text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) Regulations 2010 and shall come into force on 31st December 2010.
Amendments to the Non-Domestic Rating Contributions (England) Regulations 1992
2
The Non-Domestic Rating Contributions (England) Regulations 1992 are amended as follows in relation to financial years beginning on or after 1st April 2011.
Rules for the calculation of non-domestic rating contributions
3
In Schedule 1 —
a
for paragraph 1(4), substitute —
4
A special authority’s non-domestic rating contribution for the financial year beginning on 1st April 2011 shall be the amount calculated under sub-paragraph (2) less £10,200,000.
;
b
in paragraph 4(4) —
i
for “2010”, substitute “2011”; and
ii
for “£84,442,000”, substitute “£84,000,000”; and
c
for Part II, substitute —
PART II Cost Factors
Name or description of authority Cost factor
The councils of the districts of Allerdale, Barrow-in-Furness, Carlisle, Copeland, Eden and South Lakeland 1.0035 The councils of the metropolitan districts of Bradford, Calderdale, Kirklees, Leeds and Wakefield 1.0042 The councils of the metropolitan districts of Knowsley, Liverpool, St Helens, Sefton and Wirral 1.0066 The councils of the districts of Ashfield, Bassetlaw, Broxtowe, Gedling, Mansfield, Newark and Sherwood, Nottingham and Rushcliffe 1.0088 The councils of the districts of Bournemouth, Christchurch, East Dorset, North Dorset, Poole, Purbeck, West Dorset and Weymouth and Portland 1.0096 The councils of the districts of Ashford, Canterbury, Dover, Gravesham, Maidstone, Medway, Shepway, Swale, Thanet, Tonbridge and Malling and Tunbridge Wells 1.0097 The councils of the metropolitan districts of Birmingham, Coventry, Dudley, Sandwell, Solihull, Walsall and Wolverhampton 1.0114 The councils of the districts of Braintree, Castle Point, Chelmsford, Colchester, Maldon, Rochford, Southend-on-Sea, Tendring and Uttlesford 1.0115 The councils of the districts of Corby, Daventry, East Northamptonshire, Kettering, Northampton, South Northamptonshire and Wellingborough 1.013 The councils of the districts of Cheshire East, Cheshire West and Chester, Halton and Warrington 1.0162 The councils of the districts of Cheltenham, Cotswold, Forest of Dean, Gloucester, Stroud and Tewkesbury 1.017 The councils of the districts of North Warwickshire, Nuneaton and Bedworth, Rugby, Stratford-on-Avon and Warwick 1.0187 The councils of the metropolitan districts of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford and Wigan 1.0189 The council of the district of Swindon 1.0234 The council of the County of Wiltshire 1.0234 The councils of the districts of Bedford, Central Bedfordshire, Luton, North Hertfordshire and Stevenage 1.0325 The councils of the districts of Cambridge, East Cambridgeshire, Fenland, Huntingdonshire, Peterborough and South Cambridgeshire 1.0351 The councils of the districts of Bath & North East Somerset, Bristol, South Gloucestershire and North Somerset 1.0376 The councils of the districts of Basingstoke and Deane, East Hampshire, Eastleigh, Fareham, Gosport, Hart, Havant, New Forest, Portsmouth, Rushmoor, Southampton, Test Valley and Winchester 1.038 The councils of the districts of Cherwell, Oxford, South Oxfordshire, Vale of White Horse and West Oxfordshire 1.0493 The councils of the districts of Basildon, Brentwood, Dartford, Epping Forest, Harlow, Sevenoaks and Thurrock 1.0775 The councils of the districts of Aylesbury Vale, Milton Keynes and Wycombe 1.0784 The councils of the districts of Broxbourne, Chiltern, Dacorum, East Hertfordshire, Hertsmere, South Bucks, St Albans, Three Rivers, Watford and Welwyn Hatfield 1.0788 The councils of the districts of Reading, West Berkshire and Wokingham 1.0816 The councils of the districts of Bracknell Forest, Crawley, Elmbridge, Epsom and Ewell, Guildford, Mole Valley, Reigate and Banstead, Runnymede, Slough, Spelthorne, Surrey Heath, Tandridge, Waverley, Windsor and Maidenhead and Woking 1.1087 The council of a district other than a district named, or falling within a description given, above 1 The councils of the boroughs of Barking and Dagenham, Bexley, Bromley, Croydon, Enfield, Haringey, Havering, Newham, Redbridge and Waltham Forest 1.0742 The councils of the boroughs of Barnet, Brent, Ealing, Harrow, Hillingdon, Hounslow, Kingston upon Thames, Merton, Richmond upon Thames and Sutton 1.1116 The councils of the boroughs of Camden, Greenwich, Hackney, Hammersmith and Fulham, Islington, Kensington and Chelsea, Lambeth, Lewisham, Southwark, Tower Hamlets, Wandsworth and Westminster 1.2259 The Common Council of the City of London 1.3932 The Council of the Isles of Scilly 1.5 The Isle of Wight Council 1.038 The councils of the counties of Cornwall, County Durham, Northumberland and Shropshire 1
Assumptions relating to provisional amounts
4
In Schedule 2 —
a
in paragraph 2(10) —
i
for “that day”, substitute “1st April of the year”; and
ii
for “that year”, substitute “the immediately preceding year”.
b
in paragraph 2(12), for “0.986”, substitute “0.948”; and
c
for the table in paragraph 8(1), substitute —
Name or description of authority Percentage
The council of a metropolitan district 1.3 The council of a non-metropolitan district which has the functions of a county council, the council of a county which has the functions of a district council and the Council of the Isles of Scilly 1.1 The council of a non-metropolitan district which does not have the functions of a county council 0.7 The council of an inner London borough and the Common Council of the City of London 1.2 The council of an outer London borough 1.3
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
13th December 2010


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the A1(M) Motorway (County of Durham) (Restriction on Use of Off-side Lanes) (Southbound) Regulations 2010 and they come into force on 31st March 2010.
Interpretation
2
In these Regulations —
“A1(M)” means the A1(M) Motorway in the County of Durham;
“carriageway” has the same meaning as in the Motorways Traffic (England and Wales) Regulations 1982 ;
“specified off-side lanes” means those right-hand or off-side lanes of the A1(M) southbound carriageway described in regulation 3; and
“traffic officer” means an individual designated as such by the Secretary of State, or by a person authorised by the Secretary of State, in accordance with section 2 of the Traffic Management Act 2004 .
Specified off-side lanes
3
The specified off-side lanes are —
a
the right hand or off-side lane of the A1(M) southbound carriageway starting from the point 1150 metres south of junction 61 and ending at the point 680 metres south of the Lumley New Road Bridge, a total of 2400 metres; and
b
the right hand or off-side lane of the A1(M) southbound carriageway starting from the point 100 metres north of the A177 Cornfield Lane Bridge and ending at the point 480 metres south of the Stobb Cross Lane Bridge, a total distance of 2400 metres.
Restriction of use of specified off-side lanes
4
No person is to cause or permit any heavy commercial vehicle to enter or proceed on the specified off-side lanes between the hours of 0700 and 1900 on any day.
Exceptions to the restriction on use of specified off-side lanes
5
The restriction in regulation 4 does not apply —
a
to any person using the specified off-side lanes in accordance with any —
i
direction given by a constable in uniform or traffic officer in uniform; or
ii
traffic sign ;
b
where it is necessary for a person to use the specified off-side lanes in order to avoid or prevent an accident;
c
to any vehicle being used by —
i
a constable in uniform;
ii
a traffic officer in uniform;
iii
a member of an ambulance service; or
iv
an employee of a fire and rescue authority;
where such vehicle is used in the exercise of their duties; or
d
where it is necessary for a person to use the specified off-side lanes to carry out in an efficient manner —
i
the maintenance, repair, cleaning, clearance, alteration or improvement of the southbound carriageway of the A1(M) in the vicinity of the specified off-side lanes;
ii
the removal of any vehicle from the southbound carriageway of the A1(M) in the vicinity of the specified off-side lanes; or
iii
the erection, laying, placing, maintenance, testing, alteration, repair or removal of any structure, works or apparatus in, on, under or over any part of the southbound carriageway of the A1(M) in the vicinity of the specified off-side lanes .
Signed by the authority of the Secretary of State
C.D. Mole
Parliamentary Under Secretary of State
Department for Transport
2nd March 2010


text:
Citation, application and commencement
1
This Order —
a
may be cited as the Highway Litter Clearance and Cleaning (Transfer of Responsibility) (England) (Amendment) Order 2010;
b
applies to England; and
c
comes into force on 8th November 2010.
Amendments to the 2009 Order
2
1
In the Highway Litter Clearance and Cleaning (Transfer of Responsibility) (England) Order 2009, column 2 of the Schedule is amended in accordance with the following paragraphs.
2
In relation to the third item, insert the words “to the boundary between the Borough of Elmbridge” before the words “and the Royal Borough of Kingston upon Thames”.
3
In relation to the fifth item, insert the words “and the Borough of Runnymede to the boundary between the Royal Borough of Windsor and Maidenhead” before the words “and the Borough of Spelthorne”.
4
In relation to the first sentence (referring to the A30) of the sixth item, insert the words “and the Royal Borough of Windsor and Maidenhead to the boundary between the Borough of Spelthorne” before the words “and the London Borough of Hounslow”.
5
In relation to the fourteenth item, for “at the junction” substitute “to the junction”.
Signed by authority of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
29th September 2010


text:
Citation and commencement
1
These regulations may be cited as the Working Tax Credit (Entitlement and Maximum Rate) (Amendment) Regulations 2010 and shall come into force on 15th April 2010.
Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
2
The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 are amended as follows.
3
In regulation 16(5) (change of circumstances) for sub-paragraph (b) substitute —
b
where the child care charges are decreased —
i
in a case where an award of child care charges is made for a fixed period, the length of which is known when the award is first made, the first day of the week following the end of that fixed period, and
ii
in all other cases, the first day of the week following the four consecutive weeks in which the change occurred.
.
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 2010


text:
Citation, commencement and effect
1
1
This Order may be cited as the Value Added Tax (Removal of Gas, Electricity, Heat and Cooling) Order 2010.
2
This Order comes into force on 1st January 2011 and has effect in relation to supplies made on or after that date.
Revocation of the Value Added Tax (Removal of Gas and Electricity) Order 2004
2
The Value Added Tax (Removal of Gas and Electricity) Order 2004 is revoked.
The application of paragraph 6(1) of Schedule 4 to the Value Added Tax Act 1994
3
Paragraph 6(1) of Schedule 4 (matters to be treated as supply of goods or services) to the Value Added Tax Act 1994 shall not apply to the removal of —
a
gas through a natural gas system situated within the territory of a member State or any network connected to such a system,
b
electricity, or
c
heat or cooling supplied through a network.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
8th December 2010


text:
Citation and commencement
1
This Order may be cited as the Overhead Lines (Exempt Installations) Order 2010 and comes into force on 1st March 2010.
Exempt installations
2
Section 16(3) of the Planning Act 2008 is amended as follows —
a
omit “or” at the end of paragraph (a);
b
after paragraph (b), insert —
, or
if section 37(1) of the Electricity Act 1989 (consent required for overhead lines) does not apply to it by virtue of the Overhead Lines (Exemption) (England and Wales) Regulations 2009 ( S.I. 2009/640 ), as amended by the Overhead Lines (Exempt Installations) (Consequential Provisions) Order 2010.
.
Hunt of Kings Heath
Minister of State
Department of Energy and Climate Change
9th February 2010


text:
PART 1 GENERAL
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Work at Height) Regulations 2010 and shall come into force on 6th April 2010.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Merchant Shipping Act 1995;
“access” and “egress” include ascent and descent;
“collective safeguard” means a system or device to prevent or arrest workers in general from falling while working at height, including a guardrail, barrier or safety net but excluding equipment for preventing or arresting the fall of an individual worker;
“ the Directive ” means Directive 2001/45/ EC of the European Parliament and of the Council amending Council Directive 89/655/ EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC ) ;
“the General Duties Regulations ” means the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 ;
“employer” means a means a person by whom a worker is employed under a contract of employment;
“Government ship” has the meaning given in section 308(4) of the Act;
“health and safety” includes the occupational health and safety of persons whilst on board a ship and whilst boarding or leaving a ship;
“ladder” means any ladder, including a fixed ladder, a grappling ladder, a stepladder, a pilot ladder and a rope ladder;
“personal suspension equipment” means suspended access equipment for use by an individual, and includes a bosun’s chair and abseiling equipment;
“rope” includes a line, wire, chain or webbing;
“rope access and positioning techniques” includes personal suspension equipment;
“ship” includes hovercraft;
“surveyor of ships” has the meaning given by section 256(9) of the Act;
“United Kingdom ship” means a ship which —
is a United Kingdom ship within the meaning of section 85(2) of the Act;
is a Government ship; or
is a hovercraft registered under the Hovercraft Act 1968 ;
“United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom;
“work at height” means —
work in any place on a ship, including —
work alongside an open hatch or other opening in the ship’s structure;
work in close proximity to, or supported from, the ship’s side;
work on a permanent stairway, gangway, or companionway in or on the ship (other than where that permanent stairway, gangway or companionway is used as a means of obtaining access to or egress from any place on the ship); or
obtaining access to or egress from any place on a ship while at work except by a permanent stairway, gangway or companionway in or on the ship where that permanent stairway, gangway or companionway is used for the purpose it was designed for;
where, if the measures required by these Regulations were not taken, a person could fall a distance liable to cause personal injury;
“work equipment” means any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not) and includes a working platform, means of preventing or arresting falls, personal suspension equipment and anything to which any provision of regulations 12 to 15 and Schedules 1 to 3 applies;
“the Work Equipment Regulations ” means the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006 and the Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006 ;
“the Work Equipment Directive ” means Council Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC ) , as amended by Council Directive 95/63/EC ;
“working platform” in relation to a ship, means any platform used as a place of work on the ship or as a means of access to or egress from a place of work on the ship, and —
includes any scaffold, scaffolding tower, suspended scaffold, cradle, mobile platform, trestle, gangway, run, gantry, stairway and crawling ladder (whether or not permanently attached to a ship);
does not include personal suspension equipment;
does not include a ship itself.
2
A reference in these Regulations to “application of the regulation 8 criteria” is a reference to following the process provided for in regulation 8.
3
Subject to paragraph (1) and regulation 3 , words and expressions used in these Regulations have the same meaning as in the Directive and the Work Equipment Directive.
4
In the application of these Regulations to a hovercraft, a reference to the master of a ship includes a reference to the captain of that hovercraft.
Meaning of “worker”
3
1
In these Regulations “worker” means any person employed under a contract of employment, including a trainee or apprentice other than a person who is training in a vessel which is being used —
a
to provide instruction in the principles of responsibility, resourcefulness, loyalty and team endeavour and to advance education in the art of seamanship; or
b
to provide instruction in navigation and seamanship for yachtsmen,
and which is operating under a relevant code.
2
In paragraph (1) “relevant code” means —
a
the Large Commercial Yacht Code as set out in Merchant Shipping Notice No. 1792(M), issued by the Maritime and Coastguard Agency, an executive agency of the Department for Transport;
b
the Code of Practice for the Safety of Small Commercial Sailing Vessels ;
c
the Code of Practice for the Safety of Small Commercial Motor Vessels ; or
d
the Code of Practice for the Safety of Small Vessels in Commercial Use for Sport or Pleasure Operating from a Nominated Departure Point .
3
In paragraph (2) each reference to a Code includes a reference to any document containing an amendment or replacement of that Code which is considered by the Secretary of State to be relevant from time to time.
Application
4
1
Without prejudice to regulation 5 of the General Duties Regulations, and subject to paragraphs (2) to (4), and regulation 5(1), these Regulations apply in relation to United Kingdom ships.
2
Where —
a
a ship is being used in the course of public service activities or activities for the purposes of the civil protection services; and
b
characteristics peculiar to those activities inevitably conflict with a provision of these Regulations,
that provision does not apply in relation to that ship to the extent of that conflict.
3
To the extent that a provision of these Regulations does not apply in relation to a ship because of paragraph (2) , there is in relation to that ship a duty on the employer to ensure, so far as is reasonably practicable, the health and safety of workers carrying out work at height.
4
This regulation (other than paragraph (1) ) and regulations 5 , 21 and 23 apply in relation to ships other than United Kingdom ships when they are in United Kingdom waters.
5
In paragraph (2) —
“civil protection services” includes the fire and rescue and ambulance services and search and rescue services provided by any other person;
“public service activities” includes the activities of the armed forces, HM Coastguard, HM Revenue and Customs, immigration officers, police, prison officers and the security and intelligence services.
Application of related legislation
5
1
These Regulations do not apply to the activities of a worker which are covered by the Work at Height Regulations 2005 or the Work at Height (Northern Ireland) Regulations 2005 .
2
The General Duties Regulations and the Work Equipment Regulations continue to apply to the provision and use of work equipment to which these Regulations apply; where these Regulations contain more stringent or specific provisions then such provisions apply.
3
Where applicable —
a
the Merchant Shipping (Means of Access) Regulations 1988 ;
b
the Merchant Shipping (Safe Movement on Board Ship) Regulations 1988 ;
c
the Merchant Shipping (Life Saving Appliances For Ships Other Than Ships Of Classes III To VI (A) Regulations 1999 ;
d
the Merchant Shipping (Life Saving Appliances For Passenger Ships Of Classes III To VI(A) Regulations 1999 ; and
e
the Merchant Shipping (Safety of Navigation) Regulations 2002 ,
continue to apply to equipment provided and used in accordance with those Regulations, but without prejudice to any more stringent or specific provisions contained in these Regulations where such equipment is used for the carrying out of work at height.
PART 2 DUTIES OF EMPLOYERS
Competence
6
The employer shall ensure that no person engages in any activity, including organisation, planning and supervision, in relation to work at height or work equipment for use in such work, unless that person is competent to do so or, if being trained, is being supervised by a person who is competent to supervise and do that activity.
Organisation of work at height
7
1
The employer shall ensure that work at height is —
a
properly planned;
b
appropriately supervised; and
c
carried out in a manner which is so far as is reasonably practicable safe,
and that the planning includes the selection of work equipment by application of the regulation 8 criteria.
2
The employer shall ensure that temporary work is not carried out at height where it is reasonably practicable to carry out the work safely otherwise than at height.
3
The references in paragraph (1) to planning of work include planning for emergencies and rescue situations.
Assessment and selection of work equipment for work at height
8
1
In identifying the measures required by this regulation, the employer shall take account in particular of —
a
the risk assessment required by regulation 7 of the General Duties Regulations (having regard to the general duties contained in regulation 5 of those Regulations and the particular risks of carrying out work at height);
b
the requirements of regulation 6 of the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006; and
c
the requirements of regulation 7 of the Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006.
2
The employer shall ensure that work equipment for temporary work at height provided for use or used by workers is the most suitable to ensure and maintain safe working conditions.
3
When providing work equipment in accordance with paragraph (2), the employer shall —
a
give collective protection measures priority over personal protection measures;
b
select work equipment that has characteristics including dimensions which —
i
are appropriate to the nature of the work to be performed;
ii
are appropriate to foreseeable loads and stresses;
iii
allow passage without danger; and
c
in the case of work equipment which is a means of access to a workplace at height —
i
select the most suitable work equipment taking into account the frequency of passage, the height to be negotiated and the duration of use;
ii
ensure the choice of work equipment permits evacuation in the event of imminent danger; and
iii
ensure that passage in either direction between the work equipment selected and a working platform does not give rise to any additional risk of falling.
Duty to minimise risks
9
1
The employer shall take appropriate measures to minimise the risks inherent in the work equipment for work at height selected by application of the regulation 8 criteria.
2
Where necessary, the measures taken under paragraph (1) shall include the installation of safeguards which shall be of a suitable configuration and strength —
a
to prevent, or where that is not possible, arrest falls from a height; and
b
as far as possible, to preclude injury to workers.
Weather conditions
10
The employer shall ensure that work at height, so far as is reasonably practicable, is carried out only when the weather conditions do not jeopardise the health or safety of persons involved in the work.
PART 3 SPECIFIC REQUIREMENTS
Application of this Part
11
The provisions of this Part apply in addition to the duties specified in Part 2.
Collective safeguards
12
1
The employer shall ensure that any collective safeguard provided in accordance with these Regulations is only interrupted at points of ladder, companionway or stairway access.
2
The employer shall ensure that, if a particular task requires the removal of a collective safeguard —
a
the task is not performed unless effective compensatory safety measures have been taken; and
b
the collective safeguard is reinstalled as soon as possible once the particular task is finished.
3
The duty in paragraph (2)(b) applies whether the task is finished on a temporary or permanent basis.
Ladders
13
1
The employer shall ensure that a ladder is only used as a place of work if the application of the regulation 8 criteria has demonstrated that the use of safer work equipment is not justified because of the low risk and —
a
the short duration of use of the ladder; or
b
existing features of the ship that the employer cannot alter.
2
Where a ladder is used, as a place of work or a means of access to or egress from a place of work at height, the employer shall ensure that the provisions of Schedule 1 are complied with.
Scaffolding
14
The employer shall ensure that scaffolding is not used for work at height unless the provisions of Schedule 2 are complied with.
Rope access and positioning techniques
15
1
The employer shall ensure that rope access and positioning techniques are not used for work at height unless —
a
the application of the regulation 8 criteria has demonstrated that —
i
the work can be performed safely; and
ii
the use of safer work equipment is not justified; and
b
the provisions of Schedule 3 are complied with.
2
Where rope access and positioning techniques are used for work at height, the employer shall provide the worker with a seat with appropriate accessories if it is appropriate to do so in the light of application of the regulation 8 criteria and, in particular, the duration of the task and the ergonomic constraints under which the worker will be working.
PART 4 DUTIES OF OTHER PERSONS
Duties of other persons
16
1
Where a person on whom a duty is imposed by any of the preceding provisions of these Regulations does not have control of the matter to which that provision relates because responsibility for the operation of the ship falls upon another person, that duty also extends to any other person who has control of that matter.
2
It is the duty of every worker while at work on a ship in relation to which these Regulations apply —
a
to make full and proper use of any work equipment provided by the employer in pursuance of these Regulations for that worker’s use for work at height; and
b
to comply with any instruction or training for the purposes of health or safety provided to that worker under —
i
regulation 9, 10 or 11 of the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006; or
ii
regulation 7, 10 or 16 of the Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006; or
iii
regulation 21 of the General Duties Regulations,
in so far as the instruction or training concerns work equipment to which these Regulations apply.
PART 5 OFFENCES, PENALTIES, INSPECTIONS AND DETENTIONS
Offences and penalties
17
1
A person who fails to comply with regulation 7 , 8 or 9 is guilty of an offence and liable —
a
on summary conviction to a fine not exceeding the statutory maximum, or
b
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).
2
A person who fails to comply with regulation 6 , 10 , 12 , 13 , 14 or 15 is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
3
A worker who fails to comply with regulation 16(2) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
4
Section 146(1) of the Act (enforcement of fines) applies to any fine imposed for an offence under paragraphs (1) and (2) as if the reference to proceedings against the owner or master of a ship for an offence under Chapter 2 were a reference to proceedings against any person for an offence under those paragraphs.
Offences by bodies corporate and partnerships
18
1
Where a body corporate is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person purporting to act in such a capacity, that person as well as the body corporate is guilty of that offence and is liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with that member’s functions of management as if that member were a director of the body corporate.
3
Where an offence under these Regulations committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of that offence and liable to be proceeded against and punished accordingly.
Onus of proving what is reasonably practicable
19
In any proceedings for an offence under these Regulations consisting of a failure to comply with a duty or a requirement to do something so far as is reasonably practicable, it shall be for the defendant to prove that it was not reasonably practicable to do more than was in fact done to satisfy that duty or requirement.
Detention of a United Kingdom ship
20
1
Where a surveyor of ships is satisfied that there is or has been a failure by an employer or other person referred to in regulation 16(1) to comply in relation to any United Kingdom ship with the preceding requirements of these Regulations, that ship is liable to be detained until a surveyor of ships is satisfied that those requirements are complied with.
2
A surveyor of ships may permit a ship which is liable to be detained under paragraph (1) to proceed to sea for the purposes of proceeding to the nearest appropriate repair yard.
3
A ship shall not under this regulation be delayed or detained unreasonably.
4
Where a ship is detained because in relation to it there has been a failure to comply with the requirements of these Regulations, and that failure has ceased, a person having power to detain the ship shall, at the request of the owner or master, immediately release the ship —
a
if no proceedings for an offence arising from the failure in question are instituted within the period of seven days beginning with the day on which the ship is detained;
b
if proceedings for an offence arising from the failure in question, having been instituted within that period, are concluded without the employer or other person having control of the matter in question being convicted;
c
if either —
i
the sum of £30,000 is paid to the Secretary of State by way of security, or
ii
security which, in the opinion of the Secretary of State, is satisfactory and is for an amount not less than £30,000 is given to the Secretary of State,
by or on behalf of the employer or other person having control of the matter in question;
d
where the employer or other person having control of the matter in question is convicted of an offence arising from the failure in question, if any costs or expenses ordered to be paid by that person, and any fine imposed on that person, have been paid; or
e
the release is ordered by a court or tribunal referred to in article 292 of the United Nations Convention on the Law of the Sea 1982 , and any bond or other financial security ordered by such court or tribunal is posted.
5
The Secretary of State shall repay any sum paid in pursuance of paragraph (4) (c) or release any security so given —
a
if no proceedings for an offence arising from the failure in question are instituted within the period of seven days beginning with the day on which the sum is paid; or
b
if proceedings for an offence arising from the failure in question, having been instituted within that period, are concluded without the employer or other person having control of the matter in question being convicted.
6
Where a sum has been paid, or security has been given, by any person in pursuance of paragraph (4) (c) and the employer or other person having control of the matter in question is convicted of an offence arising from the failure in question, the sum so paid or the amount made available under the security shall be applied as follows —
a
first in payment of any costs or expenses ordered by the court to be paid by the employer or other person having control of the matter in question; and
b
next in payment of any fine imposed by the court;
and any balance shall be repaid to the first-mentioned person.
7
Section 145 of the Act (interpretation of section 144) applies for the purposes of paragraphs (4) to (6) as if —
a
references to the master or owner of the ship were references to the employer or other person having control of the matter in question; and
b
references to an offence under section 131 were references to an offence arising from the failure in question.
Inspection and other measures in respect of ships registered outside the United Kingdom
21
1
When a ship which is not a United Kingdom ship is in United Kingdom waters, a relevant inspector may inspect that ship to ascertain whether the standards required in relation to United Kingdom ships by these Regulations are met in relation to that ship.
2
Where a surveyor of ships is satisfied that the standards required in relation to United Kingdom ships by these Regulations are not met in relation to a ship which is not a United Kingdom ship but is in United Kingdom waters, that surveyor of ships may —
a
send a report to the government of the State whose flag the ship is entitled to fly, and a copy to the Director General of the International Labour Office; and
b
where conditions on board are clearly hazardous to health or safety, take such measures as are necessary to ensure those conditions are rectified.
3
A ship to which paragraph (2)(b) applies is liable to be detained until a surveyor of ships is satisfied that those conditions are rectified.
4
A surveyor of ships may permit a ship which is liable to be detained under paragraph (3) to proceed to sea for the purposes of proceeding to the nearest appropriate repair yard.
5
If any of the measures specified in paragraph (2)(b) or (3) are taken, the surveyor of ships shall immediately notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly.
6
A ship shall not in the exercise of the power under this regulation be delayed or detained unreasonably.
7
In paragraph (1) , “relevant inspector” means a person mentioned in paragraph (a), (b) or (c) of section 258(1) of the Act .
Application of powers of inspectors in relation to Government ships
22
Sections 258 to 266 of the Act apply to these Regulations as if they were for all purposes made under section 85 (safety and health on ships) of the Act and accordingly those sections apply in relation to Government ships.
Enforcement of detention
23
1
Section 284 of the Act (enforcing detention of ship) applies where a ship is liable to be detained under these Regulations as if —
a
references to detention of a ship under the Act were references to detention of a ship in question under these Regulations; and
b
subsection (7) were omitted.
2
Where a ship is liable to be detained under these Regulations, the person detaining the ship shall serve on the master of the ship a detention notice which shall —
a
state that a surveyor of ships is of the opinion that in relation to that ship there is a failure to comply with the requirements of these Regulations;
b
specify the matters which, in the opinion of the surveyor of ships, have the effect that in relation to that ship those requirements are not met; and
c
require the terms of the notice to be complied with until the ship is released by any person mentioned in section 284(1) of the Act.
Right of appeal and compensation
24
Regulations 11 and 12 (right of appeal and compensation) of the Merchant Shipping (Port State Control) Regulations 1995 (which, by virtue of regulation 19 of these regulations, apply in relation to the exercise of powers of detention contained in safety regulations) apply in relation to a detention notice served on a Government ship under these Regulations as if these Regulations were for all purposes made under section 85 of the Act.
Prohibition on charging of workers
25
No charge in respect of anything done or provided in accordance with any requirement of these Regulations may be made or permitted to be made on any worker.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
11th February 2010


text:
Citation, commencement and interpretation
1
1
This Order —
a
may be cited as the Marine and Coastal Access Act 2009 (Commencement No.2 and Transitional Provisions) Order 2010, and
b
comes into force on 1st April 2010.
2
In this Order, “ the Act ” means the Marine and Coastal Access Act 2009.
Appointed day – 1st April 2010
2
1
Part 1 of the Schedule (provisions coming into force on 1st April 2010) has effect.
2
The day appointed for the coming into force of the provisions of the Act referred to in Part 1 of the Schedule is 1st April 2010.
Appointed day – 1st January 2011
3
1
Part 2 of the Schedule (provisions coming into force on 1st January 2011) has effect.
2
The day appointed for the coming into force of the provisions of the Act referred to in Part 2 of the Schedule is 1st January 2011.
Transitional provisions relating to sections 12 and 13 of the Act
4
1
Nothing in section 12 of the Act (certain consents under section 36 of the Electricity Act 1989 ) applies in relation to —
a
any consent under section 36 of the Electricity Act 1989 granted before the coming into force of section 12 of the Act;
b
any application for the granting of consent under section 36 of the Electricity Act 1989 which was made, but not determined or withdrawn, before the coming into force of section 12 of the Act.
2
Nothing in section 13 of the Act (safety zones: functions under section 95 of the Energy Act 2004 ) applies in relation to any application referred to in section 95(3)(a) of the Energy Act 2004 (application to issue notice under section 95) which was made, but not determined or withdrawn, before the coming into force of section 13 of the Act.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
8th February 2010


text:
1
This Order may be cited as the House of Commons Disqualification Order 2010.
2
Schedule 1 to the House of Commons Disqualification Act 1975 (offices the holders of which are disqualified for membership of the House of Commons) is amended in accordance with the Schedule to this Order.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Children’s Centres (Inspections) Regulations 2010 and come into force on 30th April 2010.
Prescribed intervals for inspections
2
1
This regulation applies to a children’s centre established on or before 31st August 2010.
2
The Chief Inspector must inspect the children’s centre —
a
on or before 31st August 2015, and
b
thereafter, on or before the fifth anniversary of the previous inspection of the centre.
3
1
This Regulation applies to a children’s centre established on or after 1st September 2010.
2
The Chief Inspector must inspect the children’s centre —
a
on or before the fifth anniversary of the date on which the centre was established, and
b
thereafter, on or before the fifth anniversary of the previous inspection of the centre.
Reports of inspections
4
1
A report of an inspection of a children’s centre made by the Chief Inspector for the purposes of section 98B(1) of the Childcare Act 2006 must deal with the quality of the leadership and management of the children’s centre, including in particular whether —
a
the financial resources made available to the children’s centre are managed effectively;
b
young children, parents and prospective parents in the area served by the children’s centre who would otherwise be unlikely to take advantage of the early childhood services offered through the centre are identified and encouraged to take advantage of those services;
c
the needs of young children, parents and prospective parents who attend, or are likely to attend, the children’s centre are identified, and early childhood services designed to meet those needs are delivered;
d
appropriate policies, procedures and practices for safeguarding and promoting the welfare of young children who attend, or are likely to attend, the children’s centre are adopted and implemented.
2
In this regulation “early childhood services”, “parent” and “prospective parent” have the same meaning as in section 2 of the Childcare Act 2006.
Dawn Primarolo
Minister of State
Department for Children, Schools and Families
31st March 2010


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Georgia) Order 2010.
Double taxation and international tax enforcement arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Protocol set out in the Schedule to this Order, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Georgia) Order 2004 , have been made with the Government of Georgia;
b
the arrangements have been made with a view to affording relief from double taxation in relation to income tax, corporation tax, capital gains tax and taxes of a similar character imposed by the laws of Georgia and for the purposes of assisting international tax enforcement; and
c
it is expedient that those arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
1
This Order may be cited as the South East Derbyshire College (Dissolution) Order 2010 and comes into force on 15th February 2010.
2
On 15th February 2010 the corporation is to be dissolved and all of its property rights and liabilities are to be transferred to Derby College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 15th February 2010 as if the reference in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 15th February 2010;
c
to the transferor were to the corporation; and
d
to the corporation were to Derby College.
Kevin Brennan
Minister for Further Education, Skills, Apprenticeships and Consumer Affairs
Department for Business, Innovation and Skills
19th January 2010


text:
Citation, commencement and application
1
1
This Order may be cited as the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2010 and shall come into force on 1st October 2010.
2
This Order applies in relation to England only.
Amendment of the Town and Country Planning (General Permitted Development) Order 1995
2
1
The Town and Country Planning (General Permitted Development) Order 1995 is amended as follows.
2
In article 6 (directions with immediate effect), in paragraph (5) for “Paragraph (11)(b) of article 5” substitute “Paragraph (8)(b)”.
3
In Part 3 of Schedule 2 (changes of use), for Class I substitute —
Class I
Permitted development
I
Development consisting of a change of the use of a building —
a
to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order from a use falling within Class C4 (houses in multiple occupation) of that Schedule;
b
to a use falling within Class C4 of that Schedule from a use falling within Class C3.
.
Signed by authority of the Secretary of State for Communities and Local Government
Grant Shapps
Minister of State
Department for Communities and Local Government
1st September 2010


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) Regulations 2010 and come into force on 1st April 2010.
2
The Value Added Tax Regulations 1995 are amended as follows.
3
In regulation 25A(12) (making of returns) —
a
in sub-paragraph (a) for “proved” substitute “presumed”, and
b
in sub-paragraph (b) omit “conclusively”.
4
In regulation 101(1) (attribution of input tax to taxable supplies), for “regulation 102 and 103A” substitute “regulations 102, 103A, 105A and 106ZA”.
5
In regulation 102(1) (use of other methods), for “and 103B” substitute “, 103B, 105A and 106ZA”.
6
Immediately before regulation 106, insert —
105A
1
Subject to regulation 106ZA(1), where, in relation to a taxable person, total input tax incurred less any input tax incurred on goods or services used or to be used exclusively in making taxable supplies —
a
in any prescribed accounting period, or
b
in any applicable longer period,
does not amount to more than £625 per month on average, all input tax incurred in that period shall be treated as attributable to taxable supplies provided that the value of exempt supplies does not exceed one half of the value of all supplies.
2
In the application of paragraph (1) above to a longer period —
a
any treatment of input tax as attributable to taxable supplies in any prescribed accounting period shall be disregarded, and
b
the amount of input tax incurred on goods or services used or to be used exclusively in making taxable supplies must reflect any changes in use or intention during that period.
3
In this regulation —
a
“taxable supplies” includes supplies of a description falling within regulation 103, and
b
“exempt supplies” means any supplies that are not taxable supplies.
.
7
In regulation 106(1) (treatment of input tax attributable to exempt supplies as being attributable to taxable supplies) for “Subject to regulation 106A” substitute “Where regulation 105A does not apply then, subject to regulations 106A and 106ZA(1)”.
8
After regulation 106, insert —
106ZA
1
A taxable person who —
a
was entitled to attribute his input tax to taxable supplies under regulation 105A(1)(b) or regulation 106(1)(b) in his immediately preceding longer period, and
b
does not expect to incur more than £1,000,000 input tax in his current longer period,
may treat input tax incurred in each prescribed accounting period within his current longer period as attributable to taxable supplies, provided that he does so for all of the prescribed accounting periods that fall within that longer period.
2
For the purposes of this regulation in relation to a taxable person, “immediately preceding longer period” means the longer period applicable to that person which ends immediately before the longer period in which the prescribed accounting period in respect of which he is making the attribution under paragraph (1) above falls.
.
9
In regulation 107(1) (adjustment of attribution) —
a
at the beginning, insert “Subject to regulation 105A(1)(b),”,
b
after “in accordance with a method”, insert “or treated an amount of input tax as attributable to taxable supplies under regulation 105A(1)(a) or regulation 106ZA(1)”,
c
in sub-paragraph (a), for “subparagraphs (b), (c) and (d) below” substitute “sub-paragraphs (b), (c), (d) and (da) below”,
d
after sub-paragraph (d), insert —
da
shall, where he has treated an amount of input tax as attributable to taxable supplies under regulation 105A(1)(a) or regulation 106ZA(1), determine for the longer period the amount of input tax that is attributable to taxable supplies in accordance with sub-paragraphs (a) to (d) above as appropriate,
.
Melanie Dawes
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
2nd March 2010


text:
Citation, commencement, and interpretation
1
1
These Regulations may be cited as the Controlled Drugs (Drug Precursors) (Intra-Community Trade and Community External Trade) Regulations 2010 and shall come into force on 15 th November 2010.
2
In these Regulations —
a
the “ Intra-Community Trade Regulations ” means the Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008 ;
b
the “ Community External Trade Regulations ” means the Controlled Drugs (Drug Precursors) (Community External Trade) Regulations 2008 ;
c
the “ 2004 Community Regulation ” means Regulation (EC) No. 273/2004 ;
d
the “ 2005 Community Regulation ” means Council Regulation (EC) No. 111/2005 ; and
e
“scheduled substance” and “operator” have the same meaning as in the 2004 Community Regulation or the 2005 Community Regulation, as the case may be.
Prescribed fee
2
1
Where a licence is, under regulation 4 of the Intra-Community Trade Regulations or regulation 4 of the Community External Trade Regulations, issued to a person for the first time, in relation to scheduled substances listed in category 1 of Annex I of the 2004 Community Regulation and scheduled substances listed in category 1 of the Annex of the 2005 Community Regulation respectively, the fee payable shall be £3,655.
2
Where a registration is, under article 3(6) of the 2004 Community Regulation or article 7(1) of the 2005 Community Regulation, issued to an operator for the first time, in relation to scheduled substances listed in category 2 of Annex I of the 2004 Community Regulation or listed in category 2 of the Annex of the 2005 Community Regulation respectively, the fee payable shall be £435.
3
Where a registration is, under article 7(1) of the 2005 Community Regulation, issued to an operator for the first time, in relation to scheduled substances listed in category 3 of the Annex of the 2005 Community Regulation, the fee payable shall be £435.
4
Where a licence is, under regulation 4 of the Intra-Community Trade Regulations or regulation 4 of the Community External Trade Regulations, issued to a person either who held such a licence issued under that same regulation on the date on which these Regulations come into force or who has on or since that date already been issued with such a licence, in relation to scheduled substances listed in category 1 of Annex I of the 2004 Community Regulation and scheduled substances listed in category 1 of the Annex of the 2005 Community Regulation respectively, the fee payable shall be —
a
in the case of a licence issued to a person in relation to whom the Secretary of State determines that an inspection is necessary in connection with securing compliance with the terms of the 2004 Community Regulation or the 2005 Community Regulation respectively before issuing such licence, £1,371; and
b
in the case of a licence issued to a person in relation to whom the Secretary of State determines that no such inspection is necessary before issuing such licence, £326.
5
Where a registration is, under article 3(6) of the 2004 Community Regulation or article 7(1) of the 2005 Community Regulation, issued to an operator either who held such a registration issued under that same regulation on the date on which these Regulations come into force or who has on or since that date already been issued with such a registration, in relation to scheduled substances listed in category 2 of Annex I of the 2004 Community Regulation or listed in category 2 of the Annex of the 2005 Community Regulation respectively, the fee shall be —
a
in the case of a registration issued to an operator in relation to whom the Secretary of State determines that an inspection is necessary in connection with securing compliance with the terms of the 2004 Community Regulation or the 2005 Community Regulation respectively, £1,153;
b
in the case of a registration issued to an operator in relation to whom the Secretary of State determines that no such inspection is necessary, £109.
6
Where a registration is, under article 7(1) of the 2005 Community Regulation, issued to an operator either who held such a registration on the date on which these Regulations come into force or who has on or since that date already been issued with such a registration, in relation to scheduled substances listed in category 3 of the Annex of the 2005 Community Regulation, the fee payable shall be —
a
in the case of a registration issued to an operator in relation to whom the Secretary of State determines that an inspection is necessary in connection with securing compliance with the terms of the 2005 Community Regulation, £1,153; and
b
in the case of a registration issued to an operator in relation to whom the Secretary of State determines that no such inspection is necessary, £109.
7
Where an export authorisation required by an operator under regulation 6(1) of the Community External Trade Regulations is issued, the fee payable shall be £24.
8
Where an import authorisation required by an operator under regulation 7(1) of the Community External Trade Regulations is issued, the fee payable shall be £24.
9
Where a person has lost a licence issued under any of the provisions in paragraphs (1) and (4) or where such licence has been defaced or damaged, or where a person has lost a registration issued under any of the provisions in paragraphs (2), (3), (5) and (6) or where such registration has been defaced or damaged, and that licence or registration is re-issued to him, the fee payable shall be £45.
James Brokenshire
Parliamentary Under-Secretary of State
Home Office
12th October 2010
We consent
Jeremy Wright
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
19th October 2010


text:
Citation, commencement and application
1
1
This Order may be cited as the Council Tax Limitation (Maximum Amounts) (England) Order 2010 and shall come into force on the day after the day on which it is made.
2
This Order applies to authorities in England only .
Maximum amounts
2
The amount which the amount calculated by Warwickshire police authority as its budget requirement for the financial year beginning in 2010 is not to exceed is £90,395,000.
Signed by authority of the Secretary of State for Communities and Local Government
Barbara Follett
Parliamentary Under Secretary of State
Department for Communities and Local Government
4th February 2010


text:
Citation and commencement
1
These Regulations may be cited as the Safeguarding Vulnerable Groups Act 2006 (Appropriate Officer and Schedule 7 Prescribed Persons) Regulations 2010 and come into force on 26th July 2010.
Interpretation
2
In these Regulations —
“the 2006 Act” means the Safeguarding Vulnerable Groups Act 2006;
“children’s charity” has the same meaning as in paragraph 4(4) of Schedule 4 to the 2006 Act;
“maintained school” means —
a community, foundation or voluntary school (referred to in section 20 of the School Standards and Framework Act 1998 ),
a community or foundation special school (referred to in that section), or
a maintained nursery school (as defined in section 22(9) of that Act);
“non-maintained special school” means a school approved by the Secretary of State under section 342 of the Education Act 1996 ;
“the Schedule 7 table” means the table in paragraph 1 of Schedule 7 to the 2006 Act
“vulnerable adults’ charity” has the same meaning as in paragraph 8(4) of Schedule 4 to the 2006 Act.
Appropriate officer
3
For the purposes of section 13(1) of the 2006 Act the head teacher is the appropriate officer for —
a
a maintained school or a non-maintained special school in England;
b
a school falling within section 19(2B) of the Education Act 1996 .
Prescribed persons for purposes of entry 19 of the Schedule 7 table
4
1
A person (A) falls within column 1 of entry 19 in the Schedule 7 table if A falls within column 1 of the following table.
2
Column 2 of the following table prescribes, for the purposes of column 2 of entry 19 in the Schedule 7 table, either children or vulnerable adults (as the case may be) in relation to the corresponding entry in column 1 of the table.
Column 1 Column 2
1
Head teacher of a maintained school or a non-maintained special school who is performing the function of checking whether B is suitable to serve on a committee established by the school’s governing body
Children
2
Head teacher of a maintained school or a non-maintained special school who is performing the function of checking whether B is suitable to be the clerk to the school’s governing body
Children
3
Teacher in charge of a school which falls within section 19(2) or (2B) of the Education Act 1996 but which does not provide full-time education to children when considering whether B is suitable to be a member of or clerk to a committee (established in accordance with regulations made under paragraph 15 of Schedule 1 to the Education Act 1996) which acts as the management committee of that school
Children
4
Local authority when considering whether B is suitable to be a member of a relevant local government body (as defined in paragraph 4(2) of Schedule 4 to the 2006 Act)
Children
5
Local authority when considering whether B is suitable to be a member of a relevant local government body (as defined in paragraph 8(2) of Schedule 4 to the 2006 Act)
Vulnerable adults
6
Trustee of a children’s charity when considering whether B is suitable to be appointed as a trustee of that charity
Children
7
Trustee of a vulnerable adults’ charity when considering whether B is suitable to be appointed as a trustee of that charity
Vulnerable adults
8
The Secretary of State performing functions under section 41 of, or Schedule 2 to, the Crime and Disorder Act 1998 when considering whether B is suitable to be a member of the Youth Justice Board for England and Wales
Children
9
The Secretary of State performing functions under Schedule 1 to the Children Act 2004 when considering whether B is suitable to be the Children’s Commissioner
Children
10
The Children’s Commissioner performing functions under Schedule 1 to the Children Act 2004 when considering whether B is suitable to be the deputy Children’s Commissioner
Children
11
The First Minister for Wales performing functions under regulations made under paragraph 2 of Schedule 2 to the Care Standards Act 2000 when considering whether B is suitable to be the Children’s Commissioner for Wales
Children
12
The Children’s Commissioner for Wales performing functions under Schedule 2 to the Care Standards Act 2000 when considering whether B is suitable to be the deputy Children’s Commissioner for Wales
Children
13
The First Minister for Wales performing functions under regulations made under paragraph 2 of Schedule 1 to the Commissioner for Older People (Wales) Act 2006 when considering whether B is suitable to be the Commissioner for Older People in Wales
Vulnerable adults
14
The Commissioner for Older People in Wales performing functions under Schedule 1 to the Commissioner for Older People (Wales) Act 2006 when considering whether B is suitable to be the deputy Commissioner for Older People in Wales
Vulnerable adults
15
The Secretary of State performing functions under paragraph 1 of Schedule 2 to the Criminal Justice and Court Services Act 2000 when considering whether B is suitable to be chairman or other member of the Children and Family Court Advisory and Support Service
Children
16
The Secretary of State performing functions under paragraph 5(4)(a) of Schedule 2 to the Criminal Justice and Court Services Act 2000 when considering whether B is suitable to be the chief executive of the Children and Family Court Advisory and Support Service
Children
17
The Secretary of State performing functions under paragraph 1(2) or 2(4) of Schedule 1 to the 2006 Act when considering whether B is suitable to be the chairman or other member, or chief executive, of the Independent Safeguarding Authority
Children
18
The Secretary of State performing functions under paragraph 1(2) or 2(4) of Schedule 1 to the 2006 Act when considering whether B is suitable to be the chairman or other member, or chief executive, of the Independent Safeguarding Authority
Vulnerable adults
19
Adoption Agency (within the meaning of section 2 of the Adoption and Children Act 2002 ) performing functions in accordance with regulations made under section 9 of that Act when considering whether B is suitable —
a
to adopt a child;
b
to live in premises in which a child is placed for adoption
Children
20
Bishop of a diocese in the Church of England performing functions under the Canons of the Church of England when considering whether B is suitable for ordination or admission to the office of priest, deacon, deaconess, reader or licensed lay worker, or considering whether to license or authorise B to serve in the Bishop’s diocese (where B has been ordained or admitted to the office of priest, deacon, deaconess, reader or licensed lay worker)
Children
21
Bishop of a diocese in the Church of England performing functions under the Canons of the Church of England when considering whether B is suitable for ordination or admission to the office of priest, deacon, deaconess, reader or licensed lay worker, or considering whether to license or authorise B to serve in the Bishop’s diocese (where B has been ordained or admitted to the office of priest, deacon, deaconess, reader or licensed lay worker)
Vulnerable adults
22
Person performing functions in relation to the approval or accreditation of B for any form of teaching, training, instruction, care or supervision when considering whether B is suitable to teach, train, instruct, care for or supervise children
Children
23
Person performing functions in relation to the approval or accreditation of B for any form of teaching, training or instruction when considering whether B is suitable to teach, train or instruct vulnerable adults
Vulnerable adults
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
28th March 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Landfill Tax (Amendment) (No. 2) Regulations 2010 and come into force on 1st November 2010.
2
In these Regulations “the Principal Regulations ” means the Landfill Tax Regulations 1996 .
Amendment of the Principal Regulations
2
In regulation 30(1) of the Principal Regulations (interpretation and general provisions) for ““income” includes interest” substitute —
“income” includes interest; or
a
the proportion of any proceeds attributable to the initial acquisition and disposal of an asset (or part of an asset) purchased with a qualifying contribution (or part of a qualifying contribution), or
b
the proportion of any proceeds attributable to any subsequent acquisition and disposal of an asset (or part of an asset) purchased with the proceeds (or part of the proceeds) of —
i
the initial acquisition and disposal representing the original qualifying contributions, or
ii
any subsequent acquisition and disposal representing the original qualifying contributions,
through any number of transactions.
Melanie Dawes
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
4th October 2010