type: legislation

jurisdiction: UK

text:
Title and commencement
1
The title of this Order is The Preserved Counties of Powys and Mid Glamorgan (Changes in Area) Order 2010 and it comes into force on 1 April 2010.
Interpretation
2
In this Order —
“the boundary map” (“ y map ffiniau ”) means the map marked “Map of the Preserved Counties of Powys and Mid Glamorgan (Changes in Area) Order 2010”.
Changes in area of preserved counties
3
The part of the preserved county of Powys shown hatched on the boundary map is transferred to the preserved county of Mid Glamorgan.
Carl Sargeant
Minister for Social Justice and Local Government, one of the Welsh Ministers
11 January 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Police Authorities (Particular Functions and Transitional Provisions) (Amendment) Order 2010 and shall come into force on 17 March 2010.
2
In this Order “the 2008 Order ” means the Police Authorities (Particular Functions and Transitional Provisions) Order 2008 .
Amendment of the 2008 Order
2
The 2008 Order is amended in accordance with the following provisions of this Order.
3
In article 2 of the 2008 Order for “5” substitute “5A”.
4
After article 5 of the 2008 Order insert —
5A
1
This article applies to complaints made by members of the public to police forces, not being complaints to which Part 2 of the Police Reform Act 2002 applies.
2
A police authority shall monitor complaints made to the police force maintained for its area to which this article applies, and shall intervene where it appears to the authority that the response of the force to such complaints is unsatisfactory.
3
Without prejudice to the generality of paragraph (2), the authority shall in particular —
a
ensure that it is kept informed by the force about complaints;
b
monitor the way that the force responds to complaints;
c
challenge the force to correct or improve its processes for responding to complaints where it appears to the authority that the processes are unsatisfactory;
d
intervene in the way the force is responding to a particular complaint if it appears to the authority that such an intervention is necessary to ensure that the member of the public in question obtains a satisfactory response.
.
David Hanson
Minister of State
Home Office
22nd February 2010


text:
Citation and commencement
1
These Regulations may be cited as the School Information (England) (Amendment) (Revocation) Regulations 2010 and come into force on 27th August 2010.
Revocation
2
The School Information (England) (Amendment) Regulations 2010 are revoked.
Nick Gibb
Minister of State
Department for Education
20th July 2010


text:
1
This Order may be cited as the European Union (Definition of Treaties) (Stabilisation and Association Agreement) (Bosnia and Herzegovina) Order 2010.
2
It shall come into force on the date on which the treaty specified in the Schedule enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
3
The treaty specified in the Schedule is to be regarded as an EU Treaty as defined in section 1(2) of the European Communities Act 1972.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Offshore Installations (Safety Zones) Order 2010 and comes into force on 6th April 2010.
Establishment of safety zone
2
A safety zone is established around the installation specified in column 1 of the Schedule (being an installation stationed in waters to which subsection (7) of section 21 of the Petroleum Act 1987 applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to the World Geodetic System 1984 specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State for Work and Pensions.
Bill D. McKenzie
Parliamentary Under Secretary of State,
Department for Work and Pensions
16th March 2010


text:
Citation and commencement
1
1
This Order may be cited as the Newlyn Pier and Harbour Revision (Constitution) Order 2010 and shall come into force on 21 st May 2010.
2
The Newlyn Pier and Harbour Orders 1906 to 1996 and this Order may be cited together as the Newlyn Pier and Harbour Orders 1906 to 2010.
Interpretation
2
In this Order, unless the context otherwise requires —
“appointed Commissioner” means a Commissioner appointed under article 4 (1) (a) or (b) , 6 or 8 ;
“appointing bodies” means the Commissioners and the Council;
“the chair” means the person who chairs the meetings of the Commissioners;
“the clerk” means the clerk of the Commissioners;
“the Commissioners” means the Newlyn Pier and Harbour Commissioners;
“the Council” means the Cornwall Council;
“the harbour” means the harbour of Newlyn within the limits described in section 6 of the Newlyn Pier and Harbour Order 1906 and includes any land or property belonging to the Commissioners;
“the harbour management representative” means the senior executive responsible for the operational, financial and other business activities of the harbour for the time being employed by the Commissioners;
“licensed fishing boat” means a fishing boat in respect of which fishing is licensed under regulations made under section 4 of the Sea Fish (Conservation) Act 1967 ;
“local councillor” means a member of the Council who represents an electoral area which includes all or part of the towns of Penzance or Newlyn;
“the new constitution date” means 31 st May 2010.
Incorporation of the Commissioners’ Clauses Act 1847
3
Sections 1 to 4, 6 to 10, 12, 14 to 16, 36 to 92, 94 to 97, 99 to 102, 104 and 109 to 111 of the Commissioners Clauses Act 1847 (so far as applicable to and not inconsistent with the Newlyn Pier and Harbour Orders 1906 to 2010), are incorporated with and form part of this Order.
Constitution of the Commissioners
4
1
On and after the new constitution date, the Commissioners, subject to articles 5 , 6, 8 , 10 and 11 , are to consist of eleven persons of whom —
a
eight are to be appointed by the Commissioners;
b
two are to be appointed by the Council;
c
one is to be the harbour management representative.
2
Each Commissioner appointed under paragraph (1) (a) and (b) and article 10 must be a person who appears to the appointing body in question to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Commissioners of their functions.
3
Without prejudice to the generality of paragraph (2) , the appointing bodies must have regard to the importance of the fishing industry to Newlyn and Cornwall and to the objective of ensuring that the Commissioners include persons having special knowledge, experience or ability in one or more of the following matters —
a
commercial licensed fishing boat ownership (in the case of at least three Commissioners, of whom at least one must be an active sea-going fisherman);
b
wholesale fish selling (in the case of at least one Commissioner);
c
commercial or financial matters;
d
water related leisure interests;
e
community matters;
f
management of harbours;
g
administration;
h
local government;
i
environmental matters; and
j
any other skills and abilities considered from time to time by the Commissioners to be relevant to the discharge by them of their functions.
4
Each of the appointing bodies must secure, so far as reasonably practicable, that the Commissioners appointed by them will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by them of their functions.
5
In making an appointment under article (1) (b) the Council must have special regard to the local knowledge of any local councillor who applies to become a Commissioner under that article.
6
In making an appointment under paragraph (1) (a) or (b) or article 8 or 10 , each of the appointing bodies must act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.
Appointment and terms of office of first Commissioners
5
1
The first appointments under article 4 (1) (a) and (b) must be made on, or as soon as reasonably practicable after, 24 th May 2010.
2
Of the Commissioners appointed under article 4 (1) (a) —
a
three of the Commissioners are to hold office from the new constitution date until 30 th May 2011,
b
three of the Commissioners are to hold office from the new constitution date until 30 th May 2012;
c
two of the Commissioners are to hold office from the new constitution date until 30 th May 2013;
as the Commissioners must specify when they make each of those appointments.
3
One of the Commissioners holding office until 30 th May 2013 must be appointed as the chair.
4
One of the Commissioners appointed under article 4 (1) (b) is to hold office from the new constitution date until 30 th May 2011 and the other is to hold office from the new constitution date until 30 th May 2012.
Transitional appointed Commissioner
6
1
To ensure that the Commissioners have sufficient experience for the efficient exercise of their functions on and after the new constitution date, the existing Commissioners may before that date appoint from their number one other Commissioner to serve, in addition to the Commissioners appointed under article 4 , as an appointed Commissioner for a period of six months beginning on the new constitution date.
2
The Commissioner appointed under paragraph (1) is not entitled to vote on any matter to be decided by the Commissioners or any committee of the Commissioners.
Terms of office of subsequent Commissioners
7
An appointed Commissioner (other than any first Commissioner appointed under article 5) is, unless appointed to fill a casual vacancy and subject to articles 9 and 11 of and paragraph 3 of Schedule 2, to hold office for the period of three years from 31 st May next following his appointment.
Casual vacancies
8
1
A casual vacancy arising in the office of an appointed Commissioner must, unless it is not reasonably practical to do so, be filled by the appointment of a Commissioner by the relevant appointing body in accordance with the requirements of article 4(2) to (6) as if the appointment were made under article 4.
2
A Commissioner appointed to fill a casual vacancy under this article is, subject to articles 9 and 11 and paragraph 3 of Schedule 2, to hold office during the remainder of the term for which the Commissioner in whose place he has been appointed was appointed.
Declaration to be made by Commissioners
9
No person may act as a Commissioner until that person has made the declaration set out in Schedule 1 (or a declaration to that effect), and a person who fails to make that declaration within three months of being appointed must cease to be a Commissioner.
Additional Commissioners
10
The Commissioners, if they see fit, may at any time appoint up to two additional Commissioners for a fixed term of up to twelve months.
Disqualification of Commissioners
11
1
If the Commissioners are satisfied that a Commissioner (other than the harbour management representative) —
a
has been absent from meetings of the Commissioners for a period of six consecutive months without the permission of the Commissioners;
b
has become bankrupt or has made an arrangement with his creditors; or
c
is incapacitated by physical or mental illness from discharging the functions of a Commissioner,
the Commissioners may by resolution declare the office of that Commissioner to be vacant and on such a resolution coming into effect that office is to become vacant.
2
If the Commissioners are satisfied that a Commissioner —
a
has acted in a manner which has seriously impeded or prejudiced the Commissioners in the performance of their functions;
b
has failed to comply with the standards required for the governance of the harbour by the Commissioners;
c
has acted in a manner which may bring the Commissioners into disrepute or which is otherwise inappropriate having regard to the functions of the Commissioners; or
d
is otherwise unable, unwilling or unfit to discharge adequately the functions of a Commissioner;
the Commissioners may request in writing the resignation of that Commissioner or, by resolution, declare the office of that Commissioner to be vacant and on receipt of the resignation or on such a resolution coming into effect, as the case may be, that office is to become vacant.
Advisory body
12
1
The Commissioners must establish one or more advisory body or bodies which the Commissioners must consult on all matters substantially affecting the harbour.
2
The Commissioners must make arrangements for every advisory body to meet not less than twice a year.
3
The Commissioners must take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by an advisory body whether or not that advisory body has been consulted by the Commissioners.
4
An advisory body established under this article is to consist of such number of persons appointed by the Commissioners as the Commissioners consider appropriate.
5
Appointments to an advisory body must be made by the Commissioners in accordance with a scheme prepared by them for that purpose and the scheme must provide for the appointment of persons who, in the opinion of the Commissioners, are representative of persons having an interest in the functioning of the harbour.
6
An advisory body may determine its own quorum and procedure and must appoint a chair.
7
An individual member of an advisory body may, on giving notice in writing to the chair of that body, send a substitute to any meeting of the body.
8
A member of an advisory body is to hold office for the period of three years from the date of this appointment and at the end of that period is to be eligible for reappointment.
9
A member of an advisory body may resign his office at any time by notice in writing given to the chair of the Commissioners.
Indemnity insurance for the Commissioners
13
The Commissioners may enter into, and pay premiums for, a contract of insurance to indemnify the Commissioners jointly or severally against personal liability arising from any act or omission of the Commissioners or of any of them; not being an act or omission by any Commissioner which that Commissioner knew to be a breach of duty or concerning which that Commissioner was reckless as to whether it was such a breach.
Provisions applying to Commissioners
14
On and after the new constitution date, Schedule 2 has effect with respect to the Commissioners.
Revocations
15
On the new constitution date the enactments mentioned in the first and second columns of Schedule 3 are revoked to the extent specified in the third column of that Schedule.
Signed by authority of the Secretary of State for Transport
Richard Bennett
Head of Ports Division
Department for Transport
20th May 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Publication of Draft Proposals and Orders) (Further Education Corporations) (England) (Amendment) Regulations 2010 and come into force on 6th April 2010.
2
These Regulations apply in relation to England.
Amendments to the Education (Publication of Draft Proposals and Orders) (Further Education Corporations) (England) Regulations 2001
2
The Education (Publication of Draft Proposals and Orders) (Further Education Corporations) (England) Regulations 2001 are amended as set out in regulations 3 to 6.
3
In regulation 1(2), for the definition of “the Council”, substitute ““the CE of Skills Funding” means the Chief Executive of Skills Funding”.
4
In regulations 4, 5, 6 and 7, for “the Council”, wherever those words appear, substitute “the CE of Skills Funding”.
5
In regulation 4 —
a
in paragraph (2)(c), after “that institution” insert “or, if there is more than one main entrance, all of them”;
b
at the end of paragraph (4)(b) omit “and” and for paragraph (4)(c) substitute —
c
the Young People’s Learning Agency for England;
d
the Member of Parliament in whose constituency the institution is situated or is proposed to be situated;
e
any other Member of Parliament whose constituents it appears to the CE of Skills Funding are likely to be affected by the proposal; and
f
any other person who appears to the CE of Skills Funding to have an interest.
.
6
In regulation 6 —
a
in paragraph (1)(b)(iii) after “that institution” insert “or, if there is more than one main entrance, all of them”;
b
at the end of paragraph (3)(b) omit “and” and for paragraph (3)(c) substitute —
c
the Young People’s Learning Agency for England; and
d
any other person who appears to the Secretary of State to have an interest.
.
Kevin Brennan
Minister for Further Education, Skills, Apprenticeships and Consumer Affairs
Department for Business, Innovation and Skills
15th March 2010


text:
1
This Order may be cited as the South Kent College, Folkestone (Dissolution) Order 2010 and comes into force on 31st March 2010.
2
On 31st March 2010 the corporation is to be dissolved and all of its property rights and liabilities are to be transferred to West Kent College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 31st March 2010 as if the reference in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 31st March 2010;
c
to the transferor were to the corporation; and
d
to the corporation were to West Kent College.
Kevin Brennan
Minister for Further Education, Skills, Apprenticeships and Consumer Affairs
Department for Business, Innovation and Skills
4th March 2010


text:
Citation and commencement
1
1
This Order may be cited as the Cornwall Inshore Fisheries and Conservation Order 2010.
2
This Order comes into force on 1st October 2010.
Interpretation
2
1
In this Order —
“the Marine Act ” means the Marine and Coastal Access Act 2009;
“additional member” is to be read in accordance with article 5(2)(c) ;
“ the Authority ” means the Cornwall Inshore Fisheries and Conservation Authority (see article 4 );
“chair” means the chair of the Authority (see article 7 );
“council member” is to be read in accordance with article 5(2)(a) ;
“the district” is to be read in accordance with article 3(1) ;
“general member” is to be read in accordance with article 5(2)(b) ;
“relevant appointing body”, in relation to a person, means the body that appointed the person as a member of the Authority;
“vice-chair” is to be read in accordance with article 14 (1).
2
Expressions used in this Order and in Chapter 1 of Part 6 of the Marine Act have the same meaning in this Order as they have in that Chapter.
The Cornwall Inshore Fisheries and Conservation District
3
1
There is to be an inshore fisheries and conservation district known as the Cornwall Inshore Fisheries and Conservation District (“the district”).
2
The district is the area that consists of —
a
the area of Cornwall Council (the “basic area” of the district); and
b
the adjacent area of sea (see paragraph (3) ).
3
The “adjacent area of sea” is so much of the sea adjacent to the basic area of the district as lies —
a
within the boundaries specified in paragraph (4) ; and
b
to a distance of 6 nautical miles from the 1983 baselines .
4
Those boundaries are —
a
a loxodromic line joining the co-ordinates numbered 1 and 2 in Part 1 of the Table in the Schedule; and
b
a loxodromic line joining the co-ordinates numbered 1 to 10 in Part 2 of that Table.
5
In this article —
a
“the 1983 baselines” means the baselines for the measurement of the breadth of the territorial sea of the United Kingdom as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 ;
b
“ co-ordinate ” means a co-ordinate of latitude and longitude on the World Geodetic System 1984; and
c
“ nautical mile ” means an international nautical mile of 1,852 metres.
The Cornwall Inshore Fisheries and Conservation Authority
4
The inshore fisheries and conservation authority for the district is to be known as the Cornwall Inshore Fisheries and Conservation Authority.
Membership of the Authority
5
1
The Authority is to consist of 21 members.
2
Of those 21 members —
a
7 (the “council members”) must be members of Cornwall Council ;
b
12 (the “general members”) must be persons appointed by the MMO , and must include at least one employee of the MMO; and
c
2 (the “additional members”) must be appointed in accordance with paragraph (3) .
3
One of the additional members is to be appointed by the Environment Agency and the other is to be appointed by Natural England.
Terms of appointment
6
1
A person appointed as a member of the Authority holds and vacates office in accordance with the terms of the appointment.
2
The terms of appointment of a member are such as the body making the appointment determines.
3
Paragraph (1) is subject to articles 9 to 11 .
Appointment of Chair
7
1
The Authority must appoint from among its members a person to be the chair of the Authority.
2
Paragraph (1) is subject to articles 8(6) and 14(5) (eligibility for re-appointment).
3
The Authority must appoint the chair at the first meeting of the Authority held after the beginning of each financial year.
4
The chair holds office for the period beginning with the meeting at which the chair is appointed and ending with the first meeting of the Authority held after the beginning of the following financial year, but this is subject to articles 8 to 11 .
Removal of Chair
8
1
The Authority may remove a person from the office of chair if the condition in paragraph (2) is met.
2
The condition is that the Authority considers that the person is failing, or has failed, to discharge the duties of the chair in accordance with the requirements of —
a
the Marine Act;
b
this Order; or
c
any standing orders made by the Authority.
3
If a person is removed from the office of chair under this article, the Authority must appoint another person from among its members to the office of chair.
4
Paragraph (3) is subject to paragraph (6) and article 14(5) .
5
The person so appointed —
a
takes office on being appointed; and
b
holds office for the remainder of the period specified in article 7(4) ,
but paragraph (b) is subject to the further application of this article and to articles 9 to 11 .
6
A person who has been removed from the office of chair under this article is not eligible to be re-appointed as chair.
Resignation from office
9
1
A person may resign as a member of the Authority by giving notice in writing to —
a
the Authority; and
b
the relevant appointing body.
2
A person appointed as chair may resign from the office of chair by giving notice in writing to the Authority.
3
The Authority must appoint a person from among its members to the office of chair where —
a
a person who resigns as a member is the chair; or
b
a person appointed as chair resigns from the office of chair.
4
Paragraph (3) is subject to articles 8(6) and 14(5) .
5
The person so appointed —
a
takes office on being appointed; and
b
holds office for the remainder of the period specified in article 7(4) ,
but paragraph (b) is subject to the further application of this article and to articles 8 , 10 and 11 .
Suspension of membership
10
1
The Authority or the relevant appointing body may suspend the appointment of any member against whom criminal proceedings are commenced.
2
Where —
a
the member is acquitted of the offence; or
b
the proceedings are discontinued or withdrawn,
the suspension ends on the acquittal, discontinuance or withdrawal.
3
If the member is the chair, the member is also suspended as chair for the period of the suspension of membership.
4
A council member whose membership of Cornwall Council is suspended is, for the period of that suspension, also suspended —
a
as a member of the Authority; and
b
if the council member is the chair, as chair.
Termination of membership
11
1
A person’s appointment as a member of the Authority ceases in any of the following circumstances —
a
the person is convicted of an offence under fisheries legislation, nature conservation legislation or marine licensing legislation;
b
a monetary penalty is imposed on the person under fisheries legislation, nature conservation legislation or marine licensing legislation;
c
the person is a council member and ceases to be a member of Cornwall Council.
2
The Authority may terminate the appointment of a person as a member if the person is convicted of a criminal offence other than one under fisheries legislation, nature conservation legislation or marine licensing legislation.
3
The Authority must appoint a person from among its members to the office of chair where —
a
a person whose membership ceases under this article is the chair; or
b
a person whose membership ceases under the terms of the person’s appointment is the chair.
4
Paragraph (3) is subject to articles 8(6) and 14(5) .
5
The person so appointed —
a
takes office on being appointed; and
b
holds office for the remainder of the period specified in article 7(4) ,
but paragraph (b) is subject to the further application of this article and to articles 8 to 10 .
6
In this article —
a
“fisheries legislation” means enactments relating to sea or freshwater fishing;
b
“marine licensing legislation” means Part 4 of the Marine Act; and
c
“nature conservation legislation” means the enactments mentioned in section 237(2) of the Marine Act.
7
In paragraph (6) “enactment” includes an enactment contained in subordinate legislation.
Eligibility for appointment or re-appointment
12
A person is not eligible for appointment or re-appointment as a member of the Authority if —
a
the person has been convicted of a criminal offence; and
b
the conviction is not spent for the purposes of the Rehabilitation of Offenders Act 1974 .
Quorum and general procedure
13
1
A meeting of the Authority is quorate if —
a
6 or more members are present;
b
at least one of those members is a council member; and
c
at least one of those members is a general member.
2
Cornwall Council may not make standing orders as respects the Authority under section 106 of the Local Government Act 1972 (standing orders with respect to proceedings).
Chairing of meetings
14
1
The Authority must appoint from among its members a person (the “vice-chair”) who is to chair any meeting of the Authority which the chair is unable to chair (but see paragraphs (4) and (5) ).
2
If neither the chair nor the vice-chair is able to chair a meeting of the Authority, the members present at the meeting must appoint one of their number to chair the meeting.
3
Articles 7(3) and (4) , 8(1) to (3) and (5) , 9(2), (3) and (5) , 10(3) and (4) and 11(3) and (5) apply to the vice-chair as they apply to the chair.
4
A person who has been removed from the office of chair under article 8 is not eligible to be appointed as vice-chair.
5
A person who has been removed from the office of vice-chair under article 8 is not eligible to be appointed as chair or re-appointed as vice-chair.
Expenses and allowances
15
1
The Authority may reimburse the expenses of its members incurred in connection with attending a meeting of the Authority or otherwise carrying out the functions of the Authority.
2
The Authority may pay to its members such allowances as it may determine.
3
In particular, the Authority may pay to a general member who is not an employee of the MMO an allowance in respect of a loss of earnings arising from that member’s attendance at a meeting of the Authority.
4
The Authority must determine, before the beginning of each financial year, the circumstances in which a member is eligible under this article for the reimbursement of expenses incurred in that year or the receipt of an allowance in respect of that year.
Expenses of the Authority
16
1
The expenses incurred by the Authority must be defrayed by Cornwall Council.
2
Before the consideration of any motion by virtue of subsection (4) of section 180 of the Marine Act to veto the total amount of expenses incurred by the Authority which is to be defrayed pursuant to that section, the Authority must give notice in writing of that motion to each council member.
Delegation of Authority’s functions
17
1
If the Authority considers it necessary or expedient for the exercise of its functions, it may authorise a sub-committee or any member or employee of the Authority to exercise any of the Authority’s functions.
2
A sub-committee may not include persons who are not members of the Authority.
3
Paragraph (1) does not prevent the Authority from exercising the function itself.
Validity of acts and proceedings
18
The validity of anything done by the Authority, or by any sub-committee of the Authority, is not affected by any of the following —
a
any vacancy in the office of chair or vice-chair;
b
any deficiency in the total number of members of the Authority or sub-committee;
c
any deficiency in the number of council members, general members or additional members;
d
any defect in a person’s appointment as the chair or vice-chair or as a member of the Authority or sub-committee.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
31st August 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Somalia (Asset-Freezing) Regulations 2010 and shall come into force on 4th January 2011.
2
An offence under these Regulations may be committed by conduct wholly or partly outside the United Kingdom by —
a
a UK national, or
b
a body incorporated or constituted under the law of any part of the United Kingdom.
3
In paragraph (2) —
“conduct” includes acts and omissions;
“UK national” means —
a British citizen,
a British overseas territories citizen who acquired their citizenship from a connection with Gibraltar, or
a British subject under Part 4 of the British Nationality Act 1981 (British subjects) with the right of abode in the United Kingdom.
Interpretation
2
1
In these Regulations —
“the 2000 Act ” means the Financial Services and Markets Act 2000 ;
“the Council Regulation ” means Council Regulation (EU) No. 356/2010 of 26 April 2010 imposing certain specific restrictive measures directed against certain natural or legal persons entities or bodies, in view of the situation in Somalia, and references to Annex I of that Regulation are to be construed as references to that Annex as amended from time to time;
“designated person” means a natural or legal person, group or entity listed in Annex I to the Council Regulation;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;
“relevant institution” means —
a person who has permission under Part 4 of the 2000 Act (permission to carry on regulated activities) ;
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the 2000 Act (EEA passport rights) which has permission under paragraph 15 of that Schedule as a result of qualifying for authorisation under paragraph 12 of that Schedule to accept deposits; or
an undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means or cashes cheques which are made payable to customers.
2
The definition of “relevant institution” in paragraph (1) must be read with —
a
section 22 of the 2000 Act (the classes of activity and categories of investment),
b
any relevant order under that section , and
c
Schedule 2 to that Act (regulated activities).
3
Any expression used both in these Regulations and in the Council Regulation has the meaning that it bears in the Council Regulation.
Freezing of funds and economic resources
3
1
A person (“P”) must not deal with funds or economic resources belonging to, or owned, held or controlled by, a designated person if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources.
2
In paragraph (1) “deal with” means —
a
in relation to funds —
i
use, alter, move, allow access to or transfer;
ii
deal with the funds in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination; or
iii
make any other change that would enable use, including portfolio management; and
b
in relation to economic resources, exchange or use in exchange for funds, goods or services.
3
Paragraph (1) is subject to regulations 8 to 10.
4
A person who contravenes the prohibition in paragraph (1) commits an offence.
Making funds available to a designated person
4
1
A person (“P”) must not make funds available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
Paragraph (1) is subject to regulations 8 to 10.
3
A person who contravenes the prohibition in paragraph (1) commits an offence.
Making funds available for the benefit of a designated person
5
1
A person (“P”) must not make funds available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
For the purposes of this regulation —
a
funds are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulations 8 to 10.
4
A person who contravenes the prohibition in paragraph (1) commits an offence.
Making economic resources available to a designated person
6
1
A person (“P”) must not make economic resources available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect —
a
that P is making the economic resources so available, and
b
that the designated person would be likely to exchange the economic resources, or use them in exchange, for funds, goods or services.
2
Paragraph (1) is subject to regulations 9 and 10.
3
A person who contravenes the prohibition in paragraph (1) commits an offence.
Making economic resources available for the benefit of a designated person
7
1
A person (“P”) must not make economic resources available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the economic resources so available.
2
For the purposes of this regulation —
a
economic resources are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulations 9 and 10.
4
A person who contravenes the prohibition in paragraph (1) commits an offence.
Credits to a frozen account
8
1
The prohibitions in regulations 3 to 5 are not contravened by a relevant institution crediting a frozen account with —
a
interest or other earnings due on the account, or
b
payments due under contracts, agreements or obligations that were concluded or arose before the account became a frozen account.
2
The prohibitions in regulations 4 and 5 on making funds available do not prevent a relevant institution from crediting a frozen account where it receives funds transferred to the account.
3
A relevant institution must inform the Treasury without delay if it credits a frozen account in accordance with paragraph (1)(b) or (2).
4
In this regulation “frozen account” means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person.
Humanitarian assistance
9
The prohibitions in regulations 3 to 7 are not contravened by a person making funds or economic resources available —
a
which are necessary to ensure the timely delivery of urgently needed humanitarian assistance in Somalia by the United Nations, its specialised agencies or programmes, humanitarian organisations having observer status with the United Nations General Assembly that provide humanitarian assistance, or their implementing partners; or
b
which that person believes are necessary as set out in paragraph (a) and there is no reasonable cause for that person to suspect otherwise.
Licences
10
1
The prohibitions in regulations 3 to 7 do not apply to anything done under the authority of a licence granted by the Treasury.
2
A licence must specify the acts authorised by it and may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions;
c
of indefinite duration or subject to an expiry date.
3
The Treasury may vary or revoke a licence at any time.
4
On the grant, variation or revocation of a licence, the Treasury must —
a
in the case of a licence granted to a particular person, give written notice of the grant, variation or revocation to that person,
b
in the case of a general licence or a licence granted to a category of persons, take such steps as the Treasury consider appropriate to publicise the grant, variation or revocation of the licence.
5
A person commits an offence who, for the purpose of obtaining a licence, knowingly or recklessly —
a
provides information that is false in a material respect, or
b
provides or produces a document that is not what it purports to be.
6
A person who purports to act under the authority of a licence but who fails to comply with any conditions included in the licence commits an offence.
Circumventing prohibitions etc.
11
A person commits an offence who intentionally participates in activities knowing that the object or effect of them is (whether directly or indirectly) —
a
to circumvent any of the prohibitions in regulations 3 to 7, or
b
to enable or facilitate the contravention of any such prohibition.
Information provisions
12
The Schedule (which contains provisions concerning information gathering and disclosure) has effect.
Cooperation with UK or international investigations
13
The Treasury must take such steps as they consider appropriate to cooperate with any investigation, in the United Kingdom or elsewhere, relating to the funds, economic resources or financial transactions of a designated person.
Officers of a body corporate etc.
14
1
Where an offence under these Regulations committed by a body corporate —
a
is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or
b
is attributable to any neglect on the part of any such person,
that person as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
In paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Paragraph (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body of a reference —
a
in the case of a partnership, to a partner;
b
in the case of an unincorporated body other than a partnership —
i
where the body’s affairs are managed by its members, to a member of the body;
ii
in any other case, to a member of the governing body.
Penalties
15
1
A person guilty of an offence under regulation 3, 4, 5, 6, 7, 10 or 11 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.
2
A person guilty of an offence under paragraph 1(5) or paragraph 4(1) of the Schedule is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
Proceedings
16
1
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
2
In England and Wales an information relating to an offence that is triable by a magistrates’ court may be so tried if it is laid —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.
3
In Scotland —
a
summary proceedings for an offence may be commenced —
i
before the end of twelve months from the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to the Lord Advocate’s knowledge, and
ii
not later than three years after the commission of the offence; and
b
section 136(3) of the Criminal Procedures (Scotland) Act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.
4
In Northern Ireland summary proceedings for an offence may be instituted —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.
5
For the purposes of this regulation a certificate of the prosecutor (or, in Scotland, the Lord Advocate) as to the date on which such evidence as is referred to above came to their notice is conclusive evidence.
Consent to prosecution
17
1
Proceedings for an offence under these Regulations (other than for a summary offence) may not be instituted —
a
in England and Wales, except by or with the consent of the Attorney General,
b
in Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland.
2
Nothing in paragraph (1) prevents —
a
the arrest of a person in respect of an offence under these Regulations, or
b
the remand in custody or on bail of any person charged with such an offence.
Notices
18
1
This regulation has effect in relation to any notice to be given to a person by the Treasury under regulation 10.
2
Any such notice may be given —
a
by posting it to the person’s last known address, or
b
where the person is a body corporate, partnership or unincorporated body other than a partnership, by posting it to the registered or principal office of the body or partnership concerned.
3
Where the Treasury do not have an address for the person, they must make arrangements for the notice to be given to the person at the first available opportunity.
The Crown
19
1
These Regulations bind the Crown.
2
No contravention by the Crown of a provision of these Regulations makes the Crown criminally liable.
3
The High Court or, in Scotland, the Court of Session may, on the application of a person appearing to the court to have an interest, declare unlawful any act or omission of the Crown that constitutes a contravention of a provision of these Regulations.
4
Nothing in this regulation affects Her Majesty in her private capacity.
5
Paragraph (4) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in these Regulations.
Angela Watkinson
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
13th December 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health Protection Agency (Amendment) Regulations 2010 and shall come into force on 1st December 2010.
2
In these Regulations, “the 2005 Regulations ” means the Health Protection Agency Regulations 2005 .
Amendment of regulation 2 of the 2005 Regulations
2
In regulation 2(4) of the 2005 Regulations (appointment and tenure of office of chairman and members), for “and 6 (termination of tenure of office of chairman and non-executive members)” substitute —
, 6 (termination of tenure of office of chairman and non-executive members) and 6A (suspension of office of chairman and non-executive members)
.
Insertion of new regulations 6A and 6B into the 2005 Regulations
3
1
After regulation 6 of the 2005 Regulations (termination of tenure of office of chairman and non-executive members), insert —
Suspension of office of chairman and non-executive members
6A
1
The Secretary of State may suspend a member from office as chairman or non-executive member if it appears to the Secretary of State that there are or may be grounds to remove that person from office under regulation 6(2) or (3).
2
The Secretary of State must give notice to the chairman or non-executive member of the decision and the suspension takes effect on receipt of such notification.
3
A notice under paragraph (2) may be —
a
delivered in person, in which case the chairman or non-executive member is treated as receiving it when it is delivered; or
b
sent by first class post to the chairman’s or non-executive member’s last known address, in which case that person is treated as receiving it on the third day after the day on which it was posted.
4
The initial period of suspension must not exceed 6 months.
5
The Secretary of State may review the chairman’s or non-executive member’s suspension at any time.
6
The Secretary of State must review the chairman’s or non-executive member’s suspension if requested in writing by that person to do so, but need not carry out a review less than 3 months after the beginning of the initial period of suspension.
7
Following a review the Secretary of State may —
a
revoke the suspension; or
b
suspend the chairman or non-executive member for another period of not more than 6 months from the expiry of the current period.
8
The Secretary of State must revoke the suspension if at any time the Secretary of State decides —
a
that there are no grounds to remove the chairman or non-executive member from office under regulation 6(2) or (3); or
b
that there are such grounds but does not remove that person from office as chairman or non-executive member under these provisions.
Appointment of interim deputy chairman
6B
1
This paragraph applies where a person is suspended from office as chairman under regulation 6A.
2
The Secretary of State may direct that the appointment as deputy chairman, under paragraph 1(5) of Schedule 1 to the Act, shall cease to have effect.
3
Where a direction is made under paragraph (2), the Secretary of State may appoint another non-executive member to be deputy chairman.
4
Subject to the following provisions of this regulation, a deputy chairman appointed under paragraph (3) shall hold and vacate office in accordance with the terms of their appointment.
5
Appointment as a deputy chairman appointed under paragraph (3) shall be for a term not exceeding the shorter of —
a
the period ending with either —
i
the appointment of a new chairman, or
ii
the revocation of the existing chairman’s suspension or expiry of the existing chairman’s term as a member of the Agency; and
b
the remainder of the deputy chairman’s term as a member of the Agency.
6
When the period for which a person is appointed as deputy chairman under paragraph (3) expires and provided that the chairman remains suspended from office as chairman, the Secretary of State may re-appoint the person, or appoint another non-executive member, as deputy chairman.
7
Previous service as a chairman or deputy chairman of the Agency does not affect a person’s eligibility for appointment as deputy chairman under paragraph (3) or (6).
8
A person holding office as deputy chairman of the Agency under this regulation may resign that office by giving notice in writing to the Secretary of State.
9
A notice given under paragraph (8) shall take effect —
a
where a date is specified in the notice as that on which the resignation is to take effect, on that date; or
b
in any other case, on the date that the notice is received by the Secretary of State.
10
The Secretary of State may remove a person holding office as deputy chairman under this regulation from that office if the Secretary of State is satisfied that it would be in the best interests of the Agency for another non-executive member to be the deputy chairman.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
14th October 2010


text:
1
This Order may be cited as the Immigration (Designation of Travel Bans) (Amendment) Order 2010 and shall come into force on 20th December 2010.
2
For the Schedule to the Immigration (Designation of Travel Bans) Order 2000 substitute the Schedule set out in the Schedule to this Order.
3
The Immigration (Designation of Travel Bans) (Amendment) Order 2009 is revoked.
Damian Green
Minister of State
Home Office
22nd November 2010


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Biodiesel Duty (Biodiesel Produced From Waste Cooking Oil) (Relief) Regulations 2010.
2
They come into force on 1st April 2010 and are effective until 31st March 2012.
Interpretation
2
In these Regulations —
“approved person” has the meaning given in regulation 4 of the “the Deferment Regulations ”;
“biodiesel” has the meaning given by section 2AA of the Hydrocarbon Oil Duties Act 1979 ;
“the Biofuel Regulations ” means the Biofuels and Other Fuel Substitutes (Payment of Excise Duties Etc.) Regulations 2004 ;
“the Deferment Regulations” means the Excise Duties (Deferred Payment) Regulations 1992 ;
“duty” means any duty of excise;
“the Oil Act ” means the Hydrocarbon Oil Duties Act 1979;
“producer” has the meaning given by regulation 2(1) of the Biofuels Regulations;
“qualified claimant” means a producer of biodiesel from waste cooking oil who is an approved person, or who is liable to pay biofuels duty in accordance with regulation 18 of the Biofuels Regulations.
Construction of references to hydrocarbon oil in the Oil Act
3
1
The reference to duty on hydrocarbon oil in section 20AA (1)(a) of the Oil Act (power to allow reliefs) is to be construed as including a reference to duty under section 6AA of that Act (excise duty on biodiesel).
2
The reference to hydrocarbon oil in section 20AA (2)(f) of the Oil Act is to be construed as including a reference to biodiesel.
Relief
4
1
Relief is afforded in accordance with these Regulations if a quantity of biodiesel has been —
a
charged with duty, and
b
has been produced from waste cooking oil.
2
No relief is allowed in respect of duty that is the subject of any other application or claim for repayment, remission or drawback.
Form of relief
5
Relief shall be in the form of an allowance to be set-off against duty payable to the Commissioners by the qualified claimant.
Amount of relief
6
The amount of relief shall be calculated in accordance with the following formula —
( A − B ) x V
where —
A is the rate of duty charged on biodiesel specified in section 6AA of the Oil Act;
B is the rate of duty charged on biodiesel minus £0.20 a litre (B = A – 20); and
V is the volume, in litres, of biodiesel produced from waste cooking oil.
Set-off
7
1
If, at the time that the claim is made, the qualified claimant is an approved person, the claimant must set-off the relief in accordance with regulation 6 of the Deferment Regulations.
2
If, at the time that the claim is made, the qualified claimant is a biodiesel producer who is not an approved person, the claimant must set-off the relief against the biofuels duty that the claimant is obliged to pay under regulation 19(1A)(b) of the Biofuels Regulations.
Applications
8
1
Applications for relief that is set-off in accordance with regulation 7(1) must be made by submitting the claim for set-off governed by regulation 7(2) of the Deferment Regulations.
2
Applications for relief that is set-off in accordance with regulation 6(2) must be made on the return governed by regulation 19(1) or 19A(3) of the Biofuels Regulations that the claimant is obliged to furnish in respect of biofuels duty.
Cancellation of relief
9
1
If there is a contravention of, or failure to comply with, any condition imposed by or under regulation 10, 11 or 12, the relief allowed shall be cancelled.
2
Where any relief is cancelled, any person who is a qualified claimant in relation to the application for relief shall, on demand, be liable to repay the amount of the relief.
General conditions
10
1
Relief is allowed subject to the following conditions.
2
The qualified claimant must, on being so required by the Commissioners, furnish to their satisfaction evidence that —
a
the biodiesel that is the subject of the application for relief has been produced from waste cooking oil, and
b
the duty that is the subject of the application for relief has been charged and is not the subject of any other application or claim for repayment, remission or drawback.
3
The amount of relief applied for must not exceed the amount of relief that may be allowed by regulation 6.
Samples
11
For the purposes of regulation 10, the qualified claimant may be required to provide samples of the biodiesel in respect of which relief is claimed under these Regulations.
Conditions imposed by the Commissioners
12
Relief is allowed subject to such conditions (if any) as the Commissioners impose on a qualified claimant.
Steve Lamey
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue & Customs
24th March 2010


text:
Citation, commencement and application
1
1
This Order may be cited as the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2010 and shall come into force on 6th April 2010.
2
This Order applies in relation to England only.
Amendment of the Town and Country Planning (General Permitted Development) Order 1995
2
1
The Town and Country Planning (General Permitted Development) Order 1995 is amended as follows.
2
For articles 4, 5 and 6 substitute —
Directions restricting permitted development
4
1
If the Secretary of State or the local planning authority is satisfied that it is expedient that development described in any Part, Class or paragraph in Schedule 2, other than Class B of Part 22 or Class B of Part 23, should not be carried out unless permission is granted for it on an application, the Secretary of State or (as the case may be) the local planning authority, may make a direction under this paragraph that the permission granted by article 3 shall not apply to —
a
all or any development of the Part, Class or paragraph in question in an area specified in the direction; or
b
any particular development, falling within that Part, Class or paragraph, which is specified in the direction,
and the direction shall specify that it is made under this paragraph.
2
A direction under paragraph (1) shall not affect the carrying out of —
a
development permitted by Part 11 authorised by an Act passed after 1st July 1948 or by an order requiring the approval of both Houses of Parliament approved after that date;
b
development permitted by Class B of Part 13;
c
development mentioned in Part 24, unless the direction specifically so provides;
d
development in an emergency other than development permitted by Part 37;
e
development permitted by Part 37 or 38.
3
A direction made or having effect as if made under this article shall not, unless the direction so provides, affect the carrying out by a statutory undertaker of the following descriptions of development —
a
the maintenance of bridges, buildings and railway stations;
b
the alteration and maintenance of railway track, and the provision and maintenance of track equipment, including signal boxes, signalling apparatus and other appliances and works required in connection with the movement of traffic by rail;
c
the maintenance of docks, harbours, quays, wharves, canals and towing paths;
d
the provision and maintenance of mechanical apparatus or appliances (including signalling equipment) required for the purposes of shipping or in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a dock, quay, harbour, bank, wharf or basin;
e
any development required in connection with the improvement, maintenance or repair of watercourses or drainage works;
f
the maintenance of buildings, runways, taxiways or aprons at an aerodrome; or
g
the provision, alteration and maintenance of equipment, apparatus and works at an aerodrome, required in connection with the movement of traffic by air (other than buildings, the construction, erection, reconstruction or alteration of which is permitted by Class A of Part 18).
4
In this article and in articles 5 and 6 “local planning authority” means the local planning authority whose function it would be to determine an application for planning permission for the development to which the direction relates or is proposed to relate.
Procedure for article 4(1) directions
5
1
Subject to article 6, notice of any direction made under article 4(1) shall, as soon as practicable after the direction has been made, be given by the local planning authority —
a
by local advertisement;
b
by site display at no fewer than two locations within the area to which the direction relates, or, if the direction is made under article 4(1)(b), on the site of the particular development to which the direction relates, for a period of not less than six weeks; and
c
subject to paragraph (2), by serving the notice on the owner and occupier of every part of the land within the area or site to which the direction relates.
2
In a case where this paragraph applies, the local planning authority need not serve notice on an owner or occupier in accordance with paragraph (1)(c), if they consider that —
a
individual service on that owner or occupier is impracticable because it is difficult to identify or locate that person or
b
the number of owners or occupiers within the area to which the direction relates makes individual service impracticable.
3
Paragraph (2) shall not apply where the owner or occupier is a statutory undertaker or the Crown.
4
The notice referred to in paragraph (1) shall —
a
include a description of the development and the area to which the direction relates, or the site to which it relates, as the case may be, and a statement of the effect of the direction;
b
specify that the direction is made under article 4(1) of this Order;
c
name a place where a copy of the direction, and a copy of a map defining the area to which it relates, or the site to which it relates, as the case may be, may be seen at all reasonable hours;
d
specify a period of at least 21 days, stating the date on which that period begins, within which any representations concerning the direction may be made to the local planning authority; and
e
specify the date on which it is proposed that the direction will come into force, which must be at least 28 days but no longer than two years after the date referred to in sub-paragraph (d).
5
Where a notice given by site display is, without any fault or intention of the local planning authority, removed, obscured or defaced before the period referred to in paragraph (4)(d) has elapsed, the authority shall be treated as having complied with the requirements of that paragraph if they have taken reasonable steps for the protection of the notice, including, if need be, its replacement.
6
The local planning authority shall send a copy of the direction and the notice under paragraph (1), including a copy of a map defining the area to which it relates, or the site to which it relates, as the case may be, to the Secretary of State on the same day that notice of the direction is first published or displayed in accordance with paragraph (1).
7
The direction shall come into force in respect of any part of the land within the area to which it relates on the date specified in accordance with paragraph (4)(e) but shall not come into force unless confirmed by the local planning authority in accordance with paragraphs (9) and (10).
8
On making a direction under article 4(1) —
a
a county planning authority shall give notice of it to any district planning authority in whose district the area or part of the area to which the direction relates is situated; and
b
except in metropolitan districts, a district planning authority shall give notice of it to the county planning authority, if any.
9
In deciding whether to confirm a direction made under article 4(1), the local planning authority shall take into account any representations received during the period specified in accordance with paragraph (4)(d).
10
The local planning authority shall not confirm a direction until after the expiration of —
a
a period of at least 28 days following the latest date on which any notice relating to the direction was served or published; or
b
such longer period as may be specified by the Secretary of State following the notification by the local planning authority to the Secretary of State of the direction.
11
The local planning authority shall, as soon as practicable after a direction has been confirmed —
a
give notice of such confirmation and the date on which the direction will come into force; and
b
send a copy of the direction as confirmed to the Secretary of State.
12
Notice under paragraph (11)(a) shall be given in the manner described in paragraphs (1) and (4)(a) to (c); and paragraphs (2) and (3) shall apply for this purpose as they apply for the purpose of paragraph (1)(c).
13
A local planning authority may, by making a subsequent direction, cancel any direction made by them under article 4(1); and the Secretary of State may, subject to paragraphs (3) and (4) of article 6, make a direction cancelling or modifying any direction under article 4(1) made by a local planning authority at any time before or after its confirmation.
14
Paragraphs (1) to (12) shall apply in relation to any direction made under paragraph (13) by a local planning authority unless the direction it is cancelling is a direction to which article 6 applied.
15
Paragraphs (2) to (10) of article 6 shall apply in relation to any direction made by a local planning authority under paragraph (13) cancelling a direction to which article 6 applied.
16
The Secretary of State shall notify the local planning authority as soon as practicable after making a direction under paragraph (13).
17
Paragraphs (1) to (3) and (4)(a) to (c) shall apply to any direction made under paragraph (13) by the Secretary of State.
18
A direction made under paragraph (13) by the Secretary of State shall come into force in respect of any part of the land within the area to which it relates —
a
on the date on which the notice is served in accordance with paragraph (1)(c) on the occupier of that part of the land or, if there is no occupier, on the owner; or
b
if paragraph (2) applies, on the date on which the notice is first published or displayed in accordance with paragraph (1).
Directions with immediate effect
6
1
This article applies where —
a
a direction relating only to development permitted by any of Parts 1 to 4, or Part 31, of Schedule 2 has been made by the local planning authority under article 4(1) and the authority consider that the development to which the direction relates would be prejudicial to the proper planning of their area or constitute a threat to the amenities of their area; or
b
a direction within the whole or part of any conservation area has been made by the local planning authority under article 4(1) which the authority consider should have immediate effect and the development to which the direction relates is described in sub-paragraphs (a) to (j) of paragraph (3).
2
Subject to paragraphs (3), (4) and (5) of this article, paragraphs (1) to (3), (4)(a) to (d), (5), and (8) to (10) of article 5 shall apply, in relation to a direction to which this article applies; and the planning authority shall notify the Secretary of State of the direction on the same day that notice is given under paragraph (1) of article 5.
3
The Secretary of State may not make a direction under paragraph (13) of article 5 within the whole or part of any conservation area where the development to which the direction relates is described in —
a
Class A of Part 1 of Schedule 2, consisting of the enlargement, improvement or other alteration of a dwellinghouse, where any part of the enlargement, improvement or alteration would front a relevant location;
b
Class C of Part 1 of that Schedule, where the alteration would be to a roof slope which fronts a relevant location;
c
Class D of Part 1 of that Schedule, where the external door in question fronts a relevant location;
d
Class E of Part 1 of that Schedule, where the building or enclosure, swimming or other pool to be provided would front a relevant location, or where the part of the building or enclosure maintained, improved or altered would front a relevant location;
e
Class F of Part 1 of that Schedule, where the hard surface would front a relevant location;
f
Class H of Part 1 of that Schedule, where the part of the building or other structure on which the antenna is to be installed, altered or replaced fronts a relevant location;
g
Class A of Part 2 of that Schedule, where the gate, fence, wall or other means of enclosure would be within the curtilage of a dwellinghouse and would front a relevant location;
h
Class G of Part 1 of that Schedule, consisting of the installation, alteration or replacement of a chimney on a dwellinghouse;
i
Class C of Part 2 of the Schedule, consisting of the painting of the exterior of any part of —
i
a dwellinghouse; or
ii
any building or enclosure within the curtilage of a dwellinghouse,
which fronts a relevant location;
j
Class B of Part 31 of that Schedule, where the gate, fence, wall or other means of enclosure is within the curtilage of a dwellinghouse and fronts a relevant location.
4
The Secretary of State may not modify a direction to which this article applies or a direction which relates to —
a
a listed building;
b
a building which is notified to the authority by the Secretary of State as a building of architectural or historic interest; or
c
development within the curtilage of a listed building,
and does not relate to land of any other description.
5
Paragraph (11)(b) of article 5 shall not apply in relation to a direction to which paragraph (3) of this article applies or to a direction which relates to —
a
a listed building;
b
a building which is notified to the authority by the Secretary of State as a building of architectural or historic interest; or
c
development within the curtilage of a listed building,
and does not relate to land of any other description.
6
The direction shall come into force in respect of any part of the land within the area to which it relates —
a
on the date on which the notice is served in accordance with paragraph (1)(c) of article 5 on the occupier of that part of the land or, if there is no occupier, on the owner; or
b
if paragraph (2) of article 5 applies, on the date on which the notice is first published or displayed in accordance with paragraph (1) of article 5.
7
A direction to which this article applies shall expire at the end of the period of six months beginning with the date on which it comes into force unless confirmed by the local planning authority in accordance with paragraphs (9) and (10) of article 5 before the end of the six month period.
8
The local planning authority shall, as soon as practicable after a direction has been confirmed —
a
give notice of its confirmation; and
b
send a copy of the direction as confirmed to the Secretary of State.
9
Notice under paragraph (8)(a) shall be given in the manner described in paragraphs (1) and (4)(a) to (c) of article 5; and paragraphs (2) and (3) of that article shall apply for this purpose as they apply for the purpose of paragraph (1)(c) of article 5.
10
In this article “relevant location” means a highway, waterway or open space.
3
In Part 3 of Schedule 2, after Class H insert —
Class I
Permitted development
I
Development consisting of a change of use of a building to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order from a use falling within Class C4 (houses in multiple occupation) of that Schedule.
4
For Part 8 of Schedule 2 substitute —
PART 8
INDUSTRIAL AND WAREHOUSE DEVELOPMENT
Class A
Permitted development
A
The erection, extension or alteration of an industrial building or a warehouse.
Development not permitted
A.1
Development is not permitted by Class A if —
a
the height of any part of the new building erected would exceed —
i
if within ten metres of a boundary of the curtilage of the premises, five metres;
ii
in all other cases, the height of the highest building within the curtilage of the premises or 15 metres, whichever is lower;
b
the height of the building as extended or altered would exceed —
i
if within ten metres of a boundary of the curtilage of the premises, five metres;
ii
in all other cases, the height of the building being extended or altered;
c
any part of the development would be within five metres of any boundary of the curtilage of the premises;
d
the gross floor space of any new building erected would exceed 100 square metres;
e
the gross floor space of the original building would be exceeded by more than —
i
10% in respect of development on any article 1(5) land or 25% in any other case; or
ii
500 square metres in respect of development on any article 1(5) land or 1,000 square metres in any other case;
whichever is the lesser;
f
the development would lead to a reduction in the space available for the parking or turning of vehicles; or
g
the development would be within the curtilage of a listed building.
Conditions
A.2
Development is permitted by Class A subject to the following conditions —
a
the development must be within the curtilage of an existing industrial building or warehouse;
b
any building as erected, extended or altered shall only be used —
i
in the case of an industrial building, for the carrying out of an industrial process for the purposes of the undertaking, for research and development of products or processes, or the provision of employee facilities ancillary to the undertaking;
ii
in the case of a warehouse, for storage or distribution for the purposes of the undertaking or the provision of employee facilities ancillary to the undertaking;
c
no building as erected, extended or altered shall be used to provide employee facilities —
i
between 7.00 pm and 6.30 am, for employees other than those present at the premises of the undertaking for the purpose of their employment, or
ii
at all, if a notifiable quantity of a hazardous substance is present at the premises of the undertaking;
d
any new building erected shall, in the case of article 1(5) land, be constructed using materials which have a similar external appearance to those used for the existing industrial building or warehouse; and
e
any extension or alteration shall, in the case of article 1(5) land, be constructed using materials which have a similar external appearance to those used for the building being extended or altered.
Interpretation of Class A
A.3
For the purposes of Class A —
a
where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement;
b
“original building” does not include any building erected at any time under Class A;
c
“employee facilities” means social, care or recreational facilities provided for employees of the undertaking, including crèche facilities provided for the children of such employees;
d
“industrial building” means a building used for the carrying out of an industrial process and includes a building used for the carrying out of such a process on land used as a dock, harbour or quay for the purposes of an industrial undertaking and land used for research and development of products or processes, but does not include a building on land in or adjacent to and occupied together with a mine; and
e
“warehouse” means a building used for any purpose within Class B8 (storage or distribution) of the Schedule to the Use Classes Order but does not include a building on land in or adjacent to and occupied together with a mine.
Class B
Permitted development
B
Development carried out on industrial land for the purposes of an industrial process consisting of —
a
the installation of additional or replacement plant or machinery,
b
the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus, or
c
the provision, rearrangement or replacement of a private way, private railway, siding or conveyor.
Development not permitted
B.1
Development described in Class B(a) is not permitted if —
a
it would materially affect the external appearance of the premises of the undertaking concerned; or
b
any plant or machinery would exceed a height of 15 metres above ground level or the height of anything replaced, whichever is the greater.
Interpretation of Class B
B.2
In Class B, “industrial land” means land used for the carrying out of an industrial process, including land used for the purposes of an industrial undertaking as a dock, harbour or quay but does not include land in or adjacent to and occupied together with a mine.
Class C
Permitted development
C
Development consisting of —
a
the provision of a hard surface within the curtilage of an industrial building or warehouse to be used for the purpose of the undertaking concerned; or
b
the replacement in whole or in part of such a surface.
Development not permitted
C.1
Development is not permitted by Class C if the development would be within the curtilage of a listed building.
Conditions
C.2
Development is permitted by Class C subject to the following conditions —
a
where there is a risk of groundwater contamination the hard surface shall not be made of porous materials;
b
in all other cases, either —
i
the hard surface shall be made of porous materials, or
ii
provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the industrial building or warehouse.
Interpretation of Class C
C.3
In Class C —
“industrial building” means a building used for the carrying out of an industrial process and includes a building used for the carrying out of such a process on land used as a dock, harbour or quay for the purposes of an industrial undertaking and land used for research and development of products or processes, but does not include a building on land in or adjacent to and occupied together with a mine; and
“warehouse” means a building used for any purpose within Class B8 (storage or distribution) of the Schedule to the Use Classes Order but does not include a building on land in or adjacent to and occupied together with a mine.
Class D
Permitted development
D
The deposit of waste material resulting from an industrial process on any land comprised in a site which was used for that purpose on 1st July 1948 whether or not the superficial area or the height of the deposit is extended as a result.
Development not permitted
D.1
Development is not permitted by Class D if —
a
the waste material is or includes material resulting from the winning and working of minerals; or
b
the use on 1st July 1948 was for the deposit of material resulting from the winning and working of minerals.
5
For Part 32 of Schedule 2 substitute —
PART 32
SCHOOLS, COLLEGES, UNIVERSITIES AND HOSPITALS
Class A
Permitted development
A
The erection, extension or alteration of a school, college, university or hospital building.
Development not permitted
A.1
Development is not permitted by Class A —
a
if the cumulative gross floor space of any buildings erected, extended or altered would exceed —
i
25% of the gross floor space of the original school, college, university or hospital buildings; or
ii
100 square metres,
whichever is the lesser;
b
if any part of the development would be within five metres of a boundary of the curtilage of the premises;
c
if, as a result of the development, any land used as a playing field at any time in the five years before the development commenced and remaining in this use could no longer be so used;
d
if the height of any new building erected would exceed five metres;
e
if the height of the building as extended or altered would exceed —
i
if within ten metres of a boundary of the curtilage of the premises, five metres; or
ii
in all other cases, the height of the building being extended or altered;
f
if the development would be within the curtilage of a listed building; or
g
unless —
i
in the case of school, college or university buildings, the predominant use of the existing buildings on the premises is for the provision of education;
ii
in the case of hospital buildings, the predominant use of the existing buildings on the premises is for the provision of any medical or health services.
Conditions
A.2
Development is permitted by Class A subject to the following conditions —
a
the development must be within the curtilage of an existing school, college, university or hospital;
b
the development shall only be used as part of, or for a purpose incidental to, the use of that school, college, university or hospital;
c
any new building erected shall, in the case of article 1(5) land, be constructed using materials which have a similar external appearance to those used for the original school, college, university or hospital buildings; and
d
any extension or alteration shall, in the case of article 1(5) land, be constructed using materials which have a similar external appearance to those used for the building being extended or altered.
Interpretation
A.3
For the purposes of Class A —
a
where two or more original buildings are within the same curtilage and are used for the same institution, they are to be treated as a single original building in making any measurement; and
b
“original school, college, university or hospital building” means any original building which is a school, college, university or hospital building, as the case may be, other than any building erected at any time under Class A.
Class B
Permitted development
B
Development consisting of —
a
the provision of a hard surface within the curtilage of any school, college, university or hospital to be used for the purposes of that school, college, university or hospital; or
b
the replacement in whole or in part of such a surface.
Development not permitted
B.1
Development is not permitted by Class B if —
a
the cumulative area of ground covered by a hard surface within the curtilage of the site (other than hard surfaces already existing on 6th April 2010) would exceed 50 square metres;
b
as a result of the development, any land used as a playing field at any time in the five years before the development commenced and remaining in this use could no longer be so used; or
c
the development would be within the curtilage of a listed building.
Conditions
B.2
Development is permitted by Class B subject to the following conditions —
a
where there is a risk of groundwater contamination the hard surface shall not be made of porous materials;
b
in all other cases, either —
i
the hard surface shall be made of porous materials, or
ii
provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the institution.
6
In Schedule 2, after Part 40 insert —
PART 41
OFFICE BUILDINGS
Class A
Permitted development
A
The extension or alteration of an office building.
Development not permitted
A.1
Development is not permitted by Class A if —
a
the gross floor space of the original building would be exceeded by more than —
i
25%; or
ii
50 square metres,
whichever is the lesser;
b
the height of the building as extended would exceed —
i
if within ten metres of a boundary of the curtilage of the premises, five metres; or
ii
in all other cases, the height of the building being extended;
c
any part of the development, other than an alteration, would be within five metres of any boundary of the curtilage of the premises;
d
any alteration would be on article 1(5) land; or
e
the development would be within the curtilage of a listed building.
Conditions
A.2
Development is permitted by Class A subject to the following conditions —
a
any office building as extended or altered shall only be used as part of, or for a purpose incidental to, the use of that office building;
b
any extension shall, in the case of article 1(5) land, be constructed using materials which have a similar external appearance to those used for the building being extended; and
c
any alteration shall be at ground floor level only.
Interpretation of Class A
A.3
For the purposes of Class A —
a
where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement; and
b
“office building” means a building used for any purpose within Class B1(a) of the Schedule to the Use Classes Order.
Class B
Permitted development
B
Development consisting of —
a
the provision of a hard surface within the curtilage of an office building to be used for the purpose of the office concerned; or
b
the replacement in whole or in part of such a surface.
Development not permitted
B.1
Development is not permitted by Class B if —
a
the cumulative area of ground covered by a hard surface within the curtilage (excluding hard surfaces already existing on 6th April 2010) would exceed 50 square metres; or
b
the development would be within the curtilage of a listed building.
Conditions
B.2
Development is permitted by Class B subject to the following conditions —
a
where there is a risk of groundwater contamination, the hard surface shall not be made of porous materials;
b
in all other cases, either —
i
the hard surface shall be made of porous materials, or
ii
provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the office building.
Interpretation of Class B
B.3
For the purposes of Class B “office building” means a building used for any purpose within Class B1(a) of the Schedule to the Use Classes Order.
PART 42
SHOPS OR CATERING, FINANCIAL OR PROFESSIONAL SERVICES ESTABLISHMENTS
Class A
Permitted development
A
The extension or alteration of a shop or financial or professional services establishment.
Development not permitted
A.1
Development is not permitted by Class A if —
a
the gross floor space of the original building would be exceeded by more than —
i
25%; or
ii
50 square metres;
whichever is the lesser.
b
the height of the building as extended would exceed four metres;
c
any part of the development, other than an alteration, would be within two metres of any boundary of the curtilage of the premises;
d
the development would be within the curtilage of a listed building;
e
any alteration would be on article 1(5) land;
f
the development would consist of or include the construction or provision of a veranda, balcony or raised platform;
g
any part of the development would extend beyond an existing shop front;
h
the development would involve the insertion or creation of a new shop front or the alteration or replacement of an existing shop front; or
i
the development would involve the installation or replacement of a security grill or shutter on a shop front.
Conditions
A.2
Development is permitted by Class A subject to the following conditions —
a
any alteration shall be at ground floor level only;
b
any extension shall, in the case of article 1(5) land, be constructed using materials which have a similar external appearance to those used for the building being extended; and
c
any extension or alteration shall only be used as part of, or for a purpose incidental to, the use of the shop or financial or professional services establishment.
Interpretation of Class A
A.3
For the purposes of Class A —
a
where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement;
b
“raised platform” means a platform with a height greater than 300 millimetres; and
c
“shop or financial or professional services establishment” means a building, or part of a building, used for any purpose within Classes A1 or A2 of the Schedule to the Use Classes Order and includes buildings with other uses in other parts as long as the other uses are not within the parts being altered or extended.
Class B
Permitted development
B
The erection or construction of a trolley store within the curtilage of a shop.
Development not permitted
B.1
Development is not permitted by Class B if —
a
the gross floor space of the building or enclosure erected would exceed 20 square metres;
b
any part of the building or enclosure erected would be —
i
within 20 metres of any boundary of the curtilage of; or
ii
above or below, any building used for any purpose within Part C of the Schedule to the Use Classes Order or as a hostel;
c
the height of the building or enclosure would exceed 2.5 metres;
d
the development would be within the curtilage of a listed building; or
e
the development would be between a shop front and a highway where the distance between the shop front and the boundary of the curtilage of the premises is less than five metres.
Condition
B.2
Development is permitted by Class B subject to the condition that the building or enclosure is only used for the storage of shopping trolleys.
Interpretation of Class B
B.3
For the purposes of Class B —
“shop” means a building used for any purpose within Class A1 of the Schedule to the Use Classes Order; and
“trolley store” means a building or enclosure designed to be used for the storage of shopping trolleys.
Class C
Permitted development
C
Development consisting of —
a
the provision of a hard surface within the curtilage of a shop or catering, financial or professional services establishment; or
b
the replacement in whole or in part of such a surface.
Development not permitted
C.1
Development is not permitted by Class C if —
a
the cumulative area of ground covered by a hard surface within the curtilage of the premises (other than hard surfaces already existing on 6th April 2010) would exceed 50 square metres; or
b
the development would be within the curtilage of a listed building.
Conditions
C.2
Development is permitted by Class C subject to the following conditions —
a
where there is a risk of groundwater contamination, the hard surface shall not be made of porous materials;
b
in all other cases, either —
i
the hard surface shall be made of porous materials, or
ii
provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the undertaking.
Interpretation of Class C
C.3
For the purposes of Class C “shop or catering, financial or professional services establishment” means a building used for any purpose within Classes A1 to A5 of the Schedule to the Use Classes Order.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
8th March 2010


text:
Citation, commencement and effect
1
1
This Order may be cited as the Value Added Tax (Section 55A) (Specified Goods and Services and Excepted Supplies) Order 2010.
2
This Order shall come into force on 1st November 2010 and has effect in relation to supplies made on or after that date.
Revocation
2
The Value Added Tax (Section 55A) (Specified Goods and Excepted Supplies) Order 2007 is revoked.
Interpretation
3
In this Order —
“ the Act ” means the Value Added Tax Act 1994;
“allowance” has the meaning given in Article 3 of the Directive;
“certified emission reduction” has the meaning given in Article 3 of the Directive;
“the Directive” means Directive 2003/87/ EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC ;
“emission reduction unit” has the meaning given in Article 3 of the Directive;
“operator” has the meaning given in Article 3 of the Directive;
“public electronic communications service” has the meaning given in section 151 of the Communications Act 2003.
The application of section 55A of the Act to specified goods and services
4
The goods and services specified in articles 5 and 6 are goods and services to which section 55A of the Act (customers to account for tax on supplies of goods or services of a kind used in missing trader intra-community fraud) applies.
Specified goods
5
The goods referred to in article 4 are —
a
a mobile telephone, whether or not it has any function in addition to the transmitting and receiving of spoken messages;
b
an integrated circuit device, such as a central processing unit and microprocessor unit, in a state prior to integration into an end user product.
Specified services
6
The services referred to in article 4 are —
a
a transfer of an allowance;
b
a transfer of an emission reduction unit which can be used by an operator for compliance with the scheme established by the Directive;
c
a transfer of a certified emission reduction which can be used by an operator for compliance with the scheme established by the Directive.
Excepted supplies
7
For the purposes of section 55A of the Act a supply of a description specified below is an excepted supply —
a
a supply of specified goods where the value of the supply is less than £5000;
b
a supply of specified goods where the supply is of a description specified in an order made under section 50A of the Act (margin schemes) and, in accordance with such an order, the supplier opts to account for the VAT chargeable on the supply on the profit margin on the supply instead of by reference to its value;
c
a supply of a mobile telephone where, at the time a person enters into the agreement to purchase the telephone —
i
he enters into an agreement (including the renewal or extension of an existing agreement) with a provider of a public electronic communications service for the supply, in relation to that telephone, of such a service, and
ii
that agreement is not one that requires periodical pre-payments in order to use the service (“Pay as You Go”);
d
a transfer or disposal of specified goods for no consideration that is treated as a supply of goods by virtue of paragraph 5(1) of Schedule 4 to the Act.
8
Article 7(a) does not apply to a supply of specified goods where —
a
the supply is particularised on the same VAT invoice as a supply, or supplies, of other specified goods, and
b
the total value of the supplies equals or exceeds £5000.
Michael Fabricant
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
13th September 2010


text:
Citation and commencement
1
This Order may be cited as the Inspectors of Education, Children’s Services and Skills (No. 3) Order 2010 and comes into force on 10th June 2010.
Appointment of Her Majesty’s Inspectors of Education, Children’s Services and Skills
2
The persons named in the Schedule to this Order are appointed Her Majesty’s Inspectors of Education, Children’s Services and Skills.
Judith Simpson
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Mexico) Order 2010.
Double taxation and international tax enforcement arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Protocol set out in the Schedule to this Order, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Mexico) Order 1994 , have been made with the Government of the United Mexican States;
b
the arrangements have been made with a view to affording relief from double taxation in relation to income tax, corporation tax, capital gains tax and taxes of a similar character imposed by the laws of the United Mexican States and for the purpose of assisting international tax enforcement; and
c
it is expedient that those arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Title and commencement
1
These Regulations may be cited as the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) (No.2) Regulations 2010 and come into force on 8th April 2010.
Amendment of the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2010
2
The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2010 are amended in accordance with regulation 3.
3
In Schedule 2 (Schedules added immediately after Schedule 8 to the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007) in the inserted Schedule 9 —
a
in the entry for Ammonium —
i
in the column headed “Concentration or value”, for “200” there is substituted “0,50”, and
ii
in the column headed “Unit”, for “µg/l” there is substituted “mg/l”; and
b
in Notes 2, 3 and 4, the word “parameter” is omitted in each place where it appears.
Signed by authority of the Secretary of State for Health
Gillian Merron
Minister of State,
Department of Health
22nd March 2010


text:
Citation, commencement and effect
1
1
This Order may be cited as the Taxation (International and Other Provisions) Act 2010 (Amendment) Order 2010 and comes into force on 1st January 2011.
2
The amendments made by this Order shall be deemed to have come into force on 1st April 2010 and have effect —
a
for corporation tax purposes, for accounting periods ending on or after 1st April 2010, and
b
for income tax and capital gains tax purposes, for the tax year 2010-11 and subsequent tax years.
Amendment of the Taxation of Chargeable Gains Act 1992
2
In section 151T of the Taxation of Chargeable Gains Act 1992 (investment bond arrangements are qualifying corporate bonds) after subsection (6) insert —
7
Expressions used in this section have the same meaning as in section 151N.
.
Amendment of the Income Tax (Trading and Other Income) Act 2005
3
In section 832A(6) of the Income Tax (Trading and Other Income) Act 2005 (meaning of “double taxation relief arrangements”) for the words from “specified” to the end substitute “which have effect under section 2(1) of TIOPA 2010.”.
Amendment of the Taxation (International and Other Provisions) Act 2010
4
1
The Taxation (International and Other Provisions) Act 2010 is amended as follows.
2
In section 59(6)(b) (profits previously treated as relevant profits) for “section 58” substitute “section 58 or 61 of this Act”.
3
In section 62(5)(b) (profits previously treated as relevant profits) for “section 61” substitute “section 58 or 61 of this Act”.
4
For section 210(6) (meaning of “the Commissioners”) substitute —
6
In this section —
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs, and
“transfer-pricing determination” has the meaning given by section 208(2).
.
Brooks Newmark
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
6th December 2010


text:
Title and commencement
1
These Regulations may be cited as the Justification Decision (Generation of Electricity by the EPR Nuclear Reactor) Regulations 2010 and come into force on the day after the day on which they are made.
Interpretation
2
In these Regulations —
“the 1996 Directive ” means Council Directive 96/29/Euratom laying down basic safety standards for the protection of health of workers and the general public against the dangers arising from ionising radiation ;
“the EPR practice ” means the class or type of practice which is the generation of electricity from nuclear energy using oxide fuel of low enrichment in fissile content in a light water cooled, light water moderated thermal reactor known as EPR designed by Areva NP, and where the specification of that reactor matches that set out in Annex 6C to the document “Consultation on the Nuclear Industry Association’s Application to Justify New Nuclear Power Stations - Volume 3: Appendix B: Annexes to the Application” published in December 2008 by the Department of Energy and Climate Change, URN 08/1507;
“class or type or practice” bears the same meaning as it bears under Article 6(1) of the 1996 Directive;
“justified” in relation to a class or type of practice means justified by its economic, social or other benefits in relation to the health detriment it may cause;
“spent fuel” means nuclear fuel that has been irradiated in and permanently removed from a reactor core.
Justification decision
3
For the purposes of Article 6(1) of the 1996 Directive, subject to regulation 4, the following are justified —
a
the EPR practice; and
b
any class or type of practice which is —
i
a development of the EPR practice; and
ii
so similar to the EPR practice that the balance of benefits and detriments from that class or type of practice does not materially differ from the balance of benefits and detriments from the EPR practice .
Mixed oxide fuel and reprocessing
4
The justification decision in regulation 3 does not extend to —
a
the use of mixed oxide fuel in; or
b
the reprocessing of spent fuel which arises from,
a class or type of practice justified under that regulation.
Charles Hendry
Minister of State
Department of Energy and Climate Change
29th November 2010