text:
PART 1 Introduction
Title, commencement and extent
1
1
These Regulations may be cited as the Wine Regulations 2011.
2
They come into force on 30th December 2011.
3
In regulation 19, an amendment of an enactment has the same extent as that enactment, and in regulation 20, a revocation of an enactment has the same extent as that enactment.
Interpretation
2
1
In these Regulations —
a
references to EU instruments are references to those instruments as amended from time to time;
b
terms used in the European Regulations have the same meaning as in those Regulations.
2
In these Regulations —
“authorised officer” means a person appointed by an enforcement authority for the purposes of these Regulations,
“the European Regulations” means —
Council Regulation (EEC) No 1601/91 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails ,
the provisions of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) amended or inserted by Council Regulation (EC) No 491/2009 ,
Commission Regulation (EC) No 555/2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector ,
Commission Regulation ( EC ) No 436/2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards the vineyard register, compulsory declarations and the gathering of information to monitor the wine market, the documents accompanying consignments of wine products and the wine sector registers to be kept ,
Commission Regulation (EC) No 606/2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions , and
Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products ;
“premises” includes any land or vehicle; and
“wine sector product” means a product mentioned in Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation).
Official functions and enforcement
3
1
The local authority enforces the European Regulations in relation to retail sale; and in this paragraph “local authority” means —
a
an authority (other than the council of a non-metropolitan district) that is a food authority for the purposes of the Food Safety Act 1990 ; and
b
in Northern Ireland, a district council within the meaning of the Interpretation Act (Northern Ireland) 1954 .
2
The Secretary of State, general customs officials and the Food Standards Agency enforce them in relation to import and export.
3
In relation to Scotland, the reference in paragraph (2) to “The Secretary of State” is to be read as a reference to “The Scottish Ministers”.
4
In relation to Northern Ireland, the reference in paragraph (2) to “The Secretary of State” is to be read as a reference to “The Department of Agriculture and Rural Development”.
5
Otherwise the Food Standards Agency or the Secretary of State enforce these Regulations and the European Regulations.
6
In relation to Scotland, the reference in paragraph (5) to “the Secretary of State” is to be read as a reference to “the Scottish Ministers”.
7
Each of these is referred to as “an enforcement authority”.
8
In this regulation “general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009 .
9
Nothing in these Regulations authorises an enforcement authority to bring proceedings in Scotland for an offence.
The competent authority
4
1
The Secretary of State is the competent authority for, and acts as the Member State for, the European Regulations.
2
But —
a
the Food Standards Agency is the competent authority for the purposes of —
i
the reception of any information or declarations that must be submitted to the competent authority or Member State under the European Regulations,
ii
Article 118o(1) of Council Regulation (EC) No 1234/2007 , and
iii
Article 63(1) of Commission Regulation (EC) No 607/2009 ;
b
the Commissioners for Her Majesty’s Revenue and Customs are the competent authority for the purposes of Article 44 of Commission Regulation (EC) No 436/2009 .
3
In relation to Scotland — —
a
the reference in paragraph (1) to “The Secretary of State” is to be read, in relation to the competent authority, as a reference to “The Scottish Ministers”; and
b
the reference in paragraph (2)(b) to “the Commissioners for Her Majesty’s Revenue and Customs” is to be read as a reference to “the Scottish Ministers”.
PART 2 Vineyard registers, protected geographical indications and protected designations of origin
Information to be provided for the purposes of the vineyard register
5
1
Paragraph (2) applies to a person who is the owner of, or who has planted, vines of more than 0.1 hectare before 30th December 2011, if the specified information has not been provided to the Food Standards Agency in respect of that plantation before that date.
2
A person to whom this paragraph applies must provide the Food Standards Agency with the specified information within a period of 6 months beginning with the 30th December 2011.
3
A person who plants vines of more than 0.1 hectare, or who has increased an existing plantation of vines to one of more than 0.1 hectare, after 30th December 2011, must provide the Food Standards Agency with the specified information within a period of 6 months beginning with the date of planting.
4
In this regulation, “the specified information” means the information in Article 3(1)(a)(i) to (iv) of Commission Regulation (EC) No 436/2009 .
Protected geographical indications and protected designations of origin
6
1
Schedule 1 (protected geographical indications) has effect.
2
Schedule 2 (protected designations of origin) has effect.
PART 3 Enforcement
Disclosure of information
7
1
The Commissioners for Her Majesty’s Revenue and Customs may disclose any information in their possession to the Secretary of State or the Food Standards Agency for the purposes of the European Regulations or these Regulations.
2
Paragraph (1) is without prejudice to any other power of the Commissioners to disclose information.
Powers of authorised officers
8
1
An authorised officer may, on producing a duly authenticated authorisation if required, at any reasonable time enter any premises (except those used wholly or mainly as a private dwellinghouse) for the purpose of executing or enforcing the European Regulations or these Regulations.
2
An authorised officer who has entered premises, whether under paragraph (1) or under the authority of a warrant under regulation 9 , may —
a
inspect any materials or articles;
b
have access to, and inspect and copy any documents or records (in whatever form they are held), and remove them to enable them to be copied;
c
have access to, inspect and check the operation of any computer and any associated apparatus used in connection with the records, and may require any person to afford such assistance as may reasonably be required (including the provision of passwords), and may require any computer records to be produced in a form in which they may be taken away;
d
seize and retain anything required as evidence in proceedings under these Regulations;
e
undertake an inventory of wine sector products and of anything which may be used in the preparation of wine sector products; and
f
purchase or take samples of any wine sector product and of anything which may be used in the preparation of wine sector products.
3
An authorised officer who has procured a sample of any wine sector product or of anything which may be used in the preparation of such a product may analyse or examine that sample or have that sample analysed or examined.
4
An authorised officer entering any premises by virtue of this regulation or regulation 9 may be accompanied by either or both of the following —
a
such other person as the officer considers necessary,
b
a representative of the European Commission.
Warrant
9
1
If a justice of the peace, on sworn information in writing, or in Scotland by evidence on oath, or in Northern Ireland on a sworn complaint in writing, is satisfied —
a
that there are reasonable grounds to enter any premises for the purposes of executing or enforcing the European Regulations or these Regulations; and
b
that any of the conditions in paragraph (2) are met,
the justice may by signed warrant authorise the authorised officer to enter the premises, if need be by reasonable force.
2
The conditions are that —
a
admission to the premises has been refused, or a refusal is expected, and (in either case) notice of the intention to apply for a warrant has been given to the occupier;
b
asking for admission to the premises, or the giving of such notice, would defeat the object of the entry;
c
entry is required urgently; or
d
the premises are unoccupied or the occupier is temporarily absent.
3
A warrant is valid for three months.
4
An authorised officer entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.
5
In this regulation, a reference to a justice of the peace —
a
in Scotland includes a sheriff; and
b
in Northern Ireland is a reference to a lay magistrate.
Warning notices
10
1
An authorised officer who believes that a person has contravened any provision of the European Regulations may serve a notice under this regulation on the person (a “warning notice”).
2
A warning notice must —
a
state the provision of the European Regulations that the officer believes has been breached;
b
notify the person that any future breach of that provision by them may render the person liable to prosecution; and
c
give details of the right of appeal against the notice.
Enforcement notices
11
1
An enforcement notice is a notice requiring a person to take specified steps to remedy a contravention, to remedy a contravention to the fullest extent possible, or to remedy matters making it likely that a contravention will arise.
2
An authorised officer may serve an enforcement notice on a person if the officer is of the opinion that the person —
a
has contravened regulation 5 ; or
b
has contravened, is contravening or is likely to contravene any provision of the European Regulations.
3
An enforcement notice must —
a
state that the officer is of that opinion;
b
specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be;
c
specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be;
d
specify the period within which those steps must be taken; and
e
give details of the right of appeal against the notice.
Prohibition notices
12
1
A prohibition notice is a notice prohibiting the movement, marketing or export of a wine sector product.
2
An authorised officer may serve a prohibition notice on a person who appears to be in control of a wine sector product if the officer is of the opinion that there has been or may have been a contravention of any provision of the European Regulations in relation to the product.
3
A prohibition notice must give details of the right of appeal against the notice.
4
The officer may mark any wine sector product or container in relation to which a prohibition notice has been served (and remove or alter any such mark).
Appeals against notices etc.
13
1
A person who is aggrieved by a notice served under these Regulations may appeal against it.
2
The right of appeal is to a person nominated by the Food Standards Agency.
3
An appeal must be brought within the period of 28 days beginning with the date on which the notice is served.
4
A notice is not suspended pending an appeal unless the person nominated under paragraph (2) decides otherwise.
5
The person hearing the appeal may either cancel or confirm the notice, with or without modification.
6
A notice must be in writing.
7
An authorised officer may at any time withdraw or vary a notice in writing.
8
A person on whom an enforcement notice or a prohibition notice is served must comply with it at their own expense.
Offences
14
1
A person who breaches any of the following provisions of the European Regulations is guilty of an offence —
a
Article 118m(2) of Council Regulation (EC) No 1234/2007 (which provides protection for protected designations of origin and protected geographical indications and the wines using those protected names in conformity with the product specification);
b
the first sub-paragraph of Article 118v(1) of Council Regulation (EC) No 1234/2007 (which protects the use of traditional terms for products produced in accordance with Article 118u(1));
c
Article 120c of Council Regulation (EC) No 1234/2007 (which requires that wine sector products are produced and conserved in accordance with EU laws);
d
Article 158a(2) of Council Regulation (EC) No 1234/2007 (which concerns the production requirements for wine imported into the EU);
e
Article 41 of Commission Regulation (EC) No 436/2009 (which requires operations to be entered into registers).
2
It is an offence for a person to —
a
fail to comply with an enforcement notice or a prohibition notice;
b
fail to comply with a provision of the European Regulations at any time after that person has received a warning notice in respect of that provision.
3
It is an offence —
a
intentionally to obstruct an authorised officer acting in the execution of these Regulations or of the European Regulations (including obstruction by the alteration or removal of a mark made under regulation 12(4) );
b
without reasonable cause, to fail to give to any such officer any assistance or information which that officer may reasonably require;
c
to furnish to any such officer any information knowing it to be false or misleading; or
d
to fail to produce a document, record or passport to any such officer when required to do so.
4
It is an offence for a person, including a servant of the Crown, to disclose any information received from the Commissioners for Her Majesty’s Revenue and Customs under regulation 7(1) if —
a
the information relates to a person whose identity is specified in the disclosure or can be deduced from the disclosure,
b
the disclosure is for a purpose other than that specified in regulation 7(1) , and
c
the Commissioners have not given their prior consent to the disclosure.
5
It is a defence for a person charged with an offence under paragraph (4) to prove that the person reasonably believed —
a
that the disclosure was lawful, or
b
that the information had already and lawfully been made available to the public.
Penalties
15
A person guilty of an offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
Proceedings against partnerships and unincorporated associations
16
1
Proceedings for an offence under these Regulations alleged to have been committed by a partnership or unincorporated association may be brought against the partnership or association in the name of the partnership or association.
2
For the purposes of such proceedings the following apply as if the partnership or unincorporated association were a body corporate —
a
rules of court relating to the service of documents;
b
section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Court Act 1980 ;
c
section 70 and section 143 of the Criminal Procedure (Scotland) Act 1995 ;
d
section 18 of the Criminal Justice Act (Northern Ireland) 1945 and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 .
3
A fine imposed on a partnership or unincorporated association is to be paid out of the funds of the partnership or association.
Offences by bodies corporate, partnerships and unincorporated associations
17
1
Where a body corporate is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
that person, as well as the body corporate, is guilty of the offence.
2
In paragraph (1) , “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where a partnership or a Scottish partnership is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of a partner, the partner, as well as the partnership, is guilty of the offence.
4
In paragraph (3) “partner” includes a person purporting to act as a partner.
5
Where an unincorporated association is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of an officer of the association, that officer, as well as the association, is guilty of the offence.
6
In paragraph (5) “officer”, in relation to an unincorporated association, means —
a
an officer of the association or a member of its governing body; or
b
a person purporting to act in that capacity.
PART 4 Final provisions
Review
18
1
The Secretary of State must from time to time —
a
carry out a review of these Regulations;
b
set out the conclusions of the review in a report; and
c
publish the report.
2
The report must in particular —
a
set out the objectives intended to be achieved by these Regulations;
b
assess the extent to which the objectives have been achieved;
c
assess whether the objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
3
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.
4
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Amendments of other legislation
19
1
The table in Schedule A1 to the Weights and Measures (Intoxicating Liquor) Order 1988 is amended as follows —
a
in the first column (product), for the entry in the third row (sparkling wine), substitute “sparkling wine, quality sparkling wine, quality aromatic sparkling wine, aerated sparkling wine, semi-sparkling wine and aerated semi-sparkling wine”, and
b
in the second column (product definition) —
i
for the entry in the first row (still wine), substitute “wine as defined in point 1 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”,
ii
for the entry in the second row (yellow wine), substitute “wine using the traditional term “vin jaune” listed and defined in the “E-Bacchus” database in accordance with Article 40(1) of Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products”,
iii
for the entry in the third row (sparkling wine), substitute “as those wines are defined (respectively) in points 4, 5, 6, 7, 8 and 9 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”, and
iv
for the entry in the fourth row (liqueur wine), substitute “liqueur wine as defined in point 3 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”.
2
The table in Schedule A1 to the Weights and Measures (Intoxicating Liquor) Order (Northern Ireland) 1989 is amended as follows —
a
in the first column (product), for the entry in the third row (sparkling wine), substitute “sparkling wine, quality sparkling wine, quality aromatic sparkling wine, aerated sparkling wine, semi-sparkling wine and aerated semi-sparkling wine”, and
b
in the second column (product definition) —
i
for the entry in the first row (still wine), substitute “wine as defined in point 1 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”,
ii
for the entry in the second row (yellow wine), substitute “wine using the traditional term “vin jaune” listed and defined in the “E-Bacchus” database in accordance with Article 40(1) of Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products”,
iii
for the entry in the third row (sparkling wine), substitute “as those wines are defined (respectively) in points 4, 5, 6, 7, 8 and 9 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”, and
iv
for the entry in the fourth row (liqueur wine), substitute “liqueur wine as defined in point 3 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”.
3
The Food Labelling Regulations 1996 are amended as follows —
a
in regulation 2(1) —
i
for the definition of “Community controlled wine”, substitute ““Community controlled wine” means wine, grape must, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, aerated sparkling wine, semi-sparkling wine, aerated semi-sparkling wine and liqueur wine;”,
ii
for the definition of “grape must”, substitute ““grape must” has the meaning given in point 10 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products;”,
iii
for the definition of “liqueur wine”, substitute ““liqueur wine” has the meaning given in point 3 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products;”,
iv
for the definitions of “sparkling wine”, “aerated sparkling wine”, “semi-sparkling wine” and “aerated semi-sparkling wine”, substitute ““sparkling wine”, “quality sparkling wine”, “quality aromatic sparkling wine”, “aerated sparkling wine”, “semi-sparkling wine” and “aerated semi-sparkling wine” have the meanings given in (respectively) points 4, 5, 6, 7, 8 and 9 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products;”, and
v
for the definition of “wine”, substitute ““wine” has the meaning given in point 1 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products;”;
b
in regulation 4(2) —
i
for sub-paragraph (h), substitute —
h
wines or grape musts, in so far as their labelling is regulated by Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products;
,
ii
for sub-paragraph (i), substitute —
i
sparkling wines, quality sparkling wines, aerated sparkling wines and quality aromatic sparkling wines, in so far as their labelling is regulated by Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products;
,
iii
for sub-paragraph (j), substitute —
j
liqueur wines, semi-sparkling wines and aerated semi-sparkling wines, in so far as their labelling is regulated by Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products;
;
c
in regulation 22, for paragraph (b), substitute —
b
wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, aerated sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, aromatised wine and any similar drink obtained from fruit other than grapes;
;
d
in regulation 43(1) and (2), for each occurrence of “wine as defined in Annex I to Council Regulation (EEC) No 822/87 ”, substitute “wine within the meaning given in point 1 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”; and
e
in the second column (ingredients) of the table in Schedule 3, for the entry in the last row (wine), substitute “any type of wine defined in Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”.
4
The Food Labelling Regulations (Northern Ireland)1996 are amended as follows —
a
in regulation 2(1) —
i
for the definition of “Community controlled wine”, substitute ““Community controlled wine” means wine, grape must, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, aerated sparkling wine, semi-sparkling wine, aerated semi-sparkling wine and liqueur wine;”,
ii
for the definition of “grape must”, substitute ““grape must” has the meaning given in point 10 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products;”,
iii
for the definition of “liqueur wine”, substitute ““liqueur wine” has the meaning given in point 3 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products;”,
iv
for the definitions of “sparkling wine”, “aerated sparkling wine”, “semi-sparkling wine” and “aerated semi-sparkling wine”, substitute ““sparkling wine”, “quality sparkling wine”, “quality aromatic sparkling wine”, “aerated sparkling wine”, “semi-sparkling wine” and “aerated semi-sparkling wine” have the meanings given in (respectively) points 4, 5, 6, 7, 8 and 9 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products;”, and
v
for the definition of “wine”, substitute ““wine” has the meaning given in point 1 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products;”;
b
in regulation 4(2) —
i
for sub-paragraph (h), substitute —
h
wines or grape musts, in so far as their labelling is regulated by Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products;
,
ii
for sub-paragraph (i), substitute —
i
sparkling wines, quality sparkling wines, aerated sparkling wines and quality aromatic sparkling wines, in so far as their labelling is regulated by Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products;
,
iii
for sub-paragraph (j), substitute —
j
liqueur wines, semi-sparkling wines and aerated semi-sparkling wines, in so far as their labelling is regulated by Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products;
;
c
in regulation 22, for paragraph (b), substitute —
b
wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, aerated sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, aromatised wine and any similar drink obtained from fruit other than grapes;
;
d
in regulation 43(1) and (2), for each occurrence of “wine as defined in Annex I to Council Regulation (EEC) No 822/87 ”, substitute “wine within the meaning given in point 1 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”; and
e
in the second column (ingredients) of the table in Schedule 3, for the entry in the last row (wine), substitute “any type of wine defined in Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”.
Revocations
20
The following Regulations are revoked.
Regulations References
The Common Agricultural Policy (Wine) (Wales) Regulations 2001 S.I. 2001/2193 (W. 155) The Common Agricultural Policy (Wine) (Scotland) Regulations 2002 S. S. I. 2002/325 The Common Agricultural Policy (Wine) (Scotland) Amendment Regulations 2003 S.S.I. 2003/164 The Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2003 S.I. 2003/1776 (W. 192) The Common Agricultural Policy (Wine) (Scotland) Amendment Regulations 2004 S.S.I. 2004/272 The Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2004 S.I. 2004/2599 (W. 232) The Common Agricultural Policy (Wine) (Scotland) Amendment Regulations 2006 S.S.I. 2006/311 The Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2006 S.I. 2006/1716 (W.178) The Common Agricultural Policy (Wine) (Wales) (Amendment)
Regulations 2007
S.I. 2007/2333 (W. 191) The Wine Regulations (Northern Ireland) 2009 S.R. 2009/354 The Wine Regulations 2009 S.I. 2009/386
Jim Paice
Minister of State
Department for Environment, Food and Rural Affairs
6th December 2011


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Climate Change Levy (Suspension of Transport Exemption) Order 2011 and comes into force on 1st April 2011.
Suspension of exemption for certain transport supplies
2
In Schedule 6 to the Finance Act 2000 (climate change levy), paragraph 12 (exemption: supply used in transport) does not apply in relation to any supply of a taxable commodity which —
a
is made on or after 1st April 2011, and
b
is within article 3.
3
A supply of a taxable commodity is within this article if the commodity is to be burned (or, in the case of electricity, consumed) in order to propel a train, or in a railway vehicle, while the train or vehicle is being used for, or for purposes connected with —
a
the transporting of goods by means of services operated exclusively or primarily for that purpose, or
b
the transporting of passengers by means of open access services.
4
For the purposes of article 3 —
“railway vehicle” and “train” have the meaning given by section 83 of the Railways Act 1993 ;
“open access service” means a railway service which is provided otherwise than under —
a franchise agreement, within the meaning given by section 23 of the Railways Act 1993, or
any other public service contract, within the meaning of Regulation ( EC ) No 1370/2007 of the European Parliament and of the Council ,
and is not a heritage railway service;
“heritage railway service” means a service which —
is operated to preserve, recreate or simulate railway services of the past, and
is used exclusively or primarily for tourist, educational or recreational purposes.
5
The reference in article 2 to the time at which a supply of a taxable commodity is made is to be read as a reference to the time at which the taxable commodity is actually supplied.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners for Her Majesty’s Treasury
31st March 2011


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Deferral of Retirement Pensions) Regulations 2011 and shall come into force on 6th April 2011.
Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979
2
1
Regulation 4 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 (days to be treated as days of increment) is amended as follows.
2
In paragraph (1)(b)(iii) for “and” substitute “or”.
3
After paragraph (1)(b)(iii) insert —
iv
state pension credit under section 1 of the State Pension Credit Act 2002 ; and
.
4
At the end of paragraph (1)(d)(ii) insert —
; and
e
in the case of a person who was a member of a couple, the other member of the couple was not in receipt of —
i
income support under section 124 of the Social Security Contributions and Benefits Act 1992 ;
ii
income-based jobseeker’s allowance under section 1 of the Jobseekers Act 1995 ;
iii
state pension credit under section 1 of the State Pension Credit Act 2002; or
iv
income-related employment and support allowance under section 1 of the Welfare Reform Act 2007 .
.
5
After paragraph (4) insert —
5
In paragraph (1), “couple” has the meaning given by section 137(1) of the Social Security Contributions and Benefits Act 1992 .
.
6
This regulation applies only in respect of a day falling on or after 6th April 2011.
Amendment of the Social Security (Deferral of Retirement Pensions) Regulations 2005
3
1
Regulation 3 of the Social Security (Deferral of Retirement Pensions) Regulations 2005 (amount of retirement pension not included in the calculation of the lump sum) is amended as follows.
2
After paragraph (1)(a)(iii) insert —
iv
state pension credit under section 1 of the State Pension Credit Act 2002;
.
3
After paragraph (1)(a) insert —
aa
in the case of a deferrer who was a member of a couple, the other member of the couple was in receipt of —
i
income support under section 124 of the Act;
ii
income-based jobseeker’s allowance under section 1 of the Jobseekers Act 1995;
iii
state pension credit under section 1 of the State Pension Credit Act 2002; or
iv
income-related employment and support allowance under section 1 of the Welfare Reform Act 2007;
.
4
In paragraphs (2) and (4), after “paragraph (1)(a)” insert “or (aa)”.
5
After paragraph (5) insert —
5A
In paragraph (1), “couple” has the meaning given by section 137(1) of the Act.
.
6
This regulation applies only in respect of an accrual period, or part of an accrual period, falling on or after 6th April 2011.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister for Pensions,
Department for Work and Pensions
3rd March 2011


text:
Citation and commencement
1
These Regulations may be cited as the Adoption Agencies and Independent Review of Determinations (Amendment) Regulations 2011 and come into force on 1st April 2011.
Amendment of the Adoption Agencies Regulations 2005
2
For regulations 3 to 10 (adoption agency – arrangements for adoption work) of the Adoption Agencies Regulations 2005 substitute —
The central list
3
1
Subject to regulation 5, an adoption agency must maintain a list of persons who are considered by it to be suitable to be members of an adoption panel (“the central list”), including —
a
one or more social workers who have at least three years’ relevant post-qualifying experience, and
b
the medical adviser to the adoption agency (or at least one if more than one medical adviser is appointed).
2
A person who is included in the central list may at any time ask to be removed from the central list by giving one month’s notice in writing.
3
Where the adoption agency is of the opinion that a person included in the central list is unsuitable or unable to remain in the list the agency may remove that person’s name from the list by giving them one month’s notice in writing with reasons.
Constituting an adoption panel
4
1
The adoption agency must constitute one or more adoption panels, as necessary, to perform the functions of an adoption panel under these Regulations and must appoint the panel members from the persons in the central list including —
a
a person to chair the panel, being an independent person, who has the skills and experience necessary for chairing an adoption panel, and
b
one or two persons who may act as chair if the person appointed to chair the panel is absent or that office is vacant (“the vice chairs”).
2
The adoption agency must ensure that an adoption panel has sufficient members, and that individual members have between them the experience and expertise necessary to effectively discharge the functions of the panel.
3
Any two or more local authorities may jointly constitute an adoption panel (“a joint adoption panel”) in which case the appointment of members must be by agreement between the authorities.
4
A local authority may pay to any member of an adoption panel constituted by it such fee as it may determine, being a fee of a reasonable amount.
5
Any adoption panel member may resign at any time by giving one month’s notice in writing to the adoption agency which appointed them.
6
Where an adoption agency is of the opinion that any member of the adoption panel appointed by it is unsuitable or unable to continue as a panel member, it may terminate that member’s appointment at any time by giving the member notice in writing with reasons.
7
A person (“P”) is not an independent person for the purposes of this regulation and regulation 6 if —
a
in the case of a registered adoption society, P is a trustee or employee of that society, or
b
in the case of a local authority, P —
i
is an elected member of that authority, or
ii
is employed by that authority for the purposes of the adoption service or for the purposes of any of that local authority’s functions relating to the protection or placement of children, or
c
P is the adoptive parent of a child who was —
i
placed for adoption with P by the adoption agency (“agency A”), or
ii
placed for adoption with P by another adoption agency where P had been approved as suitable to be an adoptive parent by agency A,
unless at least 12 months has elapsed since the adoption order was made in respect of the child.
Adoption agencies operating only for certain purposes
5
Where an adoption agency operates only for the purpose of putting persons into contact with other adoption agencies and for the purpose of putting such agencies into contact with each other or for either of such purposes, regulations 3, 4, 8 and, to the extent that it requires consultation with persons in the central list, regulation 7 shall not apply to such an agency.
Meetings of adoption panel
6
1
No business may be conducted by an adoption panel unless at least the following meet as the panel —
a
either the person appointed to chair the panel or one of the vice chairs,
b
one person falling within regulation 3(1)(a),
c
three, or in the case of an adoption panel established under regulation 4(3) four, other members and where the chair is not present and the vice chair is not an independent person, at least one other panel member must be an independent person.
2
An adoption panel must make a written record of its proceedings, its recommendations and the reasons for its recommendations.
Adoption agency arrangements for adoption work
7
An adoption agency must, in consultation with such persons in the central list as the agency considers appropriate and, to the extent specified in regulation 8(4) with the agency’s medical adviser, prepare and implement written policy and procedural instructions governing the exercise of the functions of the agency and an adoption panel in relation to adoption and such instructions shall be kept under review and, where appropriate, revised by the agency.
Requirement to appoint an agency adviser and a medical adviser
8
1
The adoption agency must appoint a senior member of staff, or where local authorities agree to constitute joint adoption panels as necessary appoint a senior member of staff of one of them, (referred to in this regulation as the “agency adviser”) —
a
to assist the agency with the maintenance of the central list and the constitution of adoption panels,
b
to be responsible for the induction and training of persons in the central list,
c
to be responsible for liaison between the agency and an adoption panel, monitoring the performance of persons in the central list and members of the adoption panel and the administration of adoption panels, and
d
to give such advice to an adoption panel as the panel may request in relation to any case or generally.
2
The agency adviser must be a social worker and have at least five years’ relevant post-qualification experience and, in the opinion of the adoption agency, relevant management experience.
3
The adoption agency must appoint at least one registered medical practitioner to be the agency’s medical adviser.
4
The medical adviser shall be consulted in relation to the arrangements for access to, and disclosure of, health information which is required or permitted by virtue of these Regulations.
.
Transitional provision
3
An adoption panel established under the Adoption Agencies Regulations 2005, and which is carrying out the functions of an adoption panel on 1st April 2011, may continue to carry out the functions of a panel under those Regulations in relation to any case referred to it before that date.
Amendment of the Independent Review of Determinations (Adoption and Fostering) Regulations 2009
4
1
The Independent Review of Determinations (Adoption and Fostering) Regulations 2009 are amended as follows.
2
In regulation 2 —
a
in paragraph (c) of the definition of “applicant” for “regulation 28(6)(a) or 29(7)(a) of the FSR” substitute “regulation 27(6)(a) or 28(7)(a) of the FSR”,
b
in the definition of “fostering panel” for “regulation 24” substitute “regulation 23”, and
c
in the definition of “the FSR” for “the Fostering Services Regulations 2002 ” substitute “the Fostering Services (England) Regulations 2011 ”.
3
In regulation 4 —
a
in paragraph (a) for “regulation 27(6)” substitute “regulation 26(8)” and for “regulation 28(6)” substitute “regulation 27(6)(a)”, and
b
in paragraph (b) for “regulation 27(6)” substitute “regulation 26(8)” and for “regulation 29(7)” substitute “regulation 28(7)(a)”.
4
Regulations 6, 7 and 8 are omitted.
5
In regulation 10 (disqualification of panel members) —
a
for paragraph (1)(b) substitute —
b
where the organisation which made the qualifying determination is a local authority, P is —
i
an elected member of that authority, or
ii
employed by that authority for the purposes of the adoption service or for the purposes of any of that authority’s functions relating to the protection or placement of children;
,
b
in paragraph (1)(c) omit “, or has been within the period of one year prior to the date on which the qualifying determination was made,”,
c
omit paragraph (1)(d),
d
for paragraph (1)(e) substitute —
e
the organisation which made the qualifying determination —
i
has placed a child with P as a local authority foster parent, or
ii
has placed a child for adoption with P, unless at least 12 months has elapsed since the adoption order was made in respect of the child;
, and
e
omit paragraph (2)(b).
6
In regulation 13(3)(a) for “regulation 29A” substitute “regulation 29”.
7
In regulation 15(1) for “unless all three members are present” substitute “unless three members of the panel are present including at least two persons falling within regulation 5(3)(a)”.
Tim Loughton
Parliamentary Under Secretary of State
Department for Education
3rd March 2011


text:
Title, commencement and application
1
1
These Regulations may be cited as the European Regional Development Fund (Operational Programmes) Regulations 2011 and come into force on 1st July 2011.
2
These Regulations apply in relation to England only.
Interpretation
3
1
In these Regulations —
“ 1998 Act ” means the Regional Development Agencies Act 1998 ;
“ the Fund ” means the European Regional Development Fund, being one of the two Structural Funds referred to in Article 1;
“London Development Agency” means the regional development agency established for the London region under section 1 of the 1998 Act ;
“ London Regulations ” means the European Regional Development Fund (London Operational Programme) (Implementation) Regulations 2008 ;
“Managing Authority” means the authority designated under Article 59(1)(a) as the managing authority for an Operational Programme ;
“Operational Programme” means a document which is an “operational programme” within the meaning given by Article 2 and —
sets out a development strategy to be carried out with the aid of the Fund in one of the regions defined in Schedule 1 to the 1998 Act as a contribution towards achieving the regional competitiveness and employment objective referred to in Article 3(2); or
sets out the development strategy to be carried out with the aid of the Fund in Cornwall and the Isles of Scilly as a contribution towards achieving the convergence objective referred to in Article 3(2).
2
“Relevant Instrument” means, in relation to an agency, the instrument referred to in the Schedule which entrusted functions to the regional development agency concerned.
3
In these Regulations,
a
a reference to an Article is a reference to an Article of the Council Regulation (EC) No 1083/2006 laying down general provisions on the European Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 ; and
b
a reference to an agency is a reference to a regional development agency established under section 1 of the 1998 Act other than the London Development Agency.
Revocation
4
The instruments listed in the Schedule are revoked.
Amendment of the London Regulations
5
1
The London Regulations are amended as follows.
2
Regulation 2 (Interpretation) —
a
omit the definition of “the Agency”;
b
in the definition of “commitment”, for “the Agency” substitute “the GLA ”;
c
for the definition of “intermediate body functions” substitute —
“intermediate body functions” means the functions entrusted to the GLA by virtue of its designation as an intermediate body by regulation 3(1);
d
for the definition of “Schedule of Functions” substitute —
“Schedule of Functions” means the document published by the Secretary of State on 17 th May 2011 under the title “Schedule of Functions of the Managing Authority for the European Regional Development Fund: Operational Programme covering the Regional competitiveness and employment objective for London 2011”, prepared for the purpose of defining the functions of the bodies concerned in the management and control of the Operational Programme.
3
In regulation 3 (Designation of intermediate bodies for London) —
a
for paragraph (2) substitute —
2
The functions entrusted to the GLA by virtue of its designation as an intermediate body are the functions specified in section 3 of the Schedule of Functions.
; and
b
omit paragraphs (3) and (4).
4
In regulation 4 (General duties of intermediate body), for “The GLA and the Agency shall each carry out its intermediate body functions” substitute “The GLA shall carry out the intermediate body functions”.
5
In regulation 5 (Power to guide and direct the GLA) —
a
in paragraph (1), omit “of the GLA”;
b
in paragraph (7), omit “and the Agency”; and
c
omit paragraph (9).
6
Omit regulation 6.
7
In paragraph (2) of regulation 8 (Global grant bodies), omit “and the Agency”.
8
In regulation 9 (Recovery of sums paid under a commitment), for references to “the Agency” substitute “the GLA”.
9
Regulation 10 (Provision relating to payment of the contribution from the Fund) —
a
in paragraphs (1), (2) and (3), for references to “the Agency” substitute “the GLA”; and
b
omit paragraphs (4), (5), (6) and (7).
Transfer of property, rights and liabilities
6
1
There are transferred to the Managing Authority all property, rights and liabilities to which an agency is entitled or subject by virtue of the exercise of the functions entrusted to it by the relevant instrument.
2
There are transferred to the Greater London Authority all property, rights and liabilities to which the London Development Agency is entitled or subject by virtue of the exercise of the functions entrusted to it by the London Regulations.
3
In this regulation, a reference to property, rights and liabilities does not include rights and liabilities under a contract of employment.
Continuity provisions
7
1
Nothing in these regulations affects the validity of anything done by, or in relation to, an agency in, or in connection with, the exercise of the functions entrusted to it by the relevant instrument.
2
Nothing in these regulations affects the validity of anything done by, or in relation to, the London Development Agency in, or in connection with, the exercise of the functions entrusted to it by the London Regulations.
3
Anything done by an agency for the purposes of, or otherwise in connection with, the exercise of the functions entrusted to it by the relevant instrument is to be treated as having been done by the Managing Authority.
4
Anything done by the London Development Agency for the purposes of, or otherwise in connection with, the exercise of the functions entrusted to it by the London Regulations, is to be treated as having been done by the Greater London Authority.
5
So far as is necessary for the application of paragraphs (3) and (4) of this regulation, a reference in any document to the agency shall be read as a reference to the Managing Authority and a reference in any document to the London Development Agency shall be read as a reference to the Greater London Authority.
Recovery of sums paid under a commitment
8
1
In any case where a sum falls to be paid to the Managing Authority under, or by virtue of any action or decision taken under, the terms of a commitment, the sum so falling to be paid shall be recoverable on demand by the Managing Authority.
2
In paragraph (8), “commitment” means an agreement entered into in relation to an award of assistance granted by the Fund.
Signed by authority of the Secretary of State
Joan Hanham
Parliamentary Under Secretary of State
Department for Communities and Local Government
3rd June 2011


text:
Citation and interpretation
1
1
These Regulations may be cited as the Charities Act 2006 (Principal Regulators of Exempt Charities) (No. 2) Regulations 2011.
2
In these Regulations —
“specified institution” means a qualifying Academy proprietor (within the meaning of section 12(2) of the Academies Act 2010 ) or a sixth form college corporation (within the meaning of section 90(1) of the Further and Higher Education Act 1992 ).
Commencement
2
These Regulations come into force on 1st August 2011.
Appointment of principal regulator of exempt charities connected to sixth form colleges and academies
3
The Secretary of State for Education is prescribed as the principal regulator of any exempt charity which is administered by or on behalf of a specified institution and is established for the general purposes of, or for any special purpose of or in connection with, that institution.
Definition of “responsible person”
4
In its application to the Secretary of State for Education as principal regulator of an exempt charity by virtue of these Regulations, section 10A of the Charities Act 1993 has effect as if, for the definition of “responsible person” in subsection (7), there were substituted —
“responsible person” means a person who is or was —
the Secretary of State for Education;
acting on behalf of the Secretary for State for Education, or
a member of a committee established by the Secretary of State for Education.
.
Nick Hurd
Parliamentary Secretary
Cabinet Office
14th July 2011


text:
Citation
1
This Order may be cited as the Designation of Schools Having a Religious Character (England) (Amendment) Order 2011.
Amendment of the Designation of Schools Having a Religious Character (England) Order 1999
2
The Designation of Schools Having a Religious Character (England) Order 1999 is amended as follows.
3
In the Schedule, under the heading “Kingston upon Thames”, in the entry in respect of Tiffin School , for the words “Church of England” substitute “Christian”.
David McVean
A Deputy Director in the
Department for Education
26th May 2011


text:
Title and commencement
1
These Regulations may be cited as the Official Feed and Food Controls (England) (Amendment) Regulations 2011 and come into force on 1st April 2011.
Amendment of the Official Feed and Food Controls (England) Regulations 2009
2
1
The Official Feed and Food Controls (England) Regulations 2009 are amended in accordance with the following paragraph.
2
In regulation 12 (right of appeal), omit paragraphs (5) to (7).
Signed by authority of the Secretary of State for Health.
Anne Milton
Parliamentary Under-Secretary of State,
Department of Health
25th January 2011


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Pensions (Amendment) Regulations 2011 and come into force on 16th January 2012.
2
These Regulations extend to England and Wales.
Amendments to Regulations
2
The Regulations listed in the Schedule are amended as follows.
3
Subject to the following provisions of these Regulations, for “police authority”, in each place in the Regulations listed in the Schedule where those words appear, substitute “police pension authority”.
4
Regulation 3 does not apply to any instance where the words “police authority” are followed by the words “for Northern Ireland”.
5
1
The Police Pensions Regulations 1987 are further amended as follows.
2
In regulation A6 (meaning of certain expressions in relation to persons who are not members of a home police force) —
a
in paragraph (5), for “police authority” substitute “police authority or pension supervising authority”;
b
in paragraph (5B)(b), for “police authority” substitute “police authority or pension supervising authority”;
3
In regulation A16 (transfers) —
a
in sub-paragraph (a)(ii), for “police authority of” substitute “pension supervising authority for”;
b
in sub-paragraph (b), for “police authority” (in the second place) substitute “pension supervising authority”.
4
For regulation A18(2) (compulsory retirement on grounds of age) substitute —
2
The time at which, under paragraph (1), a person shall be required to retire may be postponed —
a
if the person concerned holds the rank of chief constable or Commissioner of Police of the Metropolis, by the pension supervising authority;
b
if the person concerned holds any other rank in a police force maintained under section 2 of the Police Act 1996 or the metropolitan police force, or a rank above that of superintendent in the City of London police force, by the police pension authority; and
c
if the person holds the rank of superintendent or any lower rank in the City of London police force, by the Commissioner of Police for the City of London.
.
5
After regulation A21 (effective date of retirement) insert —
Chief officers of home police forces in England and Wales (other than the City of London police force)
A22
1
This regulation applies to any provision of these Regulations which confers a power on a police pension authority which is to be exercised in the authority’s discretion, or which requires the authority to make a determination, form an opinion or otherwise make a decision.
2
In its application to a regular policeman who is —
a
chief constable of a police force maintained under section 2 of the Police Act 1996; or
b
the Commissioner of Police of the Metropolis,
a provision to which this regulation applies shall have effect as if it conferred the power in question on the pension supervising authority rather than the police pension authority, and any reference to the police pension authority shall be construed accordingly.
.
6
In regulation K5 (forfeiture of pension) —
a
in paragraph (2), for “a police authority responsible for payment of” substitute “the pension supervising authority in respect of”;
b
in paragraph (4), for “a police authority responsible for payment to a member of a police force of” substitute “the pension supervising authority in respect of”;
c
in paragraph (5), for “police authority” substitute “pension supervising authority”.
7
In regulation H5 (appeal by a member of a home police force), in paragraph (1), for “police authority” (in the third place) substitute “pension supervising authority”.
8
In regulation H6 (appeal by overseas policeman, inspector of constabulary or central police officer), in paragraph (2), for “police authority” (in the third place) substitute “pension supervising authority”.
9
In Schedule A (glossary of expressions) —
a
after the definition of “pension sharing order or provision” insert —
“pension supervising authority” has the meaning given by section 11(2) and (2A) of the Act;
;
b
omit the definition of “police authority”;
c
after the definition of “police force” insert —
“police pension authority” has the meaning given by section 11(2) and (2A) of the Act;
.
6
1
The Police Pensions Regulations 2006 are further amended as follows.
2
In regulation 3 (meaning of certain expressions in relation to persons who are not members of a home police force) —
a
in paragraph (2), for “police authority” substitute “police pension authority or pension supervising authority”;
b
in paragraph (3)(a), for “police authority” substitute “police pension authority or pension supervising authority”;
c
in paragraph (4)(a), for “police authority” substitute “police pension authority or pension supervising authority”;
3
In regulation 5 (transfers) —
a
in sub-paragraph (a)(ii), for “police authority of” substitute “pension supervising authority for”;
b
in sub-paragraph (d)(ii), for “police authority of” substitute “pension supervising authority for”.
4
After regulation 5 insert —
Chief officers of home police forces in England and Wales (other than the City of London police force)
5A
1
This regulation applies to any provision of these regulations which confers a power on a police pension authority which is to be exercised in the authority’s discretion, or which requires the authority to make a determination, form an opinion or otherwise make a decision.
2
In its application to a regular policeman who is —
a
chief constable of a police force maintained under section 2 of the Police Act 1996; or
b
the Commissioner of Police of the Metropolis,
a provision to which this regulation applies shall have effect as if it conferred the power in question on the pension supervising authority rather than the police pension authority, and any reference to the police pension authority shall be construed accordingly.
.
5
For regulation 19(3) (compulsory retirement on account of age) substitute —
3
The time at which, under paragraph (2), a person shall be required to retire may be postponed —
a
if the person concerned holds the rank of chief constable or Commissioner of Police of the Metropolis, by the pension supervising authority;
b
if the person concerned holds any other rank in a police force maintained under section 2 of the Police Act 1996 or the metropolitan police force, or a rank above that of superintendent in the City of London police force, by the police pension authority; and
c
if the person holds the rank of superintendent or any lower rank in the City of London police force, by the Commissioner of Police for the City of London.
.
6
In regulation 55 (forfeiture of pension) —
a
in paragraph (2), for “A police authority responsible for payment of” substitute “The pension supervising authority in respect of”;
b
in paragraph (4), for “A police authority responsible for payment to a regular police officer of” substitute “The pension supervising authority in respect of”; and
c
in paragraph (5), for “police authority” substitute “pension supervising authority”.
7
In regulation 66 (appeal by a member of a home police force), in paragraph (d), for “police authority” substitute “pension supervising authority”.
8
In regulation 67 (appeal by inspector of constabulary or officer engaged on relevant service), in paragraph (2)(d), for “police authority” substitute “pension supervising authority”.
9
In Schedule 1 (glossary of expressions) —
a
after the definition of “pension sharing order” insert —
“pension supervising authority” has the meaning given to it by section 11(2) and (2A) of the Police Pensions Act 1976;
;
b
omit the definition of “police authority”;
c
after the definition of “police fund” insert —
“police pension authority” has the meaning given to it by section 11(2) and (2A) of the Police Pensions Act 1976;
.
7
1
The Police (Injury Benefits) Regulations 2006 are further amended as follows.
2
In regulation 3 (meaning of certain expressions in relation to persons who are not members of a home police force) —
a
in paragraph (2), for “police authority” substitute “police pension authority or pension supervising authority”;
b
in paragraph (4)(b), for “police authority” substitute “police pension authority or pension supervising authority”;
c
in paragraph (6)(b), for “police authority” substitute “police pension authority or pension supervising authority”.
3
After regulation 8 (disablement, death or treatment in hospital the result of an injury) insert —
Chief officers of home police forces in England and Wales (other than the City of London police force)
8A
1
This regulation applies to any provision of these Regulations which confers a power on a police pension authority which is to be exercised in the authority’s discretion, or which requires the authority to make a determination, form an opinion or otherwise make a decision.
2
In its application to a regular policeman who is —
a
chief constable of a police force maintained under section 2 of the Police Act 1996; or
b
the Commissioner of Police of the Metropolis,
a provision to which this regulation applies shall have effect as if it conferred the power in question on the pension supervising authority rather than the police pension authority, and any reference to the police pension authority shall be construed accordingly.
;
4
In regulation 34 (appeal by a member of a home police force), for “police authority” (in the third place) substitute “pension supervising authority”.
5
In regulation 35 (appeal by inspector of constabulary or police officer engaged on relevant service and any other overseas policeman), in paragraph (2), for “police authority” (in the third place) substitute “pension supervising authority”.
6
In regulation 40 (forfeiture) —
a
in paragraph (2), for “A police authority responsible for payment of” substitute “The pension supervising authority in respect of”;
b
in paragraph (4), for “A police authority responsible for payment to a member of a police force of” substitute “The pension supervising authority in respect of”; and
c
in paragraph (4A), for “police authority” substitute “pension supervising authority”.
7
In regulation 42(1) at the end insert “and for the purposes of this paragraph “police fund” has the same meaning as in those Regulations”.
8
1
The Police Pension Fund Regulations 2007 are further amended as follows.
2
In regulation 2 —
a
omit the definition of “police authority”;
b
for the definition of “police fund” substitute —
“police fund” means —
in relation to a police force maintained under section 2 of the Police Act 1996, the sums provided to the Chief Officer of Police by the elected local policing body to pay police pensions;
in relation to the City of London police force, the fund out of which the expenses of that force are paid;
in relation to the Secretary of State —
in the case of transfers from, or awards or sums payable out of, the police fund, moneys provided by Parliament, and
in the case of transfers into the police fund, the Consolidated Fund;
in relation to SOCA , the account established and maintained by SOCA and known as the income and expenditure account; and
in relation to NPIA , the account established and maintained by NPIA and known as the income and expenditure account;
“police pension authority” has the meaning given by section 11(2) and (2A) of the Police Pensions Act 1976;
.
3
Omit regulations 12(2) and (3), 12A(2) and 12B(2).
Transitional and transitory provision
9
1
Anything done, or treated as done, by or in relation to a police authority in pursuance of a relevant function before these Regulations come into force has effect as if it was done by or in relation to the police pension authority or pension supervising authority which assumes that function by virtue of these Regulations.
2
In paragraph (1) “relevant function” means any function of a police authority under the Regulations listed in the Schedule.
10
Until the coming into force of section 1 of the Police Reform and Social Responsibility Act 2011 , regulation 8(2)(b) is modified so that sub-paragraph (a) of the substituted definition of “police fund” reads —
a
in relation to the metropolitan police force, the funds provided to the Commissioner of Police of the Metropolis by the Mayor’s Office for Policing and Crime to pay police pensions, and in relation to any other police force maintained under section 2 of the 1996 Act, the fund kept by that force’s police authority under section 14 of the 1996 Act;
.
Nick Herbert
Minister of State
Home Office
20th December 2011
We consent
Michael Fabricant
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
20th December 2011


text:
Citation and commencement
1
1
This Order may be cited as the Bedford (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 Bedford (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 Bedford and number of councillors
3
1
The existing wards of the district of Bedford are abolished.
2
The district is divided into twenty-seven 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 Kempston and number of councillors
4
1
The existing wards of the parish of Kempston are abolished.
2
The parish is divided into four wards named respectively —
a
Kempston Central and East;
b
Kempston North;
c
Kempston South;
d
Kempston 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 Kempston Central and East ward.
5
Two councillors are to be elected for each of the following wards:
a
Kempston North;
b
Kempston South;
c
Kempston West.
Wards of the parish of Renhold and number of councillors
5
1
The existing wards of the parish of Renhold are abolished.
2
The parish is divided into three wards named respectively —
a
Renhold North;
b
South West;
c
The Spires.
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 Renhold North ward.
5
Two councillors are to be elected for each of the following wards:
a
South West;
b
The Spires.
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


text:
Citation
1
This Order may be cited as the Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) (England) Order 2011.
Interpretation
2
In this Order, “the 2010 Act” means the Flood and Water Management Act 2010.
Provisions coming into force on 19th July 2011
3
The following provisions of the 2010 Act come into force on 19th July 2011 in relation to England only —
a
section 11 (effect of national and local strategies: England);
b
section 18 (Environment Agency: reports);
c
section 31 (amendment of other Acts), so far as it relates to the provisions of Schedule 2 commenced by this article;
d
paragraphs 1 to 24 of Schedule 2 (amendment of the Coast Protection Act 1949 );
e
paragraphs 29, 30, 35, 36, 38 and 39 of Schedule 2 (amendment of the Land Drainage Act 1991 );
f
paragraphs 45 to 47 and 49 of Schedule 2 (amendment of the Water Resources Act 1991 ).
Transitional provisions
4
1
Despite the amendments made by paragraphs 1 to 24 of Schedule 2 to the 2010 Act, the provisions of the Coast Protection Act 1949 as in force immediately before 19th July 2011 continue to apply to any coast protection work started before that date.
2
Despite the amendment made by paragraph 30 of Schedule 2 to the 2010 Act, section 17 of the Land Drainage Act 1991 continues to apply to a local authority for an area in England unless the lead local flood authority for that area has published a summary of its local flood risk management strategy under section 9(7) of the 2010 Act.
3
In this article —
“coast protection work” has the meaning given in section 49(1) of the Coast Protection Act 1949 as in force immediately before 19th July 2011; and
“local authority” has the meaning given in section 72(1) of the Land Drainage Act 1991.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
18th July 2011


text:
1
This scheme may be cited as the M25 Motorway (Cobham Motorway Service Area Temporary Special Road) Scheme 2011 and shall come into force on 23rd February 2011.
2
The Secretary of State is authorised to provide the special road for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980 along a route from Bookham Road Underbridge at M25 marker post 68/6 proceeding westwards to Horsley Road Overbridge at M25 marker post 69/5, a distance of 900 metres all within the County of Surrey.
3
The centre line of the special road is indicated by a heavy black line on the plan numbered HA 16/MP/029 marked “The M25 Motorway (Cobham Motorway Service Area Temporary Special Road) Scheme 2011”, signed by authority of the Secretary of State for Transport and deposited at Document Deposit Service, Communities and Local Government, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
Signed by authority of the Secretary of State for Transport
Peter Adams
Divisional Director
Highways Agency
8th February 2011


text:
Citation and interpretation
1
1
This Order may be cited as the Pensions Act 2011 (Commencement No. 1) Order 2011.
2
In this Order, “ the Act ” means the Pensions Act 2011.
Commencement of provisions
2
Section 20 of the Act (pension compensation: annual increases in periodic compensation) comes into force on 1st January 2012.
3
The following provisions of the Act come into force on 3rd January 2012 —
a
section 8 (review of earnings trigger and qualifying earnings band) in so far as it is not already in force,
b
section 19 (indexation and revaluation),
c
section 21 (indexation requirements for cash balance benefits),
d
section 22 (Pension Protection Fund) in so far as it relates to the paragraphs of Schedule 4 specified in paragraph (i) of this article,
e
sections 23 and 24 (financial assistance scheme: amount of payments and transfer of assets),
f
section 26 (contribution notices and financial support directions),
g
section 34 (judicial pensions),
h
section 35 (grants by the Secretary of State to advisory bodies etc ),
i
the following paragraphs of Schedule 4 (Pension Protection Fund) —
i
paragraph 1 (introductory provision for amendments to the Pensions Act 2004 ) in so far as it relates to the paragraphs specified in sub-paragraphs (ii) to (v) of this paragraph,
ii
paragraph 17 (removal of restriction on transfer notices),
iii
paragraph 18 (Parliamentary control of subordinate legislation),
iv
paragraphs 19 and 20 (pension credit members), and
v
paragraph 37 (calculation of compensation: admissible rules etc), and
j
Schedule 5 (contributions towards cost of judicial pensions etc).
4
The following provisions of the Act come into force on 6th April 2012 —
a
section 2(1) to (4), (9) and (10) (abolition of certain additions to the state pension),
b
section 2(5) in so far as it provides for the repeal of the following paragraphs of Schedule 5 to the Social Security Contributions and Benefits Act 1992 (pension increase of lump sum where entitlement to retirement pension is deferred) —
i
paragraph 5A(2)(b) and (3)(a),
ii
paragraph 6(2)(b), (3)(c) and (4)(b),
iii
paragraph 6A(2)(b), and
iv
paragraph 7(1),
c
section 2(6) in so far as it relates to the paragraphs of Schedule 2 (repeals and amendments consequential on section 2(5) of the Act) specified in paragraph (f) of this article,
d
section 2(7) in so far as it relates to the repeals made by section 2(5) referred to in paragraph (b) of this article,
e
section 2(8) in so far as it relates to the paragraphs of Schedule 2 specified in paragraph (f) of this article, and
f
the following paragraphs of Schedule 2 —
i
paragraph 1 in so far as it relates to the paragraphs specified in sub-paragraphs (ii) to (iv) of this paragraph,
ii
paragraph 3(1), in so far as it relates to paragraph 3(7) and (8),
iii
paragraph 3(7) and (8), and
iv
paragraph 4(a) and (d).
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
17th December 2011


text:
Citation and commencement
1
1
This Order may be cited as the Inshore Fisheries and Conservation (Miscellaneous Amendments) Order 2011.
2
This Order comes into force on 7th March 2011.
Amendment to the Cornwall Inshore Fisheries and Conservation Order 2010
2
1
Article 16 of the Cornwall Inshore Fisheries and Conservation Order 2010 is amended as follows.
2
Omit paragraph (1).
Amendment to the Isles of Scilly Inshore Fisheries and Conservation Order 2010
3
1
Article 16 of the Isles of Scilly Inshore Fisheries and Conservation Order 2010 is amended as follows.
2
Omit paragraph (1).
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
27th January 2011


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Goods Vehicles (Community Licences) Regulations 2011 and come into force on 4th December 2011.
2
These Regulations do not extend to Northern Ireland.
Revocation
2
The following are revoked —
a
the Goods Vehicles (Community Authorisations) Regulations 1992 ; and
b
the Goods Vehicles (Community Authorisations) (Modification of the Road Traffic (Foreign Vehicles) Act 1972) Regulations 2002 .
Purpose and interpretation
3
1
These Regulations implement Regulation 1072/2009 .
2
In these Regulations —
“the 1995 Act ” means the Goods Vehicles (Licensing of Operators) Act 1995 ;
“the 1995 Regulations ” means the Goods Vehicles (Licensing of Operators) Regulations 1995 ;
“Community authorisation” means an authorisation issued under Article 3 of Council Regulation 881/92 ;
“Community licence” means a licence issued under Article 4 of Regulation 1072/2009;
“Council Regulation 881/92” means Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community ;
“driver attestation” means an attestation issued under Article 5 of Regulation 1072/2009;
“ Regulation 1071/2009 ” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the occupation of road transport operator ;
“Regulation 1072/2009” means Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market ;
“standard operator’s licence” means a standard licence within the meaning of section 3 of the 1995 Act,
and subject to this, expressions which are also used in Regulation 1072/2009 have the same meaning which they bear in that Regulation.
Use of goods vehicle without Community licence
4
A person who uses a vehicle in Great Britain in contravention of Article 3 of Regulation 1072/2009 (requirement to possess a Community licence) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Competent authorities
5
1
Subject to paragraphs (2) and (3), where a person holds or has applied for a standard operator’s licence that authorises international transport operations, the competent authority for the purposes of Regulation 1072/2009 and of these Regulations is —
a
for a Community licence, a traffic commissioner appointed under the Public Passenger Vehicles Act 1981 ; and
b
for a driver attestation, the Secretary of State.
2
Paragraph (3) has effect until the coming into force of section 2 of the Local Transport Act 2008 in relation to a person who holds or has applied for a standard licence under the 1995 Act.
3
A traffic commissioner for the purposes of paragraph (1)(a) is the traffic commissioner for the traffic area in which the licence was granted, or (as the case may be) the traffic commissioner to whom it falls to consider the application for the standard operator’s licence.
Issue of a Community licence and driver attestation
6
1
Subject to regulation 12(1) (supply of information), a person is entitled to be issued by the competent authority with a Community licence if the person holds a standard operator’s licence that authorises international transport operations .
2
From 4th December 2011 a Community authorisation is treated as a Community licence .
3
From 4th December 2011 an attestation issued under Article 3 of Council Regulation 881/92 is treated as a driver attestation.
Withdrawal of a Community licence and driver attestation
7
1
Where the holder of a Community licence is guilty of an infringement in Great Britain of Community road transport legislation which may lead to the loss of good repute in accordance with Article 6(1) and (2) of Regulation 1071/2009 , the competent authority may impose the following penalties —
a
the temporary or permanent withdrawal of some or all of the certified true copies of the Community licence;
b
the temporary or permanent withdrawal of the Community licence.
2
Where the holder of a Community licence is guilty of an infringement involving any misuse of driver attestations within the meaning of Article 12(2) of Regulation 1072/2009, the competent authority may impose the following penalties —
a
the temporary or permanent withdrawal of some or all of the certified true copies of the driver attestation;
b
the temporary or permanent withdrawal of the driver attestation.
Rights of appeal
8
1
A person who —
a
applies for a Community licence; and
b
wishes to dispute a decision of a traffic commissioner to refuse to issue the person with such a licence,
may appeal against that decision.
2
A person who —
a
is the holder of a Community licence; and
b
wishes to dispute a decision of a traffic commissioner to withdraw it or any certified true copies of it,
may appeal against that decision.
3
The right of appeal conferred by each of paragraphs (1) and (2) is a right of appeal to the Upper Tribunal .
9
1
A person who —
a
applies for a driver attestation; and
b
wishes to dispute a decision of the Secretary of State to refuse to issue the person with a driver attestation,
may appeal against that decision.
2
A person who —
a
is the holder of a driver attestation; and
b
wishes to dispute a decision of the Secretary of State to withdraw it or any certified true copies of it,
may appeal against that decision.
3
The right of appeal conferred by each of paragraphs (1) and (2) is a right of appeal to a traffic commissioner.
10
1
An appeal under regulation 9 must be brought within the period of 28 days, beginning with the day on which the aggrieved person (“the appellant”) was informed of the decision of the Secretary of State to refuse to issue that person with a driver attestation or to withdraw it or any certified true copies of it.
2
A traffic commissioner must —
a
consider any written representations made and any evidence provided when the appeal is brought;
b
inform the appellant of the outcome of the appeal within the period of 56 days, beginning with the day on which the appeal was brought; and
c
provide reasons for the decision (“the determination”).
3
Without prejudice to the right of any person to make an application for judicial review —
a
a determination by a traffic commissioner on an appeal brought under regulation 9 is binding on all parties affected by that determination; and
b
a traffic commissioner may give such directions as the traffic commissioner considers appropriate to give effect to the determination.
Authorised inspecting officers
11
The following are authorised inspecting officers for the purposes of Regulation 1072/2009 —
a
police constables in uniform;
b
examiners appointed under section 66A(1) of the Road Traffic Act 1988 .
Supply of information
12
1
The competent authority may refuse to issue a Community licence or driver attestation to an applicant if the applicant fails to supply any information that the competent authority may reasonably request for the purpose of verifying whether the applicant satisfies the conditions laid down in Article 4(1) or Article 5(1) of Regulation 1072/2009 as the case may be.
2
The holder of a Community licence or driver attestation must supply such information as the competent authority may reasonably require from time to time to enable the authority to decide whether the holder is entitled to retain the licence or attestation.
3
A person who fails to supply any information required under paragraph (2) may have the Community licence or driver attestation, and any certified true copies of it, withdrawn by the competent authority.
Power to stop
13
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.
2
The stopping 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 4.
3
In this regulation “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988 .
Death, bankruptcy etc of holder of Community licence
14
1
Where a person is treated as the holder of a standard operator’s licence by virtue of a direction under regulation 31 of the 1995 Regulations, that person is also to be treated as the holder of any Community licence held by the actual holder of that operator’s licence, for the same period as is specified in that direction.
2
For the purposes of paragraph (1), “actual holder” has the same meaning as in regulation 31(1) of the 1995 Regulations.
Bodies corporate
15
1
Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other officer of the body corporate or any person who was purporting to act in any such capacity, both that person and the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with that member’s functions of management of that body corporate as if that member were a director of the body corporate.
3
Where an offence under these Regulations has been committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of the offence and is liable to be proceeded against and punished accordingly.
Amendment of the Road Traffic (Foreign Vehicles) Act 1972
16
1
The Road Traffic (Foreign Vehicles) Act 1972 is amended as follows.
2
In Schedule 1 (provisions conferring functions on examiners) —
a
omit the entry relating to Article 5(4) of Council Regulation (EEC) No 881/92 ; and
b
after the entry relating to regulation 16 of the Road Transport (International Passenger Services) Regulations 1984 insert —
Article 4(6) of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market. To require the presentation of a certified true copy of a Community licence, which is required to be kept on board certain goods vehicles.
3
In Schedule 2 (provisions relating to vehicles and their drivers), for the entry relating to regulations 3 and 7 of the Goods Vehicles (Community Authorisations) Regulations 1992 substitute —
Regulation 4 of the Goods Vehicles (Community Licences) Regulations 2011. To impose a penalty for the contravention of the requirement to possess a Community licence when using a goods vehicle.
Review
17
1
The Secretary of State must from time to time —
a
carry out a review of these Regulations,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Regulation 1072/2009 (which is implemented by means of these Regulations) is implemented 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 so, the extent to which they could be achieved with a system that imposes less regulation.
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.
Signed by authority of the Secretary of State
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
1st November 2011


text:
Citation and commencement
1
This Order may be cited as the Crime and Disorder Act 1998 (Responsible Authorities) Order 2011 and shall come into force on 1st June 2011.
Combined areas
2
1
The functions conferred by sections 6 and 7 of the Crime and Disorder Act 1998 are to be carried out in relation to the local government areas of Hambleton District Council and Richmondshire District Council as if they constituted only one area (for the purposes of this article, “the combined area”).
2
The persons who for the purposes of Chapter 1 of the Crime and Disorder Act 1998 are to be taken as the responsible authorities in relation to the combined area are the persons who comprise every person who, apart from this Order, would be a responsible authority in relation to one or both of the areas included in the combined area.
3
1
The functions conferred by sections 6 and 7 of the Crime and Disorder Act 1998 are to be carried out in relation to the local government areas of Breckland District Council, Broadland District Council, Great Yarmouth Borough Council, King’s Lynn and West Norfolk Borough Council, North Norfolk District Council, Norwich City Council and South Norfolk District Council as if they constitued only one area (for the purposes of this article, “the combined area”).
2
The persons who for the purposes of Chapter 1 of the Crime and Disorder Act 1998 are to be taken as the responsible authorities in relation to the combined area are the persons who comprise every person who, apart from this Order, would be a responsible authority in relation to any one or more of the areas included in the combined area.
James Brokenshire
Parliamentary Under-Secretary of State
Home Office
4th May 2011


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Town and Country Planning (Compensation) (England) Regulations 2011 and shall come into force —
a
for all purposes other than those of regulations 2(f) and 6, on 1st October 2011, and
b
for the purposes of regulations 2(f) and 6, with effect from 1st December 2011.
2
These Regulations apply in relation to England only.
3
In these Regulations —
“ the Act ” means the Town and Country Planning Act 1990;
“the DMPO ” means the Town and Country Planning (Development Management Procedure) (England) Order 2010 ;
“the GPDO ” means the Town and Country Planning (General Permitted Development) Order 1995 ; and
“Schedule 2” means Schedule 2 to the GPDO.
Prescribed development
2
For the purposes of paragraphs (2A)(a) and (3C)(a) of section 108 of the Act (compensation where development order or local development order withdrawn), development of the following description is prescribed —
a
development permitted by Part 1 of Schedule 2 (development within the curtilage of a dwelling house);
b
development permitted by Class D and Class E of Part 2 of Schedule 2 (minor operations relating to electric vehicle charging points);
c
development permitted by Class I of Part 3 of Schedule 2 (changes of use relating to dwelling houses and houses in multiple occupation);
d
development permitted by Class A of Part 8 of Schedule 2 (erection, extension or alteration of an industrial building or a warehouse);
e
development permitted by Part 32 of Schedule 2 (schools, colleges, universities and hospitals);
f
development permitted by Part 40 of Schedule 2 (installation of domestic microgeneration equipment);
g
development permitted by Part 41 of Schedule 2 (office buildings); and
h
development permitted by Part 42 of Schedule 2 (shops or catering, financial or professional services establishments).
Prescribed manner in which planning permission to be withdrawn
3
For the purposes of section 108(3C)(b) of the Act, the prescribed manner for withdrawing planning permission is by direction in accordance with articles 4, 5 and (as appropriate) 6 of the GPDO.
Notice of withdrawal – prescribed manner and period
4
For the purposes of section 108(3C)(c) of the Act —
a
the prescribed manner in which notice of the withdrawal is to be published is in the manner described in paragraphs (1) to (5) of article 5 of the GPDO; and
b
the prescribed period is 24 months.
Notice of withdrawal, revocation, amendment or directions – prescribed manner and period
5
For the purposes of section 108(3D)(c) of the Act —
a
the prescribed manner for publication of notice of the revocation, amendment or directions is in the manner described in paragraphs (7) and (8) of article 34 of the DMPO; and
b
the prescribed period is 24 months.
Transitional provision
6
These Regulations shall not apply in relation to any withdrawal of planning permission for development of a description prescribed in regulation 2(f), where, before 1st December 2011, either —
a
notice of the direction withdrawing that permission has been given in accordance with article 5(1) of the GPDO, or
b
the direction is one to which article 6 of the GPDO (directions with immediate effect) applies and the direction has come into force.
Revocation
7
The Town and Country Planning (Compensation) ( No. 3) (England) Regulations 2010 are revoked.
Signed by authority of the Secretary of State for Communities and Local Government
Greg Clark
Minister of State
Department for Communities and Local Government
30th August 2011


text:
Citation and commencement
1
1
This Order may be cited as the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2011.
2
This Order shall come into operation on the first day of January 2012.
Establishment of fees
2
The fees appearing in the Tables of the Schedule to this Order are established and are substituted for the fees appearing in the Tables of the Schedule to the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2010 . The Tables of the Schedule to this Order contain particulars of the fees which are to be received, after the commencement of this Article —
1
by the ecclesiastical judges and legal officers named in that Schedule in respect of the carrying out by them of the duties of their offices specified in that Schedule; and
2
by diocesan boards of finance in respect of the matters specified in Part II of Table I of that Schedule.
Revocation of 2010 Order
3
The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2010 is hereby revoked.
Supplementary annual fee
4
1
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee or fees prescribed by Order made under the Ecclesiastical Fees Measure 1986.
2
An agreement made under sub-paragraph (1) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
3
An agreement made under sub-paragraph (1) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months’ notice on either side.
4
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
Travel, subsistence, accommodation and court hearings
5
A fee specified in the Schedule to this Order (other than a fee specified in Part II of Table I of that Schedule) shall be increased by a sum for reasonable expenses of travel, subsistence, accommodation and the holding of court hearings.
Value Added Tax
6
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.
A Rutherford
G F Tattersall
A R Hargreaves-Smith
A Britton
T E H Walker
T E Allen
C. J. Podmore
Clerk to the Synod
Church House, London
8th July 2011


text:
Citation, commencement, extent and interpretation
1
1
These Regulations —
a
may be cited as the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 2011;
b
come into force on 28th February 2011; and
c
extend to England and Wales only.
2
In these Regulations, a reference to a section or Part is a reference to a section or Part of the Criminal Procedure and Investigations Act 1996.
Prescribed period for disclosure by the accused
2
1
The relevant period for section 5 (compulsory disclosure), section 6 (voluntary disclosure) and section 6C (notification of intention to call defence witnesses) begins with the day on which the prosecutor complies or purports to comply with section 3 (initial duty of the prosecutor to disclose) .
2
In a case where Part 1 applies by virtue of section 1(1) (application of Part 1 in respect of summary proceedings), the relevant period for section 6 and section 6C expires at the end of 14 days beginning with the first day of the relevant period.
3
In a case where Part 1 applies by virtue of section 1(2) (application of Part 1 in respect of Crown Court proceedings) , the relevant period for section 5 and section 6C expires at the end of 28 days beginning with the first day of the relevant period.
4
Where the relevant period would expire on a Saturday, Sunday, Christmas Day, Good Friday or any day that under the Banking and Financial Dealings Act 1971 is a bank holiday in England and Wales, the relevant period is treated as expiring on the next day that is not one of those days.
5
Paragraphs (2) and (3) are subject to regulation 3.
Power to extend
3
1
The court may by order extend (or further extend) the relevant period by so many days as it specifies.
2
The court may only make such an order —
a
on an application by the accused; and
b
if it is satisfied that it would be unreasonable to require the accused to give a defence statement under section 5 or section 6, or give notice under section 6C, as the case may be, within the relevant period.
3
Such an application must —
a
be made within the relevant period;
b
specify the grounds on which it is made; and
c
state the number of days by which the accused wishes the relevant period to be extended.
4
There is no limit on the number of applications that may be made under paragraph (2)(a).
Revocation
4
The Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 1997 and the Criminal Procedure and Investigations Act 1996 (Notification of Intention to Call Defence Witnesses) (Time Limits) Regulations 2010 are revoked, but that revocation shall not have effect in relation to a case to which Part 1 applies before the coming into force of these Regulations.
Kenneth Clarke
Secretary of State for Justice
Ministry of Justice
2nd February 2011


text:
Title and commencement
1
The title of this Order is the Cardiff and Vale College (Incorporation) Order 2011 and it comes into force on 8 April 2011.
New Corporation
2
On 8 April 2011 a body corporate called Cardiff and Vale College is to be established, for the purposes of establishing and conducting from the operative date a new educational institution of the same name.
Operative date
3
The operative date appointed in relation to Cardiff and Vale College is 1 August 2011, and the corporation is to conduct the educational institution of Cardiff and Vale College from that date.
Leighton Andrews
Minister of Children, Education and Lifelong Learning, one of the Welsh Ministers
7 March 2011