text:
PART 1
GENERAL Citation and commencement 1 1 This Order may be cited as the Kaupthing Singer & Friedlander Limited Transfer of Certain Rights and Liabilities Order 2008. 2 This Order comes into force at 12.15 p.m. on 8th October 2008. Interpretation 2 In this Order — “ the 1986 Act ” means the Insolvency Act 1986 ; “ the 2000 Act ” means the Financial Services and Markets Act 2000 ; “ the Act ” means the Banking (Special Provisions) Act 2008; “ administrator ” means an administrator appointed under paragraph 13, 14 or 22 of Schedule B1 (Administration) to the 1986 Act or on an administration application made to the court (and if more than one administrator is appointed, the reference to “the administrator” is to any administrator so appointed); “ the Authority ” means the Financial Services Authority; “ the Bank ” means the Governor and Company of the Bank of England; “ Community law ” means — all the rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Community Treaties; and all the remedies and procedures from time to time provided for by or under the Community Treaties; “ the COMP Sourcebook ” means the Compensation Sourcebook made by the Authority under the 2000 Act; “ Deposits Management (Edge) ” means Frontpedal Limited (in the process of changing its name to Deposits Management (Edge) Limited), company registered number 6690432, a company which is for the purposes of the Act wholly owned by the Bank; “ Edge account ” has the meaning given in article 3(4); “ the effective time ” means the time this Order comes into force; “ eligible claimant ” has the meaning given in rule 4.2.1 of the COMP Sourcebook; “ the FEES 6 Chapter ” means Chapter 6 (Financial Services Compensation Scheme Funding) of the Fees Manual made by the Authority under the 2000 Act; “ the Financial Services Compensation Scheme ” means the scheme established by the Authority under Part 15 of the 2000 Act (The Financial Services Compensation Scheme); “ the first transfer ” means the transfer effected by article 3; “ FSCS ” means the body corporate established by the Authority under section 212 of the 2000 Act (the Scheme Manager); “ ING ” means ING Direct N.V., a limited liability company incorporated in the Netherlands acting through its branch in the United Kingdom with branch reference number BR7357; “ the Insolvency Rules ” means the Insolvency Rules 1986 ; “ Kaupthing ” means Kaupthing Singer & Friedlander Limited, company registered number 875947; “ protected deposit ” has the meaning given in rule 5.3.1 of the COMP Sourcebook; “ relevant protected deposit ” means a protected deposit which relates to a transferred right or liability; “ the second transfer ” means the transfer effected by article 8; “ the second transfer time ” has the meaning given in article 8(2); “ transferred accounts ” means the accounts to which the transferred rights and liabilities relate; “ transferred liabilities ” means the liabilities transferred by article 3(1); “ transferred rights ” means the rights transferred by article 3(2); “ the transitional period ” means the period of 6 months following the effective time.
PART 2
THE FIRST TRANSFER The first transfer 3 1 Subject to paragraph (2), by virtue of this Order the liabilities of Kaupthing to holders of Edge accounts in respect of principal and accrued interest are transferred to Deposits Management (Edge). 2 From the effective time, Deposits Management (Edge) shall have the same rights in relation to each holder of an Edge account as it would have if Kaupthing's relevant terms of business applied. 3 Paragraph (1) does not apply to any liability in respect of any breach of contract or other duty which arose before the effective time. 4 In this article, “ Edge account ” means any of the following accounts held with Kaupthing – a the accounts known as Kaupthing Edge Savings Accounts; and b the accounts known as Kaupthing Edge fixed term deposit accounts. 5 The transfer under paragraph (1) takes place at the time this Order comes into force. No consent or concurrence required 4 The first transfer is effective despite the absence of any required consent or concurrence to, or in connection with, the transfer. Associated liability and interference 5 1 The first transfer takes effect as if — a no associated liability existed in respect of any failure to comply with any requirement in respect of the transfer; and b there were no associated interference with the transferred rights and liabilities. 2 In this article “associated liability” and “associated interference” have the meanings given in paragraph 2(2) of Schedule 2 to the Act. Interests, rights and liabilities of third parties relating to transferred rights and liabilities 6 1 No interest or right of any third party relating to any of the transferred rights and liabilities shall arise or become exercisable by virtue of or in connection with this Order. 2 Save as otherwise provided in this Order, no third party shall incur any liability, or be subject to any obligation, relating to any of the transferred rights and liabilities, by virtue of or in connection with this Order. 3 Without prejudice to the generality of paragraphs (1) and (2) — a the consequences specified in paragraph (4) shall not arise in respect of any relevant instrument as a result of the first transfer or any other thing done, or matter arising, by virtue of or in connection with the transfer; b any circumstances which, but for sub-paragraph (a), would give rise to the consequences specified in paragraph (4) shall not be taken to have arisen for the purposes of any relevant instrument. 4 The consequences are — a the termination of a relevant instrument or any rights or obligations under it; b any right to terminate a relevant instrument or any right or obligation under it becoming exercisable; c any amount becoming due and payable or capable of being declared due and payable; d any other change in the amount or timing of any payment falling to be made or due to be received by any person; e any right to withhold, net or set off any payment becoming exercisable; f any event of default or breach of any right arising; g any right not to advance any amount becoming exercisable; h any obligation to provide or transfer any deposit or collateral; i any right to give or withhold any consent or approval; or j any other right or remedy (whether or not similar in kind to those referred to in paragraphs (a) to (i)) arising or becoming exercisable. 5 Without prejudice to paragraph (4), any provision in a relevant instrument that, as a result of the first transfer or any other thing done, or matter arising, by virtue of or in connection with the transfer or this Order, provides for an obligation not to be created, suspends or extinguishes (in whole or in part) such an obligation or renders such an obligation subject to conditions, shall be of no effect. 6 In this article — “ relevant instrument ” means an instrument which provides for interests or rights of third parties and in relation to which Kaupthing is a party or is bound; “ third party ” shall be construed in accordance with paragraph 2(3) of Schedule 2 to the Act. Exemption of Deposits Management (Edge) 7 Deposits Management (Edge) is an exempt person for the purposes of the 2000 Act in respect of any regulated activity of the kind specified by article 5 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (accepting deposits).
PART 3
THE SECOND TRANSFER The second transfer 8 1 By virtue of this Order the transferred rights and liabilities are transferred to ING. 2 The second transfer takes place immediately after the first transfer (“the second transfer time”). 3 From the second transfer time, ING shall — a be liable to pay depositors any accrued interest on the transferred accounts and any interest accruing at or after that time on those accounts; b have the same rights in relation to each holder of an Edge account as it would have if Kaupthing's relevant terms of business applied. 4 Paragraph (1) does not apply to any liability in respect of any breach of contract or other duty which arose before the second transfer time. Provision of information and assistance 9 1 Kaupthing shall provide Deposits Management (Edge) and ING with such information and assistance as is reasonably requested by each of them, respectively — a in relation to the transferred rights and liabilities; b for any purpose relating to this Order; or c for any purpose relating to any other function of Deposits Management (Edge) or ING, as the case may be, which relates to its functions under this Order. 2 Kaupthing shall provide the Treasury with such information and assistance as is requested by the Treasury for any purposes relating to this Order. No consent or concurrence required 10 The second transfer is effective despite the absence of any required consent or concurrence to, or in connection with, the transfer. Associated liability and interference 11 1 The second transfer takes effect as if — a no associated liability existed in respect of any failure to comply with any requirement in respect of the transfer; and b there were no associated interference with the rights and liabilities transferred under the transfer. 2 In this article “associated liability” and “associated interference” have the meanings given in paragraph 2(2) of Schedule 2 to the Act. Interests, rights and liabilities of third parties relating to transferred rights and liabilities 12 1 No interest or right of any third party relating to any of the rights and liabilities transferred under the second transfer shall arise or become exercisable by virtue of or in connection with this Order. 2 Save as otherwise provided in this Order, no third party shall incur any liability, or be subject to any obligation, relating to any of the rights and liabilities transferred under the second transfer, by virtue of or in connection with this Order. 3 Without prejudice to the generality of paragraphs (1) and (2) — a the consequences specified in paragraph (4) shall not arise in respect of any relevant instrument as a result of the second transfer or any other thing done, or matter arising, by virtue of or in connection with the second transfer; b any circumstances which, but for sub-paragraph (a), would give rise to the consequences specified in paragraph (4) shall not be taken to have arisen for the purposes of any relevant instrument. 4 The consequences are — a the termination of a relevant instrument or any rights or obligations under it; b any right to terminate a relevant instrument or any right or obligation under it becoming exercisable; c any amount becoming due and payable or capable of being declared due and payable; d any other change in the amount or timing of any payment falling to be made or due to be received by any person; e any right to withhold, net or set off any payment becoming exercisable; f any event of default or breach of any right arising; g any right not to advance any amount becoming exercisable; h any obligation to provide or transfer any deposit or collateral; i any right to give or withhold any consent or approval; or j any other right or remedy (whether or not similar in kind to those referred to in paragraphs (a) to (i)) arising or becoming exercisable. 5 Without prejudice to paragraph (4), any provision in a relevant instrument that, as a result of the second transfer or any other thing done, or matter arising, by virtue of or in connection with the second transfer or this Order, provides for an obligation not to be created, suspends or extinguishes (in whole or in part) such an obligation or renders such an obligation subject to conditions, shall be of no effect. 6 In this article — “ relevant instrument ” means an instrument which provides for interests or rights of third parties and in relation to which Kaupthing is a party or is bound; “ third party ” shall be construed in accordance with paragraph 2(3) of Schedule 2 to the Act.
PART 4
FINANCIAL SERVICES COMPENSATION SCHEME Application of Part 3 13 This Part applies where, before the effective time, Kaupthing is in default for the purposes of rule 6.3.1 of the COMP Sourcebook. Sums to be paid to ING following the second transfer 14 1 The following liabilities arise at the second transfer time — a the FSCS is liable to pay (as soon as practicable) to ING an amount equal to the amount that eligible claimants would, immediately before the effective time, have been entitled to claim from the FSCS in respect of claims against Kaupthing in relation to relevant protected deposits; and b the Treasury are liable to pay (as soon as practicable) to ING an amount equal to the aggregate amount of the liabilities transferred to ING under the second transfer less the amount specified in sub-paragraph (a) and less £5,000,000, and the Treasury shall subsequently make the necessary adjustment such that Kaupthing obtains the benefit (net of all costs and liabilities incurred by Deposits Management (Edge)) in connection with the first or second transfer or its obligations under this Order of the reduction of £5,000,000 referred to in sub-paragraph (b). 2 For the purposes of paragraph (1)(a), if the quantification date for a claim would have been a date other than the date on which Kaupthing was determined to be in default for the purposes of section 6.3 of the COMP Sourcebook, the amount that an eligible claimant would have been entitled to claim from the FSCS is the lesser of — a the amount which the FSCS quantifies as being the value of that claim as at immediately before the effective time; and b the amount which would have been payable at the quantification date, if different, for that claim. 3 In paragraph (2), “ quantification date ” has the meaning given in rule 12.3.1 of the COMP Sourcebook. 4 As soon as practicable after the second transfer time — a Kaupthing shall estimate the aggregate amount of the transferred liabilities; b the FSCS shall pay to ING the amount it is liable to pay under paragraph (1)(a) as estimated by the Authority; and c the Treasury shall pay to ING an amount equal to the amount estimated by Kaupthing in accordance with sub-paragraph (a) less the amount estimated by the Authority in accordance with sub-paragraph (b) and less £5,000,000. 5 From time to time — a the FSCS may revise the estimate of its liability under paragraph (1)(a); and b Kaupthing may revise the estimate of the aggregate amount of the transferred liabilities. 6 In consequence of paragraph (5), the FSCS, the Treasury and ING shall make such corresponding payments to each other as are necessary to ensure that the FSCS and the Treasury have each paid to ING the amount required (and no more than the required amount) to meet their liability under paragraph (1). 7 If at any time after the effective time Kaupthing is placed into administration, the references to Kaupthing in paragraphs (4) and (5) are to be treated as references to the administrator. 8 The liability referred to in paragraph (1)(a) shall be assessed by the FSCS and, in doing so, the FSCS may calculate, by any methodology or approach it considers appropriate, the total amounts of compensation that would have been paid to all eligible claimants if (and to the extent that) it considers that the costs of ascertaining the entitlement to and the amount of compensation by reference to each eligible claimant would exceed or be disproportionate to the benefit of doing so. Payment to ING to constitute payment of compensation for the purposes of the Financial Services Compensation Scheme 15 For the purposes of Part 15 of the 2000 Act (the financial services compensation scheme), the COMP Sourcebook and the FEES 6 Chapter (including, without limitation, the power of the FSCS to impose levies) — a all payments by the FSCS to ING under article 14 shall constitute the payment of compensation to each eligible claimant under the Financial Services Compensation Scheme in accordance with their respective entitlements in respect of claims against Kaupthing for relevant protected deposits; b in relation to a relevant protected deposit, each eligible claimant — i is deemed to have made an application for compensation for the purposes of rule 3.2.1(1) of the COMP Sourcebook; and ii is deemed to have accepted an offer of compensation made by the FSCS and to have received payment of such compensation for the purposes of rule 11.2.1 of the COMP Sourcebook, and, accordingly, an eligible claimant has no right to claim, and the FSCS has no obligation to pay, for a relevant protected deposit any further compensation under the Financial Services Compensation Scheme in respect of the default of Kaupthing determined by the Authority under section 6.3 of the COMP Sourcebook. Liability of Kaupthing to the FSCS and the Treasury 16 1 Kaupthing is liable to the FSCS in respect of an amount equal to the amount which would have been provable in the administration of Kaupthing in respect of the transferred liabilities had this Order not been made and had Kaupthing been placed in administration immediately before the effective time. 2 The FSCS shall pursue recoveries from Kaupthing in respect of the liability under paragraph (1) to the extent reasonably practicable. 3 Subject to paragraph (4), if an eligible claimant had, in relation to a relevant protected deposit, a liability to Kaupthing which would have been capable of being set-off against a liability of Kaupthing to that claimant in an administration or liquidation of Kaupthing (if that liability had not been transferred), the amount which the FSCS is entitled to recover in the administration or liquidation shall be taken to be the sum of — a the amount of the reduction in the depositor's liability to Kaupthing as a result of the application of the set-off; and b the amount which would have been recovered in respect of the balance of the claim (if any) provable in the administration or liquidation of Kaupthing. 4 Paragraph (3) applies only to the extent that its application does not have the effect that the other creditors of Kaupthing are in a worse position than they would have been had the set-off been applied. 5 The FSCS shall determine the proportion of any amount which it receives or recovers from Kaupthing which is properly attributable to each type of liability described below and shall promptly, on receipt, account for that receipt or recovery as follows — a in full to the Treasury, to the extent that — i the receipt is attributable to a transferred liability; and ii the person to whom such a transferred liability is owed would not have been entitled to make a claim for compensation from the FSCS immediately before the effective time; b by reference to the relevant proportion, to the extent that — i the receipt is attributable to a transferred liability; ii the person to whom such a transferred liability is an eligible claimant; and iii the amount of such liability exceeds the maximum compensation that the eligible claimant would have been entitled to claim from the FSCS immediately before the effective time; and where the receipt is attributable to a transferred liability owed to an eligible claimant in relation to a relevant qualifying deposit and the amount of such liability is equal to or less than the maximum compensation that the eligible claimant would have been entitled to claim from the FSCS immediately before the effective time that amount shall be for the account of the FSCS. 6 In paragraph (5), the “relevant proportion” is the proportion of the total liabilities which arise under article 14(1) for which the Treasury are liable. 7 If Kaupthing is in administration, the liability incurred under paragraph (1) shall not be treated as an expense of the administration under paragraph 99(3) of Schedule B1 of the 1986 Act or rule 2.67 of the Insolvency Rules. 8 Nothing in this Part shall have the effect that the FSCS recovers less than it would have recovered if this Order had not been made. FSCS's power to require information 17 1 The FSCS may, by notice in writing given to ING, require it — a to provide specified information or information of a specified description; or b to produce specified documents or documents of a specified description. 2 Paragraph (1) only applies to information and documents the provision or production of which the FSCS considers to be necessary (or likely to be necessary) for the exercise of its functions under or by virtue of this Order. 3 Subsections (2), (4), (5) and (7) of section 219 of the 2000 Act (scheme manager's power to require information) apply to a requirement imposed under paragraph (1) as if it were a requirement imposed under that section. Statutory immunity 18 For the purposes of section 222 of the 2000 Act (statutory immunity) the scheme manager's functions shall include any acts or omissions carried out by the FSCS pursuant to or in connection with this Order.
PART 5
THE ADMINISTRATOR AND TRANSITIONAL PROVISIONS Application of this Part 19 This Part applies if Kaupthing is placed into administration after the effective time. The administration 20 The relevant provisions of the 1986 Act and the Insolvency Rules shall apply to the administration of Kaupthing subject to the modifications set out in this Part. Objectives etc. of the administrator 21 1 This article only applies during the transitional period. 2 The administrator must perform his or her functions with the objectives (“the overriding objectives”) of — a ensuring that Kaupthing provides, and managing the affairs, business and property of Kaupthing to enable it to provide, the services and facilities reasonably required by ING to discharge its obligations in respect of the rights and liabilities under the second transfer; and b ensuring that Kaupthing performs the other obligations imposed on it by or under this Order. 3 The administrator shall only perform his or her functions with the objective determined in accordance with paragraph 3 of Schedule B1 to the 1986 Act to the extent that to do so is not inconsistent with and does not interfere with the achievement of the overriding objectives. 4 Paragraph 3(2) of Schedule B1 to the 1986 Act only applies to the performance of the functions of the administrator to the extent that it is not inconsistent with and does not interfere with the achievement of the overriding objectives. 5 The Treasury may, by notice in writing, give a direction to the administrator specifying that an act (or omission) is required for the overriding objectives. 6 The Treasury may also, by notice in writing, give a direction to the administrator requiring him or her to act (or not act) if the Treasury consider that it is necessary to give such a direction for the purposes of — a protecting or enhancing the stability of the financial systems of the United Kingdom; b protecting or enhancing public confidence in the stability of the banking system of the United Kingdom; or c protecting depositors. 7 The Treasury may also, by notice in writing, give a direction to the administrator that he or she need not perform his or her functions in accordance with the overriding objectives, either in relation to a particular matter or generally. 8 The administrator must comply with any directions given under paragraph (5), (6) or (7). 9 The services and facilities to which paragraph (2)(a) applies include (but are not limited to) the services and facilities specified in the Schedule. 10 The administrator shall not be required to include any proposals for achieving the overriding objectives in any statement he or she makes under paragraph 49 (administrator's proposals) or paragraph 54 (revision of administrator's proposals) of Schedule B1 to the 1986 Act or to obtain approval of such proposals at any creditors' meeting or from the court. 11 The administrator shall not enter into a transaction or a series of transactions (whether related or not) to sell, lease, transfer or otherwise dispose of any property or right of Kaupthing having in aggregate a value of more than £50 million at any time unless — a the court orders otherwise; b the Treasury gives its consent to the transaction; or c the sale, lease, transfer or disposal has been specifically approved at a meeting of creditors summoned under paragraph 51(1), 54(2) or 62 of Schedule B1 to the 1986 Act or by a creditors' committee constituted in accordance with rule 2.50 of the Insolvency Rules and the Treasury has consented to the sale, lease, transfer or disposal. 12 In this article, “ court ” means — a in England and Wales, the High Court; b in Scotland, the Court of Session; c in Northern Ireland, the High Court. Insolvency Act and Insolvency Rules etc. 22 Nothing in the 1986 Act, the Insolvency Rules or any other enactment or rule of law shall operate to invalidate or prejudice any act or omission done under or pursuant to this Order or give rise to a claim against or impose any liability on Kaupthing or the administrator for any act or omission so done. Services and facilities 23 The agreement dated 8 th October 2008 between the Treasury and ING relating to the provision of transitional services by Kaupthing to ING shall bind Kaupthing as if it were a party. Use of the Kaupthing brand 24 Kaupthing shall grant to ING a non-exclusive royalty-free licence to use the Kaupthing brand and the Edge brand and any relevant brands and sub-brands of Kaupthing during the transitional period for the purposes of ING carrying on its activities in relation to the rights and liabilities transferred under the second transfer. Compensation payable to Kaupthing 25 1 ING shall reimburse Kaupthing for the costs and expenses (including fees) properly incurred by the administrator during the transitional period in fulfilling his or her obligations under article 21. 2 Paragraph (1) does not apply to any cost or expense which would have been incurred in the administration if this Order had not been made. Continuity 26 1 During the transitional period, any person wishing to terminate or modify (or treat as terminated or modified) any contract or agreement with Kaupthing for services and facilities or any right or obligation under such a contract or agreement must give not less than 14 days' prior written notice to the administrator and to ING. 2 During the transitional period, any person who provides to Kaupthing, pursuant to any contract or agreement, services or facilities which are reasonably required by Kaupthing to perform its duties under or pursuant to this Order or the agreement dated 8 th October 2008 between the Treasury and ING relating to the provision of transitional services by Kaupthing to ING shall, whether or not required pursuant to such contract or agreement, provide such services to Kaupthing for the benefit of ING or, at Kaupthing's request, directly to ING. 3 Except with the consent of the Treasury or the permission of the court, during the transitional period — a no person is entitled — i to terminate or modify any contract or agreement with Kaupthing for services and facilities, or any right or obligation under such a contract or agreement, where the contract or agreement or right or obligation relates to services or facilities which are reasonably required by — aa Kaupthing to perform its duties under or pursuant to this Order; bb the administrator to perform his or her duties under or pursuant to this Order; or cc ING to carry on its functions in relation to the transferred rights and liabilities, or ii to treat such a contract, agreement, right or obligation as terminated or modified, by virtue of, or in connection with, the first transfer or the second transfer, the requirement to provide services or facilities to or for the benefit of ING under paragraph (2) or the commencement of the administration in relation to Kaupthing; and b any counterparty to such a contract or agreement must perform his or her obligations in accordance with that contract or agreement. 4 The services and facilities to which paragraphs (1), (2) and (3) apply include (but are not limited to) the services and facilities specified in the Schedule. 5 Any purported termination or modification of any contract, agreement, right or obligation in contravention of paragraph (1), (2) or (3), and any action taken in consequence of any such purported termination or modification, shall have no effect. 6 Paragraph (2) does not apply where — a Kaupthing, ING or the administrator, as the case may be, has failed to perform its payment obligations under the relevant contract or agreement and such non-payment is not remedied within 14 days of that person becoming aware of the non-performance; or b Kaupthing, ING or the administrator, as the case may be, fails to notify the counterparty to the relevant contract or agreement within 14 days of its becoming aware of the request for consent to such termination, modification or non-performance of an obligation, that such consent has been withheld. 7 Without prejudice to the generality of paragraph (3), the first transfer or the second transfer shall not have the effect of terminating or otherwise changing the terms of Kaupthing's membership (if any) of any payment system, including, in particular, BACS, CHAPS and the LINK payments systems. 8 “ Court ” has the meaning given by article 21(12). 9 This article is subject to any requirement of Community law. Moratorium on payment to related companies 27 1 Kaupthing shall not make any payment, dispose of any property or modify or release any right or liability to or for the benefit of a related party without the prior consent of the Treasury, and any such purported payment, disposal, modification or release shall be void. 2 No related party shall exercise any right of set-off or combination of accounts in respect of any debt owing by Kaupthing without the consent of the Treasury, and any such purported exercise shall be void. 3 In this article, “ related party ” means any member of the same group as Kaupthing that is not a subsidiary undertaking of Kaupthing. 4 In paragraph (1), if Kaupthing is in administration, the reference to Kaupthing is to be treated as a reference to the administrator. 5 In paragraph (3), “ group ” has the meaning given by section 421 of the 2000 Act.
PART 6
MISCELLANEOUS Construction of documents etc. 28 As from the effective time and save as otherwise provided in this Order — a agreements made or other things done by or in relation to Kaupthing shall be treated, so far as may be necessary for the purposes of or in connection with the first transfer or the second transfer (but not otherwise) as made or done by or in relation to Deposits Management (Edge) or ING or both, as the case may be and as the context requires; b references to Kaupthing or to any officer or employee of Kaupthing in instruments or documents relating to the transferred rights and liabilities and rights and liabilities transferred under the second transfer, shall have effect as if they were references to Deposits Management (Edge) or ING or both, or to any officer or employee of Deposits Management (Edge) or ING, as the case may be and as the context requires. Modification to Authority's rule-making power 29 1 Subsections (1) and (1A) of section 138 of the 2000 Act (general rule-making power) have effect as if modified by inserting after “protecting the interests of consumers” — or for the purposes of, to facilitate or in consequence of, a transfer under section 6 or section 8 of the Banking (Special Provisions) Act 2008 . 2 Section 148(2) of the 2000 Act (modification or waiver of rules) shall also apply in relation to Kaupthing — a in the absence of an application by a person subject to rules made by the Authority; and b without any requirement for the consent of such a person. 3 Section 148(4) of the 2000 Act shall not prevent the Authority from modifying or waiving rules in relation to Kaupthing under section 148 of that Act provided that the Authority is satisfied that the modification or waiver is necessary for the purposes of, to facilitate or in consequence of the first transfer or the second transfer. Modification to Authority's duty to consult on rule changes 30 1 Section 155(7) of the 2000 Act (consultation) has effect as if modified by adding at the end — or if it is making rules for the purposes of, or to facilitate or in consequence of, a transfer under section 6 or section 8 of the Banking (Special Provisions) Act 2008. 2 Section 157 of the 2000 Act (guidance) has effect as if modified by adding after subsection (3) — 3A Section 155(7) applies to proposed guidance as it applies to proposed rules with the modification made by article 30 of the Kaupthing Singer & Friedlander Limited Transfer of Certain Rights and Liabilities Order 2008. . Freedom of information 31 For the purposes of section 3(2)(b) of the Freedom of Information Act 2000 (public authorities) , Deposits Management (Edge) shall be deemed not to hold information on behalf of the Bank. Proceedings against directors 32 1 No director of — a Kaupthing; or b Deposits Management (Edge), shall be liable in connection with the first transfer or the second transfer or any other provisions of this Order and accordingly no proceedings may be brought (or, in Scotland, raised) against any such director in respect of such matters. 2 The Treasury may in writing — a waive the effect of paragraph (1), and b give consent to bring (or, in Scotland, raise) such proceedings against such directors. 3 Where paragraph (1) applies, section 232 of the Companies Act 2006
(provisions protecting directors from liability) shall not apply to a relevant undertaking. 4 In this article — “ director ” means a person who was a director immediately before the effective time, whether or not he has ceased to be a director at the time when proceedings in respect of that liability commenced; “ proceedings ” includes proceedings under Part 11 of the Companies Act 2006 (derivative claims and proceedings by members). Immunity of Bank 33 1 The Bank has immunity in relation to action or inaction in relation to or pursuant to this Order. 2 In this article — a a reference to the Bank is a reference to the Bank and anyone who acts or purports to act as a director, officer, servant or agent of the Bank; b “ immunity ” means immunity from liability in damages. 3 The immunity does not extend to action taken — a in bad faith, or b in contravention of section 6(1) of the Human Rights Act 1998 . Transfer of data 34 Any transfer of data under this Order is not to be taken to breach any restriction on disclosure of information, however imposed. Frank Roy Dave Watts Two of the Lords Commissioners of Her Majesty's Treasury 8th October 2008


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Domestic Violence, Crime and Victims Act 2004 (Commencement No. 10) Order 2008.
2
Section 46 of the Domestic Violence, Crime and Victims Act 2004 (Victims of mentally disordered persons) shall come into force on 14th December 2008.
Paul Goggins
Minister of State
Northern Ireland Office
17th November 2008


text:
PART I
Citation, commencement and interpretation
Citation and commencement
1
This Order may be cited as the Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2008 and shall come into force on 1st July 2008.
Interpretation
2
In this Order —
“the 2000 Act” means the Political Parties, Elections and Referendums Act 2000;
“individual participant” means an individual who is an authorised participant by virtue of —
section 71H(3) of the 2000 Act , or
section 71Z1(1)(a) of that Act (Irish citizen entering into a regulated transaction with a Northern Ireland participant);
“Northern Ireland participant” has the meaning given in section 71Z of the 2000 Act;
“Northern Ireland report” means a report to the Commission which is prepared by a Northern Ireland participant and contains, or purports to contain, information required to be given by Schedule 6A or 7A to the 2000 Act, but does not include a report required to be prepared by virtue of section 71Q of that Act ;
“prescribed bodies” has the meaning given by article 4(2);
“recordable transaction”, other than in Schedule 1, means a transaction which is required to be recorded in a Northern Ireland report;
“reporting period” has the meaning given by section 71M(3) of the 2000 Act in relation to reports prepared pursuant to that section but, in relation to reports which contain, or purport to contain, information required to be given pursuant to Schedule 7A to the 2000 Act, it means each month; and
“selected Northern Ireland transaction” means a recordable transaction involving a Northern Ireland participant which is selected by the Commission for verification under article 8.
PART II
Extension of categories of authorised participants in relation to Northern Ireland participants
Irish citizens as authorised participants
3
For the purposes of section 71Z1(1)(a) of the 2000 Act, the prescribed condition in relation to an Irish citizen is that at the time he enters into a regulated transaction or controlled transaction relating to a Northern Ireland participant he must be eligible to obtain one of the following documents —
a
an Irish passport;
b
a certificate of nationality; or
c
a certificate of naturalisation.
Irish bodies as authorised participants
4
1
The description or category of body prescribed, for the purposes of section 71Z1(1)(b) of the 2000 Act, is any of the bodies set out in paragraph (2) which keeps an office in Ireland or Northern Ireland being an office from which the carrying on of one or more of its principal activities is directed.
2
The prescribed bodies are —
a
a company —
i
appearing on the Register of Companies of Ireland; and
ii
incorporated within Ireland or another member State;
b
a political party appearing on the Register of Political Parties of Ireland;
c
a trade union registered by the Registrar of Friendly Societies of Ireland;
d
a building society registered by the Central Bank and Financial Services Authority of Ireland;
e
a limited liability partnership registered by the Registrar of Companies of Ireland;
f
a friendly society or industrial and provident society registered by the Registrar of Friendly Societies of Ireland; and
g
any unincorporated association of two or more persons which does not fall within any of the preceding paragraphs but which carries on business or other activities wholly or mainly in Ireland and whose main office is there.
Northern Ireland reports
5
Schedule 1 (which amends the 2000 Act in connection with the recording of transactions to which Northern Ireland participants are a party) has effect.
Minor and consequential amendments
6
Schedule 2 (minor and consequential amendments) has effect.
PART III
Duty of the Commission during the prescribed period
Steps to be taken by the Commission for the purpose of verifying information given in Northern Ireland reports
7
For the purposes of section 71Z3(1) of the 2000 Act the prescribed steps which the Commission must take for the purpose of verifying the information given in Northern Ireland reports during the prescribed period are set out in articles 8 and 9.
Selection of Northern Ireland recordable transactions
8
1
In each reporting period, in relation to each Northern Ireland participant who has provided a Northern Ireland report, the Commission must —
a
select for verification 50 per cent of all recordable transactions to which an individual participant is a party and which have been reported by that Northern Ireland participant in accordance with paragraphs (2) and (3); and
b
select for verification every recordable transaction to which an individual participant is not a party.
2
In the case of a Northern Ireland participant who has reported an odd number of recordable transactions to which individual participants are a party during any reporting period, the Commission must determine the number of recordable transactions involving individual participants to be selected for verification by adding one to the number of recordable transactions involving individual participants reported by that Northern Ireland participant and dividing the resulting number by two.
3
In the case of a Northern Ireland participant who has reported only one recordable transaction to which an individual participant is a party during any reporting period, the Commission must select that transaction for verification.
Verification of recordable transactions involving Northern Ireland participants
9
1
The Commission must take the following steps in relation to each selected Northern Ireland transaction.
2
In relation to a Northern Ireland report made in respect of a selected Northern Ireland transaction, and any documentation provided with it, the Commission must take reasonable steps to ascertain whether —
a
the information provided in the report in relation to that transaction is accurate; and
b
any documentation provided with the report in relation to that transaction is genuine.
3
The steps taken by the Commission under paragraph (2) may include, but are not limited to, contacting a body set out in article 11.
Disclosure of information relating to transactions which are required to be dealt with in accordance with section 71I or 71J of, or paragraph 5 or 6 of Schedule 7A to, the 2000 Act
10
If, after taking the steps prescribed by articles 8 and 9, the Commission believes on reasonable grounds that a transaction recorded in a Northern Ireland report fell to be dealt with under section 71I or 71J of, or paragraph 5 or 6 of Schedule 7A to, the 2000 Act, and that it has not been dealt with in this manner, the Commission must —
a
write to the Northern Ireland participant who provided the report informing him of the Commission’s intention to publish the information in accordance with paragraph (b); and
b
publish the following information —
i
the name of the Northern Ireland participant;
ii
the value of the transaction;
iii
the date the transaction was entered into;
iv
whether the parties to the transaction (other than the Northern Ireland participant) are individuals or bodies; and
v
in the case of a transaction involving a body, the type of body which is a party to the transaction with reference to article 4(2) or section 54(2) of the 2000 Act.
Disclosure of information by the Commission
11
The following bodies are prescribed for the purposes of section 71Z4(2)(b) of the 2000 Act —
a
a firm of solicitors in Ireland which has provided a statement in accordance with paragraph 2A(11) of Schedule 6A to the 2000 Act ;
b
the Central Bank and Financial Services Authority of Ireland;
c
the office of the Certification Officer;
d
the Corporate Officer of the House of Commons;
e
the Corporate Officer of the House of Lords;
f
the office of the Northern Ireland Certification Officer;
g
Companies House (meaning that part of the Department for Business, Enterprise and Regulatory Reform known as the Companies House Executive Agency);
h
the Department of Enterprise, Trade and Investment ;
i
the Department of Foreign Affairs of Ireland;
j
the Electoral Office for Northern Ireland;
k
the Financial Services Authority;
l
the Northern Ireland Assembly Commission;
m
the office of any electoral registration officer;
n
the Registrar of Companies of Ireland;
o
the Registrar of Friendly Societies of Ireland; and
p
the Registrar of Political Parties of Ireland.
Paul Goggins
Minister of State
Northern Ireland Office
30th June 2008


text:
Title, commencement and extent
1
1
This Order may be cited as the Agriculture and Horticulture Development Board Order 2008.
2
Articles 1, 2 , 3(1) and (2), 4, 5 , 8, 9 and 10, Schedule 2 and paragraphs 1 to 5 of Schedule 5 (and article 18 so far as relating to those paragraphs) come into force the day after this Order is made.
3
The remainder of the Order comes into force on 1st April 2008.
4
Except as provided by paragraph (5), this Order extends to England and Wales, Scotland and Northern Ireland.
5
Any amendment, repeal or revocation made by this Order has the same extent as the provision to which it relates.
Scope
2
1
This Order relates to —
a
the beef and sheep industry in England;
b
the cereal and oilseed industries in the United Kingdom;
c
the horticulture industry in Great Britain;
d
the milk industry in Great Britain;
e
the pig industry in England; and
f
the potato industry in Great Britain.
2
For these purposes —
“beef and sheep industry” means all the activities comprised in the production, marketing and distribution of —
cattle and sheep, including the carrying on of slaughterhouses and cattle and sheep auctions and markets;
meat and meat products (other than milk and milk products) from cattle and sheep;
“cereal and oilseed industries” means the industries comprising the activities of growers and persons trading as wholesale buyers or sellers of cereal or oilseed, or processing cereal, and —
“cereal” means wheat (including durum wheat), barley, oats, rye, maize, triticale or any two or more of such cereals grown as one crop; and
“oilseed” means rapeseed, linseed, soyabean or sunflowerseed or any two or more of such oilseeds grown as one crop;
“horticulture industry” means the growing of the horticultural products listed in Part 4 of Schedule 3 by way of business;
“milk industry” means the industry comprising the activities of producers in producing cows’ milk or milk products and selling them by way of business;
“pig industry” means all the activities comprised in the production, marketing and distribution of pigs or pig products, including the carrying on of slaughterhouses and pig auctions and markets;
“potato industry” means the activities of persons in growing, selling, buying or in any way dealing in potatoes, whether raw or processed, by way of business.
3
A reference in this Order to “industry” is a reference to one or more of these industries.
Establishment of the Agriculture and Horticulture Development Board
3
1
A body called the Agriculture and Horticulture Development Board is established.
2
Its purposes are —
a
increasing efficiency or productivity in the industry;
b
improving marketing in the industry;
c
improving or developing services that the industry provides or could provide to the community; and
d
improving the ways in which the industry contributes to sustainable development.
3
Its functions are the provision of any of the services specified in Schedule 1.
Constitution etc. of the Board
4
Schedule 2 (constitution and proceedings of the Agriculture and Horticulture Development Board) has effect.
Acting through subsidiaries
5
1
The Agriculture and Horticulture Development Board may establish a subsidiary company for each of the industries within the scope of this Order and may establish such other subsidiary companies as may be conducive or incidental to its functions, and a reference to a subsidiary company in this Order is a reference to such a company.
2
The Board may delegate any of its functions to a subsidiary company, but may continue to carry out any function it has delegated.
3
A subsidiary company must carry out the functions in Schedule 1 that the Board delegates to it.
Levies
6
1
The Agriculture and Horticulture Development Board must impose a levy to enable it to provide services for each industry covered by this Order, and Schedule 3 has effect.
2
All figures in that Schedule exclude VAT.
3
The levies are to enable the Board to —
a
cover its costs in providing any of the services specified in Schedule 1;
b
meet its administrative expenses;
c
further a purpose in article 3(2); and
d
establish a reserve fund.
4
The rate of levy (and any higher rate for late payment of the levy) must be approved annually by the appropriate authority.
5
The Board may delegate the collection of levy to a subsidiary company.
6
Levy raised in relation to an industry may only be used in relation to that industry.
Estimates
7
1
If any person liable to pay levy fails to notify the Agriculture and Horticulture Development Board or a subsidiary company of the information specified in Schedule 3 by the due date specified in that Schedule, the Board or the subsidiary company may estimate the amount that should have been notified, and notify the person of the estimate.
2
If the person fails to make a return within 28 days of notification of the estimate he becomes liable to pay levy on that estimate.
3
The Board may provide that a higher rate of levy is payable on the estimated amount, but that higher rate may not exceed the maximum rates provided for in Schedule 3.
Charges for services
8
The Agriculture and Horticulture Development Board, or any subsidiary company, may make such charges for any services in addition to the services referred to in article 6 as appear to the Board or subsidiary company to be reasonable.
Reserve funds etc.
9
The Agriculture and Horticulture Development Board may —
a
establish and maintain a reserve fund for the purposes of its functions; and
b
borrow money and charge property.
Incidental Powers
10
1
The Agriculture and Horticulture Development Board may do anything that appears to it to be conducive or incidental to the discharge of its functions.
2
In particular it may —
a
enter into agreements;
b
acquire or dispose of property;
c
raise funds by means of voluntary contributions; and
d
accept gifts.
Ballots
11
1
The Agriculture and Horticulture Development Board may hold a ballot at any time on whether or not a levy should continue.
2
It must do so if directed by the appropriate authority.
3
It must do so if it receives within a three month period one or more requests for a ballot signed by at least 5% of persons entitled to vote in a ballot.
4
The three month period is calculated from the first day of any month.
5
The maximum frequency with which ballots for the same levy can be held at the request of persons entitled to vote is 5 years.
6
A request for a ballot is not valid if it is made before 1st April 2012.
7
The Board must immediately inform the appropriate authority of the result of a ballot, but the appropriate authority is not bound by the result.
Who can vote
12
1
The following are entitled to vote in relation to the levy.
Voters
Levy Voters and categories
Pigs Any person who keeps pigs in England Any person who slaughters or exports pigs in England
Cattle Any person who keeps cattle in England Any person who slaughters or exports cattle in England
Sheep Any person who keeps sheep in England Any person who slaughters or exports sheep in England
Milk Any milk producer in Great Britain
Horticulture Any person who pays horticulture levy
Potato Any person who pays the potato grower levy Any person who pays the potato buyer levy
Cereal Any person who pays the cereal buyer levy Any person who pays the cereal processor levy Any person who pays the cereal grower levy
Oilseeds Any person who pays the oilseed grower levy
2
The qualification for voting must be satisfied in the twelve months preceding the ballot.
3
Each person entitled to vote has one vote (if there is a partnership each partnership has one vote).
4
Separate ballots may be held for different categories of voters.
Report and accounts
13
1
For each financial year, the Agriculture and Horticulture Development Board must —
a
prepare an annual report on how it has discharged its functions during the year, and
b
send a copy of the report to the Secretary of State, the Scottish Ministers, the Welsh Ministers and the relevant Northern Ireland department within such period as the appropriate authority directs.
2
In this article, “financial year” means —
a
the period beginning with the day on which the Board is established and ending with the next 31st March, and
b
each subsequent period of 12 months ending with 31st March.
3
The Board must keep proper accounts and records.
4
For each financial year, it must —
a
prepare a statement of accounts in respect of that financial year, and
b
send copies to the Secretary of State and the Comptroller and Auditor General within such period as the appropriate authority directs.
5
The statement must be in such form as the appropriate authority, with the approval of the Treasury, directs.
6
The Comptroller and Auditor General must —
a
examine, certify and report on the statement, and
b
send a copy of the certified statement of accounts and of his report to the Secretary of State, Scottish Ministers, Welsh Ministers and the relevant Northern Ireland department. as soon as possible.
7
When the Secretary of State receives the annual report and the certified statement of accounts he must lay them before each House of Parliament.
8
When the Scottish Ministers receive them they must lay them before the Scottish Parliament.
9
When the Welsh Ministers receive them they must lay them before the National Assembly for Wales.
10
When the relevant Northern Ireland department receives them it must lay them before the Northern Ireland Assembly.
Provision of information by the Board
14
1
The Agriculture and Horticulture Development Board must provide the appropriate authority with such information as it may require relating to its property or to the discharge or proposed discharge of its functions.
2
The Board must also —
a
permit any person authorised by the appropriate authority to inspect and make copies of its accounts or other documents, and
b
provide such explanation of them as that person or the appropriate authority may require.
Provision of information to the Board
15
1
It is an offence knowingly to provide false or misleading information relating to the requirements of this Order to the Agriculture and Horticulture Development Board or a subsidiary company.
2
Any person obliged to pay levy under this Order must keep sufficient records to enable the Board or a subsidiary company to establish how much levy is due, and must produce them to an officer of the Board or a subsidiary company on demand; and failure to comply with this paragraph is an offence.
Penalties and proceedings
16
1
A person guilty of an offence under this Order is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Proceedings for an offence under this Order may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge, provided that the commencement of such proceedings is not more than 2 years after the date on which the offence was committed.
3
Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate; or
b
any person who was purporting to act in any such capacity,
that person is guilty of the offence as well as the body corporate.
4
For the purposes of this article “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
5
Where an offence under this Order that has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the offence.
Dissolution of existing bodies
17
1
The following bodies are dissolved —
a
the British Potato Council;
b
the Home-Grown Cereals Authority;
c
the Horticultural Development Council;
d
the Meat and Livestock Commission; and
e
the Milk Development Council.
2
All property, rights and liabilities of the dissolved bodies are transferred to the Agriculture and Horticulture Development Board in accordance with Schedule 4 (provisions relating to the transfer).
Repeals, etc.
18
Schedule 5 (consequential amendments, transitional provisions, repeals and revocations) has effect.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
15th January 2008
Richard Lockhead
Authorised by the Scottish Ministers
28th February 2008
Elin Jones
Authorised by the Welsh Ministers
25th January 2008
John Speers
The Department of Agriculture and Rural Development in Northern Ireland
24th January 2008


text:
Citation and Commencement
1
This Order may be cited as the Legislative Reform (Health and Safety Executive) Order 2008 and shall come into force on the day after it is made.
Abolition of the Health and Safety Commission and Executive
2
The Health and Safety Commission and the Health and Safety Executive, as established under section 10 of the Health and Safety at Work etc. Act 1974 , are abolished.
Establishment of the new Health and Safety Executive
3
The Health and Safety at Work etc. Act 1974 shall be amended as specified in articles 4 to 20 of this Order.
4
For section 10 substitute ──
Establishment of the Executive
10
1
There shall be a body corporate to be known as the Health and Safety Executive (in this Act referred to as “the Executive”).
2
The provisions of Schedule 2 shall have effect with respect to the Executive.
3
The functions of the Executive and of its officers and servants shall be performed on behalf of the Crown.
4
For the purpose of any civil proceedings arising out of those functions─
a
in England and Wales and Northern Ireland, the Crown Proceedings Act 1947 shall apply to the Executive as if it were a government department within the meaning of that Act, and
b
in Scotland, the Crown Suits (Scotland) Act 1857 shall apply to the Executive as if it were a public department within the meaning of that Act.
5
For sections 11 to 13 substitute─
Functions of the Executive
11
1
It shall be the general duty of the Executive to do such things and make such arrangements as it considers appropriate for the general purposes of this Part.
2
In connection with the general purposes of this Part, the Executive shall─
a
assist and encourage persons concerned with matters relevant to those purposes to further those purposes;
b
make such arrangements as it considers appropriate for the carrying out of research and the publication of the results of research and the provision of training and information, and encourage research and the provision of training and information by others;
c
make such arrangements as it considers appropriate to secure that the following persons are provided with an information and advisory service on matters relevant to those purposes and are kept informed of and are adequately advised on such matters─
i
government departments,
ii
local authorities,
iii
employers,
iv
employees,
v
organisations representing employers or employees, and
vi
other persons concerned with matters relevant to the general purposes of this Part.
3
The Executive shall submit from time to time to the Secretary of State such proposals as the Executive considers appropriate for the making of regulations under any of the relevant statutory provisions.
4
In subsections (1) to (3) —
a
references to the general purposes of this Part do not include references to the railway safety purposes; and
b
the reference to the making of regulations under the relevant statutory provisions does not include a reference so far as the regulations are made for the railway safety purposes.
5
It shall be the duty of the Executive —
a
to submit to the Secretary of State from time to time particulars of what it proposes to do for the purpose of performing of its functions;
b
to ensure that its activities are in accordance with proposals approved by the Secretary of State; and
c
to give effect to any directions given to it by the Secretary of State.
6
The Executive shall provide a Minister of the Crown on request─
a
with information about its activities in connection with any matter with which the Minister is concerned; and
b
with advice on any matter with which he is concerned, where relevant expert advice is obtainable from any of the officers or servants of the Executive, but which is not relevant to the general purposes of this Part.
Control of the Executive by the Secretary of State
12
1
The Secretary of State may approve any proposals submitted to him under section 11(5)(a) with or without modifications.
2
The Secretary of State may at any time give to the Executive —
a
such directions as he thinks fit with respect to its functions, or
b
such directions as appear to him requisite or expedient to give in the interests of the safety of the State.
3
The Secretary of State may not under subsection (2) give any directions with regard to the enforcement of the relevant statutory provisions in any particular case.
4
The reference to directions in subsection (2)(a) —
a
includes directions modifying the Executive’s functions, but
b
does not include directions conferring functions on the Executive other than any functions of which it was deprived by previous directions given under subsection (2)(a).
Powers of the Executive
13
1
Subject to subsection (2), the Executive shall have power to do anything which is calculated to facilitate, or is conducive or incidental to, the performance of its functions, including a function conferred on it under this subsection.
2
The power in subsection (1) shall not include the power to borrow money.
3
The Executive may make agreements with a government department or other person for that department or person to perform any of its functions, with or without payment.
4
Subject to subsections (5) and (6), the Executive may make agreements with a Minister of the Crown, with a government department or with a public authority to perform functions exercisable by that Minister, department or authority, with or without payment.
5
The functions referred to in subsection (4) —
a
in the case of a Minister of the Crown, include functions not conferred by an enactment;
b
shall be functions which the Secretary of State considers can be appropriately performed by the Executive; and
c
do not include any power to make regulations or other instruments of a legislative character.
6
The Executive may provide services or facilities, with or without payment, otherwise than for the general purposes of this Part, to a government department or public authority in connection with the exercise of that department’s or authority’s functions.
7
The Executive may appoint persons or committees of persons to provide it with advice in connection with any of its functions and, without prejudice to subsection (8), it may remunerate these persons.
8
The Executive may, in connection with the performance of its functions, pay to any person —
a
travelling and subsistence allowances, and
b
compensation for loss of remunerative time.
9
Any amounts paid under subsections (7) and (8) shall be such as may be determined by the Secretary of State, with the approval of the Minister for the Civil Service.
10
The Executive may —
a
carry out, arrange for, or make payments for the carrying out of, research into any matter connected with its functions, and
b
disseminate or arrange for or make payments for the dissemination of information derived from this research.
11
The Executive may include, in any arrangements made for the provision of services or facilities under subsection (6), provision for the making of payments to the Executive, or any person acting on its behalf, by other parties to the arrangements and by persons using those services or facilities.
.
6
1
Section 14 is amended as follows.
2
In subsection (1), for “the Commission” substitute “the Executive”.
3
For subsection (2), substitute —
2
The Executive may at any time —
a
investigate and make a special report on any matter to which this section applies; or
b
authorise another person to investigate and make a special report into any such matter.
2A
The Executive may at any time, with the consent of the Secretary of State, direct an inquiry to be held into any matter to which this section applies.
.
4
In subsection (3), for “subsection (2)(b)” substitute “subsection (2A)”.
5
For subsection (5) substitute —
5
In the case of a special report made by virtue of subsection (2), or a report made by the person holding an inquiry by virtue of subsection (2A), the Executive may cause the report, or so much of it as the Executive thinks fit, to be made public at such time and in such manner as it thinks fit.
.
6
In subsection (6) —
a
for each reference to “the Commission” substitute “the Executive”;
b
in paragraph (a), for “subsection (2)(a)” substitute “subsection (2)”; and
c
in paragraph (b), for “subsection (2)(b)” substitute “subsection (2A)”.
7
In subsection (7), for “subsection (2)(b)” substitute “subsection (2A)”.
7
In section 15(4)(a), for “the Commission” substitute “the Executive”.
8
In section 16, for each reference to “the Commission” substitute “the Executive”.
9
In section 17(3)(a), for “the Commission” substitute “the Executive”.
10
1
Section 18 is amended as follows.
2
In subsection (4)(b), for “the Commission” substitute “the Executive”.
3
After subsection (4) insert —
4A
Before the Executive gives guidance under subsection (4)(b) it shall consult the local authorities.
4B
It shall be the duty of the Executive and the local authorities —
a
to work together to establish best practice and consistency in the enforcement of the relevant statutory provisions;
b
to enter into arrangements with each other for securing cooperation and the exchange of information in connection with the carrying out of their functions with regard to the relevant statutory provisions; and
c
from time to time to review those arrangements and to revise them when they consider it appropriate to do so.
.
4
In subsection (5)(b), for “the Commission” substitute “the Executive”.
5
In subsection (7) —
a
for “paragraph (a) of section 13(1)” substitute “subsection (3) of section 13”,
b
for “that paragraph” substitute “that subsection”, and
c
each time it appears, omit “the Commission or”.
11
1
Section 27 is amended as follows.
2
In subsection (1), for each reference to “the Commission” substitute “the Executive”.
3
In subsection (2), after “Minister of the Crown to”, omit “the Commission or ”.
4
For subsection (3), substitute —
3
In the preceding subsection, any reference to a Minister of the Crown or the Executive includes respectively a reference to an officer of that person or of that body and also, in the case of a reference to the Executive, includes a reference to —
a
a person performing any functions of the Executive on its behalf by virtue of section 13(3);
b
an officer of a body which is so performing any such functions; and
c
an adviser appointed under section 13(7).
.
5
In subsection (4), omit “of the Commission or, as the case may be,”.
12
1
Section 28 is amended as follows.
2
In subsection (3) —
a
in paragraph (a), omit “the Commission,”; and
b
in paragraph (e), for each reference to “section 14(2)” substitute “section 14(2) or (2A)”.
3
For subsection (4), substitute —
4
In the preceding subsection, any reference to the Executive, the Environment Agency, the Scottish Environment Protection Agency, a government department or an enforcing authority includes respectively a reference to an officer of that body or authority (including, in the case of an enforcing authority, any inspector appointed by it), and also, in the case of a reference to the Executive, includes a reference to —
a
a person performing any functions of the Executive on its behalf by virtue of section 13(3);
b
an officer of a body which is so performing any such functions; and
c
an adviser appointed under section 13(7).
.
4
In subsection (5)(a), after “of that subsection, a purpose” omit “of the Commission or”.
5
In subsection (7), for each reference to “section 14(2)” substitute “section 14(2) or (2A)”.
13
In section 34(1) —
a
in paragraph (a), for “(2)(a)” substitute “(2)”; and
b
in paragraph (b), for “(2)(b)” substitute “(2A)”.
14
In section 43 —
a
in subsection (1) —
i
for each of the first two references to “the Commission” substitute “the Executive”; and
ii
omit the words from “and it shall” to the end; and
b
in subsection (3), omit “the Commission,”.
15
In section 45(1), for each reference to “the Commission”, substitute “the Executive”.
16
1
Section 50 is amended as follows.
2
For subsection (1), substitute —
1
Where any power to make regulations under any of the relevant statutory provisions is exercisable by the Secretary of State, that power may be exercised either —
a
so as to give effect (with or without modifications) to proposals submitted by the Executive under section 11(3); or
b
subject to subsection (1AA), independently of such proposals.
1AA
The Secretary of State shall not exercise the power referred to in subsection (1) independently of proposals from the Executive unless he has consulted the Executive and such other bodies as appear to him to be appropriate.
.
3
In subsection (2), for “the Commission” substitute “the Executive”.
4
In subsection (3) —
a
for “11(2)(d)”, substitute “11(3)”; and
b
for each reference to “the Commission” substitute “the Executive”.
17
In section 53(1) —
a
omit the definition of “the Commission”; and
b
in the definition of “the Executive”, for “10(5)” substitute “10(1)”.
18
1
Section 55 is amended as follows.
2
In subsections (1) and (2), for each reference to “the Health and Safety Commission” substitute “the Health and Safety Executive”.
3
For subsection (5), substitute —
5
Without prejudice to section 12, it shall be the duty of the Health and Safety Executive, if so directed by the Secretary of State, to enter into arrangements with him for the Executive to be responsible for maintaining the said service.
.
4
In subsection (6)(b), for “the Health and Safety Commission” substitute “the Health and Safety Executive”.
19
In section 59(5), for “the Commission” substitute “the Executive”.
20
For Schedule 2, substitute the schedule set out in Schedule 1 to this Order.
Transitional provisions
21
1
Any reference to the Health and Safety Executive in any enactment passed or made before the day on which this Order comes into force shall have effect on and after that day as a reference to the Health and Safety Executive as established by this Order.
2
Schedule 2 has effect.
Consequential Amendments
22
Schedule 3 has effect.
Signed by authority of the Secretary of State for Work and Pensions
William D McKenzie
Parliamentary Under Secretary of State
Department for Work and Pensions
31st March 2008


text:
Citation and commencement
1
This Order may be cited as the Special Restrictions on Adoptions from Abroad (Cambodia) Order 2008 and comes into force on 1st August 2008.
Declaration of special restrictions
2
Special restrictions are to apply for the time being in relation to the bringing of children into the United Kingdom from Cambodia in the cases mentioned in section 9(2) of the Children and Adoption Act 2006.
Kevin Brennan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
7th July 2008


text:
Citation
1
This Order may be cited as the UK Borders Act 2007 (Commencement No. 5) Order 2008.
Commencement
2
The following provisions of the UK Borders Act 2007 shall come into force on 6 th January 2009 —
a
section 21 (children);
b
for all remaining purposes, section 51 (Border and Immigration Inspectorate: plans); and
c
for all remaining purposes, sections 52 and 53 (Border and Immigration Inspectorate: relationship with other bodies).
Phil Woolas
Minister of State
Home Office
5th December 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Takeover Code (Concert Parties) Regulations 2008 and come into force 12.00 p.m. on 28th November 2008.
2
In these Regulations —
a
“the Takeover Code” means the rules made by the Panel on Takeovers and Mergers under section 943 of the Companies Act 2006 otherwise known as the City Code on Takeovers and Mergers;
b
“shares” means equity securities within the meaning of section 560 of the Companies Act 2006 and other transferable securities carrying voting rights;
c
“recapitalisation scheme” means the facility announced by the Chancellor of the Exchequer on 8 October 2008 to make available capital to certain financial institutions in order to strengthen their resources in the interests of financial stability;
d
“ UKFI ” means UK Financial Investments Limited, company registered number 06720891.
Application of Rule 9 of the Takeover Code
2
1
For the purposes of Rule 9 of the Takeover Code the following persons are not to be regarded as acting in concert with each other or the Treasury or the Secretary of State or UKFI by virtue of the Treasury holding (through a nominee or otherwise) shares in each of those persons —
a
a person some or all of the shares in which are held by a nominee of the Treasury or a company wholly owned by the Treasury as a result of the exercise of powers under the Banking (Special Provisions) Act 2008 ;
b
a person participating in the recapitalisation scheme.
2
For the purposes of Rule 9 of the Takeover Code, the Treasury, the Secretary of State and UKFI are not to be regarded as acting in concert with each other by virtue of the Treasury’s relationship with, and the Secretary of State’s and UKFI’s functions in relation to, a person listed in paragraph (1)(a) or (b).
Frank Roy
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
28th November 2008


text:
Citation and commencement
1
This Order may be cited as the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) Order 2008 and comes into force on 25th February 2008.
Amendment of Schedule 1 to the Judicial Pensions and Retirement Act 1993
2
In Part 2 of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (the offices which may be qualifying judicial offices) —
1
in the entry relating to a chairman of a Mental Health Review Tribunal, after “Tribunal” insert “for England”;
2
after the entry relating to a chairman of a Mental Health Review Tribunal insert —
Chairman of the Mental Health Review Tribunal for Wales
President of the Mental Health Review Tribunal for Wales
.
Jack Straw
Lord Chancellor
30th January 2008


text:
Citation, commencement and application
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programme of Study in Modern Foreign Languages in respect of the Third Key Stage) (England) Order 2008 and comes into force on 1st August 2008.
2
This Order applies in relation to England only.
Interpretation
2
In this Order —
a
“the Key Stage 3 Document” means the document published by the Authority on 30th August 2007 entitled “Modern foreign languages Programme of study: key stage 3”;
b
“level 1 of the National Curriculum levels of attainment” is to be interpreted in accordance with the description of performance at level 1 of the attainment targets contained in the booklet published by the Stationery Office entitled “Modern Foreign Languages, The National Curriculum for England, Key Stage 3”, ISBN 0113700752, as revised in 2004; and
c
“special educational needs” is to be interpreted in accordance with section 312 of the Education Act 1996 .
Specification of attainment targets and programmes of study
3
Subject to article 5(2)(b), in relation to any pupil who starts in the third key stage on or after 1st August 2008, it is directed that the provisions relating to attainment targets and the programme of study set out in the Key Stage 3 Document have effect for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to Modern Foreign Languages.
4
For the purposes of this Order, the examples and other passages printed in grey text or within square brackets in the Key Stage 3 Document (which serve to illustrate the programmes of study described therein or relate to background information) do not form part of the provisions relating to attainment targets and programmes of study referred to in article 3.
Revocation and savings
5
1
Subject to paragraph (2), the Education (National Curriculum) (Attainment Targets and Programmes of Study in Modern Foreign Languages in respect of the Third Key Stage) (England) (No 2) Order 2004 is revoked.
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Modern Foreign Languages in respect of the Third Key Stage) (England) (No 2) Order 2004 continues to have effect —
a
in relation to any pupil who started in the third key stage before 1st August 2008, for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to Modern Foreign Languages; and
b
in relation to any pupil who starts in the third key stage on or after 1st August 2008, has special educational needs and is working below level 1 of the National Curriculum levels of attainment, for the purposes of specifying attainment targets for the third key stage in relation to Modern Foreign Languages.
Jim Knight
Minister of State
Department for Children, Schools and Families
3rd July 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (England) (Charges for Property Searches) Regulations 2008.
2
These Regulations shall come into force seven days after the day on which they are made.
3
These Regulations apply only to local authorities in England.
Interpretation
2
1
In these Regulations, “access to property records” means access to property records granted by a local authority in any of the following ways —
a
allowing a person to inspect or search property records at a place designated by the authority for doing so;
b
allowing the making of or providing copies of, property records; or
c
the electronic transmission of property records, or copies of such records,
and in these Regulations, the expression “access to property records” is to be construed accordingly.
2
In these Regulations, a reference to a local authority “answering enquiries about a property” means —
a
the answering by the authority of any specific oral or written enquiries from a person about a property or property records; or
b
the carrying out by the authority of any activities for the purposes of answering such enquiries.
3
In these Regulations —
“financial year” means a period of twelve consecutive months ending with 31st March;
“free statutory information” means information required to be provided by a local authority under an enactment, where that enactment expressly —
prohibits a local authority from making a charge for doing so; or
requires that the authority provides the information free of charge;
“local authority” means —
a county council;
a district council;
a London Borough Council;
the Common Council of the City of London; and
the Council of the Isles of Scilly;
“internal transaction” means the granting of access to property records by one department of a local authority to another department of that authority;
“property” means a specified building or structure or specified land in relation to which property records are held by a local authority;
“property records” —
includes documents, registers, files and archives (held in any form by the local authority), which relate to a property;
includes information derived from such documents, registers, files and archives; but
excludes the local land charges register kept under section 3(2) of the Local Land Charges Act 1975 ;
“request” includes a written, oral, electronic or automated request; and
“unit charge” means the charge described in regulation 6(2) .
Revocation and transitional provision
3
1
Subject to paragraph (3) , the Local Authorities (Charges for Land Searches) Regulations 1994 are revoked in relation to England.
2
These Regulations apply where a local authority receives —
a
a request for access to property records; or
b
enquiries about a property,
on or after the date these Regulations come into force.
3
The Local Authorities (Charges for Land Searches) Regulations 1994 continue to apply where a local authority receives —
a
a request for access to property records; or
b
enquiries about a property,
before the date these Regulations come into force.
Scope of regulations 5 and 8
4
1
Subject to paragraphs (2) and (3) , regulations 5 and 8 apply in respect of a local authority —
a
granting access to property records; or
b
answering enquiries about a property,
whether it does so under a power or duty, created or imposed by any enactment.
2
Regulations 5 and 8 do not apply —
a
to anything in respect of which a local authority may or must impose a charge apart from these Regulations; or
b
in respect of access to free statutory information, except to the extent that a local authority is providing a service which is supplementary or incidental to that described in the enactment in question.
3
Regulations 5 and 8 do not apply in respect of anything done in the course of exercising an excepted function.
Charges for access to property records
5
1
This regulation applies where a local authority grants access to property records to a person (including to another local authority).
2
The authority may impose a charge on that person for granting such access if it makes or proposes to make an internal recharge (analogous to a charge) for internal transactions.
3
The charges and recharges made under this regulation must be calculated in accordance with regulations 6 and 7 .
Calculation of charges for access to property records
6
1
This regulation and regulation 7 make provision for the charges and internal recharges made under regulation 5(2) to be no more than the costs to the local authority of granting access to property records.
2
Subject to paragraph (3) , each charge or recharge (the “unit charge”) for access to property records made during a financial year must be calculated by —
a
dividing a reasonable estimate of the likely total costs to the local authority in granting access to property records (and performing internal transactions) during the financial year; by
b
a reasonable estimate of the number of requests for access to property records likely to be received (from another person or different departments of the authority) over that same financial year.
3
A local authority must take all reasonable steps to ensure that over the course of any period of three consecutive financial years, the total income (including notional income from internal transactions) from such charges and recharges does not exceed the total costs of granting access to property records.
4
Where under paragraph (2) , a local authority makes an overestimate or underestimate of the unit charge for a financial year, it must take this into account in determining the unit charge for the following financial year.
5
Each unit charge made during a financial year must be the same amount and must be applied on equal terms, regardless of whether it is made in relation to granting access to property records or internal transactions (although multiple unit charges may be made in respect of multiple requests for access or multiple transactions).
Interpretation of costs under regulation 6(1)
7
1
In regulation 6(1) , “costs” means any costs to the local authority (including related salary costs and the costs of the creation and maintenance of records) reasonably incurred in connection with complying with a request for access to property records.
2
In regulation 6(1) , “costs” does not include —
a
such costs as the local authority incurs in granting access to free statutory information; or
b
such costs to the authority as are directly referable to the maintenance of free statutory information.
Charges by local authorities for answering enquiries about a property
8
1
Subject to paragraph (2) , a local authority may charge a person (including another local authority) in respect of answering enquiries from that person about a property.
2
Any charge made under paragraph (1) may be made at the local authority’s discretion but must have regard to the costs to the local authority of answering enquiries about the property.
Transparency in relation to setting of charges
9
1
During each financial year, a local authority must publish a statement setting out —
a
the estimates the local authority has made under regulation 6(2) (estimates of total costs and estimates of numbers of requests) in respect of the unit charge for the following financial year;
b
the basis for those estimates; and
c
the amount of the unit charge it proposes for the following financial year.
2
In respect of every financial year, beginning with that which ends on 31st March 2010, a local authority must publish by 30th June following the end of that financial year, a summary setting out —
a
the total costs to the authority in granting access to property records or performing internal transactions;
b
the number of requests to which these costs relate; and
c
the total income (or notional income) to the authority from charges and recharges made under regulation 5 .
3
In respect of every financial year, beginning with that which ends on 31st March 2010, a local authority must publish by 30th June following the end of that financial year, a summary setting out the total income to the authority from charges made under regulation 8 (answering enquiries about a property).
4
The information to be published under this regulation must be approved by the person having responsibility for the administration of the financial affairs of the local authority under —
a
section 151 of the Local Government Act 1972 ; or
b
in the case of the Common Council of the City of London, section 6 of the Local Government and Housing Act 1989 .
Signed by authority of the Secretary of State for Communities and Local Government
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
16th December 2008


text:
Title and Commencement
1
The Title of this Order is the Pembrokeshire and Derwen National Health Service Trust (Dissolution) Order 2008 and it comes into force on 1 April 2008.
Dissolution of NHS Trust
2
The Pembrokeshire and Derwen National Health Service Trust established by the Pembrokeshire and Derwen National Health Service Trust (Establishment) Order 1997 is hereby dissolved, and accordingly that Order is hereby revoked.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
28 March 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Prescription Only Medicines (Human Use) Amendment Order 2008 and shall come into force on 1st April 2008.
2
In this Order, “the principal Order ” means the Prescription Only Medicines (Human Use) Order 1997 .
Amendment of article 2 of the principal Order
2
In article 2 of the principal Order (appropriate practitioners) —
a
in paragraph (a), after “supplementary prescribers,” add “nurse independent prescribers, pharmacist independent prescribers,”; and
b
omit paragraphs (c) and (d).
Amendment of article 3 of the principal Order
3
In article 3 of the principal Order (medicinal products on prescription only), after paragraph (g) insert the following paragraph —
h
medicinal products in respect of which a marketing authorization has been granted consisting of or containing pseudoephedrine salts or ephedrine base or salts in all pharmaceutical forms which in the marketing authorization are classified as being pharmacy only medicines
.
Omission of article 3A of the principal Order
4
Article 3A of the principal Order (prescribing and administration by nurse independent prescribers) is omitted.
Amendment of article 3B of the principal Order
5
In article 3B of the principal Order (prescribing and administration by supplementary prescribers) , for paragraph (2) substitute the following paragraph —
2
Paragraph (1) does not apply if the supplementary prescriber is a community practitioner nurse prescriber and the medicinal product prescribed or administered, or in respect of which he gives directions for administration, falls within a description or class of medicinal products specified in Schedule 3.
.
Amendment of article 3C of the principal Order
6
In article 3C of the principal Order (exemptions from conditions in respect of the cases or circumstances in which a nurse independent prescriber or supplementary prescriber may administer a medicinal product) —
a
in the heading, omit “ nurse independent prescriber or ” ; and
b
i
omit “article 3A(3) and in”, and
ii
omit “nurse independent prescriber or”.
Insertion of article 5B in the principal Order
7
After article 5A of the principal Order, insert the following article —
Exemption for products consisting of or containing pseudoephedrine salts or ephedrine base or salts
5B
1
A medicinal product falling within article 3(h) shall be exempt from the restrictions imposed by section 58(2) (restrictions on sale, supply and administration) if the conditions in paragraph (2) are satisfied —
2
The conditions referred to in this paragraph are that —
a
the medicinal product sold or supplied to a person must not be sold or supplied at the same time as another medicinal product that consists of or contains —
i
in the case of pseudoephedrine salts, ephedrine base or salts;
ii
in the case of ephedrine base or salts, pseudoephedrine salts; and
b
the medicinal product or products sold or supplied to a person at any one time must not in total contain more than —
i
in the case of pseudoephedrine salts, 720mg pseudoephedrine salts;
ii
in the case of ephedrine base or salts, 180mg ephedrine base or salts.
.
Amendment of article 12 of the principal Order
8
In article 12 of the principal Order (exemption for sale and supply in hospitals) , in paragraph (3) —
a
omit “a nurse independent prescriber or”; and
b
omit “3A or”.
Amendment of article 13A of the principal Order
9
In article 13A of the principal Order (exemptions relating to prescriptions given by certain health professionals) , in paragraph (2) —
a
omit in both places where it occurs “nurse independent prescriber or”; and
b
for “articles 3A(2) and (3) or” substitute “article”.
Omission of Schedule 3A to the principal Order
10
Schedule 3A to the principal Order (controlled drugs which may be prescribed, administered or directed for administration by nurse independent prescribers and conditions for such prescription or administration) is omitted.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
20th February 2008
Michael McGimpsey
Minister of Health, Social Services and Public Safety
20th February 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Amendment) (No. 2) Order 2008 and shall come into force on 2nd January 2009.
2
In this Order, “the 2003 Order ” means the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 .
Amendments
2
1
In Schedule 1 to the 2003 Order —
a
in paragraph g. of the note to entry ML1, after “processing” insert “(ie, using only lenses to view the target)”;
b
renumber the note to entry ML2 as “ Note 1 ” and immediately after it insert —
Note 2: ML2.a. does not apply to hand-held projectile launchers specially designed to launch tethered projectiles, having no high explosive charge or communications link, to a range of 500m or less.
;
c
after entry ML6, insert a new entry PL5035 as follows —
Components that are both specially designed to provide ballistic protection and specially designed or modified for “vehicles” specified in ML6.b.
N.B.: See also ML13.a. for armoured plate.
;
d
in entry ML7, for “ N.B. ” where it first appears substitute “ Note ”;
e
in entry ML7.e., after “military use” insert “, designed or modified”;
f
in entry ML7.f. —
i
for “and specially designed components therefor, and specially formulated chemical mixtures as follows:” substitute “components and chemical mixtures as follows:”;
ii
in paragraphs 1. and 2., omit “specially” where it first appears;
g
in entry ML7.g.,after “military use,” insert “designed or modified”;
h
immediately before the note to entry ML7.g., insert —
N.B.: See also 1A in Annex I to “the Regulation”.
;
i
in entry ML8, for “ N.B. ” where it first appears substitute “ Note ”;
j
insert the following technical note to ML17.e.3. immediately after it —
Technical Note:
Electro-magnetic pulse does not refer to unintentional interference caused by electromagnetic radiation from nearby equipment (eg, machinery, appliances or electronics) or lightning.
;
k
in entry ML21.b.4., after ““Software”” insert “that is both specially designed for military use and”;
l
in entry PL5001.e., for “specifically” substitute “specially”;
m
in entry PL8001.a., after “1A005,” insert “1A006, 1A007,”;
n
immediately before the note to entry PL8001.a.3., insert —
N.B.: See also 1A007, 3A229 and 3A232 in Annex I to “the Regulation”.
;
o
immediately before the note to entry PL8001.a.4., insert —
N.B.: See also 1A005 and 1A006 in Annex I to “the Regulation”.
.
2
In Schedule 5 to the 2003 Order, for “Council Regulation (EC) No. 1183/2007 of 18 September 2007 (O.J. L 278, 22.10.2007, p.1).” substitute “Council Regulation (EC) No. 1167/2008 of 24 October 2008 (O.J. L 325, 3.12.2008, p.1).”.
3
References in —
a
the Trade in Goods (Control) Order 2003 , and
b
the Trade in Controlled Goods (Embargoed Destinations) Order 2004
to Schedule 1 to the 2003 Order shall be construed as references to that Schedule as amended by this Order.
Ian Pearson
Economic and Business Minister
Department for Business, Enterprise and Regulatory Reform
10th December 2008