text:
Citation and commencement
1
This Order may be cited as the Greater Manchester (Light Rapid Transit System) (Media City Extension) Order 2009 and shall come into force on 18th May 2009.
Interpretation
2
In this Order —
“the 1996 Order ” means the Greater Manchester (Light Rapid Transit System) (Eccles Extension) Order 1996 ;
“the 2006 Order ” means the Greater Manchester (Light Rapid Transit System) Order 2006 ;
“authorised street tramway” means any part of the scheduled work which is a street tramway by virtue of the operation of article 6 (designation of works);
“authorised tramroad” means the tramroad authorised by this Order;
“authorised tramway” means the tramway authorised by this Order;
“authorised works” means the scheduled work and any other work authorised by this Order;
“the limits of deviation” means the limits of deviation for the scheduled work shown on the works plan;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” shall be construed accordingly;
“the scheduled work” means the work specified in the Schedule or any part of it;
“the sections” means the sections certified by the Secretary of State as the sections for the purposes of this Order;
“street” includes part of a street;
“street tramway” means any part of a tramway which is laid along a street whether or not the section of the street in which its rails are laid may be used by other traffic;
“tramroad” means any part of a tramway which is not a street tramway;
“the undertaker” means Greater Manchester Passenger Transport Executive, as established under the South East Lancashire and North East Cheshire Passenger Transport (Designation) Order 1969 ;
“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;
“the works plan” means the plan certified by the Secretary of State as the works plan for the purposes of this Order.
2
All distances, directions and lengths stated in the description of the scheduled work or in any description of powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, direction and length, and distances between points on a scheduled work shall be taken to be measured along the scheduled work.
Application of enactments relating to railways
3
1
The provisions of the Regulation of Railways Acts 1840 to 1893 shall not apply in relation to the authorised tramroad.
2
The provisions of the Highway (Railway Crossings) Act 1839 shall not apply in relation to the authorised tramroad.
3
Sections 32 to 34 of the Offences Against the Person Act 1861 shall apply in relation to the authorised tramroad as if the word “tramroad” were substituted for “railway” throughout those sections.
Power to construct and maintain work
4
1
The undertaker may construct and maintain the scheduled work in place of so much of Work No.10 of the 1996 Order as lies between the commencement and termination points of the scheduled work and may construct and maintain the remainder of that work under the 1996 Order to join the scheduled work.
2
Subject to article 5 (power to deviate), the scheduled work may only be constructed in the lines or situations shown on the works plan and in accordance with the levels shown on the sections.
3
Subject to paragraph (5), the undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled work, namely —
a
stations, platforms and tram stops;
b
works required for, or in connection with, the control of vehicular and pedestrian traffic on the authorised tramroad;
c
works to alter the position of apparatus, including mains, sewers, drains and cables;
d
works to alter the course of, or otherwise interfere with, a watercourse other than a navigable watercourse;
e
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled work; and
f
works for the benefit or protection of premises affected by the scheduled work.
4
Subject to paragraph (5), the undertaker may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled work, other than works that would interfere with a navigable watercourse.
5
Paragraphs (3) and (4) shall only authorise the carrying out or maintenance of works within the limits of deviation.
6
If the undertaker constructs the scheduled work, the undertaker shall not construct that part of Work No.10 of the 1996 Order in place of which the scheduled work is authorised to be constructed.
7
If the undertaker constructs any part of Work No.10 of the 1996 Order between the commencement and termination points of the scheduled work, the undertaker shall not construct the scheduled work.
Power to deviate
5
1
In constructing or maintaining the scheduled work, the undertaker may —
a
deviate laterally from the lines or situations shown on the works plan within the limits of deviation for that work; and
b
deviate vertically from the levels shown on the sections —
i
to any extent not exceeding 3 metres upwards, and
ii
to any extent downwards as may be found to be necessary or convenient.
2
The undertaker may, in constructing or maintaining any of the scheduled work, lay down —
a
double lines of rails in place of single lines;
b
single lines of rails in place of double lines;
c
interlacing lines of rails in place of double or single lines; or
d
double or single lines of rails in place of interlacing lines.
3
The power in paragraph (2) shall not be exercised in the case of any authorised street tramway without the consent of the street authority, but such consent shall not be unreasonably withheld.
Designation of works
6
1
Regardless of anything in the description of the scheduled work contained in the Schedule the whole or any part of the authorised tramroad may be constructed within the limits of deviation for that work along a street as a street tramway, and so far as it is so constructed, shall be treated for the purposes of this Order as if it were so designated.
2
Where, by means of the creation or extinguishment of rights of way, any part of the scheduled work which has been constructed as a tramroad becomes a street tramway, or any part which was constructed as a street tramway becomes a tramroad, it shall be treated for the purposes of this Order as if it were so designated.
Application of relevant local enactments
7
1
The following provisions of the 1996 Order shall apply to the scheduled work, to the extent that it is a tramroad or, as the case may be, a street tramway within the meaning of this Order, as if it were a work authorised by that Order and were included within the definition of “authorised tramroad”, or as the case may be, “authorised street tramway” in article 2 (interpretation) of that Order —
article 4 (application of 1991 Act);
article 7 (power to alter layout of streets);
article 8 (power to keep apparatus in streets);
article 9 (power to execute street works);
article 11 (temporary stopping up of streets);
article 12 (access to works);
article 13 (construction and maintenance of new or altered streets) (as amended by article 5 of the 2006 Order);
article 16 (agreements with street authorities);
article 20 (power to construct temporary transit systems);
article 22 (mode of construction and operation of transit system) (as amended by article 3 of the 2006 Order);
article 23 (obstruction of construction of transit system);
article 35 (power to operate and use transit system);
article 37 (removal of obstructions);
article 38 (traffic signs);
article 40 (power to lop trees overhanging transit system);
article 41 (trespass on tramroads);
article 42 (power to make byelaws);
article 44 (power of disposal, agreements for operation, etc. ) (as amended by article 43(3) of the Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997 );
article 45 (application of landlord and tenant law);
article 46 (jurisdiction of Rail Users' Consultative Committee);
article 47 (tramcars deemed public service vehicles);
article 60 (arbitration).
2
Article 11 of the 1996 Order as applied by paragraph (1) has effect with the addition of the following paragraph —
6
Any person who suffers loss by the suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the Land Compensation Act 1961 .
.
3
Article 4 of the 2006 Order (general duty in respect of construction and maintenance) is amended by the addition at the end of the list of enactments in paragraph (1) of —
The Greater Manchester (Light Rapid Transit System) (Media City Extension) Order 2009
.
Restoration of streets if tramway discontinued
8
If the undertaker abandons the construction of or permanently ceases to operate any authorised street tramway, it shall as soon as reasonably practicable and unless otherwise agreed with the street authority —
a
remove from the street in which the tramway is laid the rails and any other works, equipment and apparatus which have become redundant; and
b
restore, to the reasonable satisfaction of the street authority, the portion of street along which the tramway was laid, or redundant works, equipment and apparatus were laid, regard being had to —
i
the condition of the street before the tramway was laid; and
ii
the nature of the traffic using the street at the time of the discontinuance.
Power to contract for police services
9
1
The undertaker may enter into any agreements with a police authority and its chief officer for the police force maintained by that authority to provide policing services for or in connection with the authorised tramway, including at any tramway premises.
2
Any such agreement may provide for —
a
the undertaker to make such payment or other consideration for those policing services as the parties may agree; and
b
such incidental and ancillary matters as the parties consider appropriate.
3
In this article —
a
“chief officer” means a chief officer of police within the meaning of the Police Act 1996 or the Chief Constable of the British Transport Police Force; and
b
“police authority” means a police authority within the meaning of that Act or the British Transport Police Authority within the meaning of the Railways and Transport Safety Act 2003 .
Service of notices
10
1
Any notice or other document required or authorised to be served for the purposes of this Order may be served —
a
by post; or
b
with the consent of the recipient and subject to paragraphs (6) to (8) by electronic transmission.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise —
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and
b
in any other case, the last known address of that person at the time or service.
4
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by —
a
addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and
b
either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
5
Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement shall be taken to be fulfilled where the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission.
6
Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender shall provide such a copy as soon as reasonably practicable.
7
Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).
8
Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order —
a
that person shall give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and
b
such revocation shall be final and shall take effect on a date specified by the person in the notice but that date shall not be less than 7 days after the date on which the notice is given.
9
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
Certification of plans etc.
11
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the sections and the works plan to the Secretary of State for certification that they are, respectively, true copies of the sections and works plan referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Signed by authority of the Secretary of State
Ellis Harvey
Head of the Transport and Works Act Orders Unit
Department for Transport
27th April 2009


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Registrar of Companies and Applications for Striking Off Regulations 2009 and come into force on 1st October 2009.
2
In these Regulations —
a
“relevant company form” has the meaning given in regulation 4(3);
b
“relevant material” has the meaning given in regulation 4(2);
c
“relevant overseas company form” has the meaning given in regulation 4(4); and
d
“valid objection” has the meaning given in regulation 4(8).
Voluntary striking off: contents of an application
2
1
An application under section 1003 of the Companies Act 2006 (application for voluntary striking off) must contain a declaration that neither section 1004 nor section 1005 of that Act prevents the application from being made.
2
The declaration must be made by the directors who are making the application on behalf of the company.
Annotation of the register
3
Where it appears to the registrar that material on the register is misleading or confusing, the registrar may place a note in the register containing such information as appears to the registrar to be necessary to remedy, as far as possible, the misleading or confusing nature of the material.
Rectification of the register on application
4
1
On application under this regulation (but not if there is a valid objection to the application) the registrar must remove from the register any relevant material that —
a
derives from anything invalid or ineffective or that was done without the authority of the company or overseas company to which the material relates, or
b
is factually inaccurate, or is derived from something that is factually inaccurate or forged.
2
“Relevant material” means material on the register that was included in, or is derived from material that was included in, a relevant company form or a relevant overseas company form delivered to the registrar by any person.
3
A “relevant company form” is —
a
a standard form required for giving notice under section 87 (change of address of registered office), section 167 (changes relating to directors) or section 276 (changes relating to secretaries) of the Companies Act 2006; or
b
so much of a standard form required for delivering an application under section 9 of that Act (application for registration of a company) as is required for the statement of a company’s proposed officers referred to in section 9(4)(c).
4
A “relevant overseas company form” is —
a
so much of a standard form required for delivering a return under regulation 4 of the Overseas Companies Regulations 2009 as is required for —
i
the list referred to in regulation 6(1)(d) of those Regulations (list of directors and secretary of an overseas company);
ii
the names and service addresses referred to in regulation 7(1)(e) of those Regulations (names and service addresses of persons authorised to accept service of documents on behalf of an overseas company in respect of a UK establishment); or
iii
the list referred to in regulation 7(1)(f) of those Regulations (list of permanent representatives of an overseas company in respect of a UK establishment); or
b
so much of a standard form required for delivering a return under regulation 13 of those Regulations as is required for details of the alteration of particulars delivered under —
i
regulation 6(1)(d) of those Regulations (directors and secretary);
ii
regulation 7(1)(a) of those Regulations (address of UK establishment);
iii
regulation 7(1)(e) of those Regulations (names and service addresses of persons authorised to accept service); or
iv
regulation 7(1)(f) of those Regulations (list of permanent representatives).
5
An application to the registrar for the removal from the register (on the grounds in paragraph (1)) of material that was included in a standard form required for giving notice under section 87 of the Companies Act 2006 (change of address of registered office), or of material that is derived from material that was included in such a form, may be made by (and only by) the company to which the material relates.
6
An application to the registrar for the removal from the register (on the grounds in paragraph (1)) of material that was included in, or is derived from material that was included in, so much of a standard form required for delivering a return under regulation 13 of the Overseas Companies Regulations 2009 as is required for details of the alteration of particulars delivered under regulation 7(1)(a) of those Regulations (address of UK establishment) may be made by (and only by) the overseas company to which the material relates.
7
An application to the registrar for the removal from the register on the grounds in paragraph (1) of relevant material other than material referred to in paragraph (5) or (6) may be made by (and only by) —
a
the person by whom the relevant company form or relevant overseas company form (as the case may be) was delivered to the registrar;
b
the company or overseas company to which the material relates; or
c
any other person to whom the material relates.
8
A “valid objection” is —
a
an objection made in accordance with regulation 5(10) and (11) by a person to whom notice of the application was given under regulation 5(2), (3), (4) or (5), or
b
an objection made in accordance with regulation 5(10) by any other person which is not an objection that the registrar is prevented from taking into account under regulation 5(12).
9
In this regulation “required” means required by rules made by the registrar under section 1117 of the Companies Act 2006.
Applications to rectify: further requirements, objections and notices to be issued by the registrar
5
1
An application to the registrar under regulation 4 must, in addition to satisfying the requirements of section 1095(3) of the Companies Act 2006 —
a
state the applicant’s name and address;
b
where the application is an application referred to in regulation 4(5) or (6), confirm that the applicant is the company or (as the case may be) the overseas company to which the relevant material which is the subject of the application relates;
c
in any other case, state whether the applicant is a person mentioned in regulation 4(7)(a), a person mentioned in regulation 4(7)(b) or a person mentioned in regulation 4(7)(c); and
d
state whether the relevant material which is the subject of the application —
i
derives from anything invalid or ineffective;
ii
derives from anything that was done without the authority of the company or overseas company to which the material relates;
iii
is factually inaccurate or is derived from something that is factually inaccurate; or
iv
is derived from something that is forged.
2
Where the application is an application referred to in regulation 4(5), the registrar must give notice of the application to —
a
the person who delivered the standard form mentioned in that regulation to the registrar (but only if the registrar knows the identity and name and address of that person);
b
every person who (to the registrar’s knowledge) was a director or secretary of the company at the time when the application was delivered to the registrar; and
c
the company at the address of its registered office.
3
Where the material which is the subject of the application relates to a company (rather than an overseas company), but the application is not an application referred to in regulation 4(5), the registrar must give notice of the application to —
a
every person mentioned in regulation 4(7) whose identity and name and address the registrar knows (other than the applicant); and
b
every person who (to the registrar’s knowledge) was a director or secretary of the company at the time when the application was delivered to the registrar.
4
Where the application is an application referred to in regulation 4(6), the registrar must give notice of the application to —
a
the person who delivered the standard form mentioned in that regulation to the registrar (but only if the registrar knows the identity and name and address of that person);
b
every person registered under regulation 4 or 13 of the Overseas Companies Regulations 2009, at the time when the application was delivered to the registrar, as a director or secretary of the overseas company;
c
the persons mentioned in paragraph (6); and
d
the overseas company.
5
Where the material which is the subject of the application relates to an overseas company, but the application is not an application referred to in regulation 4(6), the registrar must give notice of the application to —
a
every person mentioned in regulation 4(7) whose identity and name and address the registrar knows (other than the applicant);
b
every person registered under regulation 4 or 13 of the Overseas Companies Regulations 2009, at the time when the application was delivered to the registrar, as a director or secretary of the overseas company; and
c
the persons mentioned in paragraph (6).
6
The persons are —
a
every person registered under regulation 4 or 13 of the Overseas Companies Regulations 2009, at the time when the application was delivered to the registrar, as a person authorised to accept service of documents on behalf of the overseas company in respect of a UK establishment of the company; and
b
every person registered under regulation 4 or 13 of those Regulations, at the time when the application was delivered to the registrar, as a permanent representative of the overseas company in respect of a UK establishment of the company.
7
Where the material which is the subject of the application is material that was included in, or is derived from material that was included in, a relevant overseas company form described in regulation 4(4)(a)(ii) or (iii) or regulation 4(4)(b)(ii), (iii) or (iv), the notice which the registrar is required by paragraph (4) or (5) to give to the overseas company must be given to the company at the address which was, at the time when the application was delivered to the registrar, registered under regulation 4 or 13 of the Overseas Companies Regulations 2009 as the address of the company’s UK establishment to which the material relates (and notice need not be given to the company at any other address).
8
The notice given by the registrar under paragraph (2), (3), (4) or (5) must —
a
where the material which is the subject of the application relates to a company (rather than an overseas company), state the name and registered number of the company to which the material relates;
b
where the material which is the subject of the application relates to an overseas company, state the overseas company’s name registered under regulation 4 or 13 of the Overseas Companies Regulations 2009 or section 1048 of the Companies Act 2006 and its registered number allocated under section 1066 of that Act;
c
where the material which is the subject of the application is material that was included in, or is derived from material that was included in, a relevant overseas company form described in regulation 4(4)(a)(ii) or (iii) or regulation 4(4)(b)(ii), (iii) or (iv), state the registered number allocated under section 1067 of the Companies Act 2006 to the UK establishment to which the material relates;
d
specify what is to be removed from the register and indicate where on the register it is;
e
state the information provided to the registrar under paragraph (1)(d);
f
state the date on which the notice is issued;
g
give particulars of the recipient’s right to object to the application and the requirements applying to that right under paragraphs (10) and (11);
h
explain the effect of paragraph (13); and
i
explain the effect of regulation 4(1) and of section 1095(4) of the Companies Act 2006.
9
An objection to an application under regulation 4 may be made to the registrar by any person.
10
An objection must be made by giving notice in writing to the registrar, and the notice must state the name and address of the person making the objection and identify the application to which the objection relates.
11
A person to whom notice of an application was given under paragraph (2), (3), (4) or (5) and who wishes to object to the application must do so before the end of the period of 28 days beginning with the date on which that notice was issued (as stated in the notice).
12
The registrar must not take account of an objection made by any other person after the end of the period of 28 days beginning with the date on which the notices under paragraph (2), (3), (4) or (5) were issued.
13
If a valid objection is made to the application, the registrar must reject the application.
14
When a valid objection is made, the registrar must also —
a
send an acknowledgment of receipt to the person who made the objection;
b
notify the applicant of the fact that an objection has been made; and
c
notify every other person to whom the registrar gave notice under paragraph (2), (3), (4) or (5) (but not the person who made the objection or any other person who has made an objection).
15
If no valid objection is made, the registrar must notify the applicant of that fact.
16
In this regulation “UK establishment” has the meaning given in section 1067(6) of the Companies Act 2006 .
Documents relating to Welsh companies: exceptions to the requirement for a certified translation, and revocation of previous exceptions
6
1
The documents in paragraph (2) are excepted from the requirement in section 1104(2) of the Companies Act 2006 that a document relating to a Welsh company must, on delivery to the registrar in Welsh, be accompanied by a certified translation into English.
2
The documents are —
a
a non-traded company’s memorandum of association;
b
a non-traded company’s articles;
c
a community interest company report prepared for a non-traded company under section 34 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 ;
d
a resolution or agreement which was agreed to by members of a non-traded company and to which Chapter 3 of Part 3 of the Companies Act 2006 applies, except for a resolution or agreement listed in paragraph (3);
e
annual accounts and reports of a non-traded company required to be delivered to the registrar under Part 15 of the Companies Act 2006;
f
a declaration referred to in regulation 11(1)(b) or regulation 12(1)(b) or (c) of the Community Interest Company Regulations 2005 which relates to a non-traded company;
g
revised accounts and any revised report of a non-traded company, and any auditor’s report on such revised accounts and reports, required to be delivered to the registrar by the Companies (Revision of Defective Accounts and Reports) Regulations 2008 ;
h
a document required to be appended to the group accounts of a non-traded company by paragraph 30(2) of Schedule 6 to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 (banking groups: information as to undertaking in which shares held as a result of financial assistance operation).
3
The following is the list of resolutions and agreements referred to in paragraph (2)(d) —
a
a special resolution that —
i
a private company should be re-registered as a public company;
ii
a public company should be re-registered as a private limited company;
iii
a private limited company should be re-registered as an unlimited company; or
iv
an unlimited company should be re-registered as a limited company;
b
a special resolution agreeing to the change of a company’s name;
c
a special resolution required by section 37 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (requirements for an existing company to become a community interest company);
d
a resolution or agreement as altered by an enactment other than an enactment amending the general law, required to be delivered to the registrar under section 34 of the Companies Act 2006;
e
a resolution or agreement as altered by an order of a court or other authority, required to be delivered to the registrar under section 35 or 999 of that Act;
f
a special resolution under section 88(2) of that Act requiring the register to be amended so that it states that a company’s registered office is to be situated in Wales;
g
a special resolution under section 626 of that Act (reduction of capital in connection with redenomination);
h
a special resolution under section 641(1)(a) of that Act (resolution for reducing the share capital of a private limited company supported by solvency statement);
i
a resolution under section 664(1) of that Act that a public company should be re-registered as a private company to comply with section 662.
4
For the purposes of paragraph (2)(g), “revised accounts” and “revised report” have the meanings given in regulation 2 of the Companies (Revision of Defective Accounts and Reports) Regulations 2008.
5
Regulation 4 of the Companies (Welsh Language Forms and Documents) Regulations 1994 is revoked.
Documents that may be delivered under the Companies Acts in a language other than English
7
1
The documents listed in paragraph (2) are specified for the purposes of section 1105(2)(d) of the Companies Act 2006 as documents which may be drawn up and delivered to the registrar under the Companies Acts in a language other than English but which must, when delivered to the registrar, be accompanied by a certified translation into English.
2
The documents are —
a
a memorandum of association;
b
a company’s articles;
c
a valuation report required to be delivered to the registrar under section 94(2)(d) of the Companies Act 2006;
d
any order made by a competent court in the United Kingdom or elsewhere.
Permitted characters and symbols for names and addresses in documents delivered to the registrar
8
1
The characters and symbols specified in paragraph (3) are permitted for the purposes of section 1108(1) of the Companies Act 2006 (and names and addresses in documents delivered to the registrar must therefore contain only those characters and symbols).
2
But the requirement in section 1108(1) does not apply to the following documents —
a
a memorandum of association;
b
a company’s articles;
c
an order made by a competent court in the United Kingdom or elsewhere;
d
an agreement required to be forwarded to the registrar under Chapter 3 of Part 3 of the Companies Act 2006 (agreements affecting a company’s constitution);
e
a valuation report required to be delivered to the registrar under section 94(2)(d) of that Act;
f
a document required to be delivered to the registrar under section 400(2)(e) or section 401(2)(f) of that Act (company included in accounts of larger group: required to deliver copy of group accounts) ;
g
an instrument or copy instrument required to be delivered to the registrar under Part 25 of that Act (company charges) ;
h
a certified copy of the constitution of an overseas company required to be delivered to the registrar under regulation 8, 14 or 15 of the Overseas Companies Regulations 2009;
i
a copy of accounting documents of an overseas company required to be delivered to the registrar under regulation 9, 32, 45 or 46 of those Regulations;
j
a copy of the annual accounts of an overseas company, or of a credit or financial institution to which Chapter 2 of Part 6 of the Overseas Companies Regulations 2009 applies, required to be delivered to the registrar under section 441 of the Companies Act 2006 .
3
The characters and symbols specified in this paragraph are —
a
those in the Schedule;
b
full stops, commas, colons, semi-colons and hyphens;
c
the numerals 0, 1, 2, 3, 4, 5, 6, 7, 8 and 9.
4
In this regulation the expressions “accounting documents”, “certified copy” and “constitution” have the meanings given in the Overseas Companies Regulations 2009.
Ian Lucas
Minister for Business and Regulatory Reform,
Department for Business, Innovation and Skills
8th July 2009


text:
Citation, commencement and interpretation
1
This Order may be cited as the Department for Transport (Fees) Order 2009 and shall come into force on the day after that on which it is made.
2
1
In this Order —
“the 1976 Act ” means the International Carriage of Perishable Foodstuffs Act 1976
“the 1981 Act ” means the Public Passenger Vehicles Act 1981 ;
“the 1985 Act ” means the Transport Act 1985
“the 1987 Act ” means the Finance (No.2) Act 1987;
“the 1988 Act ” means the Road Traffic Act 1988
“the 1994 Act ” means the Vehicle Excise and Registration Act 1994
“the 1995 Act ” means that the Goods Vehicles (Licensing of Operators) Act 1995 ;
“enforcement and compliance functions” include, without limitation, any functions of or relating to —
the inspection, checking or monitoring of activities;
the investigation and prosecution of offences;
the suspension, revocation or discontinuance of any licence or permit, or disqualifying a person from holding such a licence or permit;
the issuing or imposition of any warning, restriction, condition or prohibition or the imposition of any other sanction other than prosecution;
the immobilisation, removal or disposal of any vehicle;
preparation for or participation in legal proceedings, including assistance to any court or tribunal;
development of enforcement policy or practice; and
any other action to promote enforcement of or compliance with any legal requirement, including the provision of guidance, advice, publicity or other assistance to encourage understanding and observance;
“examination for plating” and “goods vehicle test” have the same meaning as in section 49(4) of the 1988 Act;
“Minister’s approval certificate” has the same meaning as in section 58 of the 1988 Act;
“public service vehicle” has the same meaning as in section 1 of the 1981 Act ;
“traffic commissioner” means a commissioner appointed under section 4 of the 1981 Act;
“senior traffic commissioner” means a traffic commissioner appointed by the Secretary of State as senior traffic commissioner under section 4A of the 1981 Act and any reference to a traffic commissioner includes reference to the senior traffic commissioner;
“vehicle examiner” means an examiner appointed under section 66A of the 1988 Act.
2
In this Order references to powers to fix fees are references to powers of the Secretary of State.
Fees under the International Carriage of Perishable Foodstuffs Act 1976
3
1
In relation to the powers to fix a fee under section 3(1)(d) and (g) of the 1976 Act (fees for examination and testing of transport equipment and the issue of certified copies of certificates), the functions listed in paragraphs 1 and 3 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
2
In relation to the power to fix a fee under section 4(1) of the 1976 Act (fees for approval of type equipment) the functions listed in paragraphs 2 and 3 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
Fees under the Public Passenger Vehicles Act 1981
4
1
In relation to the powers in the 1981 Act to fix a fee under:
a
section 52(1)(a)(ii) and section 60(1)(e) (fees in relation to certificates of initial fitness or equivalent);
b
section 10(1) and section 60(1)(e) (fees in relation to approval of vehicle as type vehicle);
the functions listed in paragraphs 4 to 6 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
2
In relation to the powers to fix fees under sub-paragraphs (i), (ia), (ib), (iii) and (iv) of section 52(1)(a) and section 60(1)(e) of the 1981 Act (fees in relation to licences to operate public service vehicles etc. ), the functions listed in paragraphs 7 to 11 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
3
In relation to the power to fix a fee under section 52 (1)(a)(v) and section 60(1)(e) of the 1981 Act (fees in relation to documents required for public service vehicles registered in Great Britain to make journeys to or from places outside Great Britain or in relation to public service vehicles registered outside Great Britain), the functions listed in paragraph 12 and 13 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
4
In relation to the power to fix a fee under section 52(1) and section 60(1)(e) of the 1981 Act as applied by sections 126(1) and 134(1) of the 1985 Act —
a
in relation to applications for the registration of local bus services and the cancellation, variation or continuing in force of such registrations, the functions listed in paragraphs 14 to 17 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act;
b
in relation to applications for and the grant of permits under sections 19 and 22 of the 1985 Act, the functions listed in paragraphs 18 to 20 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
Fees under the Road Traffic Act 1988
5
1
In relation to the powers in the 1988 Act to fix a fee under section 45(7) and —
a
section 46(1)(h) (fees for the issue of duplicates and copies of test certificates);
b
section 46(5) (fees for particulars of records);
c
section 46(6) (charges for the sale of information derived from records),
where the fee relates to certificates or records with regard to the inspection, testing or examination of public service vehicles, the functions listed in paragraphs 21 to 23 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
2
In relation to the power to fix a fee under section 45(7) and section 46(1)(f) of the 1988 Act (fees on an application or appeal relating to a vehicle examination), where a fee is charged in respect of the inspecting, testing, examination or re-examination of public service vehicles, the functions listed in paragraphs 21 to 24 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
3
In relation to the powers in the 1988 Act to fix a fee under section 45(7) and —
a
the powers listed in paragraphs (1) and (2);
b
section 45(6A) (fees for attendance on courses in connection with the carrying out of vehicle examinations);
c
section 46(1)(j) and section 46(4) (charges paid by authorised examiners or designated councils);
d
section 46(2)(b) (fees in respect of applications for or continuation of the Secretary of State’s authorisation, approval or designation),
where a fee relates to the inspection, testing or examination of vehicles other than public service vehicles, or in relation to certificates, or records with regard to such inspection, testing or examination, the functions listed in paragraphs 25 to 27 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
4
In relation to the powers in the 1988 Act to fix a fee under section 49 and —
a
section 51(1) (h) (fees on an application or appeal relating to vehicle examination);
b
section 51(1) (k) (fees for replacement of plates, plating certificates and goods vehicle test certificates),
the functions listed in paragraphs 28 to 31 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
5
In relation to the powers in the 1988 Act to fix a fee under section 61(1) and —
a
section 61(2)(d) (fees for type approval examinations etc.)
b
section 61(2)(e) (fees for services or facilities or the issue of certificates and other documents);
c
section 61(2)(h) (fees for issue of replacement plates, certificates of conformity and approval certificates),
the functions listed in paragraphs 32 to 35 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
6
In relation to the powers in the 1988 Act to fix a fee under section 63A(3)(b), (d) and (e) (fees for applications and appeals relating to plated weights for goods vehicles without examination, including the issue of replacement plates), the functions listed in paragraphs 28 to 35 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
7
In relation to the powers in the 1988 Act to fix a fee under —
a
section 72(8) (fees for inspection of a vehicle with a view to removal of a prohibition);
b
section 72(9) (fees for appeals relating to removal of a prohibition),
the functions listed in paragraphs 36 to 38 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
Fees under the Vehicle Excise and Registration Act 1994
6
1
In relation to the powers to fix fees under paragraphs (b), (d), (g), (h) and (j) of section 22A(3) of the 1994 Act (fees in relation to examinations and appeals for the purposes of vehicle identity checks etc.), the functions listed in paragraphs 39 and 43(a) of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
2
In relation to the power to fix a fee under section 61A(4) of the 1994 Act (fees in relation to examinations and appeals for the purposes of determining the design weight of a vehicle), the functions listed in paragraphs 40, 41 and 43(b) of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
3
In relation to the power to fix a fee under section 61B(1)(d) and (3)(b) of the Vehicle Excise and Registration Act 1994 (fees in relation to examinations and re-examinations for reduced pollution certificates) the functions listed in paragraphs 42 and 43(c) of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
Fees under the Goods Vehicles (Licensing of Operators) Act 1995
7
In relation to the power to fix a fee under section 45(1) and sections 57(2) (b) and (f) of the 1995 Act, (fees in respect of licences to operate goods vehicles etc.) the functions listed in paragraphs 44 to 47 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
Fees under the Disability Discrimination Act 1995
8
In relation to the power to fix a fee under section 45(1) of the Disability Discrimination Act 1995 (fees in relation to accessibility and approval certificates, etc.), the functions listed in paragraphs 48 to 51 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
Matters to be taken into account in determining costs
9
The matters listed in Schedule 2 are specified as matters that for the purpose of section 102(4) of the 1987 Act are to be taken into account, in determining the costs of each of the functions specified in Schedule 1.
Amendment of the Department of Transport (Fees) Order 1988
10
1
The Department of Transport (Fees) Order 1988 shall be further amended as follows.
2
In Schedule 1 the following entries are omitted —
a
Table I,
b
Paragraphs 1 to 4A of Table III,
c
Table IV,
d
Table V, except for paragraph 3A and
e
Table VI.
3
In Table II of Schedule 1, (fees payable under the Finance Act 1973),
a
in column 2 (specified functions) —
i
in paragraph A(i), the words “pursuant to any Community obligation or any international road transport agreement or arrangement” are substituted for the words “in relation to obligations under EEC regulations and bilateral road transport agreements”;
ii
in paragraph B(i), the words “pursuant to any Community obligation” are substituted for the words “in relation to any EEC Directive” and “EEC” is omitted before “type approval”;
iii
in paragraph D(ii), the words “pursuant to any Community obligation” are substituted for the words “under EEC regulations”;
iv
in paragraph E(i), the words “pursuant to any Community obligation or any international agreement or arrangement” are substituted for the words “in accordance with EEC regulations and bilateral agreements with non EEC countries”.
b
In column 3 (specified matters), the words “Paragraphs 1 to 8” are substituted for the words “Paragraphs 1 to 7” for all entries.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
16th March 2009


text:
Citation, commencement and application
1
These Regulations, which apply to England only, may be cited as the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (England) Regulations 2009 and shall come into force on 9th March 2009.
Amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989
2
1
The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 are amended as follows.
2
After regulation 7 (payments under demand notices: further provision) insert —
Backdated liability: special provision in relation to 2005 rating lists
7A
Notwithstanding the requirements of a demand notice issued in accordance with regulation 7, a ratepayer and a billing authority may reach an agreement in accordance with Schedule 1A.
.
3
After Schedule 1, insert Schedule 1A set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
5th February 2009


text:
Citation, commencement and application
1
1
This Order may be cited as the Local Government (Best Value Authorities) (Power to Trade) (England) Order 2009 and shall come into force on 1st October 2009.
2
This Order applies to the following best value authorities in England —
a
a local authority;
b
a fire and rescue authority constituted by —
i
a scheme under section 2 of the Fire and Rescue Services Act 2004 (power to create combined fire and rescue authorities), or
ii
a scheme to which section 4 of that Act applies (combined authorities under the Fire Services Act 1947);
c
a metropolitan county fire and rescue authority; and
d
the London Fire and Emergency Planning Authority.
Power to trade in function-related activities
2
1
Subject to paragraphs (2) and (3), a best value authority is authorised to do for a commercial purpose anything which it is authorised to do for the purpose of carrying on any of its ordinary functions.
2
Before exercising the power conferred by paragraph (1), the authority shall —
a
prepare a business case in support of the proposed exercise of that power; and
b
approve that business case.
3
A best value authority shall recover the costs of any accommodation, goods, services, staff or any other thing that it supplies to a company in pursuance of any agreement or arrangement to facilitate the exercise of the power conferred by paragraph (1).
4
In this article, “business case” means a comprehensive statement as to —
a
the objectives of the business,
b
the investment and other resources required to achieve those objectives,
c
any risks the business might face and how significant these risks are, and
d
the expected financial results of the business, together with any other relevant outcomes that the business is expected to achieve.
Revocation of regulations
3
1
The Regulations listed in paragraph (2) are revoked.
2
The Regulations are —
a
the Local Government (Best Value Authorities) (Power to Trade) (England) Order 2004 ;
b
the Local Government (Best Value Authorities) (Power to Trade) (England) (Amendment) Order 2004 ;
c
the Local Government (Best Value Authorities) (Power to Trade) (England) (Amendment No. 2) Order 2004 ;
d
the Local Government (Best Value Authorities) (Power to Trade) (England) (Amendment) Order 2006 ;
e
the Local Government (Best Value Authorities) (Power to Trade) (England) (Amendment) Order 2007 ;
f
the Local Government (Best Value Authorities) (Power to Trade) (England) (Amendment No. 2) Order 2007 .
Signed by authority of the Secretary of State for Communities and Local Government
Ian Austin
Parliamentary Under Secretary of State
Department for Communities and Local Government
2nd September 2009


text:
Citation and commencement
1
This Order may be cited as the Court Martial Appeal Court (Bail) Order 2009 and shall come into force on 31st October 2009.
Interpretation
2
In this Order —
“the 1955 Acts ” means the Army Act 1955 and the Air Force Act 1955 ;
“the 1957 Act ” means the Naval Discipline Act 1957 ;
“the 1994 Act ” means the Criminal Justice and Public Order Act 1994 ;
“the 2006 Act ” means the Armed Forces Act 2006 ;
“appeal” means an appeal under section 8(1) of the Court Martial Appeals Act 1968 , and “appellant” has a corresponding meaning;
“bail” means release from custody subject to conditions, and “released on bail” and other cognate expressions shall be construed accordingly;
“child” means a person under the age of fourteen;
“ Court ” means the Court Martial Appeal Court;
“court-martial” means a court-martial constituted under either of the 1955 Acts or the 1957 Act;
“custodian” means the governor, keeper or commandant of the prison or other place of detention in which the appellant is detained;
“Director of Service Prosecutions” means the person appointed under section 364 of the 2006 Act;
“registrar” means the registrar of the Court appointed under section 7(1) of the Court Martial Appeals Act 1968;
“surrender to custody” means, in relation to a person released on bail, surrendering himself into the custody of the Court or a person (according to the requirements of the grant of bail) at the time and place for the time being appointed for him to do so;
“vary” in relation to bail, means imposing further conditions after bail is granted, or varying or rescinding conditions; and
“young person” means (except in article 4) a person who has attained the age of fourteen but is under the age of seventeen.
Grant of bail by the Court
3
1
Subject to article 4, the Court may, if they think fit —
a
grant an appellant bail pending the determination of his appeal;
b
revoke bail granted to an appellant in the exercise of the power conferred by sub-paragraph (a); or
c
vary conditions of bail granted to an appellant in the exercise of the power conferred by sub-paragraph (a).
2
The powers conferred by paragraph (1) may be exercised —
a
on the application of the appellant or, in the case of the powers conferred by paragraph (1)(b) and (c), of the Director of Service Prosecutions or a surety; or
b
on a reference to the Court by the registrar.
3
The powers conferred by paragraph (1) may, subject to paragraph (4), be exercised by any judge of the Court.
4
If under paragraph (3) a single judge refuses an application on the part of an appellant to exercise in his favour any of the powers under paragraph (1), the appellant shall be entitled to have the application determined by the Court as duly constituted for the purpose under section 5 of the Court Martial Appeals Act 1968 .
No bail for defendants convicted of certain offences after previous conviction of such offences
4
1
An appellant who in any proceedings has been convicted of an offence to which this article applies in circumstances to which it applies shall be granted bail under article 3 only if the Court considering the grant of bail is satisfied that there are exceptional circumstances which justify it.
2
This article applies, subject to paragraph (3) —
a
to an offence under section 70 of either of the 1955 Acts or section 42 of the 1957 Act for which the corresponding civil offence, within the meaning of those Acts, is an offence specified in section 25(2) of the 1994 Act ; and
b
to an offence under section 42 of the 2006 Act for which the corresponding offence under the law of England and Wales, within the meaning of that section, is an offence specified in section 25(2) of the 1994 Act.
3
This article applies to an appellant convicted of any such offence only if he has been previously convicted —
a
by a court-martial or the Court Martial of any such offence, or
b
by or before a court in any part of the United Kingdom of an offence specified in section 25(2) of the 1994 Act or of culpable homicide, and
in the case of a relevant previous conviction, if he was then sentenced to imprisonment or, if he was then a child or young person, to long-term detention under any of the relevant enactments.
4
In this article —
a
“conviction” includes —
i
a finding that a person is not guilty by reason of insanity,
ii
a finding under section 4A(3) of the Criminal Procedure (Insanity) Act 1964 , section 115B(2) of the 1955 Acts, section 62B(2) of the 1957 Act or section 167(2) of the 2006 Act (cases of unfitness to plead) that a person did the act or made the omission charged against him, and
iii
a conviction of an offence for which an order is made discharging the offender absolutely or conditionally,
and “convicted” shall be construed accordingly;
b
“relevant enactments” has the same meaning as in section 25(5) of the 1994 Act;
c
“relevant previous conviction” means a previous conviction for —
i
manslaughter;
ii
an offence under section 70 of either of the 1955 Acts or section 42 of the 1957 Act for which the corresponding civil offence, within the meaning of those Acts, is an offence of manslaughter;
iii
an offence under section 42 of the 2006 Act for which the corresponding offence under the law of England and Wales, within the meaning of that section, is an offence of manslaughter; or
iv
culpable homicide; and
d
“young person” means a person who has attained the age of fourteen but is under the age of eighteen.
Effect of bail on term of imprisonment or detention
5
1
The time during which an appellant is released on bail under this Order shall not count as time served by him as part of any relevant sentence to which he is subject for the time being.
2
In paragraph (1) “relevant sentence” means a sentence of imprisonment, of service detention within the meaning of the 2006 Act or of detention under either of the 1955 Acts or under the 1957 Act.
Applications
6
1
This article applies where a person referred to in article 3(2)(a) wants to make an application to the court under article 3(2).
2
The person shall serve an application in the form set out as form 1a in the Schedule on the registrar and on each other person referred to in article 3(2)(a).
3
The Court shall not decide the application without giving each other person referred to in article 3(2)(a) an opportunity to make representations, including representations about any condition or surety proposed by the applicant.
Conditions of bail – general provisions
7
1
A person granted bail under this Order shall be under a duty to surrender to custody, and that duty is enforceable in accordance with article 10.
2
No recognizance for his surrender to custody shall be taken from him.
3
Except as provided by this article —
a
no security for his surrender to custody shall be taken from him;
b
he shall not be required to provide a surety or sureties for his surrender to custody; and
c
no other requirement shall be imposed on him as a condition of bail.
4
He may be required, before release on bail, to —
a
provide a surety or sureties to secure his surrender to custody;
b
give (or have given on his behalf) security for his surrender to custody.
5
He may be required to comply, before release on bail or later, with such requirements as appear to the Court to be necessary —
a
to secure that he surrenders to custody at an appointed time and place;
b
to secure that he does not commit an offence while on bail;
c
to secure that he does not obstruct the course of justice whether in relation to himself or any other person;
d
for his own protection or, if he is a child or young person, for his own welfare or in his own interests;
e
to secure that he makes himself available for the purpose of enabling inquiries or a report to be made to assist a court in dealing with him;
f
to secure that before the time appointed for him to surrender to custody, he attends an interview with a legal adviser.
6
If a parent or guardian of a child or young person consents to be surety for the child or young person for the purposes of this paragraph, the parent or guardian may be required to secure that the child or young person complies with any requirement imposed on him by virtue of paragraph (5) but —
a
no requirement shall be imposed on the parent or the guardian of a young person by virtue of this paragraph where it appears that the young person will attain the age of seventeen before the time to be appointed for him to surrender to custody; and
b
the parent or guardian shall not be required to secure compliance with any requirement to which his consent does not extend and shall not, in respect of those requirements to which his consent does extend, be bound in a greater sum than £50.
Bail - conditions and directions
8
1
This article applies where the Court grants the appellant bail subject to a condition that shall be met before the appellant is released.
2
The court may direct how the condition shall be met.
3
The registrar shall serve a certificate in the form set out as form 1b in the Schedule recording the condition and any such direction on —
a
the appellant;
b
the custodian; and
c
any other person directly affected by any such direction.
4
A person directly affected by any such direction need not comply with it until the registrar serves that person with the certificate.
5
Unless the Court otherwise directs, if the condition or any such direction requires someone to enter into a recognizance, the recognizance shall be —
a
in the form set out as form 1c in the Schedule and signed before —
i
the registrar;
ii
the custodian; or
iii
someone acting with the authority of the registrar or custodian;
b
copied immediately to the person who enters into it; and
c
served immediately by the registrar on the custodian, or by the custodian on the registrar, as appropriate.
6
Unless the Court otherwise directs, if the condition or any such direction requires someone to make a payment, surrender a document or take some other step —
a
that payment, document or step shall be made, surrendered or taken to or before —
i
the registrar;
ii
the custodian; or
iii
someone acting with the authority of the registrar or custodian;
b
the registrar or the custodian, as appropriate, shall serve immediately on the other a statement that the payment, document or step has been made, surrendered or taken, as appropriate.
7
The custodian shall release the appellant where it appears that any condition ordered by the Court has been met.
8
Any record required by article 9 shall be made by including in a file relating to the case in question —
a
any certificate served under paragraph (3); and
b
a copy of any notice, required to be given under rules made under section 49 of the Court Martial Appeals Act 1968, of the determination by the Court of the application under article 3.
Conditions of bail - supplementary provisions
9
1
Where the Court —
a
grants bail under this Order,
b
appoints a time or place or a different time or place for a person granted bail under this Order to surrender to custody, or
c
varies any conditions of bail or imposes conditions in respect of bail under this Order,
the Court shall make a record of the decision in writing containing the particulars prescribed by paragraph (2) and, if requested to do so by the person in relation to whom the decision was taken, shall cause him to be given a copy of the record of the decision as soon as practicable after the record is made.
2
The record required by paragraph (1) shall be made by way of an entry in a file relating to the case in question and the record shall include the following particulars, namely —
a
the effect of the decision;
b
a statement of any condition imposed in respect of bail, indicating whether it is to be complied with before or after release on bail; and
c
where conditions of bail are varied, a statement of the conditions as varied.
3
Where a person has given security in pursuance of article 7(4)(b), and the Court is satisfied that he failed to surrender to custody then, unless it appears that he had reasonable cause for his failure, the Court may order the forfeiture of the security.
4
If the Court orders the forfeiture of a security under paragraph (3), the Court may declare that the forfeiture extends to such amount less than the full value of the security as the Court thinks fit to order.
5
An order under paragraph (3) shall, unless previously revoked, take effect at the end of 21 days beginning with the day on which it is made.
6
Where the Court has ordered the forfeiture of a security under paragraph (3), the Court may, if satisfied on an application made by or on behalf of the person who gave it that he did after all have reasonable cause for his failure to surrender to custody, by order remit the forfeiture or declare that it extends to such amount less than the full value of the security as the Court thinks fit to order.
7
An application under paragraph (6) may be made before or after the order for forfeiture has taken effect, but shall not be entertained unless the Court is satisfied that the Director of Service Prosecutions was given reasonable notice of the applicant’s intention to make it.
8
A security which has been ordered to be forfeited by the Court under paragraph (3) shall, to the extent of the forfeiture —
a
if it consists of money, be accounted for and paid in the same manner as a fine imposed by the Court Martial would be;
b
if it does not consist of money, be enforced by such court as may be specified in the order.
9
Where an order is made under paragraph (6) after the order for forfeiture of the security in question has taken effect, any money which would have fallen to be repaid or paid over to the person who gave the security if the order under paragraph (6) has been made before the order for forfeiture took effect shall be repaid or paid over to him.
Offence of absconding by persons on bail
10
1
If a person who has been granted bail under this Order fails without reasonable cause to surrender to custody he shall be guilty of an offence.
2
If a person who —
a
has been granted bail under this Order, and
b
has failed with reasonable cause to surrender to custody,
fails to surrender to custody at the appointed place as soon after the appointed time as is reasonably practicable he shall be guilty of an offence.
3
In proceedings for an offence under paragraph (1) or (2) the defendant is to be treated as having had reasonable cause for failure unless sufficient evidence is adduced to raise an issue as to whether he had reasonable cause.
4
A failure to give to a person granted bail under this Order a copy of the record of the decision shall not constitute a reasonable cause for that person’s failure to surrender to custody.
5
An offence under paragraph (1) or (2) shall be triable summarily by a civil court in England or Wales (as well as being triable by the Court Martial).
6
Where a magistrates’ court convicts a person of an offence under paragraph (1) or (2) the court may, if it thinks —
a
that the circumstances of the offence are such that greater punishment should be inflicted for that offence than the court has power to inflict, or
b
in a case where it commits that person for trial to the Crown Court for another offence, that it would be appropriate for him to be dealt with for the offence under paragraph (1) or (2) by the court before which he is tried for the other offence,
commit him in custody or on bail to the Crown Court for sentence.
7
A person who is convicted summarily of an offence under paragraph (1) or (2) and is not committed to the Crown Court for sentence shall be liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 5 on the standard scale or to both, and a person who is so committed for sentence shall be liable to imprisonment for a term not exceeding 12 months or to a fine or to both.
8
A person who is convicted of an offence under paragraph (1) or (2) by the Court Martial shall be liable to any punishment mentioned in the Table in section 164 of the 2006 Act but any sentence of imprisonment imposed in respect of the offence shall not exceed 12 months.
9
In any proceedings for an offence under paragraph (1) or (2) a document purporting to be a copy of the part of the record which relates to the time and place appointed for the person specified in the record to surrender to custody and to be duly certified to be a true copy of that part of the record shall be evidence of the time and place appointed for that person to surrender to custody.
10
For the purposes of paragraph (9) —
a
“the record” means the record of the decision of the Court made in pursuance of article 9(1);
b
the copy of the record is duly certified if it is certified by the registrar or such other person as may be authorised by him to act for the purpose.
Liability to arrest for absconding or breaking conditions of bail
11
1
If a person who has been granted bail under this Order and is under a duty to surrender to custody fails to do so at the time appointed for him to do so, the Court may issue a warrant for the arrest of the person.
2
If a person who has been granted bail under this Order surrenders to custody at the time appointed for him to do so but then absents himself without leave before the hearing of any proceedings has begun or resumed in respect of that person, the Court may issue a warrant for the arrest of the person; but no warrant shall be issued under this paragraph where that person is absent in accordance with leave given to him by or on behalf of the Court.
3
The Court may issue a warrant under paragraph (1) or (2) to a constable, or where the person to be arrested is subject to service law or a civilian subject to service discipline, a service policeman.
4
A person who has been granted bail under this Order and is under a duty to surrender into the custody of the Court or any person may be arrested without warrant under paragraph (1) or (2) by a constable or, where the person is subject to service law or is a civilian subject to service discipline, by a service policeman —
a
if the constable or service policeman has reasonable grounds for believing that that person is not likely to surrender to custody;
b
if the constable or service policeman has reasonable grounds for believing that that person is likely to break any of the conditions of his bail or has reasonable grounds for suspecting that that person has broken any of those conditions; or
c
in a case where that person was granted bail with one or more surety or sureties, if a surety notifies a constable or service policeman in writing that that person is unlikely to surrender to custody and that for that reason the surety wishes to be relieved of his obligations as a surety.
5
A person arrested in pursuance of paragraph (4) shall be brought as soon as practicable before the Court.
6
The Court may, if of the opinion that that person —
a
is not likely to surrender to custody, or
b
has broken or is likely to break any condition of his bail,
commit him to custody or alternatively, grant him bail subject to the same or different conditions, but if not of that opinion shall grant him bail subject to the same conditions (if any) as were originally imposed.
7
In this article —
a
“constable” includes any person (whether within or outside the United Kingdom) having powers corresponding with those of a constable;
b
“civilian subject to service discipline” “service policeman” and “subject to service law” have the same meaning as in section 374 of the 2006 Act.
Bail with sureties
12
1
This article applies where a person is granted bail under this Order on condition that he provides one or more surety or sureties for the purpose of securing that he surrenders to custody.
2
In considering the suitability for that purpose of a proposed surety, regard may be had (amongst other things) to —
a
the surety’s financial resources;
b
his character and any previous convictions of his; and
c
his proximity (whether in point of kinship, place of residence or otherwise) to the person for whom he is to be surety.
3
Where the Court grants a person bail under this Order on such a condition but is unable to release him because no surety or no suitable surety is available, the Court shall fix the amount in which the surety is to be bound and paragraphs (4) and (5) shall apply for the purpose of enabling the recognizance of the surety to be entered into subsequently.
4
Where this paragraph applies the recognizance of the surety may be entered into before such persons or descriptions of persons as the Court may by order specify or, if the Court makes no such order, before the registrar.
5
Where a surety seeks to enter into his recognizance before any person in accordance with paragraph (4) but that person declines to take his recognizance because he is not satisfied of the surety’s suitability, the surety may apply to the Court for the Court to take his recognizance and the Court shall, if satisfied of his suitability, take his recognizance.
6
Where, in pursuance of paragraph (4), a recognizance is entered into otherwise than before the Court, the same consequences shall follow as if it had been entered into before the Court.
Forfeiture of a recognizance given as a condition of bail
13
1
This article applies where —
a
the Court grants bail under article 3; and
b
the bail is subject to a condition that the appellant provides a surety to guarantee that he will surrender to custody as required; and
c
the appellant does not surrender to custody as required.
2
The registrar shall serve on the surety and the Director of Service Prosecutions notice of a hearing at which the Court may order the forfeiture of the recognizance given by the surety.
3
The Court shall not forfeit a surety’s recognizance —
a
less than 7 days after the date on which the registrar serves notice under paragraph (2); and
b
without giving the surety an opportunity to make representations at the hearing.
Offence of agreeing to indemnify sureties
14
1
If a person agrees with another to indemnify that other against any liability which that other may incur as a surety under this Order, he and that other person shall be guilty of an offence.
2
An offence under paragraph (1) is committed whether the agreement is made before or after the person to be indemnified becomes a surety and whether or not he becomes a surety and whether the agreement contemplates compensation in money or in money’s worth.
3
An offence under paragraph (1) shall be triable by a civil court in England or Wales (as well as being triable by the Court Martial).
4
Where a magistrates’ court convicts a person of an offence under paragraph (1) the court may, if it thinks —
a
that the circumstances of the offence are such that greater punishment should be inflicted for that offence than the court has power to inflict, or
b
in a case where it commits that person for trial to the Crown Court for another offence, that it would be appropriate for him to be dealt with for the offence under paragraph (1) by the court before which he is tried for the other offence,
commit him in custody or on bail to the Crown Court for sentence.
5
A person guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 5 on the standard scale or to both;
b
on conviction on indictment or if sentenced by the Crown Court on committal for sentence under paragraph (4), to imprisonment for a term not exceeding 12 months or a fine or to both; or
c
on conviction by the Court Martial to any punishment mentioned in the Table in section 164 of the 2006 Act but any sentence of imprisonment imposed in respect of the offence must not exceed 12 months.
6
No proceedings for an offence under paragraph (1) shall be instituted before a civil court except by, or with the consent of, the Director of Public Prosecutions.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
14th April 2009


text:
Citation and commencement
1
These Regulations may be cited as the Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2009 and shall come into force on 6th April 2009.
Amendments
2
The Electronic Communications Code (Conditions and Restrictions) Regulations 2003 are amended as set out in the Schedule.
Stephen Carter
Minister for Communications, Technology and Broardcasting
Department for Business, Enterprise and Regulatory Reform
10th March 2009


text:
Title, application and commencement
1
1
These Regulations may be cited as the Zoonoses and Animal By-Products (Fees) (England) Regulations 2009.
2
They apply in England only.
3
They come into force on 17 August 2009.
Interpretation
2
In these Regulations —
“the 2005 Regulations” means the Animal By-Products Regulations 2005 ;
“the European Regulation” means Regulation (EC) No 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents as amended from time to time;
“official control samples” means samples taken by the Secretary of State under any of the following —
point 2.1.2.2 of the Annex to Commission Regulation (EC) No 1003/2005 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in breeding flocks of Gallus gallus and amending Regulation (EC) No 2160/2003 , as amended from time to time;
point 2.1 of the Annex to Commission Regulation (EC) No 1168/2006 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in laying flocks of Gallus gallus and amending Regulation (EC) No 1003/2005 , as amended from time to time; or
point 1(b) and (c) of the Annex to Commission Regulation (EC) No 646/2007 implementing Regulation 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in broiler flocks of Gallus gallus and repealing Regulation (EC) No 1091/2005 , as amended from time to time.
Fees
3
The fees prescribed in the Schedule must be paid to the Secretary of State by the person indicated in the Schedule and must be paid within 14 days of demand.
Revocation
4
The Zoonoses and Animal By-Products (Fees) (England) Regulations 2008 (No. 2) are revoked.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
9th July 2009
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
21st July 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 2) Order 2009 and comes into force on 15th April 2009.
2
In this Order —
“designate” means designate for the purposes of section 2(2), and similar expressions are to be construed accordingly;
“section 2(2)” means section 2(2) of the European Communities Act 1972;
“subordinate legislation” means orders, rules, regulations or schemes made under section 2(2).
Designation in relation to charges on vehicles
2
Each of the following is designated in relation to charges (including tolls) on vehicles —
a
the Secretary of State; and
b
the Welsh Ministers .
Relationship with other designations
3
1
This Order does not restrict the scope of any designation made by any other Order.
2
Where —
a
a Minister or department is designated by this Order, and
b
any other Minister or department is designated in relation to the same matter by this or any other Order,
any of them may make subordinate legislation in relation to that matter jointly.
3
In paragraph (2), “Minister or department” means —
a
a Minister of the Crown or government department, including a Northern Ireland Minister or Northern Ireland department, or
b
the Welsh Ministers .
Restrictions
4
1
Article 2(b) only designates the Welsh Ministers to make subordinate legislation that applies in relation to Wales, subject to paragraph (2).
2
Paragraph (1) does not apply where the subordinate legislation is made jointly with a Minister of the Crown or government department other than a Northern Ireland Minister or Northern Ireland department.
3
In paragraph (1), “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006 .
Judith Simpson
Clerk of the Privy Council