text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Promotion of the Use of Energy from Renewable Sources Regulations 2011.
2
These Regulations come into force on 14th March 2011.
3
Except as provided in this regulation, these Regulations extend to England and Wales, Scotland and Northern Ireland.
4
Regulation 5 extends to England and Wales and Scotland only.
5
Regulation 6 extends to Northern Ireland only.
6
Regulations 9 to 13 extend to England and Wales and Northern Ireland only.
Interpretation
2
In these Regulations —
“competent authority” means —
in relation to England and Wales and Scotland, the Secretary of State;
in relation to Northern Ireland, the Department of Enterprise, Trade and Investment;
“the Directive” means Directive 2009/28/ EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources ;
“energy from renewable sources” has the meaning given by Article 2(a) of the Directive; and
“renewables share” means the share of energy from renewable sources in the United Kingdom as calculated in accordance with Article 5 of the Directive .
Target for the renewables share in 2020
3
It is the duty of the Secretary of State to ensure that the renewables share in 2020 is at least 15%.
Duty to introduce measures
4
1
Except in relation to an indicative target period to which paragraph (2) applies, the Secretary of State must introduce measures effectively designed to ensure that the average renewables share for an indicative target period is at least the percentage specified in the second column of the Schedule to these Regulations in relation to that period.
2
This paragraph applies in relation to an indicative target period (“the relevant period”) if —
a
the relevant period commences on 1st January 2013, 1st January 2015 or 1st January 2017; and
b
the average renewables share for the indicative target period immediately preceding the relevant period is less than the percentage specified in the second column of the Schedule to these Regulations in relation to that indicative target period.
3
Where —
a
paragraph (2) applies and the relevant period commences on 1st January 2013, the Secretary of State must introduce adequate and proportionate measures to ensure that, within a reasonable period of time, the average renewables share for the two year period immediately preceding the date on which the calculation is made equals or exceeds 5.4%;
b
paragraph (2) applies and the relevant period commences on 1st January 2015, the Secretary of State must introduce adequate and proportionate measures to ensure that, within a reasonable period of time, the average renewables share for the two year period immediately preceding the date on which the calculation is made equals or exceeds 7.5%;
c
paragraph (2) applies and the relevant period commences on 1st January 2017, the Secretary of State must introduce adequate and proportionate measures to ensure that, within a reasonable period of time, the average renewables share for the two year period immediately preceding the date on which the calculation is made equals or exceeds 10.2%.
4
The measures referred to in paragraphs (1) and (3) must include measures designed to increase the renewables share by promoting and encouraging energy efficiency and energy saving.
5
The measures referred to in paragraphs (1), (3) and (4) may take into account —
a
measures introduced before these Regulations came into force; and
b
measures introduced or proposed by any other person or body.
6
In this regulation, “indicative target period” means any of the periods referred to in the first column of the Schedule to these Regulations.
Adaptation costs review and statement of measures: Great Britain
5
1
The Secretary of State must ensure that an adaptation costs review is carried out at least once in any period of two years.
2
The first adaptation costs review must be completed before 1st July 2011.
3
After each adaptation costs review, the Secretary of State must publish a statement setting out such measures as the Secretary of State considers necessary to improve the rules for the apportionment of the costs of grid adaptations for new renewable generating stations.
4
In this regulation —
“adaptation costs review” means a review of the rules for the apportionment of the costs of grid adaptations for new renewable generating stations between —
distribution licence holders;
transmission licence holders;
renewable generating stations requiring a connection to a grid;
generating stations already connected to a grid; and
any other person;
“distribution licence holder” has the same meaning as in Part 1 of the Electricity Act 1989 ;
“grid” means a transmission system or a distribution system within the meaning of Part 1 of the Electricity Act 1989 ;
“grid adaptations for new renewable generating stations” means such extensions and modifications to a grid as are necessary to enable a renewable generating station to connect to and convey electricity over the grid;
“renewable generating station” means a generating station generating electricity using energy from renewable sources; and
“transmission licence holder” has the same meaning as in Part 1 of the Electricity Act 1989 .
Adaptation costs review and statement of measures: Northern Ireland
6
1
The Northern Ireland Authority for Utility Regulation (“the Northern Ireland Authority”) must ensure that an adaptation costs review is carried out at least once in any period of two years.
2
The first adaptation costs review must be completed before 1st July 2011.
3
After each adaptation costs review, the Northern Ireland Authority must publish a statement setting out such measures as the Northern Ireland Authority considers necessary to improve the rules for the apportionment of the costs of grid adaptations for new renewable generating stations.
4
In this regulation —
“the 1992 Order ” means the Electricity (Northern Ireland) Order 1992 ;
“adaptation costs review” means a review of the rules for the apportionment of the costs of grid adaptations for new renewable generating stations between —
transmission licence holders;
electricity distributors;
renewable generating stations requiring a connection to a grid;
generating stations already connected to a grid; and
any other person;
“electricity distributor” has the same meaning as in Part 2 of the 1992 Order ;
“grid” means a transmission system or a distribution system within the meaning of Part 2 of the 1992 Order ;
“grid adaptations for new renewable generating stations” and “renewable generating station” have the same meaning as in regulation 5; and
“transmission licence holder” means the holder of a licence under article 10(1)(b) of the 1992 Order .
Duty to ensure measures are taken to inform the public
7
The competent authority must ensure that measures are taken to inform the public of the benefits and practicalities of generating and using energy from renewable sources.
Duty to make available information about equipment and systems
8
The competent authority must make available such information as it considers appropriate about the benefits, costs, and energy efficiency of —
a
equipment and systems for the generation of electricity using energy from renewable sources; and
b
equipment and systems for heating or cooling using energy from renewable sources.
Duty to ensure guidance is available about the optimal combination of renewable energy, energy efficient technologies and district heating and cooling
9
1
The responsible authority must ensure that guidance is available to help any person to consider the optimal combination of —
a
energy from renewable sources,
b
technologies that are energy efficient, and
c
district heating and district cooling
when planning, designing, building or renovating industrial or residential areas.
2
In paragraph (1) —
“district heating” and “district cooling” have the meaning given by Article 2(g) of the Directive; and
“responsible authority” means —
in relation to England, the Secretary of State;
in relation to Wales, the Welsh Ministers;
in relation to Northern Ireland, the Department of the Environment in Northern Ireland.
Duty to ensure guidance is available about support schemes
10
1
The responsible authority must ensure that guidance is available for the purpose of informing the persons specified in paragraph (2) about any support scheme made by the responsible authority.
2
The persons specified in this paragraph are —
a
such of the following persons as the responsible authority considers are likely to be interested in the support scheme to which the guidance relates —
i
suppliers and installers of equipment or systems for —
aa
heating;
bb
cooling; or
cc
the generation of electricity;
ii
suppliers of vehicles compatible with the use of energy from renewable sources;
iii
consumers;
iv
builders;
v
architects; and
b
any other person that the responsible authority considers is likely to be interested in the support scheme to which the guidance relates.
3
In this regulation —
“responsible authority” means —
in relation to England and Wales, the Secretary of State;
in relation to Northern Ireland, the Department of Enterprise, Trade and Investment; and
“support scheme” has the meaning given by Article 2(k) of the Directive.
Duty to take steps to ensure certain public buildings fulfil an exemplary role
11
1
The responsible authority must take such steps as it considers appropriate to ensure that a public building —
a
constructed after 31st December 2011; or
b
undergoing major renovation after that date
fulfils an exemplary role in the context of the Directive.
2
In paragraph (1) —
“public building” means a building owned by a person or body with functions of a public nature; and
“responsible authority” means —
in relation to England, the Secretary of State;
in relation to Wales, the Welsh Ministers;
in relation to Northern Ireland, the Northern Ireland Department responsible for matters concerning the role played by public buildings in the context of the Directive (if more than one department is responsible, the reference is to every one of them).
Duty to ensure certification or qualification schemes are established and to make information available
12
1
The responsible authority must ensure that certification or qualification schemes are established by 31st December 2012 for installers of the equipment specified in paragraph (2).
2
The equipment specified in this paragraph is small scale —
a
biomass boilers;
b
biomass stoves;
c
solar photovoltaic systems;
d
solar thermal systems;
e
shallow geothermal systems; and
f
heat pumps.
3
In relation to the duty in paragraph (1) —
a
the certification or qualification schemes may take into account schemes and structures established before these Regulations come into force; and
b
the certification or qualification schemes must be based on the criteria set out in Annex 4 to the Directive.
4
The responsible authority must make available to the public such information with respect to the schemes established in accordance with this regulation as the responsible authority considers appropriate.
5
For the purpose of paragraph (2), equipment is small scale if the capacity of the equipment to generate electricity or (as the case may be) to produce heat does not exceed the capacity mentioned in paragraph (6).
6
That capacity is —
a
in relation to the generation of electricity, 50 kilowatts;
b
in relation to the production of heat, 45 kilowatts thermal.
7
In this regulation “responsible authority” means —
a
in relation to England and Wales, the Secretary of State;
b
in relation to Northern Ireland, the Department of Enterprise, Trade and Investment.
Duty to recognise certificates
13
1
A responsible authority must recognise a certificate which is —
a
issued in accordance with the criteria set out in Annex 4 to the Directive (certification of installers of small scale biomass boilers, biomass stoves, solar photovoltaic systems, solar thermal systems, shallow geothermal systems and heat pumps); and
b
issued by or on the authority of an EEA State.
2
Paragraph (1) imposes no obligation on a responsible authority to satisfy itself that the certificate has been properly issued.
3
Recognition for the purposes of paragraph (1) shall be in such form as the responsible authority may determine.
4
In this regulation “responsible authority” means any Northern Ireland Minister, Minister of the Crown, government department, public body of any description or person holding a public office.
Charles Hendry
Minister of State
Department of Energy and Climate Change
7th February 2011


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Housing and Regeneration Act 2008 (Commencement No.8 and Transitional, Transitory and Saving Provisions) Order 2011.
2
In this Order —
“the 1983 Act ” means the Mobile Homes Act 1983 ;
“the 2008 Act ” means the Housing and Regeneration Act 2008;
“commencement date” means 30th April 2011;
“existing agreement” means a local authority agreement which is made before the commencement date;
“gypsies and travellers” means persons of nomadic habit of life, whatever their race or origin, but does not include members of an organised group of travelling showpeople, or persons engaged in travelling circuses, travelling together as such ;
“local authority agreement” means an agreement under which a person is entitled to station a mobile home on a local authority gypsy and traveller site in England;
“local authority gypsy and traveller site” means any land which is occupied by a local authority as a caravan site providing accommodation for gypsies and travellers;
“permanent pitch” means a pitch on which a person is entitled to station a mobile home under the terms of an agreement to which the 1983 Act applies and which is not a transit pitch;
“pitch” means land, forming part of a local authority gypsy and traveller site in England and including any garden area, on which a person is entitled to station a mobile home; and
“transit pitch” means a pitch on which a person is entitled to station a mobile home, under the terms of an agreement to which the 1983 Act applies, for a fixed period of up to 3 months.
3
Other expressions used, but not defined, in this Order and which are used in the 1983 Act have the same meaning in this Order as they have in the 1983 Act.
Commencement: local authority gypsy and traveller sites
2
1
Section 318 (protected mobile home sites to include sites for gypsies and travellers) of the 2008 Act comes into force on the commencement date in relation to local authority gypsy and traveller sites in England.
2
Section 321(1) (repeals) of, and Schedule 16 to, the 2008 Act come into force on the commencement date in relation to local authority gypsy and traveller sites in England so far as they relate to the following repeals —
Title Repeal
Mobile Homes Act 1983 (c. 34) In section 5(1), in the definition of “protected site”, the words from “does not include” to “that,”. Criminal Justice and Public Order Act 1994 (c. 33) In section 80(4), the words from “in the definition” to “1983 or”.
3
Paragraphs (1) and (2) are subject to articles 3 to 7.
Transit pitches: saving for certain purposes of the 1983 Act
3
The repeals made by the provisions brought into force by article 2 do not apply for the purposes of the operation of sections 1(3), (4) and (6) and 2(2) to (4) of the 1983 Act in relation to a transit pitch.
Existing agreements: general transitional provision
4
Subject to article 5, the 1983 Act applies to an existing agreement as it would apply to a local authority agreement made after the coming into force of the provisions brought into force by article 2 and the Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011 .
Existing agreements: transitional disapplication of certain terms and obligations
5
Notwithstanding article 4 —
a
sections 1(2) to (9) and 2(2) to (4) of the 1983 Act do not apply to an existing agreement, and
b
in relation to an existing agreement —
i
paragraphs 3 and 4 (termination) of Chapter 3, or paragraphs 3 to 6 (termination) of Chapter 4, of Part 1 of Schedule 1 to the 1983 Act , whichever Chapter may be applicable in a particular case, do not apply for the purposes of any proceedings commenced before the commencement date in which termination of the agreement is at issue;
ii
paragraph 8 (re-siting of mobile home) of Chapter 4 of Part 1 of that Schedule does not apply to a requirement that the occupier’s right to station the mobile home is exercisable for any period in relation to another pitch where the requirement is made before the commencement date;
iii
paragraph 15(2) and (6) to (11) (pitch fee) of Chapter 4 of Part 1 of that Schedule does not apply in relation to the first pitch fee review under that agreement where the pitch fee review date for that review is within 28 days of the commencement date;
iv
paragraph 16 (pitch fee) of Chapter 4 of Part 1 of that Schedule does not apply where works relating to an improvement were carried out before the commencement date;
v
paragraph 19(c) and (d) (occupier’s obligations) of Chapter 4 of Part 1 of that Schedule may not be enforced in relation to any breach of the agreement which occurs within 3 months of the commencement date;
vi
paragraph 19(e) (occupier’s obligations) of Chapter 4 of Part 1 of that Schedule does not apply in relation to costs and expenses incurred before the commencement date;
vii
paragraph 20(f) (owner’s obligations) of Chapter 4 of Part 1 of that Schedule does not apply where works relating to the improvements start before, or within the period of 28 days beginning with, the commencement date; and
viii
paragraph 20(g) (owner’s obligations) of Chapter 4 of Part 1 of that Schedule does not apply in relation to any matter which arises before, or within the period of 28 days beginning with, the commencement date.
Existing agreements: local authority’s duty to provide a written statement
6
1
In relation to an existing agreement in respect of a pitch which, by virtue of this Order, becomes a permanent pitch, the local authority must within the period of 28 days beginning with the commencement date give to the other party to the agreement a written statement which complies with the following paragraphs.
2
The written statement must —
a
specify the names and addresses of the parties,
b
include particulars of the pitch that are sufficient to identify it,
c
set out the express terms contained in the agreement,
d
set out the terms to be implied terms by virtue of the application of the 1983 Act to the agreement, and
e
be in the form set out in the Schedule to this Order or a form substantially to the same effect.
3
Subject to paragraph (4), if any express term —
a
is contained in the agreement, but
b
was not set out in a written statement given to the other party in accordance with paragraph (1),
the term is unenforceable by the local authority or any person within section 3(1) of the 1983 Act.
4
Where the local authority fails to give the other party to the agreement a written statement in accordance with paragraph (1), the other party may, at any time after the 28 days mentioned in that paragraph has expired, apply to a tribunal for an order requiring the local authority —
a
to give the person a written statement which complies with paragraph (2)(a) to (e), and
b
to do so not later than such date as is specified in the order.
5
In paragraph (4) “tribunal” has the same meaning as in the 1983 Act and a tribunal’s jurisdiction under that paragraph is to be treated as jurisdiction under the 1983 Act.
6
A statement required to be given to a person under this article may be either delivered to them personally or sent by post.
7
A written statement under this article is not to be treated as a written statement for the purposes of section 1 or 2 of the 1983 Act.
8
A written statement under this article is to be treated as a written statement for the purposes of Chapter 4 of Part 1 of Schedule 1 to the 1983 Act.
Existing agreements: general saving
7
The repeals made by the provisions brought into force by article 2 do not affect any right or liability which has accrued in relation to an existing agreement or any remedy in respect of any such right or liability.
Signed by authority of the Secretary of State for Communities and Local Government
Grant Shapps
Minister of State
Department for Communities and Local Government
4th April 2011


text:
Citation
1
This Order may be cited as the Designation of Schools Having a Religious Character (Independent Schools) (England) (No.2) Order 2011.
Interpretation
2
In this Order “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets education is provided at the school or the school is conducted.
Designation of schools
3
1
The schools listed in column (1) of the Schedule are designated as schools having a religious character.
2
The relevant religion or religious denomination in relation to a school listed in column (1) of the Schedule is specified in relation to that school in column (2).
Revocation
4
The Designation of Schools Having a Religious Character (Independent Schools) (England) Order 2011 is revoked.
P S A Jones
A Deputy Director in the
Department for Education
21st April 2011


text:
Title, application and commencement
1
These Regulations may be cited as the Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 2011, apply in relation to England only and come into force on 1st July 2011.
Interpretation
2
1
In these Regulations —
“the Commission Regulation” means Commission Regulation ( EU ) No. 284/2011 laying down specific conditions and detailed procedures for the import of polyamide and melamine plastic kitchenware originating in or consigned from the People’s Republic of China and Hong Kong Special Administrative Region, China ;
“ the Act ” means the Food Safety Act 1990;
“the Agency” means the Food Standards Agency;
“food authority” has the meaning that it bears by virtue of section 5(1) of the Act except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner and Middle Temple);
“relevant product” means plastic kitchenware originating in or consigned from the People’s Republic of China and Hong Kong Special Administrative Region, China.
2
Any expression used in these Regulations and the Commission Regulation has the same meaning in these Regulations as it bears in the Commission Regulation and any reference in these Regulations to a numbered Article is a reference to the Article so numbered in the Commission Regulation.
3
Where any functions under the Food Safety Act 1990 are assigned —
a
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 , to a port health authority;
b
by an order under section 6 of the Public Health Act 1936 , to a joint board for a united district; or
c
by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985 , to a single authority for a metropolitan county,
any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.
Breach of conditions on import of plastic kitchenware from China
3
1
No person may place on the market any relevant product that has been imported into the European Union other than in compliance with the requirements of Article 3(1),(2) and (3) (import conditions).
2
No person may place on the market any relevant product until —
a
the checks specified in paragraph 1(a) and, as the case may be, paragraph 1(b) of Article 6 (controls at the first point of introduction) have been completed; and
b
the food authority has issued a declaration in accordance with Article 3(4) indicating that the relevant product conforms and is thus acceptable for release into free circulation.
Offences and penalties
4
Any person who fails to comply with paragraph (1) or (2) of regulation 3 is guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
Competent authorities
5
1
The competent authority for the purposes of Articles 3(1) and (4), 4, 6(1), 7 and 9 is each food authority in its area or district.
2
The competent authority for the purpose of Article 6(2) is the Agency.
Execution and enforcement
6
1
It is the duty of each food authority in its area or district to execute and enforce the Commission Regulation and these Regulations.
2
Each food authority shall —
a
immediately inform the Agency of the results of any laboratory analysis which it has caused to be carried out under Article 6(1) if the results of that analysis indicate non-compliance; and
b
give the Agency such information and assistance as it may reasonably request in connection with the execution and enforcement of these Regulations.
3
The Commissioners for Her Majesty’s Revenue and Customs shall carry out the functions given to customs authorities under Article 8.
Expenses arising from official controls
7
1
Expenses charged pursuant to Article 27(1) of Regulation 882/2004 by a food authority to an importer in connection with the checks mentioned in Article 6(1) shall be payable by the importer on the written demand of the food authority.
2
Where a food authority identifies non-compliance —
a
with the requirements of Article 3(1),(2) or (3) or Article 4; or
b
following the checks mentioned in Article 6(1)(b),
expenses charged pursuant to Article 54(5) of Regulation 882/2004 by a food authority to an importer shall be payable by the importer on the written demand of the food authority.
3
In paragraph (1) and (2) and in regulation 8(3), “Regulation 882/2004” means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules .
Notices and actions in the case of non-compliance
8
1
If an importer presents a consignment of relevant product for import into England without submitting a declaration and accompanying laboratory report in accordance with the requirements of Article 3(1),(2) and (3), the food authority may by written notice require the importer to submit such a declaration and laboratory report within 14 days of the date of service of the notice.
2
If the checks provided for in Article 6(1) indicate that —
a
where notice has been served under paragraph (1), the declaration specified in Article 3(1) together with the laboratory report specified in Article 3(3) has not been submitted by the date specified in the notice; or
b
where notice has not been served under paragraph (1), the declaration specified in Article 3(1) together with the laboratory report specified in Article 3(3) has not been submitted; or
c
a declaration or a laboratory report has been submitted that does not comply with the requirements of Article 3(1),(2) and (3); or
d
the relevant product that is the subject of the checks —
i
fails an identity check, or
ii
does not meet the requirements of Commission Regulation (EU) No. 10/2011 on plastic materials and articles intended to come into contact with food ,
the food authority must take the steps set out in paragraph (3).
3
The food authority must, by written notice —
a
require the importer within 60 days of the date of service of the notice —
i
to re-dispatch the consignment outside the European Union,
ii
in the case of polyamide kitchenware, to carry out shredding and melting and form the resulting product into articles for purposes other than food contact, or
iii
at the importer’s expense to destroy the consignment under official control; and
b
inform the importer that if the requirements of sub-paragraph (a) are not complied with the authority may in accordance with Article 54(2) and (5) of Regulation 882/2004 arrange for the destruction of the consignment and recover the costs of storage and destruction from the importer.
4
Any notice under paragraph (1) or (3) may be served on the importer or the importer’s representative.
Rights of appeal
9
1
Any person who is aggrieved by a decision of an authorised officer to serve a notice under regulation 8(3) may appeal to a magistrates’ court.
2
The procedure on an appeal to a magistrates’ court under paragraph (1) shall be by way of complaint for an order, and the Magistrates’ Courts Act 1980 shall apply to the proceedings.
3
The period within which an appeal under paragraph (1) may be brought shall be one month from the date on which the notice was served on the person desiring to appeal and the making of a complaint for an order shall be deemed for the purposes of this paragraph to be the bringing of the appeal.
4
Where on an appeal under paragraph (1) a magistrates’ court determines that the decision of the authorised officer is incorrect, the authority shall give effect to the determination of the court.
5
A person who is aggrieved by the dismissal by a magistrates’ court of an appeal to it under paragraph (1) may appeal to the Crown Court.
6
Where an appeal has been brought under paragraph (1) within the period specified in paragraph (3), the effect of a notice served under regulation 8(3) is suspended pending the final determination of the appeal.
Suspension of designation of first point of introduction
10
1
Where the Agency is satisfied that the continued operation of a first point of introduction designated under Article 5 presents a serious risk to public health, it may suspend the designation of the first point of introduction either in full or in part by the service on the operator of the point of introduction of a written notice to that effect.
2
Upon service of a notice under paragraph (1), the point of introduction shall cease to be a designated first point of introduction under Article 5 to the extent so specified in that notice until it is again so designated under Article 5.
Application of various sections of the Food Safety Act 1990
11
1
The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part of it is to be construed as a reference to these Regulations —
a
section 20 (offences due to fault of another person);
b
section 21 (defence of due diligence) with the modification that —
i
subsections (2) to (4) shall apply in relation to an offence of contravening regulation 3 as they apply in relation to an offence under section 14 or 15, and
ii
in subsection (4) the references to “sale” are deemed to include references to “placing on the market”;
c
section 30(8) (which relates to documentary evidence);
d
section 35(1) (punishment of offences) , in so far as it relates to offences under section 33(1) as applied by paragraph (3)(a);
e
section 35(2) and (3) , in so far as it relates to offences under section 33(2) as applied by paragraph (3)(b);
f
section 36 (offences by bodies corporate); and
g
section 36A (offences by Scottish partnerships) .
2
In the application of section 32 of the Act (powers of entry) for the purposes of these Regulations, the references in subsection (1) to the Act are to be construed as including references to the Commission Regulation.
3
The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act is to be construed as including a reference to the Commission Regulation and these Regulations —
a
section 33(1) (obstruction etc. of officers);
b
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” is deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (a); and
c
section 44 (protection of officers acting in good faith).
4
Section 34 of the Act (time limit for prosecutions) applies to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.
Statutory review
12
1
Before the end of each review period the Agency must —
a
carry out a review of regulations 3 to 11;
b
set out the conclusions of the review in a report; and
c
publish the report.
2
In carrying out the review the Agency must, so far as is reasonable, have regard to how the Commission Regulation is executed and enforced in other Member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established by these Regulations;
b
assess the extent to which those objectives are achieved; and
c
assess whether those objectives remain appropriate and, if they do, the extent to which they could be achieved with a system that imposes less regulation.
4
“Review period” means —
a
the period of 5 years beginning with the day on which these Regulations come into force; and
b
subject to paragraph (5), each successive period of 5 years.
5
If the report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
Signed by authority of the Secretary of State for Health.
Anne Milton
Parliamentary Under-Secretary of State,
Department of Health
16th June 2011


text:
1
This Instrument may be cited as “The Salford City Council (Greengate Bridge) Scheme 2010 Confirmation Instrument 2011” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Salford City Council (Greengate Bridge) Scheme 2010 (“the Scheme”) is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plans) and copies of the Scheme with its accompanying plans are deposited at the offices of the Department for Transport, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA, and at the offices of Salford City Council at Civic Centre, Chorley Road, Swinton, M27 5DA.
Signed by authority of the Secretary of State for Transport,
J. Blackie
Director
Government Office for the North East
9th February 2011


text:
PART 1 General
Citation, commencement and application
1
1
These Regulations may be cited as the Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011 and come into force on 1st April 2011.
2
These Regulations apply in relation to England only.
Interpretation
2
1
In these Regulations —
“the 1989 Act ” means the Children Act 1989;
“the 2000 Act ” means the Care Standards Act 2000 ;
“foster parent” means a person with whom a child is placed, or may be placed, under these Regulations by a voluntary organisation under section 59(1)(a) of the 1989 Act;
“fostering agency” has the meaning given in section 4(4) of the 2000 Act ;
“fostering service provider” means —
a fostering agency, or
in relation to a local authority fostering service, a local authority;
“placement” means the provision of accommodation for a child who is not looked after by a local authority —
by a voluntary organisation by any of the means specified in section 59(1)(a), (aa) or (f) of the 1989 Act (provision of accommodation by voluntary organisations), and
in a private children’s home (otherwise than by, or on behalf of, a local authority , or voluntary organisation), and references to “place” or “placed” are to be construed accordingly;
“placement plan” has the meaning given in regulation 4(1);
“Primary Care Trust” means a Primary Care Trust continued or established in accordance with section 18 of the National Health Service Act 2006 ;
“responsible authority” means —
in relation to a placement by a voluntary organisation of a child, the voluntary organisation which place the child, and
in relation to a placement in a private children’s home of a child who is neither looked after by a local authority nor accommodated in such a home by a voluntary organisation, the person carrying on the home.
2
In these Regulations any reference to any document or other record includes any such document or record that is kept or provided in a readily accessible form and includes copies or original documents and electronic methods of recording information.
Application of Regulations
3
These Regulations do not apply to a placement of a child, otherwise than by a voluntary organisation, in a school which is a children’s home within the meaning of section 1(6) of the 2000 Act.
PART 2 Placements – general provisions
Making of arrangements
4
1
Before a placement is made, the responsible authority must, so far as is reasonably practicable, make immediate and long-term arrangements for that placement and for promoting the welfare of the child who is to be placed and must set out those arrangements in writing (a “placement plan”).
2
If it is not reasonably practicable to prepare the placement plan before making the placement, the placement plan must be prepared within 5 working days of the start of the placement.
3
Unless paragraph (4) applies, the placement plan must, so far as is reasonably practicable, be agreed by the responsible authority with —
a
any parent of the child and any person who is not the child’s parent but who has parental responsibility for the child, or
b
if there is no such person, the person who is caring for the child,
before a placement is made or, where the placement plan is not agreed before the placement is made, as soon as reasonably practicable after the start of the placement.
4
Where a child is aged 16 or over and agrees to be provided with accommodation, the placement plan must, if possible, be agreed with the child by the responsible authority.
Considerations on making, and contents of, placement plans
5
1
In preparing the placement plan, the responsible authority must have regard in each case to previous arrangements made in respect of the child and whether a change in those arrangements is needed and must consider alternative courses of action.
2
In preparing the placement plan, the responsible authority must also have regard to the considerations specified in Schedule 1.
3
The placement plan must include, where practicable, arrangements concerning the matters specified in Schedule 2.
Health assessment
6
1
Subject to paragraphs (3) and (4), the responsible authority must —
a
before making a placement, or if that is not reasonably practicable, as soon as reasonably practicable after a placement is made, make arrangements for a registered medical practitioner to conduct an assessment of the child, which may include a physical examination of the child’s state of health,
b
require the registered medical practitioner who conducts the assessment to prepare a written report of the assessment which addresses the matters listed in paragraphs 1 to 3 of Schedule 1, and
c
having regard to the matters listed in paragraphs 1 to 5 of Schedule 1 and, unless paragraph (3) applies, prepare a plan for the future health care of the child if one is not already in existence.
2
The responsible authority must ensure that each child is provided during the placement with —
a
health care services, including medical and dental care and treatment, and
b
advice and guidance on health, personal care and health promotion issues appropriate to the child’s needs.
3
Paragraph (1) does not apply if, within a period of 3 months immediately preceding the placement, the child’s health has been assessed, and a report of the assessment has been prepared in accordance with that paragraph.
4
Sub-paragraphs (a) and (b) of paragraph (1) do not apply if the child, being of sufficient age and understanding to do so, refuses to consent to the assessment.
Notification of arrangements
7
1
The responsible authority must, so far as is reasonably practicable, notify the following persons in writing of the arrangements to place a child, before the placement is made —
a
the child, unless it would not be appropriate to do so having regard to the child’s age and understanding,
b
any parent of the child and any person who is not the child’s parent but who has parental responsibility for the child,
c
the Primary Care Trust (or in the case of a child to be placed in Wales, the local health board) for the area in which the child is living and, if it is different, for the area in which the child is to be placed,
d
the local authority for the area in which the child is living and, if it is different, for the area in which the child is to be placed,
e
the general medical practitioner who provides, or is to provide, primary medical services under Part 4 of the National Health Service Act 2006 to the child,
f
any person who was caring for the child immediately before the arrangement is made,
g
any person in whose favour a contact order is in force with respect to the child,
h
any educational institution attended by, or person providing education or training for, the child, and
i
any other person whose wishes and feelings have been sought under section 61(2) or section 64(2) of the 1989 Act (consultation prior to decision-making in respect of children provided with accommodation by a voluntary organisation or in a private children’s home).
2
Where it is not practicable to give the notification before the placement, it must be given as soon as reasonably practicable after the start of the placement.
3
The responsible authority must send a copy of the placement plan (or such part of the plan as they consider will not prejudice the welfare of the child) with the notification referred to in paragraph (1) to the persons specified in paragraph (1)(a), (b), (d) and (f).
4
In particular, the responsible authority may decide not to give a copy of the placement plan, or a full copy of the placement plan, to the child’s parent, or to the person who is not the child’s parent but who has parental responsibility for the child, if to do so would put the child at risk of significant harm.
Arrangements for contact
8
A responsible authority must, unless it is not reasonably practicable or consistent with the child’s welfare, endeavour to promote contact between the child and the persons mentioned in paragraph 6 of Schedule 2.
Establishment of records
9
1
The responsible authority must establish, if one is not already in existence, a written case record in respect of each child who is placed by a voluntary organisation or in a private children’s home.
2
The record must include —
a
a copy of the placement plan,
b
a copy of the child’s health assessment and any plan for the future health care of the child referred to in regulation 6,
c
a copy of any document considered or record established in the course of, or as a result of, a review of the child’s case in accordance with Part 5,
d
a copy of any report prepared in accordance with regulation 13(2)(b), and
e
details of any delegation of responsibility by the responsible authority to another person.
Retention and confidentiality of records
10
1
The responsible authority must retain a child’s record either —
a
until the seventy-fifth anniversary of the child’s birth, or
b
if the child dies before attaining the age of 18, for 15 years beginning with the date of the child’s death.
2
A responsible authority must secure the safe keeping of case records and must take all necessary steps to ensure that information contained in them is treated as confidential, subject only to —
a
any provision of, or made under or by virtue of, a statute under which access to such records or information may be obtained or given,
b
any court order under which access to such records or information may be obtained or given.
PART 3 Placements by a voluntary organisation with a foster parent
General duty of voluntary organisation
11
A voluntary organisation must not place a child with a foster parent unless they are satisfied that —
a
the placement is the most suitable way of performing their duty under section 61(1)(a) and (b) of the 1989 Act, and
b
placement with a particular foster parent is the most suitable placement having regard to all the circumstances.
Making of placements
12
1
A voluntary organisation may only place a child with a foster parent if —
a
the foster parent is approved by —
i
that voluntary organisation, or
ii
provided the conditions specified in paragraph (2) are satisfied, another fostering service provider,
b
the terms of the foster parent’s approval are consistent with the proposed placement, and
c
the foster parent has entered into a foster care agreement either with the voluntary organisation or with another fostering service provider in accordance with regulation 27(5)(b) of the Fostering Services (England) Regulations 2011 .
2
The conditions referred to in paragraph (1)(a)(ii) are —
a
that the fostering service provider by whom the foster parent is approved, consents to the placement, and
b
that any other fostering service provider or any local authority which already have a child placed with the foster parent, consent to the placement.
Visits
13
1
A voluntary organisation must satisfy themselves that the welfare of each child placed by them with a foster parent continues to be suitably provided for by the placement, and for that purpose the voluntary organisation must make arrangements for a person authorised by the organisation to visit the child, where the child is living —
a
from time to time as circumstances may require,
b
when reasonably requested by the child or the foster parent, and
c
in any event (subject to regulation 28) —
i
in the first year of the placement, within 1 week from the start of the placement and then at intervals of not more than 6 weeks, and
ii
subsequently, at intervals of not more than 3 months.
2
On each occasion on which the child is visited under this regulation the voluntary organisation must ensure that the person they have authorised to carry out the visit —
a
sees the child alone unless the child, being of sufficient age and understanding to do so, refuses, and
b
prepares a written report of the visit.
PART 4 Other Duties
Termination of placements
14
1
A voluntary organisation must not allow a placement to continue if it appears to them that the placement is no longer the most suitable way of performing their duty under section 61(1)(a) and (b) of the 1989 Act.
2
Where it appears to the local authority within whose area the child is placed, that there is a risk of immediate significant harm to the child, the local authority must remove the child immediately .
3
A local authority which remove a child under paragraph (2) must notify, as soon as reasonably practicable, the responsible authority and any persons specified under regulation 7(1) whom they consider should be notified.
Placements outside England
15
A voluntary organisation must not place a child outside the British Islands.
Local authority visits to children
16
1
Every local authority must arrange for an officer of the local authority to visit every child who is placed within their area as follows —
a
subject to regulation 28, within 28 days of the start of the placement,
b
within 14 days of receipt of a request from the responsible authority, and
c
as soon as reasonably practicable if, having received —
i
the child’s placement plan under regulation 7(3),
ii
the results of the review under regulation 23(3)(b), or
iii
any other information,
they consider that the child’s welfare is not being adequately safeguarded or promoted.
2
Every local authority must ensure that a person carrying out a visit in accordance with paragraph (1) —
a
sees the child in private during the course of the visit unless —
i
the child, being of sufficient age and understanding to do so, refuses,
ii
the person carrying out the visit considers it inappropriate to do so, having regard to the child’s age and understanding, or
iii
the person carrying out the visit is unable to do so, and
b
takes steps to discover whether the responsible authority have made suitable arrangements to perform their duties under these Regulations, and those under sections 61 and 64 of the 1989 Act.
3
A local authority must report to Her Majesty’s Chief Inspector of Education, Children’s Services and Skills any concerns they may have about the responsible authority.
PART 5 Reviews of children’s cases
Reviews of children’s cases
17
The responsible authority must review a child’s case in accordance with these Regulations, so long as the child remains placed.
18
1
Each responsible authority must appoint a person (“the independent reviewing officer”) in respect of each child’s case to carry out the following functions —
a
participating in any review of the child’s case,
b
monitoring the performance of the authority’s functions in respect of the review, and
c
referring the case to an officer of the Children and Family Court Advisory and Support Service or a Welsh family proceedings officer where the child is ordinarily resident in Wales, if the independent reviewing officer considers it appropriate to do so.
2
The independent reviewing officer must be a person who is registered as a social worker in a register maintained by the General Social Care Council or by the Care Council for Wales under section 56 of the 2000 Act or in a corresponding register maintained under the law of Scotland or Northern Ireland.
3
The independent reviewing officer must be a person who, in the opinion of the responsible authority, has sufficient relevant social work experience to undertake the functions mentioned in paragraph (1) in relation to the case.
4
A person who is an employee of the responsible authority may not be appointed as an independent reviewing officer in a case if that person is involved in preparing the child’s placement plan or is under the direct management of —
a
a person involved in preparing the child’s placement plan,
b
a person with management responsibilities in relation to a person mentioned in sub-paragraph (a), or
c
a person with control over the resources allocated to the case.
5
The independent reviewing officer must, as far as reasonably practicable, attend any meeting held in connection with the review of the child’s case and, if attending the meeting, chair it.
6
The independent reviewing officer must, as far as reasonably practicable, take steps to ensure that the review is conducted in accordance with these Regulations and in particular to ensure —
a
that the child’s views, having regard to their age and understanding, are understood and taken into account,
b
that the persons responsible for implementing any decision taken in consequence of the review are identified, and
c
that any failure to review the case in accordance with these Regulations or to take proper steps to make arrangements in accordance with regulation 24 is brought to the attention of persons at an appropriate level of seniority within the responsible authority.
7
It is the duty of the independent reviewing officer to explain to the child any steps which the child may take under the 1989 Act including, where appropriate —
a
the child’s right to apply, with leave, for a section 8 order (residence, contact and other orders with respect to children), and
b
the availability of the procedure established by local authorities under section 26(3) of the 1989 Act for considering any representations (including complaints) the child may wish to make about the discharge by a local authority of their functions.
8
If the child whose case is reviewed wishes to take proceedings under the 1989 Act, the independent reviewing officer must —
a
assist the child to obtain legal advice, or
b
establish whether an appropriate adult is able and willing to provide such assistance or bring the proceedings on the child’s behalf.
Time when each case to be reviewed
19
1
Each case must first be reviewed within 4 weeks of the date on which the child is placed.
2
The second review must be carried out not more than 3 months after the first and thereafter subsequent reviews must be carried out at intervals of not more than 6 months.
3
A review must be carried out before the time specified in paragraph (1) or (2) if the child or the independent reviewing officer so requests.
4
This regulation is subject to regulation 28.
Manner in which cases are to be reviewed
20
1
Each responsible authority must set out in writing their arrangements governing the manner in which the case of each child must be reviewed and must draw the written arrangements to the attention of those specified in regulation 23(1).
2
The responsible authority must make arrangements to co-ordinate the carrying out of all aspects of the review of that child’s case.
3
The responsible authority must nominate a person to assist the authority in the co-ordination of all aspects of the review.
4
The manner in which each case is reviewed must, so far as practicable, include the elements specified in Schedule 3 .
5
Nothing in these Regulations prevents the carrying out of any review under these Regulations and any other review, assessment or consideration under any other provision at the same time.
Considerations to which the responsible authority are to have regard
21
The considerations to which the responsible authority are to have regard so far as is reasonably practicable in reviewing each case are the considerations concerning the health and education of the child listed in Schedule 1 and the considerations specified in Schedule 4.
Health reviews
22
1
Subject to paragraph (2), the responsible authority must, in respect of each child who remains placed —
a
arrange for an assessment, which may include a physical examination, of the child’s state of health, to be conducted by a registered medical practitioner, or a registered nurse or registered midwife acting under the supervision of a registered medical practitioner —
i
at least once in every period of 6 months before the child’s fifth birthday, and
ii
at least once in every period of 12 months after the child’s fifth birthday,
b
require the person who carried out the assessment to prepare a written report which addresses the matters listed in paragraphs 1 to 5 of Schedule 1, and
c
review the plan for the future health of the child prepared under regulation 6(1)(c) at the intervals set out in sub-paragraphs (i) and (ii) of sub-paragraph (a).
2
Sub-paragraphs (a) and (b) of paragraph (1) do not apply if the child, being of sufficient age and understanding to do so, refuses to consent to the assessment.
Consultation, participation and notification
23
1
Before conducting any review in accordance with regulation 17, the responsible authority must, unless it is not reasonably practicable to do so, seek and take into account the views of —
a
the child,
b
the child’s parents,
c
any person who is not a parent of the child but who has parental responsibility for that child, and
d
any other person whose views the authority consider to be relevant, including, in particular, the views of those persons in relation to any particular matter which is to be considered in the course of the review.
2
The responsible authority must, so far as is reasonably practicable, involve the persons whose views are sought under paragraph (1) in the review and, in order to do so, may invite those persons to attend any meeting held in connection with the review of the child’s case as appropriate.
3
The responsible authority must, so far as is reasonably practicable, notify details of the result of the review and of any decision taken by them in consequence of the review to —
a
the persons listed at paragraph (1)(a) to (c),
b
the local authority in whose area the child is placed, and
c
to any other person whom they consider ought to be notified.
Arrangements for implementation of decisions arising out of reviews
24
The responsible authority must make arrangements themselves or with other persons to implement any decision which the authority propose to make in the course, or as a result, of the review of a child’s case.
Matters to be notified to the independent reviewing officer
25
The responsible authority must inform the independent reviewing officer of —
a
any significant failure to make arrangements in accordance with regulation 24, or
b
any significant change of circumstances occurring after the review that affects those arrangements.
Monitoring arrangements for reviews
26
Each responsible authority must monitor the arrangements which they have made with a view to ensuring that they comply with these Regulations.
Recording review information
27
Each responsible authority must ensure that the following matters are recorded in writing —
a
information obtained in respect of the review of a child’s case,
b
details of the proceedings at any meeting arranged by the authority at which the child’s case is considered in connection with any aspect of the review of that case, and
c
details of any decisions made in the course of or as a result of the review.
PART 6 Miscellaneous
Application of Regulations to short-term placements
28
1
This regulation applies where a child is placed in a series of short-term placements with the same person or in the same accommodation and the arrangement is such that no single placement is intended to last for longer than 17 days and the total duration of the placements does not exceed 75 days in any period of 12 months.
2
Any series of short-term placements to which this regulation applies may be treated as a single placement for the purposes of these Regulations and in such a case the Regulations apply with the modifications set out in paragraphs (3) to (5).
3
Regulation 13(1)(c) applies as if it required arrangements to be made for visits to the child on a day when the child is in fact placed (“a placement day”) —
a
within the first 7 placement days of a series of short-term placements, and
b
thereafter, if the series of placements continues, at intervals of not more than 6 months or, if the interval between placements exceeds 6 months, during the next placement.
4
Regulation 16(1)(a) applies as if it required arrangements to be made for visits to the child on a placement day within the first 7 placement days of a series of short-term placements.
5
Regulation 19 does not apply to a case to which this regulation applies, but instead —
a
each such case is first to be reviewed within 3 months of the beginning of the first of the short-term placements,
b
if the case continues, the second review must be carried out not more than 6 months after the first, and
c
thereafter, if the case continues, subsequent reviews must be carried out not more than 6 months after the date of the previous review.
Revocations
29
The Arrangements for Placement of Children (General) Regulations 1991 and the Review of Children’s Cases Regulations 1991 are revoked.
Tim Loughton
Parliamentary Under Secretary of State
Department for Education
3rd March 2011


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Pensions Appeal Tribunals Act 1943 (Time Limit for Appeals) (Amendment) Regulations 2011.
2
These Regulations shall come into force on 9th May 2011.
3
In these Regulations “ the Act ” means the Pensions Appeal Tribunals Act 1943.
Time limit for appeals
4
1
Section 8 of the Act (time limit for appeals) shall be amended as follows.
2
In subsection (1) for “six” substitute “twelve”.
3
In subsection (3) for “three” substitute “twelve”.
Transitional provision
5
1
Subject to paragraph (2), the amendments made by regulation 4 apply to appeals under the Act in respect of decisions or assessments whenever made.
2
The amendments do not apply to an appeal in respect of a decision or assessment made before 9th May 2011 if the period for giving notice of the appeal under section 8(1) or (3) of the Act (ignoring regulation 4) expired before that date.
6
1
This regulation applies if —
a
under the Act, an appeal lies in respect of a decision or assessment made before 9th May 2011,
b
by virtue of these Regulations, the period for giving notice of the appeal under section 8(1) or (3) of the Act is changed, and
c
notice of the appeal has not been given before 9th May 2011.
2
The Secretary of State shall, no later than 30th June 2011, give notice to the claimant in question of the change in the period for giving notice of the appeal.
3
A notice given by the Secretary of State under paragraph (2) shall be in writing and may be sent by post to the last known or usual place of abode of the claimant or any person authorised to act on the claimant’s behalf in relation to the claim.
Andrew Robathan
Parliamentary Under Secretary of State
Ministry of Defence
9th May 2011


text:
Citation
1
This Order may be cited as the International Tax Enforcement (Dominica) Order 2011.
Tax information exchange agreement to have effect
2
It is declared that —
a
the agreement set out in the Schedule to this Order has been made with the Government of the Commonwealth of Dominica with a view to the exchange of information foreseeably relevant to the administration or enforcement or recovery of the taxes, and debts relating to the taxes, covered by the agreement; and
b
it is expedient that the agreement should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Overseas Territories (Change of Name) (No. 3) Order 2011 and shall come into force on 8th July 2011.
Amendment of an instrument
2
Schedule 1 to the Extradition (Overseas Territories) Order 2002 is amended by replacing the words “St Helena and St Helena Dependencies” with the words “St Helena, Ascension and Tristan da Cunha”.
Judith Simpson
Clerk of the Privy Council