text:
Citation and commencement
1
These Regulations may be cited as the Additional Statutory Paternity Pay (Birth, Adoption and Adoptions from Overseas) (Administration) Regulations 2010 and shall come into force on 6th April 2010.
Interpretation
2
1
In these Regulations —
“the 1992 Act” means the Social Security Contributions and Benefits Act 1992 ;
“the 1996 Act” means the Employment Rights Act 1996 ;
“the 2002 Act” means the Employment Act 2002;
“additional statutory paternity pay period” means the period determined in accordance with section 171ZEE(2) of the 1992 Act, or section 171ZEE(2) of the 1992 Act as it applies to adoptions from overseas , as the period in respect of which additional statutory paternity pay is payable to a person;
“additional statutory paternity pay” means any payment under section 171ZEA or section 171ZEB of the 1992 Act , or under section 171ZEB of the 1992 Act as it applies to adoptions from overseas ;
“adoption from overseas” means the adoption of a child who enters Great Britain from outside the United Kingdom in connection with or for the purposes of adoption which does not involve placement of the child for adoption under the law of any part of the United Kingdom;
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
“contributions payments” has the same meaning as in section 7 of the 2002 Act;
“the Contributions Regulations” means the Social Security (Contributions) Regulations 2001 ;
“income tax month” means the period beginning on the 6th day of any calendar month and ending on the 5th day of the following calendar month;
“income tax quarter” means the period beginning on the 6th day of April and ending on the 5th day of July, the period beginning on the 6th day of July and ending on the 5th day of October, the period beginning on the 6th day of October and ending on the 5th day of January or the period beginning on the 6th day of January and ending on the 5th day of April;
“tax year” means the 12 months beginning with 6th April in any year;
“writing” includes writing delivered by means of electronic communications approved by directions issued by the Commissioners pursuant to regulations under section 132 of the Finance Act 1999 .
2
Any reference in these Regulations to the employees of an employer includes the employer’s former employees.
Funding of employers’ liabilities to make payments of additional statutory paternity pay
3
1
An employer who has made any payment of additional statutory paternity pay shall be entitled —
a
to an amount equal to 92% of such payment; or
b
if the payment qualifies for small employer’s relief by virtue of section 7(3) of the 2002 Act —
i
to an amount equal to such payment; and
ii
to an additional payment equal to the amount to which the employer would have been entitled under section 167(2)(b) of the 1992 Act had the payment been a payment of statutory maternity pay.
2
The employer shall be entitled in either case (a) or case (b) to apply for advance funding in respect of such payment in accordance with regulation 4, or to deduct it in accordance with regulation 5 from amounts otherwise payable by the employer.
Application for funding from the Commissioners
4
1
If an employer is entitled to a payment determined in accordance with regulation 3 in respect of additional statutory paternity pay which the employer is required to pay to an employee or employees for an income tax month or income tax quarter, and the payment exceeds the aggregate of —
a
the total amount of tax which the employer is required to pay to the collector of taxes in respect of the deductions from the emoluments of employees in accordance with the Income Tax (Pay as You Earn) Regulations 2003 for the same income tax month or income tax quarter,
b
the total amount of the deductions made by the employer from the emoluments of employees for the same income tax month or income tax quarter in accordance with regulations under section 22(5) of the Teaching and Higher Education Act 1998 or section 73B of the Education (Scotland) Act 1980 or in accordance with article 3(5) of the Education (Student Support) (Northern Ireland) Order 1998 ,
c
the total amount of contributions payments which the employer is required to pay to the collector of taxes in respect of the emoluments of employees (whether by means of deduction or otherwise) in accordance with the Contributions Regulations for the same income tax month or income tax quarter, and
d
the total amount of payments which the employer is required to pay to the collector of taxes in respect of the deductions made on account of tax from payments to sub-contractors in accordance with section 61 of the Finance Act 2004 for the same income tax month or income tax quarter,
the employer may apply to the Commissioners in accordance with paragraph (2) for funds to pay the additional statutory paternity pay (or so much of it as remains outstanding) to the employee or employees.
2
Where —
a
the condition in paragraph (1) is satisfied, or
b
the employer considers that the condition in paragraph (1) will be satisfied on the date of any subsequent payment of emoluments to one or more employees who are entitled to payment of additional statutory paternity pay,
the employer may apply to the Commissioners for funding in a form approved for that purpose by the Commissioners.
3
An application by an employer under paragraph (2) shall be for an amount up to, but not exceeding, the amount of the payment to which the employer is entitled in accordance with regulation 3 in respect of additional statutory paternity pay which the employer is required to pay to an employee or employees for the income tax month or income tax quarter to which the payment of emoluments relates.
Deductions from payments to the Commissioners
5
An employer who is entitled to a payment determined in accordance with regulation 3 may recover such payment by making one or more deductions from the aggregate of the amounts specified in sub-paragraphs (a) to (d) of regulation 4(1) except where and in so far as —
a
those amounts relate to earnings paid before the beginning of the income tax month or income tax quarter in which the payment of additional statutory paternity pay was made;
b
those amounts are paid by the employer later than six years after the end of the tax year in which the payment of additional statutory paternity pay was made;
c
the employer has received payment from the Commissioners under regulation 4; or
d
the employer has made a request in writing under regulation 4 that the payment to which the employer is entitled in accordance with regulation 3 be paid and the employer has not received notification by the Commissioners that the request is refused.
Payments to employers by the Commissioners
6
If the total amount which an employer is or would otherwise be entitled to deduct under regulation 5 is less than the payment to which the employer is entitled in accordance with regulation 3 in an income tax month or income tax quarter, and the Commissioners are satisfied that this is so, then provided that the employer has in writing requested them to do so, the Commissioners shall pay the employer such amount as the employer was unable to deduct.
Date when certain contributions are to be treated as paid
7
Where an employer has made a deduction from a contributions payment under regulation 5, the date on which it is to be treated as having been paid for the purposes of section 7(5) of the 2002 Act (when amount deducted from contributions payment to be treated as paid and received by the Commissioners) is —
a
in a case where the deduction did not extinguish the contributions payment, the date on which the remainder of the contributions payment or, as the case may be, the first date on which any part of the remainder of the contributions payment was paid; and
b
in a case where the deduction extinguished the contributions payment, the 14th day after the end of the income tax month or income tax quarter during which there were paid the earnings in respect of which the contributions payment was payable.
Overpayments
8
1
This regulation applies where funds have been provided to the employer pursuant to regulation 4 in respect of one or more employees and it appears to an officer of Revenue and Customs that the employer has not used the whole or part of those funds to pay additional statutory paternity pay.
2
An officer of Revenue and Customs shall decide to the best of the officer’s judgement the amount of funds provided pursuant to regulation 4 and not used to pay additional statutory paternity pay and shall serve notice in writing of this decision on the employer.
3
A decision under this regulation may cover funds provided pursuant to regulation 4 —
a
for any one income tax month or income tax quarter, or more than one income tax month or income tax quarter, in a tax year, and
b
in respect of a class or classes of employees specified in the decision notice (without naming the individual employees), or in respect of one or more employees named in the decision notice.
4
Subject to the following provisions of this regulation, Part 6 of the Taxes Management Act 1970 (collection and recovery) shall apply with any necessary modifications to a decision under this regulation as if it were an assessment and as if the amount of funds determined were income tax charged on the employer.
5
Where an amount of funds determined under this regulation relates to more than one employee, proceedings may be brought for the recovery of that amount without distinguishing the amounts making up that sum which the employer is liable to repay in respect of each employee and without specifying the employee in question, and the amount determined under this regulation shall be one cause of action or one matter of complaint for the purposes of proceedings under section 65, 66 or 67 of the Taxes Management Act 1970 .
6
Nothing in paragraph (5) prevents the bringing of separate proceedings for the recovery of any amount which the employer is liable to repay in respect of each employee.
Records to be maintained by employers
9
Every employer shall maintain for three years after the end of a tax year in which the employer made payments of additional statutory paternity pay to any employee a record of —
a
if the employee’s additional statutory paternity pay period began in that year —
i
the date on which that period began, and
ii
the evidence of entitlement to additional statutory paternity pay provided by the employee pursuant to regulations made under section 171ZEC(3)(c) of the 1992 Act or under section 171ZEC(3)(c) of the 1992 Act as it applies to adoptions from overseas ;
b
the weeks in that tax year in which additional statutory paternity pay was paid to the employee and the amount paid in each week; and
c
any week in that tax year which was within the employee’s additional statutory paternity pay period but for which no payment of additional statutory paternity pay was made to the employee and the reason no payment was made.
Inspection of employers’ records
10
1
Every employer, whenever called upon to do so by any authorised officer of Revenue and Customs, shall produce the documents and records specified in paragraph (2) to that officer for inspection, at such time as that officer may reasonably require, at the prescribed place.
2
The documents and records specified in this paragraph are —
a
all wages sheets, deductions working sheets, records kept in accordance with regulation 9 and other documents and records whatsoever relating to the calculation or payment of additional statutory paternity pay to employees in respect of the years specified by such officer; or
b
such of those wages sheets, deductions working sheets, or other documents and records as may be specified by the authorised officer.
3
The “prescribed place” mentioned in paragraph (1) means —
a
such place in Great Britain as the employer and the authorised officer may agree upon; or
b
in default of such agreement, the place in Great Britain at which the documents and records referred to in paragraph (2)(a) are normally kept; or
c
in default of such agreement and if there is no such place as is referred to in sub-paragraph (b), the employer’s principal place of business in Great Britain.
4
The authorised officer may —
a
take copies of, or make extracts from, any document or record produced to the authorised officer for inspection in accordance with paragraph (1);
b
remove any document or record so produced if it appears to the authorised officer to be necessary to do so, at a reasonable time and for a reasonable period.
5
Where any document or record is removed in accordance with paragraph (4)(b), the authorised officer shall provide —
a
a receipt for the document or record so removed; and
b
a copy of the document or record, free of charge, within seven days, to the person by whom it was produced or caused to be produced where the document or record is reasonably required for the proper conduct of a business.
6
Where a lien is claimed on a document produced in accordance with paragraph (1), the removal of the document under paragraph (4)(b) shall not be regarded as breaking the lien.
7
Where records are maintained by computer, the person required to make them available for inspection shall provide the authorised officer with all facilities necessary for obtaining information from them.
Provision of information relating to entitlement to additional statutory paternity pay
11
1
Where an employer, who has been given evidence of entitlement to additional statutory paternity pay pursuant to regulations made under section 171ZEC(3)(c) of the 1992 Act or under section 171ZEC(3)(c) of the 1992 Act as it applies to adoptions from overseas by a person who is or has been an employee, decides that they have no liability to make payments of additional statutory paternity pay to the employee, the employer shall furnish the employee with details of the decision and the reasons for it.
2
Where an employer who has been given such evidence of an entitlement to additional statutory paternity pay has made one or more payments of additional statutory paternity pay to the employee but decides, before the end of the additional statutory paternity pay period, that they have no liability to make further payments to the employee because the employee has been detained in legal custody or sentenced to a term of imprisonment which was not suspended, the employer shall furnish the employee with —
a
details of the employer’s decision and the reasons for it; and
b
details of the last week in respect of which a liability to pay additional statutory paternity pay arose and the total number of weeks within the additional statutory paternity pay period in which such a liability arose.
3
The employer shall —
a
return to the employee any evidence provided by the employee as referred to in paragraph (1) or (2); and
b
comply with the requirements imposed by paragraph (1) within 28 days of the day the employee gave notice of intended absence; and
c
comply with the requirements imposed by paragraph (2) within seven days of being notified of the employee’s detention or sentence.
Application for the determination of any issue arising as to, or in connection with, entitlement to additional statutory paternity pay
12
1
An application for the determination of any issue arising as to, or in connection with, entitlement to additional statutory paternity pay may be submitted to an officer of Revenue and Customs by the employee concerned.
2
Such an issue shall be decided by an officer of Revenue and Customs only on the basis of such an application or on their own initiative.
Applications in connection with additional statutory paternity pay
13
1
An application for the determination of any issue referred to in regulation 12 shall be made in a form approved for the purpose by the Commissioners.
2
Where such an application is made by an employee, it shall —
a
be made to an officer of Revenue and Customs within six months of the earliest day in respect of which entitlement to additional statutory paternity pay is in issue;
b
state the period in respect of which entitlement to additional statutory paternity pay is in issue; and
c
state the grounds (if any) on which the applicant’s employer had denied liability for additional statutory paternity pay in respect of the period specified in the application.
Provision of information
14
1
Any person specified in paragraph (2) shall, where information or documents are reasonably required from the person to ascertain whether additional statutory paternity pay is or was payable, furnish that information or those documents within 30 days of receiving a notification from an officer of Revenue and Customs requesting such information or documents.
2
The requirement to provide such information or documents applies to —
a
any person claiming to be entitled to additional statutory paternity pay;
b
any person who is, or has been, the spouse, civil partner or partner of such a person as is specified in paragraph (a);
c
any person who is, or has been, an employer of such a person as is specified in paragraph (a);
d
any person carrying on an agency or other business for the introduction or supply to persons requiring them of persons available to do work or to perform services; and
e
any person who is a servant or agent of any such person as is specified in paragraphs (a) to (d).
Pat McFadden
Minister of State for Business, Innovation and Skills
Department for Business, Innovation and Skills
28th January 2010
The Commissioners for Her Majesty’s Revenue and Customs hereby concur.
Melanie Dawes
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
28th January 2010


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) Order 2010.
Interpretation
2
In this Order, “ the Act ” means the Flood and Water Management Act 2010.
Provisions coming into force on 1st September 2010
3
1
Section 4 of the Act (“flood risk management function”) comes into force on 1st September 2010, so far as it provides power for the Minister, as defined in subsection (3) of that section, to make an order under subsection (2)(f) of that section.
2
The following sections of the Act come into force on 1st September 2010, so far as required for the exercise of the power in section 4(2)(f) of the Act —
a
section 1 (definitions of “flood” and “coastal erosion”);
b
section 2 (definition of “risk”);
c
section 3 (definition of “risk management”);
d
section 6 (other definitions).
3
Section 36 of the Act (water use: temporary bans) comes into force on 1st September 2010, so far as the amendments made by that section provide power for the Minister, as defined in section 76A(4) of the Water Industry Act 1991 (temporary bans: supplemental) , to make an order under section 76A(2) of that Act.
Provisions coming into force on 1st October 2010
4
The provisions of the Act specified in the Schedule come into force on 1st October 2010.
Transitional provisions
5
1
Despite the amendments made by section 36 of the Act (which substitutes section 76 of the Water Industry Act 1991), an existing prohibition or restriction continues in force until 31st October 2010 unless, before that date, it —
a
expires; or
b
is varied or revoked under paragraph (2).
2
A water undertaker may vary or revoke an existing prohibition or restriction before 31st October 2010 as if it were a prohibition issued under section 76 of the Water Industry Act 1991, as in force on 1st October 2010.
3
A variation must not extend the period of an existing prohibition or restriction beyond 31st October 2010.
4
In this article, “an existing prohibition or restriction” means a prohibition or restriction in force on 30th September 2010 under section 76 of the Water Industry Act 1991, as in force on that date.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
30th August 2010
Jane Davidson
Minister for Environment, Sustainability and Housing
one of the Welsh Ministers
31st August 2010


text:
Citation and commencement
1
These Regulations may be cited as the Statutory Payment Schemes (Electronic Communications) (Amendment) Regulations 2010 and come into force on 14th November 2010.
Amendment to the Statutory Payment Schemes (Electronic Communications) Regulations 2002
2
The Statutory Payment Schemes (Electronic Communications) Regulations 2002 are amended as follows.
3
In regulation 1(2) in the definition of “the statutory payments” for “statutory paternity pay” substitute “ordinary statutory paternity pay, additional statutory paternity pay”.
Bernadette Kenny
Melanie Dawes
Two of the Commissioners for Her Majesty’s Revenue and Customs
13th October 2010


text:
1
This Order may be cited as the Lowestoft Sixth Form College (Incorporation) Order 2010 and comes into force on 23rd March 2010.
2
There is established as from 23rd March 2010 a body corporate called “the Lowestoft Sixth Form College”, for the purpose of establishing and conducting as from the operative date a new educational institution of that name.
3
The operative date in relation to the further education corporation established by this Order is 23rd March 2010, and the corporation shall conduct the Lowestoft Sixth Form College from that date.
Kevin Brennan
Minister for Further Education, Skills Apprenticeships and Consumer Affairs
Department for Business, Innovation and Skills
28th February 2010


text:
Citation and commencement
1
These Regulations may be cited as the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment Regulations 2010 and shall come into force on 1st December 2010.
Amendment of regulation 5
2
1
In regulation 5 (disqualification for appointment: chairman and non-officer members) of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 —
a
omit paragraph (1)(e)(i); and
b
in paragraph (4)(a), omit “another trust, another trust’s Executive Committee or”.
Signed by authority of the Secretary of State for Health
Simon Burns
Minister of State,
Department of Health
14th October 2010


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Car Benefits) (Reduction of Value of Appropriate Percentage) (Revocation) Regulations 2010 and shall come into force on 6th April 2010.
Revocation of the Income Tax (Car Benefits) (Reduction of Value of Appropriate Percentage) Regulations 2001
2
Regulation 4 of the Income Tax (Car Benefits) (Reduction of Value of Appropriate Percentage) Regulations 2001 is revoked .
3
The Income Tax (Car Benefits) (Reduction of Value of Appropriate Percentage) Regulations 2001 are revoked with effect from 6th April 2011.
Revocation of the Income Tax (Car Benefits) (Reduction of Value of Appropriate Percentage) (Amendment) Regulations 2005
4
The Income Tax (Car Benefits) (Reduction of Value of Appropriate Percentage) (Amendment) Regulations 2005 are revoked with effect from 6th April 2011 .
Revocation of the Income Tax (Car Benefits) (Reduction of Value of Appropriate Percentage) (Amendment) Regulations 2007
5
The Income Tax (Car Benefits) (Reduction of Value of Appropriate Percentage) (Amendment) Regulations 2007 are revoked with effect from 6th April 2011 .
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 2010


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment No. 2) Regulations 2010 and shall come into force on 6th December 2010.
2
In these Regulations “the 2002 Regulations ” mean the Police Act 1997 (Criminal Records) Regulations 2002 .
3
These Regulations extend to England and Wales.
Amendment of regulation 10 of the 2002 Regulations
2
1
Regulation 10 of the 2002 Regulations (enhanced criminal record certificates: relevant police forces) is amended as follows.
2
For sub-paragraph (a) substitute —
a
where information is held in relation to the applicant in the record of convictions and cautions held for the use of police forces generally, the police force in whose area the applicant currently resides;
.
3
Omit sub-paragraph (aa).
4
For sub-paragraph (b) substitute —
b
where it appears to the Secretary of State that information is held by a police force in relation to the applicant other than in the record of convictions and cautions held for the use of police forces generally, the police force which appears to be holding that information;
.
5
Omit sub-paragraphs (ba) to (bd).
6
For sub-paragraph (c) substitute —
c
where the application is made in relation to a prescribed purpose which is to be carried out primarily at the applicant’s place of residence, the police force in whose area the applicant currently resides;
.
7
Omit sub-paragraph (ca).
Lynne Featherstone
Parliamentary Under-Secretary of State
Home Office
8th November 2010


text:
Citation and commencement
1
1
This Order may be cited as the Iran (United Nations Sanctions) (Amendment) Order 2010 and shall come into force on 17th December 2010.
2
In this Order “the principal Order ” means The Iran (United Nations Sanctions) Order 2009 .
Amendment of the principal Order
2
The principal Order is amended as follows.
3
For article 1(3) substitute —
3
An offence may be committed under this Order by any person within the territory of the United Kingdom, including the territorial sea, or by any person elsewhere who is —
a
a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person;
b
a body incorporated or constituted under the law of any part of the United Kingdom;
c
on board a United Kingdom ship; or
d
on board an aircraft registered in the United Kingdom.
4
In article 2 —
a
after the definition of “the Commissioners” and before the definition of “document” insert the definition of “customs official” as follows —
“customs official” means a designated general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009, or a designated customs revenue official under section 11(1) of that Act;
b
after the definition of “owner” and before the definition of “procurement” insert a definition of “permitted light water reactor goods” as follows —
permitted light water reactor goods” means
equipment covered by INFCIRC/254/Rev.9/Part 1 and INFCIRC/254/ Rev.8/Part 2 (listed in Schedule 4) when such equipment is for light water reactors;
low-enriched uranium covered by Annex A1.2 of INFCIRC/254/Rev.9/Part 1, when it is incorporated in assembled nuclear fuel elements for such reactors; or
items, materials, equipment, goods and technology set out in sections 1 and 2 of the Annex to INFCIRC/254/Rev.7/Part 2 and sections 3 to 6 as notified in advance to the Committee established by the Security Council of the United Nations under resolution 1737(2006) only when for exclusive use in light water reactors, where the supply, sale or transfer is in accordance with the requirements of paragraph 5 of resolution 1737 (2006) and where such supply, sale or transfer is necessary for technical cooperation provided to Iran by the International Atomic Energy Agency (“ IAEA ”) or under its auspices as provided for in paragraph 16 of resolution 1737 (2006);
c
after the definition of “ship” and before the definition of “vehicle” insert a definition of “ship supply services” and “United Kingdom ship” as follows —
“ship supply services” means the provision to a ship of bunker oil or any other supply, provision or service, other than basic provisions for the crew, to facilitate a voyage by that ship;
“United Kingdom ship” means
the ship is registered under Part 2 of the Merchant Shipping Act 1995, or
the ship is not registered under the law of any state but is wholly owned by persons each of whom is –
a British Citizen, or
a body incorporated or constituted under the law of any part of the United Kingdom and has its principal place of business in the United Kingdom.
d
after the definition of “vehicle” insert a definition of “WMD goods” as follows– —
“WMD goods” (weapons of mass destruction goods) means the items, materials, equipment, goods and technology which are set out in the documents of the United Nations Security Council listed in Schedule 4.
5
In articles 3(1) and 4(1) for “military goods” substitute “military goods or WMD goods” and amend the heading to articles 3 and 4 accordingly. In article 4(2) delete “ships registered in the United Kingdom and replace it with “United Kingdom ships” and replace “aircraft so registered” with “aircraft registered in the United Kingdom”. In article 4(3) delete “ship registered in the United Kingdom” and replace it with the words “United Kingdom ship”. In article 4(3) replace the words “any aircraft so registered” with “an aircraft registered in the United Kingdom”. The general heading preceding article 3 is deleted and the heading “Military and WMD Goods, Ship Supply Services and Related Offences” is inserted in its place.
6
Delete article 3(2)
7
After article 4 insert —
Use of ships, aircraft and vehicles: Military and WMD goods to Iran
4A
1
Except under the authority of a licence granted by the Secretary of State under this article, no ship or aircraft to which this article applies, and no vehicle within the United Kingdom, shall be used for the carriage of WMD goods, other than permitted light water reactor goods, or military goods if the carriage is, or forms part of, carriage from any place outside Iran to any destination therein.
2
This article applies —
a
to any United Kingdom ship;
b
to aircraft registered in the United Kingdom; and
c
to any other ship or aircraft that is for the time being chartered to any person who is —
i
a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person; or
ii
a body incorporated or constituted under the law of any part of the United Kingdom.
3
If any ship, aircraft or vehicle referred to in paragraph (1) is used in contravention of paragraph (1) then —
a
in the case of a United Kingdom ship or any aircraft registered in the United Kingdom, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
b
in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered and, if he or she is such a person as is referred to in paragraph (2)(c)(i) or (ii), the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
c
in the case of a vehicle, the operator of the vehicle,
shall be guilty of an offence under this Order, unless the person proves that he or she did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage from any place outside Iran to any destination therein.
4
Nothing in paragraph (1) shall apply where the supply or delivery or exportation from the United Kingdom of the goods concerned to Iran was authorised by a licence granted by the Secretary of State under the Export Control Order 2008 .
5
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
8
Article 5 is renumbered to become article 5A and the general heading “General” is deleted.
9
Delete article 5 and insert a new article 5 in its place which reads as follows —
Ship Supply Services to Iranian ships
5A
1
Except under the authority of a licence granted by the Secretary of State under this article, the provision of ship supply services to any ship registered in Iran is prohibited, in the circumstances set out in paragraph (2).
2
The circumstances referred to in paragraph (1) are where there is information which provides reasonable grounds to believe that the ship is carrying items, the supply, delivery, sale, transfer, export or procurement of which is prohibited by articles 2, 3, 4, 5, 8 and 9 of Council Regulation (EC) No 961/2010 , the Export Control Order 2008 or by articles 4 or 4A of this Order.
3
Any person knowingly concerned in the provision or attempted provision of such services in such circumstances shall be guilty of an offence under this Order.
10
For article 6 substitute —
Investigation of suspect ships
6
1
An authorised officer who has reasonable grounds to suspect that the cargo of any ship contains military goods or WMD goods in contravention of articles 4(1) or article 4A(1) may exercise the powers set out in Part 1 of Schedule 3 for the purposes of investigating, preventing or suppressing the commission of an offence under article 4(3) or 4A(3).
2
Those powers are exercisable in relation to:
i
any ship in the territory of the United Kingdom, including the territorial sea adjacent to the United Kingdom;
ii
any United Kingdom ship where it is seaward of the limits of the territorial sea of any state; and,
iii
any United Kingdom ship, not being a ship falling within article 6(2)(i) or 6(2)(ii) above, with authority of Secretary State given in accordance with article 6B.
3
Part 2 of Schedule 3 makes further provision about the exercise of the powers conferred by Part 1 of that Schedule.
4
In Schedule 3 “the ship” refers to the ship in relation to which the powers are exercised.
5
For the purposes of this article or Schedule 3 each of the following is an authorised officer:
a
a constable,
b
an officer of Revenue and Customs,
c
a customs official,
d
a commissioned officer of the regular forces (within the meaning of the Armed Forces Act 2006 ,
e
a person in command or charge of any aircraft or hovercraft in the service of the regular forces (within the meaning of that Act),
f
a person of any other description authorised for the purposes of this article by the Secretary of State.
6
In this Order, the reference to the commission of an offence includes a reference to the commission of an offence which consists in:
a
attempting or conspiring to commit such an offence,
b
aiding, abetting, counselling or procuring the commission of such an offence,
c
being art and part in the commission of such an offence, or
d
encouraging, assisting or inciting such an offence.
11
After article 6 insert —
Authority to other states in relation to United Kingdom ships
6A
1
The Secretary of State may authorise a state other than the United Kingdom to exercise, in relation to a United Kingdom ship, powers corresponding to the powers set out in Part 1 of Schedule 3 for a purpose mentioned in article 6(1).
2
An authorisation under paragraph (1) may be subject to such conditions or limitations, if any, as the Secretary of State sees fit.
3
An authorisation under paragraph (1) may be given by the Secretary of State —
a
of his or her own motion, or
b
in response to a request from a state other than the United Kingdom;
4
An authorisation under paragraph (1) may be general or particular.
Exercise of powers in territorial sea of other states
6B
1
The powers set out in Part 1 of Schedule 3 may be exercised with respect to a ship in the territory or territorial sea of any state other than the United Kingdom with the authority of the Secretary of State.
2
The Secretary of State must not give his or her authority unless the Secretary of State is satisfied that that state has consented to the exercise of those powers.
12
In article 7(1), for “article 4” substitute “article 4 or 4A” and for “article 4(1)” substitute “article 4(1) or 4A(1)”.
13
In article 8(1), for “article 4(1)” substitute “article 4(1) or 4A(1).
14
For article 9 substitute —
Provisions supplementary to articles 7 and 8 and Schedule 3
9
1
No information furnished or document produced by any person in pursuance of a request made under article 7 or 8 or a requirement made under Part 1 of Schedule 3 shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced:
provided that a person who has obtained information or is in possession of a document only in his or her capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his or her own right;
b
to any person who would have been empowered under articles 7 or 8 to request or, under Part 1 of Schedule 3, to require that it be furnished or produced to any person holding or acting in any office under or in the service of:
i
the Crown in respect of the Government of the United Kingdom;
ii
the Government of the Isle of Man;
iii
the States of Guernsey or Alderney or the Chief Pleas of Sark;
iv
the States of Jersey; or
v
the Government of any territory listed in Schedule 1;
c
on the authority of the Secretary of State, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to Iran decided upon by the Security Council of the United Nations; or
d
with a view to the institution of, or otherwise for the purposes of, any proceedings —
i
in the United Kingdom, for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence relating to customs; or
ii
for any offence under any law making provision with respect to such matters that is in force in any of the Channel Islands, the Isle of Man or any territory listed in Schedule 1 to this Order.
2
Any power conferred by articles 7 or 8 or Part 1 of Schedule 3 to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether the information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.
3
Each of the following persons shall be guilty of an offence under this Order, that is to say —
a
a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who:
i
without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under articles 7 or 8 by any person empowered to make it, or
ii
furnishes any document or information which to his or her knowledge is false in a material particular, or recklessly furnishes any document or information which is false in a material particular to such a person in response to such a request;
b
a charterer or an operator or a commander or a member of a crew of an aircraft or a driver of a vehicle who wilfully obstructs any such authorised officer or authorised person (or any person acting under the authority of any such person) in the exercise of his or her powers under articles 7 or 8.
4
Nothing in articles 6 to 9 or Schedule 3 shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles.
15
For article 11 substitute —
Customs Investigations
11
1
Where the Commissioners for Revenue and Customs or the Secretary of State investigate or propose to investigate any matter with a view to determining —
a
whether there are grounds for believing that an offence under article 4(3) or 4A(3) of this Order has been committed; or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter within the meaning of section 1(1) of the Customs and Excise Management Act 1979 (“ CEMA ”) .
2
Section 138 of CEMA (provision as to arrest of persons) shall apply to the arrest of a person for an offence under this Order as it applies to the arrest of a person for an offence under the customs and excise Acts.
3
Sections 145, 146, 146A, 147, 148, 150, 151, 152, 154 and 155 of CEMA (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under this Order as they apply in relation to offences and penalties under the customs and excise Acts.
4
For the purposes of the application of section 145 of CEMA to this Order, only offences related to contraventions of the provisions referred to in paragraph 1(a) are offences under the customs and excise Acts.
16
1
Article 12 is amended as follows —
2
For paragraphs (1) and (2) substitute —
1
Any person guilty of an offence under article 3(3), 4(3), 4A(3) or 5A(1) shall be liable —
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction —
i
in England and Wales or Scotland, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum or to both;
ii
in Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or both.
2
Any person guilty of an offence under article 5(2), article 9(3)(a)(ii), paragraph 5(b) or (d) of Schedule 2 or paragraph 15(1), (2) or (3) of Part 3 of Schedule 3 shall be liable —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction —
i
in England and Wales or Scotland, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum or to both;
ii
in Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or both.
3
In paragraph (4) for “article 9(3)(a), (b)(i) or (c)” substitute “article 9(3)(a)(i) or (b)”.
4
After paragraph 13 insert —
14
In paragraphs 1(b) and 2(b) as they apply to England and Wales in the case of an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, for “twelve months” substitute “six months”.
17
After Schedule 2 insert —
SCHEDULE 3
Enforcement powers in respect of ships
PART 1 THE POWERS
Power to stop, board, divert and detain
1
1
An authorised officer may stop and board the ship.
2
If the authorised officer thinks it is necessary for the exercise of the authorised officer’s functions, the authorised officer may require the ship to be taken to a port or anchorage:
a
in the United Kingdom, or
b
in any other country or territory willing to receive it,
and detain it there.
3
If the ship is stopped in waters landward of the baselines from which the territorial sea adjacent to the United Kingdom is measured or in the territorial sea adjacent to the United Kingdom, the authorised officer may require it to be taken to any place in those waters or that sea specified by the authorised officer.
4
For any purpose mentioned in sub-paragraph (1) to (3), the authorised officer may require the master or any member of the crew to take such action as may be necessary.
5
If a ship is detained by an authorised officer, that officer must serve on the master a notice in writing stating that it is to be detained until the notice is withdrawn by service on the master of a further notice in writing signed by an authorised officer.
6
Sub-paragraph (5) does not apply if it is not reasonably practicable to serve the notice on the master.
Power to search and obtain information
2
1
An authorised officer may search the ship, anyone on it and anything on it, including its cargo.
2
An authorised officer may require any person on the ship to give information concerning that person or anything on the ship.
3
Without prejudice to the generality of those powers an authorised officer may:
a
open any containers,
b
make tests and take samples of anything on the ship,
c
require the production of documents, books or records relating to the ship or anything on it,
d
make photographs or copies of anything the authorised officer has power to require to be produced.
Power in respect of suspected offence
3
If an authorised officer has reasonable grounds to suspect that an offence under article 4(3) or 4A(3) has been committed the authorised officer may:
a
arrest without warrant anyone on the ship whom the authorised officer has reasonable grounds for suspecting to be guilty of the offence, and
b
seize and detain anything found on the ship which appears to the authorised officer to be evidence of the offence.
Power in respect of identified prohibited items
4
If an authorised officer identifies on the ship any military goods or WMD goods prohibited to be carried from Iran under article 4(1) or WMD or military goods prohibited to be carried to Iran under article 4A(1), the authorised officer may seize the goods, detain them and dispose of them, either by destroying them or in such other manner as the authorised officer may decide.
Assistants
5
1
A person may be taken with an authorised officer to assist the authorised officer in the exercise of the authorised officer’s functions.
2
A person taken with an authorised officer under sub-paragraph (1) may perform any of the authorised officer’s functions under paragraphs 1 to 4 and 6 and 7 but only under the authorised officer’s supervision.
Use of force
6
1
An authorised officer may use reasonable force in the performance of the authorised officer’s functions.
2
Such force may be used only if:
a
the authorised officer or any person assisting the authorised officer is being obstructed in the performance of the authorised officer’s functions, or
b
it is necessary to ensure the safety of the authorised officer, any person assisting the authorised officer or any other person on board the ship.
Equipment
7
An authorised officer may take any equipment or materials to assist the authorised officer in the exercise of the authorised officer’s powers.
Evidence of authority
8
A person authorised to act as an authorised officer must, if required, produce evidence of that authority.
PART 2 JUDICIAL AUTHORISATION
Judicial authorisation: exercise of powers to divert and search
9
1
This paragraph applies where —
a
an authorised officer boards a ship under paragraph 1,
b
there are one or more persons on board the ship when it is boarded,
c
an authorised officer requires the ship to be taken to a place for the purposes of exercising any of the powers of search under paragraph 2(1), and
d
for the purposes of taking the ship to that place or for the purposes of exercising any of those powers of search, an authorised officer requires one or more of the persons on board to remain on the ship.
2
The persons may be required to remain on board the ship after the end of the period of 48 hours beginning with the time when the ship is boarded (“the 48 hour period”) only if —
a
the requirement is authorised by a judicial authority under sub-paragraph (4), or
b
the requirement is authorised by virtue of sub-paragraphs (6) and (7).
3
An application for authorisation by a judicial authority may be made by any authorised officer.
4
The judicial authority must authorise an authorised officer to require the persons to remain on board for a further period not exceeding 72 hours if satisfied —
a
that it is reasonable for an authorised officer to require the ship to be taken to the place in question for the purposes of exercising any of the powers of search under paragraph 2(1), and
b
that all reasonable steps are being taken to ensure that the ship arrives at the place, and that the search is completed, as soon as is practicable.
5
If the judicial authority does not authorise an authorised officer to require the persons to remain on board for a further period, any authorised officers on board the ship, and any persons taken with them under paragraph 5, must leave the ship as soon as it is practicable for them to do so without endangering themselves or any other person on board the ship.
6
Sub-paragraph (7) applies if all reasonable steps are taken by an authorised officer to obtain authorisation by a judicial authority but either —
a
it is not possible to make an application for authorisation before the end of the 48 hour period, or
b
although such an application is made within the 48 hour period, it is not determined during that period.
7
The persons may be required to remain on board the ship after the end of the 48 hour period but only for so long as is necessary to enable an application for authorisation to be made (if it has not already been made) and determined.
8
In subparagraph (1) the reference to an authorised officer includes a reference to a person taken with an authorised officer under paragraph 5.
9
In this paragraph and paragraph 10, “judicial authority” means either of the following —
a
a judge of the Administrative Court in the Queen’s Bench Division of the High Court;
b
a sheriff in Scotland.
10
1
This paragraph applies where a judicial authority gives authorisation under paragraph 9(4) (whether the authorisation is the first given in relation to the persons or, by virtue of sub-paragraph (2) below, the second or subsequent).
2
Sub-paragraphs (2) to (8) of paragraph 9 apply in relation to the persons as if the references in sub-paragraphs (2), (6)(a) and (b) and (7) to the 48 hour period were references to the further period authorised by the judicial authority.
11
1
An application made, or an authorisation given, under paragraph 9 may be made or given orally or in writing.
2
An application under that paragraph may be made and determined without notice to any of the persons required to remain on the ship.
3
Nothing in paragraph 9(5) prevents authorised officers (or persons taken with them under paragraph 5) who are required to leave the ship from taking with them anything that has been lawfully seized in the exercise of the powers conferred by Part 1 of this Schedule.
Judicial authorisation: arrested persons
12
1
This paragraph applies where an authorised officer arrests a person under paragraph 3(a).
2
The arrested person may be detained after the end of the period of 48 hours beginning with the time of the arrest (“the 48 hour period”) only if —
a
the detention is authorised by a judicial authority under sub-paragraph (4), or
b
the detention is authorised by virtue of sub-paragraphs (6) and (7).
3
An application for authorisation may be made by any authorised officer.
4
A judicial authority must authorise the detention of the person for a further period not exceeding 72 hours if satisfied —
a
that there are reasonable grounds to suspect that the person is guilty of an offence under article 4(3) or 4A(3),
b
that all reasonable steps are being taken to ensure that the person is brought as soon as is practicable to the United Kingdom to be dealt with in respect of the offence, and
c
that the detention of the person is necessary for one or more of the purposes mentioned in sub-paragraph (5).
5
Those purposes are —
a
to obtain evidence that the person has committed the offence, whether by questioning the person or otherwise;
b
to preserve evidence relating to the commission of the offence or to prevent the person interfering with witnesses;
c
to prevent the person evading, or attempting to evade, prosecution for the offence;
d
to prevent the person from being injured or from causing injury;
e
to prevent the person causing loss of, or damage to, property.
6
Sub-paragraph (7) applies if all reasonable steps are taken by an authorised officer to obtain authorisation by a judicial authority but either —
a
it is not possible to make an application for authorisation before the end of the 48 hour period, or
b
although such an application is made within the 48 hour period, it is not determined during that period.
7
The arrested person may be detained after the end of the 48 hour period but only for so long as is necessary to enable an application for authorisation to be made (if it has not already been made) and determined.
8
In subparagraph (1) any reference to an authorised officer includes a reference to a person taken with an authorised officer under paragraph 5.
9
In this paragraph and paragraph 13, “judicial authority” means either of the following —
a
a judge of the Administrative Court in the Queen’s Bench Division of the High Court;
b
a sheriff in Scotland.
13
1
This paragraph applies where a judicial authority authorises the continued detention of an arrested person under paragraph 12 (whether the authorisation is the first given in relation to the person or, by virtue of sub-paragraph (2) below, the second or subsequent).
2
Sub-paragraphs (2) to (8) of paragraph 12 apply in relation to the arrested person as if the references in sub-paragraphs (2), (6)(a) and (b) and (7) to the 48 hour period were references to the further period of detention authorised by the judicial authority.
14
1
An application made, or an authorisation given, under paragraph 12 may be made or given orally or in writing.
2
An application under that paragraph may be made and determined without notice to the arrested person.
3
Nothing in paragraph 12 applies in relation to the detention of a person at any time after that person’s entry into the United Kingdom to be dealt with in respect of the offence.
4
Nothing in paragraph 12 prevents an authorised officer exercising the powers conferred by paragraph 1(4) or 6 in relation to a person who is released from detention by virtue of paragraph 12.
PART 3 OFFENCES
15
1
It is an offence for a person intentionally to obstruct an authorised officer in the performance of any of the authorised officer’s functions under this Schedule.
2
It is an offence for a person to fail without reasonable excuse to comply with a requirement made by an authorised officer in the performance of those functions.
3
It is an offence for a person, in purporting to give information required by an authorised officer for the performance of those functions, to:
a
make a statement which that person knows to be false in a material particular or recklessly to make a statement which is false in a material particular, or
b
intentionally to fail to disclose any material particular.
4
In this paragraph any reference to an authorised officer includes a person taken with an authorised officer under paragraph 5.
18
After Schedule 3 insert —
SCHEDULE 4
Lists of WMD goods prohibited from being supplied to or procured from Iran pursuant to Security Council Resolutions 1737 (2006), 1803 (2008) and 1929 (2010)
S/2010/263 9 June 2010 List of items, materials, equipment, goods and technology related to ballistic missile programmes referred to in resolution 1929 (2010). INFCIRC/254/ Rev. 9/Part 1
and INFCIRC/254/Rev.8/Part 2
9 June 2010 List of items, materials, equipment, goods and technology related to nuclear programmes referred to in resolution 1929 (2010)
Judith Simpson
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Taxation of Chargeable Gains (Gilt-edged Securities) Order 2010.
Securities specified as gilt-edged securities
2
For the purposes of Schedule 9 to the Taxation of Chargeable Gains Act 1992 (Gilt-edged Securities) the following securities are specified —
4¼% Treasury Gilt 2049
4½% Treasury Gilt 2019
1¼% Index-Linked Treasury Gilt 2032
3¼% Treasury Gilt 2011
4% Treasury Gilt 2022
4¼% Treasury Gilt 2039
2¼% Treasury Gilt 2014
4½% Treasury Gilt 2034
3¾% Treasury Gilt 2019
0⅝% Index-Linked Treasury Gilt 2042
0½% Index-Linked Treasury Gilt 2060
4% Treasury Gilt 2060
2¾% Treasury Gilt 2015
0½% Index-Linked Treasury Gilt 2050
0⅝% Index-Linked Treasury Gilt 2040.
Steve McCabe
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd February 2010


text:
Citation, commencement and application
1
1
These Rules may be cited as the Infrastructure Planning (Examination Procedure) Rules 2010 and shall come into force on 1st March 2010.
2
Subject to paragraphs (3) to (5), these Rules apply to the examination of an application and specified matters by an Examining authority.
3
These Rules do not apply if the development to which the application relates (or part of the development) is the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line —
a
one end of which is in England or Wales, and
b
the other end of which is in Scotland.
4
Parts 1 and 2 of the Schedule to these Rules apply where the Secretary of State has received a request for a direction to be given.
5
Parts 1 and 3 of the Schedule to these Rules apply instead of rules 3 to 23 to the examination of closed evidence where the Secretary of State has made a direction.
Interpretation
2
1
In these Rules, unless otherwise defined in Part 1 of the Schedule to these Rules —
“the 2008 Act ” means the Planning Act 2008;
“accepted application” means an application that has been accepted under section 55 (acceptance of applications);
“address” includes any number or address used for the purposes of electronic transmission;
“affected person” means a person whose name has been given to the Commission in a notice under section 59 (notice of persons interested in land to which compulsory acquisition request relates);
“application” means an application for development consent under section 37 (application for orders granting development consent) and includes —
part of an application;
any accompanying documents and further representations made by the applicant; and
any amendments made to the application;
“assessor” means a person appointed by the chair to the Commission to assist and advise the Examining authority in its examination of an application;
“closed evidence” means any representation which is subject to a direction;
“Commissioner” means a person appointed by the Secretary of State as a Commissioner ;
“compulsory acquisition hearing” means a hearing held in accordance with section 92(3) (compulsory acquisition hearings);
“compulsory acquisition request” means a request for an order granting development consent to authorise compulsory acquisition of land or of an interest in or right over land;
“decision-maker”, in relation to an application for an order granting development consent —
where the Council or the Secretary of State has the function of deciding the application, means the Council or (as the case may be) the Secretary of State;
in any other case, means the Panel that has the function of deciding the application;
“direction” means a direction given by the Secretary of State under paragraph 2(6) of Schedule 3;
“electronic transmission” means a communication transmitted —
by means of an electronic communications network; or
by other means but in electronic form;
“Examining authority” means —
the Panel or single Commissioner appointed under section 65 (appointment of members, and lead member, of Panel) or section 79 (appointment of single Commissioner), and may include one or more members of the Panel allocated a function of the Panel in accordance with section 76 (allocation within Panel of Panel’s functions); or
the Secretary of State, where the Secretary of State has the function of examining an application following a direction under section 112(1) (power of Secretary of State to intervene), and may include any person appointed by the Secretary of State to act on the Secretary of State’s behalf;
“hearing” means an open-floor hearing, issue-specific hearing or compulsory acquisition hearing;
“interested party”, in relation to an application, means a person who is an interested party for the purposes of Chapter 4 of Part 6 ;
“issue-specific hearing” means a hearing held in accordance with section 91 (hearings about specific issues);
“national policy statement” means a statement designated under section 5(1) (national policy statements);
“open-floor hearing” means a hearing held in accordance with section 93 (open-floor hearings);
“Panel” means the Panel appointed under section 65 (appointment of members, and lead member, of Panel) to handle the application;
“preliminary meeting” means the meeting which the Examining authority is required to hold under section 88 (initial assessment of issues, and preliminary meeting);
“procedural decision”, in relation to an application, means a decision about how the application is to be examined;
“representation” includes evidence and references to the making of a representation include the giving of evidence;
“single Commissioner” means the Commissioner appointed under section 79 (appointment of single Commissioner) to handle the application;
“specified matters”, in relation to the application, means the matters specified in relation to that application in the Secretary of State’s direction under section 113(3)(a) (effect of intervention);
“statement of common ground” means a written statement prepared jointly by the applicant and any interested party, which contains agreed factual information about the application; and
“written representation” means the full particulars of the case which a person puts forward in respect of an application and includes any supporting evidence or documents.
2
Any reference in these Rules to a section, Part or Schedule by number is a reference to a section or Part of, or a Schedule to, so numbered in the 2008 Act.
Relevant representations, etc.
3
1
An interested party must ensure that their relevant representation is received by the Commission by whichever is the later of —
a
the deadline notified under section 56(4) (notifying persons of accepted applications) or
b
the deadline for receipt of representations included in the notice published in accordance with section 56(8).
2
Any interested party who submits a written comment on any relevant representation must ensure that it is received by the Commission by whichever is the later of —
a
the date on which the preliminary meeting is held; or
b
the date specified in the timetable referred to in rule 8.
3
The Commission may require in writing any person who has submitted a relevant representation or written comment to provide —
a
a specified number of additional copies of the representation or comment; and
b
such further information about the matters contained in the representation or comment as the Commission may specify,
and may specify the date by which the copies or information must be received by it.
4
Any person required to provide additional copies or further information must ensure that the additional copies or further information have been received by the Commission by the date specified.
5
As soon as practicable after receipt of any relevant representations, written comments on relevant representations or further information requested under paragraph (4)(b) the Commission must make the representations, comments or information available in accordance with rule 21.
Notice of appointment of a Panel or a single Commissioner
4
1
Where the Examining authority is a Panel or a single Commissioner, the chair must, before the preliminary meeting, notify all those who in accordance with section 56(2) (notifying persons of accepted applications) have been notified of an accepted application, that the Examining authority has been appointed and give details of who has been appointed.
2
Where —
a
a single Commissioner has been appointed as the Examining authority in relation to an application; and
b
the chair subsequently decides that the Examining authority should be a Panel,
the chair must notify all those who were notified in accordance with paragraph (1), and any other interested party, of the chair’s decision.
3
The chair must notify all those who were notified in accordance with paragraph (1), and any other interested party, of —
a
any change in the membership of the Panel or appointment of any replacement single Commissioner in accordance with section 82 (appointment of replacement single Commissioner); and
b
any direction given by the Secretary of State under section 112(1).
Initial assessment of issues
5
The Examining authority shall make its initial assessment under section 88(1) (initial assessment of issues, and preliminary meeting) within the period of 21 days that begins with the day after the day notified under section 56 (notifying persons of accepted application) as the deadline for the receipt of representations.
Notice of preliminary and other meetings
6
1
The Examining authority must give at least 21 days’ notice of the date, time and place of the meeting required by section 88(2) (in these Rules, “the preliminary meeting”), to all those whom it is required by section 88(3) to invite to the preliminary meeting, and to any other person it chooses to invite.
2
The Examining authority must, at the same time as giving notice of the preliminary meeting, notify all those invited to it of the matters to be discussed at the preliminary meeting.
3
Where the Examining authority holds any other meeting for the purposes of the examination to which these Rules apply, it shall arrange for such notice to be given of that meeting as appears to the authority to be necessary.
Preliminary meeting
7
1
The Examining authority shall preside at the preliminary meeting and shall determine —
a
the procedure at the preliminary meeting;
b
the matters to be discussed;
c
the amount of time to be allocated —
i
to each matter; and
ii
allowed for making any oral representations.
2
As soon as practicable after the end of the preliminary meeting, the Examining authority must prepare a note of the proceedings, and make the note available in accordance with rule 21 to all interested parties and anyone who attended the preliminary meeting.
Timetable
8
1
At the preliminary meeting, or as soon as practicable after the end of that meeting, the Examining authority must set the timetable for its examination of the application or specified matters, specifying in the timetable —
a
the date by which written representations must be received by the Examining authority;
b
the period within which the Examining authority will ask questions in writing and seek further written information about —
i
any matter contained in the application, specified matters or a relevant representation;
ii
any written representation; and
iii
any other matter it considers relevant to its examination of the application or specified matters;
c
the period within which the applicant will have the opportunity to comment in writing on —
i
any relevant or written representations; and
ii
any responses to written questions received from an interested party or others;
d
the period within which any interested party will have the opportunity to comment in writing on —
i
any relevant and written representations; and
ii
any responses to written questions received from an interested party or others;
e
the period within which the applicant and any interested party must agree a statement of common ground;
f
the date by which any interested party must notify the Examining authority of their wish to be heard at an open-floor hearing;
g
the date by which any affected person must notify the Examining authority of their wish to be heard at a compulsory acquisition hearing;
h
the date of any issue-specific hearing;
i
the date by which any summaries of relevant and written representations must be received by the Examining authority;
j
the date by which any local impact report must be received by the Commission and the period within which an interested party will have the opportunity to make written comments on that report; and
k
such other deadlines as the Examining authority considers necessary.
2
The Examining authority must send the timetable to all interested parties and any other person it has invited to the preliminary meeting.
3
The Examining authority may subsequently vary the timetable; and as soon as practicable after doing so it must notify the variation to all interested parties and any other person it has invited to the preliminary meeting.
Notice of procedural decisions
9
As soon as practicable after making any procedural decision, the Examining authority must notify all interested parties of the decision.
Written representations
10
1
An interested party must ensure that any written representation that party may wish to make is received by the Examining authority by the date specified in the timetable set under rule 8, or otherwise under this rule, by the Examining authority.
2
The Examining authority may at any time specify the date (being a date not earlier than the end of a period of 21 days) by which a written representation to be submitted from an interested party must be received by the Examining authority.
3
The Examining authority may permit a written representation to be made by any person who is not an interested party.
4
Any person, other than the applicant, who submits a written representation, must identify in their written representation those parts of the application or specified matters with which they agree and those parts with which they do not agree, and must state the reasons for such disagreement.
5
The Examining authority must provide all interested parties with the opportunity to comment in writing on any written representation relevant to the examination of the application or specified matters.
6
The Examining authority may in writing request —
a
a specified number of additional copies of any representation;
b
responses to questions posed by the Examining authority about the matters contained in any representation; and
c
such further information about the matters contained in any representation as the Examining authority may specify;
and shall specify the date by which these must be received by it.
7
Any person who receives a request in accordance with paragraph (6) above must ensure that the additional copies, responses to written questions or further information are received by the Examining authority by the date specified.
8
The Examining authority may disregard any written representations, responses to questions or further information received after the date, or the expiry of the period, specified for their receipt.
9
The Examining authority must make all written representations, responses to written questions and further information received by it available in accordance with rule 21 as soon as is practicable .
Appointment of assessor
11
The Examining authority must notify all interested parties of the name of any assessor, appointed under section 100 (assessors), and of the particular matters on which the assessor is to assist the Examining authority.
Appointment of barrister, solicitor or advocate
12
The Examining authority must notify all interested parties if a barrister, solicitor or advocate is appointed under section 101 (legal advice and assistance) give details of who has been appointed.
Notification of hearings
13
1
In fixing, and causing persons to be informed of, a deadline under section 92(2) (compulsory acquisition hearing) or 93(1) (open-floor hearing), the Examining authority must ensure that the deadline is at least 21 days after the date on which notice of the deadline is given.
2
The Examining authority may disregard any request for an open-floor hearing or for a compulsory acquisition hearing to be held which is received after the deadline.
3
As soon as practicable after the expiry of the deadline the Examining authority must notify —
a
all interested parties of the date, time and place fixed for any open-floor hearing or issue-specific hearing; and
b
affected persons of the date, time and place fixed for a compulsory acquisition hearing,
and ensure that at least 21 days’ notice is given of any hearing.
4
The Examining authority may vary the date, time and place fixed for any hearing and must give such notice of any variation as appears to it to be reasonable.
5
The place at which a hearing is to be held shall be determined by the Examining authority in consultation with the applicant and, where the Examining authority is satisfied, having regard to the nature of the application, that it is reasonable to do so, the Examining authority may direct that different parts of a hearing shall be held at different locations.
6
Unless the Examining authority otherwise directs, the applicant must not later than 21 days before the date fixed for the commencement of a hearing —
a
post and maintain a notice of the hearing in a conspicuous place or (in the case of an application for an order making provision for land-based linear works more than 5 kilometres in length) at intervals of not more than 5 kilometres on, or as close as is reasonably practicable to, the land to which the application relates;
b
post and maintain a notice of the hearing in one or more places where public notices are usually posted in the area to which the proposals contained in the application relate; and
c
publish a notice of the hearing by local advertisement in the area in which the proposals contained in the application are to have effect.
7
In this rule “by local advertisement” means —
a
by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated; and
b
where the Examining authority maintains a website for the purpose of advertisement of applications, by publication of the notice on the website.
8
Where a direction has been given under paragraph (5), paragraph (6) shall have effect with the substitution —
a
for references to the hearing, of references to the part of the hearing which is to be held at a place specified in the direction; and
b
for references to the application, of references to that part of the application which is to be the subject of that part of the hearing.
9
Any notice posted pursuant to paragraph (6)(a) or (b) must be readily visible to and legible by members of the public; but where, without any fault or intention of the applicant, the notice is removed, obscured or defaced before the commencement of the hearing, the applicant shall be treated as having complied with the requirements of those sub-paragraphs if the applicant has taken reasonable steps for the protection of the notice and, if need be, its replacement.
10
A notice of a hearing posted or published pursuant to paragraph (6) must contain a statement of the date, time and place of the hearing, and of the section of the 2008 Act under which the application has been made, together with a description of the proposals contained in the application sufficient to identify the location of the proposed development with or without reference to a specified map, and details of a place where a copy of the application can be inspected.
Procedure at hearings
14
1
The Examining authority shall preside at any hearing and shall determine the procedure at the hearing.
2
At the start of the hearing the Examining authority shall identify the matters to be considered at the hearing, and any matters on which the Examining authority requires further explanation from —
a
the persons entitled under section 91(3), 92(4) or 93(3) to make oral representations; or
b
the persons permitted under rule 14(10) to make oral representations.
3
Any oral representations must be based on either the relevant or written representations made by the person by whom or on whose behalf the oral representations are made; and where those relevant or written representations exceed 1500 words the person by whom they were made must prepare a summary.
4
Without prejudice to the Examining authority’s discretion as to the conduct of the hearing, nothing in paragraph (2) or (3) precludes a person from referring to issues which they consider relevant to the examination of an application or specified matters but which are not issues identified by the Examining authority pursuant to paragraph (2) or included in their relevant or written representations.
5
The Examining authority shall be responsible for the oral questioning of a person giving evidence (“A”) except where, in the view of the Examining authority, oral questioning of A by another person (“B”) is necessary in order to ensure —
a
adequate testing of any representation; or
b
that B has a fair chance to put B’s case.
6
The Examining authority may refuse to permit the oral questioning of persons giving evidence, or may require such questioning to cease, if it appears to the Examining authority that permitting such questioning or allowing it to continue (as the case may be) would have the effect that the timetable referred to in rule 8 could not be met.
7
The Examining authority may proceed with a hearing in the absence of a person entitled to appear at it.
8
The Examining authority may from time to time adjourn a hearing and, if the date, time and place of the adjourned hearing are announced at the hearing before the adjournment, no further notice shall be required.
9
Any person entitled or permitted to make oral representations at a hearing may do so on that person’s own behalf or be represented by any other person.
10
The Examining authority may permit any person, in addition to those who are entitled under section 91(3), 92(4) or 93(3), to make oral representations at a hearing.
Hearings
15
1
Where the Examining authority is a Panel, it may hold any two or more hearings relating to the same application concurrently; and where it does so and decides to allocate functions under section 76 (allocation within the Panel of the Panel’s functions), it must notify all interested parties of the details of the allocation.
2
The Examining authority may consider all compulsory acquisition requests relating to the same application at the same compulsory acquisition hearing or at separate compulsory acquisition hearings.
Site inspections
16
1
The Examining authority may make an unaccompanied inspection of any site to which the application or specified matters relate before or during its examination of the application or specified matters without giving notice of its intention.
2
The Examining authority may, before the completion of its examination of the application or specified matters, inspect any site to which the application or specified matters relate in the company of any interested party or their representative.
3
Where the Examining authority intends to make an inspection of the kind referred to in paragraph (2), it must notify all interested parties of the date, time and place at which it proposes to make the inspection.
4
The Examining authority shall not be bound to defer an inspection of the kind referred to in paragraph (2) where an interested party is neither present nor represented at the time appointed.
Further information
17
1
The Examining authority may at any time before the completion of its examination of an application or specified matters request further information or written comments from an interested party, who must supply such information by the date and in the manner specified by the Examining authority.
2
The Examining authority shall on receiving any further information or written comments within the specified period, consider whether or not a further opportunity to comment in writing should be given to all interested parties and, if so, the Examining authority shall specify a period for making any further written comments.
3
The Examining authority and the decision-maker may disregard any information or written comments received after the date specified or in a manner other than that specified.
Additional copies
18
1
The Examining authority may at any time before the completion of its examination of an application request from any interested party additional copies of any document sent to the Examining authority during the examination and specify the period within which and the manner in which the copies are to be supplied.
2
The interested party must supply the copies within the period and in the manner specified by the Examining authority.
Procedure after completion of examination
19
1
Where the Examining authority does not have the function of deciding an application, after the completion of its examination it must make a written report to the decision-maker.
2
The report must include the Examining authority’s —
a
findings and conclusions in respect of the application and any specified matters; and
b
recommendation as to the decision to be made on the application.
3
If after the completion of the Examining authority’s examination, the decision-maker —
a
differs from the Examining authority on any matter of fact mentioned in, or appearing to the decision-maker to be material to, a conclusion reached by the Examining authority; or
b
takes into consideration any new evidence or new matter of fact,
and is for that reason disposed to disagree with a recommendation made by the Examining authority, the decision-maker shall not come to a decision which is at variance with that recommendation without —
i
notifying all interested parties of the decision-maker’s disagreement and the reasons for it; and
ii
giving them an opportunity of making representations in writing to the decision-maker in respect of any new evidence or new matter of fact.
4
Rule 10 shall apply to any representation in writing made in response to the opportunity given under paragraph (3) subject to the following modifications —
a
for “Examining authority” there shall be substituted “decision-maker”;
b
for “written representation” there shall be substituted “representation in writing”; and
c
paragraphs (2) and (4) shall not apply .
Procedure following quashing of decision
20
1
Where a decision of the Council or a Panel in respect of an application is quashed in proceedings before any court, the chair of the Commission —
a
shall send to all interested parties a written statement of the matters with respect to which further representations in writing are invited for the purposes of the decision-maker’s further consideration of the application;
b
shall give all interested parties the opportunity of making representations in writing to the decision-maker in respect of those matters or of requesting a hearing, or if a hearing has been held, of requesting it to be re-opened.
2
Where a decision of the Secretary of State in respect of an application is quashed in proceedings before any court, the Secretary of State —
a
shall send to all interested parties a written statement of the matters with respect to which further representations in writing are invited for the purposes of the Secretary of State’s further consideration of the application;
b
shall give all interested parties the opportunity of making representations in writing to the Secretary of State in respect of those matters.
Availability and inspection of representations and documents
21
1
Relevant representations, written representations or documents must be made available by the Commission to all interested parties and to anyone who requests an opportunity to inspect and take copies of them.
2
A relevant representation, written representation or document shall be taken to be available where all interested parties are notified of —
a
publication of the relevant document on a website;
b
the address of the website;
c
the place on the website where the representation or document may be accessed, and how it may be accessed;
d
details of where and when copies of representations and documents may be inspected;
e
details of where and when representations and documents may be copied; and
f
whether a charge will be made for copies of any representation or document available for inspection and if so the amount of any charge.
3
Where the applicant or an interested party is under an obligation to give to any person who so requests an opportunity to inspect and take copies of any representation or document, the opportunity shall be taken to have been given where that person is notified of —
a
publication of the relevant representation or document on a website;
b
the address of the website;
c
the place on the website where the representation or document may be accessed, and how it may be accessed;
d
details of where and when copies of the representation or document may be inspected;
e
details of where and when any representation or document may be copied;
f
whether a charge will be made for copies of any representation or document available for inspection and if so the amount of any charge.
4
In this rule “document” means any notice, report or other document required or authorised to be sent or prepared under these Rules or under the 2008 Act
Form and service of notices etc.
22
1
Where under any provision of these Rules a person is required to notify another person or body of something, that notification must be in writing.
2
Any representation, notice or other document required or authorised to be sent under any provision of these Rules may be sent —
a
by sending it by post, addressed to that person at that person’s usual or last known place of abode, or in a case where an address for service has been given by that person, at that address;
b
by sending it in a prepaid registered letter, or by recorded delivery service addressed to that person at that person’s usual or last known place of residence, or in a case where an address for service has been give by that person, at that address; or
c
subject to paragraphs (3) to (6), by electronic transmission to such address as may for the time being be specified by the person for that purpose.
3
Where a representation, notice or other document required to be sent for any purpose of these Rules is sent by electronic transmission, the requirement shall be taken to be fulfilled where the recipient of the representation, notice or other document has consented, either in writing or by electronic transmission, to the use of electronic transmission.
4
Where the recipient of a representation, notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or any part of that representation, notice or other document, the sender must provide such a copy as soon as is reasonably practicable.
5
A person may revoke their consent to the use of electronic transmission for any purpose of these Rules by giving notice to that effect in writing or by electronic transmission, specifying the purpose for which electronic transmission may not be used and the date on which revocation is to take effect, being not less that 7 days after the date on which the notice is given.
6
A revocation under paragraph (5) shall take effect on the date specified in the notice.
Allowing further time
23
The Commission or the Examining authority may at any time and in any particular case allow further time for the taking of any step which must or may be taken by virtue of these Rules.
Closed evidence not to be disclosed
24
Nothing in these Rules shall be taken to require or permit closed evidence to be disclosed to a person other than —
a
the Secretary of State;
b
the parties; or
c
a person of any description specified in a direction.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Department for Justice
21st January 2010


text:
Citation, commencement and application
1
1
These Regulations —
a
may be cited as the Greater London Authority (Consolidated Budget Requirement Procedure) Regulations 2010, and
b
come into force on 14th January 2011.
2
These Regulations apply in relation to the financial year beginning on 1st April 2011 only.
Modification of the Greater London Authority Act 1999
2
In paragraph 3(4) (draft consolidated budget) of Schedule 6 to the Greater London Authority Act 1999, for “1st February” substitute “11th February”.
Signed by authority of the Secretary of State for Communities and Local Government
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
16th December 2010


text:
Citation
1
This Order may be cited as the Children and Young Persons Act 2008 (Commencement No. 3) (England) Order 2010.
Appointed day
2
15th November 2010 is the appointed day for the coming into force of the following provisions of the Children and Young Persons Act 2008 in relation to England —
a
section 8(2) and Schedule 1 in so far as they relate to paragraph 2(4) to (7) of that Schedule, and
b
section 15 (duty of local authority to ensure visits to looked after children and others) in so far as it inserts section 23ZA(1)(b) into the 1989 Act for the purpose only of enabling regulations to be made.
Tim Loughton
Parliamentary Under Secretary of State
Department for Education
10th November 2010


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2010 and come into force on 30th April 2010.
Amendment of Regulations
2
1
Regulation 27 (disclosure of registration and licensing particulars) of the Road Vehicles (Registration and Licensing) Regulations 2002 is amended as follows.
2
After paragraph (1)(a) insert —
aa
by the Department for Regional Development for any purpose connected with —
i
the investigation of a contravention to which Schedule 1 to the Traffic Management (Northern Ireland) Order 2005 (contraventions subject to penalty charges) applies; or
ii
the exercise of the Department’s powers under Article 18(1)(b) or 21(1)(b) of that Order (immobilisation or removal of vehicles);
.
3
At the end of paragraph (1)(d) omit “or”.
4
After paragraph (1)(d) insert —
da
on or after 30th April 2010 or the date of coming into force of section 144A of the 1988 Act (whichever is later), by the Motor Insurers’ Bureau (being the company of that name incorporated on 14th June 1946 under the Companies Act 1929 ) for any purpose connected with the exercise of any of the functions of the Secretary of State relating to the enforcement of an offence under section 144A of the 1988 Act ; or
.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
29th March 2010


text:
Citation and commencement
1
This Order may be cited as the Holocaust (Return of Cultural Objects) Act 2009 (Commencement) Order 2010.
2
The day appointed for the purposes of section 4(3) of the Holocaust (Return of Cultural Objects) Act 2009 (Commencement) is 13th January 2010.
Margaret Hodge
Minister of State
Department for Culture, Media and Sport
12th January 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Coroners and Justice Act 2009 (Commencement No. 4, Transitional and Saving Provisions) Order 2010.
2
In this Order, “the 2009 Act ” means the Coroners and Justice Act 2009.
Provisions coming into force on 6th April 2010
2
The provisions of the 2009 Act specified in the Schedule shall come into force on 6th April 2010.
3
Sections 74 to 83 and 85 of the 2009 Act (anonymity in investigations) shall come into force on 6th April 2010 in England and Wales.
4
1
The following provisions of the 2009 Act shall come into force on 6th April 2010 in the relevant local justice areas —
a
section 178 (repeals), so far as it relates to the provisions specified in sub-paragraph (b); and
b
in Part 3 of Schedule 23 (criminal evidence and procedure), the repeals relating to the Police and Criminal Evidence Act 1984 and section 57C of the Crime and Disorder Act 1998 .
2
The relevant local justice areas are —
a
in London: Barking and Dagenham; Barnet; Bexley; Brent; Bromley; Camden and Islington; City of London; City of Westminster; Croydon; Ealing; Enfield; Greenwich and Lewisham; Hackney and Tower Hamlets; Hammersmith and Fulham and Kensington and Chelsea; Haringey; Harrow Gore; Havering; Hillingdon; Hounslow; Kingston-upon-Thames; Lambeth and Southwark; Merton; Newham; Redbridge; Richmond-upon-Thames; Sutton; Waltham Forest; and Wandsworth; and
b
in Kent: Central Kent; East Kent; and North Kent.
Provisions coming into force on 4th October 2010
5
The following provisions of the 2009 Act shall come into force on 4th October 2010 —
a
section 52 (persons suffering from diminished responsibility (England and Wales));
b
section 56(2)(a) (repeal relating to abolition of common law defence of provocation);
c
section 57 (infanticide (England and Wales));
d
in section 177 (consequential etc amendments and transitional and saving provisions), subsection (1) so far as it relates to the provision specified in sub-paragraph (f);
e
section 178, so far as it relates to the provisions specified in sub-paragraph (g);
f
in Schedule 21 (minor and consequential amendments), paragraph 52;
g
in Part 2 of Schedule 23 (criminal offences), the repeals relating to —
i
the Homicide Act 1957 ; and
ii
the Criminal Justice Act 2003 .
6
The following provisions of the 2009 Act shall come into force on 4th October 2010 in England and Wales —
a
sections 54 and 55 (partial defence to murder: loss of control); and
b
section 56(1) (abolition of common law defence of provocation).
Transitional and saving provisions
7
1
Existing guidelines which have effect immediately before the coming into force, by virtue of article 2 and paragraph 8 of the Schedule, of section 125(1) of the 2009 Act (sentencing guidelines: duty of court) are to be treated as guidelines issued by the Sentencing Council for England and Wales under section 120 of the 2009 Act (sentencing guidelines).
2
The repeal of section 172 of the Criminal Justice Act 2003 (duty of court to have regard to sentencing guidelines), which takes effect by virtue of article 2 and paragraph 22(b)(iv) of the Schedule, shall have no effect where a court is sentencing an offender for, or exercising any other function relating to the sentencing of offenders in respect of, an offence committed before 6th April 2010.
3
The amendments to section 174 of the Criminal Justice Act 2003 (duty to give reasons for, and explain effect of, sentence), which take effect by virtue of article 2 and paragraph 20(b) of the Schedule, shall have no effect in relation to the sentencing of any offender for an offence committed before 6th April 2010.
4
The amendments to Schedule 21 to the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence), which take effect by virtue of article 5(f) and (g)(ii), shall have no effect in relation to the sentencing of any offender for an offence of murder committed before 4th October 2010.
5
In this article, “existing guidelines” has the meaning given in paragraph 28(2) of Schedule 22 to the 2009 Act.
Signed by the authority of the Lord Chancellor and Secretary of State.
Claire M Ward
Parliamentary Under Secretary of State
Ministry of Justice
16th March 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Children and Young Persons Act 2008 (Commencement No. 3, Saving and Transitional Provisions) Order 2010.
2
In this Order “ the Act ” means the Children and Young Persons Act 2008.
Appointed day for provisions coming into force in relation to England and Wales
2
1st April 2011 is the appointed day for the coming into force of the following provisions of the Act in relation to England and Wales —
a
section 17 (notification to appropriate officer of children in long-term care), and
b
section 18 (visits to children in long-term care) in so far as it is not already in force.
Appointed days for provisions coming into force in relation to England
3
16th December 2010 is the appointed day for the coming into force of section 1 of the Act (power to enter into arrangements for discharge of care functions) in relation to the following local authorities —
a
Bristol City Council,
b
Coventry City Council,
c
Lincolnshire County Council,
d
Norfolk County Council,
e
North Tyneside Council,
f
Northumberland County Council,
g
Peterborough City Council,
h
South Tyneside Council,
i
Wakefield Council, and
j
Warwickshire County Council.
4
1st April 2011 is the appointed day for the coming into force of the following provisions of the Act in relation to England —
a
section 8 (provision of accommodation and maintenance for children who are looked after by a local authority) and Schedule 1 in so far as they are not already in force,
b
section 9 (general duty of local authority to secure sufficient accommodation),
c
section 10 (independent reviewing officers) in so far as it is not already in force,
d
section 15 (duty of local authority to ensure visits to looked after children and others) in so far as it is not already in force,
e
section 16 (independent visitors for children looked after by a local authority) in so far as it is not already in force,
f
section 19 (support for accommodated children),
g
section 22 (assistance to pursue education or training) in so far as it is not already in force,
h
section 23 (extension of entitlements to personal adviser and to assistance in connection with education or training) in so far as it is not already in force,
i
section 24 (extension of power to make payments in cash),
j
section 25 (breaks from caring for disabled children) in so far as it is not already in force,
k
section 29 (notification of matters relating to persons carrying on or managing children’s homes etc ) in so far as it is not already in force, and
l
section 42 and Schedule 4 (repeals) in so far as they relate to the repeals set out in that Schedule which are not already commenced, with the exception of-
i
the repeal relating to section 5(1A) of the Care Standards Act 2000 , and
ii
the repeals relating to the Act.
Saving provision
5
Despite the coming into force of section 10(3) of the Act in accordance with article 4(c) and the associated repeal in Schedule 4 of the Act in accordance with article 4(l), section 26 of the 1989 Act continues to have effect without amendment for the purposes of paragraph 10(2)(l) of Schedule 6 to the 1989 Act .
Transitional provision
6
Despite the coming into force of section 22 of the Act in accordance with article 4(g), section 23CA(1) of the 1989 Act applies only where the notification referred to in section 23CA(1)(c) is given on or after 1st April 2011.
Tim Loughton
Parliamentary Under Secretary of State
Department for Education
15th December 2010