text:
Citation, commencement and application
1
1
These Regulations may be cited as the Egypt (Asset-Freezing) Regulations 2011 and come into force at 6.00 p.m. on 22nd March 2011.
2
An offence under these Regulations may be committed by conduct wholly or partly outside the United Kingdom by —
a
a UK national, or
b
a body incorporated or constituted under the law of any part of the United Kingdom.
3
In paragraph (2) —
“conduct” includes acts and omissions;
“UK national” means —
a British citizen,
a British overseas territories citizen who acquired their citizenship from a connection with Gibraltar, or
a British subject under Part 4 of the British Nationality Act 1981 (British subjects) with the right of abode in the United Kingdom.
Interpretation
2
1
In these Regulations —
“the 2000 Act ” means the Financial Services and Markets Act 2000 ;
“the Council Regulation ” means Council Regulation (EU) No. 270/2011 of 21 March 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt, and a reference to Annex I to that Regulation is to be construed as a reference to that Annex as amended from time to time;
“designated person” means a person, entity or body listed in Annex I to the Council Regulation;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;
“relevant institution” means —
a person who has permission under Part 4 of the 2000 Act (permission to carry on regulated activities);
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the 2000 Act (EEA passport rights) which has permission under paragraph 15 of that Schedule as a result of qualifying for authorisation under paragraph 12 of that Schedule to accept deposits; or
an undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means or cashes cheques which are made payable to customers.
2
The definition of “relevant institution” in paragraph (1) must be read with —
a
section 22 of the 2000 Act (the classes of activity and categories of investment),
b
any relevant order under that section , and
c
Schedule 2 to that Act (regulated activities).
3
Any expression used both in these Regulations and the Council Regulation has the meaning that it bears in the Council Regulation.
Freezing of funds and economic resources
3
1
A person (“P”) must not deal with funds or economic resources belonging to, or owned, held or controlled by, a designated person if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources.
2
In paragraph (1) “deal with” means —
a
in relation to funds —
i
use, alter, move, allow access to or transfer;
ii
deal with the funds in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination; or
iii
make any other change that would enable use, including portfolio management; and
b
in relation to economic resources, exchange, or use in exchange, for funds, goods or services.
3
Paragraph (1) is subject to regulation 9.
Making funds available to a designated person
4
1
A person (“P”) must not make funds available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
Paragraph (1) is subject to regulations 8 and 9.
Making funds available for the benefit of a designated person
5
1
A person (“P”) must not make funds available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
For the purposes of this regulation —
a
funds are made available for the benefit of the designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulations 8 and 9.
Making economic resources available to a designated person
6
1
A person (“P”) must not make economic resources available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect —
a
that P is making the economic resources so available, and
b
that the designated person would be likely to exchange the economic resources, or use them in exchange, for funds, goods or services.
2
Paragraph (1) is subject to regulation 9.
Making economic resources available for the benefit of a designated person
7
1
A person (“P”) must not make economic resources available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the economic resources so available.
2
For the purposes of this regulation —
a
economic resources are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulation 9.
Credits to a frozen account
8
1
The prohibitions in regulations 4 and 5 are not contravened by a relevant institution crediting a frozen account with —
a
interest or other earnings due on the account, or
b
payments due under contracts, agreements or obligations that were concluded or arose before the account became a frozen account.
2
The prohibitions in regulations 4 and 5 on making funds available do not prevent a relevant institution from crediting a frozen account where it receives funds transferred to the account.
3
A relevant institution must inform the Treasury without delay if it credits a frozen account in accordance with paragraph (1)(b) or (2).
4
In this regulation “frozen account” means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person.
Licences
9
1
The prohibitions in regulations 3 to 7 do not apply to anything done under the authority of a licence granted by the Treasury.
2
A licence must specify the acts authorised by it and may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions;
c
of indefinite duration or subject to an expiry date.
3
The Treasury may vary or revoke a licence at any time.
4
On the grant, variation or revocation of a licence, the Treasury must —
a
in the case of a licence granted to a particular person, give written notice of the grant, variation or revocation to that person,
b
in the case of a general licence or a licence granted to a category of persons, take such steps as the Treasury consider appropriate to publicise the grant, variation or revocation of the licence.
5
A person commits an offence who, for the purpose of obtaining a licence, knowingly or recklessly —
a
provides information that is false in a material respect, or
b
provides or produces a document that is not what it purports to be.
6
A person who purports to act under the authority of a licence but who fails to comply with any conditions included in the licence commits an offence.
Contravention and circumvention of prohibitions
10
1
A person who contravenes any of the prohibitions in regulations 3 to 7 commits an offence.
2
A person commits an offence who intentionally participates in activities knowing that the object or effect of them is (whether directly or indirectly) —
a
to circumvent any of the prohibitions in regulations 3 to 7, or
b
to enable or facilitate the contravention of any such prohibition.
Information provisions
11
The Schedule (which contains provisions concerning information gathering and disclosure) has effect.
Cooperation with UK or international investigations
12
The Treasury must take such steps as they consider appropriate to cooperate with any investigation, in the United Kingdom or elsewhere, relating to the funds, economic resources or financial transactions of a designated person.
Officers of a body corporate etc.
13
1
Where an offence under these Regulations committed by a body corporate —
a
is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or
b
is attributable to any neglect on the part of any such person,
that person as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
In paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Paragraph (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body for a reference —
a
in the case of a partnership, to a partner;
b
in the case of an unincorporated body other than a partnership —
i
where the body’s affairs are managed by its members, to a member of the body;
ii
in any other case, to a member of the governing body.
Penalties
14
1
A person guilty of an offence under regulation 9 or 10 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.
2
A person guilty of an offence under paragraph 1(5) or 4(1) of the Schedule is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
Proceedings
15
1
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
2
In England and Wales an information relating to an offence that is triable by a magistrates’ court may be so tried if it is laid —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.
3
In Scotland —
a
summary proceedings for an offence may be commenced —
i
before the end of twelve months from the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to the Lord Advocate’s knowledge, and
ii
not later than three years after the commission of the offence; and
b
section 136(3) of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.
4
In Northern Ireland summary proceedings for an offence may be instituted —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor.
5
For the purposes of this regulation a certificate of the prosecutor (or in Scotland, the Lord Advocate) as to the date on which such evidence as is referred to above came to their notice is conclusive evidence.
Consent to prosecution
16
1
Proceedings for an offence under these Regulations (other than a summary offence) may not be instituted —
a
in England and Wales, except by or with the consent of the Attorney General,
b
in Northern Ireland —
i
where the offence is committed wholly or partly outside Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland;
ii
for all other offences, except by or with the consent of the Director for Public Prosecutions for Northern Ireland.
2
Nothing in paragraph (1) prevents —
a
the arrest of a person in respect of an offence under these Regulations, or
b
the remand in custody or on bail of any person charged with such an offence.
Notices
17
1
This regulation has effect in relation to any notice to be given to a person by the Treasury under regulation 9.
2
Any such notice may be given —
a
by posting it to the person’s last known address, or
b
where the person is a body corporate, partnership or unincorporated body other than a partnership, by posting it to the registered or principal office of the body or partnership concerned.
3
Where the Treasury do not have an address for the person, they must make arrangements for the notice to be given to the person at the first available opportunity.
The Crown
18
1
These Regulations bind the Crown.
2
No contravention by the Crown of a provision of these Regulations makes the Crown criminally liable.
3
The High Court or, in Scotland, the Court of Session may, on the application of a person appearing to the court to have an interest, declare unlawful any act or omission of the Crown that constitutes a contravention of a provision of these Regulations.
4
Nothing in this regulation affects Her Majesty in her private capacity.
5
Paragraph (4) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in these Regulations.
Michael Fabricant
Angela Wilkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
At 2.30 p.m. on 22nd March 2011


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementation) (Amendment) Scheme 2011 and shall come into force on 13th April 2011.
2
In this Scheme —
lesser incapacity allowance
means the allowance payable in accordance with article 5 of the principal Scheme;
the operative date
means 13th April 2011;
the principal Scheme
means the Workmen’s Compensation (Supplementation) Scheme 1982 .
Amendment of article 5 of the principal Scheme
2
In article 5(2) (lesser incapacity allowances under scheme) of the principal Scheme for “14th April 2010” substitute “13th April 2011”.
Substitution of Schedule 1 to the principal Scheme
3
For Schedule 1 (table of rates) to the principal Scheme substitute the following —
SCHEDULE 1
Article 5
PART 1 TABLE OF RATES OF LESSER INCAPACITY ALLOWANCE FOR BENEFICIARIES TO WHOM ARTICLE 5(2) APPLIES
Rate of lesser incapacity allowance from 14th April 2010 to 12th h April 2011 Rate of lesser incapacity allowance from 13th April 2011
£ £ 4.45 4.60 12.10 12.50 20.30 20.95 29.45 30.35 42.35 43.65 53.90 55.55
PART 2 TABLE OF LOSS OF EARNINGS AND CORRESPONDING RATES OF LESSER INCAPACITY ALLOWANCE
Loss of earnings Rate of lesser incapacity allowance
£ £ 15.05 4.60 33.00 12.50 51.15 20.95 60.30 30.35 73.60 43.65 Over 73.60 55.55
.
Transitional Provision
4
1
Where a beneficiary was, before the operative date, in receipt of lesser incapacity allowance and the final calculation of loss of earnings required by article 7(2) of the principal Scheme had not been made in respect of the beneficiary by that date, the beneficiary is treated as entitled, from that date, to an allowance at the same rate as if the final calculation had been made before that date.
2
Where lesser incapacity allowance is payable in respect of a period before the operative date and the claim for the allowance was either —
a
not made before the operative date and the allowance is awarded for a period beginning on or after that date at one of the rates shown in the second column of Part 2 of Schedule 1 to the principal Scheme (as amended by this scheme); or
b
made but not determined before the operative date,
the rate payable in respect of the period before the operative date is that which would have been payable had the amendment to the principal Scheme made by article 3 of this Scheme not been made.
3
Where a lesser incapacity allowance has been awarded before the operative date and a question arises as to the weekly rate payable in consequence of this Scheme —
a
the case shall be reconsidered in the light of the amendments made by, and transitional provisions contained in, this Scheme; and
b
the allowance continues to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Scheme.
Signed by authority of the Secretary of State for Work and Pensions.
C Grayling
Minister of State,
Department of Work and Pensions
17th March 2011
We consent
Angela Watkinson
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 2011


text:
Citation, application, and commencement
1
This Order —
a
may be cited as the Incidental Flooding and Coastal Erosion (England) Order 2011;
b
applies in relation to England; and
c
comes into force on 1st December 2011.
Interpretation
2
In this Order —
a
“the 1991 Act ” means the Water Resources Act 1991 ; and
b
“the 2010 Act ” means the Flood and Water Management Act 2010.
Application of compulsory purchase provisions to section 38 of the 2010 Act
3
1
Subject to paragraphs (3) and (4), section 154 of the 1991 Act applies for the purposes of section 38 of the 2010 Act as if the functions referred to in section 154(1) of the 1991 Act included functions under section 38 of the 2010 Act.
2
Section 157 of the 1991 Act applies for the purposes of section 38 of the 2010 Act as if —
a
section 157(2)(b) were omitted;
b
the reference in section 157(6)(a) to an order under section 168 were omitted; and
c
section 157(6)(c) to (e) were omitted.
3
An authorisation to the Environment Agency under section 154 of the 1991 Act as applied by paragraph (1) may be given only for the purposes of enabling the United Kingdom to comply with its obligations under —
a
the Habitats Directive in relation to any necessary steps and measures under Article 6 of that Directive or policies under Article 10 of that Directive;
b
the Water Framework Directive in relation to any environmental objectives; or
c
the Wild Birds Directive in relation to any necessary measures under Articles 2, 3 or 4 of that Directive.
4
In this article —
a
“environmental objectives” has the same meaning as in the Water Framework Directive;
b
“the Habitats Directive” means Council Directive 92/43/ EEC on the conservation of natural habitats and of wild fauna and flora ;
c
“the Water Framework Directive” means Directive 2000/60/ EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy ; and
d
“the Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds .
Application of compulsory purchase provisions to section 39 of the 2010 Act
4
Section 154 of the 1991 Act applies for the purposes of section 39 of the 2010 Act as if —
a
the words “A local authority” were substituted for the words “The Agency” where they first appear in section 154(1);
b
the functions referred to in section 154(1) included functions under section 39 of the 2010 Act;
c
the words “the local authority” were substituted for the words “the Agency” —
i
the second place they appear in section 154(1);
ii
where they appear in section 154(2), (3) and (4); and
iii
the second and third places they appear in section 154(6); and
d
“local authority” had the same meaning as in section 39(6) of the 2010 Act.
2
Section 157 of the 1991 Act applies for the purposes of section 39 of the 2010 Act as if —
a
the words “A local authority” were substituted for the words “The Agency” where they appear in section 157(1);
b
the words “the local authority” were substituted for the words “the Agency” where they appear in section 157(2)(a) and (6);
c
section 157(2)(b) were omitted;
d
the reference in section 157(6)(a) to an order under section 168 were omitted;
e
section 157(6)(c) to (e) were omitted; and
f
“local authority” had the same meaning as in section 39(6) of the 2010 Act.
Application of power of entry provisions to section 38 of the 2010 Act
5
1
Section 170 of the 1991 Act applies for the purposes of section 38 of the 2010 Act as if the reference in subsection (4) to any power conferred by any of the provisions of sections 159, 160, 162(2) and (3) and 163 of the 1991 Act were a reference to any power conferred by section 38 of the 2010 Act.
2
Section 171 of the 1991 Act applies for the purposes of section 38 of the 2010 Act as if —
a
the functions referred to in section 171(2)(a) included functions under section 38 of the 2010 Act; and
b
section 171(2)(b) were omitted.
3
Schedule 20 to the 1991 Act applies for the purposes of section 38 of the 2010 Act as if —
a
the references in paragraphs 1 and 2(1)(a) to powers conferred by sections 169 to 172 of the 1991 Act were references to powers conferred by section 170 or 171 of the 1991 Act as applied by this article;
b
the words “the premises in question are on agricultural land,” were inserted after “where” in paragraph 1(2);
c
the reference in paragraph 1(3) to the power conferred by section 170 of the 1991 Act were a reference to that power as applied by this article;
d
the reference in paragraph 2(4) to the power conferred by section 171 of the 1991 Act were a reference to that power as applied by this article;
e
references to a power to which Schedule 20 applies were references to any power conferred by section 170 or 171 of the 1991 Act as applied by this article, including a power exercisable by virtue of a warrant under Schedule 20;
f
paragraph 8(2) were omitted; and
g
“agricultural land” had the same meaning as in section 145 of the 1991 Act.
Application of power of entry provisions to section 39 of the 2010 Act
6
1
Section 170 of the 1991 Act applies for the purposes of section 39 of the 2010 Act as if —
a
the words “a local authority” were substituted for the words “the Agency” —
i
where they appear in section 170(1); and
ii
where they first appear in section 170(3);
b
the words “the local authority” were substituted for the words “the Agency” —
i
where they appear in section 170(2); and
ii
the second place they appear in section 170(3);
c
the reference in subsection (4) to any power conferred by any of the provisions of sections 159, 160, 162(2) and (3) and 163 of the 1991 Act were a reference to any power conferred by section 39 of the 2010 Act; and
d
“local authority” had the same meaning as in section 39(6) of the 2010 Act.
2
Section 171 of the 1991 Act applies for the purposes of section 39 of the 2010 Act as if —
a
the words “a local authority” were substituted for the words “the Agency” where they appear in section 171(1);
b
the words “the local authority” were substituted for the words “the Agency” where they appear in section 171(2)(a) and (3)(c);
c
the functions referred to in section 171(2)(a) included functions under section 39 of the 2010 Act;
d
section 171(2)(b) were omitted; and
e
“local authority” had the same meaning as in section 39(6) of the 2010 Act.
3
Schedule 20 to the 1991 Act applies for the purposes of section 39 of the 2010 Act as if —
a
the references in paragraphs 1 and 2(1)(a) to powers conferred by sections 169 to 172 of the 1991 Act were references to powers conferred by section 170 or 171 of the 1991 Act as applied by this article;
b
the words “the premises in question are on agricultural land,” were inserted after “where” in paragraph 1(2);
c
the reference in paragraph 1(3) to the power conferred by section 170 of the 1991 Act were a reference to that power as applied by this article;
d
the reference in paragraph 2(4) to the power conferred by section 171 of the 1991 Act were a reference to that power as applied by this article;
e
references to a power to which Schedule 20 applies were references to any power conferred by section 170 or 171 of the 1991 Act as applied by this article, including a power exercisable by virtue of a warrant under Schedule 20;
f
the words “a local authority” were substituted for “the Agency” in paragraphs 6(3)(b) and 8;
g
paragraph 8(2) were omitted;
h
“agricultural land” had the same meaning as in section 145 of the 1991 Act; and
i
“local authority” had the same meaning as in section 39(6) of the 2010 Act.
Application of compensation provisions to section 38 of the 2010 Act
7
Subparagraphs (1) and (2) of paragraph 5 of Schedule 21 to the 1991 Act apply for the purposes of section 38 of the 2010 Act as if the reference to powers under section 165(1) to (3) of the 1991 Act were a reference to powers under section 38 of the 2010 Act.
Application of compensation provisions to section 39 of the 2010 Act
8
Subparagraphs (1) and (2) of paragraph 5 of Schedule 21 to the 1991 Act apply for the purposes of section 39 of the 2010 Act as if —
a
the words “a local authority” were substituted for the words “the Agency” where they first appear;
b
the words “the local authority” were substituted for the words “the Agency” the second place they appear;
c
the reference to powers under section 165(1) to (3) of the 1991 Act were a reference to powers under section 39 of the 2010 Act; and
d
“local authority” had the same meaning as in section 39(6) of the 2010 Act.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
28th November 2011


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Police (Complaints and Misconduct) (Amendment: Metropolitan Police) Regulations 2011 and shall come into force on 16th January 2012.
2
These Regulations extend to England and Wales.
3
In these Regulations, “the Complaints Regulations ” means the Police (Complaints and Misconduct) Regulations 2004 .
Amendments to the Complaints Regulations
2
1
The Complaints Regulations are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation) —
a
after the definition of “appeal meeting” insert —
“appropriate authority” —
in relation to a person serving with the police or in relation to any complaint, conduct matter or investigation relating to the conduct of such a person, means —
if that person is a senior officer of a police force maintained under section 2 of the Police Act 1996 or the City of London police force, the police authority for the area of the police force of which he is a member;
if that person is the Commissioner of Police of the Metropolis or a person exercising powers or duties of the Commissioner in accordance with section 44 or 45(4) of the Police Reform and Social Responsibility Act 2011 , the Mayor’s Office for Policing and Crime; and
in any other case, the chief officer under whose direction and control the person is; and
in relation to a death or serious injury matter, means —
if the relevant officer is a senior officer of a police force maintained under section 2 of the Police Act 1996 or the City of London police force, the police authority for the area of the police force of which he is a member;
if the relevant officer is the Commissioner of Police of the Metropolis or a person exercising powers or duties of the Commissioner in accordance with section 44 or 45(4) of the Police Reform and Social Responsibility Act 2011, the Mayor’s Office for Policing and Crime; and
in any other case, the chief officer under whose direction and control the person is;
;
b
after the definition of “misconduct proceedings” insert —
“police authority” means —
in relation to a police area listed in Schedule 1 to the Police Act 1996, the police authority established under section 3 of that Act;
in relation to the metropolitan police district, the Mayor’s Office for Policing and Crime; and
in relation to the City of London police area, the Common Council;
;
c
for the definition of “police staff member” substitute —
“police staff member” means —
an employee of a police authority who is under the direction and control of a chief officer of police; or
a member of the civilian staff of the Metropolitan Police Force (within the meaning of section 102(6) of the Police Reform and Social Responsibility Act 2011);
.
Transitional provision
3
Where, as a result of the coming into force of regulation 2(2)(a) of these Regulations, the Commissioner of Police of the Metropolis replaces the Metropolitan Police Authority as the appropriate authority in relation to any complaint, conduct matter or death or serious injury matter, the Complaints Regulations (as amended by these Regulations) shall have effect as if anything done, or treated as done, by or in relation to the Metropolitan Police Authority in its capacity as appropriate authority had been done by or in relation to the Commissioner of Police of the Metropolis.
Nick Herbert
Minister of State
Home Office
15th December 2011


text:
Citation and commencement
1
These Regulations may be cited as the M1 Motorway (Junctions 6A to 10) (Variable Speed Limits) Regulations 2011 and they come into force on 16th May 2011.
Interpretation
2
In these Regulations —
“the 1982 Regulations ” means the Motorways Traffic (England and Wales) Regulations 1982 ;
“the 2002 Regulations ” means the Traffic Signs Regulations 2002 ; and
“carriageway”, “hard shoulder”, “motorway” and “verge” have the same meaning as in the 1982 Regulations.
Variable Speed Limits
3
1
No person shall drive a vehicle on a section of a road which is subject to a variable speed limit at a speed exceeding that indicated by a speed limit sign.
2
A section of road is subject to a variable speed limit in relation to a vehicle being driven along it if —
a
the road is specified in the Schedule;
b
the vehicle has passed a speed limit sign; and
c
the vehicle has not passed —
i
another speed limit sign indicating a different speed limit; or
ii
a traffic sign which indicates that the national speed limit is in force.
3
In relation to a vehicle, the speed limit indicated by a speed limit sign is the speed shown at the time the vehicle passes the sign, or, if higher, the speed limit shown by the sign ten seconds before the vehicle passed the sign.
4
For the purpose of this regulation a speed limit sign is to be taken as not indicating any speed limit if, ten seconds before the vehicle passed it, the sign had indicated no speed limit or that the national speed limit was in force.
5
In this regulation —
“national speed limit” has the meaning given by regulation 5(2) of the 2002 Regulations;
“road” includes the adjacent hard shoulder and verge;
“speed limit sign”, in relation to a vehicle, means a traffic sign of the type shown in diagram 670 in Schedule 2 to the 2002 Regulations which is —
situated on or near any part of a road specified in the Schedule; and
directed at traffic on the carriageway on which the vehicle is being driven.
Signed by authority of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
30th March 2011


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Value Added Tax (Amendment) Regulations 2011 and come into force on 2nd March 2011.
2
Regulations 3 to 5 have effect in relation to supplies treated as made under paragraph 37 of Schedule 10 to the Value Added Tax Act 1994 where the building that is supplied was completed on or after 1st March 2011.
Amendment of the Value Added Tax Regulations 1995
2
The Value Added Tax Regulations 1995 are amended as follows.
Adjustments to the deduction of input tax on capital items
3
In regulation 112(3) (interpretation of Part XV) —
a
for “paragraph 37(3)” substitute “paragraph 37(1)”;
b
for “paragraph 37(5)” substitute “paragraph 37(3)”;
c
for “3” substitute “36”.
4
In regulation 114(3B) (period of adjustment) —
a
for “paragraph 37(5)” substitute “paragraph 37(3)”;
b
at the end insert “divided by 12 and rounded up to the next whole number”.
5
In regulation 115(5) (method of adjustment), for “paragraph 37(3)” substitute “paragraph 37(1)”.
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
8th February 2011


text:
Citation and commencement
1
These Regulations may be cited as the School Governance (Contracts) (England) (Revocation) Regulations 2011 and come into force on 20th July 2011.
Revocation
2
The School Governance (Contracts) (England) Regulations 2005 are revoked.
Nick Gibb
Minister of State
Department for Education
15th June 2011


text:
1
This Order may be cited as the Southgate College (Dissolution) Order 2011 and comes into force on 1st November 2011.
2
On 1st November 2011 the corporation is dissolved and all of its property, rights and liabilities are transferred to Barnet College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act applies to any person employed by the corporation immediately before 1st November 2011 as if the reference in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st November 2011;
c
to the transferor were to the corporation;
d
to the corporation were to Barnet College.
John Hayes
Minister of State for Further Education, Skills and Lifelong Learning
Department for Business, Innovation and Skills
6th October 2011


text:
Citation and commencement
1
This Order may be cited as the School Teachers’ Pay and Conditions (Amendment) Order 2011 and comes into force on 25th February 2011.
Amendment of the School Teachers’ Pay and Conditions Order 2010
2
1
The School Teachers’ Pay and Conditions Order 2010 is amended as follows.
2
After article 2 insert the following —
Modifications to the Document
2A
The Document has effect in relation to the school year beginning in 2010 as if —
a
in paragraph 47.1, and in paragraph 62.2 (both places), the references to 195 days were references to 194 days;
b
in paragraph 62.2(a) the reference to 190 days were a reference to 189 days;
c
in paragraphs 62.4, 62.5, 62.11 and 63.5 the references to 1265 hours were references to 1258.5 hours.
.
Nick Gibb
Minister of State
Department for Education
31st January 2011


text:
Citation and commencement
1
These Regulations may be cited as the Tractor etc (EC Type-Approval) (Amendment) Regulations 2011 and come into force on 20th June 2011.
Amendment of Regulations
2
The Tractor etc (EC Type-Approval) Regulations 2005 are amended as follows.
Interpretation
3
In regulation 2(1) —
a
In the definition of “separate directive”, for “the Motor Cycles Etc. and Tractors Etc. (EC Type Approval) (Amendment) Regulations 2010” substitute “the Tractor etc (EC Type-Approval) (Amendment) Regulations 2011”.
b
In the definition of “the Tractor Type Approval Directive”, for “the Tractor etc (EC Type-Approval) (Amendment) Regulations 2008” substitute “the Tractor etc (EC Type-Approval) (Amendment) Regulations 2011”.
Duty to Review
4
After regulation 14, add —
Duty to Review these Regulations
15
1
Before the end of each review period, the Secretary of State must —
a
carry out a review of these Regulations,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Tractor Type Approval Directive and the separate directive are implemented in other Member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by these Regulations,
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
“Review period” means —
a
the period of five years beginning with the day on which the Tractor etc (EC Type-Approval) (Amendment) Regulations 2011 come into force, and
b
subject to paragraph (5), each successive period of five years.
5
If a report under this regulation is laid before Parliament before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is laid.
Signed by authority of the Secretary of State
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
16th May 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hereford Hospitals National Health Service Trust (Establishment) Amendment Order 2011 and shall come into force on 1st April 2011.
2
In this Order —
“the Establishment Order ” means the Hereford Hospitals National Health Service Trust (Establishment) Order 1993 ;
“the trust” means the NHS trust established by the Establishment Order.
Amendment of article 1 of the Establishment Order
2
In article 1 of the Establishment Order (citation, commencement and interpretation), in paragraph (2) —
a
for the definition of “ the Act ”, substitute —
“the Act” means the National Health Service Act 2006;
;
b
after the definition of “the Act”, insert —
“community health services” means any services which the Secretary of State has a duty to provide under section 3(1)(b), (d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A of that Schedule;
; and
c
omit the definition of “operational date”.
Change of name of trust and transitional provision
3
1
The trust shall be called the Wye Valley National Health Service Trust instead of the Hereford Hospitals National Health Service Trust.
2
Accordingly in article 1(2) of the Establishment Order in the definition of “the trust”, and in article 2 of the Establishment Order (establishment of the trust), for “Hereford Hospitals” substitute “Wye Valley”.
3
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Substitution of article 3 of the Establishment Order
4
For article 3 of the Establishment Order (nature and functions of the trust) substitute —
Nature and functions of the trust
3
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service.
.
Substitution of article 5 of the Establishment Order
5
For article 5 of the Establishment Order (operational and accounting dates of the trust) substitute —
Accounting date of the trust
5
The accounting date of the trust shall be 31st March.
.
Revocation of articles 6, 7 and 8 of the Establishment Order
6
The following articles of the Establishment Order are revoked insofar as they are still in force —
a
article 6 (limited functions before operational date);
b
article 7 (assistance by health authorities before operational date); and
c
article 8 (restriction on disposal of assets ) .
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
21st March 2011


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Registered Pension Schemes (Relevant Income) Regulations 2011 and come into force on 11th August 2011.
2
These Regulations have effect for the tax year beginning on 6th April 2011 and subsequent tax years.
Payments not to be regarded as relevant income
2
The payments described in regulations 3 and 4 are not to be regarded as relevant income for the purpose of ascertaining whether a member or dependant satisfies the minimum income requirement in paragraphs 14A(1) or 24C(1) of Schedule 28 to the Finance Act 2004.
3
1
Payments of a scheme pension payable by the scheme administrator and made in respect of a defined benefits arrangement where the pension scheme under which that arrangement is made has fewer than 20 pensioner members unless the payments fall within paragraph (4) or (5).
2
Payments of a scheme pension made in respect of a money purchase arrangement and payable by the scheme administrator where fewer than 20 pensioner members of the pension scheme under which that arrangement is made are entitled to payment of such a scheme pension unless the payments fall within paragraph (4) or (6).
3
Payments under an overseas pension scheme which, if the scheme were a registered pension scheme would fall within paragraph (1) or (2).
4
Paragraphs (1) and (2) do not apply in the case of payments of a scheme pension payable under an annuity contract where that annuity contract is made with an insurance company or a non-EEA annuity provider and was purchased by the application of sums and assets held for the purposes of —
a
a registered pension scheme
b
an overseas pension scheme, or
c
if the purchase took place before 6th April 2006 a pension scheme which at the time of purchase fell within one of the categories set out in paragraph 1(1)(a) to (g) of Schedule 36.
5
Paragraph (1) does not apply in the case of payments of a scheme pension or dependants’ scheme pension payable in respect of a defined benefits arrangement where —
a
the pension scheme under which that arrangement was made (“the relevant pension scheme”) had 20 or more members in relation to whom a defined benefits arrangement was in existence on or before 5th April 2011, and
b
the defined benefits arrangement under the relevant pension scheme was in existence in relation to the member on or before 5th April 2011.
6
Paragraph (2) does not apply in the case of payments of a scheme pension payable under an annuity contract where that annuity contract is treated as having become a registered pension scheme under section 153(8A) of the Finance Act 2004 .
7
For the purposes of this regulation a “non-EEA annuity provider” means a person resident in a country or territory outside the European Economic Area —
a
whose normal business includes the provision of annuities; and
b
who is regulated in the conduct of that business by —
i
the government of that country or territory, or
ii
a body established under the law of that country or territory for the purpose of regulating such business.
4
1
Excess payments of a lifetime annuity or dependants’ annuity unless the payments fall within paragraph (4).
2
Excess payments are payments that exceed the amount of the minimum annuity guaranteed to be paid each year under the annuity contract for the annuity over its full term.
3
For the purposes of this regulation “full term” means the minimum period over which a lifetime annuity or a dependants’ annuity must be payable in accordance with the applicable provision of paragraphs 3(1), 17(1)(d) or (e) of Schedule 28 to the Finance Act 2004 .
4
Paragraph (1) does not apply to payments of a lifetime or dependants’ annuity where the annual amount of the annuity —
a
cannot decrease, or
b
is determined in accordance with the manner prescribed in regulation 2(2)(a)(i) (variation in line with the RPI ) of the Registered Pension Schemes (Prescribed Manner of Determining Amount of Annuities) Regulations 2006 .
Angela Watkinson
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
20th July 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export Control (Eritrea and Miscellaneous Amendments) Order 2011 and comes into force on 13th June 2011.
2
In this Order —
“the 1979 Act ” means the Customs and Excise Management Act 1979 ;
“the 2008 Order ” means the Export Control Order 2008 ;
“designated person” means a person listed in Annex I to the Regulation ;
“military goods and technology” means arms and related materiel of all types included in the Common Military List of the European Union ;
“the Regulation” means Council Regulation (EU) No 667/2010 concerning certain restrictive measures in respect of Eritrea, and references to Annex I of that Regulation are to be construed as references to that Annex as amended from time to time.
3
An expression used both in this Order and in the Regulation has the meaning that it bears in the Regulation.
Offences in relation to Eritrea
2
1
A person who contravenes any of the following provisions of the Regulation commits an offence —
a
Article 2(1)(a) (prohibition on provision of technical assistance related to military activities or to the provision etc. of military goods and technology to any natural or legal person, entity or body in, or for use in, Eritrea);
b
Article 2(1)(b) (prohibition on provision on financing or financial assistance related to military goods and technology to any natural or legal person, entity or body in, or for use in, Eritrea);
c
Article 2(1)(c) (prohibition on obtaining technical assistance related to military activities or to the provision etc. of military goods and technology from any natural or legal person, entity or body in Eritrea);
d
Article 2(1)(d) (prohibition on obtaining financing or financial assistance related to military activities or for the provision of technical assistance and brokering services from any natural or legal person, entity or body in Eritrea).
2
A person who contravenes Article 2(1)(e) of the Regulation (prohibition on participation, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions in Article 2(1)(a), (b), (c) or (d)) of the Regulation) commits an offence and may be arrested.
Offences in relation to designated persons
3
1
A person who contravenes any of the following provisions of the Regulation commits an offence —
a
Article 8(1)(a) (prohibition on provision of technical assistance related to military activities or to the provision of military goods and technology to any designated person);
b
Article 8(1)(b) (prohibition on provision of financing or financial assistance related to military activities or to the provision etc. of military goods and technology to any designated person).
2
A person who contravenes Article 8(2) of the Regulation (prohibition on participation, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions in Article 8(1)(a) or (b)) of the Regulation) commits an offence and may be arrested.
Overlap with the 2008 Order
4
A person is not guilty of an offence under the 2008 Order who would, apart from this paragraph, be guilty of —
a
an offence under this Order; and
b
a corresponding offence under the 2008 Order.
Penalties
5
1
A person guilty of an offence under article 2(1) or article 3(1) of this Order is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
A person guilty of any other offence under this Order is liable —
a
on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or to both;
b
on conviction on indictment to a fine or to imprisonment for a term not exceeding two years, or to both.
Application of the 1979 Act
6
1
Where the Commissioners for Her Majesty’s Revenue and Customs investigate or propose to investigate any matter with a view to determining —
a
whether there are grounds for believing that an offence under this Order has been committed; or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter.
2
Section 77A of the 1979 Act (provision as to information powers) shall apply to a person concerned in an activity which, if not authorised by an EU authorisation, would contravene Articles 2 or 8 of the Regulation and accordingly references in section 77A of the 1979 Act to exportation shall be read as including any such activity.
3
Section 138 of the 1979 Act (provision as to arrest of persons) shall apply to the arrest of a person for an offence under this Order as it applies to the arrest of a person for an offence under the customs and excise Acts.
4
Sections 145 , 146 , 146A , 147 , 148, 150 , 151 , 152 , 154 , and 155 of the 1979 Act (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under this Order as they apply in relation to offences and penalties under the customs and excise Acts.
5
For the purposes of this article, “the customs and excise Acts” and “assigned matter” have the same meanings as in section 1 of the 1979 Act.
Amendment to the Export Control (North Korea) Order 2007
7
In the definition of “the Regulation” in article 1(2) of the Export Control (North Korea) Order 2007 , following “Council Regulation (EC) No 329/2007 ” delete “as amended by Commission Regulation (EC) No 117/2008 and Council Regulation (EU) No 1283/2009 ” and substitute “as last amended by Council Regulation (EU) No 567/2010 ”.
Amendment to the 2008 Order
8
In Schedule 2 to the 2008 Order, in entry ML9a.1. following “and components therefor specially designed” insert “or modified”.
Review
9
1
Before the end of each review period, the Secretary of State must —
a
carry out a review of this Order,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to the rules on penalties applicable to infringements of the provisions of the Regulation and the measures taken to implement them in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the rules on penalties applicable to infringements of the provisions of the Regulation established by this Order and the measures taken to implement them,
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
“Review period” means —
a
the period of five years beginning with the day on which this Order comes into force, and
b
subject to paragraph (5), each successive period of five years.
5
If a report under this Order is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
Mark Prisk
Minister of State for Business and Enterprise
Department for Business, Innovation and Skills
18th May 2011


text:
Citation and commencement
1
This Order may be cited as the Prevention of Terrorism Act 2005 (Continuance in Force of Sections 1 to 9) Order 2011 and shall come into force on 11th March 2011.
Continuance in force of sections 1 to 9 of the Prevention of Terrorism Act 2005
2
Sections 1 to 9 of the Prevention of Terrorism Act 2005 shall not expire in accordance with article 2 of the Prevention of Terrorism Act 2005 (Continuance in Force of Sections 1 to 9) Order 2010 but shall continue in force for a period ending on 31st December 2011.
Theresa May
One of Her Majesty’s Principal Secretaries of State
Home Office
10th March 2011


text:
Citation, commencement and application
1
These Regulations —
a
may be cited as the Animal By-Products (Enforcement) and Transmissible Spongiform Encephalopathies (England) (Amendment) Regulations 2011;
b
come into force on 30th November 2011; and
c
apply in England.
Amendments of the Animal By-Products (Enforcement) (England) Regulations 2011
2
The Animal By-Products (Enforcement) (England) Regulations 2011 are amended as follows —
a
in regulation 4 (access) for “regulations 5 and 6” substitute “regulation 5”;
b
in regulation 9 (remote areas) omit paragraph (c);
c
after regulation 29 insert —
Review of these Regulations
30
1
The Secretary of State must from time to time —
a
carry out a review of these Regulations;
b
set out the conclusions of the review in a report; and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the EU Control Regulation and the EU Implementing Regulation are implemented in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by these Regulations;
b
assess the extent to which those objectives are achieved; and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
4
The first report under this regulation must be published before the end of the period of five years beginning with 30th November 2011.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
; and
d
in Schedule 1 (animal by-product requirements), after item 3 insert a new item 3A with the following contents —
i
in column 1 insert “ 3A. Restrictions on access to carcases”,
ii
in column 2 insert “Articles 12, 13 and 21(1) of the EU Control Regulation”, and
iii
in column 3 insert “Regulation 6 of these Regulations”.
Amendments of the Transmissible Spongiform Encephalopathies (England) Regulations 2010
3
The Transmissible Spongiform Encephalopathies (England) Regulations 2010 are amended as follows —
a
after regulation 23 insert —
Review of these Regulations
24
1
The Secretary of State must from time to time —
a
carry out a review of these Regulations;
b
set out the conclusions of the review in a report; and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the EU TSE Regulation is implemented in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by these Regulations;
b
assess the extent to which those objectives are achieved; and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
4
The first report under this regulation must be published before the end of the period of five years beginning with 30th November 2011.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
; and
b
in Schedule 2 (TSE monitoring), in Part 1, in sub-paragraphs (1) and (2) of paragraph 6 (remote areas), omit “, the Isle of Wight”.
James Paice
Minister of State
Department for Environment, Food and Rural Affairs
8th November 2011


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Investment Trusts (Dividends) (Optional Treatment as Interest Distributions) (Amendment) Regulations 2011 and shall come into force on 1st January 2012.
2
These Regulations shall have effect in relation to amounts distributed in respect of accounting periods beginning on or after 1st January 2012.
Amendment to the Investment Trusts (Dividends) (Optional Treatment as Interest Distributions) Regulations 2009
2
The Investment Trusts (Dividends) (Optional Treatment as Interest Distributions) Regulations 2009 are amended as follows.
Amendment of regulation 6 (notification of designation of dividends as interest distributions)
3
Omit regulation 6 (notification of designation of dividends as interest distributions).
Amendment of regulation 12 (failure to obtain approval as an investment trust)
4
For regulation 12 (failure to obtain approval as an investment trust) substitute —
12
No amount may be distributed as an interest distribution by a company in relation to an accounting period for which the company is not approved, or is treated as not having been approved, in accordance with regulations made under section 1159 of the Corporation Tax Act 2010 .
.
Angela Watkinson
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
8th December 2011


text:
Citation and commencement
1
These Regulations may be cited as the Care Quality Commission (Membership) (Amendment) Regulations 2011 and shall come into force on 28th November 2011.
Amendment of the Care Quality Commission (Membership) Regulations 2008
2
1
The Care Quality Commission (Membership) Regulations 2008 are amended as follows.
2
In regulation 2 (members), for “six” substitute “not less than six and not more than ten”.
3
In regulation 5 (cessation of disqualification), in paragraph (3) —
a
for “19” substitute “19A”; and
b
after “cessation of” insert “or removal”.
4
In the Schedule (grounds for disqualification) —
a
after paragraph 19 insert —
19A
The person has been removed from office as a member of Social Care and Social Work Improvement Scotland established under section 44 of the Public Services Reform (Scotland) Act 2010 (Social Care and Social Work Improvement Scotland) pursuant to paragraph 5 of Schedule 11 to that Act (removal of members).
;
b
in paragraph 23(a) for “Tribunal” substitute “First-tier Tribunal”;
c
after paragraph 23 insert —
23A
The person’s registration under Part 1 of the Health and Social Care Act 2008 has been cancelled by an order of a justice of the peace under section 30 of that Act (urgent procedure for cancellation) except where that order has been subject to a direction by the First-tier Tribunal given under section 32 of that Act that it ceases to have effect.
; and
d
in paragraph 24 for “22 or 23” substitute “22, 23 or 23A”.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State for Health,
Department of Health
25th October 2011


text:
Citation and commencement
1
These Regulations may be cited as the Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Amendment) Regulations 2011 and come into force on the day after the day on which they are made.
Interpretation
2
In these Regulations “the 2005 Regulations ” means the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 .
Amendment of the 2005 Regulations
3
The 2005 Regulations are amended as follows.
4
In regulation 2 (interpretation) —
a
for the definition of “discharge” substitute —
“business day” means any day, except a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in any part of the United Kingdom by virtue of the Banking and Financial Dealings Act 1971 ;
“discharge”, in relation to oil, means any intentional emission of the oil from an offshore installation into the relevant area;
;
b
omit the definition of “emission”, and in its place insert —
“enforcement notice” means a notice served under regulation 13(1) or (1A);
;
c
after the definition of “existing exemption”, insert —
“installation” includes any floating structure or device maintained on a station by whatever means;
“notice” means notice in writing;
;
d
for the definition of “offshore installation”, substitute —
“offshore installation” means an installation or pipeline which is used for the purposes of, or in connection with, any activity in respect of which the Secretary of State exercises functions under the Petroleum Act 1998;
e
after the definition of “operator”, insert —
“permit” means an authorisation granted by the Secretary of State pursuant to these Regulations to discharge oil;
f
in the definition of “permit holder” omit “granted under these Regulations”;
g
in the definition of “pollution”, for “relevant waters” substitute “the relevant area”;
h
after the definition of “pollution”, insert —
“prohibition notice” means a notice served under regulation 14(1);
“release”, in relation to oil, means the emission (other than by way of discharge) of the oil from an offshore installation into the relevant area;
;
i
omit the definition of “relevant waters” and in its place insert —
“relevant area” means that area (together with places above and below it) comprising —
those parts of the sea adjacent to England from the low water mark to the landward baseline of the United Kingdom territorial sea;
the United Kingdom territorial sea apart from those areas comprised in Scottish controlled waters and Welsh controlled waters; and
those areas of sea in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964 ;
; and
j
after the definition of “Scottish controlled waters”, insert —
“Welsh controlled waters” means those parts of the territorial sea adjacent to Wales which are controlled waters within the meaning of section 104 of the Water Resources Act 1991 .
5
In regulation 3 (discharge permits) —
a
in paragraph (1), omit “into relevant waters” and “granted in accordance with these Regulations”;
b
in paragraph (2) —
i
omit “under these Regulations”; and
ii
for sub-paragraph (c), substitute —
c
the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008 .
;
c
in paragraph (3)(a), omit “in writing”; and
d
omit paragraph (4).
6
After regulation 3 insert —
Prohibition on the release of oil
3A
No person shall —
a
release any oil; or
b
allow such a release to continue.
.
7
In regulation 4 (grant or refusal and contents of permits) —
a
in sub-paragraph (c) of paragraph (2) for “accidents” substitute “incidents”;
b
for paragraph (3), substitute —
3
A permit may be granted for a period specified in the permit or without limit of time.
; and
c
after paragraph (4) insert —
5
Where a permit is granted, the Secretary of State must send the permit to the applicant.
6
Where a permit is refused, the Secretary of State must send notice of such refusal to the applicant.
8
In regulation 5 (contents of permit application) —
a
in paragraph (1) —
i
omit “by the operator of the offshore installation”;
ii
after sub-paragraph (b) omit “and”;
iii
in sub-paragraph (c) for “sought.” substitute “sought; and”; and
iv
after sub-paragraph (c) insert —
d
an assessment of the risk of harm to the environment from the proposed discharge of oil.
; and
b
in paragraph (2) —
i
omit “in writing”; and
ii
for “operator” substitute “applicant”.
9
After regulation 5 insert —
Publicity for permit applications
5A
1
Except where the permit application is one to which paragraph (5) applies, for a period of not less than four weeks immediately following the publication of the notice referred to in paragraph (2) (or last publication, where it is published in more than one newspaper or on more than one occasion), a permit applicant shall —
a
having regard to the general whereabouts of any persons likely to be interested in, or affected by, the discharge of oil to which the application relates, make a copy of the application available for public inspection between the hours of 10 am and 4 pm on business days at an address in the United Kingdom; and
b
subject to paragraph (4), supply a copy of the application to any person on request.
2
A permit applicant shall publish in such newspapers on such occasions as to be likely to come to the attention of any persons likely to be interested in, or affected by, the discharge of oil to which the application relates, a notice which —
a
describes the application;
b
gives the address at which a copy of the application may be inspected;
c
gives the address from which a copy of the application may be requested and specifies the amount of any payment required in accordance with paragraph (4); and
d
states a date not less than four weeks after the date on which the notice is to be last published by which any person may make representations in relation to the application to the Secretary of State and specifies the address to which any such representations are to be sent.
3
The permit applicant shall provide the Secretary of State with copies of the newspapers in which the notice appeared.
4
Where a copy of the application is demanded in accordance with paragraph (1)(b), the permit applicant —
a
must supply a copy as soon as reasonably practicable; and
b
may make the supply of a copy conditional on the payment of a sum reflecting the cost of printing and distribution, subject to a maximum of £10 per copy.
5
This regulation does not apply to applications made —
a
in connection with a relevant project for which the Secretary of State gives a direction, pursuant to regulation 6 of the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 , that no environmental statement need be prepared;
b
in connection with a discharge from a pipeline, being a discharge to which the Secretary of State gives consent pursuant to an authorisation issued under Part 3 of the Petroleum Act 1998 ; or
c
in connection with activities carried out in accordance with an abandonment programme approved by the Secretary of State under Part 4 of the Petroleum Act 1998 .
10
In regulation 6 (fees) —
a
in paragraph (1) after “charge” insert “applicants for permits, permit holders or”; and
b
in paragraph (2), for sub-paragraphs (a) to (c) substitute —
a
an application for the grant or renewal of a permit;
b
a review, or an application for a review, of a permit or the conditions to which it is subject;
c
a request for the Secretary of State’s consent to the transfer of a permit;
.
11
After regulation 6 insert —
Application for renewal of an existing permit
6A
1
Subject to paragraph (2), a permit holder may apply in writing to the Secretary of State to renew the permit.
2
An application for renewal of a permit pursuant to paragraph (1) shall be made no more than three months before the expiry of the permit.
3
The Secretary of State may grant or refuse an application received under paragraph (1).
4
Where the Secretary of State grants the renewal of a permit —
a
the Secretary of State may make the grant subject to such further terms and conditions as the Secretary of State considers fit; and
b
notice of the renewal and of any terms and conditions to which the renewal is subject under sub-paragraph (a) has effect once served on the applicant.
5
Where the Secretary of State refuses an application under this regulation, notice of such refusal shall be sent to the applicant.
.
12
In paragraphs (3) and (6) of regulation 7, omit “in writing”.
13
For regulation 8 (assignment of permit) substitute —
Transfer of permit
8
A permit holder shall not, except with the prior consent in writing of the Secretary of State and in accordance with the conditions (if any) of the consent, transfer the permit or any rights granted under the permit, to another person.
.
14
In regulation 9 (revocation and surrender of permits) omit —
a
“in writing” in both places where it occurs; and
b
“granted pursuant to these Regulations”.
15
After regulation 9 insert —
Register of permits to be kept by the Secretary of State
9A
1
The Secretary of State shall keep a register at a place in the United Kingdom in which shall be entered —
a
the terms and conditions of any permits; and
b
the results of any monitoring information required to be sent to the Secretary of State under the conditions of any permit.
2
The register shall be open to public inspection on business days from 10 am to 4 pm.
.
16
After regulation 11 (registry) insert —
Provision of information to the Secretary of State
11A
1
A person who discharges or releases oil shall provide the Secretary of State with such information as the Secretary of State may reasonably require for the purpose of performing the Secretary of State’s functions under these Regulations.
2
The permit holder or, if there is no permit holder, the operator shall without delay provide the Secretary of State with information, in such form and in such manner as the Secretary of State may direct, of —
a
an incident resulting in a discharge of oil save in accordance with the terms of, or conditions attached to, a permit;
b
an incident resulting in a release; or
c
any other incident involving oil where there has been, or may be, any significant effect on the environment by means of pollution.
3
For the purposes of this regulation “effect” includes any direct, indirect, secondary, cumulative, short, medium or long-term, permanent or temporary, or positive or negative effect.
17
In regulation 12 (inspectors) —
a
in sub-paragraph (b) of paragraph (1) after “discharge” insert “or release”;
b
in paragraph (3) —
i
in sub-paragraph (a) after “discharge” insert “or release”; and
ii
in sub-paragraph (j) omit “granted under these Regulations”.
18
In regulation 13 (enforcement notices) —
a
in paragraph (1) omit “in writing (“an enforcement notice”)”;
b
after paragraph (1), insert —
1A
If the Secretary of State is of the opinion that a release or a discharge without a permit has occurred, is occurring, or is likely to occur, the Secretary of State or an inspector appointed under regulation 12 may serve on the permit holder or, if there is no permit holder, the operator, a notice which —
a
states that the Secretary of State is of that opinion;
b
specifies the matters which constituted, constitute, or are likely to constitute the release or discharge;
c
specifies the remedial steps that must be taken; and
d
specifies the period within which those steps must be taken.
1B
The Secretary of State may serve a notice on a permit holder to vary the period within which remedial steps must be taken under an enforcement notice.
;
c
in paragraph (3) —
i
after “paragraph (1)(c)” insert “or (1A)(c)”; and
ii
after “contravention” insert “, release or discharge”;
d
in paragraph (6), omit “served under paragraph (1)”; and
e
in paragraph (7), for “paragraphs (1) and (4)” substitute “paragraph (1), (1A) or (4)”.
19
In regulation 14 (prohibition notices) —
a
in paragraph (1) —
i
after “discharge” insert “or release”;
ii
omit “in writing (“a prohibition notice”)”; and
iii
after “permit holder” insert “or, if there is no permit holder, the operator”;
b
in paragraph (2) omit “granted under these Regulations”; and
c
in paragraph (3) —
i
in sub-paragraph (c) omit “and the period within which they must be taken”;
ii
after sub-paragraph (c) —
aa
omit “and”; and
bb
insert —
ca
may specify the period within which any such steps must be taken; and
; and
iii
in sub-paragraph (d) omit “granted under these Regulations”.
20
In regulation 15 (appeal to the High Court, Court of Session, or High Court in Northern Ireland) —
a
for paragraph (2) substitute —
2
Subject to paragraph (6), any applicant for a permit, permit holder or operator aggrieved by a decision of the Secretary of State made under these Regulations may appeal to the court.
;
b
in paragraph (3) —
i
in each of sub-paragraphs (a), (b) and (c) after “discharge” insert “or release”;
ii
in paragraph (b) omit “(excluding Scottish controlled waters)”; and
c
in paragraph (4) —
i
after “discharged” where it occurs for the first and third time insert “or released”;
ii
omit “(excluding Scottish controlled waters)”.
21
In regulation 16 (offences) —
a
in paragraph (1) —
i
after sub-paragraph (a) insert —
aa
contravenes regulation 3A;
;
ii
in sub-paragraph (c) omit “granted under these Regulations”;
iii
in sub-paragraph (d) for “3(4)” substitute “11A”; and
iv
in paragraph (i) of sub-paragraph (g) for “assignment” substitute “transfer”.
b
in paragraph (2) —
i
after “(1)(a)” insert “or (1)(aa)” and delete “, (1)(b), (1)(c) or 1(d),” and
ii
after “contravention” delete “or failure”;
c
in paragraph (3), for sub-paragraph (a) substitute —
a
that the thing done was not a reasonable step to take in the circumstances;
;
d
in paragraph (4), omit “into relevant waters”; and
e
after paragraph (10) insert —
11
Proceedings in England and Wales for an offence under this regulation may be brought only by, or with the consent of, the Secretary of State or the Director of Public Prosecutions.
12
Proceedings in Northern Ireland for an offence under this regulation may be brought only by, or with the consent of, the Secretary of State or the Director of Public Prosecutions for Northern Ireland.
.
22
In regulation 18 (Disapplication or consequential modifications of enactments), in paragraph (1), for “discharges of oil which are regulated by a permit” substitute “any emission of oil which is a discharge or release for the purposes of these Regulations”.
Amendment of the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010
23
Article 9 of the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 is amended as follows —
a
in paragraphs (2) and (3), for “installation established or maintained” insert “installation or pipeline established or maintained”; and
b
in paragraph (3), for “relevant waters” to the end, substitute “the relevant area does not include areas (or places above and below them) comprised in the territorial sea adjacent to Scotland or Wales.”.
Transitional provision
24
The amendments made by regulation 21 do not have effect in relation to a contravention which occurred, or proceedings which commenced, before the coming into force of these Regulations.
Marland of Odstock
Parliamentary Under Secretary of State
Department of Energy and Climate Change
29th March 2011


text:
1
This Order may be cited as the Consular Fees (Amendment) Order 2011 and comes into force on 27th July 2011.
2
1
Part 2 of Schedule 1 to the Consular Fees Order 2011 is amended as follows.
2
In paragraph A(a) and (b) and in paragraph B, after “in addition to direct costs if any” insert “,other than delivery costs to the extent that these fall within paragraphs BA to BC, and in addition to any fee relevant to the application set out in paragraphs BA to BC”.
3
After paragraph B insert–
BA Arranging delivery of a passport for an application made abroad for a 32 or 48 page passport and if the application is successful, delivering the passport — (a) to a British Forces Post Office address where the applicant is a member of or attached to Her Majesty’s Diplomatic Service or a dependant of such a person 5.77 (b) to a United Kingdom address (other than a British Forces Post Office address) where the applicant is a member of or attached to Her Majesty’s Diplomatic Service or a dependant of such a person 5.47 (c) to a British Forces Post Office address, where the applicant is a member of the Armed Forces or a dependant of such a person 5.47 (d) to a United Kingdom embassy, High Commission or consulate by diplomatic channels 11.41 (e) to an address specified by the applicant or the Secretary of State, where (a) to (d) do not apply 9.70 BB Arranging the return of supporting documents accompanying an application or applications (up to a maximum of four applications) made abroad for a 32 or 48 page passport 10.16 BC Forwarding an application or applications (up to a maximum of four) made abroad for a 32 or 48 page passport to a Regional Passport Processing Centre for consideration 13.31
3
The amendments made by this Order to the Consular Fees Order 2011 do not apply in relation to an application where any passport provided will be printed other than in the United Kingdom.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Education (Nutritional Standards and Requirements for School Food) (England) (Amendment) Regulations 2011 and come into force on 1st September 2011.
Amendment of the Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007
2
1
The Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007 are amended as follows.
2
In regulation 2(1), after the definition of “the Fruit Juices Regulations” insert —
“boarding school” means a school which has boarding pupils, whether or not it also has day pupils;
.
3
For regulation 7, substitute —
7
1
Subject to paragraphs (2) and (3), food provided to pupils on school premises on a school day before 6 p.m. otherwise than as part of a school lunch must be provided in accordance with the requirements set out in Schedule 4.
2
Paragraph (1) does not apply in relation to any part of school premises which is under the control of another person by virtue of a transfer of control agreement.
3
The requirements set out in paragraphs 6 and 7 of Schedule 4 do not apply in relation to confectionery, snacks, cakes or biscuits provided to pupils at a boarding school as part of an evening meal.
.
Sarah Teather
Minister of State
Department for Education
28th April 2011


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements)(Amendment) Regulations 2011 and come into force on 25th November 2011.
Amendments to the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004
2
The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 are amended in accordance with the provisions in Schedule 1.
Amendments to the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997
3
The Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 are amended in accordance with the provisions in Schedule 2.
Signed by authority of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
1st November 2011


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Afghanistan (Asset-Freezing) Regulations 2011 and shall come into force on 5th August 2011.
2
An offence under these Regulations may be committed by conduct wholly or partly outside the United Kingdom by —
a
a UK national, or
b
a body incorporated or constituted under the law of any part of the United Kingdom.
3
In paragraph (2) —
“conduct” includes acts and omissions;
“UK national” means —
a British citizen,
a British overseas territories citizen who acquired their citizenship from a connection with Gibraltar, or
a British subject under Part 4 of the British Nationality Act 1981 (British subjects) with the right of abode in the United Kingdom.
Interpretation
2
1
In these Regulations —
“the 2000 Act ” means the Financial Services and Markets Act 2000 ;
“the Council Regulation ” means Council Regulation (EU) No 753/2011 of 1 August 2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan, and a reference to Annex I to that Regulation is to be construed as a reference to that Annex as amended from time to time;
“designated person” means a person, group, undertaking or entity listed in Annex I to the Council Regulation;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;
“relevant institution” means —
a person who has permission under Part 4 of the 2000 Act (permission to carry on regulated activities);
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the 2000 Act (EEA passport rights) which has permission under paragraph 15 of that Schedule as a result of qualifying for authorisation under paragraph 12 of that Schedule to accept deposits; or
an undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means or cashes cheques which are made payable to customers.
2
The definition of “relevant institution” in paragraph (1) must be read with —
a
section 22 of the 2000 Act (the classes of activity and categories of investment),
b
any relevant order under that section , and
c
Schedule 2 to that Act (regulated activities).
3
Any expression used both in these Regulations and in the Council Regulation has the meaning that it bears in the Council Regulation.
Freezing of funds and economic resources
3
1
A person (“P”) must not deal with funds or economic resources belonging to, or owned, held or controlled by, a designated person if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources.
2
In paragraph (1) “deal with” means —
a
in relation to funds —
i
use, alter, move, allow access to or transfer;
ii
deal with the funds in any other way that would result in any change of volume, amount, location, ownership, possession, character or destination; or
iii
make any other change that would enable use, including portfolio management; and
b
in relation to economic resources, exchange, or use in exchange, for funds, goods or services.
3
Paragraph (1) is subject to regulation 9.
Making funds available to a designated person
4
1
A person (“P”) must not make funds available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
Paragraph (1) is subject to regulations 8 and 9.
Making funds available for the benefit of a designated person
5
1
A person (“P”) must not make funds available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
For the purposes of this regulation —
a
funds are made available for the benefit of the designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulations 8 and 9.
Making economic resources available to a designated person
6
1
A person (“P”) must not make economic resources available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect —
a
that P is making the economic resources so available, and
b
that the designated person would be likely to exchange the economic resources, or use them in exchange, for funds, goods or services.
2
Paragraph (1) is subject to regulation 9.
Making economic resources available for the benefit of a designated person
7
1
A person (“P”) must not make economic resources available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the economic resources so available.
2
For the purposes of this regulation —
a
economic resources are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulation 9.
Credits to a frozen account
8
1
The prohibitions in regulations 4 and 5 are not contravened by a person who credits a frozen account with —
a
interest or other earnings due on the account, or
b
payments due under contracts, agreements or obligations that were concluded or arose before the account became a frozen account.
2
The prohibitions in regulations 4 and 5 on making funds available do not prevent a relevant institution from crediting a frozen account where it receives funds transferred to the account.
3
A relevant institution must inform the Treasury without delay if it credits a frozen account in accordance with paragraph (1)(b) or (2).
4
In this regulation “frozen account” means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person.
Licences
9
1
The prohibitions in regulations 3 to 7 do not apply to anything done under the authority of a licence granted by the Treasury.
2
A licence must specify the acts authorised by it and may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions;
c
of indefinite duration or subject to an expiry date.
3
The Treasury may vary or revoke a licence at any time.
4
On the grant, variation or revocation of a licence, the Treasury must —
a
in the case of a licence granted to a particular person, give written notice of the grant, variation or revocation to that person,
b
in the case of a general licence or a licence granted to a category of persons, take such steps as the Treasury consider appropriate to publicise the grant, variation or revocation of the licence.
5
A person commits an offence who, for the purposes of obtaining a licence, knowingly or recklessly —
a
provides information that is false in a material respect, or
b
provides or produces a document that is not what it purports to be.
6
A person who purports to act under the authority of a licence but who fails to comply with any conditions included in the licence commits an offence.
Contravention and circumvention of prohibitions
10
1
A person who contravenes any of the prohibitions in regulations 3 to 7 commits an offence.
2
A person commits an offence who intentionally participates in activities knowing that the object or effect of them is (whether directly or indirectly) —
a
to circumvent any of the prohibitions in regulations 3 to 7, or
b
to enable or facilitate the contravention of any such prohibition.
Information provisions
11
The Schedule (which contains provisions concerning information gathering and disclosure) has effect.
Cooperation with UK or international investigations
12
The Treasury must take such steps as they consider appropriate to cooperate with any investigation, in the United Kingdom or elsewhere, relating to the funds, economic resources or financial transactions of a designated person.
Officers of a body corporate etc.
13
1
Where an offence under these Regulations committed by a body corporate —
a
is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or
b
is attributable to any neglect on the part of any such person,
that person as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
In paragraph (1) “director”, in relation to a body whose affairs are managed by its members, means a member of the body corporate.
3
Paragraph (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body of a reference —
a
in the case of a partnership, to a partner;
b
in the case of an unincorporated body other than a partnership —
i
where the body’s affairs are managed by its members, to a member of the body;
ii
in any other case, to a member of the governing body.
Penalties
14
1
A person guilty of an offence under regulation 9 or 10 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.
2
A person guilty of an offence under paragraph 1(5) or 4(1) of the Schedule is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
Proceedings
15
1
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
2
In England and Wales an information relating to an offence that is triable by a magistrates’ court may be so tried if it is laid —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.
3
In Scotland —
a
summary proceedings for an offence may be commenced —
i
before the end of twelve months from the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to the Lord Advocate’s knowledge, and
ii
not later than three years after the commission of the offence; and
b
section 136(3) of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.
4
In Northern Ireland summary proceedings for an offence may be instituted —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor.
5
For the purposes of this regulation a certificate of the prosecutor (or in Scotland, the Lord Advocate) as to the date on which such evidence as is referred to above came to their notice is conclusive evidence.
Consent to prosecution
16
1
Proceedings for an offence under these Regulations (other than a summary offence) may not be instituted —
a
in England and Wales, except by or with the consent of the Attorney General,
b
in Northern Ireland —
i
where the offence is committed wholly or partly outside Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland;
ii
for all other offences, except by or with the consent of the Director for Public Prosecutions for Northern Ireland.
2
Nothing in paragraph (1) prevents —
a
the arrest of a person in respect of an offence under these Regulations, or
b
the remand in custody or on bail of any person charged with such an offence.
Notices
17
1
This regulation has effect in relation to any notice to be given to a person by the Treasury under regulation 9.
2
Any such notice may be given —
a
by posting it to the person’s last known address, or
b
where the person is a body corporate, partnership or unincorporated body other than a partnership, by posting it to the registered or principal office of the body or partnership concerned.
3
Where the Treasury do not have an address for the person, they must make arrangements for the notice to be given to the person at the first available opportunity.
The Crown
18
1
These Regulations bind the Crown.
2
No contravention by the Crown of a provision of these Regulations makes the Crown criminally liable.
3
The High Court or, in Scotland, the Court of Session may, on the application of a person appearing to the court to have an interest, declare unlawful any act or omission of the Crown that constitutes a contravention of a provision of these Regulations.
4
Nothing in this regulation affects Her Majesty in her private capacity.
5
Paragraph (4) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in these Regulations.
Amendment
19
In section 63(1) of the Counter-Terrorism Act 2008 (application to set aside financial restrictions decision) , after paragraph (ac) insert —
ad
the Afghanistan (Asset-Freezing) Regulations 2011 ( S.I. 2011/1893 ),
.
Jeremy Wright
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd August 2011


text:
Citation, commencement and effect
1
These Regulations may be cited as the Child Trust Funds (Amendment) Regulations 2011 and come into force on 7th April 2011.
Amendment of the Child Trust Funds Regulations 2004
2
The Child Trust Funds Regulations 2004 are amended as follows.
3
Omit regulation 33 (information about “looked after children” from Local Authorities).
4
In regulation 33A (the Official Solicitor or Accountant of Court to be the person who has authority to manage an account) —
a
for paragraph (1) substitute —
1
Every local authority shall be under a duty to —
a
identify any child who —
i
is born after 31st August 2002 and before 3rd January 2011,
ii
is under 16 years of age at the end of the return period, and
iii
during the return period falls within the circumstances specified in paragraph (2) for the first time since the child became looked after (in Scotland, looked after and accommodated) by the local authority; and
b
deliver to the Board, within 10 days of the end of each return period and by means of electronic communications, a return for that period in a form specified by the Board containing the information specified in paragraph (2A) for each child identified under sub-paragraph (a) .
;
b
after paragraph (2) insert —
2A
The information specified in this paragraph is —
a
the name, address and unique identifier of the local authority making the return;
b
the name of the local authority officer responsible for the return;
c
the full name, sex and date of birth of the child;
d
the full name and address of the child’s mother, if known by the local authority (or failing that the full name and address of the child’s father, if known), unless the local authority considers the child’s situation to be particularly sensitive;
e
any information that the local authority has about whether the child is or may be a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 , and the nature of that information;
f
a correspondence address for the child; and
g
if known by the local authority, the child’s unique reference number as stated on the voucher issued under section 5(1) of the Child Trust Funds Act 2004 (if any).
;
c
for paragraph (3)(a) substitute —
a
the local authority delivers to the Board a return under this regulation in respect of any child, and
;
d
for paragraph (6) substitute —
6
In this regulation —
“local authority” includes an authority within the meaning of the Children (Northern Ireland) Order 1995 ;
“looked after and accommodated child”, in Scotland, means a child who is —
both looked after, and provided with or placed in accommodation, by a local authority within the meaning of those expressions in Part 2 of the Children (Scotland) Act 1995 , or
accommodated by a local authority under section 22 of that Act,
and related expressions shall be construed accordingly;
“looked after child” —
in England and Wales, has the meaning given in section 22(1) of the Children Act 1989 , extended to include a child accommodated by a local authority under section 17 of that Act, and
in Northern Ireland, means a child accommodated under Part 4 of the Children (Northern Ireland) Order 1995,
and related expressions shall be construed accordingly;
“return period” means a period —
beginning on 7th April 2011 and ending on 6th May 2011, and
each succeeding period of one month.
.
Angela Watkinson
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 2011