text:
Citation and commencement
1
This Order may be cited as the Amendment to Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 Order 2010 and comes into force on 14th February 2010.
Addition to the list of tribunals in Schedule 6
2
In Part 4 of Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 (tribunals for the purposes of section 30), insert the following entry at the appropriate place —
Asylum and Immigration Tribunal Section 81 of the Nationality, Immigration and Asylum Act 2002
.
By the authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under-Secretary of State,
Ministry of Justice
6th January 2010


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Capital Gains Tax (Annual Exempt Amount) Order 2010.
Exempt amount of capital gains for 2010-11
2
The amount which, by virtue of section 3 of the Taxation of Chargeable Gains Act 1992 is, unless Parliament otherwise determines, the exempt amount for the tax year 2010-11 is £10,100.
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 2010


text:
Title and commencement
1
This Order may be cited as the Bee Diseases and Pests Control (England) (Amendment) Order 2010 and comes into force on 25th October 2010.
Amendments
2
1
The Bee Diseases and Pests Control (England) Order 2006 is amended as follows.
2
For article 11, substitute —
Imported bees
11
1
Where consignments of queen bees mentioned in Article 7(3)(a) of Commission Regulation ( EU ) No 206/2010 arrive at the designated place of final destination from a third country or territory mentioned in Article 7(1) of that Regulation, the consignee must —
a
transfer them to new cages in accordance with Article 13(1) of that Regulation; and
b
send the cages, attendants and other material that accompanied those bees from the third country of origin to a laboratory in accordance with Article 13(2) of that Regulation.
2
Where consignments of bumble bees mentioned in Article 7(3)(b) of Commission Regulation (EU) No 206/2010 are introduced into England from a third country or territory mentioned in Article 7(1) of that Regulation, the owner or person in charge of those bees must destroy the container and material that accompanied them from the third country of origin in accordance with the third paragraph of Article 13(3) of that Regulation.
3
The Secretary of State is the competent authority for the purposes of Article 13(1) and (2) of that Regulation.
4
For the purposes of this article —
a
“Commission Regulation (EU) No 206/2010” means Commission Regulation (EU) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements;
b
“the consignee” means the consignee as indicated on the veterinary certificate accompanying the bees in accordance with Article 7(4)(a) of Commission Regulation (EU) No 206/2010; and
c
“designated place of final destination” has the same meaning in this article as it has in Article 13 of Commission Regulation (EU) No 206/2010.
.
3
In article 12(1), after “notifiable pest”, insert “or notifiable disease”.
Henley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
21st September 2010


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Tyne Port Health Authority Order 2010 and shall come into force on 5th November 2010.
2
This Order applies in relation to England.
3
In this Order —
“ the Act ” means the Public Health (Control of Disease) Act 1984;
“the joint board” means the joint board established under article 3;
“the Port of Blyth”, “the Port of Sunderland” and “the Port of Tyne” mean respectively the ports of those names as appointed for the purposes of the enactments for the time being in force relating to customs or excise; and
“the proper officer”, in relation to any purpose and any body, means the officer appointed for that purpose by that body.
4
The riparian authorities specified for the purposes of this Order are Newcastle-upon-Tyne City Council and the Metropolitan Borough Councils of Gateshead, North Tyneside and South Tyneside.
5
References in this Order to reference points shall be construed as references to National Grid reference points.
The port health district
2
1
For the purposes of the Act, the Port of Tyne together with the parts of the Port of Blyth and the Port of Sunderland and the land and water described in paragraph (2) shall be a port health district.
2
The parts of the Port of Blyth and the Port of Sunderland and the land and water described in this paragraph are —
a
that part of the Port of Blyth which lies to the south of a line drawn due east from the point where the northern boundary of the Metropolitan Borough of North Tyneside meets the coast (reference point NZ345757) to the seaward boundary of the Port of Blyth;
b
that part of the Port of Sunderland which lies to the north of a line drawn due east from the point where the southern boundary of the Metropolitan Borough of South Tyneside meets the coast (reference point NZ408612) to the seaward boundary of the Port of Sunderland;
c
as far as the tide flows, the waters of the River Tyne; and
d
such parts of the districts of the specified riparian authorities as comprise the whole of any wharf and the areas within the gates of any dock and the buildings on either of them.
The port health authority
3
1
The port health authority for the port health district constituted under article 2 shall be a joint board consisting of 12 members of whom three each shall be appointed by the specified riparian authorities from the members of their respective councils.
2
The joint board constituted under paragraph (1) shall be called the Tyne Port Heath Authority.
Appointment of members and meetings of the joint board
4
1
The specified riparian authorities shall appoint members to the joint board at meetings to be held in May each year.
2
The joint board shall meet not less than three times in each year beginning 1st June.
3
If a person appointed to the joint board is unable to attend any meeting of the joint board another member of the council of which that person is a member may attend that meeting instead.
4
Any vacancies occurring amongst members of the joint board shall be filled by the specified riparian authority in whose representation the vacancy occurred at a meeting to be held as soon as possible after such occurrence.
5
Not less than three days before a meeting of a specified riparian authority at which it is proposed to appoint a member of the joint board, the proper officer of that authority shall give notice of the meeting and of the proposed appointment to every member of that authority.
6
The proper officer of a specified riparian authority shall immediately notify in writing to the proper officer of the joint board the name, address and occupation of any person appointed by that officer’s authority to be a member of the joint board.
7
A person appointed to the joint board shall cease to be a member of the board if they cease to be a member of the council of the specified riparian authority by which they were appointed.
Retirement of members
5
1
All members of the joint board shall retire from office and the newly appointed members shall come into office on 1st June each year.
2
A retiring member of a joint board may be re-appointed to the board for a further term of office if at the time of their re-appointment they are otherwise qualified to be appointed.
Chair of the joint board
6
1
The chair of the joint board shall be elected annually by the members of the board from amongst the members.
2
The election of the chair shall be the first business transaction at the annual meeting of the joint board.
3
In the case of equality of votes the person presiding at the annual meeting shall give a casting vote in addition to any other vote they may have.
4
The chair shall, unless they resign or become disqualified, continue in office until their successor becomes entitled to act as chair.
5
During their term of office the chair shall continue to be a member of the joint board.
Jurisdiction
7
The joint board shall have jurisdiction as port health authority over all waters and land within the port health district.
Functions assigned to joint board
8
1
There are assigned to the joint board as port health authority the functions, rights and liabilities of a local authority or a food authority under the enactments specified in the Schedule to this Order, as far as they are applicable to a port health authority and to any land, waters, premises, vessels or persons within its jurisdiction.
2
For the purposes of the functions, rights and liabilities assigned to the joint board by virtue of this Order, the enactments mentioned in the Schedule shall have effect as if —
a
any vessel lying within their jurisdiction were a house, building or premises and
b
the master or other officer or person in charge of the vessel were the occupier.
3
This article shall not apply to any vessel belonging to Her Majesty or to any vessel engaged in the service of Her Majesty, whether belonging to Her Majesty or not, or to any vessel belonging to the armed forces of any country to which the provisions of the Visiting Forces Act 1952 apply by virtue of section 1 of that Act.
Expenses
9
Any expenses incurred by the joint board shall be defrayed out of a common fund to be contributed to by the specified riparian authorities in the following proportions —
North Tyneside Council 33% South Tyneside Council 33% Gateshead Council 13% Newcastle-upon-Tyne City Council 21%
Audit
10
All accounts of the joint board or of any committee of the board shall be audited in accordance with the provisions of Part 2 of the Audit Commission Act 1998 .
Revocation
11
The Tyne Port Health Authority Order 1990 is revoked.
Signed by authority of the Secretary of State for Health.
Jonathan Stopes-Roe
A member of the Senior Civil Service
Department of Health
4th November 2010


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Immigration and Nationality (Cost Recovery Fees) (No.2) Regulations 2010 and shall come into force on 1st October 2010.
2
In these Regulations —
“the 1981 Act ” means the British Nationality Act 1981 ;
“the 1997 Act ” means the British Nationality (Hong Kong) Act 1997 ;
“the 2007 Order ” means the Immigration and Nationality (Fees) Order 2007 ;
“A rated sponsor” means a sponsor to whom the Secretary of State has given an A rating;
“action plan” means an action plan issued to a B rated sponsor and with which a B rated sponsor must comply in order to become an A rated sponsor;
“application for naturalisation” means an application for naturalisation as a:
British citizen under section 6(1) or (2) of the 1981 Act, or
British overseas territories citizen under section 18(1) or (2) of the 1981 Act;
“application for registration” means an application for registration as a:
British citizen under section 1(3) or (4), 3(1), (2) or (5) , 4A , 4B , 4C ,
10(1) or (2) , or 13(1) or (3) of, or paragraph 3 , 4 or 5 of Schedule 2 to, the 1981 Act,
British overseas territories citizen under sections 24 and 13(1), or 15(3) or (4), 17(1), (2) or (5), or 22(1) or (2) of, or paragraph 3, 4, or 5 of Schedule 2 to, the 1981 Act,
British overseas citizen under section 27(1) of, or paragraph 4 or 5 of Schedule 2 to, the 1981 Act, or
British subject under section 32 of or paragraph 4 of Schedule 2 to, that Act;
“assistance” means assistance, accommodation or maintenance provided under —
section 17, 20 or 23 of the Children Act 1989 ,
section 22, 25 or 26 of the Children (Scotland) Act 1995 , or
article 18, 21 or 27 of the Children (Northern Ireland) Order 1995 ;
“B rated sponsor” means a sponsor to whom the Secretary of State has given a B rating;
“certificate of sponsorship” means an authorisation issued by the Secretary of State to a sponsor in respect of one or more applications, or potential applications, for leave to remain or enter the United Kingdom under the immigration rules;
“charity” means an English charity, a Scottish charity or a Northern Ireland charity;
“child” means a person under the age of eighteen;
“claim for asylum” has the same meaning given in section 94(1) of the Immigration and Asylum Act 1999 and a claim for asylum is to be taken to be determined —
on the day on which the Secretary of State notifies the claimant of his decision on the claim,
if the claimant has appealed against the Secretary of State’s decision, on the day on which the appeal is disposed of, or
if the claimant has brought an appeal from within the United Kingdom, against an immigration decision under section 82 of the Nationality, Immigration and Asylum Act 2002, or section 2 of the Special Immigration Appeals Commission Act 1997 , on the day on which the appeal is disposed of;
“Consular premises” means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, ordinarily used for the purposes of any consulate-general, consulate, vice-consulate or consular agency of the United Kingdom;
“Convention travel document” means a travel document issued in accordance with Article 28 of the Refugee Convention (travel documents) or Article 28 of the Stateless Persons Convention (travel documents);
“ Council of Europe Social Charter ” means the Council of Europe Treaty establishing social and economic human rights signed in Turin on 18 th October 1961 ;
“ Council of Europe Revised Social Charter ” means the Council of Europe Treaty signed in Strasbourg on 3 rd May 1996 ;
“dependant” in respect of a person means —
the spouse, civil partner, unmarried or same-sex partner; or
a child
of that person;
“document of identity” means a travel document issued in the United Kingdom to a person who is not a British citizen which enables the holder to make one journey out of the United Kingdom;
“English charity” means a charity as defined in section 1 of the Charities Act 2006 ;
“European Community Association Agreement” means any of the following —
the Agreement establishing an Association between the European Community and Turkey, signed at Ankara on 12th September 1963,
the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, signed at Brussels on 8th March 1993, or
the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Romania, of the other part, signed at Brussels on 1st February 1993;
“Highly Skilled Migrant Programme” means the programme which was operated by the Secretary of State for highly skilled migrants under the immigration rules;
“immigration rules” means rules made under section 3(2) of the Immigration Act 1971 ;
“leave to remain” includes variation of leave to enter, or remain;
“Northern Ireland charity” means a charity within the meaning of section 1 of the Charities Act (Northern Ireland) 2008 ;
“Scottish charity” means a body entered in the Scottish Charity Register;
“small sponsor” means a sponsor that is either —
a company that qualifies as small in accordance with sections 382 and 383 of the Companies Act 2006 ; or
in the case of a person who is not a company for the purposes of those sections, a person who employs no more than 50 employees; or
a charity;
“sponsor” means a sponsor within the meaning of the immigration rules;
“sponsorship licence” means a sponsor licence as identified within the immigration rules;
“the former nationality Acts” has the same meaning as provided in section 50(1) of the 1981 Act;
“Tier 1 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 1” of the immigration rules’ “Points-Based System”;
“Tier 2 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 2” of the immigration rules’ “Points-Based System”;
“Tier 4 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 4” of the immigration rules’ “Points-Based System”;
“Tier 5 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 5” of the immigration rules’ “Points-Based System”;
“Tier 5 (Temporary Worker) migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under the category “Tier 5 (Temporary Worker)” of the immigration rules’ “Points-Based System”;
“unmarried or same-sex partner” of a person means someone who is living with that other person in a relationship akin to marriage which has subsisted for two years or more.
Fees for applications for leave to remain in the United Kingdom
3
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies —
a
where the application is for limited leave to remain in the United Kingdom as a Tier 5 migrant, the fee is £130 for an application made by post; or
b
where the application is made as the dependant of a Tier 5 migrant referred to in sub-paragraph (a) and is made at the same time, the fee is £30 for an application made by post; or
c
where the application is for limited leave to remain in the United Kingdom as a Tier 5 (Temporary Worker) migrant in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter, for an application made by post or courier, the fee is £120; or
d
Where the application is made as the dependant of a Tier 5 (Temporary Worker) migrant referred to in sub-paragraph (c) and is made at the same time, the fee is £30 for an application made by post or courier.
2
This regulation is subject to regulations 6, 7, 8 and 9
4
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies —
a
where the application is for limited leave to remain as a Tier 4 migrant, the fee is £357 for an application made by post; or
b
where the application is made as the dependant of a Tier 4 migrant referred to in sub-paragraph (a) and is made at the same time, the fee is £100 for an application made by post.
2
This regulation is subject to regulations 6, 7, 8, and 9.
Exceptions in respect of leave to remain applications
5
No fee is payable in connection with an application for limited leave to remain in the United Kingdom, which is made on the basis that the applicant is —
a
a person making a claim for asylum which has not been determined or has been granted;
b
a person who has been granted humanitarian protection under the immigration rules;
c
a person who has been granted limited leave to enter or remain in the United Kingdom outside the provisions of the immigration rules on the rejection of their claim for asylum; or
d
a dependant of a person referred to in sub-paragraphs (a), (b) or (c).
6
No fee is payable in respect of an application referred to in regulations 3 and 4 if the application is made in respect of a person who, at the time of making the application, is a child who is being provided with assistance by a local authority (or, in Northern Ireland, an authority, which has the same meaning given in article 2(2) of the Children (Northern Ireland) Order 1995).
7
No fee is payable in respect of an application referred to in regulations 3 and 4 if the application is made in respect of a person seeking variation of leave to enter or remain in the United Kingdom for a period of up to 6 months where the application is made to an immigration officer on arrival at a port of entry in the United Kingdom.
8
No fee is payable in respect of an application referred to in regulations 3 and 4 if it is made under the terms of a European Community Association Agreement.
9
1
Where two or more applications for leave to remain in the United Kingdom are made at the same time, or are being considered by the Secretary of State, in respect of the same person and fees are specified in respect of those applications, a single fee shall be payable.
2
The fee payable shall be the higher, or as the case may be, the highest of the fees specified in respect of those applications, where those fees are different.
Fees for entry clearance
10
1
In the case of an application to which article 3(2)(aa) of the 2007 Order applies —
a
subject to sub-paragraph (b), where the application is for entry clearance as a visitor under the immigration rules for a period of —
i
twelve months or less in the case of an academic visitor, or
ii
six months or less in the case of a visitor other than an academic visitor,
the fee is £70;
b
the fee referred to at sub-paragraph (a) will be reduced to £47 where the Secretary of State decides that the application is one to which the operation of a scheme for such a reduced fee applies;
c
subject to sub-paragraph (d), where the application is for entry clearance as a Tier 1 (General) migrant under the immigration rules and is in respect of a person who has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application, the fee is £332;
d
where the application is for entry clearance as a Tier 1 (General) migrant under the immigration rules and is in respect of a person who —
i
has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application; and
ii
who is a national of a state which has ratified the Council of Europe Social Charter,
the fee is £300;
e
where the application is for entry clearance as the dependant of a Tier 1 (General) migrant who has been granted a valid approval letter under the Highly Skilled Migrant Programme under the immigration rules, the fee is £332;
f
where the application is for entry clearance as a Tier 1 (Post Study Work) migrant under the immigration rules, the fee is £344;
g
where the application is for entry clearance as the dependant of a Tier 1 (Post Study Work) migrant under the immigration rules, the fee is £344;
h
where the application is for entry clearance as a Tier 4 migrant, the fee is £220;
i
where the application is for entry clearance as the dependant of a Tier 4 migrant, the fee is £220;
j
subject to sub-paragraph (k), where the application is for entry clearance as a Tier 5 migrant, the fee is £130;
k
where the application is for entry clearance as a Tier 5 (Temporary Worker) migrant and is in respect of a person who is a national of a state that has ratified the Council of Europe Social Charter, the fee is £120;
l
where the application is for entry clearance as the dependant of a Tier 5 (Temporary Worker) migrant, the fee is £130;
m
where the application is for entry clearance for passing through the United Kingdom, the fee is £47;
n
where the application is for entry clearance as the dependant of a student under paragraphs 76 to 81 of the immigration rules, the fee is £220;.
o
where the application is made for entry clearance as a student visitor under paragraph 56K of the immigration rules, to attend an English language course for a period of more than 6 months and not more than 11 months, the fee is £70.
2
This regulation is subject to regulations 11 and 12.
Exceptions and waivers in respect of fees for entry clearance applications
11
No fee is payable by the applicant in relation to an application referred to in regulation 10 where —
a
it is in connection with the official duty of any official of Her Majesty’s Government;
b
it is for the purpose of family reunion under Part 11 of the immigration rules; or
c
the Secretary of State determines that the fee should be waived.
12
The official determining the application may waive the payment of a fee or reduce the fee required under regulation 10 where —
a
it is made by a candidate for or holder of a scholarship funded by Her Majesty’s Government and is in connection with such scholarship; or
b
where the official so decides as a matter of international courtesy; or
c
where the applicant intends to visit the United Kingdom in connection with one of the Foreign and Commonwealth Office’s Strategic or Bilateral Programmes.
Fees for transfer of conditions
13
1
Subject to paragraph (2) in the case of an application to which article 3(2)(c) of the 2007 Order applies, the fee is —
a
£200 for an application made by post or courier within the United Kingdom; or
b
£93 for an application made outside the United Kingdom.
2
Where an application referred to in paragraph (1)(a) is made by an applicant and at the same time he makes a similar application on behalf of one or more of his dependants, there will be a fee of £50 for each dependant’s application.
Fee for a work card in respect of a seasonal agricultural worker
14
1
Subject to paragraph (2), in the case of an application to which article 3(2)(d) of the 2007 Order applies, namely an application for an immigration employment document, which is made in respect of a person who is seeking to enter, or remain in, the United Kingdom as a seasonal agricultural worker under the immigration rules, the fee is £12.
2
No fee is payable in connection with an application referred to in paragraph (1) if it is made in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.
Fees for travel documents (not including passports)
15
1
Subject to paragraph (2), in the case of an application to which article 3(2)(e) of the 2007 Order applies, other than an application referred to in paragraph (3), the fee to be paid is —
a
£138 in a case where the person in respect of whom the application is made has not, at the date of the application, attained the age of sixteen; or
b
£220 in any other case.
2
No fee is payable in connection with an application referred to in paragraph (1) where the application is stated as being made in order to enable the applicant to participate in a project operated or approved by the Secretary of State for the purpose of enabling a person in the United Kingdom to make a single trip to a country outside the United Kingdom in order to assist the reconstruction of that country or to decide whether to re-settle there.
3
In the case of an application to which article 3(2)(e) of the 2007 Order applies, where the application is for a Convention travel document or a document of identity, the fee is —
a
£49 in a case where the person in respect of whom the application is made has not, at the date of the application, attained the age of sixteen; or
b
£77.50 in any other case.
Fee for a transit visa
16
In the case of an application to which article 3(2)(la) of the 2007 Order applies, the fee is £47.
Fee for a certificate of entitlement to the right to abode
17
In the case of an application to which article 3(2)(lb) of the 2007 Order applies, the fee is —
a
£150 for an application made in respect of an applicant who is in the United Kingdom;
b
£245 for an application made in respect of an applicant who is outside the United Kingdom.
Fee for an application for a document recording biometric information
18
1
Subject to paragraphs (2) and (3), in the case of an application to which article 3(2)(o) of the 2007 Order applies, namely an application for a document recording biometric information within the meaning of section 5 of the UK Borders Act 2007 , where the application is required by regulations made under section 5 of the UK Borders Act 2007, the fee is £30.
2
No fee is payable in respect of an application referred to in paragraph (1) which is required under the Immigration (Biometric Registration) (Pilot) Regulations 2008 .
3
No fee is payable in respect of an application referred to in paragraph (1) where the application is made in conjunction with an application for leave to remain in the United Kingdom.
4
Subject to paragraph (5), where the application is for a document recording biometric information within the meaning of section 5 of the UK Borders Act 2007, in order to transfer data previously contained in a stamp, sticker or other attachment on a passport or other document which indicates that a person has been granted leave to enter or remain in the UK, the fee is £200.
5
Where an application referred to in paragraph (4) is made by an applicant and at the same time he makes a similar application on behalf of one or more of his dependants, there will be a fee of £50 for each dependant’s application.
Fees for sponsorship licences
19
In the case of an application to which article 3(2)(p) of the 2007 Order applies, where such application is in respect of a person who, if granted a sponsorship licence, would be a small sponsor and the application is for a sponsorship licence in respect of Tier 2 migrants, the fee is £300.
20
Subject to regulation 21, in the case of an application to which article 3(2)(p) of the 2007 Order applies, where the application is —
a
for a sponsorship licence in respect of Tier 4 migrants;
b
for a sponsorship licence in respect of Tier 5 migrants;
c
for a sponsorship licence in respect of Tier 4 migrants and Tier 5 migrants;
d
in respect of a person who, if granted a sponsorship licence, would be a small sponsor and is for —
i
a sponsorship licence in respect of Tier 2 migrants and Tier 4 migrants;
ii
a sponsorship licence in respect of Tier 2 migrants and Tier 5 migrants; or
iii
a sponsorship licence in respect of Tier 2 migrants, Tier 4 migrants, and Tier 5 migrants,
the fee is £400.
21
In the case of an application to which article 3(2)(p) of the 2007 Order applies, where the application is for a licence referred to in sub-paragraphs (a) to (c) of regulation 20 and is in respect of a person who —
a
holds a valid sponsorship licence in respect of Tier 2 migrants; and
b
is a small sponsor,
the fee is £100.
22
1
In the case of an application to which article 3(2)(p) of the 2007 Order applies, where a person —
a
holds a valid licence in respect of Tier 4 migrants, Tier 5 migrants or Tier 4 and Tier 5 migrants; and
b
is not a small sponsor,
and the application is for a licence referred to in paragraph (2), the fee is £600.
2
The sponsorship licences are —
a
a sponsorship licence in respect of Tier 2 migrants;
b
a sponsorship licence in respect of Tier 2 and Tier 4 migrants; or
c
a sponsorship licence in respect of Tier 2 and Tier 5 migrants.
Fee for the process of issuing a certificate of sponsorship
23
1
Subject to paragraph (2), in the case of a process to which article 5 of the 2007 Order applies, where the process is the issuing of a certificate of sponsorship in respect of an application or applications or a potential application or applications for leave to remain or enter the United Kingdom as —
a
a Tier 5 migrant; or
b
a Tier 4 migrant,
the fee is £10.
2
No fee is payable in respect of the process for which a fee is specified in paragraph (1) where the certificate is issued in respect of an application or applications or a potential application or applications for leave to remain or enter the United Kingdom as a Tier 5 (Temporary Worker) made by a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.
Fee for arranging a citizenship ceremony
24
1
In respect of a service to which article 4(2)(e) of the 2007 Order applies, namely the arrangement of a citizenship ceremony (including the administration of a citizenship oath and pledge at the ceremony), the fee to be paid for the provision of this service is £80.
2
The fee referred to in paragraph (1) shall be payable on submission of an application for registration or for naturalisation by an applicant who is required by section 42 of the 1981 Act to make a citizenship oath and pledge at a citizenship ceremony.
3
Where the fee referred to in paragraph (1) is paid in accordance with paragraph (2) and —
a
the Secretary of State refuses the application; or
b
the Secretary of State decides that the registration should be effected or the certificate of naturalisation should be granted, but disapplies the requirement to attend a citizenship ceremony because of the special circumstances of the case,
the fee paid in respect of the arrangement of a citizenship ceremony shall be refunded.
4
Where the fee referred to in paragraph (1) is to be paid in accordance with paragraph (2), and the fee is not paid in accordance with that paragraph, the Secretary of State will not consider the application for registration or naturalisation.
Fee for the administration of a citizenship oath, or oath and pledge
25
1
In respect of a service to which article 4(2)(f) of the 2007 Order applies, namely the administration of a citizenship oath, or oath and pledge (where not administered at a citizenship ceremony), the fee to be paid for the provision of this service is £5.
2
No fee is payable under these Regulations where the oath, or oath and pledge, is administered by a justice of the peace.
Fee for the supply of a certified copy
26
In respect of a service to which article 4(2)(g) of the 2007 Order applies, namely the supply of a certified copy of a notice, certificate, order, declaration or entry given, granted or made under the 1981 Act, any of the former Nationality Acts or the 1997 Act, the fee to be paid for the provision of this service is £80.
Fee for technical changes to a work permit document
27
In the case of an application to which article 3(2)(d) of the 2007 Order applies, for a letter to confirm the amendment to information held by the UK Border Agency relating to employment within the terms of the work permit arrangements, which does not constitute a change requiring a new application for permission to work, the fee is £20.
Fee for a letter or other document confirming immigration or nationality status
28
In the case of an application to which article 3(2)(q) of the 2007 Order applies, namely an application for a letter or other document confirming —
a
a person’s immigration or nationality status; or
b
that a person is not a British citizen,
the fee is £80.
Fee for services in connection with immigration or nationality applications
29
1
Subject to paragraph (2), in respect of a service to which article 6(2) of the 2007 Order applies, namely the provision of services in connection with any immigration or nationality application requiring a representative of the Secretary of State to —
a
attend premises other than an office of the UK Border Agency of the Home Office or Consular premises; or
b
provide services outside of office hours,
the fee is £130 per hour up to a maximum of £939 a day.
2
The official determining provision of these services may waive the payment of the fee in paragraph (1) where the official considers it is appropriate in the particular circumstances of the case.
Fee for reconsideration of an application for naturalisation or registration
30
Subject to regulation 31 in the case of an application to which article 3(2)(f) to (j) of the 2007 Order applies, namely an application for naturalisation or registration, where an applicant seeks reconsideration of a decision by the Secretary of State to refuse that application, the fee for reconsideration of each application is £100.
31
1
The official determining reconsideration of the application for naturalisation or registration shall —
a
refund the fee charged under regulation 30 where following that reconsideration, the application for naturalisation or registration is subsequently granted; but
b
deduct £80 for the fee specified in regulation 24(1), namely for the arrangement of a citizenship ceremony.
2
This regulation is subject to regulation 24(3)(b).
Fee for the issuing of an action plan
32
In respect of a process to which article 5(2)(b) of the 2007 Order applies, namely the issuing of an action plan, the fee is £1,000 for each action plan.
Fees for the registration of a declaration of renunciation
33
1
In respect of a service to which article 4(2)(a) to (d) of the 2007 Order applies, namely a declaration of renunciation of British citizenship, British overseas territories citizenship, British Overseas citizenship or British subject status, the fee to be paid for the provision of this service is £208.
2
Where a declaration of renunciation of British citizenship, British overseas territories citizenship, British Overseas citizenship or British subject status is made by a person at the same time as a declaration of renunciation by him of another such citizenship or status, the total fee payable in respect of those declarations shall be the same as that for registration of a single declaration.
Consequences of failing to pay the fee
34
Where an application to which these Regulations refer is to be accompanied by a specified fee, the application is not validly made unless it has been accompanied by that fee.
Revocation
35
These Regulations revoke and replace the Immigration and Nationality (Cost Recovery Fees) Regulations 2010 .
Damian Green
Minister of State
Home Office
7th September 2010
We consent
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
6th September 2010


text:
Citation and commencement
1
This Order may be cited as the Export Control (North Korea) (Amendment) Order 2010 and shall come into force on 28th January 2010.
Amendments
2
The Export Control (North Korea) Order 2007 is amended as set out in the Schedule to this Order.
Ian Lucas
Minister for Business and Regulatory Reform
Department for Business, Innovation and Skills
26th January 2010


text:
Citation and commencement
1
1
This order may be cited as the Civil Enforcement of Parking Contraventions Designation Order 2010.
2
Except for articles 2(c) and 3(2)(b) , this order shall come into force on 1st March 2010.
3
Articles 2(c) and 3(2)(b) shall come into force on 1st April 2010.
Revocation of previous orders
2
The following orders are revoked —
a
the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Lancashire) Order 2004 ;
b
the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Cheshire) (Borough of Crewe and Nantwich) Order 2007 ;
c
the Civil Enforcement of Parking Contraventions (County of Cornwall) Designation Order 2008 ; and
d
the Civil Enforcement of Parking Contraventions (County of Cheshire) (Borough of Macclesfield) Designation Order 2008 .
Designation of civil enforcement areas and special enforcement areas under the Traffic Management Act 2004
3
1
The Secretary of State designates each of the areas mentioned in paragraph (2) as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
2
Those areas are —
a
the part of the area of the Cheshire East Borough Council specified in Schedule 1;
b
the whole of the area of The Cornwall Council;
c
the part of the area of The Lancashire County Council specified in Schedule 2; and
d
the part of the area of The North Lincolnshire Borough Council specified in Schedule 3.
Signed by authority of the Secretary of State
Sadiq Khan
Minister of State
Department for Transport
28th January 2010


text:
Title and commencement
1
The title of this Order is the Coleg Meirion-Dwyfor Further Education Corporation (Dissolution) Order 2010 and it comes into force on 1 April 2010.
Dissolution and Transfer
2
On 1 April 2010 Coleg Meirion-Dwyfor further education corporation is dissolved and its property, rights and liabilities are transferred to Coleg Llandrillo further education corporation, being a corporate body wholly or mainly engaged in the provision of educational facilities or services.
Transfer of Staff
3
Section 26(2), (3) and (4) of the Act applies to any person employed by Coleg Meirion-Dwyfor further education corporation immediately before 1 April 2010 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1 April 2010;
c
to the transferor were to Coleg Meirion-Dwyfor further education corporation; and
d
to the corporation were to Coleg Llandrillo further education corporation.
Leighton Andrews
Minister for Children, Education and Lifelong Learning, one of the Welsh Ministers
2 March 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2010 and shall come into force on 3rd August 2010.
2
In this Order “the principal Order ” means the Armed Forces and Reserve Forces (Compensation) Scheme Order 2005 , and, except where the context otherwise requires, a reference to a numbered article, Table or Schedule is a reference to the article, Table or Schedule in the principal Order which bears that number.
Amendment of article 2 (interpretation)
2
Article 2(1) is amended as follows —
a
insert in the appropriate places —
“the FTRSPS 2010 ” means the occupational pension scheme for members of the Full-Time Reserve Service established by regulations made by the Defence Council in exercise of the powers conferred on them by sections 4(2) and (3) and 8(2) and (3) of the Reserve Forces Act 1996 ;
;
“the NRPSPS ” means the occupational pension scheme for members of the Non- Regular Permanent Staff set out in Chapter 9 of the Territorial Army Regulations 1978 made by the Defence Council in exercise of the powers conferred on them by sections 4(2) and (3) and 8(2) and (3) of the Reserve Forces Act 1996;
;
“the RFPS 2005 ” means the occupational pension scheme for members of the reserve forces established by regulations made by the Defence Council in exercise of the powers conferred on them by sections 4(2) and (3) and 8(2) and (3) of the Reserve Forces Act 1996;
;
b
in the definition of “ill-health pension” after “ AFPS 2005” insert “or the equivalent provisions of the NRPSPS or the RFPS 2005;”;
c
in the definition of “invaliding pension” for “ (a), (b) or (c);” substitute “(d), (e) or (f), or the equivalent provisions of the FTRSPS 2010;”.
Amendment of articles 3, 9, 39, 40 and 41 of the principal Order
3
1
In articles 3, 9 and 39 for “5 years” wherever it appears substitute “7 years”.
2
In article 3(c) for “five” substitute “7”.
3
In article 39(2) for the words “one year”, where they last appear, substitute “3 years”.
4
In article 39(3) for “one year from the date of death.” substitute “3 years beginning with the day on which death occurred.”.
5
In articles 40 and 41 for the words “one year” on both occasions they appear substitute “3 years”.
Amendment of article 27 (amount of bereavement grant)
4
Article 27 is amended as follows —
a
in paragraph (1) for “the following provisions of this article” substitute “paragraph (2)” and for “member or former member of the forces is £20,000.” substitute “person who was a member of the armed forces on the date of death is £25,000.”;
b
for paragraph (2) substitute —
2
Where the person was a member of the AFPS 2005, the amount of the bereavement grant is the difference between the salary of the member of the armed forces on the date of death and the amount specified in paragraph (1).
;
c
in paragraph (3) for “payable in full.” substitute “£37,500.”.
Amendment of article 31 (reduction of guaranteed income payment, survivor’s guaranteed income payment and child’s payment to take account of other amounts)
5
Article 31 is amended as follows —
a
after paragraph (3) insert —
3A
Where the amount of a pension or a payment increases or decreases, including coming into payment or ceasing, after an award of benefit is made, the Secretary of State shall make such adjustments to the amount of guaranteed income payment, survivor’s guaranteed income payment or child’s payment as are required to satisfy the rules for reduction of benefit specified in this article.
;
b
in paragraph (4) after “gross amount” insert “, irrespective of any commutation,”.
Amendment of article 32 (reduction in benefit to take account of awards of damages)
6
Article 32 is amended as follows —
a
in paragraph (1) —
i
before “Where the Secretary of State” insert “Subject to paragraph (1A),”;
ii
for “may”, on both occasions it appears, substitute “shall”;
b
after paragraph (1) insert —
1A
The Secretary of State shall not —
a
take the damages into account where he is satisfied that benefit payable under this Order has been taken into account in the assessment of the damages;
b
withhold or reduce a bereavement grant payable under article 21(1)(b).
1B
In calculating the amount of benefit to withhold or reduce under paragraph (1), the Secretary of State may take account of the full value of any damages which have been or will be recovered.
1C
The Secretary of State may require a person who has made a claim to provide —
a
details of any steps taken or planned to obtain damages in respect of the same injury, condition or death for which benefit is payable;
b
a written undertaking that if the person recovers damages the person shall notify the Secretary of State and repay any benefit paid under this Order.
.
Amendment of article 35 (entitlement to benefit dependent on claim)
7
In article 35(2) for “shall” substitute “may”.
Amendment of article 46 (finality of decisions)
8
Article 46 is amended as follows —
a
in paragraph (1) after “48” insert “, 48A”;
b
in paragraph (3)(c) after “48” insert “, 48A”.
Insertion of article 48A
9
After article 48 insert —
Review - award of damages
48A
1
This article applies where —
a
the Secretary of State has made an award of benefit to a person;
b
the person has recovered damages in respect of the injury or death for which the award of benefit is payable; and
c
the Secretary of State is satisfied that benefit payable under the Order has not been taken into account in the assessment of the damages.
2
On a review under this article the Secretary of State may —
a
revise a decision —
i
given under article 43,
ii
revised under article 45, 47, 48 or 49, or
iii
relating to benefit made by the First-tier Tribunal, a Pension Appeal Tribunal, the Upper Tribunal, an appropriate Social Security Commissioner or a court,
in each case by withholding or reducing the amount of the award so as to cancel the award of benefit.
3
The decision of the Secretary of State on a review under this article and the reasons for the decision shall be in writing and shall be given or sent to the claimant who shall, at the same time, be informed of the right —
a
to a reconsideration of the decision under article 45; and
b
to appeal to the appropriate tribunal under section 5A(1) of the Pensions Appeal Tribunals Act 1943 .
4
In this article “damages” has the meaning given in article 32(2).
.
Amendment of Schedule 2 (modifications for reserve forces)
10
Schedule 2 is amended as follows —
a
in paragraph 1 omit the definition of the “Reserve Forces Pension Scheme”;
b
for paragraph 2A substitute —
For article 27 there is substituted the following —
27
1
This article applies where death is caused (wholly or partly) by service in the reserve forces.
2
Subject to the following provisions of this article the bereavement grant payable in respect of the death of a person who was a member of the reserve forces on the day of death is £25,000.
3
Subject to paragraph (4), where the person was not a member of a reserve forces pension scheme the amount of the bereavement grant is £37,500.
4
Where the person was an active member of the RFPS 2005 the amount of the bereavement grant is the difference between the salary of the member of the reserve forces on the day of death and the amount specified in paragraph (2).
5
Where a former member of the reserve forces dies, the bereavement grant is £37,500.
6
In the event that there is more than one surviving spouse entitled to the bereavement grant, the amount to which each such surviving spouse is entitled shall be the amount payable, in accordance with the provisions of this article, divided by the number of spouses so entitled at the date of death of the member or former member of the reserve forces.
7
In this article —
a
“active member” in relation to a reserve forces pension scheme has the meaning given in section 124(1) of the Pensions Act 1995 ;
b
“reserve forces pension scheme” means the FTRSPS 2010, the NPRSPS or the RFPS 2005.
.
;
c
in paragraph 3 —
i
for the words “Reserve Forces Pension Scheme”, where they appear in paragraph (1)(c) of the substituted article 31, substitute “the FTRSPS 2010, the NRPSPS or the RFPS 2005”;
ii
after the words “gross amount”, where they appear in paragraph (4)(a) of the substituted article 31, insert “, irrespective of any commutation,”;
iii
omit paragraphs (4)(b) and (c) of the substituted article 31.
Amendment of Schedule 4 (the Tariff)
11
1
Schedule 4 is amended as follows.
2
Table 2 (Injury, wounds and scarring) is amended as follows —
a
insert at the appropriate places —
11A. 7 High velocity gun shot wound, deep shrapnel fragmentation or other penetrating injury (or all or any combination of these) with clinically significant damage to bone, soft tissue structures and vascular or neurological structures of the head and neck, chest, back, abdomen or limb, with complications, which have required, or are expected to require, operative treatment with residual permanent significant functional limitation and restriction. 20A. 9 High velocity gun shot wound, deep shrapnel fragmentation or other penetrating injury (or all or any combination of these) with clinically significant damage to soft tissue structures and vascular or neurological structures of the head and neck, chest, back, abdomen or limb, which have required, or are expected to require, operative treatment with residual permanent significant functional limitation and restriction.
b
at item 29 for the entry in column (b) substitute —
High velocity gun shot wound, deep shrapnel fragmentation or other penetrating injury (or all or any combination of these) with clinically significant damage to soft tissue structures of the head and neck, chest, back, abdomen or limb, which have required, or are expected to require, operative treatment with residual permanent significant functional limitation and restriction.
;
c
at item 39, in column (b), for the words “with substantial recovery.” substitute “which have required, or are expected to require, operative treatment with substantial functional recovery.”;
d
insert after the last footnote to Table 2 —
(*) Where a limb injury is accompanied by acute compartment syndrome requiring operative treatment the award shall be increased by £3,000.
.
3
In Table 4 (Physical disorders including infectious diseases) insert at the appropriate place —
6A. 12 Persisting physical disorder where symptoms and functional effects are well controlled by regular medication.
4
In Table 5 (Amputations) insert at the appropriate places —
7A. 2 Loss of one arm, above or below elbow, and one leg, above or below knee, with total loss of use of another limb due to traumatic injury involving vital structures.* 45A. 14 Partial loss of two or more toes, other than great toe, from one foot.
5
Between the second and third footnotes to Table 5 insert the following —
(*) “Total loss of use of another limb” means the total loss of the physical capacity or power to carry out its expected functions as compared with a normal healthy person of the same age and sex.
.
6
For Table 7 (Senses) substitute the Table set out in Schedule 1 to this Order.
7
In Table 8 (Fractures and dislocations) —
a
insert at the appropriate places —
AA1. 9 Fracture of femur, tibia, humerus, radius or ulna, with complications, causing permanent significant functional limitation and restriction. A1. 9 Fracture or dislocation of hip, elbow, wrist, ankle, knee or shoulder, which has required, or is expected to require, arthrodesis, osteotomy or total joint replacement. 10A. 11 Fracture of femur, tibia, humerus, radius or ulna causing permanent significant functional limitation and restriction. 10AA. 11 Fracture of femur, tibia, humerus, radius or ulna, with complications, which has caused, or is expected to cause, significant functional limitation and restriction at 52 weeks with substantial recovery beyond that date. 44A. 13 Subluxed dislocated acromio or sterno-clavicular joint, which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.
b
at item 72 in column (b) for “Subluxed acromio-clavicular” substitute “Subluxed dislocated acromio or sterno-clavicular”.
8
After the first footnote to Table 8 insert —
(*) Where a fracture is accompanied by acute compartment syndrome requiring operative treatment the award shall be increased by £3,000.
.
9
In Table 9 (Muscoskeletal disorders) —
a
insert at the appropriate places —
26A. 13 Ankle, hip, knee, wrist, elbow or shoulder strain, sprain or overuse injury, which has required, or is expected to require, operative treatment. 34A. 14 Overuse injury of foot or heel, which has required or is expected to require operative treatment.
b
at item 30 in the entry in column (b) omit “or other knee pathology,”.
Transitory provisions
12
1
Subject to the provisions of this article the amendments to the principal Order contained in this Order shall not apply to a claim made before the day this Order comes into force.
2
Where a claim is made before the day this Order comes into force —
a
the time specified for making a claim for injury benefit is 7 years beginning with the day on whichever of the days specified in article 39(1) is applicable to the claim;
b
death benefit is payable if death occurs within the period of 7 years beginning with the day on which service ends, and the conditions specified in sub-paragraphs (i) or (ii) of article 9(3)(b) are satisfied; and
c
the amendments to Schedule 4 shall apply where —
i
the Secretary of State determines (whether before or after the coming into force of this Order) that a temporary award in accordance with article 20 of the principal Order should be made in respect of an injury —
aa
for which benefit is claimed; or
bb
which is of the same description as an injury for which benefit is claimed;
ii
a descriptor for the injury (in respect of which the temporary award is made) is included in the amendments to Schedule 4; and
iii
the descriptor is at the same level of the tariff as the temporary award.
3
The time specified for making a claim for death benefit is 1 year beginning with day this Order comes into force or 3 years beginning with the day on which death occurred, whichever is the later.
4
In this article —
a
“claim” means a claim made in accordance with the principal Order and “claimed” shall be construed accordingly;
b
“descriptor” means an entry in column (b) of, including the footnotes to, Tables 1 to 9 of Schedule 4 to the principal Order.
Andrew Robathan
Parliamentary Under Secretary of State
Ministry of Defence
1st July 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Audiovisual Media Services (Product Placement) Regulations 2010 and come into force on 16th April 2010.
2
In these Regulations “the 2003 Act ” means the Communications Act 2003 .
Restriction on product placement in television programme services and on-demand programme services
2
1
Section 319 of the 2003 Act ( OFCOM ’s standards code) is amended as follows.
2
In subsection (2), after paragraph (f) insert —
fa
that the product placement requirements referred to in section 321(3A) are met in relation to programmes included in a television programme service (other than advertisements);
3
After subsection (8) insert —
9
Subsection (2)(fa) applies only in relation to programmes the production of which begins after 19th December 2009.
3
1
Section 321 of the 2003 Act (objectives for advertisements and sponsorship) is amended as follows.
2
For the heading of the section substitute “Objectives for advertisements, sponsorship and product placement”.
3
In subsection (1) —
a
for “(g)” substitute “(fa)”;
b
in paragraph (a), after “programmes” insert “and, in relation to television programme services, general provision governing standards and practice in product placement”;
c
omit “and” at the end of paragraph (a);
d
after paragraph (b) insert —
; and
c
in relation to television programme services, may include provision prohibiting forms and methods of product placement (including product placement of products, services or trade marks of any description) (whether generally or in particular circumstances).
4
After subsection (3) insert —
3A
For the purposes of section 319(2)(fa) the product placement requirements are the requirements set out in Schedule 11A.
5
In paragraph (a) of subsection (4) —
a
for “shall,” substitute —
shall —
i
;
b
after “sponsorship; and” insert —
ii
in relation to television programme services, have a general responsibility with respect to methods of product placement; and
.
6
In subsection (5) —
a
omit “and” at the end of paragraph (a);
b
after paragraph (b) insert —
; and
c
the forms and methods of product placement that should not be employed in the provision of a television programme service (including the descriptions of products, services or trade marks for which product placement should not be employed).
7
In subsection (8), at the end insert “(except in the expression “television programme service”)”.
4
1
Section 324 of the 2003 Act (setting and publication of standards) is amended as follows.
2
In subsections (3)(c) and (4)(a), after “sponsorship” insert “or for product placement”.
3
After subsection (11) insert —
11A
A code (or draft code) contains standards for product placement for the purposes of this section to the extent that it sets standards under section 319 for securing the objective mentioned in paragraph (fa) of subsection (2) of that section.
5
1
Section 325 of the 2003 Act (observance of standards code) is amended as follows.
2
In subsection (4) —
a
in paragraph (a), for “and the sponsorship of programmes” substitute “, the sponsorship of programmes and product placement”;
b
in paragraph (b), for “and sponsorship” substitute “, sponsorship and product placement”.
3
In subsection (5) —
a
omit “and” at the end of paragraph (b);
b
after paragraph (c) insert —
; and
d
in the case of a television programme service, the forms and methods of product placement to be excluded from the service (including descriptions of products, services or trade marks product placement of which is to be excluded) (whether generally or in particular circumstances).
6
In section 362 of the 2003 Act (interpretation of Part 3), in subsection (1), after the definition of “OFCOM’s standards code” insert —
“product placement” has the meaning given by paragraph 1 of Schedule 11A;
.
7
In section 368H of the 2003 Act (prohibition of product placement in on-demand programme services), in subsection (16), after the definition of “producer” insert —
“programme” does not include an advertisement;
.
8
In section 368R of the 2003 Act (interpretation of Part 4A), in subsection (1), for the definition of “children’s programme” substitute —
“children’s programme” means a programme made —
for a television programme service or for an on-demand programme service, and
for viewing primarily by persons under the age of sixteen;
9
In the 2003 Act, after Schedule 11 insert —
SCHEDULE 11A
Restrictions on product placement
Introductory
1
1
In this Part “product placement”, in relation to a programme included in a television programme service, means the inclusion in the programme of, or of a reference to, a product, service or trade mark, where the inclusion —
a
is for a commercial purpose;
b
is in return for the making of any payment, or the giving of other valuable consideration, to any relevant provider or any person connected with a relevant provider; and
c
is not prop placement.
2
“Prop placement”, in relation to such a programme, means the inclusion in the programme of, or of a reference to, a product, service or trade mark where —
a
the provision of the product, service or trade mark has no significant value; and
b
no relevant provider, or person connected with a relevant provider, has received any payment or other valuable consideration in relation to its inclusion in, or the reference to it in, the programme, disregarding the costs saved by including the product, service or trademark, or a reference to it, in the programme.
2
The product placement requirements are —
a
that the product placement does not fall within any of paragraphs 3 to 6;
b
that all of the conditions in paragraph 7 are met; and
c
that, where paragraph 8 applies, the condition in that paragraph is also met.
Prohibitions of product placement
3
1
Product placement falls within this paragraph if it is in a children’s programme.
2
In sub-paragraph (1) “children’s programme” means a programme made —
a
for a television programme service or for an on-demand programme service, and
b
for viewing primarily by persons under the age of sixteen.
4
Product placement falls within this paragraph if it is —
a
of cigarettes or other tobacco products;
b
by or on behalf of an undertaking whose principal activity is the manufacture or sale of cigarettes or other tobacco products; or
c
of prescription-only medicines.
5
Product placement of alcoholic drinks falls within this paragraph if —
a
it is aimed specifically at persons under the age of eighteen; or
b
it encourages immoderate consumption of such drinks.
6
1
Product placement falls within this paragraph if it is in a programme to which this paragraph applies and —
a
the programme is a religious, consumer affairs or current affairs programme;
b
the product placement is of anything within sub-paragraph (2); or
c
the product placement is otherwise unsuitable.
2
The following are within this sub-paragraph —
a
electronic or smokeless cigarettes, cigarette lighters, cigarette papers or pipes intended for smoking;
b
medicinal products;
c
alcoholic drinks;
d
infant formulae or follow-on formulae;
e
a food or drink high in fat, salt or sugar;
f
gambling services.
3
This paragraph applies to —
a
a programme that has been produced or commissioned by the provider of the television programme service in which it is included, or by a person connected with that provider, and that is not a film made for cinema; and
b
a programme that has been produced or commissioned by any other person with a view to its first showing taking place in a television programme service which is provided by a person under the jurisdiction of the United Kingdom for the purposes of the Audiovisual Media Services Directive.
Conditions applying to product placement
7
1
These are the conditions referred to in paragraph 2(b).
2
Condition A is that the programme in which the product, service or trademark, or the reference to it, is included is —
a
a film made for cinema;
b
a film or series made for a television programme service or for an on-demand programme service;
c
a sports programme; or
d
a light entertainment programme.
3
Condition B is that the product placement has not influenced the content or scheduling of the programme in a way that affects the editorial independence of the provider of the television programme service in which the programme is included.
4
Condition C is that the product placement does not directly encourage the purchase or rental of goods or services, whether by making promotional reference to those goods or services or otherwise.
5
Condition D is that the programme does not give undue prominence to the products, services or trade marks concerned.
6
Condition E is that the product placement does not use techniques which exploit the possibility of conveying a message subliminally or surreptitiously.
7
Condition F is that the way in which the product, service or trade mark, or the reference to it, is included in the programme by way of product placement does not —
a
prejudice respect for human dignity;
b
promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
c
encourage behaviour prejudicial to health or safety;
d
encourage behaviour grossly prejudicial to the protection of the environment;
e
cause physical or moral detriment to persons under the age of eighteen;
f
directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
g
exploit the trust of such persons in parents, teachers or others; or
h
unreasonably show such persons in dangerous situations.
8
1
This paragraph applies where the programme featuring the product placement has been produced or commissioned by the provider of the television programme service in which it is included or by a person connected with that provider.
2
The condition referred to in paragraph 2(c) is that the television programme service in which the programme is included signals appropriately the fact that product placement is contained in a programme no less frequently than —
a
at the start and end of such a programme; and
b
in the case of a television programme service which includes advertising breaks within it, at the recommencement of the programme after each such advertising break.
Minor definitions
9
In this Schedule —
“connected” has the same meaning as it has in the Broadcasting Act 1990 by virtue of section 202 of that Act;
“film made for cinema” means a film made with a view to its being shown to the general public first in a cinema;
“follow-on formulae” has the meaning given in Article 2 of Commission Directive 2006/141/ EC on infant formulae and follow-on formulae and amending Directive 1999/21/EC ;
“infant formulae” has the meaning given in Article 2 of Commission Directive 2006/141/EC on infant formulae and follow-on formulae and amending Directive 1999/21/EC ;
“medicinal product” has the meaning given in section 130 of the Medicines Act 1968;
“prescription-only medicine” means a medicinal product of a description or falling within a class specified in an order made under section 58 of the Medicines Act 1968;
“producer”, in relation to a programme, means the person by whom the arrangements necessary for the making of the programme are undertaken;
“programme” does not include an advertisement;
“relevant provider”, in relation to a programme, means —
the provider of the television programme service in which the programme is included; and
the producer of the programme;
“residual value” means any monetary or other economic value in the hands of the relevant provider other than the cost saving of including the product, service or trademark, or a reference to it, in a programme;
“significant value” means a residual value that is more than trivial;
“tobacco product” has the meaning given in section 1 of the Tobacco Advertising and Promotion Act 2002;
“trade mark”, in relation to a business, includes any image (such as a logo) or sound commonly associated with that business or its products or services.
The Welsh Authority
10
1
In section 60(4) of the Broadcasting Act 1990 (advertising on S4C), after paragraph (a) (but before “and” at the end of that paragraph) insert —
aa
from time to time consult the Secretary of State as to the forms and methods of product placement that should not be employed in the provision of S4C (including the descriptions of products, services or trade marks for which product placement should not be employed);
.
2
In section 202 of the Broadcasting Act 1990 (general interpretation), in subsection (1), after the definition of “pension scheme” insert —
“product placement” has the meaning given by paragraph 1 of Schedule 11A to the Communications Act 2003;
.
3
In paragraph 14 of Schedule 12 to the 2003 Act (corresponding obligations of the Welsh Authority) —
a
omit “and” at the end of paragraph (b);
b
after paragraph (c) insert —
; and
d
the forms and methods of product placement to be excluded from those services (including descriptions of products, services or trade marks product placement of which is to be excluded) (whether generally or in particular circumstances).
Ben Bradshaw
Secretary of State for Culture, Media and Sport
Department for Culture, Media and Sport
16th March 2010


text:
Citation, commencement and extent
1
These Regulations —
a
may be cited as the Rail Vehicle Accessibility (Applications for Exemption Orders) Regulations 2010;
b
come into force on 6th April 2010; and
c
do not extend to Northern Ireland.
Interpretation
2
In these Regulations —
“the 1995 Act ” means the Disability Discrimination Act 1995;
“exemption order” means an order made under section 47 of the 1995 Act;
“network” means any permanent way or other means of guiding or supporting rail vehicles or any section of it;
“network exemption order” means an exemption order which relates to a specified network;
“operator”, in relation to a rail vehicle, means the person having the management of that vehicle;
“prescribed system” has the same meaning as in section 46 of the 1995 Act;
“rail vehicle” has the same meaning as in section 46 of the 1995 Act ;
“railway” has the same meaning as in section 67(1) of the Transport and Works Act 1992 ;
“regulated rail vehicle” has the same meaning as in section 46 of the 1995 Act ;
“relevant lessee” means a person who is both —
a lessee of a regulated rail vehicle, and
a party to a contract that is designated as a “ PPP agreement” under section 212 of the Greater London Authority Act 1999 for the purposes of section 210(6) of that Act,
but does not include a “relevant body” listed in section 210(2) of that Act ;
“ 1995 Act from time to time">RVAR ” means any rail vehicle accessibility regulations made under section 46 of the 1995 Act from time to time;
“tramway” has the same meaning as in section 67(1) of the Transport and Works Act 1992.
Applications for exemption orders for rail vehicles
3
1
Subject to paragraph (2), an application for an exemption order in respect of a rail vehicle —
a
may be made by —
i
the operator of the vehicle,
ii
the owner of the vehicle, or
iii
the relevant lessee of the vehicle;
b
must be submitted to the Secretary of State in writing; and
c
must contain the particulars specified in Schedule 1.
2
Before making an application under paragraph (1) the owner or relevant lessee of the rail vehicle must consult the operator of the vehicle, if a different person.
Applications for network exemption orders
4
An application for a network exemption order —
a
may be made in respect of a network by a person having ownership or control of that network;
b
must be submitted to the Secretary of State in writing; and
c
must contain the particulars specified in Schedule 2.
Revocation
5
The Rail Vehicle (Exemption Applications) Regulations 1998 are revoked.
Signed by authority of the Secretary of State for Transport
C.D.Mole
Parliamentary Under Secretary of State
Department for Transport
23rd February 2010


text:
PART 1 Introduction
Title, commencement and application
1
1
The title of this Order is the Marine and Coastal Access Act 2009 (Commencement No. 1, Consequential, Transitional and Savings Provisions) (England and Wales) Order 2010.
2
This Order comes into force on 1st April 2010.
3
Articles 1, 2, 9, 10, 11 and 12 of, and Schedule 2 to, this Order apply in relation to England and Wales.
4
Save as provided in paragraph (3), this Order applies in relation to Wales.
Interpretation
2
1
In this Order —
“the 1966 Act ” means the Sea Fisheries Regulation Act 1966 ;
“the 2006 Regulations ” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 ;
“England” includes the sea adjacent to England to a distance of 12 nautical miles from the baselines from which the breadth of the territorial sea is measured;
“ Menai Strait Fishery Order Management Association ” means the Menai Strait Fishery Order Management Association (Company Registration Number 07163689);
“North Western and North Wales Sea Fisheries Committee” means the local fisheries committee for the North Western and North Wales Sea Fisheries District referred to in the North Western and North Wales Sea Fisheries District Order 1999 ;
“relevant employee” has the meaning given in paragraph (2);
“South Wales Sea Fisheries Committee” means the local fisheries committee for the South Wales Sea Fisheries District created by Order of the Board of Agriculture and Fisheries on 27th June 1912 ;
“the transfer date” means 1st April 2010; and
“Wales” has the meaning given by section 158(1) and (3) of the Government of Wales Act 2006 .
2
In this Order, “relevant employee” means —
a
for the purposes of article 5, any person —
i
who was employed by or on behalf of the South Wales Sea Fisheries Committee immediately before the transfer date, and
ii
whose contract of employment has not terminated before the transfer date (whether by expiry of notice, effluxion of time or otherwise); and
b
for the purposes of articles 9 and 10(3), any person —
i
who was employed by or on behalf of the North Western and North Wales Sea Fisheries Committee immediately before the transfer date,
ii
whose contract of employment has not terminated before the transfer date (whether by expiry of notice, effluxion of time or otherwise), and
iii
who was employed in one of the following positions —
aa
Principal Fishery Officer,
bb
Senior Fishery Officer, whose principal place of employment immediately before the transfer date was in Wales,
cc
Fishery Officer, whose principal place of employment immediately before the transfer date was in Wales,
dd
Fishery Patrol Vessel Master,
ee
Fishery Patrol Vessel Crew,
ff
Fishery Patrol Vessel Engineer,
gg
Traeth Lafan Project Officer, or
hh
Marine Biodiversity Officer.
Appointed day
3
1st April 2010 is the day appointed for the coming into force in relation to Wales of the following provisions of the Marine and Coastal Access Act 2009 —
a
section 187 (abolition of local fisheries committees); and
b
Part 4 (management of inshore fisheries) of Schedule 22 (repeals) and section 321 (repeals) so far as relating to those provisions.
Consequential amendments to, and revocations of, existing enactments
4
On the transfer date —
a
the enactments specified in Part 1 of Schedule 1 are amended in relation to Wales in accordance with that Part; and
b
the enactments specified in Part 2 of Schedule 1 are revoked in relation to Wales.
PART 2 South Wales Sea Fisheries Committee
Transfer of employees
5
1
Subject to the provisions of this article, all relevant employees transfer to and become, on the transfer date, members of the staff of the Welsh Assembly Government.
2
The contract of employment of a relevant employee whose employment is transferred under paragraph (1) —
a
is not terminated by the transfer; and
b
has effect on and after the transfer date as if that employee had become a member of the staff of the Welsh Assembly Government on the date that that employee’s employment by or on behalf of the South Wales Sea Fisheries Committee began.
3
Without prejudice to paragraph (2) —
a
all the rights, powers, duties and liabilities under, or in connection with, the contract of employment of a relevant employee whose employment is transferred under paragraph (1), transfer to and vest in the Welsh Ministers on the transfer date; and
b
anything done before that date by, or in relation to, the South Wales Sea Fisheries Committee in respect of that contract of employment or that employee, is deemed on and after the transfer date to have been done by, or in relation to, the Welsh Ministers.
4
Notwithstanding regulation 3(5) of the 2006 Regulations, the transfer effected by articles 5 and 6(1) is to be treated for all purposes as a relevant transfer within the meaning of the 2006 Regulations.
5
Where a relevant employee becomes a member of the staff of the Welsh Assembly Government pursuant to paragraph (1), the period of employment with that employee’s employer immediately before the transfer date —
a
counts as a period of employment as a member of the staff of the Welsh Assembly Government; and
b
is to be treated as continuous employment as a member of the staff of the Welsh Assembly Government for the purposes of section 218(3) of the Employment Rights Act 1996 .
6
Nothing in this article affects any right a person has to terminate a contract of employment if (apart from the change of employer) a substantial detrimental change is made in that person’s working conditions.
7
Notwithstanding regulation 4(7) of the 2006 Regulations, paragraphs (1) to (5) do not transfer a relevant employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that employee objected to that transfer of that employee’s contract of employment and had informed the Welsh Ministers in writing of that objection on or before 31st March 2010.
8
Notwithstanding regulation 4(8) of the 2006 Regulations, where an employee has objected in accordance with paragraph (7) —
a
that employee’s contract of employment is terminated on the transfer date; and
b
that employee is not to be treated for any purposes as having been dismissed.
Transfer of property, rights and liabilities
6
1
Save as provided by articles 5 and 7, on the transfer date —
a
all the property held by, on behalf of or for the purposes of the South Wales Sea Fisheries Committee immediately before that date; and
b
all rights and liabilities to which the South Wales Sea Fisheries Committee was entitled or subject immediately before that date,
are transferred to and vest in the Welsh Ministers.
2
A certificate issued by the Welsh Ministers that any property has been transferred by paragraph (1) is conclusive evidence of the transfer.
3
Paragraph (1) has effect in relation to the property, rights and liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of those property, rights or liabilities otherwise than by that paragraph.
4
The liabilities falling within paragraph (1)(b) include liabilities in respect of persons formerly employed by or on behalf of the South Wales Sea Fisheries Committee.
The Burry Inlet Cockle Fishery Order 1965
7
1
Article 6(1) does not apply to any functions, property, rights or liabilities transferred by paragraph (2).
2
On the transfer date —
a
the functions that were exercisable by the South Wales Sea Fisheries Committee immediately before the transfer date; and
b
the property, rights and liabilities to which the South Wales Sea Fisheries Committee was entitled or subject immediately before the transfer date,
pursuant to the Burry Inlet Cockle Fishery Order 1965 are transferred to the Environment Agency.
3
On the transfer date the Burry Inlet Cockle Fishery Order 1965 is amended as follows —
a
in article 2(1), for “Local Sea Fisheries Joint Committee for the South Wales Sea Fisheries District” substitute “Environment Agency”; and
b
in each place where it occurs, for “Committee” substitute “Agency”.
4
Paragraph (2) has effect in relation to the functions, property, rights and liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of those functions, property, rights or liabilities otherwise than by that paragraph.
Transitional provisions
8
1
Nothing in article 3, 5, 6 or 7 affects the validity of anything done by or in relation to the South Wales Sea Fisheries Committee before the transfer date.
2
There may be continued by or in relation to the Welsh Ministers anything (including legal proceedings) which —
a
relates to any of the functions, other than those transferred by article 7(2), that were exercisable by the South Wales Sea Fisheries Committee immediately before the transfer date or to any property, rights or liabilities transferred by article 5 or 6(1);
b
is in the process of being done by or in relation to the South Wales Sea Fisheries Committee immediately before the transfer date; and
c
could lawfully be undertaken by or in relation to the Welsh Ministers.
3
Anything —
a
done by the South Wales Sea Fisheries Committee for the purpose of or in connection with any of the functions, other than those transferred by article 7(2), which were exercisable by it immediately before the transfer date or for the purpose of or in connection with any property, rights or liabilities transferred by article 5 or 6(1); and
b
in effect immediately before the transfer date,
has effect on and after the transfer date as if done by the Welsh Ministers to the extent that the Welsh Ministers could lawfully undertake that action.
4
The Welsh Ministers are substituted for the South Wales Sea Fisheries Committee in any instruments or contracts which are either made or commenced before the transfer date and which relate to any of the functions, other than those transferred by article 7(2), that were exercisable by the South Wales Sea Fisheries Committee immediately before the transfer date.
5
There may be continued by or in relation to the Environment Agency anything (including legal proceedings) which —
a
relates to any of the functions, property, rights or liabilities transferred by article 7(2);
b
is in the process of being done by or in relation to the South Wales Sea Fisheries Committee immediately before the transfer date; and
c
could lawfully be undertaken by or in relation to the Environment Agency.
6
Anything which —
a
was done by the South Wales Sea Fisheries Committee for the purpose of or in connection with any of the functions, property, rights or liabilities transferred by article 7(2); and
b
is in effect immediately before the transfer date,
has effect on and after the transfer date as if done by the Environment Agency to the extent that the Environment Agency could lawfully undertake that action.
PART 3 North Western and North Wales Sea Fisheries Committee
Transfer of employees
9
1
Subject to the provisions of this article, all relevant employees transfer to and become, on the transfer date, members of the staff of the Welsh Assembly Government.
2
The contract of employment of a relevant employee whose employment is transferred under paragraph (1) —
a
is not terminated by the transfer; and
b
has effect on and after the transfer date as if that employee had become a member of the staff of the Welsh Assembly Government on the date that that employee’s employment by or on behalf of the North Western and North Wales Sea Fisheries Committee began.
3
Without prejudice to paragraph (2) —
a
all the rights, powers, duties and liabilities under, or in connection with, the contract of employment of a relevant employee whose employment is transferred under paragraph (1), transfer to and vest in the Welsh Ministers on the transfer date; and
b
anything done before that date by, or in relation to, the North Western and North Wales Sea Fisheries Committee in respect of that contract of employment or that employee, is deemed on and after the transfer date to have been done by, or in relation to, the Welsh Ministers.
4
Notwithstanding regulation 3(5) of the 2006 Regulations, the transfer effected by articles 9 and 10 is to be treated for all purposes as a relevant transfer within the meaning of the 2006 Regulations.
5
Where a relevant employee becomes a member of the staff of the Welsh Assembly Government pursuant to paragraph (1), the period of employment with that employee’s employer immediately before the transfer date —
a
counts as a period of employment as a member of the staff of the Welsh Assembly Government; and
b
is to be treated as continuous employment as a member of the staff of the Welsh Assembly Government for the purposes of section 218(3) of the Employment Rights Act 1996 .
6
Nothing in this article affects any right a person has to terminate a contract of employment if (apart from the change of employer) a substantial detrimental change is made in that person’s working conditions.
7
Notwithstanding regulation 4(7) of the 2006 Regulations, paragraphs (1) to (5) do not transfer a relevant employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that employee objected to that transfer of that employee’s contract of employment and had informed the Welsh Ministers in writing of that objection on or before 31st March 2010.
8
Notwithstanding regulation 4(8) of the 2006 Regulations, where an employee has objected in accordance with paragraph (7) —
a
that employee’s contract of employment is terminated on the transfer date; and
b
that employee is not to be treated for any purposes as having been dismissed.
Transfer of property, rights and liabilities
10
1
On the transfer date —
a
all property held by, on behalf of or for the purposes of the North Western and North Wales Sea Fisheries Committee immediately before the transfer date; and
b
all rights and liabilities to which the North Western and North Wales Sea Fisheries Committee was entitled or subject immediately before the transfer date,
in relation to all the premises listed in Part 1 of Schedule 2, including any fixtures, fittings and trade fixtures at, in or on such premises, transfer to and vest in the Welsh Ministers.
2
Save as provided by paragraph (1) and articles 9 and 11, on the transfer date —
a
all the property held by, on behalf of or for the purposes of the North Western and North Wales Sea Fisheries Committee immediately before the transfer date; and
b
all rights and liabilities to which the North Western and North Wales Sea Fisheries Committee was entitled or subject immediately before the transfer date,
in relation to the assets mentioned in paragraph (3), transfer to and vest in the Welsh Ministers.
3
The assets referred to in paragraph (2) are —
a
the personal or other moveable assets at, in or on any of the premises listed in Part 1 of Schedule 2;
b
the personal or other moveable assets not included in sub-paragraph (a) and provided by, on behalf of or for the purposes of the North Western and North Wales Sea Fisheries Committee for the sole use of —
i
those of its staff whose principal place of employment immediately before the transfer date was in Wales, or
ii
any relevant employee whose employment is transferred under article 9(1); and
c
the assets listed in Part 2 of Schedule 2.
4
Save as provided by paragraphs (1) and (2) and articles 9 and 11, all rights and liabilities to which the North Western and North Wales Sea Fisheries Committee was entitled or subject in relation to Wales immediately before the transfer date are, on the transfer date, transferred to and vest in the Welsh Ministers.
5
A certificate issued by the Welsh Ministers that any property has been transferred by paragraphs (1) and (2) is conclusive evidence of the transfer.
6
Paragraphs (1), (2) and (4) have effect in relation to the property, rights and liabilities to which they apply in spite of any provision (of whatever nature) which would prevent or restrict the transfer of those property, rights or liabilities otherwise than by those paragraphs.
7
The liabilities falling within paragraph (4) include liabilities in respect of any person who meets all of the criteria set out in paragraph (8).
8
For the purposes of paragraph (7), the criteria are —
a
that person was formerly employed by or on behalf of the North Western and North Wales Sea Fisheries Committee; and
b
that person was entirely or substantially employed in carrying out the functions of the North Western and North Wales Sea Fisheries Committee in relation to Wales.
The Menai Strait Oyster and Mussel Fishery Order 1962
11
1
Article 10 does not apply to any functions, property, rights or liabilities transferred by paragraph (2).
2
On the transfer date —
a
the functions that were exercisable by the North Western and North Wales Sea Fisheries Committee immediately before the transfer date; and
b
the property, rights and liabilities to which the North Western and North Wales Sea Fisheries Committee was entitled or subject immediately before the transfer date,
pursuant to the Menai Strait Oyster and Mussel Fishery Order 1962 are transferred to the Menai Strait Fishery Order Management Association.
3
On the transfer date the Menai Strait Oyster and Mussel Fishery Order 1962 is amended as follows —
a
for article 2, substitute —
2
The Menai Strait Fishery Order Management Association (Company Registration Number 07163689) (in this Order called “the Company”) is the grantee of this Order.
;
b
in each place where it occurs, for “the Grantees” substitute “the Company”;
c
in article 5, delete the word “themselves”;
d
in paragraphs (a) and (b) of article 7, in each place where it occurs, for “they” substitute “it”;
e
in article 8, omit paragraph (3);
f
in article 10 —
i
for “they” substitute “it”, and
ii
for “arrange” substitute “arranges”;
g
in article 13, in each place where it occurs, for “their” substitute “the Company’s”;
h
in article 14(6), for “their” substitute “the Company’s”; and
i
in article 15, in each place where it occurs, for “their” substitute “the Company’s”.
4
Paragraph (2) has effect in relation to the functions, property, rights and liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of those functions, property, rights or liabilities otherwise than by that paragraph.
Transitional provisions
12
1
Nothing in article 3, 9, 10 or 11 affects the validity of anything done by or in relation to the North Western and North Wales Sea Fisheries Committee in relation to Wales before the transfer date.
2
There may be continued by or in relation to the Welsh Ministers anything (including legal proceedings) which —
a
relates to any of the functions, other than those transferred by article 11(2), that were exercisable by the North Western and North Wales Sea Fisheries Committee in relation to Wales immediately before the transfer date or to any property, rights or liabilities transferred by article 9 or 10;
b
is in the process of being done by or in relation to the North Western and North Wales Sea Fisheries Committee in relation to Wales immediately before the transfer date; and
c
could lawfully be undertaken by or in relation to the Welsh Ministers.
3
Anything —
a
done by the North Western and North Wales Sea Fisheries Committee in relation to Wales for the purpose of or in connection with any of the functions, other than those transferred by article 11(2), which were exercisable by it immediately before the transfer date or for the purpose of or in connection with any property, rights or liabilities transferred by article 9 or 10; and
b
in effect immediately before the transfer date,
has effect on and after the transfer date as if done by the Welsh Ministers to the extent that the Welsh Ministers could lawfully undertake that action.
4
The Welsh Ministers are substituted for the North Western and North Wales Sea Fisheries Committee in any instruments or contracts which are either made or commenced before the transfer date and which relate to any of the functions, other than those transferred by article 11(2), that were exercisable by the North Western and North Wales Sea Fisheries Committee in relation to Wales immediately before the transfer date.
5
There may be continued by or in relation to the Menai Strait Fishery Order Management Association anything (including legal proceedings) which —
a
relates to any of the functions, property, rights or liabilities transferred by article 11(2);
b
is in the process of being done by or in relation to the North Western and North Wales Sea Fisheries Committee immediately before the transfer date; and
c
could lawfully be undertaken by or in relation to the Menai Strait Fishery Order Management Association.
6
Anything which —
a
was done by the North Western and North Wales Sea Fisheries Committee in relation to Wales for the purpose of or in connection with any of the functions, property, rights or liabilities transferred by article 11(2); and
b
is in effect immediately before the transfer date,
has effect on and after the transfer date as if done by the Menai Strait Fishery Order Management Association to the extent that that company could lawfully undertake that action.
PART 4 Byelaws
Byelaws of the South Wales Sea Fisheries Committee, the North Western and North Wales Sea Fisheries Committee and the Environment Agency whilst exercising the powers of a local fisheries committee
13
1
Any provision of the byelaws of the South Wales Sea Fisheries Committee listed at Schedule 3 which —
a
is in force immediately before article 3 comes into force; and
b
could have been made in a statutory instrument by the Welsh Ministers under any enactment other than the 1966 Act,
takes effect after article 3 comes into force as if made by the Welsh Ministers in a statutory instrument under that other enactment in relation to the same area of Wales as the area to which that provision originally applied.
2
To the extent that it could have been made in a statutory instrument by the Welsh Ministers under section 5 of the Sea Fish (Conservation) Act 1967 and section 189 of the Marine and Coastal Access Act 2009 , byelaw 38 (maximum vessel size) of the South Wales Sea Fisheries Committee takes effect, with the omission of paragraph 3 of that byelaw, after article 3 comes into force as if made by the Welsh Ministers in a statutory instrument under those Acts in relation to the same area of Wales as the area to which that provision originally applied.
3
Any provision of the byelaws of the North Western and North Wales Sea Fisheries Committee listed at Schedule 4 which —
a
is in force immediately before article 3 comes into force;
b
relates to any part of Wales; and
c
could have been made in a statutory instrument by the Welsh Ministers under any enactment other than the 1966 Act,
takes effect after article 3 comes into force as if made by the Welsh Ministers in a statutory instrument under that other enactment in relation to the same area of Wales as the area to which that provision originally applied.
4
Any provision of the byelaws made by the Environment Agency, or its predecessors, whilst exercising the powers of a local fisheries committee and listed at Schedule 5 which —
a
is in force immediately before article 3 comes into force;
b
relates to any part of Wales; and
c
could have been made in a statutory instrument by the Welsh Ministers under any enactment other than the 1966 Act,
takes effect after article 3 comes into force as if made by the Welsh Ministers in a statutory instrument under that other enactment in relation to the same area of Wales as the area to which that provision originally applied.
5
There may be continued by or in relation to the Welsh Ministers anything (including legal proceedings) which relates to any of the byelaws falling within paragraphs (1) to (4), and is in the process of being done immediately before article 3 comes into force to the extent that the Welsh Ministers could lawfully undertake or be involved in that action.
6
Anything which was done by —
a
the South Wales Sea Fisheries Committee;
b
the North Western and North Wales Sea Fishery Committee; or
c
the Environment Agency, or its predecessors, whilst exercising the powers of a local fisheries committee,
for the purpose of or in connection with any of the byelaws falling within paragraphs (1) to (4) and which is in effect immediately before the transfer date, has effect on and after the transfer date as if done by the Welsh Ministers to the extent that the Welsh Ministers could lawfully undertake or be involved in that action.
7
The Welsh Ministers are substituted for the Environment Agency, or its predecessors, in any instruments or contracts which are either made or commenced before the transfer date and which relate to any of the byelaws falling within paragraph (4).
Elin Jones
Minister for Rural Affairs, one of the Welsh Ministers
5th March 2010
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
8th March 2010


text:
Citation and commencement
1
These Regulations may be cited as the M20 Motorway (Junctions 4 to 7) (Variable Speed Limits) Regulations 2010 and they come into force on 16th April 2010.
Interpretation
2
In these Regulations —
“the 1982 Regulations ” means the Motorways Traffic (England and Wales) Regulations 1982 ;
“the 2002 Regulations ” means the Traffic Signs Regulations 2002 ; and
“carriageway”, “hard shoulder”, “motorway” and “verge” have the same meanings as in the 1982 Regulations.
Variable Speed Limits
3
1
No person shall drive a vehicle on a section of a road which is subject to a variable speed limit at a speed exceeding that indicated by a speed limit sign.
2
A section of road is subject to a variable speed limit in relation to a vehicle being driven on it if —
a
the road is specified in the Schedule;
b
the vehicle has passed a speed limit sign; and
c
the vehicle has not passed —
i
another speed limit sign indicating a different speed limit; or
ii
a traffic sign which indicates that the national speed limit is in force.
3
In relation to a vehicle, the speed limit indicated by a speed limit sign is the speed shown at the time the vehicle passes the sign, or, if higher, the speed limit shown by the sign ten seconds before the vehicle passed the sign.
4
For the purpose of this regulation a speed limit sign is to be taken as not indicating any speed limit if, ten seconds before the vehicle passed it, the sign had indicated no speed limit or that the national speed limit was in force.
5
In this regulation —
“national speed limit” has the meaning given by regulation 5(2) of the 2002 Regulations and a traffic sign which indicates that the national speed limit is in force means a traffic sign of the type shown in diagram 671 in Schedule 2 to the 2002 Regulations which is —
placed on or near a road; and
directed at traffic on the carriageway on which the vehicle is being driven;
“road” includes the adjacent hard shoulder and verge;
“speed limit sign”, in relation to a vehicle, means a traffic sign of the type shown in diagram 670 in Schedule 2 to the 2002 Regulations which is —
placed on or near any part of a road specified in the Schedule; and
directed at traffic on the carriageway on which the vehicle is being driven.
Signed by authority of the Secretary of State for Transport
C.D. Mole
Parliamentary Under Secretary of State
Department for Transport
11th March 2010