text:
PART 1 General
Citation, commencement and extent
1
1
These Regulations may be cited as the Waste (England and Wales) Regulations 2011.
2
Subject to paragraph (3) , they come into force on the day after the day on which they are made.
3
Regulation 12 comes into force at the end of the period of 6 months beginning with the day on which these Regulations are made.
4
These Regulations extend to England and Wales.
Application
2
Subject to regulation 47(2) , these Regulations do not apply in relation to waste which is excluded from the scope of the Waste Framework Directive by Article 2(1), (2) or (3) of that Directive.
Interpretation
3
1
In these Regulations —
“appropriate authority” means —
in relation to England, the Secretary of State;
in relation to Wales, the Welsh Ministers;
“controlled waste” has the meaning given in section 75(4) of the Environmental Protection Act 1990 ;
“hazardous waste” —
in relation to England has the meaning given in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005 ;
in relation to Wales has the meaning given in regulation 6 of the Hazardous Waste (Wales) Regulations 2005 ;
“national waste management plan” means a waste management plan prepared by an appropriate authority;
“waste collection authority” means an authority which is a waste collection authority for the purposes of Part 2 of the Environmental Protection Act 1990 ;
“the Waste Framework Directive” means Directive 2008/98/ EC of the European Parliament and of the Council on waste ;
“waste management plan” has the meaning given in regulation 7(1) ;
“waste prevention programme” has the meaning given in regulation 4(1) and (2) .
2
Terms which are used but not defined in these Regulations and are used in the Waste Framework Directive have the same meaning as in that Directive.
PART 2 Waste prevention programmes
Establishment of waste prevention programmes
4
1
The appropriate authority must, not later than 12th December 2013 —
a
evaluate the usefulness of the waste prevention measures set out as examples in Annex IV of the Waste Framework Directive and any other such measures the authority thinks fit; and
b
establish one or more programmes of waste prevention measures (each a “waste prevention programme”).
2
A programme established before the coming into force of these Regulations may be a waste prevention programme.
3
In this regulation, “waste prevention measures” means measures taken before a substance, material or product has become waste that reduce —
a
the quantity of waste, including through the re-use of products or the extension of the life span of products;
b
the adverse impacts of generated waste on the environment and human health; or
c
the content of harmful substances in materials and products.
Purposes etc. of waste prevention programmes
5
The appropriate authority must ensure that a waste prevention programme —
a
is compatible with the objectives in paragraphs 1 and 2 of Schedule 1;
b
has as its purpose a contribution towards breaking the link between economic growth and the environmental impacts associated with the generation of waste;
c
is expressed in writing and —
i
sets out the objectives of the programme and a description of existing waste prevention measures; and
ii
if it is integrated into a waste management plan or other programme, clearly identifies the programme’s waste prevention measures.
Monitoring and evaluation of waste prevention programmes
6
1
An appropriate authority —
a
must establish qualitative or quantitative benchmarks; and
b
may establish qualitative or quantitative targets and indicators,
against which to assess the value of waste prevention programmes.
2
An appropriate authority must publish the benchmarks and any targets or indicators it establishes.
PART 3 Waste management plans
Requirement for waste management plans
7
1
The appropriate authority must ensure that there are one or more plans containing policies in relation to waste management in England or Wales, as the case may be (each a “waste management plan”).
2
A waste management plan may form part of a document and, where this is the case, any requirement of law in relation to the plan applies only to that part.
3
In this Part —
a
“England” includes the sea adjacent to England out as far as the seaward boundary of the territorial sea;
b
“Wales” includes the sea adjacent to Wales out as far as the seaward boundary of the territorial sea;
c
the sea adjacent to England is so much of the sea adjacent to Great Britain as is not the sea adjacent to Wales or the sea adjacent to Scotland;
d
the sea adjacent to Wales has the same meaning as it has by virtue of section 158(3) or (4) of the Government of Wales Act 2006 ; and
e
the sea adjacent to Scotland has the same meaning as the internal waters and territorial sea of the United Kingdom adjacent to Scotland by virtue of section 126(2) of the Scotland Act 1998 .
Content of waste management plans
8
1
The appropriate authority must ensure that the waste management plans (taken together) cover the whole of England or Wales, as the case may be.
2
The appropriate authority must ensure that the waste management plans (taken together) —
a
include a statement of the authority’s policies for attaining the objectives specified in Part 1 of Schedule 1; and
b
include the matters set out in Part 2 of Schedule 1.
3
The appropriate authority must consider, in particular, whether the matters set out in Part 3 of Schedule 1 should be included in the waste management plans.
4
An appropriate authority must ensure that the waste management plans conform to the strategy for the reduction of biodegradable waste going to landfill —
a
in relation to England, required by section 17(1) of the Waste and Emissions Trading Act 2003 ;
b
in relation to Wales, required by section 19(1) of that Act.
5
A statement of policy made before the coming into force of these Regulations may be, or form part of, a waste management plan.
PART 4 Waste prevention programmes and waste management plans: general provision
Directions to the Environment Agency
9
1
The appropriate authority may give directions to the Environment Agency requiring it —
a
to advise the authority on the measures or policies which are to be included in a waste prevention programme or waste management plan;
b
to carry out a survey or investigation into any other matter in connection with the preparation of such a programme or plan or any modification of it, and report its findings to the authority.
2
A direction given under paragraph (1)(b) —
a
must specify or describe the matters which are to be the subject of the survey or investigation;
b
may specify bodies or persons to be consulted before carrying out the survey or investigation; and
c
may make provision in relation to the manner in which —
i
the survey or investigation is to be carried out; or
ii
the findings are to be reported and made available.
3
The Environment Agency must comply with a direction given under paragraph (1).
4
Where a direction is given under paragraph (1)(b), the Environment Agency must also consult any body or person that it considers appropriate but is not specified in the direction.
5
The Environment Agency must make its findings available to the bodies and persons it consults.
Review and modification of programmes and plans
10
1
The appropriate authority —
a
must review each waste prevention programme and national waste management plan at least every sixth year;
b
may from time to time modify a programme or plan.
2
The appropriate authority must ensure that the Environment Agency and the bodies or persons mentioned in paragraph (3) are consulted during the preparation of —
a
proposals for a waste prevention programme or national waste management plan; or
b
proposals to modify such a programme or plan.
3
They are such bodies or persons appearing to be representative of —
a
the interests of local government; and
b
the interests of industry,
as the authority considers appropriate.
4
This regulation does not apply to a national waste management plan containing only provision relating to paragraph 8 , 9 , 10 or 11 of Schedule 1.
5
Steps taken before the coming into force of these Regulations in relation to a waste prevention programme or national waste management plan may be steps for the purposes of this regulation.
Public participation in programmes and plans
11
1
Part 4 of Schedule 1 (public participation in the preparation or modification of a waste prevention programme or national waste management plan) has effect, but does not apply to a programme or plan —
a
designed for the sole purpose of serving national defence or taken in case of civil emergencies;
b
for which a public participation procedure is carried out under —
i
Part 3 of the Environmental Assessment of Plans and Programmes Regulations 2004 , or
ii
Part 3 of the Environmental Assessment of Plans and Programmes (Wales) Regulations 2004 ; or
c
containing only provision relating to paragraph 8 , 9 , 10 or 11 of Schedule 1.
2
The appropriate authority must ensure that waste prevention programmes and national waste management plans are available on a publicly available website.
3
Steps taken before the coming into force of these Regulations in relation to a waste prevention programme or national waste management plan may be steps for the purposes of Part 4 of Schedule 1.
PART 5 Duties in relation to waste management and improved use of waste as a resource
Duty in relation to the waste hierarchy
12
1
An establishment or undertaking which imports, produces, collects, transports, recovers or disposes of waste, or which as a dealer or broker has control of waste must, on the transfer of waste, take all such measures available to it as are reasonable in the circumstances to apply the following waste hierarchy as a priority order —
a
prevention;
b
preparing for re-use;
c
recycling;
d
other recovery (for example energy recovery);
e
disposal.
2
But an establishment or undertaking may depart from the priority order in paragraph (1) so as to achieve the best overall environmental outcome where this is justified by life-cycle thinking on the overall impacts of the generation and management of the waste.
3
When considering the overall impacts mentioned in paragraph (2) , the following considerations must be taken into account —
a
the general environmental protection principles of precaution and sustainability;
b
technical feasibility and economic viability;
c
protection of resources;
d
the overall environmental, human health, economic and social impacts.
Duties in relation to collection of waste
13
1
An establishment or undertaking which collects waste paper, metal, plastic or glass must, from 1st January 2015, take all such measures to ensure separate collection of that waste as are available to the establishment or undertaking in that capacity and are —
a
technically, environmentally and economically practicable; and
b
appropriate to meet the necessary quality standards for the relevant recycling sectors.
2
For the avoidance of doubt, co-mingled collection (being the collection together with each other but separately from other waste of waste streams intended for recycling with a view to subsequent separation by type and nature) is a form of separate collection.
3
Every waste collection authority must, when making arrangements for the collection of waste paper, metal, plastic or glass, ensure that those arrangements are by way of separate collection.
Duty in relation to collected waste
14
1
An establishment or undertaking which collects, transports or receives waste paper, metal, plastic or glass must, from 1st January 2015, take all such measures available to it in that capacity as are reasonable in the circumstances to ensure that where that waste has been separately collected it is not mixed with other waste or other material with different properties.
2
This duty applies only where keeping waste separate facilitates or improves recovery.
Guidance
15
1
The appropriate authority may give guidance on the discharge of the duties in regulations 12 to 14 .
2
An establishment or undertaking discharging any of the duties in regulations 12 to 14 must, in doing so, have regard to any such guidance.
PART 6 Duties of planning authorities
General interpretation
16
1
In this Part —
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“the 2004 Act ” means the Planning and Compulsory Purchase Act 2004 ;
“the 2008 Act ” means the Planning Act 2008 ;
“local planning authority” has the same meaning as in 1990 Act;
“mineral planning authority” has the same meaning as in section 1 of the 1990 Act ;
“planning permission” has the meaning given in section 336 of the 1990 Act .
2
In this Part, “the planning Acts ” means —
a
the 1990 Act;
b
the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
c
the Planning (Hazardous Substances) Act 1990 ;
d
the Planning (Consequential Provisions) Act 1990 ;
e
the 2004 Act; and
f
the 2008 Act.
3
In this Part, “planning authority” means —
a
a local planning authority;
b
a joint committee constituted under section 29 of the 2004 Act;
c
a person appointed under paragraph 1 of Schedule 6 to the 1990 Act ;
d
a government department in respect of its functions under the planning Acts; or
e
an appropriate authority in respect of its functions under the planning Acts.
Meaning of planning functions
17
1
In this Part, “planning functions” means any of the following functions, other than a function which must be discharged by statutory instrument —
a
determining —
i
an application for planning permission under section 70 of the 1990 Act, or
ii
an appeal made under section 78 of the 1990 Act in relation to the determination of such an application ;
b
deciding whether to take action under section 141(2) or (3) or 177(1)(a) or (b) of the 1990 Act , or under section 35(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990;
c
deciding whether to direct under section 90(1), (2) or (2A) of the 1990 Act that planning permission must be deemed to be granted;
d
deciding whether —
i
in making or confirming a discontinuance order, to include in the order any grant of planning permission, or
ii
to confirm (with or without modifications) a discontinuance order insofar as it grants planning permission;
e
making a local development order under section 61A of the 1990 Act ;
f
discharging functions under Part 2 of the 1990 Act;
g
discharging functions in relation to England under —
i
Part 2 of and Schedule 8 to the 2004 Act, or
ii
Part 5 of the Local Democracy, Economic Development and Construction Act 2009 ;
h
discharging functions in relation to Wales under Part 6 of and Schedule 8 to the 2004 Act;
i
deciding whether to —
i
make a development consent order under section 104 or 105 of the 2008 Act, or
ii
make changes to, or revoke, such an order under section 153 of that Act, other than in accordance with paragraph 2 of Schedule 6 to that Act.
2
In paragraph (1)(d) , “discontinuance order” means an order under —
a
section 102 of the 1990 Act (including an order made under that section by virtue of section 104 of that Act) ; or
b
paragraph 1 of Schedule 9 to the 1990 Act (including an order made under that paragraph by virtue of paragraph 11 of that Schedule).
Exercise of planning functions
18
A planning authority must have regard to the following provisions of the Waste Framework Directive when exercising its planning functions to the extent that those functions relate to waste management —
a
Article 13;
b
the first paragraph of Article 16(1), ignoring the words “in cooperation with other Member States where this is necessary or advisable” and “taking into account best available techniques”;
c
Article 16(2) and (3).
Inspections
19
1
This regulation applies where a planning authority has planning functions in relation to establishments or undertakings carrying on disposal or recovery of waste.
2
The planning authority must ensure that appropriate periodic inspections of those establishments or undertakings are made .
Further duties in relation to planning permission
20
1
A planning authority must not grant planning permission or development consent for a landfill unless it has taken into consideration the requirements of —
a
paragraph 1.1 of Annex I to Council Directive 1999/31/EC on the landfill of waste ;
b
paragraph 5 of that Annex, but only in respect of nuisances and hazards arising from traffic beyond the site of the landfill.
2
A mineral planning authority must not grant planning permission for a mining waste facility to which Article 7 of Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries applies unless it is satisfied that —
a
the operator of that facility will meet the requirements of Article 11(2)(a) of that Directive; and
b
the management of waste at that facility will not conflict directly or otherwise interfere with the implementation of the plans referred to in Article 7(3)(b) of that Directive.
3
In this regulation —
“landfill” has the meaning given in Article 2(g) of Directive 1999/31/EC , but does not include any operation excluded from the scope of that Directive by Article 3(2);
“mining waste facility” means a “waste facility” as defined in Article 3(15) of Directive 2006/21/EC , but does not include those facilities mentioned in Article 24(2) or in the first paragraph of Article 24(4).
PART 7 Deposits in the sea
Interpretation
21
In this Part, “offshore licensing functions” means —
a
functions under Part 2 of the Food and Environment Protection Act 1985 ;
b
functions under Part 4 of the Marine and Coastal Access Act 2009 ,
other than functions which must be exercised by statutory instrument.
Exercise of offshore licensing functions
22
An appropriate authority must exercise its offshore licensing functions —
a
so far as material, for the purposes of implementing the waste management plans;
b
for the purposes of ensuring that —
i
the waste hierarchy referred to in Article 4 of the Waste Framework Directive is applied to the generation of waste; and
ii
waste generated by the disposal or recovery of waste is treated in accordance with Article 4 of the Waste Framework Directive;
c
for the purposes of implementing Article 13 of the Waste Framework Directive;
d
so as to ensure that the requirements in the second paragraph of Article 23(1) of the Waste Framework Directive are met; and
e
so as to ensure compliance with the following Articles of the Waste Framework Directive —
i
Article 18(2)(b) and (c),
ii
Article 23(3) and (4),
iii
Article 35(1).
Inspections
23
1
This regulation applies where an appropriate authority has offshore licensing functions in relation to establishments or undertakings carrying on disposal or recovery of waste.
2
The appropriate authority must ensure that appropriate periodic inspections of those establishments or undertakings are made .
PART 8 Registration of carriers, brokers and dealers
Interpretation
24
1
The regulations in this Part, to the extent that they relate to carriers of controlled waste, have effect as if they were made in exercise of the powers in sections 1(3), 2 and 4(6) of the Control of Pollution (Amendment) Act 1989 .
2
Sections 3 and 4 of the Control of Pollution (Amendment) Act 1989 have effect as if —
a
references to carriers of controlled waste in those sections included references to brokers of and to dealers in controlled waste;
b
references to the transport of controlled waste included references to acting as a broker of or dealer in controlled waste; and
c
regulations 26 and 28 to 34 , to the extent that they relate to brokers and dealers, were made in exercise of the powers in sections 2 and 4(6) of that Act.
3
Section 3(5) and (6) of the Control of Pollution (Amendment) Act 1989 (in its application to carriers, brokers and dealers) has effect as if —
a
references to provision made by virtue of subsection (1) or (2) include a reference to regulations 29(5) and 32(1) ; and
b
references to a prescribed offence include an offence specified in regulation 29(5)(b) .
4
Section 7(1) of the Control of Pollution (Amendment) Act 1989 has effect as if the words “the provisions of this Act” included a reference to regulation 25.
5
In this Part —
“the relevant time” means immediately before the coming into force of these Regulations;
“specified person” means —
a charity or voluntary organisation;
a waste collection authority;
an authority which is a waste disposal authority for the purposes of Part 2 of the Environmental Protection Act 1990 ;
an authority which is a waste regulation authority for the purposes of Part 2 of the Environmental Protection Act 1990 ;
a carrier which only transports waste produced by the carrier itself, except where it is construction or demolition waste (and “construction” includes improvement, repair and alteration);
a carrier which only transports, a broker which only arranges for the recovery or disposal of, or a dealer which only deals in —
animal by-products;
waste from a mine or quarry; or
waste from premises used for agriculture.
Registration of brokers and dealers in controlled waste
25
No person may act as a broker of or dealer in controlled waste unless registered with the Environment Agency.
Exemptions in relation to carriers
26
1
The following are not required to be a registered carrier of controlled waste for the purposes of section 1 of the Control of Pollution (Amendment) Act 1989 —
a
a carrier who is a specified person and who does not normally and regularly transport controlled waste;
b
the operator of a vessel, aircraft, hovercraft, floating container or vehicle, in relation to its use, after it has been loaded with waste in circumstances in which a marine licence is required or would be required but for a marine exemption order for transporting the waste in order to carry out a specified marine operation.
2
In paragraph (1)(b) —
“marine licence” means —
a licence under Part 2 of the Food and Environment Protection Act 1985; or
a marine licence under Part 4 of the Marine and Coastal Access Act 2009;
“marine exemption order” means an order under —
section 7 of the Food and Environment Protection Act 1985 (exemptions from licensing) ; or
section 74 of the Marine and Coastal Access Act 2009 (which provides for exemptions from marine licensing);
“specified marine operation” means an operation mentioned in —
section 5 or 6 of the Food and Environment Protection Act 1985 (deposits in the sea or incineration) ; or
an item numbered 1 to 6 or 11 to 13 in section 66(1) of the Marine and Coastal Access Act 2009 (which specifies licensable marine activities).
Transitional exemptions
27
1
Until the end of 2013, a transitionally exempt carrier is not required to be registered as a carrier of controlled waste for the purposes of section 1 of the Control of Pollution (Amendment) Act 1989.
2
Until the end of 2013, a transitionally exempt broker is not required to be registered as a broker of controlled waste for the purposes of regulation 25 .
3
In this regulation —
“transitionally exempt carrier” means a carrier who —
at the relevant time was not required to be registered as a carrier of controlled waste for the purposes of —
section 1 of the Control of Pollution (Amendment) Act 1989, and
paragraph 12(1) of Schedule 4 to the Waste Management Licensing Regulations 1994 ; or
had they been a carrier of controlled waste at the relevant time, would not have been required to be registered for those purposes;
“transitionally exempt broker” means a broker who —
at the relevant time was not required to be registered as a broker of controlled waste for the purposes of —
regulation 20(1) of the Waste Management Licensing Regulations 1994, and
paragraph 12(2) of Schedule 4 to those Regulations, or
had they been a broker of controlled waste at the relevant time, would not have been required to be registered for those purposes.
The register
28
1
The Environment Agency must establish and maintain a register of carriers, brokers and dealers.
2
A register of carriers or brokers held at the relevant time for the purposes of the Control of Pollution (Amendment) Act 1989 or the Waste Management Licensing Regulations 1994 is a register for the purposes of these Regulations.
Procedure for registration
29
1
This regulation applies to —
a
registration of a carrier for the purposes of the Control of Pollution (Amendment) Act 1989; and
b
registration of a broker or dealer for the purposes of regulation 25 .
2
Registration must be made using the form provided by the Environment Agency.
3
All the information required by the form must be provided, together with any fee prescribed in a charging scheme made by the Environment Agency under section 41 of the Environment Act 1995 .
4
The Agency may require additional information to be provided.
5
Registration may be refused if, in the opinion of the Agency —
a
it is undesirable for the applicant to be authorised to transport controlled waste or to act as a broker or dealer of controlled waste (as the case may be); and
b
the applicant or another relevant person has been convicted of an offence under —
i
regulation 42 ,
ii
section 1, 5 or 7(3) of the Control of Pollution (Amendment) Act 1989 ,
iii
section 33 or 34 of the Environmental Protection Act 1990 ,
iv
section 110(2) of the Environment Act 1995 ,
v
the Hazardous Waste (England and Wales) Regulations 2005 ,
vi
the Hazardous Waste (Wales) Regulations 2005 ,
vii
the Transfrontier Shipment of Waste Regulations 2007 ,
viii
regulation 38 of the Environmental Permitting (England and Wales) Regulations 2007 , or
ix
regulation 38 of the Environmental Permitting (England and Wales) Regulations 2010 .
6
On registration the Agency must provide a certificate of registration to the applicant.
7
If registration is refused the Agency must notify the applicant and give written reasons for the refusal.
Updating the register
30
1
A registered carrier, broker or dealer must within 28 days inform the Environment Agency of any change of circumstance affecting information in the entry relating to that carrier, broker or dealer.
2
If the Agency becomes aware that the information held on the register is incorrect in respect of any carrier, broker or dealer, it may remove that person from the register where it is reasonable to do so.
3
Where the Agency has the person’s address, it must notify them of the removal and request the correct information.
4
The Agency must restore the person to the register if the correct information comes to its notice.
Duration of a registration
31
1
Unless revoked, registration of a specified person is indefinite.
2
For other persons registration is for three years unless revoked.
3
But registration is not valid during any period of removal from the register under regulation 30(2) .
Revocation of registration
32
1
A registration may be revoked if —
a
the registered person or another relevant person has been convicted of an offence specified in regulation 29(5)(b) ; and
b
in the opinion of the Agency, it is undesirable for the registered carrier, broker or dealer to continue to be authorised to act as a carrier or broker of, or a dealer in, controlled waste (as the case may be).
2
If a registration is revoked the Agency must notify the registered person and give written reasons for the revocation.
3
A revocation comes into force —
a
where no appeal is made, 28 days after the date the notification is received; or
b
where an appeal is made, when it is withdrawn or refused.
Appeals
33
An appeal under section 4 of the Control of Pollution (Amendment) Act 1989 must be received by the Secretary of State or the Welsh Ministers (as the case may be) within 28 days of the refusal or revocation that is the subject of the appeal.
Inspections
34
1
The Environment Agency must ensure that appropriate periodic inspections of registered carriers, brokers and dealers are made .
2
If the inspection relates to collection or transport of controlled waste, the Environment Agency must ensure that it covers the origin, nature, quantity and destination of that waste.
3
In paragraph (2) , “collection or transport” includes an operation where waste is transported following transfer between different carriers.
PART 9 Transfer of waste
The transfer note
35
1
This regulation takes effect as if it were made in exercise of the power in section 34(5) of the Environmental Protection Act 1990.
2
When controlled waste is transferred in accordance with section 34(1)(c) of that Act the written description of the waste (“the transfer note”) must —
a
identify the waste to which it relates by reference to the appropriate codes in the List of Wastes (England) Regulations 2005 or, as the case may be, the List of Wastes (Wales) Regulations 2005 , give a description of the waste and state —
i
its quantity and whether it is loose or in a container,
ii
if in a container, the kind of container,
iii
the time and place of transfer, and
iv
the SIC code of the transferor;
b
give the name and address of the transferor and the transferee and be signed by them;
c
state whether each of the transferor and transferee are —
i
the producer of the waste,
ii
the importer of the waste,
iii
the transporter of the waste,
iv
a local authority,
v
a holder of an environmental permit under the Environmental Permitting (England and Wales) Regulations 2010, in which case the note must include the permit number (if any),
vi
a person carrying on an operation to which section 33(1)(a) of the Environmental Protection Act 1990 does not apply by virtue of regulation 68(2) of the Environmental Permitting (England and Wales) Regulations 2010,
vii
a person registered as a carrier of controlled waste under the Control of Pollution (Amendment) Act 1989, in which case the note must include the registration number (if any),
viii
a person registered as a broker of or dealer in controlled waste, in which case the note must include the registration number (if any);
d
confirm that the transferor has discharged the duty in regulation 12 .
3
Until the end of the period of 6 months beginning with the day on which these Regulations are made, a transfer note may omit the information required by paragraph (2)(a)(iv) and (d) .
4
The transfer note may be in electronic form if the person producing it can do so in a visible and legible documentary form.
5
Where the transfer note is in electronic form, the signature required by paragraph (2)(b) must be an electronic signature (and “electronic signature” means data in electronic form which are attached to or logically associated with the transfer note and which serve as a method of authentication).
6
The transferor and the transferee must keep a transfer note, or a copy of it, for at least 2 years and produce it to an officer of the Environment Agency or of a waste collection authority on demand within 7 days.
7
This regulation does not apply where the waste transferred is hazardous waste and the consignment note and, where appropriate, schedule required by the Hazardous Waste (England and Wales) Regulations 2005 or the Hazardous Waste (Wales) Regulations 2005 are completed and dealt with in accordance with those Regulations.
8
In this regulation “SIC code” means a code included in the UK Standard Industrial Classification of Industrial Activities 2007 (SIC 2007) published by the Office for National Statistics on 14th December 2007 .
PART 10 Enforcement
Interpretation
36
In this Part —
“the 1989 Act ” means the Control of Pollution (Amendment) Act 1989 ;
“compliance notice” has the meaning given in regulation 38(1) ;
“regulation authority” has the meaning given in section 9 of the 1989 Act ;
“restoration notice” has the meaning given in regulation 40(1) ;
“specified person” has the meaning given in regulation 24(5) ;
“stop notice” has the meaning given in regulation 39(1) .
Enforcement authority
37
The Environment Agency enforces Part 5 and regulation 25 .
Compliance notices
38
1
A “compliance notice” is a notice requiring a person to take specified steps within a specified period to secure that a contravention does not continue or recur.
2
If the Environment Agency considers that a person has contravened or is contravening regulation 12(1) , 13(1) , 14(1) or 25 it may serve a compliance notice on that person.
3
If a regulation authority considers that a person has contravened or is contravening section 1 of the 1989 Act it may serve a compliance notice on that person.
4
A compliance notice must —
a
state the authority’s reason for serving it;
b
specify the matters constituting the contravention;
c
specify the steps which must be taken to secure that the contravention does not continue or recur;
d
specify the period within which those steps must be taken;
e
give information as to the rights of appeal (including the period within which an appeal must be brought).
Stop notices
39
1
A “stop notice” is a notice prohibiting a person from carrying on an activity specified in the notice until the person has taken the steps specified in the notice.
2
If the Environment Agency considers that a person is carrying on an activity in contravention of regulation 12(1) , 13(1) , 14(1) or 25 it may serve a stop notice on that person.
3
If a regulation authority considers that a person is carrying on an activity in contravention of section 1 of the 1989 Act it may serve a stop notice on that person.
4
A stop notice must —
a
state the authority’s reason for serving it;
b
specify the matters constituting the contravention;
c
specify the steps which must be taken to remedy the contravention;
d
give information as to the rights of appeal (including the period within which an appeal must be brought).
Restoration notices
40
1
A “restoration notice” is a notice requiring a person to take specified steps within a specified period to secure that the position is, so far as possible, restored to what it would have been if a contravention had not occurred.
2
If the Environment Agency considers that a person has contravened regulation 14(1) it may serve a restoration notice on that person.
3
A restoration notice must —
a
state the Environment Agency’s reason for serving it;
b
specify the matters constituting the contravention;
c
specify the steps which must be taken to secure restoration, so far as possible;
d
specify the period within which those steps must be taken;
e
give information as to the rights of appeal (including the period within which an appeal must be brought).
Appeals
41
1
A person on whom a compliance notice, stop notice or restoration notice is served may appeal against the decision to serve it.
2
The grounds for appeal are —
a
that the decision was wrong in fact;
b
that the decision was wrong in law;
c
that the decision was unreasonable;
d
that any step specified in the notice is unreasonable;
e
any other reason.
3
The right of appeal is to the First-tier tribunal .
4
The tribunal must determine the standard of proof.
5
A notice, and any requirement in a notice, is not suspended pending an appeal unless the tribunal directs otherwise.
6
The tribunal may —
a
withdraw the requirement or notice;
b
confirm the requirement or notice;
c
vary the requirement or notice;
d
take such steps as the authority serving the notice could take in relation to the act or omission giving rise to the requirement or notice;
e
remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the authority.
Offence and penalties
42
1
A person is guilty of an offence who —
a
if they are not a specified person, fails to comply with regulation 25 ; or
b
fails to comply with a compliance notice, stop notice or restoration notice.
2
A person guilty of an offence under —
a
paragraph (1)(a) ; or
b
paragraph (1)(b) in relation to contravention of regulation 25 ,
is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
A person guilty of an offence under paragraph (1)(b) in relation to contravention of regulation 12(1) , 13(1) or 14(1) is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
Proceedings against partnerships and unincorporated associations
43
1
Proceedings for an offence under regulation 42(1) alleged to have been committed by a partnership or unincorporated association may be brought against the partnership or association in the name of the partnership or association.
2
For the purposes of such proceedings the following apply as if the partnership or unincorporated association were a body corporate —
a
rules of court relating to the service of documents; and
b
section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980 .
3
A fine imposed on a partnership or unincorporated association is to be paid out of the funds of the partnership or association.
Offences by bodies corporate, partnerships and unincorporated associations
44
1
Where a body corporate is guilty of an offence under regulation 42(1) , and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
that person, as well as the body corporate, is guilty of the offence.
2
In paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where a partnership is guilty of an offence under regulation 42(1) , and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of a partner, the partner, as well as the partnership, is guilty of the offence.
4
In paragraph (3) “partner” includes a person purporting to act as a partner.
5
Where an unincorporated association is guilty of an offence under regulation 42(1) , and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of an officer of the association, that officer, as well as the association, is guilty of the offence.
6
In paragraph (5) “officer”, in relation to an unincorporated association, means —
a
an officer of the association or a member of its governing body; or
b
a person purporting to act in such a capacity.
Proceedings for contravention of section 1 of the Control of Pollution (Amendment) Act 1989
45
A regulation authority must not institute proceedings against a specified person for contravention of section 1 of the 1989 Act unless —
a
the authority has served a compliance notice or stop notice on the person in respect of the contravention; and
b
the person has failed to comply with the notice.
PART 11 Final provisions
Registration: reduction of administrative burden
46
1
This regulation applies to the Environment Agency in relation to registration of —
a
carriers and brokers of, and dealers in, controlled waste (see Part 8); and
b
establishments and undertakings carrying on exempt waste operations under Schedule 2 to the Environmental Permitting (England and Wales) Regulations 2010 .
2
The Environment Agency must, where possible, use existing records held by it to obtain information for the registration process in order to reduce the administrative burden.
Radioactive waste
47
1
This regulation applies to radioactive waste where it is —
a
exempt from the requirement for an environmental permit by virtue of a specified order ; and
b
subject to a radioactive substances activity falling within paragraph 5(2)(b) or (c) or (4) of Part 2 of Schedule 23 to the Environmental Permitting (England and Wales) Regulations 2010.
2
Radioactive waste to which this regulation applies must be treated as waste for the purposes of these Regulations.
3
Sections 33 to 34C of the Environmental Protection Act 1990 apply to radioactive waste to which this regulation applies.
4
In this regulation —
“environmental permit” has the meaning given in regulation 13(1) of the Environmental Permitting (England and Wales) Regulations 2010;
“radioactive waste” and “radioactive substances activity” have the meanings given in paragraphs 4 and 5 of Part 2 of Schedule 23 to the Environmental Permitting (England and Wales) Regulations 2010;
“specified order” means —
the Radioactive Substances (Phosphatic Substances, Rare Earths etc.) Exemption Order 1962 ;
the Radioactive Substances (Lead) Exemption Order 1962 ; and
the Radioactive Substances (Substances of Low Activity) Exemption Order 1986 .
Amendments and revocations
48
1
Schedule 2 (amendments to the Hazardous Waste (England and Wales) Regulations 2005) has effect.
2
Schedule 3 (amendments to the Environmental Permitting (England and Wales) Regulations 2010) has effect.
3
Schedule 4 (amendments to other legislation) has effect.
4
Schedule 5 (revocations) has effect.
Signed on behalf of the Welsh Ministers
Jane Davidson
Minister for Environment, Sustainability and Housing
one of the Welsh Ministers
28th March 2011
Henley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
26th March 2011


type: legislation

jurisdiction: UK

text:
PART 1 General
Citation and commencement
1
1
This Order may be cited as the Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) ( No. 2) Order 2011.
2
This Order comes into force —
a
for the purposes of this article and article 8, immediately before 6th April 2012, and
b
for the purposes of the other provisions in Part 2, on 6th April 2012, and
c
for the purposes of Part 3, on 6th April 2015.
PART 2 Amendments coming into force immediately before, or on, 6th April 2012
Amendments to the Bankruptcy (Scotland) Act 1985
2
In section 32(2A) of the Bankruptcy (Scotland) Act 1985 (vesting of estate, and dealings of debtor, after sequestration) —
a
omit paragraph (b) and the word “and” immediately preceding it, and
b
for “and “protected rights” having the same meanings” substitute “having the same meaning”.
Amendments to the Insolvency Act 1986
3
For section 310(9) of the Insolvency Act 1986 (income payments orders) substitute —
9
In this section —
“guaranteed minimum pension” has the meaning given in section 8(2) of the Pension Schemes Act 1993;
“protected rights” has the meaning given in section 10 of the Pension Schemes Act 1993, as it had effect before the commencement of section 15(1) of the Pensions Act 2007.
.
Amendments to the Judicial Pensions and Retirement Act 1993
4
In Schedule 2 to the Judicial Pensions and Retirement Act 1993 (transfer of accrued benefits), in paragraph 1(1) (interpretation), for the definition of “protected rights” , substitute —
“protected rights” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993;
.
Amendments to the Pension Schemes Act 1993
5
1
The Pension Schemes Act 1993 is amended as follows.
2
In section 20(3) (transfer of accrued rights), for “sections 26 to 33” substitute “sections 31 and 33”.
3
In section 31(2) (investment and resources of schemes), for “The scheme” substitute “A scheme which was an appropriate scheme or a money purchase contracted-out scheme immediately before the abolition date”.
4
In section 33 (tax requirements to prevail over certification requirements) —
a
in the sidenote, for “certification requirements” substitute “requirements of section 31”, and
b
for “sections 26 to 32” substitute “section 31”.
5
In section 37 (alteration of rules of contracted-out schemes) —
a
in subsection (1), after “rules of a” insert “salary related”, and
b
in subsection (3), after “section to a” insert “salary related”.
6
Omit section 38 (alteration of rules of appropriate schemes).
7
In section 39 (general power to make regulations), omit “, and Part II of that Schedule as respects personal pension schemes”.
8
In section 42A (reduced rates of Class 1 contributions, and rebates) —
a
in subsection (3), at the beginning insert “Subject to subsection (5A),”, and
b
after subsection (5) insert —
5A
Where —
a
a payment under subsection (3) is due in respect of an earner, and
b
apart from this subsection, the payment would under regulations under subsection (3) be made to the earner,
HMRC are not required to make the payment if they determine that the cost to them of administering the payment would exceed the amount of the payment.
.
9
In section 43 (payment of minimum contributions to personal pension schemes), after subsection (6) insert —
6A
Where —
a
a payment under subsection (1) is due in respect of an earner, and
b
apart from this subsection, the payment would under regulations under subsection (3) be made to the earner,
HMRC are not required to make the payment if they determine that the cost to them of administering the payment would exceed the amount of the payment.
.
10
In section 50 (powers of Inland Revenue to approve arrangements for scheme ceasing to be certified) —
a
in subsection (1) —
i
omit “or a personal pension scheme”,
ii
for the words from “contracted-out” to “appropriate” substitute “salary related contracted-out”, and
iii
for paragraphs (a) and (b) substitute —
a
of earners’ accrued rights to guaranteed minimum pensions under the scheme or accrued rights to pensions under the scheme attributable to their service on or after the principal appointed day; and
b
of the liability for the payment of such pensions in respect of persons who have then become entitled to receive them.
,
b
in subsection (2), for the words from “contracted-out” to “appropriate” substitute “salary related contracted-out”,
c
in subsection (4) —
i
omit “(other than a money purchase scheme)”,
ii
for “26 to 33” substitute “31 and 33”, and
iii
for “43 to 45” substitute “43 and 45”, and
d
in subsection (6), for “which is not a money purchase contracted-out scheme”, substitute “to which subsection (1) applies”.
11
In section 52 (supervision of schemes which have ceased to be certified) —
a
in subsection (1) —
i
after “supervision of” insert “salary related”, and
ii
omit the words from “and section 54 shall apply” to the end,
b
in subsection (2), after “as respects any” insert “salary related”, and
c
omit subsections (2A)(b) and (3).
12
In section 53(3) (supervision: former contracted-out schemes) , omit “or (b)”.
13
Omit section 54 (supervision: former appropriate personal pension schemes).
14
In section 96 (further provisions concerning exercise of option under section 95) —
a
in subsection (2) —
i
in paragraph (a) omit “or his protected rights”, and
ii
in paragraph (b) omit “or protected”, and
b
in subsection (3) —
i
in paragraph (a), omit “or the member’s protected rights; and”, and
ii
omit paragraph (b).
15
In section 99(1) (trustees’ duties after exercise of option), omit “or give effect to such protected rights”.
16
In section 156(1) (information for purposes of contracting-out) , for “or appropriate scheme”, substitute “or a personal pension scheme which was an appropriate scheme before the abolition date”.
17
In section 159 (inalienability of guaranteed minimum pension and protected rights payments) —
a
in subsection (1)(a), after “scheme or” insert “entitled”,
b
in subsection (4), for the words from “protected rights”, in the first place they occur, to “protected rights”, in the second place they occur, substitute “payments giving effect to protected rights under a personal pension scheme”, and
c
in subsection (4A)(b) , omit “such rights or to”.
18
In section 164 (Crown employment), for subsection (2) substitute —
2
A person who is employed by or under the Crown shall be treated as an employed earner for the purposes of —
a
sections 31 and 33, so far as they relate to personal pension schemes;
b
sections 43 and 45;
c
section 48, so far as it relates to minimum contributions;
d
sections 117, 154 and 155;
e
section 159, so far as it relates to protected rights payments; and
f
sections 160 and 166.
.
19
In section 170 (decisions and appeals), as substituted by paragraph 131 of Schedule 7 to the Social Security Act 1998 , in subsection (3), omit “or 54”.
20
In section 170 (determination of questions by Secretary of State), as remaining in force for purposes other than those specified in article 2(1)(b) of the Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999 , in subsection (7)(a) , omit “or appropriate scheme certificates”.
21
In section 177 (general financial arrangements), in subsection (3)(b), for sub-paragraph (ii) substitute —
ii
sections 31, 33, 117, 154 and 155;
iii
section 159, so far as it relates to protected rights payments; and
iv
sections 160 and 166.
.
22
In section 181 (general interpretation) —
a
in subsection (1), in the definition of “protected rights”, at the end add “, as it had effect immediately prior to the abolition date”, and
b
in subsection (4) , omit “27, 28, 29,” and “32,”.
23
In section 183(3) (sub-delegation) omit “27(3),”.
24
In Schedule 2 (certification regulations), omit Part 2 (personal pension schemes).
Amendments to the Pensions Act 1995
6
1
The Pensions Act 1995 is amended as follows.
2
In section 51A (restriction on increase where annuity tied to investments) , in subsection (1) —
a
at the end of paragraph (a), add “and”, and
b
omit paragraph (b).
3
Omit section 149 (hybrid occupational pension schemes), section 162 (annual increase in rate of personal pension ) and section 163 (section 162: supplementary).
4
In section 175 (Parliamentary control of orders and regulations), in subsection (2), omit paragraph (d) and the word “or” immediately preceding it.
Amendments to the Pensions Act 2004
7
In section 170 (discharge of liabilities in respect of money purchase benefits) of the Pensions Act 2004 —
a
omit subsection (3), and
b
in subsection (4), omit the definition of “protected rights”.
Repeal and amendment of certain amending provisions of the Pensions Act 2007 before their commencement
8
1
Paragraphs 7, 16, 24, 25, 30, 32, 33 and 36 of Schedule 4 to the Pensions Act 2007 (abolition of contracting-out for defined contribution pension schemes) are omitted, and are not to have any effect from the contracting-out abolition date (within the meaning of section 106(4) of the Pensions Act 2008) (in spite of section 15(4) of the Pensions Act 2007).
2
In Part 2 (further amendments) of Schedule 4 to the Pensions Act 2007 (which is not yet in force) —
a
omit paragraph 55 (which would have amended section 50 of the Pension Schemes Act 1993),
b
in paragraph 56 (which amends section 164 of the Pension Schemes Act 1993), for the words from “in paragraph (b)” to the end, substitute “omit paragraph (b)”,and
c
in paragraph 59(3), in the text to be inserted in paragraph 5(1) of Schedule 2 to the Pension Schemes Act 1993, omit “38,” and “(except as they apply to personal pension schemes, the members of such schemes or rights in respect of them)”.
PART 3 Amendments coming into force on 6th April 2015
Amendments to the Pension Schemes Act 1993
9
1
The Pension Schemes Act 1993 is amended as follows.
2
In section 20(3) (transfer of accrued rights) , omit “and sections 31 and 33”.
3
Omit section 33 (tax requirements to prevail over requirements of section 31) .
4
In section 42A (reduced rates of Class 1 contributions, and rebates) —
a
in subsection (3) , for “trustees or managers of the scheme” substitute “earner”, and
b
for subsection (5A) , substitute —
5A
Where a payment under subsection (3) is due in respect of an earner, HMRC are not required to make the payment if they determine that the cost to them of administering the payment would exceed the amount of the payment.
.
5
In section 43 (payment of minimum contributions to personal pension schemes) —
a
in subsection (2), for “trustees or managers of the earner’s chosen scheme” substitute “earner”, and
b
for subsection (6A) , substitute —
6A
Where a payment under subsection (1) is due in respect of an earner, HMRC are not required to make the payment if they determine that the cost to them of administering the payment would exceed the amount of the payment.
.
6
In section 164(2) (Crown employment) , omit paragraph (a).
7
In section 181(4) (general interpretation) , omit “31,”.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State
Department for Work and Pensions
12th July 2011


text:
PART 1 General
Citation, commencement and extent
1
1
These Regulations may be cited as the Road Transport Operator Regulations 2011 and come into force on 4th December 2011.
2
Except for regulation 4(2), these Regulations do not extend to Northern Ireland.
Purpose and interpretation
2
1
These Regulations implement Regulation 1071/2009 .
2
In these Regulations —
“the commencement date” means 4th December 2011;
“Regulation 1071/2009” means Regulation (EC) No. 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/ EC ;
“the 1981 Act ” means the Public Passenger Vehicles Act 1981 ;
“the 1995 Act ” means the Goods Vehicles (Licensing of Operators) Act 1995 .
3
Unless the context otherwise requires, expressions used in Regulation 1071/2009 have the same meaning when used in these Regulations.
Revocation
3
The following instruments are revoked —
a
the Public Service Vehicle Operators (Qualifications) Regulations 1990 ;
b
the Goods Vehicle Operators (Qualifications) Regulations 1999 ; and
c
the Public Service Vehicle Operators (Qualifications) Regulations 1999 .
Competent authorities etc.
4
1
Subject to paragraphs (3) and (4), the competent authority for the purposes of Regulation 1071/2009 is a traffic commissioner appointed under the 1981 Act.
2
The Secretary of State is designated as the public authority responsible for supervising the processing of data contained in the national electronic register for the purposes of Article 16.1 of Regulation 1071/2009.
3
Paragraph (4) has effect until the coming into force of section 2 of the Local Transport Act 2008 in relation to a road transport operator who holds, or has applied for, a standard licence under the 1981 Act or the 1995 Act.
4
The competent authority for the purposes of Regulation 1071/2009 is the traffic commissioner for the traffic area in which the licence was granted or (as the case may be) the traffic commissioner to whom it falls to consider the application for the licence.
Authorisations to pursue or engage in the occupation of road transport operator
5
1
A standard licence granted under the 1981 Act (including before the commencement date) constitutes an authorisation to pursue or engage in the occupation of road transport operator for the purposes of Regulation 1071/2009 in the capacity of road passenger transport operator.
2
A standard licence granted under the 1995 Act (including before the commencement date) constitutes an authorisation to pursue or engage in the occupation of road transport operator for the purposes of Regulation 1071/2009 in the capacity of road haulage operator.
Notification of changes to data
6
1
The period within which a change to data is to be notified under Article 11.5 of Regulation 1071/2009 by an undertaking holding a standard licence granted under the 1981 Act or the 1995 Act is 28 days commencing on the date of the change.
2
The obligation imposed by that Article on such an undertaking constitutes a condition attached to the licence for the purposes of —
a
in the case of a licence granted under the 1981 Act, section 17(3)(b) of that Act; and
b
in the case of a licence granted under the 1995 Act, section 26(1)(b) of that Act.
PART 2 Amendments to primary legislation
Amendments to the Public Passenger Vehicles Act 1981 and the Transport Act 1985
7
1
The 1981 Act and the Transport Act 1985 are amended in accordance with Schedule 1.
2
Those amendments are subject to the transitional provisions in Part 1 of Schedule 3.
Amendments to the Goods Vehicles (Licensing of Operators) Act 1995
8
1
The 1995 Act is amended in accordance with Schedule 2.
2
Those amendments are subject to the transitional provisions in Part 2 of Schedule 3.
PART 3 Review
Review
9
1
The Secretary of State must from time to time —
a
carry out a review of these Regulations,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Regulation 1071/2009 (which is implemented by means of these Regulations) is implemented in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established by these Regulations,
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Signed by authority of the Secretary of State
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
1st November 2011


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Sexual Offences Act 2003 (Prescribed Police Stations) Regulations 2011 and come into force on 12th August 2011.
2
These Regulations extend to England and Wales only.
Prescribed police stations
2
The police stations listed in the Schedule to these Regulations are prescribed for the purposes of section 87(1)(a) of the Sexual Offences Act 2003.
Revocation
3
Schedule 1 to the Sexual Offences Act 2003 (Prescribed Police Stations) Regulations 2010 is revoked.
Lynne Featherstone
Parliamentary Under-Secretary of State
Home Office
18th July 2011


text:
1
This Order may be cited as the Cobham Motorway Services Area Trunk Road (Connecting Roads) Order 2011 and shall come into force on 23rd February 2011.
2
In this Order –
i
“the Motorway” means the M25 London Orbital Motorway;
ii
“the plan” means the plan numbered HA 10/MP/111 marked “The Cobham Motorway Services Area Trunk Road (Connecting Roads) Order 2011”, signed by authority of the Secretary of State for Transport and deposited at Document Deposit Service, Communities and Local Government, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
iii
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order and which connect the Motorway with other proposed highways at the places stated in that Schedule.
3
The slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the trunk roads is indicated by a heavy black line on the plan.
Signed by authority of the Secretary of State for Transport
Peter Adams
A Divisional Director
Highways Agency
8th February 2011


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Exemption and Amendment)(Amendment) Regulations 2011 and shall come into force on 12th January 2012.
Amendment of the Wireless Telegraphy (Exemption and Amendment) Regulations 2010
2
The Wireless Telegraphy (Exemption and Amendment) Regulations 2010 are amended as follows —
a
in regulation 5, for ““IR 2030 – UK Interface Requirements 2030, Licence Exempt Short Range Devices”” substitute ““IR 2030 – UK Interface Requirements 2030 Licence Exempt Short Range Devices (December 2011)” published by OFCOM in December 2011”;
b
omit the footnote in regulation 5; and
c
after regulation 7, insert —
Personal locator beacons
8
The use of wireless telegraphy apparatus in the frequency band 406 to 406.1 megahertz complying with the publication “IR 2084 - UK Interface Requirement 2084 Cospas-Sarsat locator beacons for use on land (December 2011)” published by OFCOM in December 2011, is exempt from the provisions of section 8(1) of the Act, if —
a
it does not cause or contribute to any undue interference to any wireless telegraphy;
b
use is not airborne; and
c
it is not used on board a ship.
.
Hyacinth S. Nwana
Group Director, Spectrum Policy Group of the Office of Communications
For and by authority of the Office of Communications
19th December 2011


text:
Citation and extent
1
1
This Order may be cited as the Domestic Violence, Crime and Victims Act 2004 (Commencement No. 14) Order 2011.
2
This Order extends to England and Wales.
Commencement
2
Section 9 of the Domestic Violence, Crime and Victims Act 2004 (domestic homicide reviews: establishment and conduct of reviews) shall come into force on 13th April 2011, in so far as it extends to England and Wales.
Lynne Featherstone
Parliamentary Under-Secretary of State
Home Office
30th March 2011


text:
Citation and commencement
1
These Regulations may be cited as the Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2011 and come into force on the day after the day on which they are made.
Amendment of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007
2
1
Schedule 1 (The Mayoral Elections Rules) and Schedule 3 (Mayoral Election (Combination of Polls) Rules) to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 are amended as follows.
2
After rule 18(4) in each Schedule, insert —
4A
If a candidate who is the subject of an authorisation by two or more parties under rule 7(3) so requests, the ballot paper must contain, against the candidate’s particulars, the registered emblem (or, as the case may be, one of the registered emblems) of one of those parties.
.
3
In rule 18(5) in each Schedule, after the words “under paragraph (4)” insert “or (4A)”.
Mark Harper
Parliamentary Secretary (Minister for Political and Constitutional Reform)
Cabinet Office
23rd March 2011


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Bus Service Operators Grant (England) (Amendment) Regulations 2011 and they come into force on 1st November 2011.
2
These Regulations apply to England only.
Amendment of regulations
2
1
The Bus Service Operators Grant (England) Regulations 2002 are amended as follows.
2
In regulation 2, omit the definitions of “apex fare”, “domestic coach service” and “statutory travel concession permit”.
3
In regulation 3–
a
omit paragraph (1)(d); and
b
omit paragraph (5).
Revocation
3
The Bus Service Operators Grant (Amendment) (England) Regulations 2003 are revoked.
Signed by authority of the Secretary of State
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
10th October 2011


text:
Citation and commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 2011 and shall come into force on 6th April 2011.
Revaluation of earnings factors
2
The earnings factors for tax years specified in the Schedule to this Order in so far as they are relevant —
a
to the calculation —
i
of the additional pension in the rate of any long-term benefit, or
ii
of any guaranteed minimum pension ; or
b
to any other calculation required under Part 3 of the Pension Schemes Act 1993 (including that Part as modified by or under any other enactment),
are directed to be increased for those tax years by the percentage of their amount shown opposite those tax years in that Schedule.
Rounding of fractional amounts
3
Where any earnings factor relevant to the calculation specified in article 2(a)(i) of this Order, as increased in accordance with this Order, would not but for this article be expressed as a whole number of pounds, it shall be so expressed by rounding down any fraction of a pound less than one half and rounding up any other fraction of a pound.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
22nd February 2011


text:
1
This Order may be cited as the Immigration (Designation of Travel Bans) (Amendment No.5) Order 2011 and shall come into force on 26th May 2011.
2
In Part 2 of the Schedule to the Immigration (Designation of Travel Bans) Order 2000 insert after “Council Decision 2011/273/ CFSP of 9th May 2011 (Syria)”, “as implemented by Council Implementing Decision 2011/302/CFSP of 23rd May 2011 (Syria)” .
Damian Green
Minister of State
Home Office
24th May 2011


text:
Citation and commencement
1
These Regulations may be cited as the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011 and come into force fourteen days after the day on which they are made.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Equality Act 2010;
“British citizen” has the same meaning as in the British Nationality Act 1981 ;
“designated state” means the countries of the African, Caribbean and Pacific Group of States, the Kingdom of Morocco, Montenegro, the Most Serene Republic of San Marino, the People’s Democratic Republic of Algeria, the Principality of Andorra, the Republic of Albania, the Republic of Croatia, the Republic of Macedonia, the Republic of Tunisia, the Republic of Turkey, the Russian Federation or the Swiss Confederation;
“United Kingdom ship” means a ship registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 , and
“United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom.
2
For the purposes of regulations 3(3)(c) and 4(2)(b) —
a
the legal relationship of the seafarer’s employment is located within Great Britain if the contract under which the seafarer is employed —
i
was entered into in Great Britain; or
ii
takes effect in Great Britain,
b
whether the legal relationship of the seafarer’s employment retains a sufficiently close link with Great Britain is to be determined by reference to all relevant factors including —
i
where the seafarer is subject to tax;
ii
where the employer or principal is incorporated;
iii
where the employer or principal is established;
iv
where the ship or hovercraft on which the seafarer works is registered.
Application of Part 5 of the Act to seafarers working wholly or partly in Great Britain and adjacent waters
3
1
Part 5 of the Act applies to a seafarer who works wholly or partly within Great Britain (including United Kingdom waters adjacent to Great Britain) if the seafarer is on —
a
a United Kingdom ship and the ship’s entry in the register maintained under section 8 of the Merchant Shipping Act 1995 specifies a port in Great Britain as the ship’s port of choice, or
b
a hovercraft registered in the United Kingdom and operated by a person whose principal place of business, or ordinary residence, is in Great Britain.
2
Part 5 of the Act, except in relation to the protected characteristic of marriage and civil partnership, also applies to a seafarer who works wholly or partly within Great Britain (including United Kingdom waters adjacent to Great Britain) and who is on —
a
a ship registered in or entitled to fly the flag of an EEA State other than the United Kingdom, or
b
a hovercraft registered in an EEA State other than the United Kingdom,
if paragraph (3) applies.
3
This paragraph applies if —
a
the ship or hovercraft is in United Kingdom waters adjacent to Great Britain,
b
the seafarer is a British citizen, or a national of an EEA State other than the United Kingdom or of a designated state, and
c
the legal relationship of the seafarer’s employment is located within Great Britain or retains a sufficiently close link with Great Britain.
Application of Part 5 of the Act to seafarers working wholly outside Great Britain and adjacent waters
4
1
Part 5 of the Act applies to a seafarer who works wholly outside Great Britain and United Kingdom waters adjacent to Great Britain if the seafarer is on —
a
a United Kingdom ship and the ship’s entry in the register maintained under section 8 of the Merchant Shipping Act 1995 specifies a port in Great Britain as the ship’s port of choice, or
b
a hovercraft registered in the United Kingdom and operated by a person whose principal place of business, or ordinary residence, is in Great Britain,
and paragraph (2) applies.
2
This paragraph applies if —
a
the seafarer is a British citizen, or a national of an EEA State other than the United Kingdom or of a designated state, and
b
the legal relationship of the seafarer’s employment is located within Great Britain or retains a sufficiently close link with Great Britain.
Differentiation in relation to pay
5
It is not a contravention of section 39(1)(b) or (2)(a) or 41(1)(a) of the Act, as applied by regulations 3 and 4, for an employer or principal to offer to pay or to pay a person (A) at a lower rate than that at which the employer or principal offers to pay or pays another person (B) because A is of a different nationality from B, if —
a
A —
i
applied for work as a seafarer, or
ii
was recruited as a seafarer,
outside Great Britain, and
b
A is not —
i
a British Citizen,
ii
a national of another EEA State, or
iii
a national of a designated state.
Review
6
1
Before the end of each review period, the Secretary of State must —
a
carry out a review of regulations 3 to 5,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how —
a
Council Directive 2000/43/ EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin ,
b
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework of equal treatment in employment and occupation , and
c
Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) ,
are implemented in other member States in relation to work on ships and hovercraft and seafarers.
3
The report must in particular —
a
set out the objectives intended to be achieved by applying Part 5 of the Act to work on ships and hovercraft and seafarers,
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved by imposing less regulation.
4
“Review period” means —
a
the period of five years beginning with the day on which these Regulations come into force, and
b
subject to paragraph (5), each successive period of five years.
5
If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
Signed by authority of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
18th July 2011


text:
PART 1 Introduction
Citation and commencement
1
This Order may be cited as the Electricity and Gas (Carbon Emissions and Community Energy Saving) (Amendment) Order 2011 and comes into force on the day after the day on which this Order is made.
PART 2 Amendment of the Electricity and Gas (Carbon Emissions Reduction) Order 2008
Amendment of the Electricity and Gas (Carbon Emissions Reduction) Order 2008
2
The Electricity and Gas (Carbon Emissions Reduction) Order 2008 is amended in accordance with the following provisions of this Part.
Amendment of article 4 (definition of supplier)
3
1
Article 4 (definition of supplier) is amended as follows.
2
For paragraph (2) substitute —
2
A person must supply —
a
at least 50,000 domestic customers on 31st December of the year 2007, 2008, 2009 or 2010; or
b
at least 250,000 domestic customers on 31st December 2011.
.
3
For paragraph (3) substitute —
3
A company that belongs to a group of companies must supply domestic customers and —
a
on 31st December of the year 2007, 2008, 2009 or 2010 the number of domestic customers of that company and of other companies in the group must be at least 50,000; or
b
on 31st December 2011 the number of domestic customers of that company and of other companies in the group must be at least 250,000.
.
Amendment of article 8 (review of obligations by the Authority)
4
1
Article 8 (review of obligations by the Authority) is amended as follows.
2
For paragraph (5) substitute —
5
The number of domestic customers under paragraph (3)(b) on each 31st December subsequent to the commencement of the obligation period, or under paragraph (4)(c), is deemed to be zero where —
a
in respect of any 31st December other than 31st December 2011 —
i
a supplier belongs to a group of companies and that group has fewer than 50,000 domestic customers on that date; or
ii
for any other supplier, that supplier has fewer than 50,000 domestic customers on that date;
b
in respect of 31st December 2011 —
i
a supplier belongs to a group of companies and that group has fewer than 250,000 domestic customers on that date; or
ii
for any other supplier, that supplier has fewer than 250,000 domestic customers on that date.
.
Amendment of article 18 (transfers)
5
In article 18 (transfers), in paragraph (3)(a) for “31st March 2012” substitute “31st December 2012”.
PART 3 Amendment of Electricity and Gas (Community Energy Saving Programme) Order 2009
Amendment of the Electricity and Gas (Community Energy Saving Programme) Order 2009
6
The Electricity and Gas (Community Energy Saving Programme) Order 2009 is amended in accordance with the following provisions of this Part.
Amendment of article 5 (definition of supplier)
7
1
Article 5 (definition of supplier) is amended as follows.
2
For paragraph (2) substitute —
2
A person must supply —
a
at least 50,000 domestic customers on 31st December of the year 2008, 2009 or 2010; or
b
at least 250,000 domestic customers on 31st December 2011.
.
3
For paragraph (3) substitute —
3
A company that belongs to a group of companies must supply domestic customers and —
a
on 31st December of the year 2008, 2009 or 2010 the number of domestic customers of that company and of other companies in the group must be at least 50,000; or
b
on 31st December 2011 the number of domestic customers of that company and of other companies in the group must be at least 250,000.
.
Amendment of article 13 (review of obligations by the Authority in relation to suppliers)
8
1
Article 13 (review of obligations by the Authority in relation to suppliers) is amended as follows.
2
For paragraph (6) substitute —
6
The number of domestic customers under paragraph (3)(b) on each 31st December subsequent to the commencement of the obligation period is deemed to be zero where —
a
in respect of any 31st December other than 31st December 2011 —
i
a supplier belongs to a group of companies and that group has fewer than 50,000 domestic customers on that date; or
ii
for any other supplier, that supplier has fewer than 50,000 domestic customers on that date;
b
in respect of 31st December 2011 —
i
a supplier belongs to a group of companies and that group has fewer than 250,000 domestic customers on that date; or
ii
for any other supplier, that supplier has fewer than 250,000 domestic customers on that date.
.
3
After paragraph (6) insert —
6A
The number of domestic customers under paragraph (4)(a) is deemed to be zero where —
a
a supplier belongs to a group of companies and that group has fewer than 50,000 domestic customers on 31st December 2010; or
b
for any other supplier, that supplier has fewer than 50,000 domestic customers on 31st December 2010.
6B
The number of domestic customers under paragraph (4)(d) or (5)(c) is deemed to be zero where —
a
a supplier belongs to a group of companies and that group has fewer than 250,000 domestic customers on 31st December 2011; or
b
for any other supplier, that supplier has fewer than 250,000 customers on 31st December 2011.
.
Marland of Odstock
Parliamentary Under Secretary of State
Department of Energy and Climate Change
21st December 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Lancashire Hospitals National Health Service Trust (Establishment) and the Blackburn, Hyndburn and Ribble Valley Health Care National Health Service Trust and Burnley Health Care National Health Service Trust (Dissolution) Amendment Order 2011 and shall come into force on 1st October 2011.
2
In this Order —
“the Establishment Order ” means the East Lancashire Hospitals National Health Service Trust (Establishment) and the Blackburn, Hyndburn and Ribble Valley Health Care National Health Service Trust and Burnley Health Care National Health Service Trust (Dissolution) Order 2002 ;
“the trust” means the NHS trust established by the Establishment Order.
Amendment of article 1 of the Establishment Order
2
In article 1 of the Establishment Order (citation, commencement, interpretation and extent), in paragraph (2) —
a
for the definition of “ the Act ”, substitute —
“the Act” means the National Health Service Act 2006;
;
b
for the definition of “community health services” substitute —
“community health services” means any services which the Secretary of State has a duty to provide under section 3(1)(d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A of that Schedule;
; and
c
omit the definition of “operational date”.
Substitution of article 3 of the Establishment Order
3
For article 3 of the Establishment Order (nature and functions of the trust) substitute —
Nature and functions of the trust
3
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service.
.
Amendment of article 4 of the Establishment Order
4
In article 4 of the Establishment Order (directors of the trust), before “non-executive directors” for “5” substitute “6”.
Substitution of article 5 of the Establishment Order
5
For article 5 of the Establishment Order (operational and accounting dates of the trust) substitute —
Accounting date of the trust
5
The accounting date of the trust shall be 31st March.
.
Revocation of articles 6 and 7 of the Establishment Order
6
The following articles of the Establishment Order are revoked —
a
article 6 (limited functions before operational date); and
b
article 7 (assistance from health authority before operational date).
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
7th September 2011


text:
Citation, commencement and application
1
1
This Order may be cited as the Local Government, Planning and Land Act 1980 (Amendment of Schedule 16) (England) Order 2011 and shall come into force on 30th June 2011.
2
This Order applies in relation to land in England only.
Amendments
2
Schedule 16 (Bodies to whom Part X applies) to the Act is amended as follows —
a
after paragraph 5BZB insert —
5BZC
The Greater London Authority.
,
b
after paragraph 5BB insert —
5BC
Transport for London.
, and
c
after paragraph 5CC insert —
5CD
The British Transport Police.
.
Signed by authority of the Secretary of State for Communities and Local Government
Grant Shapps
Minister of State
Department for Communities and Local Government
3rd June 2011


text:
Citation and commencement
1
1
These Regulations may be cited as the Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2011.
2
These Regulations come into force on 1st August 2011.
Appointment of principal regulator of exempt charities: maintained schools etc. in England
2
The Secretary of State for Education is prescribed as the principal regulator of any exempt charity which is —
a
the governing body of a foundation, voluntary or foundation special school in England;
b
a foundation body for schools in England established under section 21 of the School Standards and Framework Act 1998 ;
c
an institution which —
i
is administered by or on behalf of a body to which paragraph (a) or (b) applies; and
ii
is established for the general purposes of, or for any special purpose of or in connection with that body or any foundation, voluntary or foundation special school or schools.
Appointment of principal regulator of exempt charities: maintained schools etc. in Wales
3
The Welsh Ministers are prescribed as the principal regulator of any exempt charity which is —
a
the governing body of a foundation, voluntary or foundation special school in Wales;
b
a foundation body for schools in Wales established under section 21 of the School Standards and Framework Act 1998;
c
an institution which —
i
is administered by or on behalf of a body to which paragraph (a) or (b) applies; and
ii
is established for the general purposes of, or for any special purpose of or in connection with that body or any foundation, voluntary or foundation special school or schools.
Appointment of principal regulator of exempt charities: sixth form college corporations
4
The Secretary of State for Education is prescribed as the principal regulator of any exempt charity which is a sixth form college corporation (within the meaning of the Further and Higher Education Act 1992 ).
Appointment of principal regulator of exempt charities: academies
5
The Secretary of State for Education is prescribed as the principal regulator of any exempt charity which is a qualifying Academy proprietor (within the meaning of section 12 of the Academies Act 2010 ).
Definition of “responsible person”
6
1
In its application to the Secretary of State for Education as principal regulator of an exempt charity by virtue of these Regulations, section 10A of the Charities Act 1993 has effect as if, for the definition of “responsible person” in subsection (7), there were substituted —
“responsible person” means a person who is or was —
the Secretary of State for Education;
acting on behalf of the Secretary of State for Education; or
a member of a committee established by the Secretary of State for Education.
.
2
In its application to the Welsh Ministers as principal regulator of an exempt charity by virtue of these Regulations, section 10A of the Charities Act 1993 has effect as if, for the definition of “responsible person” in subsection (7), there were substituted —
“responsible person” means a person who is or was —
a Welsh Minister;
acting on behalf of the Welsh Ministers; or
a member of a committee established by the Welsh Ministers.
.
Amendment to the Apprenticeships, Skills, Children and Learning Act 2009
7
After section 71 of the Apprenticeships, Skills, Children and Learning Act 2009 insert —
Assistance etc. in relation to functions of the principal regulator
71A
1
The YPLA may provide assistance, information or advice to the Secretary of State in connection with the performance of the Secretary of State’s functions as principal regulator of an exempt charity (within the meaning of section 13 of the Charities Act 2006) which is —
a
a sixth form college corporation (within the meaning of the Further and Higher Education Act 1992); or
b
a qualifying Academy proprietor (within the meaning of section 12 of the Academies Act 2010).
2
The Secretary of State may provide information to the YPLA for the purpose of enabling or assisting the YPLA to discharge its functions under subsection (1).
.
Amendment to the Education Act 1996
8
For section 537C of the Education Act 1996 substitute —
Disclosure of information by or to principal regulators of exempt charities
537C
1
Nothing in any provision made by or under section 537, 537A or 537B requires or authorises the provision of information —
a
by the principal regulator of an exempt charity (within the meaning of section 13 of the Charities Act 2006), if the information was received by that principal regulator in its capacity as such; or
b
to the principal regulator of an exempt charity in its capacity as such.
2
Nothing in subsection (1) prevents the disclosure of information under section 10A of the Charities Act 1993.
.
Nick Hurd
Parliamentary Secretary
Cabinet Office
14th July 2011


text:
Citation and interpretation
1
1
This Order may be cited as the Police Reform and Social Responsibility Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2011.
2
In this Order —
a
“the 1996 Act ” means the Police Act 1996 ;
b
“the 2011 Act ” means the Police Reform and Social Responsibility Act 2011.
Provisions coming into force on 15th December 2011
2
The day appointed for the coming into force of the following provisions of the 2011 Act is 15th December 2011 —
a
section 11(1) and (2);
b
section 17(4) to (7), to the extent that those provisions allow the Secretary of State to make a financial code of practice, to revise the code and to lay the code or revision of the code before Parliament;
c
section 82(1) and (12).
Provisions coming into force on 16th January 2012
3
The provisions of the 2011 Act listed in Schedule 1 come into force on 16th January 2012, to the extent set out in that Schedule and subject to articles 4 to 10.
Transitional provisions in relation to the accounts of the Metropolitan Police Authority
4
Regulations 7 and 8 of the Accounts and Audit (England) Regulations 2011 shall not apply to the Metropolitan Police Authority in relation to the financial year beginning on 1st April 2011.
Transitional provision in relation to complaints against members of the Metropolitan Police Authority
5
1
This article applies in relation to any allegation that a member or co-opted member of the Metropolitan Police Authority has failed, or may have failed, to comply with that authority’s code of conduct, if that allegation is being handled by the authority in accordance with Part 3 of the Local Government Act 2000 immediately before the authority is abolished under section 3(12) of the 2011 Act.
2
Where the member or co-opted member to whom the allegation relates is also a member of the London Assembly, the allegation shall be referred to the Greater London Authority, and shall be dealt with by that authority as if Part 3 of the Local Government Act 2000 and regulations made under that Part continued to apply to it, modified so that —
a
references to the code of conduct of the relevant authority have effect as references to the code of conduct of the Metropolitan Police Authority applicable at the time when the conduct which is the subject matter of the allegation is said to have occurred;
b
references to the standards committee of the relevant authority have effect as references to the standards committee of the Greater London Authority; and
c
references to the monitoring officer of the relevant authority have effect as references to the monitoring officer of the Greater London Authority.
3
Where the member or co-opted member to whom the allegation relates is not a member of the London Assembly, the allegation shall be referred to the Mayor’s Office for Policing and Crime, and shall be dealt with by that office as if Part 3 of the Local Government Act 2000 and regulations made under that Part continued to apply to it, modified so that —
a
references to the code of conduct of the relevant authority have effect as references to the code of conduct of the Metropolitan Police Authority applicable at the time when the conduct which is the subject matter of the allegation is said to have occurred;
b
references to the standards committee of the relevant authority have effect as references to the Mayor’s Office for Policing and Crime;
c
references to the monitoring officer of the relevant authority have effect as references to the chief executive appointed by the Mayor’s Office for Policing and Crime under paragraph 2(1) of Schedule 3 to the 2011 Act; and
d
in the event of a finding that the member or co-opted member to whom the allegation relates failed to comply with the code of conduct of the Metropolitan Police Authority and that a sanction should be imposed, the only sanction that is available to the Mayor’s Office for Policing and Crime is censure.
4
Anything done or treated as done by or in relation to the Metropolitan Police Authority in respect of the allegation has effect as if done —
a
by the Greater London Authority, in a case to which paragraph (2) applies, and
b
by the Mayor’s Office for Policing and Crime, in a case to which paragraph (3) applies.
Transitional provision in relation to the appointment of the Deputy Mayor for Policing and Crime
6
1
This article applies on the first occasion when the power to appoint a Deputy Mayor for Policing and Crime under section 19(1)(a) is exercised.
2
Sections 19(12) and 20 of the 2011 Act do not apply to the appointment, if and only if —
a
the person that the Mayor’s Office for Policing and Crime proposes to appoint holds the office of chairman of the Metropolitan Police Authority at the time when that authority is abolished under section 3(12) of the 2011 Act; and
b
a confirmation hearing was held under Schedule 4A to the Greater London Authority Act 1999 in relation to the person’s appointment to the office of chairman of the Metropolitan Police Authority.
Transitory provision in connection with the civilian staff of the metropolitan police force
7
1
This article applies until there is no longer any person employed as a police civilian member of the staff of the Mayor’s Office for Policing and Crime, within the meaning of paragraph 7(10)(b) of Schedule 15 to the 2011 Act.
2
Section 102(6) of the 2011 Act has effect as if, before paragraph (a), there was inserted —
aa
those members of the staff of the Mayor’s Office for Policing and Crime who are under the direction and control of the Commissioner of Police of the Metropolis,
.
3
Where the Commissioner of Police of the Metropolis —
a
appoints a person to be the metropolitan police force’s chief finance officer under paragraph 1(1) of Schedule 4 to the 2011 Act; or
b
appoints a person to act as the chief finance officer under paragraph 2(1) of that Schedule,
that person does not become a member of the staff of the Commissioner by virtue of the appointment, but becomes or remains a civilian member of the staff of the Mayor’s Office for Policing and Crime.
Transitional and transitory provision and savings in connection with police complaints and misconduct
8
1
This article applies until the coming into force of section 1 of the 2011 Act.
2
Notwithstanding the coming into force of paragraph 4 of Schedule 14 to the 2011 Act in the metropolitan police district, section 14 of the Police Reform Act 2002 continues to have effect in that district with the modification that, for the purposes of that section, “police authority” means the Mayor’s Office for Policing and Crime.
3
Paragraph 40 of Schedule 16 to the 2011 Act has effect as if it read —
40
In section 84(4) (representation etc at disciplinary and other proceedings), for the definition of “relevant authority” substitute —
“relevant authority” means —
where the officer concerned is a senior officer of a police force maintained under section 2 or the Commissioner of Police of the Metropolis, the local policing body for the police force of which the officer is a member; and
in any other case, the chief officer of police of the police force of which the officer is a member or for which the officer is appointed as a special constable;
.
.
4
Paragraph 291(a) of Schedule 16 to the 2011 Act has effect as if it read —
a
for the definition of “appropriate authority” substitute —
“appropriate authority” —
in relation to a person serving with the police or in relation to any complaint, conduct matter or investigation relating to the conduct of such a person, means —
if that person is a senior officer of a police force maintained under section 2 of the Police Act 1996 or the City of London police force, the police authority for the area of the police force of which he is a member;
if that person is the Commissioner of Police of the Metropolis or a person exercising powers or duties of the Commissioner in accordance with section 44 or 45(4) of the Police Reform and Social Responsibility Act 2011, the Mayor’s Office for Policing and Crime; and
in any other case, the chief officer under whose direction and control the person is; and
in relation to a death or serious injury matter, means —
if the relevant officer is a senior officer of a police force maintained under section 2 of the Police Act 1996 or the City of London police force, the police authority for the area of the police force of which he is a member;
if the relevant officer is the Commissioner of Police of the Metropolis or a person exercising powers or duties of the Commissioner in accordance with section 44 or 45(4) of the Police Reform and Social Responsibility Act 2011, the Mayor’s Office for Policing and Crime; and
in any other case, the chief officer under whose direction and control the person is;
;
.
Savings in connection with powers of the Secretary of State
9
1
This article applies until the coming into force of section 1 of the 2011 Act.
2
Notwithstanding the coming into force of section 81(b) and (c) of the 2011 Act, sections 39 and 43 of the 1996 Act continue to have effect, in relation to a police authority established under section 3 of that Act.
3
Notwithstanding the coming into force of section 82 of the 2011 Act, section 42 of the 1996 Act continues to have effect without the amendments set out in section 82 but with the following modifications —
a
each reference to the Metropolitan Police Authority has effect as a reference to the Mayor’s Office for Policing and Crime;
b
the reference to section 9E of the 1996 Act in section 42(1)(a) has effect as a reference to section 48 of the 2011 Act.
Transitory provision and savings in connection with the continued existence of police authorities established under section 3 of the 1996 Act
10
1
This article applies until the coming into force of section 1 of the 2011 Act.
2
Section 96 of the 2011 Act has effect as if —
a
in subsection (2)(a), which amends section 101(1) of the 1996 Act —
i
paragraph (a) of the inserted definition of “elected local policing body” was omitted;
ii
paragraph (a) of the inserted definition of “local policing body” read —
a
a police authority (in relation to a police area listed in Schedule 1);
;
b
subsection (2)(c) had the effect of omitting only paragraph (b) of the definition of “police authority” in section 101(1) of the 1996 Act;
c
subsection (2)(e) had effect as if it read —
e
in the definition of “police fund” —
i
in paragraph (a), omit “or the metropolitan police force”;
ii
for paragraph (b) substitute —
b
in relation to the metropolitan police force, the fund kept by the Mayor’s Office for Policing and Crime under section 21 of the Police Reform and Social Responsibility Act 2011, and
;
;
d
in subsection (3), the reference to the staff of a police and crime commissioner was omitted from the new subsection (3) inserted in section 101 of the 1996 Act.
3
Section 102(4) of the 2011 Act has effect as if it read —
4
References in this Part to a police force’s civilian staff are (except in the case of the metropolitan police force) references to those employees of the police authority who are under the direction and control of the chief officer of police.
.
4
Notwithstanding the coming into force of paragraph 7 of Schedule 16 to the 2011 Act, section 6(1) to (3) of the 1996 Act continues to have effect.
5
Schedule 2 (which sets out further modifications to some of the provisions of the 2011 Act listed in Schedule 1) has effect.
Nick Herbert
Minister of State
Home Office
14th December 2011


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2011 and shall come into force on 1st April 2011.
2
Regulation 2(1) and (2) shall apply in relation to a person —
a
first diagnosed with mesothelioma on or after 1st April 2011; or
b
where the date of their first diagnosis with mesothelioma is unknown, if a claim is made by that person on or after 1st April 2011.
3
Regulation 2(1) and (3) shall apply in relation to the dependant of a person who dies on or after 1st April 2011.
Amendment of the Schedule to the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008
2
1
The Schedule to the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008 is amended as follows.
2
For Table 1 substitute the following: —
Table 1
Amount of lump sum payment to person with mesothelioma.
Age of person with mesothelioma at diagnosis, or if unknown, at date of claim Payment
£
37 and under 77,506 38 75,999 39 74,495 40 72,991 41 71,485 42 69,980 43 69,229 44 68,472 45 67,723 46 66,971 47 66,217 48 64,113 49 62,007 50 59,896 51 57,791 52 55,680 53 54,177 54 52,673 55 51,171 56 49,660 57 48,156 58 44,245 59 40,330 60 36,422 61 32,507 62 28,594 63 26,184 64 23,776 65 21,372 66 18,963 67 16,555 68 16,065 69 15,574 70 15,088 71 14,600 72 14,110 73 13,695 74 13,272 75 12,865 76 12,456 77 and over 12,040.
3
For Table 2 substitute the following: —
Table 2
Amount of lump sum payment to dependant
Age of person with mesothelioma at death Payment
£
37 and under 40,335 38 39,468 39 38,603 40 37,738 41 36,873 42 36,008 43 35,180 44 34,343 45 33,521 46 32,694 47 31,868 48 30,851 49 29,835 50 28,819 51 27,807 52 26,793 53 25,959 54 25,134 55 24,306 56 23,474 57 22,649 58 20,358 59 18,060 60 15,766 61 13,470 62 11,172 63 10,517 64 9,866 65 9,198 66 8,542 67 and over 7,524.
Signed by authority of the Secretary of State for Work and Pensions.
Freud
Parliamentary Under-Secretary of State,
Department for Work and Pensions
31st March 2011