text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Fostering Services (Amendment) Regulations 2009 and come into force on 1st April 2009.
2
These Regulations apply in relation to England only.
3
In these Regulations, “the FSR ” means the Fostering Services Regulations 2002 .
Amendment of regulation 24 of the FSR – establishment of fostering panel
2
1
Regulation 24 of the FSR is amended as follows.
2
In paragraph (3)(b)(i), after “that individual” insert “or an employee of the agency who is concerned in the management of the agency or, where that is not reasonably practicable, another person (who need not be an employee of the agency) who has experience in the provision of a fostering service”.
3
For paragraph (6), substitute —
6
Subject to paragraphs (6A) and (6B), a fostering panel member —
a
shall hold office for a term not exceeding three years, and
b
may not hold office as a member of the fostering panel of the same fostering service provider for more than three terms without an intervening period.
.
4
After paragraph (6A), insert —
6B
Where the term of office of a panel member has been extended by a further period under paragraph (6A) and the panel member is appointed for a third term of office without an intervening period, that term of office may not exceed a period of three years less a period equal to the further period by which the second term was extended.
6C
For the purposes of paragraphs (6) and (6B), an “intervening period” means an unbroken period of at least three years during all of which time the individual in question was not a member of the fostering panel.
.
Amendment of regulation 26 of the FSR – functions of fostering panel
3
In regulation 26 of the FSR, insert after paragraph (1) —
1A
In considering what recommendation to make under paragraph (1), the fostering panel —
a
must consider and take into account all of the information passed to it in accordance with regulation 27, 28 or 29 as the case may be;
b
may request the fostering service provider to obtain any other relevant information which the fostering panel considers necessary or to provide such other assistance as the fostering panel may request; and
c
may obtain such legal advice or medical advice it considers necessary in relation to the case.
1B
The fostering service provider must obtain such information as the fostering panel considers necessary and send that information to the panel, and provide such other assistance as the fostering panel may request, so far as is reasonably practicable.
.
Substitution of regulations 28 and 29 of the FSR – approval of foster parents
4
For regulations 28 and 29 of the FSR, substitute —
Approval of foster parents
28
1
A fostering service provider shall not approve a person who has been approved as a foster parent by another fostering service provider and whose approval has not been terminated.
2
A fostering service provider shall not approve a person as a foster parent unless —
a
it has completed its assessment of the person’s suitability; and
b
its fostering panel has considered the application.
3
A fostering service provider shall, in deciding whether to approve a person as a foster parent and as to the terms of any approval, take into account the recommendation of its fostering panel.
4
No member of its fostering panel shall take part in any decision made by a fostering service provider under paragraph (3).
5
If a fostering service provider decides to approve a person as a foster parent it shall —
a
give the person notice in writing specifying the terms of the approval, for example, whether it is in respect of a particular named child or children, or number and age range of children, or of placements of any particular kind, or in any particular circumstances; and
b
enter into a written agreement with the person covering the matters specified in Schedule 5 (in these Regulations referred to as the “foster care agreement”).
6
If a fostering service provider considers that a person is not suitable to act as a foster parent it shall, subject to paragraph (7) —
a
give the person written notice that it proposes not to approve the person as suitable to act as a foster parent (a “determination”), together with its reasons and a copy of the fostering panel’s recommendation; and
b
advise the person that within 28 days of the date of the notice the person may —
i
submit any written representations that the person wishes to make to the fostering service provider, or
ii
apply to the Secretary of State for a review by an independent review panel of the determination.
7
Paragraph (6)(b)(ii) does not apply in a case where the fostering service provider considers in accordance with regulation 27(6) that the person is not suitable to act as a foster parent.
8
If within the period referred to in paragraph (6)(b) —
a
the fostering service provider does not receive any representations, and
b
the person does not apply to the Secretary of State for a review by an independent review panel of the determination,
the fostering service provider may proceed to make its decision.
9
If within the period referred to in paragraph (6)(b) the fostering service provider receives any written representations, it shall —
a
refer the case to the fostering panel for further consideration; and
b
make its decision, taking into account any fresh recommendation made by the fostering panel.
10
If within the period referred to in paragraph (6)(b) the person applies to the Secretary of State for a review by an independent review panel of the determination, the fostering service provider shall make its decision taking into account the recommendation of the fostering panel and the recommendation of the independent review panel.
11
As soon as practicable after making the decision referred to in paragraph (8), (9)(b) or (10) (as the case may be), the fostering service provider shall notify the prospective foster parent in writing and —
a
if the decision is to approve the person as a foster parent, comply with paragraph (5) in relation to the person; or
b
if the decision is not to approve the person, provide written reasons for its decision.
12
In a case where an independent review panel has made a recommendation, the fostering service provider shall send to the Secretary of State a copy of the notification referred to in paragraph (11).
Reviews and terminations of approval
29
1
The fostering service provider shall review the approval of each foster parent in accordance with this regulation.
2
A review shall take place not more than a year after approval, and thereafter whenever the fostering service provider considers it necessary, but at intervals of not more than a year.
3
When undertaking a review, the fostering service provider shall —
a
make such enquiries and obtain such information as it considers necessary in order to review whether the foster parent continues to be suitable to act as a foster parent and the foster parent’s household continues to be suitable; and
b
seek and take into account the views of —
i
the foster parent;
ii
(subject to the child’s age and understanding) any child placed with the foster parent; and
iii
any responsible authority which has within the preceding year placed a child with the foster parent.
4
At the conclusion of the review the fostering service provider shall prepare a written report, setting out whether —
a
the foster parent continues to be suitable to act as a foster parent and the foster parent’s household continues to be suitable; and
b
the terms of the foster parent’s approval continue to be appropriate.
5
The fostering service provider shall on the occasion of the first review under this regulation, and may on any subsequent review, refer its report to the fostering panel for consideration.
6
If the fostering service provider decides, taking into account any recommendation made by the fostering panel, that the foster parent and the foster parent’s household continue to be suitable and that the terms of the foster parent’s approval continue to be appropriate, it shall give written notice to the foster parent of its decision.
7
If, taking into account any recommendation made by the fostering panel, the fostering service provider is no longer satisfied that the foster parent and the foster parent’s household continue to be suitable, or that the terms of the approval are appropriate, it shall (subject to paragraph (8)) —
a
give written notice to the foster parent that it proposes to terminate, or (as the case may be) revise the terms of, the foster parent’s approval (a “determination”), together with its reasons and a copy of any recommendation made by the fostering panel, and
b
advise the foster parent that within 28 days of the date of the notice the foster parent may —
i
submit any written representations that the foster parent wishes to make to the fostering service provider, or
ii
apply to the Secretary of State for a review by an independent review panel of the determination.
8
Paragraph (7)(b)(ii) does not apply in a case where, in accordance with regulation 27(6), the fostering service provider is no longer satisfied that the foster parent and the foster parent’s household continue to be suitable, or that the terms of the approval are appropriate.
9
If within the period referred to in paragraph (7)(b) —
a
the fostering service provider does not receive any representations, and
b
the foster parent does not apply to the Secretary of State for a review by an independent review panel of the determination,
the fostering service provider may proceed to make its decision.
10
If within the period referred to in paragraph (7)(b) the fostering service provider receives any written representations, it shall —
a
refer the case to the fostering panel for its consideration; and
b
make its decision, taking into account any recommendation made by the fostering panel.
11
If the foster parent applies within the period referred to in paragraph (7)(b) to the Secretary of State for a review by an independent review panel of the determination, the fostering service provider shall make its decision taking into account any recommendation made by its fostering panel and the recommendation of the independent review panel.
12
As soon as practicable after making the decision referred to in paragraph (9), (10)(b) or (11), the fostering service provider shall give written notice to the foster parent stating (as the case may be) —
a
that the foster parent and the foster parent’s household continue to be suitable, and that the terms of the approval continue to be appropriate;
b
that the foster parent’s approval is terminated from a specified date, and the reasons for the termination; or
c
the revised terms of the approval and the reasons for the revision.
13
A foster parent may give notice in writing to the fostering service provider at any time that the foster parent no longer wishes to act as a foster parent, whereupon the foster parent’s approval is terminated with effect from 28 days from the date on which the notice is received by the fostering service provider.
14
A copy of any notice given under this regulation shall be sent to the responsible authority for any child placed with the foster parent (unless the responsible authority is also the fostering service provider), and the area authority.
15
In a case where an independent review panel has made a recommendation, the fostering service provider shall send to the Secretary of State a copy of the notification referred to in paragraph (12).
.
Amendment of the FSR – duty to send information to the Secretary of State
5
After regulation 29 of the FSR, insert —
Information to be sent to the independent review panel
29A
1
This regulation applies where the fostering service provider receives notification from the Secretary of State that a person has applied for a review by an independent review panel of a determination.
2
The fostering service provider must, within 10 working days of receipt of the notification referred to in paragraph (1), send to the Secretary of State the documents and information specified in paragraph (3).
3
The following documents and information are specified for the purposes of paragraph (2) —
a
a copy of any report prepared, and of any other documents referred to the fostering panel, for the purposes of regulation 27, 28 or 29 as the case may be;
b
any relevant information in relation to the person which was obtained by the fostering service provider after the date on which the report was prepared or the documents referred to the fostering panel; and
c
a copy of the notice and of any other documents sent in accordance with regulation 28(6)(a) or 29(7)(a).
.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
27th February 2009


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Education (National Curriculum) (Key Stages 2 and 3 Assessment Arrangements) (England) (Amendment) Order 2009 and comes into force on 1st September 2009.
Amendment of the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003
2
1
The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003 is amended as follows.
2
In article 5 (NC test assessment) —
a
in paragraph (2), at the beginning insert “Subject to paragraphs (2A) and (2B),”;
b
after paragraph (2) insert —
2A
This article does not apply to a pupil in respect of mathematics if the pupil’s school has been exempted for the purposes of this article.
2B
This article applies to a pupil in respect of science only if the pupil’s school has been designated for the purposes of this article
;
c
in paragraph (4) omit “in all the core subjects”;
d
after paragraph (5) insert —
6
A school may be exempted for the purposes of this article only if alternative arrangements have been or are to be made by the Secretary of State for the purpose of assessing the level of attainment which its pupils have achieved in mathematics.
.
3
Renumber article 11 (supplementary powers of the Secretary of State) as paragraph (1) of that article.
4
In article 11 —
a
for the words from “provisions as to” to the end substitute —
—
a
provisions as to NC tests for the purpose mentioned in the definition of such tests in article 3(1);
b
provisions as to the time when and the manner in which NC tests are to be administered;
c
provisions exempting or designating schools for the purposes of article 5.
;
b
at the end insert —
2
Any provisions made under this article are to be published by the Authority.
.
Amendment of the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 2003
3
1
The Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 2003 is amended as follows.
2
Renumber article 12 (supplementary powers of the Secretary of State) as paragraph (1) of that article.
3
In article 12, at the end insert —
2
Any provisions made under this article are to be published by the Authority.
.
Vernon Coaker
Minister of State
Department for Children, Schools and Families
28th June 2009


text:
PART 1 GENERAL PROVISIONS
Citation, commencement and extent
1
1
These regulations may be cited as the Flood Risk Regulations 2009.
2
They come into force on 10th December 2009.
3
A duty imposed under these regulations to prepare or publish a document may be satisfied by having prepared or published a document before these regulations came into force.
4
Subject to paragraph (5) these regulations extend to England and Wales only.
5
This regulation and regulation 37 also extend to Scotland.
“Flood”
2
1
“Flood” includes any case where land not normally covered by water becomes covered by water.
2
It does not matter for the purpose of paragraph (1) whether a flood is caused by —
a
heavy rainfall,
b
a river overflowing or its banks being breached,
c
a dam overflowing or being breached,
d
tidal waters, or
e
any other event (or combination of events).
3
But “flood” does not include —
a
a flood from any part of a sewerage system, unless wholly or partly caused by an increase in the volume of rainwater (including snow and other precipitation) entering or otherwise affecting the system, or
b
a flood caused by a burst water main (within the meaning given by section 219 of the Water Industry Act 1991 ).
“Risk”
3
“Risk” means a risk in respect of an occurrence assessed and expressed (as for scientific and insurance purposes) as a combination of the probability of the occurrence with its potential consequences.
“Main river” and “reservoir”
4
1
“Main river” has the meaning given by section 113 of the Water Resources Act 1991 .
2
“Reservoir” has the meaning given by the Reservoirs Act 1975 .
“River basin district”
5
“River basin district” has the meaning given by regulation 2 of the Water Environment Regulations .
“Minister”
6
1
“The Minister” means —
a
the Secretary of State in relation to England, and
b
the Welsh Ministers in relation to Wales.
2
For the purposes of anything done in relation to a river basin district which includes land in England and land in Wales, a reference to the Minister is a reference to the Secretary of State and the Welsh Ministers acting jointly.
“Lead local flood authority”
7
1
“Lead local flood authority” in relation to an area in England means —
a
the unitary authority for the area, or
b
if there is no unitary authority, the county council for the area.
2
“Unitary authority” means —
a
the council of a county for which there are no district councils;
b
the council of a district in an area for which there is no county council;
c
the council of a London borough;
d
the Common Council of the City of London;
e
the Council of the Isles of Scilly.
3
“Lead local flood authority” in relation to an area in Wales means —
a
the county council for the area;
b
the county borough council for the area.
“Water Environment Regulations”
8
“Water Environment Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 .
PART 2 PRELIMINARY FLOOD RISK ASSESSMENTS
Duty to prepare preliminary assessment maps and reports: Environment Agency
9
1
The Environment Agency must prepare in relation to each river basin district —
a
a preliminary assessment map, and
b
a preliminary assessment report in relation to flooding from —
i
the sea,
ii
main rivers, and
iii
reservoirs.
2
This regulation is subject to regulations 31 and 32.
Duty to prepare preliminary assessment reports: lead local flood authorities
10
1
A lead local flood authority must prepare a preliminary assessment report in relation to flooding in its area.
2
A lead local authority is not required to include in its report information about flooding from a source mentioned in regulation 9(1)(b) unless the authority thinks that it may affect flooding from another source.
3
The Environment Agency —
a
must review a preliminary assessment report prepared under this regulation, and
b
may recommend modifications.
4
Following a review, a lead local flood authority may revise its preliminary assessment report.
5
The Agency’s power to require information under regulation 36 includes power to require a lead local flood authority to provide a preliminary assessment report by a specified date.
6
This regulation is subject to regulations 33 and 34.
Preliminary assessment maps
11
1
A preliminary assessment map is a map of the river basin district showing —
a
the borders of each river basin and each river sub-basin in the area,
b
any areas of coastline,
c
topography, and
d
the purposes for which the land in the area is used.
2
The map must be based on all of the following —
a
relevant information which is in the possession of the Environment Agency;
b
relevant information which is in the possession of an authority listed in regulation 36(3);
c
relevant information which is available to the public.
Preliminary assessment reports
12
1
A preliminary assessment report is a report about —
a
past floods, and
b
the possible harmful consequences of future floods.
2
The report must be based on all of the following —
a
relevant information which is in the possession of the person preparing the report;
b
relevant information which is in the possession of the Environment Agency;
c
relevant information which is in the possession of an authority listed in regulation 36(3);
d
relevant information which is available to the public.
3
The floods to be included under paragraph (1)(a) are those —
a
which had significant harmful consequences for —
i
human health,
ii
economic activity, or
iii
the environment (including cultural heritage), or
b
which would have significant harmful consequences for those matters if they were to occur now.
4
But the report may ignore past floods of a kind that are not likely to occur now.
5
The report must include —
a
any information that the person making the report has about the extent and the conveyance route of past floods, and
b
an assessment of the harmful consequences of past floods.
6
The assessment of possible consequences of future floods for the purposes of paragraph (1)(b) must take account of —
a
topography,
b
the location of watercourses,
c
the location of flood plains that retain flood water,
d
the characteristics of watercourses,
e
the effectiveness of any works constructed for the purpose of flood risk management,
f
the location of populated areas,
g
the areas in which economic activity is concentrated, and
h
the current and predicted impact of climate change and any other long term developments.
7
A lead local flood authority must have regard to any guidance issued by the Environment Agency about the form of a preliminary assessment report.
Duty to identify flood risk areas: Environment Agency
13
1
The Environment Agency must —
a
determine in relation to each river basin district whether, in its opinion, there is a significant flood risk from —
i
the sea,
ii
main rivers, and
iii
reservoirs, and
b
identify the part of the river basin district affected by that risk (the “flood risk area”).
2
The Agency may have regard to any guidance issued by the Minister about the criteria for assessing whether a risk of flooding is significant.
3
This regulation is subject to regulation 32.
Duty to identify flood risk areas: lead local flood authorities
14
1
A lead local flood authority must —
a
determine whether, in its opinion, there is a significant flood risk in its area, and
b
identify the part of the area affected by the risk (the “flood risk area”).
2
In making a determination under paragraph (1)(a), a lead local authority is not required to take into account flooding from a source mentioned in regulation 13(1)(a) unless the authority thinks that it may affect flooding from another source.
3
The authority may have regard to any guidance issued by the Minister about the criteria for assessing whether a risk of flooding is significant.
4
The Environment Agency —
a
must review the determination and identification of flood risk areas under paragraph (1), and
b
may recommend that the lead local flood authority identifies —
i
a different flood risk area,
ii
an additional flood risk area, or
iii
no flood risk area.
5
If the lead local flood authority disagrees with a recommendation of the Agency, the matter must be referred to the Minister.
6
On a referral the Minister must determine the flood risk area (if any) for which the lead local authority must prepare a flood hazard map and a flood risk map under regulation 19.
7
In making a determination under paragraph (6) the Minister must have regard to the cumulative effect of the risk of flooding identified by the Agency and the lead local flood authority.
8
The Agency’s power to require information under regulation 36 includes power to require a lead local authority to notify the Agency of its determination and identification of a flood risk area by a specified date.
9
This regulation is subject to regulation 34.
Publication
15
1
The Environment Agency must publish —
a
the preliminary assessment maps for each river basin district, and
b
the preliminary assessment reports prepared by the Agency and by the lead local flood authorities for each river basin district.
2
The first preliminary assessment maps and the first preliminary assessment reports for each river basin district must be published before 22nd December 2011.
Review: Environment Agency
16
1
The Environment Agency must review —
a
the preliminary assessment maps and the preliminary assessment reports prepared by it under regulation 9, and
b
its determination and identification of flood risk areas under regulation 13.
2
Following a review, the Environment Agency may prepare a revised preliminary assessment map or report.
3
The first review must be completed before 22nd December 2017.
4
Subsequent reviews must be carried out at intervals of no more than 6 years.
Review: lead local flood authorities
17
1
A lead local flood authority must review —
a
the preliminary assessment report prepared by it under regulation 10, and
b
its determination and identification of flood risk areas under regulation 14.
2
Following a review, a lead local authority may prepare a revised preliminary assessment report.
3
The first review must be completed before 22nd June 2017.
4
Subsequent reviews must be carried out at intervals of no more than 6 years.
5
Regulation 10 applies in relation to a review of a preliminary assessment report as it applies to the first report.
6
Regulation 14 applies in relation to a review of a determination and identification of flood risk areas as it applies in relation to the first determination or identification of flood risk areas.
PART 3 FLOOD HAZARD MAPS AND FLOOD RISK MAPS
Duty to prepare flood hazard maps and flood risk maps: Environment Agency
18
The Environment Agency must prepare in relation to each flood risk area identified by it under regulation 13 —
a
a flood hazard map relating to the risk of flooding from —
i
the sea,
ii
main rivers, and
iii
reservoirs, and
b
a flood risk map.
Duty to prepare flood hazard maps and flood risk maps: lead local flood authorities
19
1
A lead local flood authority must prepare in relation to each relevant flood risk area —
a
a flood hazard map, and
b
a flood risk map.
2
“Relevant flood risk area” means —
a
the flood risk area identified by the lead local flood authority under regulation 14(1), or
b
if a referral is made to the Minister, the flood risk area determined by the Minister under regulation 14(6).
3
A lead local authority is not required to include in the maps that it prepares information about flooding from a source mentioned in regulation 18(1)(a) unless the authority thinks that it may affect flooding from another source.
4
The Environment Agency —
a
must review flood hazard maps and flood risk maps prepared under this regulation, and
b
may recommend modifications.
5
Following a review, a lead local flood authority may revise its flood hazard map or flood risk map.
6
The Agency’s power to require information under regulation 36 includes power to require a lead local flood authority to provide a flood hazard map or a flood risk map by a specified date.
Flood hazard maps
20
1
A flood hazard map is a map which identifies flood risk areas and shows —
a
the likely extent (including water level or depth) of possible floods,
b
the likely direction and speed of flow of possible floods, and
c
whether the probability of each possible flood occurring is low, medium or high (in the opinion of the person preparing the map).
2
The floods to be included are those for which a significant flood risk has been identified under regulation 13 or 14.
3
But the following may be ignored —
a
a medium or high probability flood caused only by groundwater,
b
a medium or high probability flood which would affect only an area of coastline that, in the opinion of the person preparing the map, is adequately protected against flooding.
4
In paragraph (3) “groundwater” means water which is below the surface of the ground and in direct contact with the ground or subsoil.
5
For the purposes of this regulation —
a
the probability of a flood occurring is low if the chances of it occurring in any 12 month period are 0.1% or less,
b
the probability of a flood occurring is medium if the chances of it occurring in any 12 month period are more than 0.1% but not more than 1%, and
c
the probability of a flood occurring is high if the chances of it occurring in any 12 month period are more than 1%.
6
The information included in a flood hazard map must not be inconsistent with the information included in the river basin management plan for the district.
7
In this regulation and regulation 21 “river basin management plan” means a river basin management plan prepared under regulation 11 of the Water Environment Regulations.
8
A lead local flood authority must have regard to any guidance issued by the Environment Agency about the form of flood hazard maps.
Flood risk maps
21
1
A flood risk map is a map showing in relation to each flood risk —
a
the number of people living in the area who are likely to be affected in the event of flooding,
b
the type of economic activity likely to be affected in the event of flooding,
c
any industrial activities in the area that may increase the risk of pollution in the event of flooding,
d
any relevant protected areas that may be affected in the event of flooding,
e
any areas of water subject to specified measures or protection for the purpose of maintaining the water quality that may be affected in the event of flooding, and
f
any other effect on —
i
human health,
ii
economic activity, or
iii
the environment (including cultural heritage).
2
“Relevant protected area” means an area —
a
that is a protected area within regulation 8(2)(a) or (b)(ii) or (iv) of the Water Environment Regulations, and
b
that is registered under regulation 8(1) of those regulations.
3
The information included in a flood risk map must not be inconsistent with the information included in the river basin management plan for the district.
4
A lead local flood authority must have regard to any guidance issued by the Environment Agency about the form of flood risk maps.
Publication
22
1
The Environment Agency must publish the flood hazard maps and flood risk maps prepared by the Agency and the lead local flood authorities for each river basin district.
2
The first flood hazard maps and the first flood risk maps for each river basin district must be published before 22nd December 2013.
Review: Environment Agency
23
1
The Environment Agency must review each flood hazard map and each flood risk map prepared by it under regulation 18.
2
Following a review, the Agency may prepare —
a
a revised flood hazard map;
b
a revised flood risk map.
3
The first review must be completed before 22nd December 2019.
4
Subsequent reviews must be carried out at intervals of no more than 6 years.
5
The Agency must, so far as is reasonably practicable, co-ordinate a review under this regulation with a review of a river basin district under regulation 5(2) of the Water Environment Regulations.
Review: lead local flood authorities
24
1
A lead local flood authority must review each flood hazard map and each flood risk map prepared by it under regulation 19.
2
Following a review, a lead local flood authority may prepare —
a
a revised flood hazard map;
b
a revised flood risk map.
3
The first review must be completed before 22nd June 2019.
4
Subsequent reviews must be carried out at intervals of no more than 6 years.
5
Regulation 19 applies in relation to a review of a flood hazard and flood risk map as it applies to the first such map.
PART 4 FLOOD RISK MANAGEMENT PLANS
Duty to prepare flood risk management plans: Environment Agency
25
The Environment Agency must prepare a flood risk management plan in relation to each flood risk area identified by it under regulation 13.
Duty to prepare flood risk management plans: lead local flood authorities
26
1
A lead local flood authority must prepare a flood risk management plan in relation to each relevant flood risk area.
2
“Relevant flood risk area” means —
a
the flood risk area identified by the lead local flood authority under regulation 14(1), or
b
if a referral is made to the Minister, the flood risk area determined by the Minister under regulation 14(6).
3
The Environment Agency —
a
must review a flood risk management plan prepared under this regulation, and
b
may recommend modifications.
4
Following a review, a lead local flood authority may revise its flood risk management plan.
5
The Agency’s power to require information under regulation 36 includes power to require a lead local flood authority to provide a flood risk management plan by a specified date.
Flood risk management plans
27
1
A flood risk management plan is a plan for the management of a significant flood risk.
2
The plan must include details of —
a
objectives set by the person preparing the plan for the purpose of managing the flood risk, and
b
the proposed measures for achieving those objectives (including measures required by any provision of an Act or subordinate legislation).
3
In setting the objectives, the person preparing the plan must have regard to the desirability of —
a
reducing the adverse consequences of flooding for —
i
human health,
ii
economic activity, or
iii
the environment (including cultural heritage), and
b
reducing the likelihood of flooding, whether by exercising powers to carry out structural work or otherwise.
4
The measures must, in particular, include measures relating to —
a
the prevention of flooding,
b
the protection of individuals, communities and the environment against the consequences of flooding, and
c
arrangements for forecasting and warning.
5
In determining the proposed measures for achieving the objectives, the person preparing the plan must have regard to —
a
the costs and benefits of different methods of managing the flood risk,
b
the information included in the flood hazard map and the flood risk map,
c
the river basin management plan for the area,
d
the effect of floodplains that retain flood water,
e
the environmental objectives, within the meaning of regulation 2 of the Water Environment Regulations, and
f
the likely effect of a flood, and of different methods of managing a flood, on the local area and the environment.
6
A flood risk management plan must include —
a
a map showing the boundaries of the flood risk area,
b
a summary of the conclusions drawn from the flood hazard maps and flood risk maps for the area,
c
a description of the proposed timing and manner of implementing the measures mentioned in paragraph (2)(b), including details of the bodies responsible for implementation,
d
a description of the way in which implementation of those measures will be monitored,
e
a report of the consultation under paragraph (7), and
f
where the person preparing the report thinks it appropriate, information about how the implementation of measures under the flood risk management plan and the river basin management plan for the area will be co-ordinated.
7
The Environment Agency and each lead local flood authority must consult the following about the proposed content of a flood risk management plan —
a
authorities listed in regulation 36(3) that may be affected by the plan, and
b
the public.
8
A lead local flood authority must have regard to any guidance issued by the Environment Agency about the form of flood risk management plans.
9
In this regulation “river basin management plan” means a river basin management plan prepared under regulation 11 of the Water Environment Regulations.
Publication
28
1
The Environment Agency must publish the flood risk management plans prepared by the Agency and by the lead local flood authorities for each river basin district.
2
The first flood risk management plans for each river basin district must be published before 22nd December 2015.
Review: Environment Agency
29
1
The Environment Agency must review each flood risk management plan prepared by it under regulation 25.
2
The first review must be completed before 22nd December 2021.
3
Subsequent reviews must be carried out at intervals of no more than 6 years.
4
Following a review, the Agency must prepare a revised flood risk management plan.
5
The revised flood risk management plan must —
a
take account of the likely impact of climate change on the occurrence of floods,
b
include an assessment of the progress made towards implementing the measures under regulation 27(2)(b), and
c
if any measures proposed in the previous flood risk management plan have not been implemented, include a statement of the reasons why those measures have not been implemented.
Review: lead local flood authorities
30
1
A lead local flood authority must review a flood risk management plan prepared by it under regulation 26.
2
The first review must be completed before 22nd June 2021.
3
Subsequent reviews must be carried out at intervals of no more than 6 years.
4
Following a review, the lead local flood authority must prepare a revised flood risk management plan.
5
The revised flood risk management plan must —
a
take account of the likely impact of climate change on the occurrence of floods,
b
include an assessment of the progress made towards implementing the measures under regulation 27(2)(b), and
c
if any measures proposed in the previous flood risk management plan have not been implemented, include a statement of the reasons why those measures have not been implemented.
6
Regulation 26 applies in relation to a review of a flood risk management plan as it applies to the first such plan.
PART 5 EXCEPTIONS
Preliminary flood risk assessments: Environment Agency
31
1
Regulation 9(1)(b) does not apply to the Environment Agency in relation to a river basin district if before 22nd December 2010 —
a
the Agency carries out an assessment (whether or not the assessment complies with the requirements of Part 2) of the flood risk in the district from —
i
the sea,
ii
main rivers, and
iii
reservoirs, and
b
having regard to that assessment, the Agency considers that there is a significant flood risk in the district.
2
Where paragraph (1) applies —
a
the Agency must prepare a preliminary assessment report for the river basin district before 22nd December 2017,
b
the first review of the preliminary assessment report must be carried out no more than 6 years after the date on which the documents are published, and
c
regulations 15(2) and 16(3) do not apply in relation to the first preliminary assessment report to be prepared by the Agency for the relevant river basin district.
3
This regulation ceases to apply in relation to a river basin district on completion of the first review of the preliminary assessment map prepared by the Agency for the area.
Part 2: Environment Agency
32
1
Regulations 9(1)(b), 13 and 16 do not apply to the Environment Agency in relation to a river basin district if the Environment Agency determines before 22nd December 2010 that it will prepare a flood hazard map, a flood risk map and a flood risk management plan for the whole of the river basin district.
2
Where paragraph (1) applies, these regulations have effect with the following modifications —
a
the reference in regulation 18 to each flood risk area identified by the Agency is a reference to the river basin district,
b
the reference in regulation 20(1) to flood risk areas is a reference to the river basin district,
c
regulation 20(2) is omitted, and
d
the reference in regulation 25 to each flood risk area identified by the Agency is a reference to the river basin district.
3
Where paragraph (1) applies, the Environment Agency must review the decision whether —
a
to prepare a new flood hazard map, flood risk map and flood risk management plan for the river basin district, or
b
to prepare a preliminary assessment report for the district in accordance with Part 2 of these regulations.
4
The first review must be completed before 22nd December 2017.
5
Subsequent reviews must be carried out at intervals of no more than 6 years.
6
Where the Agency prepares a preliminary assessment map and report following a review under this regulation —
a
Part 2 (apart from regulations 15(2) and 16(3) insofar as they relate to the report to be prepared by the Agency) shall apply to the Agency in relation to the district (and this regulation shall cease to apply), and
b
the first review of the preliminary assessment map and report under regulation 15 must be carried out no more than 6 years after the date on which the documents are published.
Preliminary flood risk assessment: lead local flood authorities
33
1
Regulation 10 does not apply to a lead local flood authority if before 22nd December 2010 —
a
the authority carries out an assessment (whether or not the assessment complies with the requirements of Part 2) of the flood risk in its area, and
b
having regard to that assessment, the authority considers that there is a significant flood risk in the area.
2
Where paragraph (1) applies —
a
the authority must prepare a preliminary assessment report for its area before 22nd June 2017,
b
the first review of the preliminary assessment report must be carried out no more than 6 years after the date on which the report is published, and
c
regulations 15(2) and 17(3) do not apply in relation to the first report prepared by the authority.
3
This regulation ceases to apply in relation to a lead local flood authority on completion of the first review of the preliminary assessment report prepared by the authority.
Part 2: lead local flood authorities
34
1
Part 2 does not apply to a lead local flood authority if the authority determines before 22nd December 2010 that it will prepare a flood hazard map, a flood risk map and a flood risk management plan for the whole of its area.
2
Where paragraph (1) applies, these regulations have effect with the following modifications —
a
the reference in regulation 19(1) to a relevant flood risk area is a reference to the authority’s area,
b
the reference in regulation 20(1) to flood risk areas is a reference to the authority’s area,
c
regulation 20(2) is omitted, and
d
the reference in regulation 26(1) to a relevant flood risk area is a reference to the authority’s area.
3
Where paragraph (1) applies, the authority must review the decision whether —
a
to prepare a new flood hazard map, flood risk map and flood risk management plan for the whole of its area, or
b
to prepare a preliminary assessment report in accordance with Part 2 of these regulations.
4
The first review must be completed before 22nd June 2017.
5
Subsequent reviews must be carried out at intervals of no more than 6 years.
6
If the authority prepares a preliminary assessment report following a review under this regulation —
a
Part 2, apart from regulations 15(2) and 17(3), shall apply in relation to the lead local flood authority (and this regulation shall cease to apply),
b
the first review of the preliminary assessment report under regulation 17 must be carried out no more than 6 years after the date on which the report is published.
PART 6 CO-OPERATION
Duty to co-operate
35
1
A relevant authority must co-operate with any other relevant authority which is exercising any function under these regulations.
2
The following are “relevant authorities” —
a
the Environment Agency, and
b
each lead local flood authority.
Power to require information
36
1
An authority listed in paragraph (3) must comply with any request of the Environment Agency to provide information which the Agency reasonably requires in connection with its functions under these regulations.
2
The Environment Agency and an authority listed in paragraph (3) must comply with a request of a lead local flood authority to provide information reasonably required in connection with the lead local flood authority’s functions under these regulations.
3
The authorities are —
a
a lead local flood authority,
b
a district council for an area for which there is no unitary authority,
c
an internal drainage board (within the meaning given by section 1 of the Land Drainage Act 1991 ),
d
a highway authority (within the meaning given by section 1 of the Highways Act 1980( ),
e
a company which holds an appointment under Chapter 1 of Part 2 of the Water Industry Act 1991 or a licence under Chapter 1A of Part 2 of that Act,
f
a reservoir undertaker (within the meaning given by section 1 of the Reservoirs Act 1975 ),
g
a navigation authority (within the meaning given by section 219 of the Water Industry Act 1991,
h
a harbour authority (within the meaning given by section 313 of the Merchant Shipping Act 1995 ),
i
Natural England,
j
the Historic Building and Monuments Commission for England,
k
the Countryside Council for Wales, and
l
the Welsh Ministers.
4
The information must be provided —
a
in the form or manner specified in the request, and
b
within the period specified in the request.
PART 7 NORTHUMBRIA AND SOLWAY TWEED RIVER BASIN DISTRICTS
Northumbria River Basin District
37
1
These regulations apply in relation to the Northumbria River Basin District, including the part of the district that is in Scotland.
2
Before exercising any function under these regulations in relation to the Northumbria River Basin District, a relevant authority must consult the Scottish Environment Protection Agency.
3
The following are “relevant authorities” —
a
the Environment Agency, and
b
each lead local flood authority.
4
“Northumbria River Basin District” has the meaning given by regulation 2 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 .
Solway Tweed River Basin District
38
1
In relation to the Solway Tweed River Basin District, these regulations apply only to the part of that district that is in England.
2
“Solway Tweed River Basin District” has the meaning given by regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 .
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
13th November 2009


text:
Citation and commencement
1
These Regulations may be cited as the Armed Forces (Forfeiture of Service) (No.2) Regulations 2009 and shall come into force on 31st October 2009.
Interpretation
2
In these Regulations —
“the 2006 Act ” means the Armed Forces Act 2006;
“enlisted person” means a member of the regular forces of or below the rank or rate of warrant officer.
Determination that a trial may be dispensed with
3
1
This regulation applies where —
a
during an interview conducted in accordance with the Service Police Code of Practice for the Treatment and Questioning of Persons by the Service Police , a member of the regular forces (“the deserter”) has made a confession to a service policeman that he is guilty of an offence under section 8 of the 2006 Act;
b
the confession is in writing, and is signed and dated by the deserter; and
c
the confession includes a statement of —
i
the period during which the deserter admits having been in desertion; and
ii
whether, at any time during that period, he intended to avoid a period of active service.
2
Subject to paragraph (3), the deserter’s commanding officer may make a determination that a trial may be dispensed with in the deserter’s case.
3
If —
a
the confession includes a statement that the deserter intended, at any time during the period when he was in desertion, to avoid a period of active service, or
b
the circumstances are such as would indicate to a reasonable person that the deserter may have so intended,
the commanding officer may not make a determination under paragraph (2) without the consent of the Director of Service Prosecutions.
4
A commanding officer who makes a determination under paragraph (2) shall as soon as is practicable inform the deserter, or cause him to be informed, of —
a
the determination;
b
any direction given by the commanding officer under regulation 4(3); and
c
the effect, if any, of regulation 4 (including that of any direction under regulation 4(3)) in relation to the deserter.
5
In this regulation “active service” has the same meaning as in section 8 of the 2006 Act.
Forfeiture of service
4
1
Subject to paragraph (5), this regulation applies where —
a
a commanding officer makes a determination under regulation 3(2) in relation to an enlisted person; or
b
an enlisted person is convicted of an offence under section 8 of the 2006 Act.
2
Subject to paragraph (3), the relevant period of service shall be forfeited.
3
Where this regulation applies by virtue of paragraph (1)(a), the commanding officer may direct —
a
that no service shall be forfeited, or
b
that a specified part of the relevant period of service shall be forfeited,
and if such a direction is given paragraph (2) shall not apply.
4
Where a period of service is forfeited under paragraph (2) or (3)(b), these Regulations and regulations made under sections 329 and 331 of the 2006 Act shall apply in relation to the deserter, and he shall be liable to serve, as if he had on the appropriate date been enlisted for the term for which he was serving on the relevant date, including any entitlement to be transferred to a reserve force after a particular period of service and any liability to serve in a reserve force.
5
Where this regulation applies by virtue of paragraph (1)(a), in this regulation —
“the deserter” means the person in relation to whom the determination under regulation 3(2) is made;
“the relevant period of service” means the period during which the deserter admitted having been in desertion;
“the relevant date” means the date of the determination; and
“the appropriate date” means a date earlier than the relevant date by the length of the deserter’s service which is not forfeited.
6
Where this regulation applies by virtue of paragraph (1)(b), in this regulation —
“the deserter” means the person convicted of the offence under section 8 of the 2006 Act;
“the relevant period of service” means —
if the court states when announcing sentence that the deserter is found to have been in desertion only for a specified part of the period during which he was alleged in the charge sheet to have been in desertion, that part of that period;
otherwise, the period during which he was alleged in the charge sheet to have been in desertion;
“the relevant date” means the date of the conviction; and
“the appropriate date” means a date earlier than the relevant date by the length of the deserter’s service which is not forfeited.
7
This regulation shall not have the effect of enabling the deserter to exercise any right conferred by regulations made under section 329 of the 2006 Act at a time earlier than that at which he could otherwise have exercised that right.
8
This regulation does not apply in relation to a person who deserted at a time when he had, by virtue of regulations made under section 329 of the 2006 Act, continued in service after the expiry of the term for which he was enlisted.
Restoration of forfeited service
5
1
Where a period of service has been forfeited under regulation 4(2) or (3)(b), the Defence Council may make a determination restoring the whole or part of that period on any ground they see fit.
2
Where the Defence Council make a determination restoring the whole of the period forfeited, regulation 4 shall cease to apply.
3
Where the Defence Council make a determination restoring part of the period forfeited, regulation 4 shall have effect as if the period forfeited were that part of the period forfeited which is not restored.
Transitional provisions
6
The Schedule shall have effect.
Revocation of the Armed Forces (Forfeiture of Service) Regulations 2009
7
The Armed Forces (Forfeiture of Service) Regulations 2009 are revoked.
Kevan Jones
Bill Jeffrey
Members of the Defence Council
Ministry of Defence
28th April 2009


text:
This Order may be cited as the General Osteopathic Council (Registration of Osteopaths with United Kingdom Qualifications that are not Recognised Qualifications) Rules Order of Council 2009 and shall come into force on 10th August 2009.
Judith Simpson
Clerk of the Privy Council


text:
1
This Order may be cited as the A421 Trunk Road (A421/A600 Junction Westbound On Slip Road) Detrunking Order 2009 and shall come into force on 18th December 2009.
2
In this Order —
a
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
b
“the trunk road” means the A421 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Secretary of State notifies Bedford Borough Council that they will become responsible for that length of road.
Signed by authority of the Secretary of State for Transport
G Drake
A Divisional Director in the Highways Agency
6th October 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Violent Crime Reduction Act 2006 (Drinking Banning Orders) (Approved Courses) Regulations 2009.
2
These Regulations shall come into force on 31st August 2009.
Interpretation
2
In these Regulations —
“ 2006 Act ” means the Violent Crime Reduction Act 2006;
“course” means a course for the purposes of section 2 of the 2006 Act;
“course provider” means a person who provides a course for the purposes of section 2 of the 2006 Act.
Applications for approval
3
An application for the approval of a course may only be made in response to an invitation to tender issued for that purpose by the Secretary of State and must be received by the Secretary of State before the end of 28 days beginning with the first day after the issuing of the invitation to tender.
Course fees
4
A course provider may not require a person to pay more than £250 or less than £120 for a course.
Monitoring of courses
5
A course provider shall permit the Secretary of State or any other person authorised by the Secretary of State to visit any premises which are used by a course provider in connection with the provision of a course at any reasonable time.
6
A course provider shall comply with any reasonable request by the Secretary of State to submit information within a reasonable period to the Secretary of State in connection with the course provided by that course provider.
7
1
A course provider shall record the information specified in paragraph (6).
2
A course provider shall submit to the Secretary of State, in respect of each 12 month period, the information specified in paragraph (6)(b) to (n) that is recorded during that 12 month period.
3
Subject to paragraph (7), a course provider shall submit to the Secretary of State, in respect of each 3 month period, the information specified in paragraph (6)(b) to (n) that is recorded during that 3 month period.
4
The first 3 month period and the first 12 month period shall begin on the day that the Secretary of State grants an approval in respect of the course provided by the course provider.
5
The information referred to in paragraphs (2) and (3) shall be submitted no later than the end of 28 days beginning on the first day after the end of each 3 month period or each 12 month period as the case may be.
6
The course provider shall record the following information in relation to every subject of a drinking banning order in which the course provider’s course is specified, to the extent the information is applicable to that subject —
a
name;
b
date of birth;
c
identification number assigned by the course provider to the subject of the drinking banning order;
d
gender;
e
the date on which the drinking banning order was made;
f
the date on which the course provider first contacted the subject of the drinking banning order;
g
the reason for refusing to attend a course;
h
the date the notice of non-completion was sent to applicant;
i
the date on which the course began;
j
the number of hours of the course that involved individual sessions;
k
the number of hours of the course that involved group sessions;
l
the date the course was completed;
m
the date the certificate of completion was sent to the proper officer of the court that made the order;
n
the date the certificate of completion was sent to the subject of the drinking banning order.
7
Where the Secretary of State requests on reasonable notice that certain categories of information specified in paragraph (6)(b) to (n) are provided instead of all the information required by paragraph (3), the course provider shall provide those categories of information instead of all such information.
8
The information referred to in paragraph (2) shall be accompanied by a report prepared by the course provider in which the course is evaluated.
Withdrawal of approvals
8
1
An approval of a course may be withdrawn by the Secretary of State by giving notice in writing to the course provider and such withdrawal shall have effect in accordance with the notice.
2
The Secretary of State may withdraw an approval of a course with immediate effect or at different times for different purposes.
3
The Secretary of State may suspend an approval before taking the decision whether or not to withdraw it; and any such suspension —
a
shall be made by giving notice in writing to the course provider; and
b
shall have effect in accordance with the notice.
Information on courses and course providers
9
The Secretary of State may publish and make available on request information regarding courses and course providers.
Certificates of completion
10
A certificate of completion issued by a course provider under section 13 of the 2006 Act must be in the form specified in Schedule 1.
Notice of non completion
11
1
A notice of a decision under section 13(4) of the 2006 Act must be in the form specified in Schedule 2.
2
Such a notice must —
a
be given to the subject of the drinking banning order in person; or
b
be sent by post to the last known address of that person, in which case it shall be deemed to have been given to that person on the second working day after the date on which it is sent.
Alan Campbell
Parliamentary Under-Secretary of State
Home Office
8th July 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Government (Structural Changes) (Further Financial Provisions and Amendment) Regulations 2009 and shall come into force on 29th January 2009.
2
These Regulations, which are of general application, do not affect —
a
any provision included in other regulations under Chapter 1 of Part 1 of the Local Government and Public Involvement in Health Act 2007 (structural and boundary change); or
b
any matter for which provision is made in an agreement under section 16 of the Local Government and Public Involvement in Health Act 2007 (agreements about incidental matters).
Interpretation
2
1
In these Regulations —
“the 1988 Act ” means the Local Government Finance Act 1988 ;
“the 1992 Act ” means the Local Government Finance Act 1992 ;
“predecessor council” means a local authority which, by or in consequence of a section 7 order, ceases to exist on the reorganisation date;
“preparing council” means a local authority which, in accordance with a section 7 order, becomes a single tier council on the reorganisation date;
“reorganisation date”, in relation to a single tier council, means the date specified in the section 7 order as that on which a structural change comes into effect;
“section 7 order” means an order under section 7 of the 2007 Act;
“shadow council” means an authority (not being a local authority) which, in accordance with a section 7 order, becomes a single tier council on the reorganisation date; and
“single tier council” means a local authority which on and after the reorganisation date is the sole principal authority for an area.
2
For the purposes of these Regulations —
a
a single tier council is related to a predecessor council if on the reorganisation date the area of the single tier council includes that of the predecessor council; and
b
where on the reorganisation date the area of a predecessor council comprises the areas of two or more single tier councils taken together, both or all of those single tier councils are related to the predecessor council.
Establishment of collection funds
3
As regards a single tier council that is related to a predecessor council which is —
a
a shadow council, or
b
a preparing council which is a county council,
the date specified for the purposes of subsection (2C) of section 89 of the 1988 Act (collection funds) is the date that falls one day after the date on which the predecessor council makes its calculation under section 32 (calculation of budget requirement) of the 1992 Act for the financial year beginning on the reorganisation date.
Establishment of general funds
4
1st April 2009 is the date specified for the purposes of subsection (3D) of section 91 of the 1988 Act (general funds) as regards a single tier council that is related to a predecessor council which is —
a
a shadow council, or
b
a preparing council which is a county council.
Treatment of collection fund surpluses and deficits
5
The Local Authorities (Funds) (England) Regulations 1992 (“the Funds Regulations”) shall have effect with the modifications specified in the Schedule to these Regulations.
Anticipation of amounts required to discharge functions of charter trustees
6
1
Section 32 of the 1992 Act (calculation of budget requirement) shall have effect in relation to —
a
a preparing or shadow council which, by virtue of regulation 8 of the Local Government (Structural Changes)(Finance) Regulations 2008 , is the billing authority for an area for any part of which charter trustees are likely to be established on the reorganisation date; and
b
the financial year beginning on that date,
as if, notwithstanding subsection (6), it required the authority, in making calculations under that section (whether originally of by way of substitute ), to anticipate the amount likely to be required in that financial year for the discharge of the charter trustees’ functions.
2
An amount anticipated as mentioned in paragraph (1) shall be treated for the purposes of section 34 of the 1992 Act (additional calculations where special items relate to part only of area) as if it were an item mentioned in section 35(1) of that Act (special items for purposes of section 34) relating to the area for which the charter trustees are to act.
3
Where paragraph (1) applies —
a
section 37(1) of the 1992 Act (substitute calculations) shall have effect as if after “purpose” there were inserted “and taking into account the modification of that section by regulation 6(1) of the Local Government (Structural Changes) (Further Financial Provisions and Amendment) Regulations 2008”; and
b
subsection (1)(b) of section 52X of the 1992 Act (calculations to be net of precepts) and subsection (2) of section 52Y of that Act (information for the purposes of Chapter 4A) shall have effect as if references to the aggregate amount of precepts anticipated by a billing authority in pursuance of regulations under section 41 of that Act included references to an amount anticipated under paragraph (1) of this regulation .
Amendment of the Local Government (Structural Changes) (Transfer of Functions, Property, Rights and Liabilities) Regulations 2008
7
The Local Government (Structural Changes) (Transfer of Functions, Property, Rights and Liabilities) Regulations 2008 are amended, in regulation 6 (interpretation and application of Part 3), in paragraph (1), by the substitution for the definition of “financial reserves” of —
“financial reserves”, in relation to a predecessor council and any successor council, means —
the total of such amounts of a description contained in section 69(2A)(b) of the Local Government Finance Act 1992 (construction of references to expenditure incurred by a billing authority, major precepting authority or local precepting authority); and
the total of the amount of the predecessor council’s capital receipts, as defined for the purposes of Chapter 1 of the Local Government Act 2003
.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
5th January 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Banking Act 2009 (Commencement No. 3) Order 2009.
2
In this Order “ the Act ” means the Banking Act 2009.
Provisions of the Act coming into force on 4th August 2009
2
The provisions of Part 5 of the Act (inter-bank payment systems) listed in the Schedule to this Order come into force on 4th August 2009.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
21st July 2009


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the International Movement of Capital (Required Information) Regulations 2009 and shall come into force on 1st September 2009.
2
These Regulations shall have effect in relation to events taking place and transactions carried out on or after 1st July 2009.
Interpretation
2
1
In these Regulations —
“group company” means any company which is resident in the United Kingdom and which would be deemed to be a member of the group of companies which includes the reporting body for the purposes of Chapter IV of Part X of the Income and Corporation Taxes Act 1988 if in section 413(3) of that Act the words “51 per cent” were substituted for the words “75 per cent”;
“ ICTA ” means the Income and Corporation Taxes Act 1988;
“redeemable”, in relation to shares, means that the shares satisfy one or both of the following conditions —
that, by virtue of the terms of their issue or the exercise of a right by any person or the existence of any arrangements, they are liable to be redeemed, cancelled or repaid, in whole or in part;
that, by virtue of any material arrangements, the holder has a right to require another person to acquire the shares or is obliged in any circumstances to dispose of them or another person has a right or is in any circumstances obliged to acquire them;
and arrangements are material arrangements if the company which issued the shares or a company connected with that company is a party to the arrangements;
“Schedule 17” means Schedule 17 (international movement of capital) to the Finance Act 2009.
2
For the purposes of these Regulations, whether a person is connected with another shall be determined as it would in accordance with the provisions of subsections (2) to (8) of section 839 (connected persons) of ICTA if the words “paragraph 12 of Schedule 17 to the Finance Act 2009” were substituted for the words “section 416” in the definition of “control” in subsection (8).
3
In these Regulations, references to a reporting body include a body corporate which would be a reporting body if it had not entered into an arrangement under paragraph 6 of Schedule 17.
Information
3
1
Paragraphs (2) and (3) specify the information (in this regulation referred to as “the required information”) to be contained in the report which is required to be made to an officer of Revenue and Customs under paragraph 4(1) of Schedule 17.
2
The required information as it relates to a foreign subsidiary connected with the event or transaction is —
a
its name, and
b
the territory from the laws of which it derives its status as a body corporate.
3
The required information as it relates to an event or transaction is a full description of the event or transaction (and, in the case of a transaction, a full description of all the steps taken in the course of the transaction) and includes in particular —
a
the date on which the event took place or the transaction was carried out,
b
for a transaction, the name of each party to it,
c
the reason for the event or transaction, and
d
an estimate of the effect of the event or transaction on the liability to tax in the United Kingdom of the reporting body and of any group company.
Value of the event or transaction
4
1
The value of an event or transaction is to be determined for the purposes of paragraph 8 of Schedule 17 in accordance with this regulation.
2
The value of an issue or transfer of shares or debentures is the market value of the shares or debentures.
3
The value of an event or transaction which results in a foreign subsidiary becoming, or ceasing to be, a controlling partner in a partnership is the market value of the share of the subsidiary in the assets of the partnership immediately after it becomes a controlling partner or, as the case may be, immediately before it ceases to be a controlling partner.
4
For the purposes of paragraphs (2) and (3), the value of an event or transaction that is one of a series is the aggregate of the value of all the events and transactions in the series.
Excluded transactions
5
1
A transaction is excluded for the purposes of Schedule 17 if —
a
it is a transaction within paragraph 8(2)(a) to (c) of Schedule 17 that is entered into pursuant to cash pooling arrangements in respect of which the conditions specified in paragraph (2) have been met; or
b
it is described in one of the paragraphs in the Schedule (excluded transactions) to these Regulations and meets such conditions (if any) as are specified there.
2
The conditions mentioned in paragraph (1)(a) are that before the transaction takes place —
a
the parties to the cash pooling arrangements notify an officer of Revenue and Customs in writing of the terms of the arrangements;
b
an officer of Revenue and Customs gives notice in writing to the parties that transactions entered into pursuant to the cash pooling arrangements after the date of the notice will be excluded transactions for the purposes of Schedule 17.
3
The Schedule (excluded transactions) to these Regulations has effect.
Nomination arrangements
6
1
This regulation contains provision about an arrangement under paragraph 6 of Schedule 17.
2
The parties to an arrangement must give notice to an officer of Revenue and Customs within 28 days of entering into it.
3
The notice must be in writing and signed by all the parties to the arrangement.
4
The notice must state —
a
the name of each party,
b
the tax reference of each party, and
c
which party is the nominated reporting body.
5
The parties to an arrangement are treated as having withdrawn from it if they fail to give notice in accordance with paragraphs (2) to (4).
6
A party to an arrangement is treated as having withdrawn from it if that party ceases to be controlled by the foreign parent.
7
A party which withdraws from or is treated as having withdrawn from an arrangement must give notice in writing of that fact to an officer of Revenue and Customs and to any other party to the arrangement within 28 days of the date of withdrawal or, as the case may be, the date on which it ceases to be controlled by the foreign parent.
Dave Hartnett
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
10th August 2009


text:
Citation, commencement and application
1
1
These Rules may be cited as the Town and Country Planning (Hearings and Inquiries Procedures) (England) (Amendment) Rules 2009 and shall come into force on 6th April 2009.
2
These Rules apply in relation to —
a
appeals and applications made on or after 6th April 2009; and
b
England only.
Amendment of the Town and Country Planning (Hearings Procedure)(England) Rules 2000
2
1
The Town and Country Planning (Hearings Procedure) (England) Rules 2000 are amended as follows.
2
In rule 2 (interpretation) —
a
omit the definition of “the relevant notice”; and
b
for the definition of “starting date” substitute —
“starting date” means the date of the notice given by the Secretary of State under rule 3A;
.
3
After rule 3 (application of Rules) insert —
Notice from the Secretary of State
3A
1
In the case of an appeal under section 78 of the Planning Act as soon as practicable after a determination has been made under section 319A of the Planning Act that the appeal is to proceed at a hearing, the Secretary of State shall send a notice to this effect to the appellant and the local planning authority.
2
In the case of any other appeal to which these Rules apply, the Secretary of State shall, as soon as practicable after receipt of all the documents required to enable the appeal to proceed, send a notice to the appellant and the local planning authority, informing them that a hearing is to be held
.
4
In rule 4 (preliminary information to be supplied by local planning authority) —
a
in paragraph (1) for “relevant notice” substitute “notice under rule 3A”; and
b
in paragraph (2) after “has been notified” insert “in writing”.
5
In rule 5(2) (notification of name of inspector) after “shall notify” insert “in writing”.
6
In rule 6 (receipt of hearing statements etc ) —
a
omit paragraph (4);
b
in paragraph (5)(a) —
i
after (1) insert “and”; and
ii
omit “and any comments received pursuant to paragraph (4)”;
c
in paragraph (6)(b) omit “and comments made by the authority under paragraph (4)”;
d
in paragraph (7) for “(4)” substitute “(3)”; and
e
in paragraph (8) “for paragraphs (3) and (4)” substitute “paragraph (3)”.
7
In rule 8(1) (method of procedure) —
a
for “If” substitute “Subject to paragraphs (3) and (4), if”;
b
after “Secretary of State” insert “in writing”; and
c
in sub-paragraph (a) after “of his opinion” insert “in writing”.
8
In rule 8(2) for “If” substitute “Except in the case of an appeal under section 78 of the Planning Act, if”.
9
After rule 8(2) insert —
3
In the case of an appeal under section 78 of the Planning Act, if either the appellant or the local planning authority at any time before or during a hearing is of the opinion that the hearings procedure is inappropriate to determine the appeal and that the appeal should not proceed in this way then they may inform the Secretary of State in writing, before the hearing, or the inspector, during the hearing and the reasons for it.
4
Where paragraph (3) applies, the Secretary of State shall consult the other party, who may inform the Secretary of State of their opinion in writing pursuant to this paragraph, before exercising the power in section 319A(4) of the Planning Act.
.
10
In rule 13(4) (procedure after hearing – non-transferred appeals) after “without first notifying” insert “in writing”.
11
In rule 14(3)(a) (procedure after hearing – transferred appeal) after “notifying” insert “in writing”.
12
In rule 20(2) (Mayor of London) —
a
for sub-paragraph (a) substitute —
a
in rule 3A —
i
in paragraph (1), after “the appellant” insert “, the Mayor”;
ii
in paragraph (2), after “the appellant” insert “, the Mayor”
;
b
in sub-paragraph (c) omit sub-paragraph (iv); and
c
in sub-paragraph (e) at the end insert —
iii
in paragraph (3), for “if either the appellant” substitute “if the appellant, the Mayor”;
iv
in paragraph (4), for “party” substitute “parties”
.
Amendment of the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000
3
1
The Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 are amended as follows.
2
In rule 2(1) (interpretation) —
a
omit the definition of “relevant notice”; and
b
for the definition of “starting date” substitute —
“starting date” means the date of the notice given by the Secretary of State under rule 3A;
.
3
After rule 3 (application of Rules) insert —
Notice from the Secretary of State
3A
1
In the case of an appeal under section 78 of the Planning Act as soon as practicable after a determination has been made under section 319A of the Planning Act that the appeal is to proceed at an inquiry, the Secretary of State shall send a notice to this effect to the appellant and the local planning authority.
2
In the case of any other appeal to which these Rules apply, the Secretary of State shall as soon as practicable after receipt of all the documents required to enable the appeal to proceed, send a notice to the appellant and the local planning authority, informing them that an inquiry is to be held.
.
4
In rule 4 (preliminary information to be supplied by local planning authority) —
a
in paragraph (1) for “relevant notice” substitute “notice under rule 3A”; and
b
in paragraph (4) after “have been notified” insert “in writing”.
5
In rule 5(1) (notification of name of inspector) after “shall notify” insert “in writing”.
6
In rule 6 (receipt of statements of case etc) —
a
in paragraph (6) —
i
after “to send” insert “within 4 weeks of being so required”; and
ii
in sub-paragraph (a) omit “within 4 weeks of being so required”;
b
in paragraph (9)(a) omit “in writing”;
c
in paragraph (10)(a) omit “in writing”;
d
in paragraph (12) omit “and written comments”;
e
in paragraph (13) —
i
in sub-paragraph (a) omit “written comments,”; and
ii
in sub-paragraph (b) omit “any written comments,”; and
f
omit paragraphs (14) and (15).
7
In rule 9 (notification of appointment of assessor) after “he shall notify” insert “in writing”.
8
In rule 13 (inspector may act in place of Secretary of State) omit “(14) and (15)”.
9
In rule 15(1)(b) (statement of common ground) for “not less than 4 weeks before the date fixed for the holding of the inquiry” substitute “within 6 weeks of the starting date”.
10
In rule 16(5) (procedure at inquiry) for “(7)” substitute “(9)”.
11
In rule 18(3)(a) (procedure after inquiry) after “notifying” insert “in writing”.
12
In rule 24(2) (Mayor of London) —
a
for sub-paragraph (a) substitute —
a
in rule 3A —
i
in paragraph (1), after “the appellant” insert “, the Mayor”;
ii
in paragraph (2), after “the appellant” insert “, the Mayor”;
;
b
in sub-paragraph (c) omit paragraphs (ix) and (x).
Amendment of the Town and Country Planning (Inquiries Procedure) (England) Rules 2000
4
1
The Town and Country Planning (Inquiries Procedure) (England) Rules 2000 are amended as follows.
2
In rule 2(1) (interpretation) —
a
omit the definition of “relevant notice”; and
b
for the definition of “starting date” substitute —
“starting date” means the date of the notice given by the Secretary of State under rule 3A;
.
3
After rule 3 (application of Rules) insert —
Notice from the Secretary of State
3A
1
In the case of an appeal under section 78 of the Planning Act as soon as practicable after a determination has been made under section 319A of the Planning Act that the appeal is to proceed at an inquiry, the Secretary of State shall send a notice to this effect to the appellant and the local planning authority.
2
In the case of any other appeal or application to which these Rules apply, the Secretary of State shall as soon as practicable after receipt of all the documents required to enable the appeal or application to proceed, send a notice to the applicant and the local planning authority, informing them that an inquiry is to be held.
.
4
In rule 4 (preliminary information to be supplied by local planning authority) —
a
in paragraph (1) for “relevant notice” substitute “notice under rule 3A”; and
b
in paragraph (4) after “has been notified” insert “in writing”.
5
In rule 6 (receipt of statements of case etc) —
a
in paragraph (6) —
i
after “to send” insert “within 4 weeks of being so required”; and
ii
in sub-paragraph (a) omit “within 4 weeks of being so required”;
b
in paragraph (9)(a) omit “in writing”;
c
in paragraph (10)(a) omit “in writing”;
d
in paragraph (13) —
i
in sub-paragraph (a) omit “written comments,”; and
ii
in sub-paragraph (b) omit “any written comments,”;
e
omit paragraphs (14) and (15); and
f
in paragraph (16) omit “or written comments”.
6
In rule 9 (notification of appointment of assessor) after “he shall notify” insert “in writing”.
7
In rule 14(1)(b) (statement of common ground) for “not less than 4 weeks before the date fixed for the holding of the inquiry” substitute “within 6 weeks of the starting date”.
8
In rule 15(5) (procedure at inquiry) for “(7)” substitute “(9)”.
9
In rule 17(5) (procedure after inquiry) after “without first notifying” insert “in writing”.
10
In rule 21(1)(b) (additional copies) omit “or comments”.
11
In rule 23(2) (Mayor of London) —
a
for sub-paragraph (a) substitute —
a
in rule 3A —
i
in paragraph (1), after “the appellant” insert “, the Mayor”;
ii
in paragraph (2), after “the applicant” insert “, the Mayor”;
;
b
in sub-paragraph (d) omit paragraphs (x) and (xi).
Amendment of the Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2005
5
1
The Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2005 are amended as follows.
2
In rule 13 (notification of appointment of assessor) after “he shall notify” insert “in writing”.
3
In rule 21(6) (procedure after inquiry) after “without first notifying” insert “in writing”.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
3rd March 2009


text:
1
This Instrument may be cited as “The Worcestershire County Council (Diglis Bridge) Scheme 2009 Confirmation Instrument 2009” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Worcestershire County Council (Diglis Bridge) Scheme 2009 (“the Scheme”), and as set out in the Schedule, is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plan) copies of the Scheme with its accompanying plans are deposited at the offices of the Department for Transport, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA, and at the offices of the Council of Worcestershire County Council at County Hall, Spetchley Road, Worcester WR5 2NP.
Signed by authority of the Secretary of State for Transport
J. Blackie
Regional Director Government Office for the North East
21st October 2009


text:
Citation and commencement
1
This Order may be cited as the Renewable Transport Fuel Obligations (Amendment) Order 2009 and comes into force on 15th April 2009.
Preliminary
2
The Renewable Transport Fuel Obligations Order 2007 shall be amended as follows.
Amendment of article 3 (definitions of fuels and fuel products)
3
1
Article 3 shall be amended as follows.
2
After paragraph (2) insert —
2A
“Biobutanol” means a liquid consisting of butanol produced wholly from biomass and capable of being used for the same purposes as light oil.
.
3
After paragraph (5) insert —
5A
“Light oil” has the same meaning as in the 1979 Act .
.
4
Omit paragraph (9).
5
In paragraph (10), for sub-paragraph (b) substitute —
b
within paragraph (13), and
.
6
After paragraph (10) insert —
10A
“Renewable diesel” means heavy oil —
a
which is produced wholly from biomass or waste cooking oil or a combination of biomass and waste cooking oil,
b
the ester content of which does not exceed 0.0005% by weight or is nil, and
c
the sulphur content of which does not exceed 0.005% by weight or is nil.
.
7
In paragraph (12), after “biodiesel” insert “, renewable diesel”.
8
After paragraph (12) insert —
13
Hydrocarbon oil is within this paragraph if it is —
a
in the case of hydrocarbon oil supplied at or for delivery to places in the United Kingdom during the obligation period beginning on 15th April 2008, chargeable to the duty of excise on hydrocarbon oil under section 6 of the 1979 Act , or
b
in the case of hydrocarbon oil supplied at or for delivery to places in the United Kingdom during the obligation period beginning on 15th April 2009 or any subsequent obligation period, of one of the descriptions set out in paragraph (14).
14
For the purposes of paragraph (13)(b) the descriptions are —
a
hydrocarbon oil which is chargeable to the duty of excise on hydrocarbon oil under section 6 of the 1979 Act, other than the renewable diesel component in hydrocarbon oil comprising a mixture of heavy oil which is not renewable diesel and heavy oil which is renewable diesel;
b
the heavy oil component in bioblend, where a duty of excise is chargeable in relation to that bioblend under the 1979 Act , other than any renewable diesel component which is included in the heavy oil component; or
c
the hydrocarbon oil component in bioethanol blend, where a duty of excise is chargeable in relation to that bioethanol blend under the 1979 Act .
.
Amendment of article 4 (the renewable transport fuel obligation)
4
1
Article 4 shall be amended as follows.
2
In paragraph (4), for sub-paragraph (c) substitute —
c
in relation to the volume of such oil calculated in accordance with sub-paragraphs (a) and (b) —
i
for the obligation period beginning on 15th April 2008, the specified amount is an amount equal to 2.5641% of that volume;
ii
for the obligation period beginning on 15th April 2009, the specified amount is an amount equal to 3.3592% of that volume;
iii
for the obligation period beginning on 15th April 2010, the specified amount is an amount equal to 3.6269% of that volume;
iv
for the obligation period beginning on 15th April 2011, the specified amount is an amount equal to 4.1667% of that volume;
v
for the obligation period beginning on 15th April 2012, the specified amount is an amount equal to 4.7120% of that volume; and
vi
for each subsequent obligation period, the specified amount is an amount equal to 5.2632% of that volume.
.
Amendment of article 5 (determinations of amounts of transport fuel)
5
1
Article 5 shall be amended as follows.
2
In paragraph (3) —
a
omit sub-paragraph (c);
b
after sub-paragraph (e) omit “or”; and
c
after sub-paragraph (f) insert —
g
biobutanol in relation to which a duty of excise is chargeable under the 1979 Act and which is supplied at or for delivery to places in the United Kingdom on or after 15th April 2009;
h
renewable diesel in relation to which a duty of excise is chargeable under the 1979 Act and which is supplied at or for delivery to places in the United Kingdom on or after 15th April 2009;
i
the renewable diesel component in bioblend which contains renewable diesel, being bioblend in relation to which a duty of excise is chargeable under the 1979 Act and which is supplied at or for delivery to places in the United Kingdom on or after 15th April 2009; or
j
the renewable diesel component in hydrocarbon oil, being hydrocarbon oil —
i
comprising a mixture of heavy oil which is not renewable diesel and heavy oil which is renewable diesel,
ii
in relation to which a duty of excise is chargeable under the 1979 Act , and
iii
which is supplied at or for delivery to places in the United Kingdom on or after 15th April 2009.
.
3
In paragraph (6) omit “or (c)”.
Signed by authority of the Secretary of State for Transport
Andrew Adonis
Minister of State
Department for Transport
1st April 2009


text:
Citation, commencement and application
1
1
These regulations may be cited as the Education (Areas to which Pupils and Students Belong) (Amendment) (England) Regulations 2009 and come into force on 24th June 2009.
2
The amendments made by these Regulations have effect only in relation to the application of the Education (Areas to which Pupils and Students Belong) Regulations 1996 to local education authorities in England.
Amendment of the Education (Areas to which Pupils and Students Belong) Regulations 1996
2
1
The Education (Areas to which Pupils and Students Belong) Regulations 1996 are amended as follows.
2
In regulation 2(1), omit —
“further education student” means a person in respect of whom provision for further education is made;
.
3
In regulation 2, after paragraph (3) insert —
4
These Regulations do not apply for the purpose of determining which authority’s area a child is in for the purposes of section 321(3) of the Education Act 1996.
.
4
In regulation 3(a), omit —
“other than a further education student” and “and”.
5
Omit paragraph (b) of regulation 3.
6
In each of regulations 4(2)(a), 5(2)(a) and 7(2)(a), for “Part III of the Education Act 1993”, substitute “Part 4 of the Education Act 1996”.
7
In regulation 4(2)(b), for “section 50(1) of the Education Act 1944,” substitute “section 514(1) of the Education Act 1996”.
8
In each of regulations 6(2)(b) and 7(2)(c), for “section 298(1) of the Education Act 1993”, substitute “section 19(1) of the Education Act 1996”.
9
In regulation 7(1), after the words “other regulation”, add —
in these Regulations
.
10
In regulation 7(2) —
a
omit “or” at the end of sub-paragraph (c), and
b
omit sub-paragraph (d).
11
Omit regulations 8, 9, 10 and 11.
Sarah McCarthy-Fry
Parliamentary Under Secretary of State
Department for Children, Schools and Families
21st May 2009


text:
Citation
1
This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No. 6 and Transitional Provisions) Order 2009.
Appointed Date
2
The date appointed for the coming into force of the following provisions of the Criminal Justice and Immigration Act 2008 is 1 st February 2009 -
a
section 48 (1)(a) (the giving of youth conditional cautions);
b
section 123 (Review of anti-social behaviour orders etc. );
c
section 124 (Individual support orders);
d
section 148(2) (Consequential etc. amendments and transitional and saving provisions) in so far as it relates to the provisions specified in paragraph (f);
e
in Schedule 9 (Alternatives to prosecution for offenders under 18) –
i
paragraph 1;
ii
paragraph 3 but only to the extent that it inserts sections 66G and 66H of the Crime and Disorder Act 1998 ;
iii
paragraph 4; and
f
paragraphs 33 and 34 of Schedule 27 (Transitory, transitional and saving provisions).
Signed by the authority of the Secretary of State
David Hanson
Minister of State
Ministry of Justice
29th January 2009


text:
Citation
1
This Order may be cited as the Designation of Schools Having a Religious Character (Independent Schools) (England) Order 2009.
Interpretation
2
In this Order “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets education is provided at the school or the school is conducted (or, as the case may be, each such religious denomination).
Designation of schools
3
1
The schools listed in column (1) of the Schedule are designated as schools having a religious character.
2
The relevant religion or religious denomination in relation to a school listed in column (1) of the Schedule is specified in relation to that school in column (2).
P S A Jones
A Divisional Manager in the
Department for Children, Schools and Families
3rd March 2009


text:
1
This order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No 8) Order 2009.
2
Section 145 (amendments to armed forces legislation) of the Criminal Justice and Immigration Act 2008 shall come into force on 31 st October 2009 so far as is necessary to bring into force the provisions specified in paragraphs (a) and (b) —
a
Schedule 25, Part 1 (amendments to the Courts-Martial (Appeals) Act 1968 ), paragraphs 1 to 9; and
b
Schedule 25, Part 2 (amendments to the Armed Forces Act 2006 ), paragraphs 10 to 23, 26 (1) and (2) and 28 to 33.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
22nd April 2009