text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Flexible New Deal) Regulations 2009.
2
These Regulations come into force for the purposes of this regulation, regulation 2(2)(a), (3)(a), (b), (c), (8)(a), (c) and (10)(a) and (c) on 6th April 2009 in so far as those provisions relate to a Back to Work Session.
3
They come into force for all other purposes on 5th October 2009.
Amendment of the Jobseeker’s Allowance Regulations
2
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 1(3) (citation, commencement and interpretation) in the appropriate places insert the following definitions —
a
“Back to Work Session” means a seminar or appointment referred to as “a Back to Work Session” arranged by or on behalf of the Secretary of State, the purpose of which is to provide a person who attends with information, support and advice with a view to assisting him to find employment or to improve his chances of finding employment;
;
b
“the Flexible New Deal” means the employment programme specified in regulation 75(1)(a)(v);
.
3
In regulation 69 (prescribed period for the purposes of section 19(2)) —
a
in paragraph (1)(a), for “or (d)”substitute “, (d), (e) or (f)”;
b
in paragraph (1)(b) —
i
after “75(1)(a)(i)(bb)” insert “or a case which falls within sub-paragraph (f)”;
ii
in sub-paragraph (ii)(aa), after “regulation 75(1)(a)(iv)” insert “or the Flexible New Deal”;
iii
in sub-paragraph (ii)(cc), at the end omit “and”;
iv
at the end of sub-paragraph (ii)(cc), insert “; or” and the following head —
dd
where the determination in (i) above relates to the Flexible New Deal, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) or section 20A(2)(a) to (c) that relate to any element of that programme, and
.
c
after paragraph (1)(d) add —
e
26 weeks in any case (other than a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the employment programme known as “Gateway to Work” specified in regulation 75(1)(a)(i)(bb)) in which —
i
a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5) or section 20A(2)(a) to (c) and the determination relates to an act or omission arising after this regulation comes into force in respect of the Flexible New Deal; and
ii
on two or more previous occasions a jobseeker’s allowance has been determined not to be payable to the claimant in circumstances falling within section 19(5) or section 20A(2)(a) to (c) and each such determination relates to the Flexible New Deal; and
iii
no more than 12 months have elapsed between the beginning of the day on which the determination mentioned in (e)(i) above is made and the beginning of the first day on which a jobseeker’s allowance was not payable to the claimant as a result of the determination which most recently preceded it whether the preceding determination is either —
aa
a determination falling within sub-paragraph (b)(i) to which the circumstances in paragraph (b)(ii)(dd) apply; or
bb
itself an earlier determination falling within sub-paragraph (e)(i);
f
one week in a case where a jobseeker’s allowance is determined not to be payable in circumstances —
i
relating to a Back to Work Session; and
ii
falling within section 19(5)(a) or 20A(2)(a).
;
d
in paragraph (3) —
i
for “(1)(c) or (d)” substitute “(1)(c), (d) or (e)”;
ii
in sub-paragraph (c), after “regulation 75(1)(a)(iv)” insert “or the Flexible New Deal”.
e
for paragraph (4)(a) substitute —
a
begin on either —
i
the day specified in a notice by the Secretary of State as being the day on which the claimant is or was no longer required to participate in —
aa
any of the New Deal options,
bb
the Intensive Activity Period specified in regulation 75(1)(a)(iv), or
cc
the Flexible New Deal, or
ii
the day four weeks after the first day on which a jobseeker’s allowance was not payable as a result of the first determination mentioned in paragraph (3),
whichever is the later;
.
4
In regulation 73(2A)(a) (good cause for the purposes of section 19(5)(b)) , after “or (iv)” insert “or (v)”.
5
In regulation 75(1)(a) (interpretation) —
a
in head (iii), at the end omit “and”;
b
at the end of head (iv), insert “; and” and the following head —
v
the Flexible New Deal, being the programme known by that name and provided pursuant to arrangements made by the Secretary of State or on his behalf under section 2 of the Employment and Training Act 1973, which lasts for up to 78 weeks for any individual and consisting for that individual of one or more of the following elements —
aa
assisting in the completion of an action plan to record the activity that he will undertake whilst attending the programme in order to improve his employment prospects or to obtain employment;
bb
a work placement, training or other work-related activity lasting for a continuous period of at least four weeks;
cc
other work experience or training, guidance, support, motivation, assistance with job search or in pursuing self-employed earner’s employment or other activity designed to assist him to select, train for, obtain and retain suitable employment.
.
6
In regulation 105(10A)(c) (notional income) , at the end of (iii), insert “; or” and the following head —
iv
in the Flexible New Deal.
;
7
In regulation 113(3A)(b) (notional capital) , at the end of head (iii), insert “; or” and the following head —
iv
in the Flexible New Deal;
.
8
In regulation 140 (meaning of “person in hardship”) —
a
in paragraph (2) , after “or (4A)” insert “or (4B)”;
b
in paragraph (4A) , at the end insert “or to the Flexible New Deal.”;
c
after paragraph (4A), insert —
4B
In paragraph (2), a “person in hardship” does not include a claimant to whom section 19(5)(a) applies by virtue of any refusal or failure relating to a Back to Work Session.
.
9
In regulation 140A (period when a person is not a person in hardship) —
a
in paragraph (1)(a), after “75(1)(a)(iv)” insert “or in the Flexible New Deal”;
b
in paragraph (4), at the end add “or to the Flexible New Deal.”.
10
In regulation 146A (meaning of “couple in hardship”) —
a
in paragraph (2), for “or (5)” substitute “, (5) or (5A)”;
b
in paragraph (5), at the end add “or to the Flexible New Deal.”.
c
after paragraph (5), insert —
5A
In paragraph (2), a “couple in hardship” does not include a joint-claim couple where section 20A(2)(a) applies to either or both members by virtue of any refusal or failure relating to a Back to Work Session.
.
11
In regulation 146B (period when a joint-claim couple is not in hardship) —
a
in paragraph (1)(a), after “75(1)(a)(iv)” insert “or in the Flexible New Deal”;
b
in paragraph (4), at the end add “or to the Flexible New Deal.”.
12
In paragraph 13 of Schedule 2 (housing costs) (linking rule) —
a
in sub-paragraph (1)(ee)(i) , after “75(1)(a)(iv)” insert “or in the Flexible New Deal”;
b
in sub-paragraph (3A)(a) , after “employment zone programme”, insert “or in the Flexible New Deal”.
Amendments to the Housing Benefit and Council Tax Benefit Regulations
3
1
This regulation applies to the following provisions —
a
regulations 42(7)(c) (notional income) and 49(4)(b) (notional capital) of the Housing Benefit Regulations 2006; and
b
regulations 32(7)(c) (notional income) and 39(4)(b) (notional capital) of the Council Tax Benefit Regulations 2006.
2
Each of the provisions to which this regulation applies are amended as follows —
a
in head (iii), omit “or”;
b
at the end of head (iv), insert “; or” and the following head —
v
in the Flexible New Deal specified in regulation 75(1)(a)(v) of those Regulations;
Amendments to the Housing Renewal Grants Regulations
4
1
The Housing Renewal Grants Regulations 1996 are amended as follows.
2
In paragraph 11(d) of Schedule 3 (sums to be disregarded in the calculation of income other than earnings) , after the words “50 Plus” insert “or in the Flexible New Deal specified in regulation 75(1)(a)(v) of the Jobseeker’s Allowance Regulations 1996”.
Signed by authority of the Secretary of State for Work and Pensions.
Tony McNulty
Minister of State,
Department for Work and Pensions
3rd March 2009


type: legislation

jurisdiction: UK

text:
PART 1 INTRODUCTORY
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) Regulations 2009 and shall come into force on 15th October 2009.
Revocation
2
The Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) Regulations 2007 and The Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) (Amendment) Regulations 2007 are hereby revoked.
Interpretation
3
In these regulations —
“automotive vehicle” has the meaning given for “vehicle” by Article 2 of Council Directive 70/156/ EEC of 6 February 1970 on the approximation of the laws of the Member States
relating to the type-approval of motor vehicles and their trailers ;
“building material analysis equipment” means a field disturbance sensor that is designed to detect the location of objects within a building structure or to determine the physical properties of building material;
“ dB ” means decibel;
“ dBm ” means decibels of power referenced to one milliWatt;
“ dBm/MHz ” means decibels of power referenced to one milliWatt per megahertz;
“ e.i.r.p. ” means equivalent isotropic radiated power;
“equivalent transmission level” means the peak level of transmission contained within a bandwidth which is other than 50 MHz , centred on the frequency at which the highest mean radiated power occurs, and which is the relevant maximum peak e.i.r.p. scaled down by a factor of 20log(50/x)dB, where “x” is the bandwidth expressed in MHz;
“ GHz ” means gigahertz;
“harmonised standards” has the meaning given in regulation 7(1)(a);
“indoors” means inside buildings or places in which the shielding will typically provide the necessary attenuation to protect wireless telegraphy against harmful interference;
“low duty cycle mitigation technique” means a technique which is used to limit the length of time of transmissions made from ultra-wideband equipment;
“mean e.i.r.p. density” means the mean e.i.r.p. measured with a 1 MHz resolution bandwidth, a root-mean-square detector and an averaging time of one millisecond or less;
“MHz” means megahertz;
“peak e.i.r.p. density” means the peak e.i.r.p. contained within a 50 MHz bandwidth centred on the frequency at which the highest mean radiated power occurs;
“radiated into the air” means, in relation to a signal, those parts of the signal emitted by ultra-wideband equipment which are not absorbed by shielding or by material under investigation;
“railway vehicle” has the meaning given by Article 3 of Regulation (EC) No 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail transport statistics ;
“the Act” means the Wireless Telegraphy Act 2006;
“total radiated power density” means the average of the values of the mean e.i.r.p. density measured at points in a sphere around an item of building material analysis equipment, where there is at least 15 degrees between each measurement point;
“transmitter power control mechanism” means a mechanism that mitigates interference arising from the aggregate power from a number of items of ultra-wideband equipment by reducing the amount of power necessary for those apparatus to operate; and
“ultra-wideband equipment” means a wireless telegraphy station or wireless telegraphy apparatus incorporating, as an integral part or as an accessory, technology for short-range radiocommunication involving the intentional generation and transmission of radio-frequency energy that spreads over a frequency range wider than 50 MHz, which may overlap several frequency bands allocated to wireless telegraphy.
PART 2 GENERAL USE OF ULTRA-WIDEBAND EQUIPMENT
Exemption
4
The establishment, installation or use of ultra-wideband equipment complying with the terms, provisions and limitations in regulation 5 is hereby exempt from the provisions of section 8(1) of the Act.
Terms, provisions and limitations
5
1
The exemption provided for in regulation 4 shall apply to ultra-wideband equipment which complies with the requirements of paragraphs (2) to (4) of this regulation.
2
The ultra-wideband equipment must be used —
a
indoors; or
b
other than indoors provided it is not —
i
attached to a fixed installation;
ii
attached to fixed infrastructure;
iii
attached to a fixed outdoor antenna; or
iv
attached to, or used in, an automotive vehicle or a railway vehicle.
3
The ultra-wideband equipment must not cause or contribute to undue interference to other users of the electromagnetic spectrum.
4
The ultra-wideband equipment must —
a
emit transmissions which are in accordance with the condition in regulation 6; or
b
operate using mitigation techniques described in regulation 7 to reduce interference to other users of the electromagnetic spectrum.
Transmission limits
6
The condition referred to in regulation 5(4)(a) is that the ultra-wideband equipment only emits transmissions which —
a
in frequencies up to 1.6 GHz when measured in any direction have —
i
a maximum mean e.i.r.p. density no greater than -90.0 dBm/MHz; and
ii
a maximum peak e.i.r.p. density no greater than -50.0 dBm or the equivalent transmission level;
b
in the frequency band 1.6 GHz to 2.7 GHz when measured in any direction have —
i
a maximum mean e.i.r.p. density no greater than -85.0 dBm/MHz; and
ii
a maximum peak e.i.r.p. density no greater than -45.0 dBm or the equivalent transmission level;
c
in the frequency band 2.7 GHz to 3.4 GHz when measured in any direction have —
i
a maximum mean e.i.r.p. density no greater than -70.0 dBm/MHz; and
ii
a maximum peak e.i.r.p. density no greater than -36.0 dBm or the equivalent transmission level;
d
in the frequency band 3.4 GHz to 3.8 GHz when measured in any direction have —
i
a maximum mean e.i.r.p. density no greater than -80.0 dBm/MHz; and
ii
a maximum peak e.i.r.p. density no greater than -40.0 dBm or the equivalent transmission level;
e
in the frequency band 3.8 GHz to 4.2 GHz when measured in any direction have —
i
a maximum mean e.i.r.p. density no greater than -70.0 dBm/MHz; and
ii
a maximum peak e.i.r.p. density no greater than -30.0 dBm or the equivalent transmission level;
f
in the frequency band 4.2 GHz to 4.8 GHz when measured in any direction have —
i
a maximum mean e.i.r.p. density no greater than -41.3 dBm/MHz; and
ii
a maximum peak e.i.r.p. density no greater than 0.0 dBm or the equivalent transmission level;
g
in the frequency band 4.8 GHz to 6.0 GHz when measured in any direction have —
i
a maximum mean e.i.r.p. density no greater than -70.0 dBm/MHz; and
ii
a maximum peak e.i.r.p. density no greater than -30.0 dBm or the equivalent transmission level;
h
in the frequency band 6.0 GHz to 8.5 GHz when measured in any direction have —
i
a maximum mean e.i.r.p. density no greater than -41.3 dBm/MHz; and
ii
a maximum peak e.i.r.p. density no greater than 0.0 dBm or the equivalent transmission level;
i
in the frequency band 8.5 GHz to 10.6 GHz when measured in any direction have —
i
a maximum mean e.i.r.p. density no greater than -65.0 dBm/MHz; and
ii
a maximum peak e.i.r.p. density no greater than -25.0 dBm or the equivalent transmission level; and
j
in frequency bands above 10.6 GHz when measured in any direction have —
i
a maximum mean e.i.r.p. density no greater than -85.0 dBm/MHz; and
ii
a maximum peak e.i.r.p. density no greater than -45.0 dBm or the equivalent transmission level.
Mitigation techniques
7
1
The mitigation techniques referred to in regulation 5(4)(b) are —
a
techniques for mitigating interference described in harmonised standards for ultra-wideband equipment whose reference numbers have been published in the Official Journal of the European Union under Article 5 of Council Directive 1999/5/ EC on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (“harmonised standards”); or
b
techniques for mitigating interference which achieve at least an equivalent level of protection from interference to other users of the electromagnetic spectrum as that provided by the condition in regulation 6.
2
The techniques that may be used under regulation 7(1)(b) for equipment operating in the frequency band 3.1 GHz to 4.8 GHz include a low duty cycle mitigation technique which results in transmissions which —
a
when measured in any direction, have a maximum mean e.i.r.p. density no greater than
-41.3 dBm/MHz;
b
do not exceed five milliseconds in duration;
c
for any second, the sum of all transmitted signals is less than 5% of that second;
d
for any hour, the sum of all transmitted signals is less than 0.5% of that hour; and
e
have a maximum peak e.i.r.p. density no greater than 0.0 dBm or the equivalent transmission level.
3
The techniques that may be used under regulation 7(1)(b) also include, for equipment operating in the frequency band 3.1 GHz to 4.8 GHz or in the frequency band 8.5 GHz to 9.0 GHz, a technique for detecting other transmissions and avoiding interference with those transmissions (described in harmonised standards) which results in transmissions which —
a
when measured in any direction, have a maximum mean e.i.r.p. density no greater than
-41.3 dBm/MHz; and
b
have a maximum peak e.i.r.p density no greater than 0.0 dBm or the equivalent transmission level.
PART 3 USE OF ULTRA-WIDEBAND EQUIPMENT IN AUTOMOTIVE VEHICLES AND RAILWAY VEHICLES
Exemption
8
The establishment, installation or use of ultra-wideband equipment complying with the terms, provisions and limitations in regulation 9 is hereby exempt from the provisions of section 8(1) of the Act.
Terms, provisions and limitations
9
1
The exemption provided for in regulation 8 shall apply to ultra-wideband equipment which complies with the requirements of paragraphs (2) to (4) of this regulation.
2
The ultra-wideband equipment must be used in an automotive vehicle or in a railway vehicle.
3
The ultra-wideband equipment must not cause or contribute to undue interference to other users of the electromagnetic spectrum.
4
The ultra-wideband equipment must —
a
emit transmissions which are in accordance with the condition in regulation 10; or
b
operate using mitigation techniques described in regulation 11 to reduce interference to other users of the electromagnetic spectrum.
Transmission limits
10
The condition referred to in regulation 9(4)(a) is that the ultra-wideband equipment only emits transmissions —
a
which —
i
in frequencies up to 4.2 GHz;
ii
in the frequency band 4.8 GHz to 6.0 GHz; and
iii
in frequencies above 8.5 GHz;
when measured in any direction, have a maximum mean e.i.r.p. density and a maximum peak e.i.r.p. density no greater than the limits prescribed for those frequencies in regulation 6; and
b
which in the frequency band 4.2 GHz to 4.8 GHz and in the frequency band 6.0 GHz to 8.5 GHz —
i
when measured in any direction, have a maximum mean e.i.r.p. density no greater than -41.3 dBm/MHz provided that —
aa
a transmitter power control mechanism of at least 12 dB is used to mitigate interference that provides at least equivalent performance to techniques described in harmonised standards; and
bb
the maximum peak e.i.r.p. density is no greater than 0.0 dBm or the equivalent transmission level; or
ii
when measured in any direction have a maximum mean e.i.r.p. density no greater than -53.3 dBm/MHz and a maximum peak e.i.r.p. density no greater than 0.0 dBm or the equivalent transmission level.
Mitigation techniques
11
1
The mitigation techniques referred to in regulation 9(4)(b) are —
a
techniques for mitigating interference described in harmonised standards; or
b
techniques for mitigating interference which achieve at least an equivalent level of protection from interference to other users of the electromagnetic spectrum as that provided by the condition in regulation 10.
2
The mitigation techniques that may be used under regulation 11(1)(b) for equipment operating in the frequency band 3.1 GHz to 4.8 GHz include a low duty cycle mitigation technique which results in transmissions which —
a
when measured in any direction, have a maximum mean e.i.r.p. density no greater than
-41.3 dBm/MHz;
b
do not exceed five milliseconds in duration;
c
in any second, the sum of all transmitted signals is less than 5% of that second;
d
in any hour, the sum of all transmitted signals is less than 0.5% of that hour; and
e
have a maximum peak e.i.r.p. density no greater than 0.0 dBm or the equivalent transmission level.
3
The mitigation techniques that may be used under regulation 11(1)(b) also include, for equipment operating in the frequency band 3.1 GHz to 4.8 GHz or in the frequency band 8.5 GHz to 9.0 GHz, a technique for detecting other transmissions and avoiding interference with those transmissions (described in harmonised standards) which results in transmissions which —
a
when measured in any direction, have a maximum e.i.r.p. density no greater than -41.3 dBm/MHz provided that —
i
a transmitter power control mechanism of at least 12 dB is used to mitigate interference; and
ii
the maximum peak e.i.r.p. density is no greater than 0.0 dBm or the equivalent transmission level; or
b
when measured in any direction, have a maximum e.i.r.p. density no greater than -53.3 dBm/MHz.
PART 4 USE OF ULTRA-WIDEBAND EQUIPMENT FOR BUILDING MATERIAL ANALYSIS
Exemption
12
The establishment, installation or use of ultra-wideband equipment complying with the terms, provisions and limitations in regulation 13 is hereby exempt from the provisions of section 8(1) of the Act.
Terms, provisions and limitations
13
1
The exemption provided for in regulation 12 shall apply to ultra-wideband equipment which is also building material analysis equipment and which complies with the requirements of paragraphs (2) and (3) of this regulation.
2
The ultra-wideband equipment must not cause or contribute to undue interference to other users of the electromagnetic spectrum.
3
The ultra-wideband equipment must only emit signals that are radiated into the air which —
a
in the frequencies up to 1.215 GHz when measured in any direction have —
i
a maximum mean e.i.r.p. density no greater than -85.0 dBm/MHz; and
ii
a maximum peak e.i.r.p. density no greater than -45.0 dBm or the equivalent transmission level;
b
in the frequency band 1.215 GHz to 1.73 GHz when measured in any direction —
i
have a maximum mean e.i.r.p. density —
aa
no greater than -85.0 dBm/MHz; or
bb
no greater than -70.0 dBm/MHz provided that techniques are used to mitigate interference to other users of the electromagnetic spectrum which provide at least equivalent performance to techniques described in harmonised standards; and
ii
have a maximum peak e.i.r.p. density no greater than -45.0 dBm or the equivalent transmission level;
c
in the frequency band 1.73 GHz to 2.2 GHz when measured in any direction have —
i
a maximum mean e.i.r.p. density no greater than -65.0 dBm/MHz; and
ii
a maximum peak e.i.r.p. density no greater than -25.0 dBm or the equivalent transmission level;
d
in the frequency band 2.2 GHz to 2.5 GHz when measured in any direction have —
i
a maximum mean e.i.r.p. density no greater than -50.0 dBm/MHz; and
ii
a maximum peak e.i.r.p. density no greater than -10.0 dBm or the equivalent transmission level;
e
in the frequency band 2.5 GHz to 2.69 GHz when measured in any direction —
i
have a maximum mean e.i.r.p. density —
aa
no greater than -65.0 dBm/MHz; or
bb
no greater than -50.0 dBm/MHz provided that techniques are used to mitigate interference to other users of the electromagnetic spectrum which provide at least equivalent performance to techniques described in harmonised standards; and
ii
have a maximum peak e.i.r.p. density no greater than -25.0 dBm or the equivalent transmission level;
f
in the frequency band 2.69 GHz to 2.7 GHz when measured in any direction have —
i
a maximum mean e.i.r.p. density no greater than -55.0 dBm/MHz;
ii
a maximum peak e.i.r.p. density no greater than -15.0 dBm or the equivalent transmission level; and
iii
a maximum total radiated power density below -65.0 dBm/MHz;
g
in the frequency band 2.7 GHz to 3.4 GHz when measured in any direction —
i
have a maximum mean e.i.r.p. density —
aa
no greater than -82.0 dBm/MHz; or
bb
no greater than -50.0 dBm/MHz provided that techniques are used to mitigate interference to other users of the electromagnetic spectrum which provide at least equivalent performance to techniques described in harmonised standards; and
ii
have a maximum peak e.i.r.p. density no greater than -42.0 dBm or the equivalent transmission level;
h
in the frequency band 3.4 GHz to 4.8 GHz when measured in any direction have —
i
a maximum mean e.i.r.p. density no greater than -50.0 dBm/MHz; and
ii
a maximum peak e.i.r.p. density no greater than -10.0 dBm or the equivalent transmission level;
i
in the frequency band 4.8 GHz to 5.0 GHz when measured in any direction have —
i
a maximum mean e.i.r.p. density no greater than -55.0 dBm/MHz;
ii
a maximum peak e.i.r.p. density no greater than -15.0 dBm or the equivalent transmission level; and
iii
a maximum total radiated power density below -65.0 dBm/MHz;
j
in the frequency band 5.0 GHz to 8.0 GHz when measured in any direction have —
i
a maximum mean e.i.r.p. density no greater than -50.0 dBm/MHz; and
ii
a maximum peak e.i.r.p. density no greater than -10.0 dBm or the equivalent transmission level;
k
in the frequency band 8.0 GHz to 8.5 GHz when measured in any direction have —
i
a maximum mean e.i.r.p. density no greater than -70.0 dBm/MHz; and
ii
a maximum peak e.i.r.p. density no greater than -30.0 dBm or the equivalent transmission level; and
l
in the frequency bands above 8.5 GHz when measured in any direction have —
i
a maximum mean e.i.r.p. density no greater than -85.0 dBm/MHz; and
ii
a maximum peak e.i.r.p. density no greater than -45.0 dBm or the equivalent transmission level.
Ed Richards
Chief Executive of the Office of Communications
For and by authority by the Office of Communications
16th September 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Quality Contracts Schemes (QCS Boards) (England) Regulations 2009 and come into force on 11th January 2010.
2
These Regulations apply to England only .
Interpretation
2
1
In these Regulations —
“board” means a QCS board ; and
“scheme” means a quality contracts scheme .
2
References in these Regulations to numbered sections are, except where a contrary indication appears, references to the corresponding numbered sections in the Transport Act 2000.
3
Any period of days prescribed in these Regulations is to be calculated excluding any day which is Christmas Day, Good Friday, or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 .
Procedure for giving written notice
3
1
Where, by virtue of any provision in these Regulations, notice is required to be given in writing to any person, except where the only requirement is for the notice to be published in a newspaper, notice may be given by —
a
delivering it to the person by hand;
b
delivering it by post to the proper address of the person;
c
leaving it at the proper address of the person;
d
transmitting it, subject to paragraph (2), in electronic format to the proper address of the person; or
e
any other means as may be agreed between the person giving notice and the intended recipient.
2
Written notice may be transmitted in electronic format only where the intended recipient —
a
has indicated to the person giving notice, and has not subsequently withdrawn the indication, that receipt of notices in electronic format will be accepted; and
b
has provided the person giving notice with the fax number, e-mail address or other electronic address to which such notices may be sent.
3
For the purposes of this regulation —
a
the proper address of a person who has provided the person giving notice with an address for postal service or hand delivery is that address in relation to postal service or hand delivery;
b
the proper address of a person who has provided the person giving notice with an electronic address described in paragraph (2)(b) is that address in relation to transmission in electronic format;
c
the proper address of a person who has provided the person giving notice with an address for the service of notices by any other means is that address in relation to such other means; and
d
the proper address of a person to whom sub-paragraphs (a) to (c) do not apply is —
i
in the case of a corporation, the registered or principal office of the corporation; and
ii
in any other case, the last known address of the person.
Designation of Commissioner
4
1
The prescribed period for the purposes of section 126A(5)(a) and (b) (period within which Commissioner to be designated and authority notified) is 28 days, beginning with the date on which a notice sent by the authority or authorities by virtue of section 125(1)(d) (notice of proposed scheme) is received by the senior traffic commissioner.
2
Notice of the designation must be given to the authority or authorities in writing.
3
The prescribed period for the purposes of section 126A(5)(c) (period within which notice of designation must be published) is 14 days beginning with the date on which written notice was given by virtue of paragraph (2).
4
Notice of the designation must be published —
a
in at least one newspaper circulating in the area to which the proposed scheme relates; and
b
in such other ways as the senior traffic commissioner considers appropriate for the purpose of informing operators of local services and other interested persons about the designation.
5
Notice given or published by virtue of section 126A(5)(b) or (c) must —
a
include reference to the right of any person to request advice from the board under section 126B(2) (advice by boards or their Commissioners) about matters of a procedural nature; and
b
include the information necessary to enable any person wishing to make such a request to contact the board for advice.
Designation by the Secretary of State
5
1
If, by virtue of section 126A(9) (inability of senior traffic commissioner to act), the Secretary of State discharges the duties of the senior traffic commissioner under section 126A(5), regulation 4 applies to the Secretary of State as it applies to the senior traffic commissioner, with the modification specified in paragraph (2).
2
The modification is that the reference in regulation 4(1) to the date on which a notice sent by the authority or authorities by virtue of section 125(1)(d) is received is to be read as a reference to the date on which the Secretary of State becomes aware —
a
that notice has been given by the authority or authorities to the senior traffic commissioner by virtue of section 125(1)(d), and
b
that the senior traffic commissioner is unable to discharge the duties conferred by virtue of section 126A(5),
whichever is the later.
Designation of other board members
6
1
The senior traffic commissioner must, no later than the date prescribed in paragraph (2), designate the persons who are to be members of a board by virtue of section 126A(3)(b) (appointment of board members from panel).
2
The date is —
a
28 days before the date specified in accordance with section 125(1A)(f) (date by which written responses to consultation document must be submitted to authority), or
b
28 days after the designation of the Commissioner by virtue of section 126A(5)(a),
whichever is the later.
3
In designating the persons who are to be members of a board in accordance with this regulation the senior traffic commissioner, having regard to the matters described in paragraph (4), must select the persons whom the senior traffic commissioner considers most appropriate in all the circumstances of the particular case.
4
The matters are —
a
the range of expertise needed by board members, taken together, to carry out the functions of the board effectively in relation to the proposed scheme in respect of which the board is to be constituted;
b
the availability of potential board members to perform the expected volume of work in the period between the designation of board members and the expected conclusion of the work of the particular board in question;
c
the ability of potential board members to act impartially in respect of any particular proposed scheme; and
d
such other matters as the senior traffic commissioner considers appropriate.
5
The senior traffic commissioner must, within the period prescribed in paragraph (6), give notice of the designation —
a
in writing to the authority or authorities who gave notice by virtue of section 125(1)(d);
b
in at least one newspaper circulating in the area to which the proposed scheme relates; and
c
in such other ways as the senior traffic commissioner considers appropriate for the purpose of informing operators of local services and other interested persons about the designation.
6
The period is 14 days beginning with the date on which members are designated in accordance with paragraph (1).
7
If the senior traffic commissioner is unable to carry out the functions assigned by virtue of this regulation and regulation 7, and no other traffic commissioner has been appointed to act as deputy for the senior traffic commissioner under section 4A(5) of the Public Passenger Vehicles Act 1981 (deputy for the senior traffic commissioner) , those functions are to be carried out by the Commissioner designated by virtue of section 126A(5)(a).
Incapacity of member of board
7
1
If, at any time after the constitution of a board, a member of the board becomes unable to discharge the duties assigned to members of the board the senior traffic commissioner may, if the senior traffic commissioner considers it appropriate to do so, appoint a replacement member.
2
In appointing a person to replace a member of the board appointed by virtue of section 126A(3)(b), the senior traffic commissioner must comply with regulation 6(3).
3
The senior traffic commissioner —
a
must, where the replacement member is the Commissioner, give notice of the appointment within the period and in the manner prescribed in regulation 4(2) to (4); and
b
must, where the replacement member is a member other than the Commissioner, give notice of the appointment within the period and in the manner prescribed in regulation 6(5) and (6).
Advice by boards
8
1
This regulation applies if the board gives advice of a procedural nature in accordance with section 126B.
2
Subject to regulation 14, as soon as reasonably practicable after giving the advice referred to in paragraph (1), the Commissioner must publish a notice in accordance with this regulation.
3
The notice referred to in paragraph (2) —
a
must contain a statement that advice has been given by virtue of section 126B(2);
b
must identify the person to whom the advice has been given;
c
must, where the request has been made by a person other than the authority or authorities proposing to make the scheme, be given to the authority or authorities;
d
must be published in at least one newspaper circulating in the area to which the proposed scheme relates; and
e
must be published in such other ways as the Commissioner considers appropriate for the purpose of informing operators of local services and other interested persons that advice has been given in accordance with section 126B(2).
4
The notice referred to in paragraph (2) must —
a
contain the request for advice and the advice given; or
b
summarise the request for advice and the advice given and state where or how a copy of the request and the advice may be inspected or obtained.
Request for board to perform functions
9
1
The board must acknowledge receipt of a request from an authority or authorities under section 126C(4) (request for board to begin consideration of proposed scheme) within 14 days, beginning with the date on which the request is received, by issuing a notice to the authority or authorities in accordance with paragraph (2).
2
The notice must be issued in writing and include —
a
the date on which the request was received by the board; and
b
the date by which the board expects to give notice, in accordance with section 126D(5) (board to give notice of opinions, recommendations and reasons) , to the authority or authorities proposing to make the scheme.
Further request for board to perform functions
10
1
This regulation applies if the authority or authorities send the board a further request under section 126C(4), by virtue of section 126C(6) (further request following modification of proposed scheme).
2
The authority or authorities must send with the further request —
a
information about any further consultation which the authority or authorities have undertaken in respect of the modifications to the proposed scheme;
b
copies of any written responses received from persons consulted about the modifications; and
c
information about any representations made orally at meetings or other events held by the authority or authorities in respect of the modifications.
3
A further request from an authority or authorities must be acknowledged by the board in accordance with regulation 9.
Consideration of proposed scheme by boards: evidence
11
1
This regulation applies where a request has been sent to the board in accordance with section 126C(4).
2
The board may invite —
a
the authority or authorities proposing to make the scheme, and
b
any person consulted in accordance with section 125(3) (persons to be consulted about proposed scheme),
to present evidence to the board in the manner described in paragraph (3).
3
The board may invite the persons described in paragraph (2) to do either or both of the following —
a
submit written evidence to the board,
b
give oral evidence to the board,
on such matters as the board may specify.
4
Where an invitation is given by virtue of paragraph (3)(a) to any person other than the authority or authorities proposing to make the scheme the recipient of the invitation must, if submitting evidence to the board, send a copy of the evidence to the authority or authorities proposing to make the scheme.
5
Following publication of a request in accordance with section 126C(5)(a) (publication of request for board to begin consideration of proposed scheme) any person may request an opportunity to present oral evidence to the board.
6
A request under paragraph (5) must —
a
be submitted to the board within 14 days beginning with the date on which the request is published in accordance with section 126C(5)(a); and
b
contain a summary of the oral evidence which the person wishes to present.
7
Subject to regulation 12, if a request to present oral evidence is submitted in accordance with paragraph (5) by —
a
a person operating local services in the area to which the proposed scheme relates,
b
the authority or authorities proposing to make the scheme, or
c
a person who was not consulted under section 125(3) but who, in the opinion of the board following submission of a request under paragraph (5), ought to have been so consulted,
the board must hold an oral evidence session.
8
Where a request to present oral evidence is submitted by a person other than a person described in paragraph (7), the board may hold an oral evidence session.
9
Where more than one request to present oral evidence is submitted to the board in relation to any proposed scheme, the board may hold a single oral evidence session in response to those requests.
10
Where the board is to hold an oral evidence session the board must —
a
give written notice of the date, time and location of the oral evidence session to —
i
any person from whom the board has invited evidence in accordance with paragraph (2); and
ii
any person who has made a request in accordance with paragraph (5); and
b
give notice of the date, time and location of the oral evidence session in at least one newspaper circulating in the area to which the proposed scheme relates.
11
The board may determine the procedure to be followed in an oral evidence session and in particular may —
a
determine the way in which oral evidence is to be presented;
b
impose time limits on the presentation of oral evidence;
c
direct, where two or more parties make a request to submit evidence on a particular issue, that evidence is to be submitted by one party only on behalf of all of them; and
d
decline to hear evidence or submissions which could have been submitted to the authority or authorities proposing to make the scheme in response to the consultation document published by virtue of section 125(1)(a) (requirement to publish consultation document).
12
Subject to regulation 14, oral evidence sessions must be held in public.
Consideration of modified scheme by board
12
1
This regulation applies if —
a
an oral evidence session has been held by virtue of regulation 11; and
b
a further request is sent to the board under section 126C(4), by virtue of section 126C(6), after the oral evidence session described in sub-paragraph (a) has taken place.
2
The board may invite —
a
the authority or authorities proposing to make the scheme,
b
any person consulted in accordance with section 125(3), or
c
any other person who presented oral evidence to the board by virtue of regulation 11,
to present evidence to the board in the manner described in paragraph (3).
3
The board may invite the persons described in paragraph (2) to do either or both of the following —
a
submit written evidence to the board,
b
give oral evidence to the board,
on such matters as the board may specify in the invitation in relation to the proposed scheme as modified.
4
Where this regulation applies, regulation 11(7) (obligation to hold oral evidence session) does not apply.
Time limits
13
1
A board should normally publish its report under section 126D(5) within the period prescribed in paragraph (2) or, as the case may be, paragraph (3).
2
Except where paragraph (3) applies, the period is —
a
42 days beginning with the date on which the board receives a written request under section 126C(4),
b
42 days beginning with the date on which the board receives a further written request under section 126C(4), by virtue of section 126C(6), or
c
56 days beginning with the date on which the board receives the information prescribed in section 126C(2) (information to be sent to board after consultation),
whichever is the period which ends last.
3
Where —
a
the board has published a report in accordance with section 126D(5) in response to a request under section 126C(4), and the authority or authorities proposing to make the scheme submit a further request under that subsection, by virtue of section 126C(6), for the board to exercise its functions in relation to the proposed scheme as modified,
b
the only modifications to the proposed scheme since the publication of the report of the board referred to in sub-paragraph (a) have been made in response to that report, and
c
the request under section 126C(4), submitted by virtue of section 126C(6), includes a statement from the authority or authorities proposing to make the scheme that the scheme has been modified only to the extent described in sub-paragraph (b),
the period is 28 days beginning with the date on which the further request is submitted.
Protection of confidential material
14
1
This regulation applies to any information —
a
submitted or presented to the authority or authorities proposing to make the scheme in response to consultation carried out by virtue of section 125(3),
b
sent by the authority or authorities proposing to make the scheme to the board under section 126C(2),
c
submitted to the board following an invitation from the board under regulation 11(3)(a) or, as the case may be, regulation 12(3)(a), or
d
presented to the board in an oral evidence session held by virtue of regulation 11 or, as the case may be, regulation 12(3)(b),
to which the circumstances described in paragraph (2) apply.
2
The circumstances are that —
a
the person who supplied the information to the authority or authorities proposing to make the scheme or, as the case may be, to the board has requested that the information be held in confidence; and
b
a person would not be entitled to the information in response to a request made in accordance with the Freedom of Information Act 2000 by virtue of the application of the exemptions in section 41 (information provided in confidence) or 43 (commercial interests) of that Act .
3
Information to which this regulation applies must not, except in the circumstances prescribed in paragraph (4), be —
a
included in any interim report published by the board by virtue of regulation 15,
b
included in any report published by the board by virtue of section 126D(5), or
c
disclosed to any other party by the authority or authorities proposing to make the scheme or, as the case may be, the board,
without the consent of the person who supplied the information.
4
Nothing in this regulation affects —
a
the obligation imposed on the authority or authorities proposing to make the scheme by section 126C(2);
b
the obligation imposed on any person submitting evidence to the board by virtue of regulation 11(4) (obligation to copy evidence to authority);
c
any obligation on the authority or authorities proposing to make the scheme or, as the case may be, the board to disclose information in order to comply with an order of a court or a tribunal.
5
If —
a
the board holds an oral evidence session in accordance with regulation 11 or 12(3)(b), and
b
information to which the circumstances described in paragraph (2) apply is likely to be disclosed at that session,
the board must exclude persons other than representatives of the authority or authorities proposing to make the scheme from the part of the session at which such information is likely to be disclosed.
Interim reports
15
1
Following receipt of a request under section 126C(4) the board may, before publishing a report under section 126D(5), publish an interim report.
2
Where the board publishes an interim report in accordance with paragraph (1) the board must —
a
send a copy of the interim report to the authority or authorities proposing to make the scheme; and
b
publish a notice in such manner as the board considers appropriate for the purpose of informing operators of local services and other interested parties that an interim report has been published and stating where or how a copy of the report may be inspected or obtained.
Signed by authority of the Secretary of State
Sadiq Khan
Minister of State
Department for Transport
7th December 2009


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Personal Injuries ( NHS Charges) Amendment Regulations 2009 and shall come into force on 1st April 2009.
2
These Regulations apply in relation to England and Wales.
3
In these Regulations —
“certificate” means a certificate of NHS charges issued under section 151 of the Health and Social Care (Community Health and Standards) Act 2003;
“the principal Regulations ” means the Personal Injuries (NHS Charges) (Amounts) Regulations 2007 ;
“the 2006 Regulations ” means the Personal Injuries (NHS Charges) (General) and Road Traffic (NHS Charges) (Amendment) Regulations 2006 .
Amendment of the principal Regulations
2
The principal Regulations are amended in accordance with Schedule 1.
Amendment of the 2006 Regulations
3
The 2006 Regulations are amended in accordance with Schedule 2.
Saving
4
Notwithstanding regulation 2, the principal Regulations shall continue to have effect in respect of a certificate relating to an injury which occurred before 1st April 2009 as if the amendments made under paragraph 1 of Schedule 1 had not been made.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
18th February 2009


text:
Citation and commencement
1
These Regulations may be cited as the Childcare (Fees) (Amendment) Regulations 2009 and come into force on 1st September 2009.
Amendments to the Childcare (Fees) Regulations 2008
2
1
The Childcare (Fees) Regulations 2008 are amended as follows.
2
In regulation 3, for “£25”, substitute “£30”.
3
In regulation 4 —
a
in sub-paragraph (a), for “£25”, substitute “£30”;
b
in sub-paragraph (b), for “£180”, substitute “£200”.
4
In regulation 9(2), for “£25”, substitute “£30”.
5
In regulation 10 —
a
in paragraph (2), for “£25”, substitute “£30”;
b
in paragraph (3), for “£180”, substitute “£200”.
Dawn Primarolo
Minister of State
Department for Children, Schools and Families
16th June 2009


text:
Citation and commencement
1
1
This Order may be cited as the Financial Restrictions Proceedings (UN Terrorism Orders) Order 2009.
2
This Order, except article 2(2), comes into force on 10th August 2009.
3
Article 2(2) comes into force on 31st August 2010.
Amendment to the Counter-Terrorism Act 2008
2
1
Section 64(1) of the Counter-Terrorism Act 2008 (UN terrorism orders) is amended as follows.
2
Omit paragraphs (a) and (c).
3
After paragraph (d) insert —
e
the Terrorism (United Nations Measures) Order 2009 ( S.I. 2009/1747 ).
Frank Roy
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
16th July 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Identity Cards Act 2006 (Prescribed Information) Regulations 2009 and shall come into force on the day after the day on which they are made.
2
In these Regulations –
“ 2006 Act ” means the Identity Cards Act 2006;
“chartered psychologist” means a person for the time being listed in the British Psychological Society’s Register of Chartered Psychologists;
“cryptographic key pair” means a unique pair of mathematically linked digital values which consists of a private key element and a corresponding public key element that are used to verify the authenticity of an ID card’s chip or an ID card reader;
“digital signature” means a unique code created from certain items of information recorded on an individual’s ID card, which confirms that the information was placed on the card’s chip by the issuer of the card and that it has not been modified since signing;
“document signing certificate” means an electronic certificate which confirms that the digital signature is valid;
“ EEA national ” means a national of an EEA State ;
“EEA State” means –
A Member State, other than the United Kingdom;
Norway, Iceland or Liechtenstein; or
Switzerland;
“Identification card” means –
an ID card issued to an EEA national;
an ID card issued to a family member of an EEA national with a right to reside under the Immigration (European Economic Area) Regulations 2006 ;
an ID card issued to an individual in respect of whom there is in force -
a banning order within the meaning of section 14 of the Football Spectators Act 1989 ;
a travel restriction order within the meaning of section 33 of the Criminal Justice and Police Act 2001 ; or
any other requirement imposed by a court to surrender that individual’s passport or ID card to the police or other authority;
an ID card issued to an individual who owes money to the United Kingdom government for repatriation or any other form of consular relief;
an ID card issued to an individual who comes within a category of persons which has been notified to Parliament as one in respect of whom the Secretary of State will refuse passport facilities; and
an additional ID card issued to an individual who has a need to live at least part of their life in a gender other than the gender recorded on their current birth certificate where that need has been corroborated by evidence from a registered medical practitioner or a chartered psychologist practising in the field of gender dysphoria;
“public key element of a cryptographic key pair” means the cryptographic value which can be used to encrypt data for decryption solely by corresponding private keys or to verify a digital signature created using corresponding private keys;
“title of nobility” means a title held by –
a member of the royal family or of the House of Lords or a person whose name appears on the Roll of the Peerage established by Royal Warrant signed on 1 st June 2004;
a person whose title has been acquired by virtue of being a member of the family of a person within sub-paragraph (a);
a holder of a knighthood or baronetcy;
a person whose title has been acquired by virtue of being the wife of a person within sub-paragraph (c); or
a Dame of the Realm.
Information recorded on an ID card
2
1
This regulation is subject to regulation 5.
2
The following information is prescribed for the purposes of section 6(3)(a) of the 2006 Act (issue etc. of ID cards)-
a
the title of the card;
b
the number of the card;
c
the holder’s name;
d
the holder’s gender;
e
the holder’s nationality;
f
the holder’s date of birth;
g
the holder’s place of birth;
h
the date of issue of the card;
i
the expiry date of the card;
j
the holder’s signature, unless the holder is unable to provide a signature;
k
the holder’s facial image;
l
subject to paragraphs (3) and (4), fingerprints of any two of the holder’s fingers;
m
information specified in regulation 3 and regulation 4(1) to the extent that such information is available or is applicable in relation to the holder;
n
references to the United Kingdom being the issuing country and the Home Office being the issuing organisation;
o
a machine readable code;
p
the symbol of the International Civil Aviation Organization denoting a machine readable document which contains a contactless chip;
q
the digital signature;
r
the document signing certificate;
s
cryptographic key pairs;
t
information contained in additional security features;
u
an address in the United Kingdom to which an ID card can be returned, if found and;
v
contact details that can be used to make general enquiries about ID cards
3
If the holder is unable to provide two fingerprints, but is able to provide one fingerprint, paragraph (2)(l) is to be modified so as to refer to any one of the holder’s fingers.
4
If the holder is unable to provide any fingerprints, paragraph (2)(l) is to be modified so as to refer to the fact that no fingerprints have been provided.
Additional information that may be recorded on an ID card
3
The information specified for the purposes of regulation 2(2)(m) is –
a
any title of nobility held by the holder;
b
any other name specified by the holder as a name by which the holder is known except where there is insufficient space on the ID card or where the Secretary of State believes that the inclusion of such names is unnecessary or contrary to public policy;
c
that the holder is a member of the Privy Council;
d
any clarification required to show that a forename of the holder is not a title of nobility;
e
the inability of the holder to provide a signature;
f
in the case of a British Subject, within the meaning of Part 4 of the British Nationality Act 1981 , the fact that the holder has the right of abode in the United Kingdom;
g
the fact that the holder is not entitled to benefit from European Community provisions relating to employment or establishment;
h
the fact that the holder is a family member of an EEA national with a right to reside under the Immigration (European Economic Area) Regulations 2006.
Identification card
4
1
In the case of an identification card the fact that the card is not to be used as evidence of the holder’s nationality for travel purposes is information specified for the purposes of regulation 2(2)(m).
2
In the case of an identification card, the following provisions do not apply –
a
regulation 2(2)(e); and
b
regulation 3(g).
Encryption
5
1
Subject to paragraphs (3) and (4), the parts of the information to be recorded on an ID card that are prescribed for the purposes of section 6(3)(b) of the 2006 Act (recording prescribed parts in an encrypted form) are the parts specified in paragraph (2) that are cryptographically protected by means of the digital signature.
2
The parts of the information referred to in paragraph (1) are –
a
abridged version of the title of the card;
b
references to the United Kingdom being the issuing country;
c
the card number;
d
the holder’s date of birth;
e
the holder’s gender;
f
the holder’s nationality;
g
the holder’s name;
h
the holder’s facial image;
i
fingerprints of any two of the holder’s fingers;
j
a public key element of a cryptographic key pair; and
k
the expiry date of the card.
3
In the case of an identification card, paragraph (2)(f) does not apply.
4
Where, pursuant to regulation 3(3) or (4), only one or none of the holder’s fingerprints is recorded on the card, paragraph (2)(i) shall be modified so as to refer to only one of the holder’s fingers or to the fact that no fingerprints have been recorded .
5
This regulation does not apply to the information referred to in paragraph (1) where it is not included in the digital signature.
Prescribed registrable facts
6
1
Subject to paragraph (2), the following registrable facts about an individual are prescribed for the purposes of section 6(4)(b) of the 2006 Act (Issue etc. of ID cards) –
a
the individual’s full name;
b
the address of a place of residence of the individual;
c
the individual’s gender;
d
the individual’s place of birth;
e
the individual’s date of birth;
f
the individual’s nationality;
g
a photograph of the individual’s head and shoulders (showing the features of the face); and
h
the individual’s ten fingerprints.
2
If the holder is unable to provide ten fingerprints, paragraph (1)(h) will be modified so as to refer only to the number, if any, of the individual’s fingerprints that the individual is able to provide.
Prescribed requirements where ID card is issued together with designated document
7
1
The requirements set out in paragraph (2) are the prescribed requirements for the purposes of section 8(2) of the 2006 Act (functions of persons issuing designated documents).
2
The requirements referred to in paragraph (1) are that –
a
the ID card records the information prescribed in regulations 2 to 5; and that
b
the parts of the information prescribed in regulation 5 are recorded in an encrypted form.
Meg Hillier
Parliamentary Under Secretary of State
Home Office
19th October 2009


text:
Citation and Commencement
1
This Order may be cited as the Immigration (Passenger Transit Visa) (Amendment) (No. 3) Order 2009.
2
1
Subject to paragraphs (2) and (3) this Order comes into force on 17th May 2009.
2
Article 4(1), 4(2) and 4(4)(a) comes into force on 18th May 2009.
3
Article 4(3) and (4)(b) to (d) comes into force on 1st July 2009.
Revocation
3
The Immigration (Passenger Transit Visa) (Amendment) (No. 2) Order 2009 is revoked.
Amendments to the Immigration (Passenger Transit Visa) Order 2003
4
1
The Immigration (Passenger Transit Visa) Order 2003 shall be amended as follows.
2
In article 2, after paragraph (3A) insert —
3B
This paragraph applies to a person who holds a passport issued by the Republic of Venezuela that does not contain biometric information held in an electronic chip.
.
3
In article 2, omit paragraph (3A).
4
In Schedule 1 —
a
after “Belarus” insert “Bolivia”;
b
after “Lebanon” insert “Lesotho”;
c
after “Somalia” insert “South Africa”; and
d
after “Sudan” insert “Swaziland”.
Phil Woolas
Minister of State
Home Office
14th May 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 5) Order 2009 and comes into force on 6th January 2010.
2
In this Order —
“designated” means designated 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.
Designation in relation to market surveillance and marking which indicates that a product is in conformity with requirements of EU legislation
2
The Secretary of State is designated in relation to market surveillance and marking which indicates that a product is in conformity with requirements of EU legislation.
Designation in relation to products derived from pinnipeds
3
The Secretary of State is designated in relation to products derived from pinnipeds.
Designation in relation to changes in terminology or numbering arising out of the Treaty of Lisbon
4
The Secretary of State is designated in relation to changes in terminology or numbering arising out of the Treaty of Lisbon Amending the Treaty on European Union and the Treaty Establishing the European Community signed at Lisbon on 13th December 2007.
Designation in relation to credit ratings and credit rating agencies
5
The Treasury is designated in relation to credit ratings and credit rating agencies.
Relationship with other designations
6
This Order does not restrict the scope of any designation made by any other Order.
Judith Simpson
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Police and Justice Act 2006 (Commencement No. 11) Order 2009.
Provisions commenced
2
1
Subject to paragraphs (2) and (3), section 17 of the Police and Justice Act 2006 (conditional cautions: types of conditions) comes into force in relation to the relevant areas immediately before 8 July 2009.
2
Section 17(3) (specific types of conditions) comes into force in accordance with paragraph (1) only so far as it inserts section 22(3A)(a) of the Criminal Justice Act 2003 .
3
Section 17(5) (provision regarding orders subject to affirmative resolution procedure and provision for increase of financial penalties) comes into force in accordance with paragraph (1) only so far as it inserts section 330(5)(aa) of that Act (orders subject to affirmative resolution procedure).
4
In this article, “relevant areas” means the police areas of:
i
Cambridgeshire;
ii
Merseyside; and
iii
Norfolk.
Signed by the authority of the Secretary of State
Claire M Ward
Parliamentary Under Secretary of State
Ministry of Justice
1st July 2009


text:
Title and commencement
1
These Regulations may be cited as the Plant Health (Fees) (Forestry) (Amendment) Regulations 2009 and come into force on 1st January 2010.
Amendment
2
For Schedule 3A to the Plant Health (Fees) (Forestry) Regulations 2006 , substitute —
SCHEDULE 3A
Reduced rate plant health check fees
Regulation 3(4A)
Genera or Species Quantity Country of origin Fee
Acer saccharum Per consignment - up to 100m 3 Canada
£6.13
USA £9.19
- for each additional m 3 or part thereof Canada
£0.10
USA £0.15
The Official Seal of the Forestry Commissioners
Wilma Harper
Secretary to the Forestry Commissioners
30th October 2009


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Personal Injuries (Civilians) (Amendment) Scheme 2009 and shall come into force on 6th April 2009.
2
In this Scheme, “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 , and a reference to a numbered article, table or Schedule, is a reference to the article, table or Schedule in the principal Scheme which bears that number.
Amendments to the principal Scheme
2
The amendments to the principal Scheme contained in Schedule 1 to this Scheme shall have effect.
Transitional provision
3
Where a claim for funeral expenses in accordance with article 26A or 49A is made in respect of a death which occurred before 6th April 2009, article 26A of the principal Scheme as in force immediately prior to the coming into force of this Scheme shall apply to that claim.
Signed by authority of the Secretary of State for Defence
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
27th February 2009
We approve
Bob Blizzard
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd March 2009


text:
Citation and commencement
1
These Regulations may be cited as the Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009, and shall come into force —
a
for the purposes of enabling —
i
a service policeman to report to a commanding officer that he is not aware, or that he is aware, of any circumstances of a description prescribed by regulation 5, or
ii
a commanding officer to delegate functions under regulation 16,
on the day after the day on which they are made;
b
for all other purposes, on 31st October 2009.
PART 1 GENERAL
Interpretation
2
1
In these Regulations —
“ the Act ” means the Armed Forces Act 2006;
“accused” means a person who has been charged with a service offence;
“case papers” means in relation to a case or charge —
all reports relating to the case or charge and written by a service police force;
the following other papers relating to the case or charge prepared or obtained by a service police force —
all witness statements;
all other records of evidence, including a summary or transcript of all tape-recorded interviews;
a list of all exhibits and a statement of where any which are not documentary exhibits are held;
all documentary exhibits;
all formal disciplinary records of the suspect maintained and held by any of Her Majesty’s forces;
if no formal disciplinary record of the suspect is maintained and held by any of Her Majesty’s forces, a list of his convictions (if any) for a service offence and of his convictions (if any) by a civilian court;
all documents to be provided, in accordance with a code of practice made by virtue of an order under section 78(2)(b) of the Criminal Procedure and Investigations Act 1996 , to a person involved in the prosecution of service offences; and
all papers equivalent to those within paragraphs (a) and (b), prepared by a UK police force or an overseas police force and provided by that force to a service police force;
“Court Martial rules” means rules made under section 163;
“ DSP ” means Director of Service Prosecutions;
“hearing” means, with respect to an accused —
a hearing before a judge advocate under section 105(1) in relation to the accused;
a hearing before a judge advocate conducting a review under section 108(1), 110(4) or 171(2) in relation to the accused; or
any other hearing under the Act before a judge advocate in relation to a charge against the accused;
“prescribed officer” means the officer of a prescribed description for the purposes of section 114;
“Schedule 2 offence” has the same meaning as in Chapter 1 of Part 5 of the Act;
“serious injury” means a fracture, a deep cut, a deep laceration or an injury causing damage to an internal organ or the impairment of a bodily function;
“suspect” (in the definition of “case papers” in this regulation) —
where regulation 7 or 9 applies, means the person whom the service policeman considers there is sufficient evidence to charge with a service offence;
where regulation 10 applies, means the person concerned (within the meaning of section 121(4)).
2
Unless otherwise specified, a reference in these Regulations to a numbered section is a reference to that section of the Act.
PART 2 INVESTIGATIONS AND REFERRAL OF CASES AND CHARGES
CO to ensure service police aware of certain circumstances
3
For the purposes of section 114, the following are circumstances of a prescribed description —
a
an allegation has been made which would indicate to a reasonable person, or there are other circumstances which would indicate to a reasonable person, that a person subject to service law has or may have been the victim of —
i
a course of conduct by a person subject to service law, involving on at least two occasions an assault in which that individual participated as a principal offender or as a secondary party; or
ii
an offence under section 42 as respects which the corresponding offence under the law of England and Wales is the offence under section 4 of the Protection from Harassment Act 1997 , committed by a person subject to service law;
b
an allegation has been made which would indicate to a reasonable person, or there are other circumstances which would indicate to a reasonable person, that a person subject to service law has or may have been the victim of an assault causing serious injury, inflicted by a person of superior rank or rate while the assailant was otherwise carrying out his duties;
c
there are what appear to the prescribed officer to be reasonable grounds to believe that the death of any person, or serious injury to a relevant person, has occurred in a relevant place, unless the prescribed officer is satisfied that there is no allegation which would indicate to a reasonable person, or circumstances which would indicate to a reasonable person, that the death or injury was, or may have been, the result of a service offence committed by a person of whom he is the commanding officer;
d
the death of a person has occurred and —
i
it appears to the prescribed officer that the person had at any time been held in a relevant place in service custody; and
ii
there are reasonable grounds to believe that the misconduct, during the period that person was in such custody, of a person subject to service law or a civilian subject to service discipline may have caused (directly or indirectly), or may have contributed to, the death.
Prescribed officer
4
1
The prescribed officer in relation to a circumstance prescribed in regulation 3 shall be determined in accordance with paragraphs (2) to (5).
2
In relation to regulation 3(a), the prescribed officer is the commanding officer of a person subject to service law against whom there is an allegation which would indicate to a reasonable person, or in relation to whom there are circumstances which would indicate to a reasonable person, that he has, or may have —
a
carried out a course of conduct within regulation 3(a)(i); or
b
committed an offence within regulation 3(a)(ii).
3
In relation to regulation 3(b), the prescribed officer is the commanding officer of a person against whom there is an allegation which would indicate to a reasonable person, or in relation to whom there are circumstances which would indicate to a reasonable person, that he was, or may have been, the assailant.
4
In relation to regulation 3(c), the prescribed officer is any officer who is a commanding officer.
5
In relation to regulation 3(d), the prescribed officer is the commanding officer of a person in relation to whom it appears to that officer that there are reasonable grounds within regulation 3(d)(ii).
Referral of case following investigation by service or civilian police
5
For the purposes of section 116(2)(b), the following are prescribed circumstances —
a
the evidence referred to in section 116(2)(b) is evidence that a person subject to service law has been the victim of —
i
a course of conduct by a person subject to service law, involving on at least two occasions an assault in which that individual participated as a principal offender or as a secondary party; or
ii
an offence under section 42 as respects which the corresponding offence under the law of England and Wales is the offence under section 4 of the Protection from Harassment Act 1997, committed by a person subject to service law;
b
the evidence referred to in section 116(2)(b) is evidence that an assault causing serious injury was inflicted on a person subject to service law by a person of superior rank or rate while the assailant was otherwise carrying out his duties;
c
the evidence referred to in section 116(2)(b) is evidence —
i
that a person (“A”) participated (as a principal offender or as a secondary party) in the inflicting of serious injury on a relevant person in a relevant place;
ii
that A was under a duty to safeguard a relevant person (“B”) while B was in a relevant place and that A failed to prevent an assault inflicting serious injury on B in that place; or
iii
that A was under a duty to safeguard a person (“B”) while B was in a relevant place and that A failed to prevent B’s death being caused while B was in that place;
d
the evidence referred to in section 116(2)(b) is evidence that the death of a person was caused (directly or indirectly), or contributed to, by the misconduct of a person subject to service law or a civilian subject to service discipline, and that the misconduct occurred while the deceased was being held in a relevant place while in service custody.
Relevant person and relevant place
6
1
In regulations 3(c) and 5(c) “relevant person” means —
a
a person who is not a member of the regular or reserve forces; or
b
a person who is a member of the regular or reserve forces and —
i
is under 18 years old;
ii
has enlisted in the regular or reserve forces and has not completed Phase 1 and Phase 2 Training;
iii
is an officer or officer cadet and has not completed Phase 1 Training; or
iv
is in service custody.
2
In regulations 3(c) and 5(c) “relevant place” means —
a
any premises or other place which at the time of the death or serious injury was permanently or temporarily occupied or controlled for the purposes of Her Majesty’s forces; and
b
any vehicle, ship or aircraft which at the time of the death or serious injury was in use for the purposes of Her Majesty’s forces.
3
In regulations 3(d) and 5(d) “relevant place” means —
a
any premises or other place which at the time of the suspected misconduct was permanently or temporarily occupied for the purposes of Her Majesty’s forces; and
b
any vehicle, ship or aircraft which at the time of the suspected misconduct was in use for the purposes of Her Majesty’s forces.
Referral of case following investigation by service or civilian police
7
1
Where under section 116(2) a service policeman refers a case to the DSP, the service policeman must —
a
when he refers the case, either provide the DSP with a written statement or make to the DSP an oral statement, specifying the service offence which he considers there is sufficient evidence to charge and why he considers that there is sufficient evidence; and
b
when he refers the case or as soon as reasonably practicable afterwards, provide the DSP with a copy of the case papers.
2
When under section 116(3) a service policeman refers a case to the commanding officer, the service policeman must —
a
when he refers the case, either provide the commanding officer with a written statement or make to the commanding officer an oral statement, specifying the service offence which he considers there is sufficient evidence to charge and why he considers that there is sufficient evidence; and
b
when he refers the case or as soon as reasonably practicable afterwards, provide the commanding officer with a copy of the case papers.
Referral of case to DSP by service police: CO documents and information
8
1
Where under section 116(2) a service policeman refers a case to the DSP, the prescribed documents for the purposes of section 118(2)(b) are a copy of all reports relating to the case prepared by a service police force or provided to a service police force by a UK police force or an overseas police force.
2
If under section 118(2)(a) a service policeman notifies a commanding officer of a referral to the DSP and the commanding officer considers that there is information relevant to the case which should be drawn to the attention of the DSP, he must do so as soon as reasonably practicable after receiving the documents prescribed by paragraph (1).
Referral of case to DSP by CO
9
1
This regulation applies where under section 120(3) a commanding officer refers a case to the DSP after a service policeman has under section 116(3) referred the case to the commanding officer.
2
If under regulation 7(2)(a) the service policeman provided the commanding officer with a written statement in relation to the case, the commanding officer must provide a copy of the statement to the DSP when he refers the case to the DSP.
3
If under regulation 7(2)(a) the service policeman made an oral statement to the commanding officer in relation to the case, the service policeman must, as soon as practicable after being informed by the commanding officer of the referral, provide the DSP with a written statement, or make an oral statement to the DSP, specifying the service offence which the service policeman considers there is sufficient evidence to charge and why he considers that there is sufficient evidence.
4
When the commanding officer refers the case to the DSP or as soon as reasonably practicable afterwards, he must provide the DSP with a copy of the case papers.
Referral of case or charge to CO
10
1
Where under section 121(4) the DSP refers a case to a commanding officer, he must ensure that as soon as reasonably practicable the commanding officer receives a copy of the case papers, unless the referral by the DSP follows a referral to the DSP by the commanding officer under section 120(3) and the commanding officer’s power to refer arose by virtue of section 119(2).
2
Where under section 125(2)(e) the DSP refers a charge to a commanding officer, he must ensure that the commanding officer receives as soon as reasonably practicable a copy of the case papers and of the charge sheet.
PART 3 PROVISIONS RELATING TO CHARGING
Procedure for bringing a charge
11
1
The procedure for bringing a charge against a person (“A”) under section 120(2) or 122(1) shall be as follows —
a
a charge sheet must be prepared in accordance with the Schedule;
b
the commanding officer of A must sign the charge sheet; and
c
a copy of the signed charge sheet must be served by hand on A either by the commanding officer or by a person authorised by him.
2
When a charge is brought under section 122(1), the DSP must provide a copy of the charge sheet to the court administration officer as soon as practicable after service of the charge sheet on the accused.
Direction under section 121(2): provision of charge sheet
12
When a direction under section 121(2) to bring a charge against a person is given by the DSP to a commanding officer —
a
the DSP must send the charge sheet to the commanding officer; and
b
the commanding officer must return the charge sheet to the DSP as soon as reasonably practicable after bringing the charge.
Amendment, substitution and addition of charges by a CO
13
Regulation 11(1) shall apply to the amending, substituting or adding of a charge under section 123(2) as it applies to the bringing of a charge under section 120(2) or 122(1).
Amendment, substitution and addition of charges by the DSP
14
1
This regulation applies to the amendment, substitution or addition of a charge by the DSP —
a
under section 125(2) before the arraignment of an accused by the Court Martial; or
b
under section 126(2) before the arraignment of an accused by the Service Civilian Court.
2
The procedure for the DSP to amend, substitute or add a charge shall be as follows —
a
a charge sheet must be prepared in accordance with the Schedule;
b
the DSP must sign the charge sheet; and
c
the DSP must ensure that a copy of the signed charge sheet is served by hand on the accused.
3
As soon as practicable after service of the charge sheet on the accused, the DSP must provide a copy of the charge sheet to the court administration officer.
4
Where the earliest time at which it will be practicable to provide a copy of the charge sheet to the court administration officer is less than 24 hours before the time appointed for a hearing in relation to the accused, the DSP must also provide as soon as practicable a copy of the charge sheet to the judge advocate appointed to conduct the hearing.
5
This regulation does not apply to the amendment of charges by order of a judge advocate in preliminary proceedings within the meaning of the Court Martial rules.
PART 4 FURTHER PROVISIONS
Provision of information and notification of prescribed matters
15
1
If under section 123(2)(d) a commanding officer discontinues proceedings on a charge, he must as soon as reasonably practicable give written notification of the discontinuation to the accused.
2
If under section 125(2)(d) or section 126(2)(d) the DSP discontinues proceedings on a charge, he must as soon as reasonably practicable give written notice of the discontinuation to —
a
the accused or his legal representative;
b
the accused’s commanding officer; and
c
the court administration officer.
3
If under section 125(2)(e) the DSP refers a charge to an accused’s commanding officer, the commanding officer must as soon as reasonably practicable give written notification of the reference to the accused or his legal representative.
4
If under section 121(3) or 125(2)(f) the DSP allocates a charge for trial by the Service Civilian Court, or under section 126(2)(e) allocates a charge for trial by the Court Martial, he must as soon as reasonably practicable give written notice of the allocation to —
a
the accused or his legal representative; and
b
the court administration officer.
5
If the DSP makes a direction under section 127(1) or (2) —
a
he must as soon as reasonably practicable notify the commanding officer of the person specified in the direction, and
b
the commanding officer must as soon as reasonably practicable notify that person in writing,
of the making of the direction.
6
A notification under this regulation may be given to an accused who is not, or is not for the time being, subject to service law by —
a
delivering it to him by hand;
b
leaving it at his usual or last known address;
c
sending it by post to that address; or
d
transmitting it to him by fax or other electronic means, but only if he has agreed to receive it by that method.
7
A notification under this regulation may be given to a legal representative by —
a
delivering it to him by hand;
b
delivering it, or sending it by post or by document exchange ( DX ), to his place of business; or
c
transmitting it to him by fax or other electronic means, but only if he has agreed to receive it by that method.
8
In this regulation references to the legal representative of a person have the same meaning as in the Court Martial rules.
Delegation of functions by CO
16
1
A commanding officer may delegate to a subordinate commander any of his functions under Part 5 of the Act or under these Regulations, subject to such conditions as he considers appropriate.
2
In paragraph (1) “subordinate commander” means, in relation to a commanding officer, an officer under his command who is not below the rank of naval lieutenant, military or marine captain or flight lieutenant.
Transitional
17
1
In these Regulations —
a
references to a service offence include an SDA offence;
b
references to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is a specified offence include an offence under section 70 of AA 1955 or AFA 1955 or section 42 of NDA 1957 as respects which the corresponding civil offence is the specified offence;
c
references to a person who has enlisted in the regular forces include a person who entered the Royal Navy before commencement.
2
In these Regulations, in relation to any time before commencement —
a
references to a person subject to service law are to a person who was at that time subject to military law, air-force law or NDA 1957;
b
references to a civilian subject to service discipline are to a person to whom any provision of AA 1955, AFA 1955 or NDA 1957 at that time applied by virtue of section 209(1) or (2) of AA 1955 or AFA 1955 or section 118(1) or (2) of NDA 1957;
c
references to service custody are to military, air-force or naval custody.
3
In this regulation —
“AA 1955” means the Army Act 1955 ;
“AFA 1955” means the Air Force Act 1955 ;
“NDA 1957” means the Naval Discipline Act 1957 ;
“commencement” means 31st October 2009;
“the corresponding civil offence”, in relation to an offence under section 70 of AA 1955 or AFA 1955 or section 42 of NDA 1957, means —
the act or omission constituting that offence; or
if that act or omission is not punishable by the law of England and Wales, the equivalent act done or omission made in England or Wales;
“SDA offence” means any of the following —
any offence under Part 2 of AA 1955 or AFA 1955;
any offence under Part 1 of NDA 1957;
an offence under section 47K of that Act;
an offence under paragraph 4(6) of Schedule 5A to AA 1955 or AFA 1955 or of Schedule 4A to NDA 1957 committed before commencement;
an offence under section 18 or 20 of the Armed Forces Act 1991 committed before commencement;
an offence under any of sections 95 to 97 of the Reserve Forces Act 1996 committed before commencement;
an offence under paragraph 5(1) of Schedule 1 to that Act committed before commencement by a person within paragraph (4) .
4
A person is within this paragraph if —
a
after committing the offence and before commencement, he became a member of a reserve force and —
i
he remained such a member until immediately before commencement; or
ii
immediately before commencement, he was subject to military law, air-force law or NDA 1957; or
b
on or after commencement, he becomes a member of the reserve forces.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
20th July 2009


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Individual Savings Account (Amendment) Regulations 2009 and shall come into force on 6th October 2009.
2
Regulations 3(a) and 6 have effect (on and after 6th October 2009) for the tax year 2009-10 and succeeding tax years.
3
Regulations 3(b) to 5 have effect (on and after 6th October 2009) for the tax year 2009-10, and shall cease to have effect on 6 th April 2010.
4
Regulations 7 to 9 have effect for the tax year 2010-11 and succeeding tax years.
Amendments to the Individual Savings Account Regulations 1998
2
The Individual Savings Account Regulations 1998 are amended as follows.
Amendments having effect for the tax year 2009-10 (and in some cases succeeding tax years)
3
In regulation 4(2) (general conditions for accounts and subscriptions to accounts) —
a
after “year) is” insert “£7,200 unless”; and
b
for sub-paragraph (a) substitute —
a
the qualifying investor is 50 years of age or over, or is due to be aged 50 not later than 5 th April 2010, where it is £10,200, or
.
4
In regulation 4(3) at the end add “, unless the qualifying investor is 50 years of age or over, or is due to be aged 50 not later than 5 th April 2010, when he or she may invest £5,100 in the year 2009-10.”
5
In regulation 4(4), after “the qualifying investor” (where those words first appear) insert “(who is not aged 50 or over, or due to be aged 50 not later than 5 th April 2010)”.
6
In regulation 10(2)(ca) (qualifying individuals who may invest under an account) for “other” substitute “applicable”.
Amendments having effect for the tax year 2010-11 and succeeding tax years
7
In regulation 4(2) —
a
for “£7,200” (as inserted by regulation 3(a)) substitute “£10,200”;
b
in sub-paragraph (b), for “£3,600” substitute “£5,100”.
8
In regulation 4(3) for “£3,600” substitute “£5,100”.
9
In regulation 4(4) —
a
in sub-paragraph (a) for “£3,600” (in both places it appears) substitute “£5,100”;
b
in sub-paragraph (b) for “£5,200” substitute “£8,200”;
c
in sub-paragraph (c) for “£7,200” substitute “£10,200”; and
d
in the words succeeding sub-paragraph (c) for “£3,600” substitute “£5,100”.
Bob Blizzard
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd June 2009