text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the NHS Commissioning Board Authority Regulations 2011 and come into force on 31st October 2011.
2
In these Regulations —
“ the Act ” means the National Health Service Act 2006;
“the Authority” means the NHS Commissioning Board Authority established by article 2 of the NHS Commissioning Board Authority (Establishment and Constitution) Order 2011 ;
“the chair” means the chairman of the Authority;
“final outcome”, in relation to any proceedings where there are rights of appeal, means the outcome of proceedings —
once the period for bringing an appeal has expired without an appeal being brought; or
if an appeal is brought in accordance with those rights, once those rights have been exhausted;
“health service body” means —
a Strategic Health Authority, a Special Health Authority, a Primary Care Trust, an NHS trust, a Local Health Board or an NHS foundation trust ;
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 ;
the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service, Healthcare Improvement Scotland or an NHS trust constituted under, respectively, sections 4, 10, 10A or 12A of the National Health Service (Scotland) Act 1978 ;
the Care Quality Commission ;
the Health Protection Agency ;
the Independent Regulator of NHS Foundation Trusts ;
the Secretary of State;
the Northern Ireland Central Services Agency for Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972 ;
a special health and social services agency established under the Health and Personal Services (Northern Ireland) Order 1990 ;
a Health and Social Services Board constituted under the Health and Personal Services (Northern Ireland) Order 1972;
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 ; and
the Department of Health, Social Services and Public Safety for Northern Ireland;
“member”, except in regulation 3(1)(d), (2) and (3), means a member of the Authority, including the chair;
“non-officer member”, except in regulation (3)(2)(a), means a member who is not an officer of the Authority; and
“primary care list” means —
a list referred to in section 159(1)(a) to (e) of the Act ;
a list of persons undertaking to provide general medical services or general dental services prepared in accordance with regulations under section 29 or 36 of the National Health Service Act 1977 as the list existed on or before 31st March 2004;
a list of persons approved for the purposes of assisting in the provision of general medical services or general dental services prepared in accordance with regulations under section 43D(1) of the National Health Service Act 1977 as the list existed on or before 31st March 2004; or
a services list referred to in section 8ZA(1)(a) of the National Health Service (Primary Care) Act 1997 as the list existed on or before 31st March 2004.
Appointment and tenure of office of members
2
1
The non-officer members must be appointed by the Secretary of State.
2
Subject to regulation 5, the term of appointment of a non-officer member must be such period, not exceeding 4 years, as the Secretary of State specifies on making the appointment.
3
Subject to regulation 3, a non-officer member is, on the termination of his appointment, eligible for re-appointment as a non-officer member.
4
The Secretary of State must appoint the member who is to be the chief executive of the Authority.
5
The non-officer members and the chief executive must appoint the other members who are officers.
Disqualification for appointment
3
1
Subject to regulation 4, a person is disqualified for appointment as a non-officer member if —
a
that person has, within the period of five years immediately preceding the date of the proposed appointment, been convicted —
i
in the United Kingdom of any offence, or
ii
convicted outside of the United Kingdom of an offence which, if committed in any part of the United Kingdom, would constitute a criminal offence in that part,
and, in either case, the final outcome of the proceedings was a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
that person is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 , Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or sections 56A to 56K of the Bankruptcy (Scotland) Act 1985 (which relate to bankruptcy restrictions orders and undertakings);
c
that person has been dismissed within the period of five years immediately preceding the date of the proposed appointment, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
that person is a person whose term of appointment as the chairman, a member, a director or a governor of a health service body has been terminated on the grounds —
i
that it was not in the interests of, or conducive to the good management of, the health service body or of the health service that the person should continue to hold that office,
ii
that the person failed, without reasonable cause, to attend any meeting of that health service body for three successive meetings,
iii
that the person failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which that person had a pecuniary interest, or
iv
of misbehaviour, misconduct or failure to carry out the person’s duties;
e
that person —
i
is subject to a national disqualification by the First-tier Tribunal ,
ii
is subject to a national disqualification under a decision by the National Health Service Tribunal which is treated as a national disqualification by virtue of regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002 ,
iii
has been refused admission to a primary care list and was not subsequently nominated or approved for inclusion in a primary care list,
iv
is conditionally included in a primary care list ,
v
is suspended from a primary care list or treated as so suspended by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002,
vi
is contingently removed from a primary care list , or
vii
has been removed from a primary care list on any of the grounds set out in section 159(2), (3) or (4) of the Act or regulation 10(1)(a) or (b) or (4) of the National Health Service (Performers List) Regulations 2004 , or by a direction of the National Health Service Tribunal, and has not subsequently been included in such a list,
and in this sub-paragraph any reference to a provision in, or made under, the Act includes a reference to the provision corresponding to that provision in legislation relating to Scotland or Northern Ireland;
f
that person —
i
is subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 ,
ii
is subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002 , or
iii
is subject to an order made under section 429(2) of the Insolvency Act 1986 (disabilities on revocation of administration order against an individual); or
g
that person has at any time been removed —
i
from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners, the Charity Commission, the Charity Commission for Northern Ireland or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity —
aa
for which the person was responsible or to which the person was privy, or
bb
which the person by their conduct contributed to or facilitated, or
ii
under —
aa
section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of the Court of Session to deal with management of charities), or
bb
section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005 (powers of the Court of Session to deal with management of charities)
from being concerned in the management or control of any body.
2
For the purposes of paragraph (1)(c), a person is not to be treated as having been in paid employment by reason only of that person having been —
a
in the case of a health service body which is not an NHS trust or an NHS foundation trust, the chairman or a non-officer member of the health service body in question;
b
in the case of an NHS trust, the chairman or a non-executive director of, the NHS trust; or
c
in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of the NHS foundation trust.
3
In paragraph (2)(a), “non-officer member” means a member of a health service body who is not employed by that body.
Cessation of disqualification
4
1
A person who is disqualified under regulation 3(1)(c) may, on the expiry of the period of two years beginning on the date of the dismissal, apply in writing to the Secretary of State to have that disqualification removed.
2
Where a person makes an application under paragraph (1), the Secretary of State may direct that the disqualification of that person under regulation 3(1)(c) is to cease to have effect.
3
Where the Secretary of State refuses an application made by a person under paragraph (1) (“the first application”) no further application may be made by that person before the expiry of the period of two years beginning with the date of the first, or any subsequent, application under that paragraph.
4
Subject to paragraph (5), where a person is disqualified under regulation 3(1)(d), the disqualification is to cease to have effect on the expiry of the period of two years beginning on the date of the termination of the term of appointment, or such longer period as the Secretary of State may specify when the period of office is terminated.
5
Where a person who is disqualified under regulation 3(1)(d) applies to the Secretary of State, the Secretary of State may reduce the period of disqualification which applies in respect of that person.
Termination of term of appointment of non-officer members
5
1
A non-officer member may resign from that office at any time during the term of that member’s appointment by giving notice in writing to the Secretary of State.
2
Where the Secretary of State considers that it is not in the interests of, or conducive to the good management of, the Authority or of the health service that the term of appointment of a non-officer member should continue, the Secretary of State may terminate that member’s appointment with immediate effect by giving that member notice in writing to that effect.
3
If a non-officer member fails to attend three successive meetings of the Authority the Secretary of State must terminate that member’s appointment with immediate effect unless the Secretary of State is satisfied that —
a
the absence was due to a reasonable cause; and
b
the member will be able to attend meetings of the Authority within such a period as the Secretary of State considers reasonable.
4
Where a person has been appointed to be a non-officer member and becomes disqualified for appointment under regulation 3, that person must notify the Secretary of State in writing of such disqualification.
5
If it comes to the notice of the Secretary of State that at the time of a person’s appointment as a non-officer member the person was disqualified under regulation 3, the Secretary of State must declare that the person in question was not duly appointed and must notify that person in writing to that effect.
6
If it comes to the notice of the Secretary of State (whether under paragraph (4) or otherwise) that a person appointed as a non-officer member has, since the appointment, become disqualified under regulation 3, the Secretary of State must notify that person in writing of such disqualification.
7
When a person receives a notification under paragraph (5) or (6), that person’s term of appointment, if any, is terminated with immediate effect and that person is to cease to act as a non-officer member.
8
If it appears to the Secretary of State that a non-officer member has failed to comply with regulation 13, the Secretary of State may terminate that member’s appointment with immediate effect by giving that member notice in writing to that effect.
Suspension of non-officer members
6
1
The Secretary of State may suspend a non-officer member from office while the Secretary of State considers whether —
a
to remove the member under regulation 5(2) or (8); or
b
the member has become disqualified for appointment under regulation 3, or was so disqualified at the time of appointment.
2
The Secretary of State must give notice to the member of the decision to suspend and the suspension is to take effect on the date on which the notification is received by the member.
3
A notice under paragraph (2) may be —
a
delivered in person to the member, in which case the member is treated as receiving it when it is delivered; or
b
sent by first class post to the member’s last known postal address in which case the member is treated as receiving it on the third day after the day on which is was posted.
4
The initial period of suspension must not exceed 6 months.
5
The Secretary of State may review the member’s suspension at any time.
6
The Secretary of State may review the member’s suspension if requested in writing by the member to do so, but need not carry out a review if a period of less than 3 months has elapsed since the beginning of the initial period of suspension.
7
Following a review, the Secretary of State may —
a
revoke the member’s suspension; or
b
suspend the member for another period of not more than 6 months from the expiry of the current period.
8
The Secretary of State must revoke the member’s suspension if at any time the Secretary of State decides that —
a
there are no grounds to remove the member from office under regulation 5(2) or (8);
b
there are such grounds but the Secretary of State is not minded to remove the member from office under those provisions; or
c
the member is not disqualified for appointment under regulation 3.
Appointment of vice-chair
7
1
The members may appoint one of the non-officer members, other than the chair, to be vice-chair for such period, not exceeding the remainder of that person’s term as a member, as they may specify on the appointment.
2
Any member appointed under paragraph (1) may at any time resign from the office of vice-chair by giving notice in writing to the chair or, if the office of chair is vacant, the members.
3
This regulation does not apply where regulation 8 applies.
Appointment of vice-chair when chair is suspended
8
1
This regulation applies where the chair is suspended under regulation 6.
2
If a vice-chair has been appointed under regulation 7(1) that appointment is to cease to have effect.
3
The Secretary of State may re-appoint the person mentioned in paragraph (2) or appoint another non-officer member to be the vice-chair.
4
The appointment of a vice-chair under paragraph (3) must be for a period not exceeding the shorter of —
a
the period for which the chair is suspended; and
b
the remainder of the non-officer member’s term of appointment as a member.
5
When the period for which a member is appointed as vice-chair expires, the Secretary of State may re-appoint the member as vice-chair or appoint another non-officer member as vice-chair.
6
Any person appointed under paragraph (3) or (5) may at any time resign from office of vice-chair by giving notice in writing to the Secretary of State.
7
A notice given under paragraph (6) takes effect —
a
where a date is specified in the notice as that on which the resignation is to take effect, on that date; or
b
in any other case, on the date that the notice is received by the Secretary of State.
8
The Secretary of State may terminate a person’s appointment as vice-chair under paragraph (3) or (5) if the Secretary of State is of the opinion that it would be in the best interests of the Authority for another non-officer member to be vice-chair.
9
If —
a
a person resigns from the office of vice–chair under paragraph (6); or
b
the Secretary of State terminates a person’s appointment as vice-chair under paragraph (8),
the Secretary of State may appoint another non-officer member as vice-chair under paragraph (3).
Powers of vice-chair
9
1
This regulation applies where —
a
the chair is suspended under regulation 6 and a non-officer member is appointed to be vice-chair under regulation 8; or
b
a non-officer member is appointed to be vice-chair under regulation 7 and —
i
the office of chair is vacant for any reason, or
ii
the chair is unable to perform his duties as chair owing to illness, absence or any other cause.
2
Where this regulation applies —
a
the vice-chair is to act as chair until a new chair is appointed or the existing chair resumes the chair’s duties, as the case may be; and
b
references to the chair in the Schedule are, for so long as there is no chair available to perform the duties of the chair, to be taken to include references to the vice-chair.
Appointment of committees and sub-committees
10
1
Subject to such directions as may be given by the Secretary of State, the Authority may, and if so directed by the Secretary of State must, appoint committees of the Authority which may consist wholly or partly of members of the Authority or wholly of persons who are not members of the Authority.
2
A committee appointed under this regulation may, subject to such directions as may be given by the Secretary of State or the Authority, appoint sub-committees which may consist wholly or partly of members of the committee (whether or not they are members of the Authority) or wholly of persons who are not members of the Authority or the committee.
3
Subject to such directions as may be given by the Secretary of State, regulations 3 and 4 apply to the appointment of members of committees and sub-committees appointed under this regulation as they apply to the appointment of members of the Authority.
Arrangements for the exercise of functions
11
Subject to such directions as may be given by the Secretary of State, the Authority may make arrangements for the exercise on behalf of the Authority of any of its functions by a committee or sub-committee appointed by virtue of regulation 10 or by an officer of the Authority, in each case subject to such restrictions and conditions as the Authority thinks fit.
Meetings and proceedings
12
1
The meetings and proceedings of the Authority are to be conducted in accordance with the rules set out in the Schedule and with standing orders made under paragraph (2).
2
Subject to the rules set out in the Schedule, to regulation 13 and to such directions as may be given by the Secretary of State, the Authority must make, and may vary or revoke, standing orders for the regulation of its proceedings and business, including provision for the suspension of all or any of the standing orders.
3
Subject to such directions as may be given by the Secretary of State, the Authority may make, vary and revoke standing orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Authority.
4
Subject to standing orders referred to in paragraph (3), the quorum, proceedings and place of meeting of a committee or sub-committee of the Authority are to be such as the committee or sub-committee may determine.
Disability of members in proceedings on account of pecuniary interest
13
1
This paragraph applies where a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the Authority at which the contract, proposed contract or other matter is the subject of consideration.
2
Subject to the following provisions of this regulation, where paragraph (1) applies in respect of a member, the member must at the meeting and as soon as practicable after its commencement, disclose the interest and must not take part in the consideration or discussion of the contract, proposed contract or other matter or vote on any question with respect to it.
3
The Secretary of State may, subject to such conditions as the Secretary of State thinks fit to impose, remove any disability imposed by this regulation in any case in which it appears to the Secretary of State to be in the interests of the health service that the disability should be removed.
4
The Authority may, by standing orders made under regulation 12(2), provide for the exclusion of a member from a meeting of the Authority while any contract, proposed contract or other matter in which the member has a pecuniary interest, direct or indirect, is under consideration.
5
Any remuneration, compensation or allowances payable to a member by virtue of paragraph 2 of Schedule 6 to the Act (pay and allowances) is not to be treated as a pecuniary interest for the purpose of this regulation.
6
Subject to paragraphs (3) and (7), the member must be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
the member, or their nominee, is a director of a company or other body with which the contract was made or is proposed to be made, or which has a direct pecuniary interest in the other matter under consideration; or
b
the member is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration,
and in the case of two persons living together as a couple (whether married or not) the interest of one is, if known to the other, to be deemed for the purpose of this regulation to be also an interest of the other.
7
A member is not to be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of membership of a company or other body, if the member has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which the member is connected as mentioned in paragraph (6) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence the member in the consideration or discussion of, or voting on, any question with respect to that contract, proposed contract or other matter.
8
Where a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which the chair or member has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation does not prohibit the member from taking part in the consideration or discussion of the contract, proposed contract or other matter, or from voting on any question with respect to it but in such circumstances the member must nonetheless disclose the interest.
9
This regulation applies to a committee or sub-committee as it applies to the Authority and applies to a member of any such committee or sub-committee (whether or not the member is also a member of the Authority) as it applies to a member of the Authority.
10
In this regulation —
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or debenture, or
rights (whether actually or contingent) in respect of money lent to, or deposited with, any industrial or provident society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Reports by the Authority
14
The Authority must make such reports to the Secretary of State in such manner and at such time as the Secretary of State may direct, and must furnish to the Secretary of State such information as the Secretary of State may from time to time require.
Public meeting
15
If, under regulation 14, the Secretary of State directs the Authority to make an annual report to the Secretary of State for any particular year or for each year, the Authority must present the report at a public meeting held not later than 30 days after the date on which the report was made.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
12th September 2011


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Traffic Management (London Borough of Hillingdon) Permit Scheme Order 2011 and comes into force on 28th November 2011.
Interpretation
2
In this Order —
“the London Borough of Hillingdon Permit Scheme” means the permit scheme set out in the Schedule to this Order in terms commonly known as the “London Permit Scheme” which was prepared and submitted to the Secretary of State by the London Borough of Hillingdon and has been approved by the Secretary of State; and
“specified streets” has the meaning given by regulation 8 of the Traffic Management Permit Scheme (England) Regulations 2007 .
Commencement of Permit Scheme
3
The London Borough of Hillingdon Permit Scheme comes into effect on 28th November 2011.
Application of Part 8 of the Traffic Management Permit Scheme (England) Regulations 2007
4
Part 8 of the Traffic Management Permit Scheme (England) Regulations 2007 shall apply to the specified streets within the London Borough of Hillingdon Permit Scheme.
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
26th October 2011


text:
Citation and Commencement
1
This order may be cited as the Multiplex Licence (Broadcasting of Programmes in Gaelic) (Revocation) Order 2011 and comes into force on 23rd May 2011.
Revocation of Orders
2
The following Orders are revoked —
a
The Multiplex Licence (Broadcasting of Programmes in Gaelic) Order 1996 ; and
b
The Multiplex Licence (Broadcasting of Programmes in Gaelic) Order 2008 .
Ed Vaizey
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
26th April 2011


text:
Citation and commencement
1
These Regulations may be cited as the School Finance (England) (Amendment) Regulations 2011 and come into force on 10th April 2011.
Amendment of the School Finance (England) Regulations 2011
2
1
The School Finance (England) Regulations 2011 are amended as follows.
2
For paragraph 30 of Schedule 2, substitute —
30
1
Subject to paragraph (2), expenditure on library services for primary and special schools, provided that the local authority —
a
notify the governing body of each school which does not receive funding for library services in its budget share of the amount attributable to library services for that school; and
b
allow the governing bodies of those schools to determine whether the expenditure on library services in respect of their school is to be spent by —
i
the authority in themselves providing library services to the school; or
ii
the authority procuring library services from another local authority.
2
Expenditure of the description referred to in paragraph (1) may not be deducted where —
a
funding for library services in respect of a particular school was delegated before April 1999 and remains delegated; or
b
the governing body of any primary or special school have elected to receive funding for library services as part of their school’s budget share.
.
Jonathan Hill
Parliamentary Under Secretary of State
Department for Education
14th March 2011


text:
Citation and commencement
1
These Regulations may be cited as the Pensions Appeal Tribunals Act 1943 (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Regulations 2011 and will come into force on 9th May 2011.
Interpretation
2
In these Regulations —
“ 2011 Order ” means the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 ;
“benefit” means a benefit payable under the 2011 Order .
Specified decisions capable of appeal
3
1
Subject to paragraph (2), the following decisions are specified for the purposes of section 5A(2) of the Pensions Appeal Tribunals Act 1943, that is a decision which —
a
determines whether a benefit is payable;
b
determines the amount payable under an award of benefit; and
c
is issued under article 26(6) (refusal to make a temporary award permanent etc. ) or 26(8) (addition of new descriptor) of the 2011 Order, relating to the making of a permanent award.
2
The following decisions are not specified decisions, that is a decision which —
a
makes or arises from the making of an interim award under article 52(1) of the 2011 Order;
b
suspends the payment of an award of benefit;
c
makes or arises from the making of a temporary award under article 26(2) of the 2011 Order;
d
determines whether a fast payment is made under article 27(1) of the 2011 Order;
e
relates to the payment, in whole or in part, of medical expenses under article 28(1) of the 2011 Order.
Revocation
4
The following instruments are revoked —
a
The Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Regulations 2005 ;
b
The Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Amendment Regulations 2006 .
Andrew Robathan
Parliamentary Under Secretary of State
Ministry of Defence
9th May 2011


text:
Citation and commencement
1
1
These Regulations may be cited as the Airports Slot Allocation (Amendment) Regulations 2011 and come into force on 1st August 2011.
2
They cease to have effect at the end of 31st December 2012.
Preliminary
2
The Airports Slot Allocation Regulations 2006 are amended as follows.
Interpretation
3
In regulation 2(1) (interpretation), after the definition of “1993 regulations”, insert —
“Olympic coordinated airport” means an airport which is designated, on or after 1st August 2011, as a coordinated airport in accordance with paragraph 6 of Article 3 of the council regulation by reason of the Olympic Games;
“Olympic Games” means that part of the London Olympics which consist of the Games more particularly described in section 1(1)(a) of the London Olympic Games and Paralympic Games Act 2006 ;
.
The coordinator
4
In regulation 4 (the schedules facilitator and the coordinator) —
a
in paragraph (2), after “airport shall”, insert “, subject to paragraph (2A),”;
b
after paragraph (2) insert —
2A
In relation to an Olympic coordinated airport, the Secretary of State shall appoint a person as the coordinator for that airport.
;
c
in paragraph (4) —
i
after “paragraph (2)” insert “or (2A) respectively”; and
ii
after “the managing body” insert “or, as the case may be, the Secretary of State”;
d
in paragraph (9), after “regulation shall”, insert “, subject to paragraph (9A),”;
e
after paragraph (9) insert —
9A
The Secretary of State may, by written notice served on the managing body of an Olympic coordinated airport and the coordinator for that airport, withdraw the appointment of that coordinator if the Secretary of State is satisfied that a breach of paragraph (4) or (5) has occurred in relation to that person.
;
f
after paragraph 10 insert —
10A
Where an appointment under paragraph (2A) ceases to have effect in accordance with paragraph (10) it shall also be without prejudice to any rights or liabilities acquired or incurred by —
a
the managing body of London City Airport, Gatwick Airport, Heathrow Airport and Stansted Airport; and
b
the coordinator to whom the appointment relates,
in connection with regulation 4A(1)(b).
; and
g
in paragraph (11), in sub-paragraph (a), after “duly approved” insert “as the case may require”.
Charging
5
After regulation 4 insert —
Charging – Olympic Games
4A
1
A coordinator appointed under regulation 4(2A) may charge the managing body of —
a
an Olympic coordinated airport; and
b
London City Airport, Gatwick Airport, Heathrow Airport and Stansted Airport,
a fee calculated using the formula specified in paragraph (2).
2
The formula referred to in paragraph (1) is —
A ÷ B = C
where —
‘A’ is the total reasonable cost incurred by the coordinator in the exercise of the coordinator’s functions connected with the Olympic Games;
‘B’ is the total number of air traffic movements during the period beginning on 21st July 2012 and ending on 15th August 2012 at all the airports referred to in paragraph (1)(a) and (b); and
‘C’ is the fee payable to the coordinator by the managing body of an airport referred to in paragraph (1)(a) or (b) in respect of each air traffic movement at that airport during that period.
3
In this regulation —
“air traffic movement” means any take-off or landing requiring a slot.
The Olympic Games
6
1
In regulation 5 (coordination committee), in paragraph (1), after “airport shall” insert “, subject to regulation 5A,”.
2
After regulation 5 insert —
Coordination committee - Olympic Games
5A
1
In relation to an Olympic coordinated airport, the Secretary of State shall establish and maintain a coordination committee in accordance with Article 5 of the council regulation.
2
That same committee shall also act as the coordination committee for all other Olympic coordinated airports.
3
In addition to those entitled to be members of the committee by virtue of Article 5 of the council regulation, membership is also open to representatives from the coordination committee at London City Airport, Gatwick Airport, Heathrow Airport and Stansted Airport.
4
The tasks of the committee are restricted to matters connected with the Olympic Games.
Coordination parameters
7
After regulation 6 insert —
Coordination parameters – Olympic Games
6A
1
A determination made under regulation 6, in relation to an Olympic coordinated airport, may be modified by the Secretary of State.
2
In making such modification, the Secretary of State shall adopt the approach set out in paragraphs 1 and 3 of Article 6 of the council regulation.
P. Hammond
Secretary of State
Department for Transport
30th June 2011


text:
Title and commencement
1
These Regulations may be cited as the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2011 and come into force on 6 th April 2011.
Amendment of the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007
2
1
The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007 are amended as follows.
2
In regulation 2(1) omit the definition of “the Agency”.
3
In regulation 3(1)(a), for “the Veterinary Medicines Regulations 2005 ” substitute “the Veterinary Medicines Regulations 2009 ”.
4
After regulation 3 insert —
Additional language
3A
Nothing in these Regulations prevents a bottle being marked or labelled with any other language in addition to English.
.
5
Substitute “the Secretary of State” for “the Agency” in —
a
regulation 4 each time it appears;
b
paragraph 9 of Schedule 1;
c
paragraph 10 of Schedule 1 both times it appears;
d
paragraph 7 of Schedule 1A ;
e
paragraph 8 of Schedule 1A each time it appears; and
f
paragraph 1 of Part 2 of Schedule 3.
6
Substitute “The Secretary of State” for “The Agency” in paragraphs 4 and 6 of Part 2 of Schedule 3.
Transitional and saving provisions
3
The amendments made to the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007 by these Regulations do not affect the validity of anything duly done by the Food Standards Agency, or the validity of any notification duly given to the Food Standards Agency, under those 2007 Regulations.
4
Any application made to the Food Standards Agency under the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007 that is pending immediately before 6 th April 2011 is to be treated as if the application had been made to the Secretary of State.
Jim Paice
Minister of State for Agriculture and Food
Department for Environment, Food and Rural Affairs
16th February 2011


text:
Citation and commencement
1
1
This Order may be cited as the Cornwall (Electoral Changes) Order 2011.
2
This Order comes into force —
a
for the purpose of proceedings preliminary or relating to the elections of councillors, on 15th October 2012;
b
for all other purposes, on the ordinary day of election of councillors in 2013.
Interpretation
2
In this Order —
“map” means the map marked “Map referred to in the Cornwall (Electoral Changes) Order 2011”, of which prints are available for inspection at the principal office of the Local Government Boundary Commission for England;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 .
Electoral divisions of the county of Cornwall and number of councillors
3
1
The existing electoral divisions of the county of Cornwall are abolished.
2
The county is divided into one hundred and twenty-two electoral divisions each bearing a name listed in column 1 of the Schedule.
3
Each electoral division comprises the area designated on the map by reference to the name of the electoral division.
4
The number of councillors to be elected for each electoral division is the number specified in relation to that electoral division in column 2 of the Schedule.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.
Wards of the parish of Bodmin and number of councillors
4
1
The existing wards of the parish of Bodmin are abolished.
2
The parish is divided into three wards named respectively —
a
St Leonard;
b
St Mary’s;
c
St Petroc.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Six councillors are to be elected for St Mary’s ward.
5
Five councillors are to be elected for each of the following wards:
a
St Leonard;
b
St Petroc.
Wards of the parish of Bude-Stratton and number of councillors
5
1
The existing wards of the parish of Bude-Stratton are abolished.
2
The parish is divided into three wards named respectively —
a
Bude;
b
Flexbury and Poughill;
c
Stratton.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Nine councillors are to be elected for Bude ward.
5
Six councillors are to be elected for Flexbury and Poughill ward.
6
Three councillors are to be elected for Stratton ward.
Wards of the parish of Callington and number of councillors
6
1
The parish of Callington is divided into two wards named respectively —
a
Callington;
b
Kelly Bray.
2
Each ward comprises the area designated on the map by reference to the name of the ward.
3
Ten councillors are to be elected for Callington ward.
4
Two councillors are to be elected for Kelly Bray ward.
Wards of the parish of Calstock and number of councillors
7
1
The existing wards of the parish of Calstock are abolished.
2
The parish is divided into five wards named respectively —
a
Calstock;
b
Chilsworthy;
c
Delaware;
d
Gunnislake;
e
Harrowbarrow.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Five councillors are to be elected for Gunnislake ward.
5
Four councillors are to be elected for each of the following wards:
a
Delaware;
b
Harrowbarrow.
6
Three councillors are to be elected for Calstock ward.
7
Two councillors are to be elected for Chilsworthy ward.
Wards of the parish of Camborne and number of councillors
8
1
The existing wards of the parish of Camborne are abolished.
2
The parish is divided into five wards named respectively —
a
Pendarves;
b
Roskear;
c
Trelowarren;
d
Treslothan;
e
Treswithian.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Four councillors are to be elected for each of the following wards:
a
Pendarves;
b
Roskear;
c
Trelowarren.
5
Three councillors are to be elected for each of the following wards:
a
Treslothan;
b
Treswithian.
Wards of the parish of Carn Brea and number of councillors
9
1
The existing wards of the parish of Carn Brea are abolished.
2
The parish is divided into five wards named respectively —
a
Barncoose;
b
East Hill;
c
Four Lanes;
d
Pool;
e
Tolgus.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Five councillors are to be elected for each of the following wards:
a
Four Lanes;
b
Pool.
5
Four councillors are to be elected for Barncoose ward.
6
One councillor is to be elected for each of the following wards:
a
East Hill;
b
Tolgus.
Wards of the parish of Dobwalls and Trewidland and number of councillors
10
1
The parish of Dobwalls and Trewidland is divided into two wards named respectively —
a
Dobwalls;
b
Trewidland.
2
Each ward comprises the area designated on the map by reference to the name of the ward.
3
Eight councillors are to be elected for Dobwalls ward.
4
Three councillors are to be elected for Trewidland ward.
Wards of the parish of Egloshayle and number of councillors
11
1
The parish of Egloshayle is divided into two wards named respectively —
a
Egloshayle North;
b
Egloshayle South.
2
Each ward comprises the area designated on the map by reference to the name of the ward.
3
Five councillors are to be elected for each ward.
Wards of the parish of Falmouth and number of councillors
12
1
The existing wards of the parish of Falmouth are abolished.
2
The parish is divided into five wards named respectively —
a
Arwenack;
b
Boslowick;
c
Penwerris;
d
Smithick;
e
Trescobeas.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Four councillors are to be elected for Boslowick ward.
5
Three councillors are to be elected for each of the following wards:
a
Arwenack;
b
Penwerris;
c
Smithick;
d
Trescobeas.
Wards of the parish of Hayle and number of councillors
13
1
The existing wards of the parish of Hayle are abolished.
2
The parish is divided into two wards named respectively —
a
North;
b
South.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Eight councillors are to be elected for North ward.
5
Seven councillors are to be elected for South ward.
Wards of the parish of Helston and number of councillors
14
1
The existing wards of the parish of Helston are abolished.
2
The parish is divided into three wards named respectively —
a
Helston North;
b
Helston South;
c
Helston West.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Five councillors are to be elected for each of the following wards:
a
Helston North;
b
Helston South.
5
Two councillors are to be elected for Helston West ward.
Wards of the parish of Kea and number of councillors
15
1
The existing wards of the parish of Kea are abolished.
2
The parish is divided into two wards named respectively —
a
Baldhu;
b
Kea.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Eight councillors are to be elected for Kea ward.
5
Four councillors are to be elected for Baldhu ward.
Wards of the parish of Kenwyn and number of councillors
16
1
The existing wards of the parish of Kenwyn are abolished.
2
The parish is divided into four wards named respectively —
a
Gloweth;
b
Greenbottom;
c
Shortlanesend;
d
Threemilestone.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Six councillors are to be elected for Threemilestone ward.
5
Four councillors are to be elected for Gloweth ward.
6
Three councillors are to be elected for Shortlanesend ward.
7
One councillor is to be elected for Greenbottom ward.
Wards of the parish of Launceston and number of councillors
17
1
The existing wards of the parish of Launceston are abolished.
2
The parish is divided into three wards named respectively —
a
Launceston Central;
b
Launceston North;
c
Launceston South.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Seven councillors are to be elected for each of the following wards:
a
Launceston Central;
b
Launceston South.
5
Two councillors are to be elected for Launceston North ward.
Wards of the parish of Liskeard and number of councillors
18
1
The existing wards of the parish of Liskeard are abolished.
2
The parish is divided into three wards named respectively —
a
Liskeard East;
b
Liskeard North;
c
Liskeard West.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Five councillors are to be elected for each ward.
Wards of the parish of Looe and number of councillors
19
1
The parish of Looe is divided into two wards named respectively —
a
East;
b
West.
2
Each ward comprises the area designated on the map by reference to the name of the ward.
3
Nine councillors are to be elected for East ward.
4
Six councillors are to be elected for West ward.
Wards of the parish of Madron and number of councillors
20
1
The existing wards of the parish of Madron are abolished.
2
The parish is divided into two wards named respectively —
a
Gulval;
b
Madron.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Six councillors are to be elected for each ward.
Wards of the parish of Newquay and number of councillors
21
1
The existing wards of the parish of Newquay are abolished.
2
The parish is divided into seven wards named respectively —
a
Newquay Central;
b
Newquay Pentire;
c
Newquay Treloggan;
d
Newquay Tretherras;
e
Newquay Treviglas;
f
Rialton;
g
Whipsiderry.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Four councillors are to be elected for each of the following wards:
a
Newquay Pentire;
b
Newquay Treloggan;
c
Newquay Treviglas.
5
Three councillors are to be elected for each of the following wards:
a
Newquay Central;
b
Newquay Tretherras.
6
One councillor is to be elected for each of the following wards:
a
Rialton;
b
Whipsiderry.
Wards of the parish of Penryn and number of councillors
22
1
The parish of Penryn is divided into two wards named respectively —
a
East;
b
West.
2
Each ward comprises the area designated on the map by reference to the name of the ward.
3
Eleven councillors are to be elected for West ward.
4
Five councillors are to be elected for East ward.
Wards of the parish of Penzance and number of councillors
23
1
The existing wards of the parish of Penzance are abolished.
2
The parish is divided into six wards named respectively —
a
Central;
b
East;
c
Gulval;
d
Heamoor;
e
Newlyn and Mousehole;
f
Promenade.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Four councillors are to be elected for each of the following wards:
a
Central;
b
East;
c
Newlyn and Mousehole;
d
Promenade.
5
Three councillors are to be elected for Heamoor ward.
6
One councillor is to be elected for Gulval ward.
Wards of the parish of Perranzabuloe and number of councillors
24
1
The existing wards of the parish of Perranzabuloe are abolished.
2
The parish is divided into four wards named respectively —
a
Goonhavern;
b
Penhallow;
c
Perranporth;
d
Rose.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Nine councillors are to be elected for Perranporth ward.
5
Three councillors are to be elected for Goonhavern ward.
6
Two councillors are to be elected for Penhallow ward.
7
One councillor is to be elected for Rose ward.
Wards of the parish of Redruth and number of councillors
25
1
The existing wards of the parish of Redruth are abolished.
2
The parish is divided into three wards named respectively —
a
Central;
b
North;
c
South.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Five councillors are to be elected for each of the following wards:
a
North;
b
South.
5
Four councillors are to be elected for Central ward.
Wards of the parish of Saltash and number of councillors
26
1
The existing wards of the parish of Saltash are abolished.
2
The parish is divided into four wards named respectively —
a
Saltash East;
b
Saltash North;
c
Saltash South;
d
Saltash West.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Four councillors are to be elected for each ward.
Wards of the parish of St Agnes and number of councillors
27
1
The existing wards of the parish of St Agnes are abolished.
2
The parish is divided into five wards named respectively —
a
Blackwater;
b
Mithian;
c
Mount Hawke;
d
Porthtowan;
e
St Agnes.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Seven councillors are to be elected for St Agnes ward.
5
Five councillors are to be elected for Mount Hawke ward.
6
Two councillors are to be elected for Porthtowan ward.
7
One councillor is to be elected for each of the following wards:
a
Blackwater;
b
Mithian.
Wards of the parish of St Austell and number of councillors
28
1
The existing wards of the parish of St Austell are abolished.
2
The parish is divided into five wards named respectively —
a
Bethel;
b
Gover;
c
Mount Charles;
d
Poltair;
e
St Austell Bay.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Five councillors are to be elected for each of the following wards:
a
Bethel;
b
Mount Charles.
5
Four councillors are to be elected for each of the following wards:
a
Gover;
b
Poltair.
6
Two councillors are to be elected for St Austell Bay ward.
Wards of the parish of St Blaise and number of councillors
29
1
The parish of St Blaise is divided into two wards named respectively —
a
St Blaise North;
b
St Blaise South.
2
Each ward comprises the area designated on the map by reference to the name of the ward.
3
Six councillors are to be elected for St Blaise North ward.
4
Four councillors are to be elected for St Blaise South ward.
Wards of the parish of St Ives and number of councillors
30
1
The existing wards of the parish of St Ives are abolished.
2
The parish is divided into three wards named respectively —
a
East;
b
Lelant and Carbis Bay;
c
West.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Six councillors are to be elected for Lelant and Carbis Bay ward.
5
Five councillors are to be elected for each of the following wards:
a
East;
b
West.
Wards of the parish of St Kew and number of councillors
31
1
The parish of St Kew is divided into two wards named respectively —
a
Pendoggett;
b
St Kew Highway.
2
Each ward comprises the area designated on the map by reference to the name of the ward.
3
Eight councillors are to be elected for St Kew Highway ward.
4
One councillor is to be elected for Pendoggett ward.
Wards of the parish of St Stephen-in-Brannel and number of councillors
32
1
The existing wards of the parish of St Stephen-in-Brannel are abolished.
2
The parish is divided into three wards named respectively —
a
Nanpean;
b
St Stephen-in-Brannel;
c
Whitemoor.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Ten councillors are to be elected for St Stephen-in-Brannel ward.
5
Four councillors are to be elected for Nanpean ward.
6
One councillor is to be elected for Whitemoor ward.
Wards of the parish of Treverbyn and number of councillors
33
1
The existing wards of the parish of Treverbyn are abolished.
2
The parish is divided into five wards named respectively —
a
Boscoppa;
b
Bugle;
c
Carclaze;
d
Penwithick;
e
Trethowel.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Six councillors are to be elected for Bugle ward.
5
Four councillors are to be elected for Penwithick ward.
6
Three councillors are to be elected for Boscoppa ward.
7
One councillor is to be elected for each of the following wards:
a
Carclaze;
b
Trethowel.
Wards of the parish of Truro and number of councillors
34
1
The existing wards of the parish of Truro are abolished.
2
The parish is divided into four wards named respectively —
a
Boscawen;
b
Redannick;
c
Tregolls;
d
Trehaverne.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Six councillors are to be elected for each ward.
Wards of the parish of Tywardreath and Par and number of councillors
35
1
The existing wards of the parish of Tywardreath and Par are abolished.
2
The parish is divided into three wards named respectively —
a
Highway;
b
Par;
c
Priory.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Five councillors are to be elected for Priory ward.
5
Three councillors are to be elected for Par ward.
6
Two councillors are to be elected for Highway ward.
Wards of the parish of Wadebridge and number of councillors
36
1
The parish of Wadebridge is divided into two wards named respectively —
a
Wadebridge East;
b
Wadebridge West.
2
Each ward comprises the area designated on the map by reference to the name of the ward.
3
Eight councillors are to be elected for Wadebridge West ward.
4
Five councillors are to be elected for Wadebridge East ward.
Sealed with the seal of the Local Government Boundary Commission for England on the 4th day of January 2011
Max Caller
Chairman
Local Government Boundary Commission for England
4th January 2011


text:
Citation and interpretation
1
1
This Order may be cited as the Crime and Security Act 2010 (Commencement No. 2) Order 2011.
2
In this Order “ the Act ” means the Crime and Security Act 2010.
Commencement
2
The day appointed for the coming into force of section 46 of the Act (offence of allowing minors access to air weapons) is 10th February 2011.
James Brokenshire
Parliamentary Under-Secretary of State
Home Office
25th January 2011


text:
Citation and interpretation
1
1
This Order may be cited as the Finance (No. 3) Act 2010, Schedules 10 and 11 (Income Tax Self Assessment and Pension Schemes) (Appointed Days) Order 2011.
2
In this Order “return period” means each period of three months ending with 31st March, 30th June, 30th September or 31st December for which a return must be made under section 254(2) of the Finance Act 2004 (pension schemes; accounting for tax) .
Appointed days
2
The day appointed for the coming into force of paragraphs 1, 4 and 10 of Schedule 10 to the Finance (No. 3) Act 2010 —
a
is 6th April 2011 in relation to a return or other document which —
i
is required to be made or delivered to Her Majesty’s Revenue and Customs in relation to the tax year 2010-11 or any subsequent tax year, and
ii
falls within item 1, 2 or 3 of the Table in paragraph 1 of Schedule 55 to the Finance Act 2009 (penalty for failure to make returns etc ) , and
b
is 1st April 2011 in relation to a return under section 254 of the Finance Act 2004 (pension schemes; accounting for tax) to be made in respect of a return period ending on or after 31st March 2011.
3
The day appointed for the coming into force of paragraphs 1 and 9 of Schedule 11 to the Finance (No. 3) Act 2010 is 6th April 2011 in relation to an amount of tax which —
a
is payable in relation to the tax year 2010-11 or any subsequent tax year, and
b
falls within —
i
item, 1, 12, 18 or 19 of the Table in paragraph 1 of Schedule 56 to the Finance Act 2009 (penalty for failure to make payments on time) , or
ii
insofar as the tax falls within item 1 of that Table, item 17, 23 or 24 of that Table.
Angela Watkinson
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 2011


text:
Citation and commencement
1
These Regulations may be cited as the Changing of School Session Times (England) (Revocation) Regulations 2011 and come into force on 1st September 2011.
Revocation
2
The Changing of School Session Times (England) Regulations 1999 are revoked.
Nick Gibb
Minister of State
Department for Education
3rd August 2011


text:
Citation and commencement
1
This Order may be cited as the Overseas Territories (Change of Name) (No. 5) Order 2011 and shall come into force on 8th July 2011.
Amendment of an instrument
2
Schedule 4 to the Extradition (Internationally Protected Persons) Order 1997 and the Extradition (Taking of Hostages) Order 1997 are amended by —
a
deleting the words “and Dependencies” after the words “Falkland Islands”;
b
inserting in the list of territories, in the appropriate alphabetical position, “South Georgia and the South Sandwich Islands”;
c
replacing the words “St Helena and Dependencies” with the words “St Helena, Ascension and Tristan da Cunha”.
Judith Simpson
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Flood and Water Management Act 2010 (Commencement No. 2) Order 2011.
Provisions coming into force on 18th January 2011
2
The following provisions of the Flood and Water Management Act 2010 come into force on 18th January 2011 —
a
section 15 (civil sanctions), so far as it provides power for the Minister, as defined in subsection (10) of that section, to make regulations under subsection (8) of that section;
b
section 38 (incidental flooding or coastal erosion: Environment Agency), so far as it provides power for the Minister, as defined in subsection (10) of that section, to make an order under subsection (8) of that section;
c
section 39 (incidental flooding or coastal erosion: local authorities), so far as it provides power for the Minister, as defined in subsection (14) of that section, to make an order under subsection (12) of that section.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
18th January 2011
Jane Davidson
Minister for Environment, Sustainability and Housing
one of the Welsh Ministers
15th January 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2011 and comes into force on 17th November 2011.
2
In this Order “the principal Order ” means the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 and a reference to a numbered article, Table or Schedule is a reference to the article, Table or Schedule in the principal Order which bears that number.
Amendments to the principal Order
2
The principal Order is amended as follows.
Amendment to article 11 (injury and death - exclusions)
3
In article 11(9)(b) after “to” where it appears for the second time insert “or from”.
Amendment to article 29 (description of benefits – death)
4
In article 29 —
a
in paragraph (1)(b) —
i
after “civil partner” insert “,”;
ii
omit “or”; and
iii
after “dependant” insert “, or eligible child”;
b
after paragraph (5) insert —
6
A bereavement grant is payable to an eligible child where the deceased does not leave a surviving spouse, civil partner or surviving adult dependant.
.
Amendment to article 35 (amount of bereavement grant)
5
In article 35 —
a
in paragraph (4) —
i
after “surviving spouse” on both occasions it appears insert “or eligible child”;
ii
after “spouses” insert “or eligible children”;
b
after paragraph (4) insert —
5
In the case of a bereavement grant payable to an eligible child paragraph (4) applies only where at the time the grant is paid —
a
a claim for child’s payment has been made by or on behalf of an eligible child; or
b
the Secretary of State is aware that a claim is to be made on behalf of a child born after the death of a member or former member.
.
Amendment to article 46 (date of claim)
6
In article 46 —
a
in paragraph (1) for “paragraphs (2) and ” substitute “paragraph”;
b
omit paragraph (2).
Amendment to article 64 (date on which awards of benefit become payable)
7
In article 64 —
a
for paragraph (4) substitute —
4
Subject to paragraph (6), an award of survivor’s guaranteed income payment and an award of child’s payment become payable —
a
on the day following the date of death where —
i
a member dies in service; or
ii
a former member dies and a claim for benefit is made within 3 months of the date of death; or
b
on the date of claim where sub-paragraph (a) does not apply.
;
b
in paragraph (8) before “No benefit” insert “Except where paragraph (4)(a)(ii) applies,”.
Amendment to Schedule 2 (modifications for the reserve forces)
8
In paragraph 4 of Schedule 2 in the modified article 35 —
a
in paragraph (3) for “(2)” substitute “(1)”;
b
in paragraph (5) —
i
after “surviving spouse” on both occasions it appears insert “or eligible child”; and
ii
after “spouses” insert “or eligible children”.
c
after paragraph (5) insert —
5A
In the case of a bereavement grant payable to an eligible child paragraph (5) applies only where at the time the grant is paid —
a
a claim for child’s payment has been made by or on behalf of an eligible child; or
b
the Secretary of State is aware that a claim is to be made on behalf of a child born after the death of a member or former member.
.
Amendment to Schedule 3 (the tariff and supplementary awards)
9
1
In Part 1 of Schedule 3 —
a
in item 12 of Table 6 (neurological disorders) for “servere” substitute “severe”;
b
in Table 8 (fractures and dislocations) —
i
for item 17 substitute —
17 11 Shoulder joint instability which has required or is expected to require operative treatment with permanent significant functional limitation or restriction.
;
ii
insert in the appropriate place —
17A 12 Shoulder joint instability which has required or is expected to require operative treatment with substantial recovery.
;
c
in Table 9 (musculoskeletal disorders) —
i
in item 2 after “arthrodesis” insert “,osteotomy”;
ii
insert in the appropriate place —
16A 12 Traumatic back injury with one or more intervertebral disc prolapses or vertebral body or facet joint fractures which has required, or is expected to require, operative treatment and which has caused, or is expected to cause, significant functional limitation or restriction beyond 13 weeks.
;
iii
in item 27 after “Hip” insert “pelvis,”;
iv
in item 38 omit “Direct”.
2
In Part 2 of Schedule 3 after paragraph 1(1)(a) insert “and”.
Transitional provisions
10
1
Subject to paragraph (2), the amendments to the principal Order do not apply to a claim or application for review made before the day this Order comes into force.
2
The amendments to Tables 8 and 9 in article 9(1)(b) and 9(1)(c) apply to a claim made before the day this Order comes into force where —
a
the Secretary of State determines (whether before or after the coming into force of this Order) that, following the determination of a claim or application for review, a temporary award in accordance with article 26 should be made;
b
a descriptor of the injury (in respect of which the temporary award is made) is included in the amendments to Tables 8 and 9; and
c
the descriptor is at the same level as the temporary award.
3
Where, pursuant to article 46(2), before the day this Order comes into force —
a
a claimant or a person acting on the claimant’s behalf requested the Secretary of State to provide information or a claim form for the purpose of claiming benefit, and
b
a claim is made not more than 3 months after the date of the request,
the date of claim is the date of the request.
4
In this article —
a
“claim” means a claim made in accordance with the principal Order;
b
“application for review” means an application for review pursuant to article 55, 56, 57 or 59.
Andrew Robathan
Parliamentary Under Secretary of State
Ministry of Defence
25th October 2011


text:
PART 1 Preliminary provisions
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Powers to Stop) Regulations 2011 and come into force on the day after the day on which they are made.
PART 2 Amendments to primary legislation
Amendment of the Road Traffic Act 1988
2
1
The Road Traffic Act 1988 is amended as follows.
2
After section 66A (appointment of examiners) insert —
Stopping officers
Appointment of stopping officers
66B
1
The Secretary of State shall appoint such officers as the Secretary of State considers necessary for the purpose of exercising the powers conferred on them by —
a
this Part of this Act;
b
the Goods Vehicles (Licensing of Operators) Act 1995 ;
c
the Public Passenger Vehicles Act 1981 ;
d
the Transport Act 1968;
e
any other enactment.
2
An officer appointed under this section shall act under the general directions of the Secretary of State.
3
The Secretary of State must not appoint a person under this section unless the Secretary of State is satisfied that —
a
the person is a suitable person to exercise the powers of a stopping officer;
b
the person is capable of effectively exercising those powers; and
c
the person has received adequate training for the exercise of those powers.
4
A power exercisable by virtue of an appointment under this section is exercisable only by a person wearing such uniform as may be determined or approved for the purposes of this section by the Secretary of State.
5
In this Part “stopping officer” means an officer appointed under this section.
Stopping officers: offences
66C
1
A person commits an offence if the person, with intent to deceive, impersonates a stopping officer or makes any statement or does any act calculated falsely to suggest that the person is a stopping officer.
2
A person commits an offence if the person resists or wilfully obstructs a stopping officer who is exercising the powers of a stopping officer.
.
3
In section 67 (testing of condition of vehicles on roads) —
a
in subsection (3) at the beginning insert “Subject to subsection (3A)”;
b
after that subsection insert —
3A
A stopping officer may direct the driver of a vehicle to stop the vehicle for the purposes of a test if the vehicle appears to the officer to be one to which subsection (3B) could apply.
3B
This subsection applies to motor vehicles and trailers defined in categories 1, 2 and 3 of Annex I to Directive 2009/40/ EC .
;
c
in subsection (7) —
i
for “a constable” substitute —
—
a
a constable, or
b
in the case of a vehicle to which subsection (3B) applies, a stopping officer,
;
ii
for “he” in both places substitute “the constable or stopping officer”;
d
in subsection (8) —
i
for “a constable” substitute —
—
a
a constable, or
b
in the case of a vehicle to which subsection (3B) applies, a stopping officer,
;
ii
for “he” substitute “the constable or stopping officer”;
e
after subsection (9) insert —
9A
In subsection (3B) “Directive 2009/40/EC ” means the Directive of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers.
.
4
In section 79 (further provisions relating to weighing of motor vehicles) —
a
before subsection (1) insert —
A1
A stopping officer may direct the driver of a vehicle to stop the vehicle for the purpose of it being weighed under section 78 if the vehicle appears to the officer to be one to which subsection (A2) could apply.
A2
This subsection applies to —
a
motor vehicles in categories M 2 and M 3 and their trailers in category O;
b
motor vehicles in categories N 2 and N 3 and their trailers in categories O 3 and O 4 ,
as defined in Annex II to Directive 2007/46/EC .
;
b
at the end insert —
6
In subsection (A2) “Directive 2007/46/EC ” means the Directive of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.
.
5
In section 86 (index to Part II), in the table, after the entry “Sold or supplied by retail” insert —
Stopping officer Section 66B
.
Amendment of the Road Traffic Offenders Act 1988
3
1
In the Road Traffic Offenders Act 1988 , Part 1 of Schedule 2 (offences under the Traffic Acts) is amended as follows.
2
After the entry beginning “ RTA section 65A” insert —
RTA section 66C(1)
RTA section 66C(2)
Impersonating a stopping officer etc. with intent to deceive
Resisting or wilfully obstructing a stopping officer
Summarily
Summarily
Level 5 on the standard scale
One month or level 3 on the standard scale or both
Amendment of the Transport Act 1968
4
1
The Transport Act 1968 is amended as follows.
2
After section 99ZF (power to seize documents) insert —
Power to stop
99ZG
1
Subsection (2) applies if a vehicle appears to a stopping officer to be one to which this Part could apply.
2
The officer may direct the driver to stop the vehicle for the purpose of enabling a Part 6 officer to exercise powers under this Part.
3
In this section —
“Part 6 officer” means an officer as defined in section 99(8);
“stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.
.
Amendment of the Public Passenger Vehicles Act 1981
5
1
The Public Passenger Vehicles Act 1981 is amended as follows.
2
After section 12A (detention of certain PSVs used without PSV operators’ licences) insert —
Power to stop
12B
1
Subsection (2) applies if it appears to a stopping officer that a vehicle is being used in circumstances such that a PSV operator’s licence could be required.
2
The officer may direct the driver to stop the vehicle for the purpose of enabling checks to be carried out to establish whether the use of the vehicle is in contravention of section 12(1) or 18(1).
3
In this section a “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.
.
Amendment of the Goods Vehicles (Licensing of Operators) Act 1995
6
1
The Goods Vehicles (Licensing of Operators) Act 1995 is amended as follows.
2
After section 2A (detention of vehicle used without operator’s licence) insert —
Power to stop
2B
1
Subsection (2) applies if it appears to a stopping officer that a vehicle is being used in circumstances such that an operator’s licence could be required.
2
The officer may direct the driver to stop the vehicle for the purpose of enabling checks to be carried out to establish whether the use of the vehicle is in contravention of section 2(1).
3
In this section “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.
.
Amendment of the Road Traffic (Northern Ireland) Order 1995
7
1
The Road Traffic (Northern Ireland) Order 1995 is amended as follows.
2
In Article 74 (appointment of examiners) after paragraph (4) insert —
5
A person commits an offence if, for the purpose of directing the driver of a vehicle to stop the vehicle, the person, with intent to deceive, impersonates a vehicle examiner or makes any statement or does any act calculated falsely to suggest that the person is a vehicle examiner.
.
Amendment of the Road Traffic Offenders (Northern Ireland) Order 1996
8
1
In the Road Traffic Offenders (Northern Ireland) Order 1996 , Part 1 of Schedule 1 (offences under the Road Traffic Orders) is amended as follows.
2
In the section entitled “Offences under the Order of 1995” after the entry beginning “Article 71” insert —
Article 74(5) Impersonating a vehicle examiner etc. with intent to deceive Summarily Level 5 on the standard scale
PART 3 Amendments to subordinate legislation
Amendment of the Goods Vehicles (Community Authorisations) Regulations 1992
9
1
The Goods Vehicles (Community Authorisations) Regulations 1992 are amended as follows.
2
After regulation 7 (effect of failure to comply with conditions governing use of Community authorisation) insert —
Power to stop
7A
1
Paragraph (2) applies if it appears to —
a
in Great Britain, a stopping officer, or
b
in Northern Ireland, a vehicle examiner,
that a vehicle is being used in circumstances such that a Community authorisation could be required.
2
The stopping officer or vehicle examiner may direct the driver to stop the vehicle so that an authorised inspecting officer can conduct checks as to whether an offence has been committed under regulation 3 or 7.
3
In this regulation —
“stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988; and
“vehicle examiner” means an examiner appointed under Article 74 of the Road Traffic (Northern Ireland) Order 1995.
.
3
In regulation 8 (authorised inspecting officers) after “Council Regulation” insert “and these Regulations”.
Amendment of the Public Service Vehicles (Community Licences) Regulations 1999
10
1
The Public Service Vehicles (Community Licences) Regulations 1999 are amended as follows.
2
After regulation 7 (effect of failure to comply with conditions governing use of Community licences) insert —
Power to stop
7A
1
Paragraph (2) applies if it appears to a stopping officer that a vehicle is being used in circumstances such that a Community licence could be required by Article 3a(1) of the Council Regulation.
2
The officer may direct the driver to stop the vehicle so that an authorised inspecting officer can conduct checks as to whether an offence has been committed under regulation 3 or 7.
3
In this regulation “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.
.
3
In regulation 8 (authorised inspecting officers) after “Council Regulation” insert “and these Regulations”.
Amendment of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999
11
1
The Road Transport (Passenger Vehicles Cabotage) Regulations 1999 are amended as follows.
2
After regulation 6 (appeals) insert —
Power to stop
6A
1
Paragraph (2) applies if it appears to a stopping officer that a vehicle could be being used for the purpose of UK cabotage operations.
2
The officer may direct the driver to stop the vehicle for the purpose of enabling an authorised inspecting officer to inspect the documents referred to in regulation 7.
3
In this regulation “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.
.
3
In regulation 8 (authorised inspecting officers) after “Council Regulation” insert “and these Regulations”.
Amendment of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007
12
1
The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 are amended as follows.
2
In regulation 11 (requirement to carry and produce evidence of CPC or of training exemption in vehicle) —
a
after paragraph (5B) insert —
5C
Paragraph (5D) applies if it appears to —
a
in Great Britain, a stopping officer, or
b
in Northern Ireland, a vehicle examiner,
that the vehicle a person is driving could be a relevant vehicle.
5D
The stopping officer or vehicle examiner may direct the driver to stop the vehicle for the purpose of enabling a vehicle examiner to exercise the powers under paragraph (6).
;
b
after paragraph (8) insert —
9
In this regulation “stopping officer” means an officer appointed under section 66B of the 1988 Act.
.
Signed by authority of the Secretary of State
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
29th March 2011


text:
Citation
1
This Order may be cited as the Double Taxation Relief (Qatar) Order 2011.
Double taxation 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 amend the arrangements set out in the Schedule to the Double Taxation Relief and International Tax Enforcement (Qatar) Order 2010 , have been made with the Government of the State of Qatar;
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 Qatar; and
c
it is expedient that the arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Protection of the Euro against Counterfeiting (Amendment) Regulations 2011 and come into force on 31st December 2011.
Amendment of the Protection of the Euro against Counterfeiting Regulations 2001
2
1
The Protection of the Euro against Counterfeiting Regulations 2001 are amended as follows.
2
In regulation 1(2)(a), after “counterfeiting” insert “as amended by Council Regulation (EC) No. 44/2009 of 18 December 2008” .
3
In regulations 2 and 3(1), for “A credit institution, or other institution or establishment within” substitute “An institution or economic agent referred to in”.
4
After regulation 3 insert —
3A
1
An institution or economic agent referred to in Article 6(1) of the Community Regulation, which fails to ensure that euro notes and euro coins which it has received and which it intends to put back into circulation are checked for authenticity by trained personnel or by a machine authorised for that purpose by the European Central Bank, in the case of banknotes, or the European Commission, in the case of coins, shall be 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 a fine.
.
Review
3
1
The Treasury must from time to time —
a
carry out a review of regulation 2,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Treasury must, so far as is reasonable, have regard to how Council Regulation (EC) No. 1339/2001 , as amended by Council Regulation (EC) No. 44/2009 , is implemented in other member states.
3
The report must in particular —
a
set out the objectives intended to be achieved by regulation 2,
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with an alternative system.
4
The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Brooks Newmark
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
8th December 2011


text:
Citation, commencement and expiration
1
1
This Order may be cited as the Export Control (Amendment) (No.2) Order 2011.
2
It comes into force at 7 p.m. on 2nd March 2011.
3
It ceases to have effect on 1st March 2012.
Revocation
2
The Export Control (Amendment) Order 2011 is revoked .
Amendments related to Libyan bank notes and coins
3
1
The Export Control Order 2008 is amended as follows.
2
After article 4A insert —
Movement of Libyan bank notes and coins
4B
Subject to article 26, no person shall export unissued Libyan bank notes or unissued Libyan coins.
.
3
In paragraphs (1)(a)(i) and (2)(a) of article 41 (application of CEMA in respect of offences), after “4A,” insert “4B,”.
Mark Prisk
Minister of State for Business and Enterprise
Department for Business, Innovation and Skills
2nd March 2011


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 4) Regulations 2011 and come into force on 6th April 2011.
2
Regulation 4 shall have effect for employees who joined a scheme before 6th April 2011.
3
Regulation 5 shall have effect for employees who join a scheme on or after 6th April 2011.
Amendment of the Social Security (Contributions) Regulations 2001
2
Part 5 of Schedule 3 to the Social Security (Contributions) Regulations 2001 (certain non-cash vouchers to be disregarded as payments in kind) is amended as follows.
3
After paragraph 6A insert —
Interpretation – qualifying childcare vouchers
6B
In paragraphs 7 and 7A —
a
“care”, “child” and “parental responsibility” have the same meaning as in section 318B of ITEPA 2003 ;
b
“chargeable expense” has the meaning given in paragraph 14 of Schedule 2;
c
“qualifying child care” has the same meaning as in section 318C of ITEPA 2003;
d
“qualifying week” means a tax week in respect of which a qualifying childcare voucher is received;
e
“relevant salary sacrifice arrangements” means arrangements (whenever made) under which the employees for whom the vouchers are provided give up the right to receive an amount of general earnings or specific employment income in return for the provision of the vouchers;
f
“relevant flexible remuneration arrangements” means arrangements (whenever made) under which the employees for whom the vouchers are provided agree with the employer that they are to be provided with the vouchers rather than receive some other description of employment income;
g
“relevant low-paid employees” means any of the employer’s employees who are remunerated by the employer at a rate such that, if the relevant salary sacrifice arrangements or relevant flexible remuneration arrangements applied to them, the rate at which they would then be so remunerated would be likely to be lower than the national minimum wage;
h
“scheme” means the manner by which an employer provides qualifying childcare vouchers and an employee is taken to join a scheme or have joined a scheme when the employer has agreed that vouchers will be provided to the employee under the scheme and there is a child falling within Condition A of paragraph 7(7); and
i
the administration costs for a voucher means the difference between the cost of provision of a voucher and its face value and the face value is the amount stated on or recorded in the voucher as the value of the provision of care for a child that may be obtained by using it.
.
Qualifying childcare vouchers for employees who joined a scheme before 6th April 2011
4
In paragraph 7 (qualifying childcare vouchers) —
a
for sub-paragraph (1) and the heading to the paragraph substitute —
Qualifying childcare vouchers for employees who joined a scheme before 6th April 2011
7
1
A qualifying childcare voucher, where an employee joined a scheme before 6th April 2011, subject to the qualifications in sub-paragraphs (1A), (2) and (5).
;
b
after sub-paragraph (1) insert —
1A
The employee has not ceased to be employed by the employer nor has there been a a continuous period of 52 weeks throughout which vouchers were not being provided for the employee under the scheme.
;
c
for sub-paragraph (6) substitute —
6
In this paragraph “qualifying childcare voucher” means a non-cash voucher in relation to which Conditions A to C are met.
; and
d
after sub-paragraph (6) add —
7
Condition A is that the voucher is provided to enable an employee to obtain care for a child who —
a
is a child or stepchild of the employee and is maintained (wholly or partly) at the employee’s expense; or
b
is resident with the employee and is a person in respect of whom the employee has parental responsibility.
8
Condition B is that the voucher can only be used to obtain qualifying child care.
9
Condition C is that the vouchers are provided under a scheme that is open —
a
to the employer’s employees generally; or
b
generally to those at a particular location,
subject to sub-paragraph (10).
10
Where the scheme under which the vouchers are provided involves —
a
relevant salary sacrifice arrangements; or
b
relevant flexible remuneration arrangements,
Condition C is not prevented from being met by reason only that the scheme is not open to relevant low-paid employees.
.
Qualifying childcare vouchers for employees who join a scheme on or after 6th April 2011
5
After paragraph 7 insert —
Qualifying childcare vouchers for employees who join a scheme on or after 6th April 2011
7A
1
A qualifying childcare voucher, where an employee joins a scheme on or after 6th April 2011, subject to the qualifications in sub-paragraphs (3) and (6).
2
In this paragraph a “qualifying childcare voucher” means a non-cash voucher in relation to which conditions A to D (see sub-paragraphs (7) to (11)) are met.
3
Where the chargeable expense of the voucher exceeds the exempt amount, only that amount shall be disregarded by virtue of sub-paragraph (1).
4
The exempt amount is the amount found by the formula —
E × Q W
Here —
E is, in the case of an employee the sum of —
£22, if the relevant earnings amount for the tax year, as estimated in accordance with Condition D, exceeds the higher rate limit for the tax year;
£28, if the relevant earnings amount for the tax year, as estimated in accordance with Condition D, exceeds the basic rate limit but does not exceed the higher rate limit for the tax year; or
£55, in any other case; and
the administration costs for the qualifying childcare voucher;
QW is the number of qualifying weeks —
for which the earner has been employed by the secondary contributor during the tax year in which the qualifying childcare voucher is provided; and
for which no other qualifying childcare voucher has been provided by the secondary contributor.
5
Where an earner has two or more employed earner’s employments, the earnings from which fall to be aggregated in accordance with regulation 14 or 15, the reference to the secondary contributor in paragraph (b) of the definition of QW is a reference to the secondary contributor in respect of any of those employments.
6
An earner is only entitled to one exempt amount even if childcare vouchers are provided in respect of more than one child.
7
Condition A is that the voucher is provided to enable an employee to obtain care for a child who —
a
is a child or stepchild of the employee and is maintained (wholly or partly) at the employee’s expense; or
b
is resident with the employee and is a person in respect of whom the employee has parental responsibility.
8
Condition B is that the voucher can only be used to obtain qualifying child care.
9
Condition C is that the vouchers are provided under a scheme that is open —
a
to the employer’s employees generally; or
b
generally to those at a particular location,
subject to sub-paragraph (10).
10
Where the scheme under which the vouchers are provided involves —
a
relevant salary sacrifice arrangements; or
b
relevant flexible remuneration arrangements,
Condition C is not prevented from being met by reason only that the scheme is not open to relevant low-paid employees.
11
Condition D is that the employer has, at the required time, made an estimate of the employee’s relevant earnings amount for the tax year in respect of which the voucher is provided.
12
In sub-paragraph (11) “the required time”, in the case of an employee, means —
a
if the employee joins the scheme under which the vouchers are provided at a time during the tax year, that time, and
b
otherwise, the beginning of the tax year.
13
In sub-paragraph (11) the “relevant earnings amount”, in the case of an employee provided with vouchers by an employer for any qualifying week in a tax year, and subject to sub-paragraph (14), means —
a
the aggregate of —
i
the amount of any relevant earnings (see sub-paragraph (15)) for the tax year from employment by the employer; and
ii
any amounts to be treated under Chapters 2 to 12 of Part 3 of ITEPA 2003 as earnings from such employment; less
b
the aggregate of any excluded amounts (see sub-paragraph (16)).
14
But if the employee becomes employed by the employer during the tax year, what would otherwise be the amount of the aggregate mentioned in sub-paragraph (13)(a) is the relevant multiple of that amount; and the relevant multiple is —
365
R D
where —
RD is the number of days in the period beginning with the day on which the employee becomes employed by the employer and ending with the tax year.
15
In sub-paragraph (13)(a) “relevant earnings” means —
a
salary, wages or fees, and
b
any other earnings to which the employee is contractually entitled (without the exercise of discretion by any person).
16
For the purposes of sub-paragraph (13)(b) the following are “excluded amounts” —
a
contributions under a registered pension scheme allowed under section 193(2) of Finance Act 2004 (relief under net pay arrangements) to be deducted by the employer from the employee’s employment income for the tax year;
b
donations for which a deduction is made under section 713 of ITEPA 2003 (payroll giving) in calculating the employee’s net taxable earnings from employment by the employer for the tax year;
c
expenses within Chapter 3 of Part 3 of ITEPA 2003 (expenses payments) which the employer is authorised to exclude from the employee’s taxable earnings for the tax year in accordance with PAYE Regulations;
d
payments in respect of removal expenses to which section 271 of ITEPA 2003 applies (as defined in section 272) and which are taxable earnings of the employee from employment by the employer for the tax year;
e
the amount of any allowance under Part 3 of the Income Tax Act 2007 to which the employee is shown to be entitled to in the code determined in accordance with PAYE Regulations for use by the employer in respect of the employee for the tax year.
.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 2011
The Secretary of State concurs.
Steve Webb
Signed by authority of the Secretary of State for Work and Pensions Minister of State
Department for Work and Pensions
29th March 2011
The Department for Social Development concurs.
Sealed with the Official Seal of the Department for Social Development on 24th March 2011
Anne McCleary
Senior Officer of the Department for Social Development


text:
Citation and commencement
1
This Order may be cited as the Morpeth School, Oaklands School and Swanlea School Order 2011 and comes into force on 1st September 2011.
Interpretation
2
In this Order, “the 1996 Act ” means the Education Act 1996 .
Relaxation of requirements in relation to pupils over compulsory school age
3
The following requirements are relaxed in relation to the Governing Bodies as they apply in relation to pupils who are over compulsory school age —
a
the requirement in section 434(1) of the 1996 Act for the proprietor of a school to cause to be kept a register containing the prescribed particulars in respect of all persons who are pupils at the school;
b
the requirement in section 434(3)(b) of the 1996 Act that the name of a pupil shall only be deleted from a register on a prescribed ground;
c
the requirement in regulation 3 of the Education (Information about Individual Pupils) (England) Regulations 2006 to provide the information set out in Schedule 1 to those Regulations to the local authority which maintain a school within fourteen days of the receipt of a request for that information by that local authority.
Modification
4
In its application to the Governing Bodies, regulation 5 of the Education (Pupil Registration) (England) Regulations 2006 is modified so that it has effect as if after “all the pupils” there was inserted “of compulsory school age”.
Time period
5
This Order has effect until 31st August 2012.
Jonathan Hill
Parliamentary Under Secretary of State
Department for Education
29th July 2011


text:
Citation
1
This Order may be cited as the Flood and Water Management Act 2010 (Commencement No. 5 and Transitional Provisions) Order 2011.
Interpretation
2
In this Order, “the 2010 Act ” means the Flood and Water Management Act 2010.
Provisions coming into force on 1st December 2011
3
The following provisions of the 2010 Act come into force on 1st December 2011 —
a
section 38 (incidental flooding or coastal erosion: Environment Agency), so far as not already commenced;
b
section 39 (incidental flooding or coastal erosion: local authorities), so far as not already commenced.
Transitional provisions
4
1
Despite the commencement of section 38 of the 2010 Act, the requirement in subsection (5)(c) of that section does not apply unless —
a
for an area in England, the lead local flood authority has published a summary of the local flood risk management strategy for that area under section 9(7) of the 2010 Act; or
b
for an area in Wales, the Welsh Ministers have approved a draft local flood risk management strategy for that area under section 10(10) of the 2010 Act.
2
Despite the commencement of section 39 of the 2010 Act, the requirement in subsection (7)(c) of that section does not apply unless —
a
for an area in England, the lead local flood authority has published a summary of the local flood risk management strategy for that area under section 9(7) of the 2010 Act; or
b
for an area in Wales, the Welsh Ministers have approved a draft local flood risk management strategy for that area under section 10(10) of the 2010 Act.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
28th November 2011
John Griffiths
Minister for Environment and Sustainable Development
one of the Welsh Ministers
21st November 2011


text:
Citation, commencement and expiry
1
1
These Regulations may be cited as the Immigration (Provision of Physical Data) (Amendment) Regulations 2011.
2
They come into force on 30th March 2012.
3
They cease to have effect on 9th November 2012.
Amendment of the Immigration (Provision of Physical Data) Regulations 2006
2
The Immigration (Provision of Physical Data) Regulations 2006 are amended as follows.
3
In regulation 2, in the definition of “application” —
a
at the end of paragraph (a) delete “or”;
b
at the end of paragraph (b) insert —
c
an application for leave to enter the United Kingdom made during the period commencing on 30th March 2012 and ending on 8th November 2012 where the person seeking leave to enter holds an accreditation card and would be required to obtain a visa to enter the United Kingdom under Appendix 1 to the immigration rules were that person not exempted from that requirement in accordance with the provisions of paragraph 2 of that Appendix applicable to holders of accreditation cards; or
d
an application for leave to remain in the United Kingdom made during the period commencing on 30th March 2012 and ending on 8th November 2012 where —
i
the person has been granted leave to enter the United Kingdom following an application mentioned in paragraph (c);
ii
an authorised person did not require a record of the person’s fingerprints and photograph of the person’s face to accompany that application for leave to enter; and
iii
the person seeking leave to remain holds an accreditation card and would have been required to obtain a visa to enter the United Kingdom under Appendix 1 to the immigration rules were that person not exempted from that requirement in accordance with the provisions of paragraph 2 of that Appendix applicable to holders of accreditation cards;
.
4
In regulation 2 —
a
before the definition of “application” insert —
“accreditation card” means an Olympic Identity and Accreditation Card or a Paralympic Identity and Accreditation Card issued by the London Organising Committee of the Olympic Games and Paralympic Games Limited ;
;
b
after the definition of “Convention travel document” insert —
“immigration rules” means rules made under section 3(2) of the Immigration Act 1971;
5
In regulation 6, for paragraph (2)(c) substitute —
c
attends any other place nominated by an authorised person where a record of his fingerprints or a photograph of his face is taken by an authorised person or by a person on behalf of an authorised person.
.
Damian Green
Minister of State
Home Office
18th July 2011


text:
Citation and commencement
1
1
This Order may be cited as the West Somerset (Electoral Changes) Order 2011.
2
This Order comes into force —
a
for the purpose of proceedings preliminary or relating to the elections of councillors, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2011.
Interpretation
2
In this Order —
“map” means the map marked “Map referred to in the West Somerset (Electoral Changes) Order 2011”, of which prints are available for inspection at the principal office of the Local Government Boundary Commission for England;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 .
Wards of the district of West Somerset and number of councillors
3
1
The existing wards of the district of West Somerset are abolished.
2
The district is divided into sixteen wards each bearing a name listed in column 1 of the Schedule.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
The number of councillors to be elected for each ward is the number specified in relation to that ward in column 2 of the Schedule.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.
Wards of the parish of Minehead and number of councillors
4
1
The existing wards of the parish of Minehead are abolished.
2
The parish is divided into four wards named respectively —
a
Alcombe;
b
Minehead Central;
c
Minehead North;
d
Minehead South.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Five councillors are to be elected for Minehead Central ward.
5
Four councillors are to be elected for each of the following wards:
a
Alcombe;
b
Minehead South.
6
Three councillors are to be elected for Minehead North ward.
Sealed with the seal of the Local Government Boundary Commission for England on the 28th day of January 2011
Max Caller
Chairman
Local Government Boundary Commission for England
28th January 2011