text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Additional Statutory Paternity Pay (National Health Service Employees) Regulations 2010 and come into force on 6th April 2010.
2
In these Regulations —
“the 2006 Act ” means the National Health Service Act 2006 ;
“the 2006 (Wales) Act ” means the National Health Service (Wales) Act 2006 ;
“ the Act ” means the Social Security Contributions and Benefits Act 1992;
“additional statutory paternity pay” means additional statutory paternity pay payable in accordance with the provisions of Part 12ZA of the Act where the conditions specified in section 171ZEA(2) or 171ZEB(2) are satisfied;
“additional statutory paternity pay period” means the period, determined in accordance with section 171ZEE of the Act and with regulations made under that section, as the period in respect of which additional statutory paternity pay is payable;
“Local Health Board” means a Local Health Board established under section 11 of the 2006 (Wales) Act;
“Primary Care Trust” means a Primary Care Trust continuing in existence or established under section 18 of the 2006 Act;
“Special Health Authority” means, in relation to England, a Special Health Authority established under section 28 of the 2006 Act and, in relation to Wales, a Special Health Authority established under section 22 of the 2006 (Wales) Act; and
“Strategic Health Authority” means a Strategic Health Authority continuing in existence or established under section 13 of the 2006 Act.
3
References in these Regulations to Part 12ZA of the Act are references to sections 171ZEA to 171ZEE and, in so far as they concern additional statutory paternity pay, to sections 171ZF to 171ZJ of the Act.
Treatment of more than one contract of employment as one contract
2
Where —
a
in consequence of the establishment of one or more National Health Service trusts under section 25 of the 2006 Act or section 18 of the 2006 (Wales) Act, a person’s contract of employment is treated by a scheme under paragraph 8 of Schedule 4 to the 2006 Act or paragraph 8 of Schedule 3 to the 2006 (Wales) Act as divided so as to constitute two or more contracts, or
b
an order under paragraph 26(1) of Schedule 3 to the 2006 Act provides that a person’s contract is so divided,
that person may elect for all those contracts to be treated as one contract for the purposes of Part 12ZA of the Act.
Notification of election
3
A person who makes an election under regulation 2 above shall give written notification of that election to each of their employers under the two or more contracts of employment mentioned in that regulation at least 28 days before the beginning of the additional statutory paternity pay period or, if in the particular circumstances that is not practicable, as soon as is reasonably practicable.
Provision of information
4
A person who makes an election under regulation 2 above shall, within 28 days of giving notification of that election or, if in the particular circumstances that is not practicable, as soon as is reasonably practicable thereafter, provide each of their employers under the two or more contracts of employment mentioned in that regulation with the following information —
a
the name and address of each of those employers;
b
the date their employment with each of those employers commenced; and
c
details of their normal weekly earnings during the relevant period from each employer, and for this purpose the expressions “normal weekly earnings” and “relevant period” have the same meanings as they have for the purposes of Part 12ZA of the Act .
Treatment of two or more employers as one
5
The employer to be regarded for the purposes of additional statutory paternity pay as the employer under the one contract where two or more contracts of employment are treated as one in accordance with regulation 2 shall be —
a
in the case of a person whose contract of employment is treated by a scheme under paragraph 8 of Schedule 4 to the 2006 Act or paragraph 8 of Schedule 3 to the 2006 (Wales) Act as divided —
i
the Special Health Authority, Primary Care Trust or Local Health Board from which the person was transferred, in a case where any one of the contracts is with such a body; or
ii
the first NHS trust to which a contract was transferred in a case where none of the contracts is with such a body; or
b
in the case of a person whose contract of employment is divided as provided by an order under paragraph 26(1) of Schedule 3 to the 2006 Act —
i
the Strategic Health Authority, NHS trust or Primary Care Trust from which the person was transferred, in a case where any one of the contracts is with such a body; or
ii
the first Primary Care Trust to which a contract was transferred in a case where none of the contracts is with the body from which the person was transferred.
Time for which an election is to have effect
6
An election made under regulation 2 shall lapse at the end of the additional statutory paternity pay period.
Pat McFadden
Minister of State for Business, Innovation and Skills
Department for Business, Innovation and Skills
28th January 2010
The Commissioners for her Majesty's Revenue and Customs concur.
Melanie Dawes
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
28th January 2010


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Charities (Exception from Registration) Regulations 2010 and come into force on 1st June 2010.
2
In these Regulations, “the 1993 Act ” means the Charities Act 1993.
Exception from registration for particular institutions ceasing to be exempt charities
2
1
Subject to the financial limit specified in section 3A(2)(c) of the 1993 Act, the institutions specified in paragraph (2) are, in so far as they are charities, excepted from the duty to be registered under section 3A(1) of that Act.
2
The specified institutions are —
a
the Church Commissioners;
b
the representative body of the Welsh church or property administered by it;
c
Eton College;
d
Winchester College; and
e
the Board of Governors of the Museum of London.
Exception from registration for institutions of a particular description ceasing to be exempt charities
3
1
Subject to the financial limit specified in section 3A(2)(c) of the 1993 Act, any institution to which paragraph (2) applies is, in so far as it is a charity, excepted from the duty to be registered under section 3A(1) of that Act.
2
This paragraph applies to any institution which —
a
is a college in the university of Oxford;
b
is a college or hall in the university of Cambridge or Durham;
c
was an exempt charity by virtue of an Order in Council made under paragraph (c) of Schedule 2 to the 1993 Act but ceased to be so when that Order was amended or revoked by the Charities Act 2006 (Changes in Exempt Charities) Order 2010 ;
d
is a Welsh higher education corporation;
e
is a successor company to a higher education corporation (within the meaning of subsection (5) of section 129 of the Education Reform Act 1988 ) at a time when the institution conducted by the company is eligible, by virtue of an order made under that section, to receive support from funds administered by the Higher Education Funding Council for Wales;
f
is a students’ union falling within paragraph (3);
g
is administered by the Church Commissioners; or
h
is an institution falling within paragraph (4).
3
A students’ union falls within this paragraph if it —
a
is administered by or on behalf of an institution —
i
included in any of paragraphs (a) to (v) of Schedule 2 to the 1993 Act ; or
ii
to which sub-paragraph (a), (b), (c), (d) or (e) of paragraph (2) above applies; and
b
is established for the general purposes of, or for any special purpose of or in connection with, that institution.
4
An institution falls within this paragraph if it is —
a
administered by or on behalf of an institution —
i
which is specified in regulation 2(2)(b), (c) or (d); or
ii
to which sub-paragraph (a), (b), (c), (d) or (e) of paragraph (2) above applies; and
b
established for the general purposes of, or for any special purpose of or in connection with, that institution.
5
For the purposes of this regulation a higher education corporation is a “Welsh higher education corporation” if the activities of the institution conducted by that corporation are carried on, or principally carried on, in Wales.
Angela E. Smith
Minister of State
Cabinet Office
27th February 2010


text:
Title, application and commencement
1
This Order may be cited as the Diseases of Animals (Approved Disinfectants) (Fees) (England) Order 2010, applies in England and comes into force on 6th April 2010.
Fees for the testing of disinfectants
2
A person who applies for a disinfectant to be approved under article 3 of the Diseases of Animals (Approved Disinfectants) (England) Order 2007 must, when applying, pay to the Secretary of State —
a
a fee of £1,770 for administrative services, plus
b
the fee for testing for the relevant purpose in the Schedule.
3
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in Article 2 and the Schedule there is payable in addition to that fee a further fee equivalent to the amount of Value Added Tax.
Revocation
4
The Diseases of Animals (Approved Disinfectants) (Fees) (England) Order 2009 is revoked.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
24th February 2010
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 2010


text:
Citation and Commencement
1
These Regulations may be cited as the Tax Avoidance Schemes (Information) (Amendment) Regulations 2010 and come into force on 1st April 2010.
Amendment of the Tax Avoidance Schemes (Information) Regulations 2004
2
Amend the Tax Avoidance Schemes (Information) Regulations 2004 as follows.
3
1
In regulation 4(5) (time for providing information under section 308, 308A, 309 or 310) for “paragraphs (5ZA) and (5A)” substitute “paragraph (5A)”.
2
Omit regulation 4(5ZA).
4
1
Amend regulation 8 as follows.
2
In paragraph (1) for “or (5)” substitute “, (5) or (5A)”.
3
In paragraph (3)(a) for “(14)” substitute “(14A)”.
4
After paragraph (5) insert —
5A
In the case prescribed at paragraph (14A) the prescribed information is —
a
the name and address of the purchaser;
b
the reference number (or, if more than one, any one reference number) allocated under the provisions of section 311;
c
the address of the property forming the subject of the arrangements (“the property”);
d
the title number of the property (if any is allocated);
e
the unique transaction reference number (if a land transaction return has been submitted to HMRC at the time the prescribed information is provided);
f
the market value of the property, taking into account all chargeable interests in the property held by the same person or connected persons;
g
the effective date of the first land transaction which forms part of the arrangements;
h
the name of the person providing the declaration as to the accuracy and completeness of the notification; and
i
the capacity in which that person is acting.
.
5
In paragraph (8) after “(13)” insert “and (14A)”.
6
After paragraph (14) insert —
14A
In a case where a purchaser expects an advantage to arise in respect of his liability to pay, entitlement to a repayment of, or to a deferment of his liability to pay stamp duty land tax as a result of notifiable arrangements the prescribed information shall be provided separately to HMRC in such form and manner as they may specify by the time in paragraph (15).
14B
If paragraph (14A) applies in relation to a land transaction entered into as purchaser by or on behalf of a partnership notification of the prescribed information by or in relation to the responsible partners may instead be done by or in relation to a representative partner or partners.
.
7
In paragraph (15) —
a
for “(14)” substitute “(14A)”;
b
after sub-paragraph (d) insert —
e
in the case of paragraph (14A) no later than 30 days following the later of —
i
the effective date of the first land transaction which forms part of the arrangements; or
ii
the receipt of the reference number allocated under the provisions of section 311.
.
8
After paragraph (16) insert —
16A
In paragraphs (5A), (14A), (14B) and (15), expressions which are used in Part 4 of the Finance Act 2003 have the same meaning as in that Part.
.
9
Omit paragraph (17).
Steve Lamey
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
17th February 2010


text:
Citation, commencement and interpretation
1
This Order may be cited as the First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2010.
2
Articles 7, 11, 12, 13 and 15 of this Order come into force on 15 February 2010.
3
Articles 10 and 14 of this Order come into force on 6 April 2010.
4
Subject to articles 2 and 3 of this Order, this Order comes into force on 18 January 2010.
5
A reference to an article by number is a reference to that article in the First-Tier Tribunal and Upper Tribunal (Chambers) Order 2008 .
Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008
6
The First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 is amended as follows.
7
After article 2(e) insert —
f
the Immigration and Asylum Chamber.
.
8
In article 3 (functions of the Social Entitlement Chamber) —
a
in paragraph (c) —
i
after “pregnancy grant,” insert “and”; and
ii
omit “and child trust funds”; and
b
after paragraph (c) insert —
ca
regarding saving gateway accounts with the exception of appeals against requirements to account for an amount under regulations made under section 14 of the Saving Gateway Accounts Act 2009 ;
cb
regarding child trust funds with the exception of appeals against requirements to account for an amount under regulations made under section 22(4) Child Trust Funds Act 2004 in relation to section 13 of that Act;
.
9
In article 5 (functions of the Health, Education and Social Care Chamber) —
a
in paragraph (d) before “provision” insert “the”; and
b
after paragraph (d) insert —
dd
an application in respect of, or an appeal against a decision related to, the provision of health care or health services;
.
10
In article 5A (functions of the Tax Chamber) for “Finance and Tax” substitute “Tax and Chancery”.
11
After article 5B (functions of the General Regulatory Chamber) insert —
Functions of the Immigration and Asylum Chamber of the First-tier Tribunal
5C
To the Immigration and Asylum Chamber of the First-tier Tribunal are assigned all functions relating to immigration and asylum matters, except for matters assigned to —
a
the Social Entitlement Chamber by article 3(a); and
b
the General Regulatory Chamber by article 5B(a).
.
12
After article 6(c) (Upper Tribunal chambers) insert —
d
the Immigration and Asylum Chamber of the Upper Tribunal.
.
13
In article 7 (functions of the Administrative Appeal Chamber) —
a
in paragraph (a)(i), after “article 8(1)(a)” insert “or the Immigration and Asylum Chamber of the Upper Tribunal by article 9A(a)”; and
b
in paragraph (c), after “article 8(1)(d)” insert “or the Immigration and Asylum Chamber of the Upper Tribunal by article 9A(b)” .
14
In article 8(1) (functions of the Tax and Chancery Chamber) —
a
after paragraph (a) insert —
aa
a reference or appeal in respect of —
i
a decision of the Financial Services Authority;
ii
a decision of the Bank of England; or
iii
a decision of a person relating to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 2008 ;
ab
a reference in respect of a decision of the Pensions Regulator;
; and
b
in sub-paragraph (e)(iv) after “Charity Commission” insert “, or one of the bodies mentioned in paragraph (aa) or (ab)”.
15
After article 9 insert —
Functions of the Immigration and Asylum Chamber of the Upper Tribunal
9A
To the Immigration and Asylum Chamber of the Upper Tribunal are assigned all functions relating to —
a
an appeal against a decision of the First-tier Tribunal made in the Immigration and Asylum Chamber of the First-tier Tribunal; and
b
a matter referred to the Upper Tribunal under section 9(5)(b) of the Tribunals, Courts and Enforcement Act 2007 by the Immigration and Asylum Chamber of the First-tier Tribunal.
.
16
After article 10 (resolution of doubt or dispute as to chamber) insert —
Re-allocation of a case to another chamber
11
1
Subject to paragraph (2), the Chamber President of the chamber to which a case has been assigned or allocated by or under this Order may allocate that case to another chamber within the same tribunal, by giving a direction to that effect.
2
A Chamber President may give a direction under paragraph (1) only if the Chamber President of the chamber to which the case is to be allocated has first consented to the giving of the direction.
3
A direction under paragraph (1) may be given at any point in the proceedings.
.
By authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
10th January 2010
I concur
Robert Carnwath
Senior President of Tribunals
16th December 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Disability Living Allowance) (Amendment) Regulations 2010.
2
These Regulations come into force:
a
for the purposes of assessing claims and making decisions on eligibility, on 15th October 2010; and
b
for all other purposes, on 11th April 2011.
Amendment of regulation 12 of the Social Security (Disability Living Allowance) Regulations 1991
2
1
Regulation 12 of the Social Security (Disability Living Allowance) Regulations 1991 is amended as follows.
2
After paragraph (1) insert —
1A
a
For the purposes of section 73(1AB)(a) of the Act (mobility component for the severely visually impaired) a person is to be taken to satisfy the condition that he has a severe visual impairment if —
i
he has visual acuity, with appropriate corrective lenses if necessary, of less than 3/60; or
ii
he has visual acuity of 3/60 or more, but less than 6/60, with appropriate corrective lenses if necessary, a complete loss of peripheral visual field and a central visual field of no more than 10° in total.
b
For the purposes of section 73(1AB)(b), the conditions are that he has been certified as severely sight impaired or blind by a consultant ophthalmologist.
c
In this paragraph —
i
references to visual acuity are to be read as references to the combined visual acuity of both eyes in cases where a person has both eyes;
ii
references to measurements of visual acuity are references to visual acuity measured on the Snellen Scale;
iii
references to visual field are to be read as references to the combined visual field of both eyes in cases where a person has both eyes.
.
Health care professionals
3
For the purposes of section 39(1) of the Social Security Act 1998 (meaning of health care professional), in relation to a claim for disability living allowance under section 73(1AB) of the Social Security Contributions and Benefits Act 1992, the following persons are health care professionals —
a
an optometrist registered with the General Optical Council;
b
an orthoptist registered with the Health Professions Council.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Miller
Parliamentary Under-Secretary of State,
Department for Work and Pensions
22nd June 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Revenue Support Grant (Specified Body) (England) Regulations 2010 and come into force on 15th November 2010.
2
These Regulations apply in relation to England only.
Revocation
2
The instruments listed in the Schedule to these Regulations are revoked.
Specified body
3
In relation to any financial year beginning on or after 1st April 2011, the Improvement and Development Agency for Local Government (company registration number 3675577) is specified for the purposes of section 76(4) of the Local Government Finance Act 1988.
Signed by authority of the Secretary of State for Communities and Local Government
Robert Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
19th October 2010


text:
Citation commencement and interpretation
1
1
These Regulations may be cited as the Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 and shall come into force on 1st March 2010.
2
In these Regulations “ the Act ” means the Planning Act 2008.
Prescription of consent requirements which may be removed by orders
2
1
The consents and authorisations listed in Part 1 of the Schedule are prescribed for the purposes of section 150(1) (removal of consent requirements) of the Act in respect of England and Wales.
2
The consents and authorisations listed in Part 2 of the Schedule are prescribed for the purposes of section 150(1) of the Act in respect of Wales only.
Duration of order granting development consent
3
1
Development for which development consent is granted must be begun before the end of a period of five years beginning on the date on which the order granting development consent is made.
2
Where an order granting development consent authorises the compulsory acquisition of land, and a notice to treat is served under section 5 of the Compulsory Purchase Act 1965 or in Scotland under section 17 of the Lands Clauses Consolidation (Scotland) Act 1845 , that notice must be served before the end of a period of five years beginning on the date on which the order granting development consent is made.
Exclusion from definition of “material operation”
4
The measuring or marking out of a proposed road shall not be included within the meaning of “material operation” for the purposes of section 155 (when development begins) of the Act.
Application of the Public Health Act 1936 to notices of unauthorised development, etc , England and Wales
5
1
The provisions of sections 276 (power of local authority to sell certain materials), 289 (power to require occupier to permit work to be executed by owner) and 294 (limitation of liability of certain owners) of the Public Health Act 1936 , shall apply in England and Wales in relation to steps required to be taken by a notice of unauthorised development , as if —
a
references to a local authority were references to the local planning authority who issued the notice of unauthorised development;
b
references (in whatever form) to the execution of works under the Public Health Act 1936 were references to the taking of steps required to be taken under the notice of unauthorised development;
c
references in section 289 to the occupier were references to a person having an interest in the premises other than the owner; and
d
reference in section 294 to “expenses under this Act” were a reference to expenses incurred in the taking of such steps as aforesaid.
2
The expenses recoverable by a local planning authority under section 170(1) of the Act are, until recovered, a charge that is binding on successive owners of the land to which the notice of unauthorised development related and the charge shall take effect as from the date of the completion by the local planning authority of the steps required to be taken by the notice of unauthorised development.
Execution and cost of certain works in Scotland
6
The provisions of section 135(5) to (9) of the Town and Country Planning (Scotland) Act 1997 shall apply in Scotland in relation to steps required to be taken by a notice of unauthorised development, as if —
a
references to an enforcement notice and to steps or work required by an enforcement notice were references to the notice of unauthorised development and to the taking of steps required to be taken under the notice of unauthorised development; and
b
references to expenses under section 135(7) to (9) were references to expenses recoverable under section 170(1) of the Planning Act 2008.
Signed by authority of the Secretary of State for Communities and Local Government
Ian Austin
Parliamentary Under Secretary of State
Department for Communities and Local Government
25th January 2010


text:
Citation and commencement
1
1
These Regulations may be cited as the End-of-Life Vehicles (Amendment) Regulations 2010.
2
Subject to paragraph (3), these Regulations shall come into force on 1st July 2010.
3
Regulation 2(2)(c) shall come into force on 1st December 2010.
Amendments to the End-of-Life Vehicles Regulations 2003
2
1
The End-of-Life Vehicles Regulations 2003 are amended as follows.
2
In regulation 2 —
a
for the definition “an EEA State” substitute —
“an EEA State” has the meaning given by Schedule 1 to the Interpretation Act
1978 ;
.
b
there shall be inserted in the appropriate place —
“enforcement authority” means any person mentioned in regulation 25;
“enforcement officer”, in relation to an enforcement authority, means a person authorised in writing to assist the authority in carrying out its functions under or for the purposes of the enforcement of these Regulations, except in relation to an enforcement authority which is a government department where it means an officer of that department;
.
c
for the definition “hazardous substance” substitute —
“hazardous substance” means any substance which fulfils the criteria for any of the following hazard classes or categories set out in Annex I of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16th December 2008 on classification, labelling and packaging of substances and mixtures —
hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F;
hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10;
hazard class 4.1; and
hazard class 5.1;
.
3
For regulation 6, substitute —
6
A person who puts on the market materials and components of vehicles shall ensure that they do not contain lead, mercury, cadmium or hexavalent chromium except in the cases listed in Annex II to the Directive, as that Annex is amended from time to time .
.
4
For regulation 7, substitute —
7
A person who puts on the market materials and components of vehicles shall at the request of an enforcement authority submit technical documents or other information showing that those materials and components comply with the requirements of regulation 6.
.
5
For regulation 8, substitute —
8
A person who puts on the market materials and components of vehicles shall ensure that they keep the information necessary for them to submit to the enforcement authority the documents referred to in regulation 7 for a period of 4 years from the date that they put the materials and components on the market.
.
6
In regulation 9(1), for “producer” substitute “person suspected of the non-compliance”.
7
In regulation 9(2), for “producer” substitute “person” wherever that word appears.
8
After regulation 22, the following shall be inserted —
Entry and Inspection
22A
1
For the purposes of carrying out their functions under these Regulations, an enforcement officer may exercise the following powers of entry and inspection.
2
Subject to the production if so requested of their credentials, an enforcement officer may —
a
enter at any reasonable time any premises except for a private dwelling which that officer considers necessary to enter;
b
make such examination and investigation as may in the circumstances be necessary;
c
take such measurements and photographs and make such recordings as are considered necessary for the purpose of an examination or investigation under sub-paragraph (b);
d
take samples, or cause samples to be taken, of any materials and components of vehicles found in or on any premises which the enforcement officer has power to enter;
e
require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records —
i
which are required to be kept under these Regulations, or
ii
which it is necessary to see for the purposes of an examination or investigation under sub-paragraph (b),
and inspect and take copies of, or any entry in, the records; and
f
require any person on the premises to afford such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the enforcement officer to exercise any of the powers conferred on them by these Regulations.
.
9
For regulation 23, substitute —
23
1
A producer who fails to comply with any of the requirements of the following regulations —
a
regulation 16;
b
regulation 18; and
c
regulation 20
shall be guilty of an offence.
2
A person shall be guilty of an offence if they —
a
without reasonable cause, fail to comply with a requirement imposed under regulation 22A;
b
without reasonable cause, obstruct an enforcement officer in the exercise of powers in regulation 22A.
.
10
In regulation 24, for “producer” substitute “person”.
11
For regulation 25, substitute —
25
The Secretary of State shall be under a duty to enforce Parts III and IV of these Regulations and in carrying out those duties may appoint any person to act on behalf of the Secretary of State.
.
12
In regulation 26, for the words “Part III and IV” substitute “Part III or regulation 23(1)”.
13
Regulation 35 shall be omitted.
14
Schedule 1 shall be omitted.
Ian Lucas
Minister for Business and Regulatory Reform
Department for Business, Innovation and Skills
29th March 2010


text:
Citation and commencement
1
This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Specified Lists: Scotland) Order 2010 and comes into force on 30th November 2010.
Barred lists
2
For the purposes of —
a
section 3(2)(b) of the Safeguarding Vulnerable Groups Act 2006, the list maintained under section 1(1)(a) of the Protection of Vulnerable Groups (Scotland) Act 2007 is specified as a list corresponding to the children’s barred list;
b
section 3(3)(b) of the Safeguarding Vulnerable Groups Act 2006, the list maintained under section 1(1)(b) of the Protection of Vulnerable Groups (Scotland) Act 2007 is specified as a list corresponding to the adults’ barred list.
Tim Loughton
Parliamentary Under Secretary of State
Department for Education
23rd September 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Independent School Standards) (England) Regulations 2010 and come into force on 1st September 2010.
2
These Regulations apply only in relation to England.
Interpretation
2
1
In these Regulations —
“the 2002 Act ” means the Education Act 2002;
“boarder” means a pupil for whom a school provides accommodation, whether or not the pupil is a pupil at that school;
“employment business” has the meaning given in section 13(3) of the Employment Agencies Act 1973 ;
“enhanced criminal record certificate” means an enhanced criminal record certificate as defined in section 113B of the Police Act 1997 which includes suitability information relating to children as defined in section 113BA(2) of that Act;
“maintained school” means a community, foundation or voluntary school or a community or foundation special school ;
“the National Minimum Standards for Boarding Schools” means the statement of national minimum standards published under that title in July 2010 by the Secretary of State for Education under section 87C(1) of the Children Act 1989 ;
“the National Minimum Standards for Residential Special Schools” means the standards published under that title in March 2002 by the Secretary of State for Health under section 87C of the Children Act 1989;
“school” means an independent school ;
“the School Premises Regulations ” means the Education (School Premises) Regulations 1999 ;
“staff” means any person working at the school whether under a contract of employment, under a contract for services or otherwise than under a contract, but does not include supply staff or a volunteer;
“statement” (except in paragraphs 24(2)(d) and 25(k) of Schedule 1) means a statement of special educational needs made under section 324 of the Education Act 1996 ;
“supply staff” means any person working at the school supplied by an employment business.
2
For the purposes of these Regulations an “enhanced criminal record check” is made if —
a
an application for an enhanced criminal record certificate is made under Part 5 of the Police Act 1997; and
b
the application is countersigned by a registered person (as defined in section 120 of that Act) or the application is countersigned on behalf of that person and (in either case) the application is submitted in accordance with Part 5 of that Act.
3
In these Regulations, where an element of a standard is information or a document being “made available”, that element of the standard is met —
a
in a case where the school has an internet website, if —
i
the information or a copy of the document is —
aa
available on the website in a form accessible to parents of pupils and parents of prospective pupils; and
bb
available for inspection on the school’s premises during the school day; and
ii
the proprietor takes reasonable steps to ensure that parents of pupils and parents of prospective pupils are aware that the information or a copy of the document is available and the form in which it is available; and
b
in a case where the school has an internet website but the information or a copy of the document is not available on the website, or where the school does not have an internet website, if —
i
the proprietor takes reasonable steps to ensure that parents of pupils and parents of prospective pupils are made aware that they may request the information or a copy of the document; and
ii
the information or a copy of the document is sent or given to such parents free of charge, in response to a request.
Independent school standards
3
1
The provisions contained in Schedule 1 are the independent school standards for the purposes of Part 10 of the 2002 Act.
2
Except as provided in paragraphs (3) and (4), these standards apply to any independent school.
3
The standards contained in the following provisions of Schedule 1 do not apply to an Academy —
a
Part 1;
b
paragraph 24(1)(b) insofar as it relates to the information referred to in paragraph 24(3)(b), (c), (f) and (h); and
c
paragraph 24(1)(h).
4
The standards referred to in paragraph (3) of this Regulation and the standards contained in paragraphs 17 and 24(1)(f) of Schedule 1 do not apply to a city technology college or a city college for the technology of the arts .
Revocations
4
The instruments listed in column 1 of the table in Schedule 2 (which have the references listed in column 2) are revoked to the extent indicated in column 3.
Nick Gibb
Minister of State
Department for Education
4th August 2010


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Portsmouth Port Health Authority Order 2010 and shall come into force on 6th April 2010.
2
This Order applies in relation to England.
3
In this Order —
“ the Act ” means the Public Health (Control of Disease) Act 1984;
“approaches” means seaward approaches and land approaches within the curtilage of a dock, harbour and marina;
“the Council” means Portsmouth City Council; and
“the Port of Portsmouth” means the port of that name established for the purposes of the enactments relating to customs and excise.
4
The riparian authorities specified for the purposes of this Order are the Council, Gosport Borough Council, Havant Borough Council, Fareham Borough Council and the Isle of Wight Council.
5
References in this Order to reference points shall be construed as references to National Grid reference points.
The Port Health Authority
2
1
For the purposes of the Act the parts of the Port of Portsmouth and the land and water to which this article applies shall be a port health district and the Council shall be the port health authority for that district.
2
This article applies to the parts of the Port of Portsmouth and the land and water which lies within the area bounded —
a
by a line —
i
from Ordnance Survey reference point SZ606975 (Gilkicker Point) south-south-west to Ordnance Survey reference point SZ594937 (the northerly point of the pier at Ryde), then
ii
east to Ordnance Survey reference point SZ641938 (No Man’s Land Fort), then
iii
north-east to Ordnance Survey reference point SZ730984 (point on the foreshore opposite the southern end of Rails Lane, Hayling Island);
b
by the mean high water line along the coast between Ordnance Survey reference point SZ730984 (a point on the foreshore opposite the southern end of Rails Lane, Hayling Island) westwards and via Langstone Harbour to Ordnance Survey reference point SZ730043 (the north-eastern tip of Northney Marina, Hayling Island);
c
by a line from Ordnance Survey reference point SZ730043 (the north-eastern tip of Northney Marina north-west to Ordnance Survey reference point SZ725053 (a point on the foreshore opposite the southern end of Pook Lane, Warblington);
d
by the mean high water line between Ordnance Survey reference point SZ725053 (a point on the foreshore opposite the southern end of Pook Lane, Warblington) and Ordnance Survey reference point SZ606975 (Gilkicker Point),
together with
aa
all docks, harbours and marinas, including the approaches to them; and
bb
as far as the tide flows, all rivers, canals, bays, creeks, streams, channels, waters and watercourses,
giving onto the area specified in this article.
Jurisdiction
3
The Council shall have jurisdiction as port health authority over all waters and land within the port health district.
Functions assigned to the port health authority
4
1
There are assigned to the Council as port health authority the functions, rights and liabilities of local authority under the enactments specified in the Schedule to this Order, as far as they are applicable to a port health authority, and to any land, waters, premises, vessels or persons within its jurisdiction.
2
For the purposes of the functions, rights and liabilities assigned to the Council by virtue of this Order the enactments mentioned in the Schedule to this Order shall have effect as if —
a
any vessel lying within the port health district were a house, building or premises; and
b
the master or other officer or person in charge of the vessel were the occupier.
3
This article shall not apply to any vessel belonging to Her Majesty or to any vessel engaged in the service of Her Majesty, whether belonging to Her Majesty or not, or to any vessel belonging to the armed forces of any country to which the provisions of the Visiting Forces Act 1952 apply by virtue of section 1 of that Act.
Revocations
5
The Portsmouth Port Health Authority Order 1990 is revoked.
Signed by authority of the Secretary of State for Health
Jonathan Stopes-Roe
A member of the Senior Civil Service
Department of Health
1st April 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment (No. 2) Regulations 2010.
2
They come into force on 1st November 2010 (immediately after the coming into force of the Social Fund Cold Weather Payments (General) Amendment Regulations 2010 ).
3
In these Regulations “the principal Regulations ” means the Social Fund Cold Weather Payments (General) Regulations 1988 .
Prescribed amount of cold weather payment
2
In regulation 3 (prescribed amount) of the principal Regulations, for “£8.50” substitute “£25”.
Minor amendment and revocations
3
1
In regulation 1A(4) (prescribed description of persons) of the principal Regulations, for “with” substitute “within”.
2
The following provisions are revoked —
a
regulation 2 (amendment of regulation 3 of the principal Regulations) of the Social Fund Cold Weather Payments (General) Amendment Regulations 1995 ;
b
regulation 3 (modification of the principal Regulations in respect of the 2008–09 winter) of the Social Fund Cold Weather Payments (General) Amendment Regulations 2008 ; and
c
regulation 3 (modification of the principal Regulations in respect of the 2009–10 winter) of the Social Fund Cold Weather Payments (General) Amendment Regulations 2009 .
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State
Department for Work and Pensions
21st October 2010


text:
Citation, commencement and effect
1
1
This Order may be cited as the Car and Van Fuel Benefit Order 2010.
2
This Order shall come into force on 1st April 2010 and has effect for the tax year 2010-11 and subsequent tax years.
Amendment to section 150 of the Income Tax (Earnings and Pensions) Act 2003
2
In section 150(1) of the Income Tax (Earnings and Pensions) Act 2003 (car fuel: calculating the cash equivalent) for “£16,900” substitute “£18,000”.
Amendment to section 161(b) of the Income Tax (Earnings and Pensions) Act 2003
3
In section 161(b) of the Income Tax (Earnings and Pensions) Act 2003 (van fuel: the cash equivalent) for “£500” substitute “£550”.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd February 2010


text:
PART 1 Introduction
Title, commencement and application
1
These Regulations —
a
may be cited as the Welfare of Racing Greyhounds Regulations 2010;
b
come into force on 6th April 2010;
c
apply in England.
Interpretation
2
In these Regulations —
“attending veterinary surgeon” means a veterinary surgeon attending a track pursuant to Condition 1 of the licensing conditions;
“licence” means a licence to manage a track;
“licensing conditions” means those conditions set out in the Schedule;
“local authority” means —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for a local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, any council of any district in that county;
in each London borough, the council of that borough; or
in the city of London, the Common Council;
“operator” means, except in Part 2 of the Schedule, a person responsible for managing a track;
“owner” means an individual who owns a greyhound, or a representative of a partnership, unincorporated association or company that has ownership of a greyhound;
“race” means the competing of running greyhounds at premises where facilities for betting are being provided in relation to that activity either at those premises or elsewhere;
“sales trial” means the timing of a greyhound as it runs for the purpose of selling it;
“track” means premises where a race, trial or sales trial occurs; and
“trial” means the timing of a greyhound as it runs for the purpose of determining its position, or race category, in relation to any subsequent race.
Licensing of operators
3
1
Managing a track is an activity for the purposes of section 13(1) of the Animal Welfare Act 2006.
2
But managing a track is not an activity for the purposes of section 13(1) of the Animal Welfare Act 2006 if the operator is regulated in relation to the operation of that track by a body which —
a
is accredited by the United Kingdom Accreditation Service, or other signatory of the EA multi-lateral agreement of the European co-operation for Accreditation , as demonstrating compliance with the ISO / IEC standard Guide 65:1996 of the International Standards Organisation’s standards for bodies operating product certification systems in relation to the service of the regulation of greyhound racing tracks; and
b
requires compliance by the operator with the requirements contained in the licensing conditions.
PART 2 Issuing of licences
Granting and renewing of licence
4
1
A local authority —
a
must, on the receipt of an application in writing for a licence giving such information as the local authority may require, grant a licence to an operator, or renew a licence, if it is satisfied that the licensing conditions are or will be met and any appropriate fee has been paid in accordance with regulation 7 and not otherwise;
b
must carry out an inspection of a track to satisfy itself that the licensing conditions are or will be met before granting or renewing a licence; and
c
may grant or renew a licence for any period of up to 3 years.
2
In considering whether the licensing conditions will be met, a local authority is entitled to take account of the applicant’s conduct as the operator of the track to which the licence relates or in relation to any other track, or any other circumstances that are relevant.
3
All licences granted under paragraph (1) are subject to the licensing conditions.
People who may not apply for a licence
5
No person may apply for a licence if they are disqualified under —
a
section 34 of the Animal Welfare Act 2006;
b
section 3(3) of the Animal Boarding Establishments Act 1963 from keeping a boarding establishment for animals;
c
section 3(3) of the Breeding of Dogs Act 1973 from keeping a breeding establishment;
d
section 5(3) of the Pet Animals Act 1951 from keeping a pet shop;
e
section 4(3) of the Riding Establishments Act 1964 from keeping a riding establishment;
f
section 1 of the Protection of Animals (Amendment) Act 1954 from having custody of an animal; or
g
section 3 of the Protection of Animals Act 1911 from the ownership of an animal;
and any licence issued to a person so disqualified is invalid.
Death of a licence holder
6
1
In the event of the death of the operator who has been issued with a licence, that licence is deemed to have been granted to personal representatives of the licensed operator in respect of that track and remains in force for a period of three months beginning with the death, but remains subject to the provisions in Part 3.
2
The personal representatives must notify the local authority which issued the licence that they are now the operators of the track within 4 weeks of the death of the licensed operator.
Fees
7
1
A local authority may charge such fees as it considers necessary —
a
for the consideration of an application for a licence; and
b
for the grant or renewal of a licence.
2
The fee charged for the consideration of an application for a licence must not exceed the reasonable costs of carrying out that consideration.
3
The fee charged for granting or renewing a licence must not exceed the sum of the costs of making the grant or renewal and the reasonable anticipated costs of future monitoring of compliance with these Regulations by the operator named in the licence.
PART 3 Suspension and revocation of a licence
Grounds for suspension
8
A local authority may suspend a licence at any time on being satisfied that the licensing conditions have not been complied with.
Procedure for suspension
9
If a licence is suspended the local authority must notify the holder in writing without undue delay, by way of a notice of suspension in accordance with regulation 10 and, unless the local authority directs otherwise, the suspension has immediate effect , and continues in effect unless the licence is reinstated.
Notice of suspension
10
A notice of suspension must —
a
state the local authority’s grounds for believing that the licensing conditions are not being complied with;
b
specify the measures that, in the local authority’s opinion, the operator must take in order to secure compliance;
c
set out the right of appeal to a magistrates’ court; and
d
set out the period within which such an appeal may be brought.
Reinstatement of licence
11
1
A local authority must reinstate a suspended licence by way of notice once it is satisfied that the licensing conditions have been or will be complied with.
2
Where a licence is reinstated under paragraph (1) the period for which it is issued may be varied.
Revocation of licence
12
1
The local authority may revoke a licence that has been suspended for more than 28 days unless there is an outstanding appeal to the magistrates’ court, and may publicise a revocation in such manner as the local authority sees fit.
2
When a local authority revokes a licence it must notify the holder in writing and revocation takes effect from the time of notification.
3
Where an operator is disqualified under any of the enactments listed in Regulation 5 their licence is automatically revoked when the time limit for any appeal against that disqualification expires or, if an appeal is made, when that appeal is refused.
Appeals
13
1
Any person who is aggrieved by the refusal to grant or renew, or the decision to suspend or revoke a licence may appeal to a magistrates’ court.
2
The procedure on an appeal to a magistrates’ court under paragraph (1) is by way of complaint, and the Magistrates’ Courts Act 1980 applies to the proceedings.
3
The period within which an appeal may be brought is 28 days beginning with the day following the date on which the decision is notified.
4
A court may on application suspend a suspension or a revocation or, in the case of a refusal to renew a licence, permit an operator to continue to manage a track subject to the conditions in the Schedule, pending an appeal.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
1st March 2010


text:
Citation
1
This Order may be cited as the Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 3 (Amendment)) Order 2010.
Amendment of the Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 3 and Transitional and Transitory Provisions) and (Commencement No. 2 (Amendment)) Order 2010
2
Article 3 of the Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 3 and Transitional and Transitory Provisions) and (Commencement No. 2 (Amendment)) Order 2010 (provision coming into force on 1st July 2010) is revoked.
Nick Gibb
Minister of State
Department for Education
28th June 2010


text:
PART 1 GENERAL
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010 and they come into force on 10th January 2011.
Interpretation
2
1
In these Regulations —
“the Act” means the Merchant Shipping Act 1995;
“artificial” in relation to optical radiation means from a source other than the sun;
“the CEN ” means the European Committee for Standardisation;
“the CIE ” means the International Commission on Illumination;
“competent persons” has the meaning given in regulation 2(2) (Interpretation) of the General Duties Regulations ;
“ the Directive ” means Council Directive 2006/25/EC of 5 April 2006 on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation)(nineteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC );
“employer” means a person by whom a worker is employed on a ship under a contract of employment;
“exposure” means exposure at work to artificial sources of optical radiation and “exposed” is to be interpreted accordingly;
“exposure limit values” mean —
for non-coherent radiation those values set out in Annex 1 to the Directive; and
for laser radiation those values set out in Annex II to the Directive;
“the General Duties Regulations” means the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 ;
“Government ship” has the meaning given in section 308(4) of the Act;
“health and safety” includes the occupational health and safety of persons whilst on board a ship and whilst boarding or leaving the ship;
“health surveillance” means the assessment of an individual worker to determine the state of health of that individual, as related to exposure;
“the IEC ” means the International Electrotechnical Commission;
“infrared radiation” means optical radiation of wavelength range exceeding 780 nm and not exceeding 1 mm, divided into IRA (exceeding 780 and not exceeding 1400 nm), IRB (exceeding 1400 and not exceeding 3000 nm) and IRC (exceeding 3000 nm and not exceeding 1 mm);
“irradiance” means the radiant power incident per unit area upon a surface expressed in watts per square metre (W m-2);
“laser” (light amplification by stimulated emission of radiation) means any device which can be made to produce or amplify electromagnetic radiation in the optical radiation wavelength range primarily by the process of controlled stimulated emission;
“laser radiation” means optical radiation from a laser;
“level of exposure” means the combination of irradiance, radiant exposure and radiance to which a worker is exposed;
“ MCA ” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;
“measure” means, in respect of a regulation 6 assessment, either to measure or calculate, or measure and calculate as appropriate, and “measurement” is to be interpreted accordingly;
“Merchant Shipping Notice” means a notice described as such and issued by the MCA;
“non-coherent radiation” means any optical radiation other than laser radiation;
“optical radiation” means any electromagnetic radiation in the wavelength range exceeding 100 nm and not exceeding 1 mm, across the spectrum of optical radiation from ultraviolet radiation through visible radiation to infrared radiation;
“radiance” means the radiant flux or power output per unit solid angle per unit area, expressed in watts per square metre per steradian (W m−2 sr−1);
“radiant exposure” means the time integral of the irradiance, expressed in joules per square metre (J m−2);
“regulation 6 assessment” has the meaning given by regulation 6(9);
“representative” in relation to workers means any person lawfully elected, chosen or designated to represent the workers in regard to issues about the health and safety of workers at work;
“ship” includes hovercraft;
“surveyor of ships” has the meaning given by section 256(9) of the Act;
“ultraviolet radiation” is optical radiation of wavelength range exceeding 100 nm and not exceeding 400 nm, divided into UVA (exceeding 315 and not exceeding 400 nm), UVB (exceeding 280 and not exceeding 315 nm) and UVC (exceeding 100 and not exceeding 280 nm);
“United Kingdom ship” means a ship which —
is a United Kingdom ship within the meaning of section 85(2) of the Act,
is a Government ship or
a hovercraft registered under the Hovercraft Act 1968 ;
“United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom; and
“visible radiation” means optical radiation of wavelength range exceeding 380 nm and not exceeding 780 nm.
2
In these Regulations any reference to an Annex to the Directive is a reference to that Annex as amended from time to time.
3
Subject to paragraph (1) and regulation 3, words and expressions used in these Regulations have the same meaning as in the Directive.
4
In the application of these Regulations to a hovercraft, a reference to the master of a ship includes a reference to the captain of that hovercraft.
Meaning of “worker”
3
1
In these Regulations, “worker” means a person employed under a contract of employment, and includes a trainee or apprentice other than a person who is training in a vessel which is being used —
a
to provide instruction in the principles of responsibility, resourcefulness, loyalty and team endeavour and to advance education in the art of seamanship; or
b
to provide instruction in navigation and seamanship for yachtsmen,
and which is operating under a relevant code.
2
In paragraph (1) “a relevant code” means —
a
the Large Commercial Yacht Code as set out in Merchant Shipping Notice No. 1792(M), issued by the MCA;
b
the Code of Practice for the Safety of Small Commercial Sailing Vessels ;
c
the Code of Practice for the Safety of Small Commercial Motor Vessels ; or
d
the Code of Practice for the Safety of Small Vessels in Commercial Use for Sport or Pleasure Operating from a Nominated Departure Point .
3
In paragraph (2) each reference to a Code includes a reference to any document containing an amendment or replacement of that Code which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice which contains a statement to that effect.
Application
4
1
Without prejudice to regulation 5 (general duties) of the General Duties Regulations, and subject to paragraphs (2) to (4), these Regulations apply in relation to activities in which workers are subject or are potentially subject to exposure, giving rise to risks to their health and safety, which take place on United Kingdom ships.
2
Where —
a
a ship is being used in the course of public service activities or activities for the purposes of the civil protection services, and
b
characteristics peculiar to those activities inevitably conflict with a provision of these Regulations,
that provision does not apply in relation to activities on that ship to the extent of that conflict.
3
To the extent that a provision of these Regulations does not apply in relation to activities on a ship because of paragraph (2) there is in relation to that ship a duty on the employer to ensure, so far as is reasonably practicable, the health and safety of the workers who are subject or are potentially subject to exposure on the ship.
4
This regulation (other than paragraph (1)) and regulations 5, 15 and 17 apply in relation to activities on ships other than United Kingdom ships, which are for the time being in United Kingdom waters, during which workers are subject or are potentially subject to exposure, giving rise to risks to their health and safety.
5
In paragraph (2) —
a
“civil protection service” includes the fire and rescue and ambulance services and search and rescue services provided by any other person; and
b
“public service activities” includes the activities of the armed forces, HM Coastguard, HM Revenue and Customs, immigration officers, police, prison officers and the security and intelligence services.
Application of related legislation
5
1
The General Duties Regulations continue to apply to activities to which these Regulations apply, without prejudice to any more stringent or specific provisions contained in these Regulations.
2
These Regulations do not apply to or in relation to the activities of a worker which are covered by the Control of Artificial Optical Radiation at Work Regulations 2010 or the Control of Artificial Optical Radiation at Work (Northern Ireland) Regulations 2010 .
PART 2 DUTIES OF EMPLOYERS AND OTHERS
Assessment of health risks
6
1
Where work is to be carried out which could expose any worker to levels of artificial optical radiation that create a reasonably foreseeable risk of an adverse health effect on that worker, the employer must, in carrying out the risk assessment required by regulation 7 (risk assessment) of the General Duties Regulation —
a
assess and, if necessary, measure the levels of exposure to which workers are likely to be exposed, so that the measures needed to limit exposure below the exposure limit values can be identified and put into effect; and
b
preserve the data obtained from the assessment, including those obtained from the measurement of the levels of exposure referred to in sub-paragraph (a), so as to permit their consultation at a later stage.
2
In carrying out the assessment and measurement in accordance with paragraph (1)(a) the employer must follow the following standards or recommendations —
a
for laser radiation, the standards of the IEC; or
b
for non-coherent radiation, the standards of the IEC and the recommendations of the CIE and the CEN.
3
Where there is a risk of exposure which is not covered by the standards and recommendations set out in paragraph (2), and appropriate EU standards or recommendations are not available, the assessment and measurement may be carried out using any available national or international science-based guidelines.
4
The assessment in accordance with paragraph (1)(a) may take account of data provided by the manufacturers of equipment which is a source of optical radiation, where such equipment is covered by relevant European Union Directives.
5
The employer must ensure that the assessment and measurement referred to in paragraph (1)(a) —
a
are planned and carried out at suitable intervals and by competent persons, appointed in accordance with regulation 14 (protective and preventive services) of the General Duties Regulations, subject to consultation with workers in accordance with regulation 20 (consultation with workers) of those Regulations;
b
are updated, if there have been significant changes which may affect workers’ exposure or if the results of health surveillance show this to be necessary; and
c
give particular attention to —
i
the level, wavelength range and duration of exposure;
ii
the exposure limit values;
iii
any effects concerning the health and safety of workers belonging to particularly sensitive risk groups;
iv
any possible effects on workers’ health and safety resulting from workplace interactions between optical radiation and photosensitising chemical substances;
v
any indirect effects such as temporary blinding, explosion or fire;
vi
the existence of alternative equipment designed to reduce the levels of exposure;
vii
appropriate information obtained from health surveillance, including, as far as possible, published information;
viii
multiple sources of exposure;
ix
a classification applied to a laser as defined in accordance with the relevant IEC standard and, in relation to any artificial source likely to cause damage similar to that of a laser of class 3B or 4, any similar classification; and
x
information provided by the manufacturers of optical radiation sources and associated work equipment in accordance with the relevant European Union Directives.
6
Before the commencement of any activity with the potential to involve exposure, the employer must be in possession of a record in a suitable medium of the risk assessment, if any, required to be carried out in accordance with this regulation.
7
The risk assessment may include a justification by the employer that the nature and extent of the risks related to optical radiation make a more detailed risk assessment unnecessary.
8
An assessment carried out in accordance with this regulation, whether for the first time or by way of renewal, is in these Regulations called a regulation 6 assessment and is to be used by the employer to identify which measures must be taken in accordance with regulation 7.
General principles for prevention of risks
7
1
So far as is reasonably practicable, taking account of technical progress and of the availability of measures to control the risk at source, the employer must eliminate or reduce to a minimum the risk to the health and safety of workers arising from exposure, using the principles for prevention of risk set out in the General Duties Regulations.
2
Where the regulation 6 assessment indicates any possibility that the exposure limit values may be exceeded, the employer must devise and implement an action plan comprising, as appropriate, technical and organisational measures designed to prevent, so far as is reasonably practicable, the exposure exceeding the limit values, taking into account in particular —
a
alternative working methods that reduce the risk from optical radiation;
b
the choice of alternative equipment emitting less optical radiation, taking account of the work to be done;
c
technical measures to reduce the emission of optical radiation including, where necessary, the use of interlocks, shielding or similar health protection mechanisms;
d
appropriate maintenance programmes for work equipment, workplaces and workstation systems;
e
the design and layout of workplaces and workstations;
f
limitation of the duration and level of exposure;
g
the availability of appropriate personal protective equipment;
h
the instructions of the manufacturer of equipment which is a source of optical radiation, where such equipment is covered by relevant European Union Directives; and
i
the requirements of workers belonging to particularly sensitive risk groups.
3
Where the regulation 6 assessment indicates the possibility that workers could be subject to exposure exceeding the exposure limit values, the employer must —
a
place appropriate signs in the workplace, in accordance with the Merchant Shipping and Fishing Vessels (Safety Signs and Signals) Regulations 2001 , which identify the areas where the exposure limit values may be exceeded; and
b
where this is technically possible, limit access to the areas where the exposure limit values may be exceeded.
4
If, despite the measures taken by the employer in accordance with this regulation, the exposure limit values are exceeded, the employer must —
a
take immediate action to reduce exposure below the exposure limit values;
b
identify the reasons why the exposure limit values have been exceeded; and
c
adapt the protection and prevention measures accordingly in order to prevent the exposure limit values being exceeded again.
Information and training for workers
8
Without prejudice to the provisions of the General Duties Regulations covering information and training for workers, the employer must ensure that workers who are likely to be subject to exposure, or their representatives, receive appropriate information and training, concerning in particular —
a
measures to reduce exposure taken in accordance with regulation 7;
b
the exposure limit values and associated potential risks;
c
the results of the regulation 6 assessment, with an explanation of their significance and potential risks;
d
how to detect adverse health effects of exposure and report them;
e
the circumstances in which workers are entitled to health surveillance;
f
safe working practices to minimise risks from exposure; and
g
proper use of appropriate personal protective equipment.
Health surveillance
9
1
The employer must ensure that there are arrangements whereby workers for whom a regulation 6 assessment reveals a risk to health and safety are kept under appropriate health surveillance by a health authority.
2
The arrangements referred to in paragraph (1) must be sufficient to enable a worker to undergo, if appropriate, relevant health surveillance before exposure and at regular intervals thereafter.
3
The employer must ensure that the health authority carrying out health surveillance of workers has access to the results of the regulation 6 assessment, where those results may be relevant to the health surveillance.
4
The employer must ensure that a medical examination is made immediately available to any worker who —
a
has, to the employer’s knowledge, been subject to exposure in excess of the exposure limit values; or
b
is found, as a result of health surveillance, to have an identifiable disease or adverse health effect which is considered by a health authority to be the result of exposure.
5
Where a medical examination made available under paragraph (4) is carried out in respect of a worker, the health authority must give that worker —
a
the result of the medical examination which relates to that worker; and
b
information and advice regarding —
i
any health surveillance which that worker should undergo following the end of exposure; and
ii
any protective or preventive measures to be taken in respect of that individual worker.
6
A health authority which carries out a medical examination —
a
must inform the employer of any significant findings of the health surveillance, to the extent that this is consistent with confidentiality; and
b
may advise that any other worker who has been similarly exposed should be offered a medical examination.
7
On being informed of the findings of the health surveillance in accordance with subparagraph (6)(a), the employer must —
a
review the regulation 6 assessment and the measures taken to eliminate or reduce risks pursuant to regulation 7;
b
take into account the advice of the health authority in implementing any measures to eliminate or reduce risk in accordance with regulation 7; and
c
arrange, in respect of any worker who has been similarly exposed —
i
continued health surveillance; and
ii
a review of that worker’s health status.
8
The employer must —
a
ensure that for each worker who undergoes health surveillance, an individual health record containing a summary of the results of the health surveillance is made and kept up to date;
b
keep all health records in a form suitable for consultation at a later date, taking into account any confidentiality;
c
supply copies of those health records to a relevant health authority and the Secretary of State on request; and
d
on reasonable notice being given, allow a worker access to that worker’s individual health record.
9
In this regulation “health authority” means a doctor, occupational health professional or other authority suitably qualified to undertake the requirements of this regulation.
Consultation with and participation of workers
10
The employer must consult workers or their representatives about matters covered by these Regulations in accordance with regulation 20 (consultation of workers) of the General Duties Regulations.
Duties of other persons
11
1
Where a person on whom a duty is imposed by any of the preceding provisions of these Regulations does not have control of the matter to which that provision relates because responsibility for the operation of the ship falls upon another person, that duty also extends to any other person who has control of that matter.
2
It is the duty of every worker performing activities to which these Regulations apply to —
a
make full and proper use of all clothing and equipment provided by the employer to that worker in pursuance of these Regulations; and
b
give effect to all information and training provided to that worker under regulation 8.
PART 3 ENFORCEMENT
Offences and penalties
12
1
Any person who fails to comply with regulation 6, 7 or 9 is guilty of an offence and is liable —
a
on summary conviction to a fine not exceeding the statutory maximum; and
b
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both.
2
Any person who fails to comply with regulation 10 is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
3
Any person who fails to comply with regulation 8 or 19 is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
A worker who fails to comply with regulation 11(2) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
5
Section 146(1) of the Act (enforcement of fines) applies to any fine imposed for an offence under paragraphs (1) to (3), as if the reference to proceedings against the owner or master of a ship for an offence under Chapter 2 were a reference to proceedings against any person for an offence under those paragraphs.
6
Where a body corporate is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of that offence and is liable to be proceeded against and punished accordingly.
7
Where the affairs of a body corporate are managed by its members, paragraph (6) applies in relation to the acts and defaults of a member in connection with that member’s functions of management as if that member were a director of the body corporate.
8
Where an offence under these Regulations committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of that offence and is liable to be proceeded against and punished accordingly.
Onus of proving what is reasonably practicable
13
In any proceedings under these Regulations consisting of a failure to comply with a duty or a requirement to do something so far as is reasonably practicable, it is for the defendant to prove that it was not reasonably practicable to do more than was in fact done to satisfy that duty or requirement.
Detention of a United Kingdom ship
14
1
Where a surveyor of ships is satisfied that there is or has been a failure to comply in relation to any ship with the requirements of the preceding provisions of these Regulations, that ship is liable to be detained until a surveyor of ships is satisfied that those requirements are complied with.
2
A surveyor of ships may permit a ship which is liable to be detained under paragraph (1) to proceed to sea for the purpose of proceeding to the nearest appropriate repair yard.
3
A ship must not be delayed or detained unreasonably under this regulation.
4
Where a ship is detained because in relation to it there has been a failure to comply with the requirements of the preceding provisions of these Regulations, and that failure has ceased, a person having power to detain the ship must, at the request of the owner or master, immediately release the ship —
a
if no proceedings for an offence arising from the failure in question are instituted within the period of seven days beginning with the day on which the ship is detained;
b
if proceedings for an offence arising from the failure in question, having been instituted within that period, are concluded without the employer or other person having control of the matter in question being convicted;
c
if either —
i
the sum of £30,000 is paid to the Secretary of State by way of security, or
ii
security which, in the opinion of the Secretary of State, is satisfactory and is for an amount not less than £30,000 is given to the Secretary of State,
by or on behalf of the employer or other person having control of the matter in question;
d
where the employer or other person having control of the matter in question is convicted of an offence arising from the failure in question, if any costs or expenses ordered to be paid by that person, and any fine imposed on that person, have been paid; or
e
the release is ordered by a court or tribunal referred to in article 292 of the United Nations Convention on the Law of the Sea 1982 , and any bond or other financial security ordered by such court or tribunal is posted.
5
The Secretary of State must repay any sum paid in pursuance of paragraph (4)(c) or release any security so given —
a
if no proceedings for an offence arising from the failure in question are instituted within the period of seven days beginning with the day on which the sum is paid; or
b
if proceedings for an offence arising from the failure in question, having been instituted within that period, are concluded without the employer or other person having control of the matter in question being convicted.
6
Where a sum has been paid, or security has been given, by any person in pursuance of paragraph (4)(c) and the employer or other person having control of the matter in question is convicted of an offence arising from the failure in question, the sum so paid or the amount made available under the security must be applied as follows —
a
first in payment of any costs or expenses ordered by the court to be paid by the employer or other person having control of the matter in question; and
b
next in payment of any fine imposed by the court,
and any balance must be repaid to the first-mentioned person.
7
Section 145 of the Act (interpretation of section 144) applies for the purposes of paragraphs (4) to (6) as if —
a
references to the master or owner of the ship were references to the employer or other person having control of the matter in question; and
b
references to an offence under section 131 were references to an offence arising from the failure in question.
Inspection and other measures in respect of ships registered outside the United Kingdom ships
15
1
When a ship which is not a United Kingdom ship is in United Kingdom waters, a relevant inspector may inspect that ship to ascertain whether the standards required in relation to United Kingdom ships by the preceding provisions of these Regulations are met in relation to that ship.
2
Where a surveyor of ships is satisfied that the standards required in relation to United Kingdom ships by the preceding provisions of these Regulations are not met in relation to a ship which is not a United Kingdom ship but is in United Kingdom waters, that surveyor of ships may —
a
send a report to the government of the State whose flag the ship is entitled to fly, and a copy of it to the Director General of the International Labour Office , and
b
where conditions on board are clearly hazardous to health and safety, take such measures as are necessary to ensure those conditions are rectified.
3
A ship to which paragraph (2)(b) applies is liable to be detained until a surveyor of ships is satisfied that those conditions are rectified.
4
A surveyor of ships may permit a ship which is liable to be detained under paragraph (3) to proceed to sea for the purpose of proceeding to the nearest appropriate repair yard.
5
If any of the measures specified in paragraph (2)(b) or (3) are taken, the surveyor of ships must immediately notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly.
6
A ship must not in the exercise of the power under this regulation be delayed or detained unreasonably.
7
In paragraph (1), “relevant inspector” means a person mentioned in paragraph (a), (b) or (c) of section 258(1) of the Act .
Application of powers of inspectors in relation to Government ships
16
Sections 258 to 266 of the Act apply to these Regulations as if they were for all purposes made under section 85 of the Act and accordingly those sections apply in relation to Government ships.
Enforcement of detention
17
1
Section 284 of the Act (enforcing detention of ship) applies where a ship is liable to be detained under these Regulations as if —
a
references to detention of a ship under the Act were references to detention of the ship in question under these Regulations; and
b
subsection (7) were omitted.
2
Where a ship is liable to be detained under these Regulations the person detaining the ship must serve on the master of the ship a detention notice which —
a
states that a surveyor of ships is of the opinion that in relation to that ship there is a failure to comply with the requirements of these Regulations;
b
specifies the matters which, in the opinion of the surveyor of ships, have the effect that in relation to that ship those requirements are not met; and
c
requires the terms of the notice to be complied with until the ship is released by any person mentioned in section 284(1) of the Act.
Right of appeal and compensation
18
Regulations 11 and 12 (right of appeal and compensation) of the Merchant Shipping (Port State Control) Regulations 1995 (which, by virtue of regulation 19 of those Regulations, apply in relation to the exercise of powers of detention contained in safety regulations) apply in relation to a detention notice served on a Government ship under these Regulations as if these Regulations were for all purposes made under section 85 of the Act.
Prohibition on charging of workers
19
No charge in respect of anything done or provided in accordance with any requirement of these Regulations may be levied or permitted to be levied on any worker.
Signed by authority of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
14th December 2010


text:
Title and commencement
1
The title of this Order is the Milford Port Health Authority (Amendment) Order 2010 and it comes into force on 26 July 2010.
Amendments to the 1991 Order
2
The Milford Port Health Authority Order 1991 is amended as follows:
a
in the Schedule, under the heading “ The Public Health (Control of Disease) Act 1984 (c. 22)
”, for the words —
Part I Administrative and financial provisions Part II (except sections 11 and 12, 21 to 23 and 39 to 42) Control of disease Section 47 Regulations about dead bodies Section 48 Removal of body to mortuary or for immediate burial Section 54 Instruction about health and disease Section 56 Tents vans sheds and similar structures
substitute the following —
Section 45M and all functions conferred under the Health Protection (Part 2A Orders) (Wales) Regulations 2010
Local authority power to apply to a Justice of the Peace for an order to protect human health from risk of infection or contamination Section 46 Burial and cremation Section 48 Removal of body to mortuary or for immediate burial
and
at the end of the Schedule, add —
Health Protection (Local Authority Powers) (Wales) Regulations 2010
Regulation 2 Requirement to keep a child away from school Regulation 3 Requirement to provide details of children attending school Regulation 4 Disinfection or decontamination of things on request of owner Regulation 5 Disinfection or decontamination of things on request of person with custody or control Regulation 6 Disinfection or decontamination of premises on request of the owner Regulation 7 Disinfection or decontamination of premises on request of tenant Regulation 8 Requests for co-operation for health protection purposes Regulation 9 Restriction of contact with dead bodies Regulation 10 Restriction of access to dead bodies Regulation 11 Relocation of dead bodies
Signed by the authority of the Minister for Health and Social Services, one of the Welsh Ministers
David Worthington
Head of Health Protection Division
22 July 2010


text:
Citation and commencement
1
This Order may be cited as the Communications Act 2003 (Disclosure of Information) Order 2010 and shall come into force on the day after the day on which it is made.
Specification as a relevant person
2
An appropriate regulatory authority within the meaning of section 368B of the Communications Act 2003 is specified as a relevant person for the purposes of section 393(3) of that Act (general restrictions on disclosure of information).
Siôn Simon
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
8th February 2010