text:
Citation and commencement
1
These Regulations may be cited as the Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2009, and shall come into force on 1st January 2010.
Interpretation
2
In these Regulations —
“the Administration Regulations ” means the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 ;
“the Appeals Regulations ” means the Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003 ;
“the General Regulations ” means the Child Benefit (General) Regulations 2006 ; and
“the Guardian’s Allowance Regulations ” means the Guardian’s Allowance (General) Regulations 2003 .
Amendments to the Administration Regulations
3
1
The Administration Regulations are amended as follows.
2
In regulation 2 for the definition of “appropriate office” substitute —
“appropriate office” means —
Waterview Park, Washington, Tyne and Wear; or
any other office specified in writing by the Board.
.
3
For regulation 5(1) (making a claim) substitute —
1
A claim, or an extension of a claim, for child benefit or guardian’s allowance must be made —
a
to the Board, in writing and completed on a form approved or authorised by the Board for the purpose of the claim; or
b
in such other manner as the Board may decide having regard to all the circumstances.
.
4
In regulation 19(1) (persons who may elect to have child benefit paid weekly) —
a
after sub-paragraph (b)(i) delete “or”; and
b
after sub-paragraph (b)(ii), add —
;
iii
an income-related employment and support allowance within the meaning in Part 1 of the Welfare Reform Act 2007 or Part 1 of the Welfare Reform Act (Northern Ireland) 2007 ; or
iv
a state pension credit within the meaning in the State Pension Credit Act 2002 or the State Pension Credit Act (Northern Ireland) 2002 .
.
5
In regulation 26 (extinguishment of a right to payment if payment is not obtained within the prescribed period) —
a
for paragraph (1) substitute —
1
A person’s right to payment of any sum of child benefit or guardian’s allowance shall be extinguished if payment of that sum has not been obtained within 12 months of the issue by the Board of a cheque or other instrument of payment to that person.
.
b
omit paragraphs (2) to (5).
Amendment to the Appeals Regulations
4
In regulation 2(1) of the Appeals Regulations (interpretation) for the definition of “the appropriate office” substitute —
“the appropriate office” means —
Waterview Park, Washington, Tyne and Wear; or
any other office specified in writing by the Board.
.
Amendments to the General Regulations
5
1
The General Regulations are amended as follows.
2
In regulation 1(3), for the definition of “an appropriate office” substitute —
“an appropriate office” means —
Waterview Park, Washington, Tyne and Wear; or
any other office specified in writing by the Commissioners.
.
3
In regulation 1(3) for sub-paragraph (d) of the definition of “approved training” substitute —
d
in relation to Northern Ireland, known as “Jobskills” or “Training for Success: Professional and Technical Training” or “Programme Led Apprenticeships (Apprenticeships NI )”;
.
4
At the beginning of regulation 4(2) (continuation of entitlement until 31st August: 16 year olds) insert “Subject to paragraph (3),”.
5
After regulation 4(2) add —
3
In the case of a person who attains the age of 16 on 31 August in any year, the condition is that the 1st September immediately following has not passed.
.
6
For regulation 5(2)(f) (extension period:16 and 17 year olds) substitute —
f
the individual who is responsible for that person, within three months of that person’s ceasing education or training, has made a request for the payment of child benefit during the extension period to the Commissioners, in writing, or by such other means as the Commissioners may accept.
.
Amendment to the Guardian’s Allowance Regulations
6
In regulation 10 of the Guardian’s Allowance Regulations (prescribed manner of making an election under section 77(9) of the Act or section 77(9) of the Northern Ireland Act) for paragraph (3) substitute —
3
In paragraph (2) “an appropriate office” means —
a
Waterview Park, Washington, Tyne and Wear; or
b
any other office specified in writing by the Board.
.
Steve McCabe
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 2009
Dave Hartnett
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
9th December 2009


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Civil Aviation (Customs and Excise Airports) (Amendment) Order 2009 and comes into force on 1st August 2009.
Amendment of the Civil Aviation (Customs and Excise Airports) Order 2001
2
The Civil Aviation (Customs and Excise Airports) Order 2001 is amended as follows.
3
In Article 2, omit the words “Sheffield City Airport”
Signed by authority of the Secretary of State
John Parkinson
Department for Transport
30th June 2009


text:
Citation
1
This Order may be cited as the Health and Social Care Act (Commencement No.10) Order 2009.
Appointed day for provisions relating to the Appointments Commission
2
4th June 2009 is the day appointed for the coming into force of the following provisions of the Health and Social Care Act 2008 —
a
paragraph 21 of Schedule 10 (amendment to the Health Act 2006 ) in so far as not already in force; and
b
section 127 in so far as it gives effect to that provision.
Signed on behalf of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
27th May 2009


text:
Citation and commencement
1
This Order may be cited as the Inspectors of Education, Children’s Services and Skills (No. 2) Order 2009 and comes into force on 9th July 2009.
Appointment of Her Majesty’s Inspectors of Education, Children’s Services and Skills
2
The persons named in the Schedule to this Order are appointed Her Majesty’s Inspectors of Education, Children’s Services and Skills.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pension Schemes (Levy Ceiling) Order 2009.
2
This Order comes into force —
a
for the purposes of this article and article 2, on 31st March 2009; and
b
for the purposes of article 3, on 1st April 2009.
The levy ceiling
2
For the purposes of section 177 of the Pensions Act 2004 (amounts to be raised by the pension protection levies), the levy ceiling for the financial year beginning on 1st April 2009 is £863,412,967.
Revocation of the Occupational Pension Schemes (Levy Ceiling) Order 2008
3
The Occupational Pension Schemes (Levy Ceiling) Order 2008 is revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Jonathan Shaw.
Parliamentary Under-Secretary of State,
Department for Work and Pensions
26th March 2009


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) (Amendment) Regulations 2009 and shall come into force on 5th August 2009.
2
These Regulations apply in relation to periods of account beginning on or after 1st January 2009 and have effect in relation to derivative contracts —
a
entered into on or after 1st January 2009 and which formed part of a relevant hedging relationship up to and including 10th March 2009; or
b
entered into on or after 10th March 2009.
Interpretation
2
In these Regulations —
“relevant hedging relationship” has the same meaning as in regulation 7A of the 2004 Regulations (inserted by regulation 5 of these Regulations); and
“the 2004 Regulations” means the Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) Regulations 2004 .
Amendment of the 2004 Regulations
3
The 2004 Regulations are amended in accordance with these Regulations.
Amendment of regulation 6
4
In paragraphs (1) and (2) of regulation 6 (rules about fair value profits and losses) of the 2004 Regulations, after “regulations 7,” insert “7A,”.
Insertion of regulation 7A
5
After regulation 7 of the 2004 Regulations, insert —
Exchange gains or losses arising from derivative contracts hedging anticipated or future proceeds from certain issues of shares
7A
1
For the purposes of section 598(1)(a) of the Corporation Tax Act 2009 , an exchange gain or loss arising to a company is an excluded amount in an accounting period in relation to a derivative contract if —
a
the underlying subject matter of the contract consists wholly of currency; and
b
there is a relevant hedging relationship within the meaning of paragraph (2).
2
There is a relevant hedging relationship between a derivative contract (or part of a derivative contract) and the anticipated or future proceeds of an announced or proposed rights issue or open offer of shares (“relevant share issue”) if, and to the extent that —
a
the contract (or part of the contract) is intended to hedge the economic risk to future capital raised under the relevant share issue (“the hedged item”); and
b
the economic risk is attributable to fluctuations in exchange rates between the currency in which the relevant share issue is denominated and the company’s functional currency.
3
If there is a hedging relationship between part of a currency contract and a hedged item, the part of the fair value profit or loss that is an excluded amount is the part which bears to the whole the proportion which the value of that part of the contract which is in the hedging relationship bears to the value of the whole contract
4
Paragraph (1) shall not apply to a derivative contract which is entered into with a person (“person A”) to whom the company is connected unless —
a
a person who is connected to the company enters into a derivative contract with a person who is not connected with the company; and
b
that contract confers rights or imposes liabilities which are equivalent to those of A under the contract which A entered with the company.
5
Section 466 of the Corporation Tax Act 2009 (companies connected for an accounting period) applies for the purposes of paragraph (4).
6
A derivative contract to which this regulation applies may act as a hedge of the anticipated or future proceeds from a relevant share issue only to the extent that the value of the obligation under the derivative contract (within the meaning of regulation 4(5)) does not exceed the anticipated or future proceeds from the relevant share issue which, but for the derivative contract, would not be hedged.
7
Subsections (3) and (4) of section 606 of the Corporation Tax Act 2009 do not apply to any exchange gain or loss which is an excluded amount by virtue of paragraph (1).
8
In this regulation —
a
“functional currency”, in relation to a company, means the currency of the primary economic environment in which the company operates; and
b
“rights issue or open offer of shares” means an offer or invitation to existing shareholders to subscribe for or purchase further shares in proportion to (or as nearly as may be in proportion to) their current holdings.
.
Insertion of regulation 10A
6
After regulation 10, insert —
Bringing exchange gains into account on contracts to which regulation 7A applies
10A
1
For the purposes of section 598(1)(c) of the Corporation Tax Act 2009 there is an amount to be brought into account which is equivalent to the amount of any exchange gain specified in paragraph (2).
2
The exchange gain specified is any exchange gain —
a
arising to a company in relation to a derivative contract to which regulation 7A applies or applied, and
b
which has been distributed to the shareholders of the company.
3
The amount to be brought into account by paragraph (1) is to be brought into account for the accounting period in which the distribution is made.
.
Insertion of regulation 13
7
After regulation 12, insert —
Transitional provision: exchange losses arising from contracts to which regulation 7A applies
13
1
This regulation applies to a derivative contract to which regulation 7A applies —
a
which was entered into on or after 1st January 2009;
b
which formed part of a relevant hedging relationship (within the meaning of regulation 7A) up to and including 10th March 2009; and
c
in respect of which an exchange loss would have arisen to the company had an accounting period ended on 9th March 2009.
2
For the purposes of section 598(1)(c) of the Corporation Tax Act 2009 the amount to be brought into account is the lower of —
a
the exchange loss arising to the company which is incurred on the termination of the derivative contract; or
b
the exchange loss which would have arisen to the company in relation to the derivative contract had an accounting period ended on 9th March 2009.
3
Paragraph (4) applies if there is more than one derivative contract to which regulation 7A applies in relation to the same hedged item.
4
The total amount of the exchange loss in relation to those contracts which is to be brought into account under this regulation shall not exceed the aggregate net exchange losses (if any) which —
a
arose to the company on the termination of those contracts, or
b
would have arisen to the company in relation to those contracts had an accounting period ended on 9 March 2009.
5
Where paragraph (4) applies, the amount of loss to be brought into account is to be apportioned between each of the contracts on a just and reasonable basis.
6
For the purposes of this regulation, the termination of a derivative contract shall be regarded as having occurred on the earlier of —
a
the day on which the contract is terminated, or
b
the last day of the first accounting period which ends on or after 10th March 2009.
7
The amount to be brought into account for the purposes of section 598(1)(c) of the Corporation Tax Act 2009 is nil in a case where —
a
no exchange loss arises to the company on the termination of the derivative contract;
b
there is more than one derivative contract to which regulation 7A applies in relation to the same hedged item and no aggregate net exchange loss arises to the company on the termination of those contracts; or
c
there is more than one derivative contract to which regulation 7A applies in relation to the same hedged item and no aggregate net exchange loss would have arisen to the company in relation to those contracts had an accounting period ended on 9th March 2009.
.
Tony Cunningham
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
14th July 2009


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Jersey) Order 2009.
Tax information exchange arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Exchange of Letters set out in Part 1 of the Schedule to this Order and in the Agreement set out in Part 2 of that Schedule have been made with the States of Jersey with a view to the exchange of information foreseeably relevant to the administration or enforcement or recovery of the taxes, and debts relating to the taxes, covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
b
it is expedient that those arrangements should have effect.
Double taxation arrangements to have effect
3
It is also declared that —
a
the arrangements specified in the Exchange of Letters set out in Part 1 of the Schedule to this Order and in the Arrangement set out in Part 3 of that Schedule, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Jersey) Order 1952 , as amended by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Jersey) Order 1994 , have been made with the States of Jersey with a view to affording relief from double taxation in relation to income tax or corporation tax and taxes of a similar character imposed by the laws of either party; and
b
it is expedient that those arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for the references in these Regulations to the Regulation specified in paragraph (a), and to the provisions of the Directive specified in paragraph (b), to be construed as references to that Regulation or those provisions as amended from time to time —
a
Commission Regulation (EC) No 1205/2008 regarding metadata , and
b
Annexes I, II and III to Directive 2007/2/ EC of the European Parliament and of the Council establishing an Infrastructure for Spatial Information in the European Community ( INSPIRE ) .
Citation and commencement
1
These Regulations may be cited as the INSPIRE Regulations 2009 and come into force on 31st December 2009.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Freedom of Information Act 2000 ;
“the Directive” means Directive 2007/2/EC of the European Parliament and of the Council establishing an Infrastructure for Spatial Information in the European Community (INSPIRE);
“discovery service” means a service described in regulation 7(2)(a);
“metadata” means information describing spatial data sets and spatial data services and making it possible to discover, inventory and use them;
“ Metadata Regulation ” means Commission Regulation (EC) No 1205/2008 regarding metadata;
“public authority” has the meaning given by regulation 3;
“Scottish public authority” means —
a body referred to in section 80(2) of the Act, or
in so far as not such a body, a Scottish public authority as defined in section 3 of the Freedom of Information (Scotland) Act 2002 ;
“Scottish third party” means —
an individual whose address is in Scotland, or
a body corporate, partnership or unincorporated association whose principal office is in Scotland,
but does not include a Scottish public authority;
“spatial data” means any data with a direct or indirect reference to a specific location or geographical area;
“spatial data service” means a service which consists of operations which may be performed, by invoking a computer application —
on the spatial data contained in a spatial data set, or
on the metadata related to a spatial data set;
“spatial data set” means an identifiable collection of spatial data which —
are in electronic format,
relate to one or more of the themes listed in Annex I, II or III to the Directive, and
relate to —
the United Kingdom,
Gibraltar,
the territorial sea of the United Kingdom ,
an area of the continental shelf for the time being designated by an Order in Council under section 1(7) of the Continental Shelf Act 1964 , or
an area, outside the territorial sea of the United Kingdom, for the time being designated by an Order in Council under section 84(4) of the Energy Act 2004 ;
“third party” means (except as otherwise provided by regulation 9(7)) a person other than —
a public authority or a Scottish public authority,
a person holding a spatial data set or operating a spatial data service on behalf of a public authority or a Scottish public authority,
a Scottish third party, or
a person holding a spatial data set or operating a spatial data service on behalf of a Scottish third party.
2
Other terms used in these Regulations that are also used in the Directive have the meaning they bear in the Directive.
3
For the purposes of these Regulations —
a
a public authority is responsible for a spatial data set if —
i
that authority holds that data set (other than on behalf of another person), or
ii
another person holds that data set on behalf of that authority;
b
a public authority is responsible for a spatial data service if —
i
that authority operates that data service (other than on behalf of another person), or
ii
another person operates that data service on behalf of that authority;
c
a third party is responsible for a spatial data set if —
i
that third party holds that data set (other than on behalf of another person), or
ii
another person holds that data set on behalf of that third party; and
d
a third party is responsible for a spatial data service if —
i
that third party operates that data service (other than on behalf of another person), or
ii
another person operates that data service on behalf of that third party.
4
In these Regulations —
a
any reference to the Metadata Regulation is a reference to the Metadata Regulation as amended from time to time; and
b
any reference to Annex I, II or III to the Directive is a reference to that Annex to the Directive as amended from time to time.
Public authority
3
1
In these Regulations “public authority” means —
a
a government department;
b
any other public authority as defined in section 3(1) of the Act, disregarding for this purpose the exceptions in paragraph 6 of Schedule 1 to the Act, but excluding —
i
any body or office-holder listed in Schedule 1 to the Act only in relation to information of a specified description, or
ii
any person designated by order under section 5 of the Act;
c
any other body or other person that carries out functions of public administration; or
d
any other body or other person that is under the control of a person falling within sub-paragraph (a), (b) or (c) and has public responsibilities relating to the environment, exercises functions of a public nature relating to the environment, or provides public services relating to the environment.
2
But in regulation 12 (data-sharing between public authorities etc. ), “public authority” does not include the bodies or persons falling within paragraph (1)(d).
3
Except as provided by regulation 9(7), a Scottish public authority is not a public authority for the purposes of these Regulations.
4
These Regulations do not apply to any public authority to the extent that it is acting in a judicial or legislative capacity.
5
These Regulations do not apply to either House of Parliament to the extent required for the purpose of avoiding an infringement of the privileges of either House.
6
Each government department is to be treated as a person separate from any other government department for the purposes of these Regulations.
Scope of application of the Regulations: spatial data sets and spatial data services
4
1
In so far as a provision of these Regulations concerns a spatial data set for which a public authority is responsible, that provision applies in relation to that spatial data set only if that data set is held —
a
by a public authority which has produced or received that data set, or manages or updates that data set, within the scope of its public tasks; or
b
by another person on behalf of a public authority which has produced or received that data set, or managed or updated that data set, within the scope of that authority’s public tasks.
2
But —
a
that provision does not apply in relation to a spatial data set which is held by or on behalf of —
i
in England, a parish council within the meaning of the Local Government Act 1972 , or
ii
in Wales, a community council within the meaning of that Act,
unless that body is subject to a legal requirement to collect or disseminate the data contained in that data set; and
b
where multiple identical copies of the same spatial data set are held by or on behalf of various public authorities, that provision applies only in relation to the reference version from which the various copies are derived.
3
Subject to paragraph (4), in so far as a provision of these Regulations concerns a spatial data set for which a third party is responsible, that provision applies in relation to that spatial data set only if that data set has been linked to a network of related spatial data sets following satisfaction of the conditions specified in regulation 8(3).
4
The proviso specified in paragraph (3) does not apply to regulation 8(2).
5
In so far as a provision of these Regulations concerns a spatial data service, that provision applies in relation to that spatial data service only if that provision applies in relation to the spatial data set to which that spatial data service relates.
Intellectual property rights
5
Where —
a
a public authority or a third party (“P”) is responsible for a spatial data set; and
b
a person other than P (“X”) holds intellectual property rights in relation to that data set,
P must not take any action under these Regulations in relation to that data set unless P has X’s consent to take that action.
Metadata
6
1
A public authority or a third party must create metadata in relation to any spatial data set or spatial data service for which that authority or third party is responsible.
2
Metadata in relation to a spatial data set or a spatial data service must include the following information —
a
the quality and validity of that data set or data service;
b
the person responsible for the establishment, management, maintenance and distribution of that data set or data service;
c
any limitations on public access to that data set or data service, and the reasons for such limitations;
d
any conditions applying to access to, and use of, that data set or data service; and
e
any charges payable in relation to access to, and use of, that data set or data service.
3
Metadata must be complete and must be kept up to date.
4
Metadata relating to —
a
spatial data sets corresponding to the themes listed in Annex I or Annex II to the Directive; and
b
spatial data services relating to those data sets,
must be created by 24th December 2010.
5
Metadata relating to —
a
spatial data sets corresponding to the themes listed in Annex III to the Directive; and
b
spatial data services relating to those data sets,
must be created by 24th December 2013.
Network services
7
1
A public authority or a third party must establish and operate the services described in paragraph (2) in relation to any spatial data set or spatial data service —
a
for which that authority or third party is responsible; and
b
in relation to which metadata have been created in accordance with regulation 6 and the Metadata Regulation.
2
The services are —
a
discovery services —
i
making it possible to search for spatial data sets and spatial data services on the basis of the content of the corresponding metadata and to display the content of the metadata, and
ii
making it possible to search according to, as a minimum, the search criteria specified in paragraph (3) (used alone or in combination);
b
view services making it possible, as a minimum, to display, navigate, zoom in and out, pan, or overlay viewable spatial data sets and to display legend information and any relevant content of metadata;
c
download services, enabling copies of spatial data sets, or parts of such sets, to be downloaded and, where practicable, accessed directly;
d
transformation services, enabling spatial data sets to be transformed with a view to achieving interoperability; and
e
services allowing spatial data services to be invoked.
3
The search criteria referred to in paragraph (2)(a)(ii) are —
a
keywords;
b
classification of spatial data and spatial data services;
c
the quality and validity of spatial data sets;
d
geographical location;
e
conditions applying to the access to and use of spatial data sets and spatial data services; and
f
the person responsible for the establishment, management, maintenance and distribution of spatial data sets and spatial data services.
4
The services specified in paragraph (2) must —
a
take into account relevant user requirements;
b
be easy to use; and
c
subject to regulation 9, be available to the public and accessible via the internet or any other appropriate means of telecommunication.
5
In paragraph (2) “interoperability” means the possibility for spatial data sets to be combined, and for services to interact, without repetitive manual intervention, in such a way that the result is coherent and the added value of the data sets and services is enhanced.
Linking to a network
8
1
The Secretary of State must enable a public authority to link any spatial data set or spatial data service for which that authority is responsible to a network of related spatial data sets or spatial data services, provided that the conditions specified in paragraph (3) are satisfied in relation to that data set or data service.
2
The Secretary of State must enable a third party to link any spatial data set or spatial data service for which that third party is responsible to a network of related spatial data sets or spatial data services, provided that —
a
the third party makes a request to that effect; and
b
the conditions specified in paragraph (3) are satisfied in relation to that data set or data service.
3
The conditions are —
a
metadata have been created in accordance with regulation 6 and the Metadata Regulation; and
b
services have been established and are operated in accordance with regulation 7.
Public access to spatial data sets and spatial data services
9
1
Subject to paragraph (6), access by the public to a spatial data set or spatial data service by means of a service specified in regulation 7(2) may be limited only if —
a
a limitation is permitted or required under paragraph (2), (3) or (4); and
b
except in the case of a limitation under paragraph (2)(a), the public interest in limiting or placing conditions on public access outweighs the public interest in providing full access, in all the circumstances of the case.
2
A public authority or a third party must not provide public access to personal data included in a spatial data set for which that authority or third party is responsible, if the provision of public access to that personal data otherwise than under these Regulations would contravene —
a
any of the data protection principles; or
b
section 10 of the Data Protection Act 1998 (right to prevent processing likely to cause damage or distress),
and in this paragraph “personal data” and “the data protection principles” have the same meanings as in the Data Protection Act 1998.
3
A public authority or a third party may, in relation to a spatial data set or spatial data service for which that authority or third party is responsible, limit public access to that data set or data service through a discovery service if such access would adversely affect international relations, public security or national defence.
4
A public authority or a third party may, in relation to a spatial data set or spatial data service for which that authority or third party is responsible —
a
limit public access to that data set or data service through a service described in regulation 7(2)(b), (c), (d) or (e); or
b
limit public access to the e-commerce services referred to in regulation 10(4) which relate to that data set or data service,
if such access would adversely affect any matter specified in paragraph (5).
5
The matters are —
a
international relations, defence, national security or public safety;
b
the course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature;
c
intellectual property rights;
d
the confidentiality of the proceedings of that or any other public authority or third party where such confidentiality is provided by law;
e
the confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest;
f
the interests or protection of the person who provided the spatial data in question where that person —
i
was not under, and could not have been put under, any legal obligation to supply that data to that or any other public authority or third party,
ii
did not provide that data in circumstances such that that or any other public authority or third party is entitled apart from these Regulations to provide public access to that data, and
iii
has not consented to the public being provided with access to that data; and
g
the protection of the environment to which the spatial data set or spatial data service in question relates.
6
A public authority or a third party may not limit public access to a spatial data set or spatial data service which contains information on emissions into the environment, on a ground specified in paragraph (5)(d), (e), (f) or (g).
7
For the purposes of paragraph (5)(b), (d) and (f), “public authority” includes a Scottish public authority, and for the purposes of paragraph (5)(d) and (f), “third party” includes a Scottish third party.
Charges for public access
10
1
Except as provided by paragraph (2), a public authority or a third party must not charge the public for a discovery service or a view service which that authority or third party operates in relation to a spatial data set or spatial data service for which that authority or third party is responsible.
2
A public authority or a third party may charge the public for a view service where that charge secures the maintenance of spatial data sets and spatial data services, especially in cases involving very large volumes of frequently updated data.
3
A public authority or a third party may charge the public a reasonable sum for a service described in regulation 7(2)(c), (d) or (e) which that authority or third party operates in relation to a spatial data set or spatial data service for which that authority or third party is responsible.
4
Where a public authority or a third party charges the public for a view service or a service described in regulation 7(2)(c) or (e), that authority or third party must ensure that e-commerce services are available in relation to that service.
5
Spatial data made available through a view service may be in a form preventing their re-use for commercial purposes.
6
In this regulation “view service” means a service described in regulation 7(2)(b).
Enforcement and appeals in relation to public access
11
1
The enforcement and appeals provisions of the Act apply for the purposes of regulations 7(4)(c) and 9 as they apply for the purposes of the Act, but with the modifications specified in paragraphs (3) to (11) of this regulation.
2
In this regulation “the enforcement and appeals provisions of the Act” means —
a
section 50 (application for decision by Commissioner);
b
section 51 (information notices);
c
section 52 (enforcement notices);
d
section 54 (failure to comply with notice);
e
section 55 and Schedule 3 (powers of entry and inspection);
f
section 56 (no action against public authority);
g
section 57 (appeal against notices served under Part IV);
h
section 58 (determination of appeals);
i
section 59 (appeals from decision of Tribunal); and
j
section 61 (appeal proceedings), and paragraphs 3 and 4 of Schedule 4 (appeal proceedings: amendments of Schedule 6 to Data Protection Act 1998).
3
In the enforcement and appeals provisions of the Act —
a
after each reference to “public authority” or “authority”, insert “or third party”;
b
any reference to “public authority” or “authority” is a reference to a public authority as defined in these Regulations; and
c
any reference to “third party” is a reference to a third party as defined in these Regulations.
4
In section 50 of the Act —
a
in subsection (1), for “a request for information” to the end, substitute “a public authority or a third party has acted or is acting in a way which is not compatible with regulation 7(4)(c) or 9 of the INSPIRE Regulations 2009.”;
b
for paragraph (a) of subsection (2) substitute —
a
that the complainant has not exhausted the complaints procedure provided by the public authority or third party under regulation 13 of the INSPIRE Regulations 2009,
;
c
for subsection (4) substitute —
4
Where the Commissioner decides that a public authority or a third party has acted or is acting in a way which is not compatible with regulation 7(4)(c) or 9 of the INSPIRE Regulations 2009, the decision notice must specify the steps which must be taken by the authority or third party for rectifying the incompatibility, and the period within which they must be taken.
; and
d
omit subsection (7).
5
In section 51 of the Act —
a
in subsection (1) —
i
for paragraph (b)(i) substitute —
i
for the purpose of determining whether a public authority or a third party has acted or is acting in a way which is not compatible with regulation 7(4)(c) or 9 of the INSPIRE Regulations 2009,
,
ii
omit paragraph (b)(ii), and
iii
in the tailpiece, for “application” to the end substitute “application, or to the purpose specified in paragraph (b), as is so specified.”; and
b
in paragraph (b)(i) of subsection (2), for “either of the purposes” substitute “the purpose”.
6
In section 52 of the Act —
a
for subsection (1) substitute —
1
If the Commissioner is satisfied that a public authority or a third party has acted in a way which is not compatible with regulation 7(4)(c) or 9 of the INSPIRE Regulations 2009, the Commissioner may serve the authority or third party with a notice (in this Act referred to as “an enforcement notice”) requiring the authority or third party to take, within such time as may be specified in the notice, such steps as may be so specified to rectify that incompatibility.
;
b
for subsection (2)(a) substitute —
a
a statement of the provision of the INSPIRE Regulations 2009 with which the Commissioner is satisfied that the public authority or third party’s actions are not compatible and his reasons for reaching that conclusion, and
; and
c
omit subsection (5).
7
In section 56(1) of the Act, for “failure to comply with any duty imposed by or under this Act” substitute “action which is not compatible with regulation 7(4)(c) or 9 of the INSPIRE Regulations 2009”.
8
In section 57 of the Act, omit subsection (3).
9
In Schedule 3 to the Act —
a
for sub-paragraph (1) of paragraph 1 (issue of warrants) substitute —
1
If a circuit judge or a District Judge (Magistrates’ Courts) is satisfied by information on oath supplied by the Commissioner that there are reasonable grounds for suspecting that a public authority or a third party —
a
has acted or is acting in a way which is not compatible with regulation 7(4)(c) or 9 of the INSPIRE Regulations 2009,
b
has failed or is failing to comply with so much of a decision notice as requires steps to be taken, or
c
has failed or is failing to comply with an information notice or an enforcement notice,
and that evidence of such actions or such a failure to comply is to be found on any premises specified in the information, the circuit judge or District Judge may, subject to paragraph 2, grant a warrant to the Commissioner.
; and
b
in paragraph 8 (matters exempt from inspection and seizure), for “information which is exempt information by virtue of section 23(1) or 24(1)” (bodies and information relating to national security) substitute “information to which public access may be limited under regulation 9(5)(a) of the INSPIRE Regulations 2009 on the ground that such access would adversely affect national security”.
10
In paragraph 4 of Schedule 4 to the Act (rules of procedure), in the words in sub-paragraph (1)(a)(ii) of paragraph 7 of Schedule 6 to the Data Protection Act 1998 substituted by sub-paragraph (2), omit “and section 60(1) and (4)”.
11
Section 76(1) of the Act (disclosure of information between Commissioner and ombudsmen) applies to any information obtained by, or furnished to, the Information Commissioner under or for the purposes of regulation 7(4)(c) or 9.
12
A person found guilty of an offence under paragraph 12 of Schedule 3 to the Act (offences relating to obstruction of the execution of a warrant) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
13
A government department or the Welsh Assembly Government is not liable to prosecution in relation to an offence under paragraph 12 of Schedule 3 to the Act, but that provision applies to a person in the public service of the Crown and to a person acting on behalf of either House of Parliament, the Northern Ireland Assembly or the National Assembly for Wales as it applies to any other person.
Data-sharing between public authorities etc.
12
1
A public authority (“P”) must, in relation to a spatial data set or spatial data service for which P is responsible —
a
enable another public authority or a relevant body to gain access to that data set or data service; and
b
enable another public authority or a relevant body to exchange and use that data set or data service,
where that authority or body requires that data set or data service for the purpose of its public tasks that may have an impact on the environment.
2
But a public authority may limit sharing of the kind described in paragraph (1) when this would compromise the course of justice, public security, national defence or international relations.
3
Subject to paragraphs (4), (5) and (6), a public authority which supplies a spatial data set or spatial data service to another public authority or a relevant body may impose conditions on the access to or exchange or use of that data set or data service, for example by doing either or both of the following —
a
providing that access to that data set or data service, or exchange or use of that data set or data service, is subject to terms and conditions imposed by a licence;
b
making a charge for the access to, or exchange or use of, that data set or data service.
4
But any such conditions must be compatible with the aim of facilitating the sharing of spatial data sets and spatial data services among public authorities and between public authorities and relevant bodies, and must avoid creating practical obstacles, occurring at the point of use, to such sharing.
5
Where a public authority makes a charge as described in paragraph (3)(b), the charge must be kept to the minimum required to ensure the necessary quality and supply of spatial data sets and spatial data services together with a reasonable return on investment, and any requirement on an authority to be self-financing is to be respected.
6
Where, under EU legislation relating to the environment, a public authority is required to report a matter to an institution or body of the EU, that authority must not charge that body in relation to the provision to that body of a spatial data set or spatial data service in satisfaction of that requirement.
7
In this regulation “relevant body” means —
a
a Scottish public authority;
b
a public body in another member State;
c
an institution or body of the EU; or
d
a body established by an international agreement to which the EU and the United Kingdom are parties.
Internal complaints procedure
13
1
A public authority or a third party must establish an internal complaints procedure for dealing with a complaint relating to the performance of its functions under these Regulations.
2
A complaint relating to the performance by a public authority or a third party of its functions under these Regulations —
a
must be pursued according to the complaints procedure established by that authority or third party under paragraph (1); and
b
must be made in writing.
3
A public authority or a third party must determine a complaint within a reasonable time, and must notify the complainant of its determination without delay.
4
Notification under paragraph (3) must be in writing and give reasons for the determination.
Coordination and monitoring
14
1
The Secretary of State is designated in accordance with Article 18 of the Directive (mechanism for coordinating the contributions of all those with an interest in the infrastructure for spatial information), and accordingly has the coordination functions referred to in that Article.
2
The Secretary of State is designated in accordance with Article 19 of the Directive (contact point with the Commission in relation to implementation of the Directive).
3
The Secretary of State has the following further functions in relation to the Directive —
a
enforcing the requirements of —
i
regulation 6 (metadata), and
ii
regulation 7 (network services), except regulation 7(4)(c); and
b
monitoring the implementation and use of the infrastructure for spatial information and making the findings available to the public and to the European Commission .
4
The Secretary of State must issue guidance to public authorities and third parties which are responsible for spatial data sets or spatial data services regarding their implementation of the Directive.
5
Guidance issued under paragraph (4) must include provision relating to the internal complaints procedure which authorities and third parties are required to establish under regulation 13.
6
In performing their functions under these Regulations, public authorities and third parties must have regard to guidance issued under paragraph (4).
7
Public authorities and third parties must provide such information to the Secretary of State as the Secretary of State may require in order to perform the functions described or referred to in paragraphs (1), (3) and (4).
8
In this regulation “infrastructure for spatial information” means metadata, spatial data sets and spatial data services; network services and technologies; agreements on sharing, access and use; and coordination and monitoring mechanisms, processes and procedures, established, operated or made available in accordance with the Directive.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
1st December 2009


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 2009 and shall come into force on 13th July 2009.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
2
In regulation 2(1) (interpretation) for the definition of “appropriate office” substitute —
“appropriate office” means an office of the Department for Work and Pensions and, where any provision in these Regulations relates to a claim, notice or other information, evidence or document being received by or sent, delivered or otherwise furnished in writing to an appropriate office, includes a postal address specified by the Secretary of State for that purpose.
.
3
In regulation 3 (claims not required for entitlement to benefit in certain cases) after paragraph (cb)(ii) add —
or
iii
the spouse or civil partner of the beneficiary dies having been entitled to a Category A retirement pension at the date of death;
.
4
In regulation 4 (making a claim for benefit) —
a
in paragraph (6A)(d) for “or incapacity benefit” substitute “, incapacity benefit or an employment and support allowance”;
b
for paragraph (7) substitute —
7
If a claim, other than a claim for income support or jobseeker’s allowance, is defective at the date it is received in an appropriate office or office specified in paragraph (6B) where that paragraph applies —
a
the Secretary of State shall advise the claimant of the defect; and
b
if a properly completed claim is received within one month, or such longer period as the Secretary of State may consider reasonable, from the date on which the claimant is advised of the defect, the Secretary of State shall treat the claim as properly made in the first instance.
7ZA
If a claim, other than a claim for income support or jobseeker’s allowance, has been made in writing but not on the form approved for the time being —
a
the Secretary of State may supply the claimant with the approved form; and
b
if the form is received properly completed within one month, or such longer period as the Secretary of State may consider reasonable, from the date on which the claimant is supplied with the approved form, the Secretary of State shall treat the claim as properly made in the first instance.
;
c
in paragraph (10) after “state pension credit or” insert “, subject to regulation 6(1G),”;
d
in paragraph (11A) for “which the Secretary of State accepts for the purposes of making a telephone claim” substitute “for which the Secretary of State accepts telephone claims, or in any other case where the Secretary of State is willing to do so”;
e
for paragraph (12) substitute —
12
A claim made by telephone in accordance with paragraph (11) or (11A) is properly completed if the Secretary of State is provided with all the information required to determine the claim and the claim is defective if not so completed.
;
f
for paragraph (13) substitute —
13
Where a claim made by telephone is defective —
a
in the case of a claim other than a claim for income support or jobseeker’s allowance, paragraph (7) applies;
b
in the case of a claim for income support, paragraph (7A) applies; and
c
in the case of a claim for jobseeker’s allowance, paragraph (7B) applies,
except that references to a defective claim being received or received in an appropriate office or office specified in paragraph (6B) where that paragraph applies are to be read as references to a defective claim being made by telephone and the reference in paragraph (7)(b) to a properly completed claim being received is to be read as a reference to a claim made by telephone being properly completed.
; and
g
omit paragraph (14).
5
In regulation 5(1) (amendment and withdrawal of claim) for “or 4D(6A)” substitute “, 4D(6A) or 4G(1)”.
6
In regulation 6 (date of claim) —
a
in paragraph (1)(b) for “duly” substitute “properly”;
b
in paragraph (1)(c) for “of that telephone call” substitute “the claim is properly completed”;
c
in paragraph (1)(d) for “4(14) as having been duly” substitute “4(13)(a) as having been properly”;
d
in paragraph (1A) —
i
in sub-paragraphs (a) and (b) after “an appropriate office” insert “or a claim made by telephone is properly completed”; and
ii
in sub-paragraph (b) after “the date on which that notification is” insert “made or is”;
e
for paragraph (1F) substitute —
1F
In the case of a claim for an employment and support allowance, the date on which the claim is made or treated as made shall be the first date on which —
a
a claim made by telephone is properly completed, or a properly completed claim is received in an appropriate office, or office mentioned in regulation 4H(3);
b
a defective claim is received or made but is treated as properly made in the first instance in accordance with regulation 4G(5) in the case of a telephone claim, or 4H(7) in the case of a written claim; or
c
the Secretary of State is notified of an intention to claim and within one month or such longer period as the Secretary of State considers reasonable of first notification, a claim made by telephone is properly completed, or a properly completed claim is received in an appropriate office, or office mentioned in regulation 4H(3),
or the first day in respect of which the claim is made, if later.
;
f
after paragraph (1F) insert —
1G
In paragraph (1F) “properly completed” has the meaning assigned by regulation 4(8) in the case of a written claim and 4(12) in the case of a telephone claim.
;
g
in paragraph (4ZC) in sub-paragraphs (a) and (b) after “an appropriate office” insert “or a claim made by telephone is properly completed”;
h
in paragraph (4A)(b) in paragraphs (i) and (ii) after “an appropriate office insert “or a claim made by telephone is properly completed”;
i
in paragraph (4AA) after “shall be provided” insert “or made”; and
j
in paragraph (4AB) after “the time for providing” insert “or making”.
7
In regulation 32B after paragraph (3)(e) insert “(ee) employment and support allowance;”.
8
In Schedule 9 (deductions from benefit and direct payment to third parties), in paragraph 4A(1) —
a
in sub-paragraph (a) for “he” substitute “the beneficiary”;
b
for sub-paragraph (b) substitute —
b
either the beneficiary or the beneficiary’s partner —
i
is resident in a hostel and has claimed housing benefit in the form of a rent rebate or rent allowance; or
ii
is resident in approved premises under section 13 of the Offender Management Act 2007; and
;
c
omit sub-paragraph (c); and
d
in sub-paragraph (d) for “that hostel” substitute “the hostel or approved premises, as the case may be,”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
3
1
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended as follows.
2
In regulation 3 (revision of decisions) —
a
omit paragraph (5D);
b
in paragraph (7ZA) —
i
in sub-paragraph (a) after “income support,” insert “income-based jobseeker’s allowance,”;
ii
in sub-paragraph (b) after “the Income Support Regulations” insert “, regulation 2 of the Jobseeker’s Allowance Regulations”;
iii
in sub-paragraph (c)(i) after “the Income Support Regulations” insert “, regulation 83(e) or 86A(c) of the Jobseeker’s Allowance Regulations”; and
iv
in sub-paragraph (d)(ii) after “the Income Support Regulations” insert “, paragraph 15(4)(a) or 20I(3)(a) of Schedule 1 to the Jobseeker’s Allowance Regulations”; and
c
after paragraph (7C) insert —
7CC
Where —
a
a person’s entitlement to income support is terminated because of a determination that the person is not incapable of work;
b
the person subsequently claims and is awarded jobseeker’s allowance; and
c
the decision which embodies the determination that the person is not incapable of work is revised or successfully appealed,
the Secretary of State may revise the decisions to terminate income support entitlement and to award jobseeker’s allowance.
.
3
In regulation 7(2)(c)(ii) (date from which a decision superseded under section 10 takes effect) after “incapacity determination”, both times it appears, insert “or an employment and support allowance decision where there has been a limited capability for work determination”.
Signed by authority of the Secretary of State for Work and Pensions
Jonathan Shaw
Parliamentary Under-Secretary of State,
Department for Work and Pensions
15th June 2009


text:
Citation and Commencement
1
This Order may be cited as the Patents (Convention Countries) (Amendment) Order 2009 and shall come into force on 12th November 2009.
Amendment
2
1
The list of countries set out in the Schedule to the Patents (Convention Countries) Order 2007 is amended as follows.
2
Insert “Cape Verde” into the list of countries in proper alphabetical order.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2009 and shall come into force on 13th February 2009.
Appointed day
2
The day appointed for the purposes of section 2(2)(b) of the Northern Ireland Arms Decommissioning Act 1997 is 9th February 2010; being not more than twelve months after the day on which this Order is made or later than 27th February 2010.
Revocation
3
The Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2008 is revoked.
Paul Goggins
Minister of State
Northern Ireland Office
12th February 2009


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009 and shall come into force on 6th April 2009.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Town and Country Planning Act 1990;
“appellant” means a person giving notice of appeal to the Secretary of State;
“document” includes a photograph, map or plan;
“dwellinghouse” does not include a building containing one or more flats, or a flat contained within such a building;
“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000 ;
“householder appeal” means an appeal under section 78(1) of the Act in relation to a householder application, except an appeal against the grant of any planning permission, consent, agreement or approval which is granted subject to conditions;
“householder application” means —
an application for planning permission for development of an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse, or
an application for any consent, agreement or approval required by or under a planning permission, development order or local development order in relation to such development,
but does not include —
an application for change of use,
an application to change the number of dwellings in a building;
“local planning authority” means the body who were responsible for dealing with the application occasioning the appeal;
“notice of appeal” means a notice of appeal under section 78 of the Act;
“questionnaire” means a document in the form supplied by the Secretary of State to local planning authorities for the purpose of proceedings under these Regulations, and for this purpose a form is taken to be supplied where the Secretary of State has published it on a website and has notified the local planning authority of —
publication of the form on the website,
the address of the website, and
the place on the website where the form may be accessed, and how it may be accessed;
“starting date” means the date of the notice under regulation 4 or 11, as the case may be;
“working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday; and
“written representations” includes supporting documents.
2
In these Regulations, and in relation to the use of electronic communications for any purpose of these Regulations which is capable of being effected electronically —
a
the expression “address” includes any number or address used for the purposes of such communications, except that where these Regulations impose an obligation on any person to provide a name and address to any other person, the obligation shall not be fulfilled unless the person on whom it is imposed provides a postal address;
b
references to notices, representations or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.
3
Paragraphs (4) to (7) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any statement, notice or other document to any other person (“the recipient”).
4
The requirement shall be taken to be fulfilled where the notice or other document transmitted by means of the electronic communication is —
a
capable of being accessed by the recipient,
b
legible in all material respects, and
c
sufficiently permanent to be used for subsequent reference.
5
In paragraph (4), “legible in all material respects” means that the information contained in the notice or other document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.
6
Where the electronic communication is received by the recipient outside the recipient’s business hours, it shall be taken to have been received on the next working day.
7
A requirement in these Regulations that any document should be in writing is fulfilled where that document meets the criteria in paragraph (4), and “written” and cognate expressions are to be construed accordingly.
Application
3
1
These Regulations apply in relation to England only.
2
Part 1 of these Regulations only applies where —
a
a householder appeal is made in relation to an application which was made on or after 6th April 2009; and
b
the Secretary of State has determined under section 319A (determination of procedure of certain proceedings) of the Act that it is a matter which is to be determined on the basis of representations in writing.
3
Part 2 of these Regulations only applies where —
a
an appeal which is not a householder appeal is made under section 78 of the Act in relation to an application which was made on or after 6th April 2009; and
b
the Secretary of State has determined under section 319A of the Act that it is a matter which is to be determined on the basis of representations in writing.
4
Where the Secretary of State varies a determination under section 319A(4) so that an appeal proceeding at a local inquiry or at a hearing is to continue on the basis of representations in writing, in accordance with Part 1 or Part 2 of these Regulations, as the case may be, these Regulations apply in relation to the proceedings to such extent as the Secretary of State may specify having regard to any steps already taken in relation to those proceedings.
5
Where the Secretary of State varies a determination under section 319A(4) so that an appeal proceeding on the basis of representations in writing is to continue at a local inquiry or at a hearing, these Regulations shall cease to apply.
PART 1 Procedure for Householder Appeals
Notification of receipt of appeal
4
The Secretary of State shall, as soon as practicable after a determination has been made under section 319A of the Act, advise the appellant and the local planning authority in writing —
a
of the reference number allocated to the appeal;
b
that the appeal will follow the procedures set out in Part 1 of these Regulations; and
c
of the address to which written communications to the Secretary of State about the appeal are to be sent.
Questionnaire
5
The local planning authority shall, within 5 working days of the starting date, send to the Secretary of State and copy to the appellant —
a
a completed questionnaire; and
b
a copy of each of the documents referred to in it.
Notice to interested persons
6
1
The local planning authority shall give written notice of the appeal within 5 working days of the starting date to —
a
any person notified or consulted in accordance with the Act or a development order about the application which has given rise to the appeal; and
b
any other person who made representations to the local planning authority about that application.
2
A notice under paragraph (1) shall —
a
state the name of the appellant and the address of the site to which the appeal relates;
b
describe the application;
c
state the starting date;
d
set out the matters notified to the appellant and the local planning authority under regulation 4(a) and (b); and
e
state that any representations made to the local planning authority in relation to the application, before it was determined, will be sent to the Secretary of State and the appellant by the local planning authority and will be considered by the Secretary of State when determining the appeal unless they are withdrawn in writing within 4 weeks of the starting date.
Representations
7
1
The notice of appeal and the documents accompanying it shall comprise the appellant’s representations in relation to the appeal.
2
The completed questionnaire and documents sent with it shall comprise the local planning authority’s representations in relation to the appeal.
3
The Secretary of State shall, as soon as practicable after receipt, send a copy of the representations made by the local planning authority to the appellant and shall send a copy of the representations made by the appellant to the local planning authority.
Further information
8
1
The Secretary of State may in writing require the appellant, local planning authority and other interested persons, to provide such further information relevant to the appeal as may be specified.
2
Such information must be provided in writing within such period as the Secretary of State may specify.
3
The Secretary of State may disregard any further information unless that information has been requested pursuant to paragraph (1).
Transfer of appeal from Part 1
9
1
At any time before an appeal is determined, the Secretary of State may determine that the procedures set out in this Part are no longer suitable for that appeal.
2
Where such a determination is made the Secretary of State shall notify the appellant and the local planning authority in writing that —
a
the appeal is to be transferred from the procedures set out in Part 1 of these Regulations; and
b
the appeal will proceed in accordance with Part 2 of these Regulations to such extent as the Secretary of State may specify having regard to any steps already taken in relation to those proceedings.
Decision on householder appeal under Part 1
10
1
The Secretary of State may, after giving the appellant and the local planning authority written notice of the intention to do so, proceed to a decision on an appeal taking into account only those representations which have been sent within the relevant time limits, where it appears that there is sufficient material to enable a decision to be reached.
2
In paragraph (1) “relevant time limits” means the time limits prescribed by these Regulations, or where the Secretary of State has exercised the power under regulation 17, any later time limit.
PART 2 Procedures for other appeals
Notification of receipt of appeal
11
The Secretary of State shall, as soon as practicable after a determination has been made under section 319A of the Act, advise the appellant and the local planning authority in writing —
a
of the reference number allocated to the appeal;
b
that the appeal will follow the procedures set out in Part 2 of these Regulations; and
c
of the address to which written communications to the Secretary of State about the appeal are to be sent.
Questionnaire
12
The local planning authority shall, within 2 weeks of the starting date, send to the Secretary of State and copy to the appellant —
a
a completed questionnaire; and
b
a copy of each of the documents referred to in it.
Notice to interested persons
13
1
The local planning authority shall give written notice of the appeal within 2 weeks of the starting date to —
a
any person notified or consulted in accordance with the Act or a development order about the application which has given rise to the appeal; and
b
any other person who made representations to the local planning authority about that application.
2
A notice under paragraph (1) shall —
a
state the name of the appellant and the address of the site to which the appeal relates;
b
describe the application;
c
state the starting date;
d
set out the matters notified to the appellant and the local planning authority under regulation 11;
e
state that any representations made to the local planning authority in relation to the application, before it was determined, will be sent to the Secretary of State and the appellant by the local planning authority and will be considered by the Secretary of State when determining the appeal unless they are withdrawn, in writing, within 6 weeks of the starting date; and
f
state that further written representations may be sent to the Secretary of State within 6 weeks of the starting date.
Representations
14
1
The notice of appeal and the documents accompanying it shall comprise the appellant’s representations in relation to the appeal.
2
The local planning authority may elect to treat the questionnaire and the documents sent with it as their representations in relation to the appeal; and, where this is done, they shall notify the Secretary of State and the appellant accordingly when sending the questionnaire or sending the copy in accordance with regulation 12.
3
Where the local planning authority do not elect as described in paragraph (2), they shall send 2 copies of their written representations to the Secretary of State within 6 weeks of the starting date.
4
If the appellant wishes to make any further representations to those referred to in paragraph (1), the appellant shall send 2 copies of those further representations to the Secretary of State within 6 weeks of the starting date.
5
The Secretary of State shall, as soon as practicable after receipt, send a copy of any representations made by the local planning authority to the appellant and shall send a copy of any representations made by the appellant to the local planning authority.
6
The appellant and the local planning authority shall send 2 copies of any comments they have on each other’s representations to the Secretary of State within 9 weeks of the starting date; and the Secretary of State shall, as soon as practicable after receipt, send a copy of those further comments to the other party.
7
The Secretary of State may disregard further information from the appellant and the local planning authority which was not sent within 9 weeks of the starting date unless that further information has been requested by the Secretary of State.
8
Where a party to which this regulation applies elects to use electronic communications for submitting, sending, copying or sending a copy of any representations, questionnaire or other documents, references to “2 copies of” in paragraphs (3), (4) and (6) shall be omitted.
Third party representations
15
1
If a person notified under regulation 13(1) wishes to send representations to the Secretary of State, they shall do so, in writing, within 6 weeks of the starting date.
2
The Secretary of State shall —
a
send to the appellant and the local planning authority, as soon as practicable after receipt, a copy each of all of such representations; and
b
specify a period of not less than 2 weeks within which any comments on these representations must be sent to the Secretary of State.
Decision on appeal
16
1
The Secretary of State may proceed to a decision on an appeal taking into account only such written representations as have been sent within the relevant time limits.
2
The Secretary of State may, after giving the appellant and the local planning authority written notice of the intention to do so, proceed to a decision on an appeal even though no written representations have been made within the relevant time limits by the local planning authority or any other third parties, if it appears that there is sufficient material to enable a decision on the merits of the case to be reached.
3
In this regulation “relevant time limits” means the time limits prescribed by these Regulations, or where the Secretary of State has exercised the power under regulation 17, any later time limit.
PART 3 Miscellaneous
Allowing further time
17
The Secretary of State may in a particular case give directions setting later time limits than those prescribed by these Regulations.
Mayor of London
18
1
In this regulation “the Mayor” means the Mayor of London.
2
Where an appeal arises from an application in respect of which the Mayor has directed the local planning authority to refuse the application and where the Secretary of State has determined under section 319A of the Act that it is a matter which is to be determined on the basis of representations in writing these Regulations shall apply subject to the following modifications —
a
in regulations 4 and 11, after “advise the appellant” insert “, the Mayor”;
b
in regulations 5 and 12, after “and copy to the appellant” insert “and the Mayor”;
c
in regulation 8, after “local planning authority” insert “, the Mayor”;
d
in regulation 9(2), after “the appellant” insert “, the Mayor”;
e
in regulations 10(1), after “the appellant” insert “, the Mayor”;
f
in regulation 14 —
i
for “2 copies” substitute “3 copies” where ever it occurs;
ii
in paragraph (2), after “Secretary of State” insert “, the Mayor”;
iii
after paragraph (4) insert —
4A
If the Mayor wishes to make any representations in relation to the appeal, the Mayor shall submit 3 copies of those representations to the Secretary of State within 6 weeks of the starting date.
iv
in paragraph (5), after the first reference to “the appellant”, insert “and the Mayor” and after the second reference to “the local planning authority”, insert “and the Mayor, and shall send a copy of any representations made to him by the Mayor to the appellant and to the local planning authority”;
v
in paragraph (6), after “the appellant” insert “, the Mayor” and for “other party” substitute “other parties”;
vi
in paragraph (7), after “the appellant” insert “, the Mayor”;
vii
in paragraph (8), after “(4)” insert “(4A)”.
g
in regulation 15, in paragraph (2)(a), after “the appellant” insert “, the Mayor”;
h
in regulation 16, in paragraph (2), after “the appellant” insert “, the Mayor”.
Withdrawal of consent to use of electronic communications
19
Where a person is no longer willing to accept the use of electronic communications for any purpose of these Regulations which is capable of being effected electronically, the person shall give notice in writing —
a
withdrawing any address notified to the Secretary of State or to a local planning authority for that purpose, or
b
revoking any agreement entered into with the Secretary of State or with a local planning authority for that purpose,
and such withdrawal or revocation shall be final and shall take effect on a date specified by the person in the notice but not less than 1 week after the date on which the notice is given.
Revocation transitional and saving provision
20
1
Subject to paragraphs (2), the Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2000 (“the 2000 Regulations ”) are revoked.
2
Subject to paragraph (3), where an appeal in relation to an application made before the 6th April 2009 is to be considered on the basis of representations in writing, the appeal shall be continued under the 2000 Regulations.
3
Where a decision of the Secretary of State on an appeal to which the 2000 Regulations applied is subsequently quashed in proceedings before any court, the decision shall be redetermined in accordance with Part 2 of these Regulations.
Signed by authority of the Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
4th March 2009


text:
Citation and commencement
1
This Order may be cited as the Counter-Terrorism Act 2008 (Designation of a Gas Transporter) Order 2009 and shall come into force on 3 September 2009.
Designation of a Gas Transporter
2
National Grid Gas plc (company registered number 2006000) is designated as a designated gas transporter for the purposes of sections 85 to 90 of the Counter-Terrorism Act 2008 for so long as it holds a licence under section 7 of the Gas Act 1986 .
Joan Ruddock
Minister of State,
Department of Energy and Climate Change
5 August 2009


text:
Citation and commencement
1
These Regulations may be cited as the Motor Cars (Driving Instruction) (Amendment) Regulations 2009 and shall come into force on 24th April 2009.
Amendment of Regulations
2
1
The Motor Cars (Driving Instruction) Regulations 2005 are amended as follows.
2
In the Table in regulation 17 (fees), in column (3) —
a
in item 1, for “£80” substitute “£90”;
b
in items 2 and 3, for “£99” substitute “£111”; and
c
in item 5, for “£125” substitute “£140”.
Transitional provision
3
1
For the purpose of the grant of a relevant licence under section 129(2) of the Road Traffic Act 1988, £125 shall be treated as being the prescribed fee.
2
In this regulation “relevant licence” means a licence granted under section 129 of the said Act of 1988 on or after the date these Regulations come into force and for which the applicant applied before that date.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State,
Department for Transport
1st April 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement Order No. 23) Order 2009.
2
In this Order “the 2003 Act ” means the Criminal Justice Act 2003.
Commencement
2
Section 29(1) to (3), (5) and (6) (new method of instituting proceedings) and section 30 (further provision about the new method) of the 2003 Act come into force on 1 November 2009 for the purposes specified in article 3.
3
The coming into force of those provisions specified in article 2 shall have effect only for the purposes of —
a
criminal proceedings instituted by a public prosecutor within the meaning of section 29(5)(a) of the 2003 Act (a police force or a person authorised by a police force to institute proceedings), in a magistrates’ court sitting in one of the following locations:
i
Brent Magistrates’ Court;
ii
Feltham Magistrates’ Court;
iii
Havering Magistrates’ Court; and
iv
South Western Magistrates’ Court;
b
criminal proceedings instituted by a public prosecutor within the meaning of section 29(5)(e) of the 2003 Act (a Secretary of State or a person authorised by a Secretary of State to institute criminal proceedings) who is authorised for the purposes of section 49 of the Vehicle Excise and Registration Act 1994 (authorised persons) anywhere in England and Wales; and
c
criminal proceedings instituted by a public prosecutor within the meaning of section 29(5)(e) of the 2003 Act (a Secretary of State or a person authorised by a Secretary of State to institute criminal proceedings) where they are instituted by the Secretary of State for Work and Pensions or the Secretary of State for Health anywhere in England and Wales.
Signed by the authority of the Secretary of State
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
26th October 2009


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Individual Savings Account (Amendment No. 2) Regulations 2009 and shall come into force on 11th August 2009.
2
Regulation 5 has effect from 8th October 2008.
Amendments to the Individual Savings Account Regulations 1998
2
The Individual Savings Account Regulations 1998 are amended as follows.
3
In regulation 2(1) (interpretation) —
a
in sub-paragraph (a) —
i
in the definition of “company” , for paragraph (ii) substitute —
ii
a UK UCITS , recognised UCITS or non-UCITS retail scheme,
ii
in the definition of “ EEA Agreement” at the end add “, as modified or supplemented from time to time”;
b
in sub-paragraph (b) —
i
omit the definitions of a “Chapter 5 UCITS” and “UCITS” (with its associated expressions);
ii
in the definition of “non-UCITS retail scheme” for “Sections 5.1, 5.4 and 5.6 of that Sourcebook” substitute “COLL 5.1, 5.4 and 5.6”;
iii
for the definition of a “relevant UCITS” substitute —
“recognised UCITS” means —
a collective investment scheme constituted in an EEA State, which is a “recognised scheme” under section 264 of FISMA 2000 , and complies with the requirements to be a “UCITS scheme” for the purposes of the Collective Investment Schemes Sourcebook (see in particular COLL 1.2.2); or
a part of a recognised UCITS mentioned in paragraph (a) of this definition, which would be a sub-fund of an umbrella scheme which is a recognised UCITS;
;
iv
in the definition of “units in, or shares of, a UCITS” , before “UCITS” (in both places it appears), insert “UK UCITS or recognised”;
v
add at the appropriate places —
“collective investment scheme” has the meaning in section 235 of FISMA 2000;
“FISMA 2000” means the Financial Services and Markets Act 2000 ;
“UK UCITS” means —
a collective investment scheme authorised under section 31(1)(a) of FISMA 2000, which complies with the requirements to be a “UCITS scheme” for the purposes of the Collective Investment Schemes Sourcebook (see in particular COLL 1.2.2); or
a part of a UK UCITS mentioned in paragraph (a) of this definition which would be a sub-fund of an umbrella scheme which is a UK UCITS;
.
4
In regulation 4 (general conditions for accounts) add at the end —
8
Where an account holds units in or shares of a UK UCITS, recognised UCITS or non-UCITS retail scheme, and dealings in the units or shares are suspended in accordance with Rule 7.2 of the Collective Investment Schemes Sourcebook (COLL 7.2), or any direct foreign equivalent of that Rule, the business period in paragraph (7) may be extended to 7 days after the end of such suspension.
5
For regulation 5A substitute —
Treatment of sums held in accounts managed by Icesave Bank
5A
1
This regulation applies if —
a
at 8th October 2008, an account investor had an investment in an account (“the Icesave account”) for which the account manager was Landsbanki Islands hf (trading as Icesave);
b
compensation is paid in respect of that investment by (or through) the Financial Services Compensation Scheme ; and
c
the account investor receives from the Financial Services Compensation Scheme a certificate containing the following information —
i
the account investor’s full name;
ii
his or her permanent address, including postcode;
iii
his or her date of birth;
iv
his or her national insurance number (if any);
v
the Icesave account number;
vi
the date on which the account was suspended;
vii
the amount in the account (capital and interest) at the date of suspension;
viii
the date of the first subscription (if any) to the account in the year 2008-09; and
ix
the aggregate of the subscriptions made to the account in the year 2008-09 on or before 8th October 2008 (“current year subscriptions”).
2
Where this regulation applies, the account investor may, not later than 5 th October 2009, make a single subscription to an account held by him or her with another account manager (“the receiving account”), giving the certificate to the account manager, in accordance with the following paragraphs.
3
Where the subscription to the receiving account is made during the year 2008-09, the amount subscribed under this regulation may not exceed:
X minus Y
where X is the closing balance in the Icesave account (see paragraph (1)(c)(vii)), and
Y is the amount (if any) by which the aggregate of —
a
the current year subscriptions (if any) made to the Icesave account (see paragraph (1)(c)(ix)), and
b
the subscriptions (if any) made to the receiving account by the account investor in the year 2008-09 (ignoring the subscription made under this regulation),
would otherwise exceed the subscription limit for the year 2008-09 in regulation 4(3).
Paragraphs (4) to (6) shall also apply to a subscription made under this regulation during the year 2008-09.
4
The subscription made under this regulation shall only count towards the subscription limit in regulation 4(3) to the extent that the current year subscriptions (if any) made to the Icesave account exceed Y (or where there is no amount for Y, exceed nil).
5
Where the receiving account is a stocks and shares account —
a
the references in paragraphs (3) and (4) to the subscription limit in regulation 4(3) shall be read as references to the subscription limit in regulation 4(2); and
b
the current year subscriptions (if any) made to the Icesave account shall be treated, for all purposes including regulation 31(3)(c), as if they had been made to the stocks and shares account, and accordingly shall not count towards the cash subscription limit in regulation 4(3).
6
The account manager for the receiving account must —
a
in the case of a subscription made under this regulation to the account in the year 2008-09, treat the subscription in the same way as an account transferred from another account manager to him during the year 2008-09; and
b
retain either the certificate mentioned in paragraph (2), or a copy of it.
7
Where the subscription to the receiving account is made during the year 2009-10 (but not later than 5th October 2009), the amount subscribed under this regulation —
a
may not exceed X (see paragraph (3)), and
b
shall not count towards the subscription limits in regulation 4(2) or (3),
and paragraph (6) (omitting sub-paragraph (a)) shall also apply to that subscription.
6
In regulation 7(2)(f) (qualifying investments for a stocks and shares component) for “relevant UCITS or Chapter 5 UCITS” substitute “UK UCITS or recognised UCITS”.
7
For regulation 12(7) substitute —
7
Where the application is not in writing or the manager operates a record system under which all original written applications are not retained, the account manager shall make the written declaration referred to in paragraph (3)(g)(iv) and notify the applicant of its contents.
7A
Any such declaration shall take effect from the date on which it was made (subject to any corrections notified by the applicant to the manager within 30 days), and if he does not disagree with the contents within 30 days, he shall be treated as having agreed them.
8
In regulation 21 —
a
in paragraph (5) omit “and the declaration” to the end; and
b
omit paragraph (7).
9
In regulation 31(4)(a) —
a
in paragraph (i) for “UCITS” substitute “UK UCITS, recognised UCITS or non-UCITS retail scheme”; and
b
in paragraph (v) for “relevant UCITS” substitute “recognised UCITS, or non-UCITS retail scheme (constituted outside the United Kingdom)”.
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
20th July 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Planning (Listed Buildings and Conservation Areas) (Amendment No.2) (England) Regulations 2009 and shall come into force on 2nd November 2009.
2
These Regulations apply in relation to England only.
Amendment of the Planning (Listed Buildings and Conservation Areas) Regulations 1990
2
For Schedule 4 to the Planning (Listed Buildings and Conservation Areas) Regulations 1990 substitute-
SCHEDULE 4
Regulation 14
.
Revocation
3
The Planning (Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2005 are revoked.
Margaret Hodge
Minister of State
Department for Culture, Media and Sport
6th October 2009


text:
PART 1 PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Armed Forces (Custody Without Charge) Regulations 2009 and shall come into force on 31st October 2009.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Armed Forces Act 2006;
“arresting officer” means —
a person who arrests a person under section 67;
a service policeman who arrests a person under section 69(1); or
the person who is responsible for receiving a person transferred into service custody under section 313(4), 315(4)(a) 316(3)(a)(i) or (b) or 317(4);
“assisting officer” has the meaning given in regulation 7 ;
“authorising officer” means the commanding officer or a person exercising functions delegated under regulation 3 ;
“civilian policeman” means a member of a UK or British overseas territory police force;
“custody” means service custody and is to be construed in accordance with sections 98 to 102;
“the relevant time” means —
in relation to a person arrested under section 67 or section 69(1) or arrested by a civilian policeman and subsequently transferred into custody under sections 313(4), 316(3) or 317(4), the time of the arrest; or
in relation to a person delivered into custody following surrender under section 315, the time of the surrender;
“service court” means the Court Martial, the Service Civilian Court or the Court Martial Appeal Court; and
“unit” means —
a naval ship or establishment;
any body of members of Her Majesty’s forces formed under the command of a person appointed to be the commanding officer of the body; or
an air force station.
2
Any reference in these Regulations to a numbered section is to that section of the Act unless otherwise stated.
PART 2 DELEGATION
Delegation of the commanding officer’s functions
3
1
A commanding officer may delegate to —
a
an officer who is under his command and who is not below the rank of naval lieutenant, military or marine captain or flight lieutenant,
b
a service policeman of no lower rank than naval lieutenant, military or marine captain or flight lieutenant, or
c
if a person at paragraph (1)(a) or (b) is not reasonably available, a service policeman,
any or all of his functions under sections 98 to 102.
2
A delegation under paragraph (1) shall not be made to a person who is the arresting officer.
3
Subject to paragraph (1), a commanding officer may, at any time, vary or revoke a delegation made under this regulation.
4
Wherever practicable, any delegation, variation or revocation under this regulation shall be made in writing.
Commanding officer’s restrictions on delegation
4
A commanding officer who exercises his power of delegation under regulation 3 may impose such restrictions on the exercise of the functions so delegated as seem to him proper having regard to the rank or rate and experience of the person to whom the functions have been delegated.
Responsibilities on delegation
5
A person who exercises powers delegated to him in accordance with regulation 3 shall —
a
as soon as practicable, provide a written report to the commanding officer detailing how those powers have been exercised; and
b
ensure that his name and rank or rate are noted on all the material made with regard to custody without charge.
PART 3 INFORMATION
Information to be provided to a person in custody
6
1
Where it is intended to retain a person in custody, the authorising officer shall, as soon as practicable, provide to that person the information, in writing, specified in paragraph (2).
2
The information to be provided is —
a
the name, rank or rate of the authorising officer;
b
if he was arrested–
i
the reason for that arrest; and
ii
the date and location of the arrest;
c
the relevant time;
d
that he is to be retained in custody;
e
the grounds (under section 99(4)(a)) for his retention in custody;
f
the period of custody authorised;
g
that he may make representations, orally or in writing, to the authorising officer —
i
requesting his release and giving his reasons why he should be released from custody; or
ii
making any other representations regarding his confinement in custody; and
h
that, subject to regulation 7 , he may nominate an assisting officer in preparing and making any representation under paragraph (g) .
3
At the same time as providing the information specified in paragraph (2) the authorising officer shall provide to the person in custody a copy of any document required by the Defence Council to be given to a person in custody.
4
The person in custody is to be invited to sign to acknowledge receipt of the information and documents specified in paragraphs (2) and (3) and any refusal to sign is to be recorded.
PART 4 REPRESENTATIONS
Assisting officer
7
1
A person may only be nominated as an assisting officer if he —
a
is subject to service law;
b
is of at least the rank or rate of petty officer, military or marine sergeant, or air force sergeant; and
c
he consents to be nominated.
2
A person may only continue to act as an assisting officer while subject to service law.
3
Subject to paragraphs (1) and (2), if a person ceases to act as an assisting officer the person in custody may nominate another assisting officer.
4
The commanding officer shall —
a
ensure that at least two people under his command are available to be nominated by the person in custody; and
b
inform the person in custody of the names of those people.
Opportunity to make representations
8
1
The person in custody shall be afforded the means and opportunity to make representations under regulation 6(2 )(g).
2
Where a representation is made orally, the authorising officer must cause a written record of the representation to be made.
3
Where practicable, that written record must be read and signed by the person in custody.
Action on receipt of a representation
9
1
Where an authorising officer, who is not the commanding officer, receives a representation made under regulation 6(2)(g) , he shall consider the representation and —
a
if he considers it appropriate to do so, uphold the representation and cause to be made any redress requested in the representation; or
b
if he does not consider it appropriate to uphold the representation or it is not within his functions to grant the redress, he shall, as soon as practicable, forward the representation to the commanding officer.
2
A commanding officer in receipt of a representation shall communicate his decision on the representation as soon as practicable to the person making it.
PART 5 RECORD
Custody record
10
1
A record (“the custody record”) must be made when a person is placed in custody without charge.
2
The custody record must include —
a
the name, rank or rate of the person making a report under section 69(3)(a) (report to the commanding officer of arrest under section 69) and the date and time of the report;
b
a record of any delegation made under regulation 3(1) ;
c
a record of any revocation or variation of such delegation;
d
a record of any restriction imposed under regulation 4 ;
e
a copy of any written report made in accordance with regulation 5(a) ;
f
the information specified in regulation 6(2) and confirmation that the documents specified under regulation 6(3) have been provided;
g
a copy of any receipt signed by the person in custody for the information and documents specified in regulation 6 or a record of any refusal to sign such a receipt;
h
the name, rank or rate of any assisting officer;
i
a copy of any representation made by the person in custody;
j
a record of any action taken in accordance with regulation 9 ;
k
a record of any comment the person in custody makes in relation to the details of the arrest and alleged offence and any comment made in respect of the decision to place him in custody; and
l
any other record or certificate resulting from decisions made with regard to custody without charge including but not limited to the authorisation of custody without charge, any order for the release of the person, any authorisation and review of continued custody and any application to a judge advocate for extended custody.
3
The authorising officer shall ensure the accuracy and completeness of the custody record and, where a paper copy of the custody record has been produced, sign and date that record.
4
A copy of the custody record shall be supplied to the person in custody on his release or appearance before a judge advocate or service court.
5
The authorising officer shall ensure that the custody record is retained within the unit of the person in custody or by a service police force for at least six years from —
a
in the case where a person is charged, the date of that charge; or
b
in any other case, the date that he is released from custody.
6
In this regulation “charge” means a charge brought in relation to the reason for which the person was arrested.
PART 6 TRANSITIONAL PROVISIONS
Transitional
11
The Schedule shall have effect.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
28th April 2009


text:
Citation
1
This Order may be cited as the Finance Act 2008, Section 119 (Appointed Day) Order 2009.
Appointed day
2
The day appointed for the purposes of section 119 of the Finance Act 2008 (correction and amendment of tax returns for purposes of income tax and corporation tax) is 1st April 2010.
Bob Blizzard
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
26th February 2009