text:
PART 1 General
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Recognised Auction Platforms Regulations 2011.
2
These Regulations come into force —
a
for the purpose of regulations 1 to 5, 7 to 9 and 11 to 24 of, and Schedules 2 and 3 to, the Regulations, on 12th December 2011;
b
for the purpose of regulations 6 and 10 of, and Schedule 1 to, the Regulations, on 18th June 2012.
3
In these Regulations —
“ the Act ” means the Financial Services and Markets Act 2000 ;
“auction platform” means a platform on which auctions of emissions allowances are held in accordance with the emission allowance auctioning regulation ;
“auction recognition requirements” mean the requirements set out in Part 5 of these Regulations together with any requirements contained in the emission allowance auctioning regulation, or in any directly applicable Community regulation made under the market in financial instruments directive.
“bid” means an offer in an auction of emission allowances to acquire a given volume of allowances at a specified price;
“emission allowance” means an allowance to emit one tonne of carbon dioxide equivalent during a specified period, which is valid for the purposes of meeting the requirements of the emission allowance trading directive, and which is transferable in accordance with the provisions of that directive;
“emission allowance trading directive” means Directive 2003/87/ EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowances trading within the Community ;
“emission allowance auctioning regulation” means Commission Regulation ( EU ) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to the emission allowance trading directive ;
“recognised investment exchange” means an investment exchange other than an overseas investment exchange in relation to which a recognition order has been made under section 290(1)(a);
“recognised auction platform” means a recognised investment exchange in relation to which a recognition order is in force;
“recognition order” means an order made under regulation 2;
4
In these Regulations —
a
unless the contrary intention appears, expressions which are also used in the Financial Services and Markets Act 2000 have the same meaning as in that Act;
b
expressions which are also used in the emission allowance trading directive or the emission allowance auctioning regulation have the same meaning as in that directive or regulation; and
c
reference to a numbered section, unless otherwise stated, is a reference to a section in the Act.
PART 2 Recognised Auction Platforms
Recognition orders
2
1
A recognised investment exchange may apply to the Authority for an order declaring it to be a recognised auction platform for the purposes of these Regulations.
2
The application must be made in such manner as the Authority may direct and must, to the extent required by the Authority, be accompanied by —
a
a copy of the rules for the auction platform;
b
a copy of any guidance for the auction platform issued by the applicant;
c
particulars of the way in which the exchange satisfies the auction recognition requirements; and
d
such other information as the Authority may reasonably require for the purpose of determining the application.
3
If it appears to the Authority that the applicant satisfies the auction recognition requirements, the Authority may make a recognition order declaring the applicant to be a recognised auction platform.
4
At any time after receiving an application and before determining it, the Authority may require the applicant to provide such further information as it reasonably considers necessary to enable it to determine the application.
5
Information which the Authority requires in connection with an application must be provided in such form, or verified in such manner, as the Authority may direct.
6
Different directions may be given, or requirements imposed, by the Authority with respect to different applications.
7
In considering an application, the Authority may have regard to any information which it considers relevant to the application.
8
The application must be determined by the Authority before the end of the period of six months beginning with the date on which it receives the completed application.
9
A recognition order must specify a date on which it is to come into effect.
Authority’s power to give directions
3
1
This regulation applies if it appears to the Authority that a recognised auction platform —
a
has failed, or is likely to fail, to satisfy the auction recognition requirements; or
b
has failed to comply with any other obligation imposed on it by or under these Regulations.
2
The Authority may direct the body to take specified steps for the purpose of securing the body’s compliance with —
a
the auction recognition requirements; or
b
any obligation of the kind in question.
3
Those steps may include —
a
the granting to the Authority of access to the premises of the auction platform for the purpose of inspecting —
i
those premises; or
ii
any documents on the premises which appear to the Authority to be relevant for the purpose mentioned in paragraph (2);
b
the suspension of the carrying on of any regulated activity by the auction platform for the period specified in the direction.
4
A direction under this regulation is enforceable, on the application of the Authority, by an injunction or, in Scotland, by an order for specific performance under section 45 of the Court of Session Act 1988 .
5
The fact that a rule made by a recognised auction platform has been altered in response to a direction given by the Authority does not prevent it from being subsequently altered or revoked by the auction platform.
Revoking recognition
4
1
A recognition order may be revoked by an order made by the Authority at the request, or with the consent, of the recognised auction platform.
2
If it appears to the Authority that a recognised auction platform —
a
is failing, or has failed, to satisfy the auction recognition requirements;
b
has not carried on the business of an auction platform during the period of twelve months beginning with the day on which the recognition order declaring it to be a recognised auction platform took effect in relation to it;
c
has not carried on the business of an auction platform at any time during the period of six months ending with the relevant day; or
d
has failed, or is likely to fail, to comply with any obligation imposed on it by these Regulations, or by the emission allowance auctioning regulation,
it may make an order revoking the recognition order which declared that body to be a recognised auction platform, even though that body does not wish the order to be made.
3
Where the Authority makes a revocation order under section 297 in relation to a recognised investment exchange which is also a recognised auction platform, the Authority shall also make an order revoking the recognition order which declared that body to be a recognised auction platform.
4
The “relevant day”, for the purposes of paragraph (2)(c), is the day on which the power to make an order under paragraph (1) is exercised.
5
An order under this regulation (“a revocation order”) must specify the date on which it is to take effect.
6
In the case of a revocation order made under paragraph (2) or (3), the specified date must not be earlier than the end of the period of three months beginning with the day on which the order is made.
7
An order under paragraph (1) or (2) does not affect that body’s recognition as a recognised investment exchange.
Procedure
5
1
Before refusing to make a recognition order, giving a direction under regulation 3 or making a revocation order under regulation 4, the Authority must —
a
give written notice of its intention to do so to the body which would be affected by the proposed refusal, direction or revocation order;
b
take such steps as it considers reasonably practicable to bring the notice to the attention of members (if any) of that body; and
c
publish the notice in such manner as it thinks appropriate for bringing it to the attention of other persons who are, in its opinion, likely to be affected.
2
A notice under paragraph (1) must —
a
state why the Authority intends to refuse to make the recognition order, to give the direction or to make the revocation order; and
b
draw attention to the right to make representations conferred by paragraph (3).
3
Before the end of the period for making representations —
a
the body which would be affected by the proposed refusal, direction or revocation order,
b
any member of that body, and
c
any other person who is likely to be affected by the proposed refusal, direction or revocation order,
may make representations to the Authority.
4
The period for making representations is —
a
two months beginning —
i
with the date on which the notice is served on the body which would be affected by the proposed refusal, direction or revocation order; or
ii
if later, with the date on which the notice is published; or
b
such longer period as the Authority may allow in the particular case.
5
In deciding whether to —
a
refuse a recognition order,
b
give a direction, or
c
make a revocation order,
the Authority must have regard to any representations made in accordance with paragraph (3).
6
When the Authority has decided whether to refuse a recognition order, give the proposed direction or make the proposed revocation order, it must —
a
give written notice of its intention to do so to the body affected by its decision;
b
if it has decided to refuse a recognition order, give a direction or make a revocation order, take such steps as it considers reasonably practicable for bringing its decision to the attention of members of the body or of other persons who are, in the Authority’s opinion, likely to be affected.
7
If the Authority considers it essential to do so, it may give a direction under regulation 3 —
a
without following the procedure set out in this regulation; or
b
if the Authority has begun to follow that procedure, regardless of whether the period for making representations has expired.
8
If the Authority has, in relation to a particular matter, followed the procedure set out in paragraphs (1) to (5), it need not follow it again if, in relation to that matter, it decides to take action other than that specified in its notice under paragraph (1).
Market abuse on auction platforms
6
Part 8 (penalties for market abuse) of the Act applies in relation to an auction platform as it applies in relation to a prescribed market, but subject to the modifications set out in Schedule 1.
Application of certain provisions of the Act with modifications
7
In its application to a recognised investment exchange that is also a recognised auction platform, Part 18 (recognised investment exchanges and clearing houses) of the Act, apart from Chapter 3A , has effect with the modifications set out in Schedule 2.
Application of Chapter 3A of Part 18 of the Act with modifications
8
In its application to —
a
an EEA market operator (as defined in section 312D ) which operates an auction platform, or
b
a recognised investment exchange which is a recognised auction platform,
Chapter 3A of Part 18 of the Act has effect with the modifications set out in Schedule 3.
PART 3 The Authority
Functions of the Authority
9
1
The Authority is to have the functions conferred on it by these Regulations or by the emission allowance auctioning regulation.
2
Reference in an enactment to —
a
functions conferred on the Authority by or under the Act (or any part of it), or
b
functions of the Authority,
includes a reference to functions conferred on the Authority by these Regulations or by the emission allowance auctioning regulation.
PART 4 Amendments to secondary legislation
Amendment of the Financial Services and Markets Act 2000 (Prescribed Markets and Qualifying Investments) Order 2001
10
1
The Financial Services and Markets Act 2000 (Prescribed Markets and Qualifying Investments) Order 2001 is amended as follows.
2
In article 3, insert after the definition of “the Act” —
“auctioned products” has the meaning given in Article 4 of Commission Regulation (EU) No 1031/2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within the Community;
“emission allowance auctioning regulation” means Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to the emission allowance trading directive;
“recognised auction platform” means a recognised investment exchange in relation to which there is in force a recognition order made under regulation 2 of the Recognised Auction Platforms Regulations 2011 (recognition orders);
.
3
In article 4 —
a
in the heading, insert at the end “and auction platforms”;
b
after paragraph (2), insert —
3
There are prescribed, as auction platforms to which subsections (2), (3), (5), (6) and (7) of section 118 (as modified by the Recognised Auction Platform Regulations 2011) apply, all recognised auction platforms, and all other auction platforms which have been appointed under the emission allowance auctioning regulation.
4
There are prescribed, as auction platforms to which subsections (4) and (8) of section 118 (as modified by the Recognised Auction Platform Regulations 2011) apply, all recognised auction platforms.
5
There are prescribed, as auction platforms to which subsection (8A) of section 118 as inserted by the modifications made to that section by the Recognised Auction Platforms Regulations 2011 applies, all auction platforms which have been appointed under the emission allowance auctioning regulation.
.
4
In article 5 —
a
renumber the existing provision as paragraph (1);
b
in paragraph (1), for “article 4” substitute “article 4(1) and (2)”;
c
after paragraph (1), insert —
2
There are prescribed, as qualifying investments in relation to the auction platforms prescribed by article 4(3) and (4), all auctioned products which are financial instruments within the meaning given in Article 4.1(17) of the market in financial instruments directive.
3
There are prescribed, as qualifying investments in relation to the auction platforms prescribed by article 4(5), all auctioned products which are not financial instruments within the meaning given in Article 4.1(17) of the market in financial instruments directive.
.
Amendment of the Money Laundering Regulations 2007
11
1
The Money Laundering Regulations 2007 are amended as follows.
2
In regulation 2(1), insert at the appropriate place —
“auction platform” has the meaning given by regulation 3(13A);
“the emission allowance auctioning regulation” means Commission Regulation (EU) No. 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within the Community;
.
3
In regulation 3 —
a
after paragraph (1), insert —
1A
Regulations 2, 20, 21, 23, 24, 35 to 42, and 44 to 48 apply to an auction platform acting in the course of business carried on by it in the United Kingdom, and such an auction platform is a relevant person for the purposes of those provisions.
;
b
after paragraph (13), insert —
13A
“Auction platform” means a platform which auctions two-day spot or five-day futures, within the meanings given by Article 3(4) and (5) of the emission allowance auctioning regulation, when it carries out activities covered by that regulation.
.
4
In regulation 20(4) and (5), after “financial institution” insert “and an auction platform”.
5
In regulation 23(1)(a), after paragraph (iv), insert —
v
auction platforms;
.
6
In regulation 24, after paragraph (1), insert —
1A
The Authority, when carrying out its supervisory functions in relation to an auction platform —
a
must effectively monitor the auction platform’s compliance with —
i
the customer due diligence requirements of Articles 19 and 20(6) of the emission allowance auctioning regulation;
ii
the monitoring and record keeping requirements of Article 54 of the emission allowance auctioning regulation; and
iii
the notification requirements of Article 55(2) and (3) of the emission allowance auctioning regulation; and
b
may monitor the auction platform’s compliance with regulations 20 and 21 of these Regulations.
.
7
In regulation 42 —
a
in paragraph (1), after “a relevant person” insert “(except an auction platform)”;
b
after paragraph (1), insert —
1A
A designated authority may impose a penalty of such amount as it considers appropriate on an auction platform which fails to comply with —
a
the customer due diligence requirements of Article 19 or 20(6) of the emission allowance auctioning regulation;
b
the monitoring and record keeping requirements of Article 54 of the emission allowance auctioning regulation; or
c
regulation 20(1), (4) or (5) or 21 of these Regulations;
and, for this purpose, “appropriate” means effective, proportionate and dissuasive.
;
c
in paragraph (2), after “paragraph (1)” insert “or (1A)”.
8
In regulation 45 —
a
in paragraph (1), after “a person” insert “(except an auction platform)”;
b
after paragraph (1), insert —
1A
An auction platform which fails to comply with the customer due diligence requirements of Article 19 or 20(6) of the emission allowance auctioning regulation, the monitoring and record keeping requirements of Article 54 of that regulation, or regulation 20(1), (4) or (5) or 21 of these Regulations, is guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both.
;
c
in paragraph (2), after “paragraph (1)” insert “or (1A)”.
PART 5 Auction Recognition Requirements
Interpretation
12
In this Part —
“bidders” means persons who have been admitted to bid at auctions conducted by the recognised auction platform;
“investor” means any person making a bid at an auction conducted by a recognised auction platform, and any person on whose behalf such a bid is made.
Method of satisfying auction recognition requirements
13
1
In considering whether a recognised auction platform or applicant satisfies the auction recognition requirements, the Authority may —
a
treat compliance by the auction platform or applicant with the recognition requirements applying to it as a recognised investment exchange as conclusive evidence that the auction platform or applicant satisfies any equivalent auction recognition requirements applying to it under these Regulations, taking into account any arrangements that would be necessary to meet the auction recognition requirements, and
b
take into account all relevant circumstances including the constitution of the person concerned.
2
Without prejudice to the generality of paragraph (1), a recognised auction platform or applicant may satisfy auction recognition requirements by making arrangements for functions to be performed on its behalf by any other person.
3
Where a recognised auction platform or applicant makes arrangements of the kind mentioned in paragraph (2) the arrangements do not affect the responsibility imposed by these Regulations on the recognised auction platform or applicant to satisfy the auction recognition requirements, but it is in addition an auction recognition requirement applying to the recognised auction platform or applicant that the person who performs (or is to perform) the functions is a fit and proper person who is able and willing to perform them.
Financial resources
14
1
The auction platform must have financial resources sufficient for the proper performance of its functions as a recognised auction platform.
2
In considering whether this requirement is satisfied, the Authority must (without prejudice to the generality of regulation 13(1)) take account of all the circumstances, including the auction platform’s connection with any person, and any activity carried on by the auction platform, whether or not it is an exempt activity.
Suitability
15
1
The auction platform must be a fit and proper person to perform the functions of a recognised auction platform.
2
In considering whether this requirement is satisfied, the Authority may (without prejudice to the generality of regulation 13(1)) take into account all the circumstances, including the auction platform’s connection with any person.
3
The persons who effectively direct the business and operations of the auction platform must be of sufficiently good repute and sufficiently experienced to ensure the sound and prudent management and operation of the auction platform.
4
The persons who are in a position to exercise significant influence over the management of the auction platform, whether directly or indirectly, must be suitable.
Systems and controls
16
1
The auction platform must ensure that the systems and controls used in the performance of its functions are adequate, and appropriate for the scale and nature of its business.
2
Paragraph (1) applies in particular to systems and controls concerning —
a
the transmission of information;
b
the assessment, mitigation and management of risks to the performance of the auction platform’s functions;
c
the monitoring of bids made by, and transactions effected by, bidders at auctions conducted by the auction platform;
d
the technical operation of the auction platform, including contingency arrangements for disruption to its facilities;
e
the operation of the arrangements mentioned in regulation 17(2)(d) below; and
f
(where relevant) the safeguarding and administration of assets belonging to users of the auction platform’s facilities.
Safeguards for investors
17
1
The auction platform must ensure that business conducted at auctions or otherwise by means of its facilities is conducted in an orderly manner and so as to afford proper protection to investors.
2
Without prejudice to the generality of paragraph (1), the auction platform must ensure that —
a
access to the auction platform’s facilities, including access to bid at auctions conducted by the auction platform, is subject to criteria designed to protect the orderly functioning of —
i
such auction, and
ii
the interests of investors;
b
it has transparent and non-discretionary rules and procedures —
i
to provide for fair and orderly auctions, and
ii
to establish objective criteria for the efficient execution of transactions;
c
appropriate arrangements are made for relevant information to be made available to participants in auctions conducted by the auction platform;
d
satisfactory arrangements are made for securing the timely discharge (whether by performance, compromise or otherwise) of the rights and liabilities of the parties to transactions executed under systems operated by the auction platform;
e
satisfactory arrangements are made for recording transactions executed by bidders at auctions conducted by the auction platform and any other transactions which are cleared or to be cleared by means of its facilities;
f
appropriate arrangements are made to —
i
identify conflicts between the interests of the auction platform, its owners and operators and the interests of bidders, investors and other persons who make use of its facilities or the interests of any market operated by the auction platform in its capacity as a recognised investment exchange;
ii
manage such conflicts so as to avoid adverse consequences for the operation of the auctions conducted by, or markets operated by, the auction platform in its capacity as a recognised investment exchange and for the persons who use its facilities;
g
appropriate measures (including the monitoring of transactions executed under systems operated by the auction platform) are adopted to reduce the extent to which the auction platform’s facilities can be used for a purpose connected with market abuse or financial crime, and to facilitate their detection and monitor their influence; and
h
where the auction platform’s facilities include making provision for the safeguarding and administration of assets belonging to users of those facilities, satisfactory arrangements are made for that purpose.
3
In paragraph (2)(c), “relevant information” means information on the terms of the emission allowance, and the terms on which it will be offered for sale at auction.
Promotion and maintenance of standards
18
1
The auction platform must be able and willing to promote and maintain high standards of integrity and fair dealing in the carrying on of regulated activities by persons in the course of using the facilities provided by the auction platform.
2
The auction platform must be able and willing to co-operate, by the sharing of information or otherwise, with the Authority, with any other authority, body or person having responsibility in the United Kingdom for the supervision or regulation of any regulated activity or other financial service or with an overseas regulator within the meaning of section 195.
Rules and consultation
19
1
The auction platform must ensure that appropriate procedures are adopted for it to make rules, for keeping the rules under review and for amending them.
2
The procedures must include procedures for consulting users of the auction platform’s facilities in appropriate cases.
3
The auction platform must consult users of its facilities on any arrangements it proposes to make for dealing with penalty income in accordance with regulation 22(3).
Access to auctions
20
1
The auction platform must make transparent and non-discriminatory rules, based on objective criteria, governing access to auctions conducted by it or other facilities offered by it.
2
In particular those rules must specify the obligations for bidders, investors and other persons who make use of its facilities arising from —
a
the constitution and administration of the auction platform;
b
rules relating to bids made at auctions conducted by the auction platform, or other transactions executed under systems operated by the auction platform;
c
its professional standards for staff of any bidders; and
d
the rules and procedures for clearing and settlement of transactions executed by bidders.
3
Rules of the auction platform about access to bid at auctions conducted by it must permit the auction platform to give access only to those persons who are eligible to be given access to bid directly in auctions under Article 18 of the emission allowance auctioning regulation.
4
Rules under this regulation must enable —
a
an investment firm authorised under Article 5 of the markets in financial instruments directive, or
b
a credit institution authorised under the banking consolidation directive,
by the competent authority of another EEA State (including a branch established in the United Kingdom of such a firm or institution) to apply for access to bid in auctions conducted by the auction platform on the same terms as an investment firm or credit institution which has a Part IV permission to carry on one or more regulated activities.
5
The auction platform must make arrangements regularly to provide the Authority with a list of bidders.
6
The auction platform may refuse access to its facilities on legitimate commercial grounds.
7
This regulation is without prejudice to the generality of regulation 17.
Choice of settlement facilities
21
1
The rules of the auction platform must permit a bidder to use whatever settlement facility that person chooses for a transaction.
2
Paragraph (1) only applies where —
a
such links and arrangements exist between the chosen settlement facility and any other settlement facility as are necessary to ensure the efficient and economic settlement of the transaction, and
b
the auction platform is satisfied that the smooth and orderly functioning of the auction platform will be maintained.
Discipline
22
1
The auction platform must have —
a
effective arrangements (which include the monitoring of transactions executed under systems operated by the auction platform) for monitoring and enforcing compliance with its rules;
b
effective arrangements for monitoring and enforcing compliance with the arrangements made by it as mentioned in regulation 17(2)(d); and
c
effective arrangements for monitoring transactions effected under systems operated by the auction platform in order to identify disorderly trading conditions.
2
Arrangements made pursuant to paragraph (1) must include procedures for —
a
investigating complaints made to the auction platform about the conduct of persons in the course of using the auction platform’s facilities; and
b
the fair, independent and impartial resolution of appeals against decisions of the auction platform.
3
Where arrangements made pursuant to paragraph (1) include provision for requiring the payment of financial penalties, they must include arrangements for ensuring that any amount so paid is applied only in one or more of the following ways —
a
towards meeting expenses incurred by the auction platform in the course of the investigation of the breach in respect of which the penalty is paid, or in the course of any appeal against the decision of the auction platform in relation to that breach;
b
for the benefit of users of the auction platform’s facilities;
c
for charitable purposes.
Complaints
23
1
The auction platform must have effective arrangements for the investigation and resolution of complaints arising in connection with the performance of, or failure to perform, any of its regulatory functions.
2
But paragraph (1) does not extend to —
a
complaints about the content of rules made by the platform, or
b
complaints about a decision against which the complainant has the right to appeal under procedures of the kind mentioned in regulation 22(2)(b).
3
The arrangements must include arrangements for a complaint to be fairly and impartially investigated by a person independent of the auction platform, and for that person to report on the result of the investigation to the auction platform and to the complainant.
4
The arrangements must confer on the person mentioned in paragraph (3) the power to recommend, if that person considers it appropriate, that the auction platform —
a
makes a compensatory payment to the complainant,
b
remedies the matter complained of,
or takes both of these steps.
5
Sub-paragraph (3) is not to be taken as preventing the platform from making arrangements for the initial investigation of a complaint to be conducted by the platform.
PART 6 Review
Review
24
1
The Treasury must from time to time —
a
carry out a review of regulations 2 to 23,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Treasury must, so far as is reasonable, have regard to how the emission allowance auctioning regulation is implemented in other Member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established by regulations 2 to 23,
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
The first report under this regulation must be published before the end of the period of five years beginning with the last day on which any of regulations 2 to 23 come into force.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Michael Fabricant
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
10th November 2011


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Traffic Management (London Borough of Waltham Forest) Permit Scheme Order 2011 and comes into force on 5th September 2011.
Interpretation
2
In this Order —
“the London Borough of Waltham Forest Permit Scheme” means the permit scheme set out in the Schedule to this Order in terms commonly known as the “London Permit Scheme” which was prepared and submitted to the Secretary of State by the London Borough of Waltham Forest and has been approved by the Secretary of State; and
“specified streets” has the meaning given by regulation 8 of the Traffic Management Permit Scheme (England) Regulations 2007 .
Commencement of Permit Scheme
3
The London Borough of Waltham Forest Permit Scheme comes into effect on 5th September 2011.
Application of Part 8 of the Traffic Management Permit Scheme (England) Regulations 2007
4
Part 8 of the Traffic Management Permit Scheme (England) Regulations 2007 shall apply to the specified streets within the London Borough of Waltham Forest Permit Scheme.
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
2nd August 2011


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Inheritance Tax (Delivery of Accounts) (Excepted Estates) (Amendment) (No. 2) Regulations 2011 and come into force on 1st October 2011.
2
In these Regulations “the principal Regulations ” means the Inheritance Tax (Delivery of Accounts) (Excepted Estates) Regulations 2004 .
Amendment of the principal Regulations
2
In regulation 4 (excepted estates) of the principal Regulations after paragraph (9) insert —
10
Paragraphs (2)(ca), (3)(ca) and (5)(ba) shall not have effect in relation to deaths occurring on or after 6th April 2011.
.
3
In regulation 5A (IHT threshold) of the principal Regulations —
1
In paragraph (6) for “(7)” substitute “(8)(a)”.
2
For paragraph (7) substitute —
7
In this regulation “the alternatively secured pension fund provisions” means the following sections of the 1984 Act —
a
section 151A (person dying with alternatively secured pension fund) ;
b
section 151B (relevant dependant with pension fund inherited from member over 75); and
c
section 151C (dependant dying with other pension fund).
8
In this regulation —
a
paragraph (6) shall have effect in relation to deaths occurring on or after 1st March 2011; and
b
paragraph (7) shall have effect in relation to deaths occurring on or after 6th April 2010.
.
4
1
Regulation 6 (production of information) of the principal Regulations is amended as follows.
2
In paragraph (1) for “paragraph (3)” substitute “paragraphs (3) and (4)”.
3
After paragraph (3) insert —
4
Paragraph (2)(a)(v) and (vi) shall not have effect in relation to information produced to the Board pursuant to paragraph (1) of this regulation on or after 1st March 2011.
.
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
8th September 2011


text:
Citation and commencement
1
This Order may be cited as the Ministerial and other Salaries Act 1975 (Amendment) Order 2011 and comes into force on the day after the day on which it is made.
Amendment of the Ministerial and other Salaries Act 1975
2
The Ministerial and other Salaries Act 1975 is amended in accordance with articles 3 to 7 of this Order.
Speakers’ salaries
3
In section 1 —
a
in subsection (3) , for the annual amount specified as the salary of the Speaker of the House of Commons, substitute £75,766; and
b
in subsection (3A) , for the annual amount specified as the salary of the Speaker of the House of Lords, substitute £101,038.
Alteration of salaries
4
In section 1A —
a
in subsection (1) for the words from “year” to “minimum annual amount,” substitute “relevant period, the annual amount”;
b
after subsection (1) insert —
1A
“Relevant period” means —
a
the period beginning with the day after the day on which the relevant Parliament is dissolved and ending with the following 31st March (“the first relevant period”), and
b
each successive period of 12 months.
1B
The “relevant Parliament” means the Parliament in which subsection (1A) comes into force.
;
c
in subsection (2) for “year” substitute “period”; and
d
after subsection (2) insert —
2A
If the first relevant period does not begin on 1st April, in relation to that period the reference in subsection (2) to 1st April of the period concerned is to be read as a reference to 1st April before the beginning of the first relevant period.
Ministerial salaries
5
For Parts I to IV of Schedule 1 , substitute the provisions in Schedule 1 to this Order.
6
In paragraph 1 of Part V of Schedule 1 —
a
in sub-paragraph (1) omit the words from the first “or” to the end; and
b
after sub-paragraph (2) insert —
3
For the purposes of this Schedule a person is a member of the House of Commons for the period beginning with the day after the day of the poll for the parliamentary election at which the person is elected, and ending with —
a
if the person is a member immediately before Parliament is dissolved, the day of the poll for the parliamentary general election which follows the dissolution;
b
otherwise, the day on which the person ceases to be a member.
Opposition Leaders’ and Whips’ salaries
7
For Part I of Schedule 2 , substitute the provisions in Schedule 2 to this Order.
Judith Simpson
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Finance (No. 3) Act 2010, Schedule 11 (Appointed Day) Order 2011.
Appointed day
2
25th January 2011 is the day appointed for the coming into force of —
a
sub-paragraphs (3), (5), (6) and (12) of paragraph 2, and
b
paragraphs 4 and 6,
of Schedule 11 to the Finance (No. 3) Act 2010 (penalty for failure to make payments on time).
3
25th January 2011 is the day appointed for the coming into force of paragraph 10 of Schedule 11 to the Finance (No. 3) Act 2010 for the purposes of the following amounts of tax specified in column 3 of the Table in paragraph 1 of Schedule 56 to the Finance Act 2009 (penalty for failure to make payments on time) —
a
item 2 ( PAYE regulations), item 3 (returns under section 254(1) of the Finance Act 2004) and item 4 (section 62 of the Finance Act 2004); and
b
items 17, 23 and 24 but only insofar as the tax falls within any of items 2, 3 or 4.
Angela Watkinson
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
25th January 2011


text:
Citation and commencement
1
These Rules may be cited as the Local Elections (Parishes and Communities) (England and Wales) (Amendment) Rules 2011 and come into force on 24th March 2011.
Amendment of the Local Elections (Parishes and Communities) (England and Wales) Rules 2006
2
1
Schedule 2 (Rules for Conduct of an Election of Councillors of a Parish or Community where Poll is not taken together with Poll at another Election) and Schedule 3 (Rules for Conduct of an Election of Councillors of a Parish or Community where the Poll is taken together with the Poll at a Relevant Election or Referendum) to the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 are amended as follows.
2
After rule 16(3) in each Schedule insert —
3A
If a candidate who is the subject of an authorisation by two or more parties under rule 5(3) so requests, the ballot paper must contain, against the candidate’s particulars, the registered emblem (or, as the case may be, one of the registered emblems) of one of those parties.
.
3
In rule 16(4) in each Schedule, after the words “under paragraph (3)” insert “or (3A)”.
Mark Harper
Parliamentary Secretary (Minister for Political and Constitutional Reform)
Cabinet Office
28th February 2011


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 2011 and come into force on 15th March 2011.
Amendment of Regulations
2
The Road Vehicles (Construction and Use) Regulations 1986 are amended as follows.
End-of-series exemption
3
After regulation 61B, insert —
End-of-series exemption
61C
1
The emissions requirements in European Community Regulation 715/2007 shall have effect for category N 1 class I end-of-series vehicles from the first anniversary of the relevant date.
2
The emissions requirements in European Community Regulation 595/2009 shall have effect for category N 2 and N 3 end-of-series vehicles from the first anniversary of the relevant date.
3
For the purpose of this regulation, “relevant date” means —
a
for category N1 class I vehicles, 1st January 2011, and
b
for category N2 and N3 vehicles, 31st December 2013.
4
For the purpose of paragraphs (1) and (2), a vehicle is an end-of-series vehicle if —
a
at least three months before the relevant date, a certificate of conformity or a sub-MAC was in force for the vehicle, and the MAC or TAC (as the case may be) had been issued by virtue of an emissions requirement that —
i
then applied to the vehicle, but
ii
ignoring this regulation, would have ceased to apply on the relevant date; and
b
it is in the territory of an EEA state on the relevant date.
5
In this regulation —
“category N 1 class I” means a motor vehicle with at least 4 wheels designed or constructed for the carriage of goods and having a reference mass not exceeding 1,305 kilograms;
“category N 2 and N 3 ” have the meaning given in Annex II to Community Directive 2007/46;
“MAC” means a Minister’s approval certificate issued under section 58(1) of the 1988 Act;
“reference mass” has the meaning given in Article 3(3) of European Community Regulation 715/2007;
“sub-MAC” means a Minister’s approval certificate issued under section 58(4) of the 1988 Act; and
“TAC” means a type approval certificate.
Signed by authority of the Secretary of State
Norman Baker
Parliamentary Under Secretary of State
Department of Transport
15th February 2011


text:
Citation and commencement
1
1
These Regulations may be cited as the Merchant Shipping (Ship-to-Ship Transfers) (Amendment) Regulations 2011.
2
They come into force on 31st March 2011.
Amendment of the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010
2
1
Regulation 1 of the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 is amended as follows.
2
In paragraph (2) for “1st October 2011” substitute “1st April 2012”.
3
In paragraph (3) for “1st April 2011” substitute “1st October 2011”.
4
In paragraph (3)(a) for “1st October 2011” substitute “1st April 2012”.
5
In paragraph (4) for “1st April 2011” substitute “1st October 2011”.
Signed by authority of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
23rd March 2011


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Intelligent Transport Systems) (Exemption) Regulations 2011 and shall come into force on 31st December 2011.
Revocation
2
The Wireless Telegraphy (Vehicle Based Intelligent Transport Systems) (Exemption) Regulations 2009 are revoked.
Interpretation
3
In these Regulations —
a
“ dBm ” means decibels of power referenced to one milliWatt;
b
“ e.i.r.p. ” means equivalent isotropic radiated power;
c
“ ETSI ” means the European Telecommunications Standards Institute;
d
“intelligent transport system” means a system or service, based on information and communications technologies, including processing, control, positioning, communication and electronics, that is applied to a road transportation system; and
e
“ MHz ” means megahertz.
Exemption
4
The establishment, installation and use of wireless telegraphy stations or wireless telegraphy apparatus within the frequency band 5875 MHz to 5905 MHz complying with the terms, provisions and limitations in regulation 5 is hereby exempt from the provisions of section 8(1) of the Wireless Telegraphy Act 2006.
Terms, provisions and limitations
5
The wireless telegraphy stations or wireless telegraphy apparatus must —
a
be, or be part of, a safety-related intelligent transport system;
b
only emit emissions which when measured in any direction have —
i
a maximum mean e.i.r.p. density of 23 dBm per MHz; and
ii
a maximum mean e.i.r.p. of 33 dBm;
c
use techniques to mitigate interference that provide at least equivalent performance to the techniques described in ETSI standard EN302 571 (version 1.1.1) ; and
d
not cause or contribute to undue interference to any wireless telegraphy.
Hyacinth S. Nwana
Group Director, Spectrum Policy Group of the Office of Communications
For and by authority of the Office of Communications
8th December 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the NHS Bodies (Transfer of Trust Property) Order 2011 and shall come into force on 22nd December 2011.
2
In this Order —
“the relevant new Trust” means in relation to any relevant old Trust listed in column 1 of the Schedule, the body which is listed adjacent to it in column 2 of that Schedule;
“the relevant old Trust” means a body listed in column 1 of the Schedule;
“the trust property” means the property specified in a schedule of trust property prepared and agreed by the relevant old Trust and the relevant new Trust and signed on behalf of —
the relevant old Trust on the date specified in column 3 of the Schedule; and
the relevant new Trust on the date specified in column 4 of the Schedule.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the relevant old Trust to the relevant new Trust.
2
Following the transfers in paragraph (1) any reference in any instrument relating to the trust property, to the trustees of the trust property or to the relevant old Trust shall be construed as a reference to the relevant new Trust.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
15th November 2011


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Qualifying Child Care) Regulations 2011 and come into force on 6th April 2011.
Amendment of section 318(5)(a) of the Income Tax (Earnings and Pensions) Act 2003
2
In section 318(5)(a) of the Income Tax (Earnings and Pensions) Act 2003 for “Part 10A of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010 ”.
Amendments of section 318C of the Income Tax (Earnings and Pensions) Act 2003
3
1
Section 318C of the Income Tax (Earnings and Pensions) Act 2003 (meaning of “qualifying child care”) is amended as follows.
2
In subsection (3) (Wales) —
a
in paragraph (a) for “Part 10A of the Children Act 1989 ” substitute “Part 2 of the Children and Families (Wales) Measure 2010”,
b
for paragraph (b) substitute —
b
by a person in circumstances where, but for article 11, 12 or 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010 , the care would be day care for the purposes of Part 2 of the Children and Families (Wales) Measure 2010,
, and
c
for paragraph (g) substitute —
g
by a foster parent in relation to a child (other than one whom the foster parent is fostering) in circumstances where, but for the fact that the child is too old, the care would be —
i
child minding, or day care, for the purposes of Part 2 of the Children and Families (Wales) Measure 2010, or
ii
qualifying child care for the purposes of the Tax Credits (Approval of Child Care Providers) (Wales) Scheme 2007 .
.
3
In subsection (4) (Scotland) —
a
at the end of paragraph (a), insert “or”, and
b
omit paragraph (c) (and the “or” at the end of paragraph (b)).
4
In subsection (5) (Northern Ireland) —
a
omit paragraph (d) (and the “or” at the end of it), and
b
at the end of paragraph (e) insert —
, or
f
by a foster parent in relation to a child (other than one whom the foster parent is fostering) in circumstances where, but for the fact that the child is too old, the care would be —
i
child minding, or day care, for the purposes of Part XI of the Children (Northern Ireland) Order 1995 , or
ii
qualifying child care for the purposes of the Tax Credits (Approval of Home Child Care Providers) Scheme (Northern Ireland) 2006 .
.
5
In subsection (7) (exclusions), in paragraph (d), omit “foster carer or kinship carer” and “or is looking after as the child’s kinship carer”.
6
Omit subsection (11) (definitions) .
Angela Watkinson
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 2011


text:
Citation
1
This Order may be cited as the Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No. 3) Order 2011.
Provisions coming into force on 1st September 2011
2
Section 2(1)(d) of the Corporate Manslaughter and Corporate Homicide Act 2007 (duty owed to a person in custody etc. to be a relevant duty of care) comes into force on 1st September 2011.
Signed by the authority of the Secretary of State
McNally
Minister of State
Ministry of Justice
25th July 2011


text:
Title and Commencement
1
1
The title of this Order is the Swansea (Communities) Order 2011.
2
For any purpose set out in regulation 4(1) of the Regulations , this Order comes into operation on the day after that on which it is made.
3
For all other purposes, this Order comes into force on the ordinary day of election of councillors in 2012, which is the appointed day for the purposes of the Regulations.
Interpretation
2
In this Order —
“existing” (“ presennol ”), in relation to a local government or electoral area, means that area as it exists immediately before the appointed day;
“new” (“ newydd ”), in relation to a local government or electoral area, means that area as established by this Order;
“the Regulations” (“ y Rheoliadau ”) means the Local Government Area Changes Regulations 1976 ;
any reference to a map means one of the 22 maps marked “Map of the Swansea (Communities) Order 2011”, duly labelled “A” to “V” for reference and deposited in accordance with regulation 5 of the Regulations;
any reference to an electoral division is a reference to an electoral division of the City and County of Swansea; and
where a boundary is shown on a map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.
Llangyfelach and Pontlliw and Tircoed — change in community areas
3
The parts of the community of Llangyfelach shown hatched on Map A are transferred to the community of Pontlliw and Tircoed.
Morriston, Mynyddbach and Llangyfelach — change in community areas and consequential change to electoral divisions
4
The part of the community of Mynyddbach shown hatched on Map B and the part of the community of Morriston shown hatched on Map K —
a
are transferred to the community of Llangyfelach; and
b
form part of the electoral division of Llangyfelach.
Castle, Cockett and Townhill — change in community areas and consequential change to electoral divisions
5
The part of the community of Cockett shown hatched on Map C and the part of the community of Castle shown hatched on Map L —
a
are transferred to the community of Townhill; and
b
form part of the electoral division of Townhill.
Penderry and Cockett — change in community areas and consequential change to electoral divisions
6
The parts of the community of Penderry shown hatched on Maps D and E —
a
are transferred to the community of Cockett; and
b
form part of the electoral division of Cockett.
Landore and Morriston — change in community areas and consequential change to electoral divisions
7
The part of the community of Landore shown hatched on Map F —
a
is transferred to the community of Morriston; and
b
forms part of the electoral division of Morriston.
Bonymaen and Llansamlet — change in community areas and consequential change to electoral divisions
8
The parts of the community of Bonymaen shown hatched on Map G —
a
are transferred to the community of Llansamlet; and
b
form part of the electoral division of Llansamlet.
Llwchwr and Penllergaer — change in community areas and consequential changes to electoral arrangements
9
The part of the community of Llwchwr shown hatched on Map H —
a
is transferred to the community of Penllergaer;
b
forms part of the Penllergaer East ward of the community of Penllergaer; and
c
forms part of the electoral division of Penllergaer.
Morriston and Clydach — change in community areas and consequential changes to electoral divisions
10
The part of the community of Morriston shown hatched on Map J —
a
is transferred to the community of Clydach;
b
forms part of the Graigfelen ward of the community of Clydach; and
c
forms part of the electoral division of Clydach.
Upper Killay and Dunvant — change in community areas and consequential change to electoral divisions
11
The part of the community of Upper Killay shown hatched on Map I —
a
is transferred to the community of Dunvant; and
b
forms part of the electoral division of Dunvant.
Cwmbwrla and Penderry — change in community areas and consequential change to electoral divisions
12
The part of the community of Cwmbwrla shown hatched on Map M —
a
is transferred to the community of Penderry; and
b
forms part of the electoral division of Penderry.
Gorseinon and Grovesend and Waungron — change in community areas and consequential change to electoral arrangements
13
The part of the community of Gorseinon shown hatched and denoted (a) on Map N —
a
is transferred to the community of Grovesend and Waungron; and
b
forms part of the electoral division of Penyrheol.
14
The part of the community of Grovesend and Waungron shown hatched and denoted (b) on Map N —
a
is transferred to the community of Gorseinon;
b
forms part of the Gorseinon East ward of the community of Gorseinon; and
c
forms part of the electoral division of Gorseinon.
Gorseinon and Llwchwr — change in community areas and consequential change to electoral arrangements
15
The part of the community of Llwchwr shown hatched and denoted (a) on Map O —
a
is transferred to the community of Gorseinon;
b
forms part of the Gorseinon West ward of the community of Gorseinon; and
c
forms part of the electoral division of Penyrheol.
16
The part of the community of Gorseinon shown hatched and denoted (b) on Map O —
a
is transferred to the community of Llwchwr;
b
forms part of the Upper Loughor ward of the community of Llwchwr; and
c
forms part of the electoral division of Upper Loughor.
17
The part of the community of Gorseinon shown hatched on Map P —
a
is transferred to the community of Llwchwr;
b
forms part of the Garden Village ward of the community of Llwchwr; and
c
forms part of the electoral division of Kingsbridge.
Penllergaer and Gorseinon — change in community areas and consequential change to electoral arrangements
18
The part of the community of Penllergaer shown hatched on Map Q —
a
is transferred to the community of Gorseinon;
b
forms part of the Gorseinon East ward of the community of Gorseinon; and
c
forms part of the electoral division of Gorseinon.
19
In the community of Gorseinon the number of councillors to be elected for the Gorseinon Central ward is 3, for the Gorseinon East ward is 4, for the Gorseinon West ward is 3 and for the Penyrheol ward is 5.
Llanrhidian Higher — change in community areas and creation of new community of Three Crosses and consequential changes to electoral arrangements
20
1
The existing Three Crosses ward of the community of Llanrhidian Higher is transferred to, and constitutes, the new community named Three Crosses shown on Map R as area marked “Three Crosses”.
2
The new community of Three Crosses forms part of the electoral division of Fairwood.
3
The part of the Penclawdd ward of the community of Llanrhidian Higher shown hatched on Map S is transferred to the ward of Llanmorlais in that community.
4
In the community of Llanrhidian Higher the number of councillors to be elected for the Llanmorlais ward is 4 and for the Penclawdd ward is 6.
Three Crosses — community council
21
1
There is to be a council for the new community of Three Crosses.
2
The number of councillors to be elected for the new community of Three Crosses is 7.
3
The annual meeting for 2012 of the new community council of Three Crosses is to be convened by the officer appointed by the City and County of Swansea for that purpose.
Initial expenses of new community council, etc
22
1
In this article —
“the 1992 Act ” (“ Deddf 1992 ”) means the Local Government Finance Act 1992 ;
“the 1995 Regulations ” (“ Rheoliadau 1995 ”) means the Local Authorities (Precepts) (Wales) Regulations 1995 ;
“the new community council” (“ y cyngor cymuned newydd ”) means the new community council of Three Crosses;
“the prospective billing authority” (“ y darpar awdurdod bilio ”) means the City and County of Swansea Council;
“the relevant financial year” (“ y flwyddyn ariannol berthnasol ”) means the financial year beginning on 1 April 2012.
2
Section 41 of the 1992 Act (issue of precepts by local precepting authorities) has effect —
a
in relation to the new community council, the prospective billing authority and the relevant financial year; and
b
as respects the period beginning on 1 April 2012 and ending immediately before the day on which there is issued by the new community a precept for the relevant financial year, with the substitution for subsection (3) of the following subsection —
3
In making calculations in accordance with section 32 above (originally or by way of substitute) the billing authority shall take into account for the purposes of its estimate under section 32(2)(a) above an amount equal to that specified in article 23(6) of the Swansea (Communities) Order 2011.
.
3
In relation to the new community council, the prospective billing authority and the relevant financial year —
a
section 32 of the 1992 Act (calculation of budget requirement by billing authorities) has effect with the omission of subsection (6);
b
section 41(4) of the 1992 Act has effect with the substitution for the words “March in the financial year preceding that for which it is issued” of the words “October in the financial year for which it is issued”; and
c
the references in sections 52X(1) (calculations to be net of precepts) and 52Y(2) (information for purposes of Chapter 4A) of the 1992 Act to the aggregate amount of precepts anticipated by a billing authority in pursuance of regulations under section 41 shall have effect as if the aggregate amount included the amount specified in paragraph (6) of this article.
4
In relation to the amount taken into account for the purposes of section 32(2)(a) of the 1992 Act by virtue of paragraph (2) above, Chapter III of Part I of the 1992 Act (setting of council tax) is to have effect as if —
a
the amount were an item mentioned in section 35(1) of the 1992 Act (special items) which related to the new community; and
b
the area of the prospective billing authority included the new community.
5
The new community council must make the calculations required by section 50 of the 1992 Act (calculation of budget requirement by local precepting authorities) for the relevant financial year so as to secure that the amount calculated as its budget requirement for that year does not exceed the amount specified in paragraph (6) of this article.
6
The amount to be notified in accordance with this paragraph must be notified in writing by the Welsh Ministers to the billing authority and the new community council.
7
In relation to the new community council, the prospective billing authority and the relevant financial year, the 1995 Regulations have effect as if —
a
regulation 5 (information on schedules of instalments) were omitted;
b
in paragraph 8 of Part II of the Schedule (rules for determination of schedules of instalments) —
i
in sub-paragraphs (1), (2) and (3) in each case the second “or” and the words following to the end of each sub-paragraph were omitted; and
ii
in sub-paragraph (1)(a) for “April” were substituted “May”.
Castle and Landore — change in community areas and consequential change to electoral divisions
23
The part of the community of Castle shown hatched on Map T —
a
is transferred to the community of Landore; and
b
forms part of the electoral division of Landore.
Bishopston and Pennard — change in community areas and consequential change to electoral divisions
24
The parts of the community of Pennard shown hatched on Maps U and V —
a
are transferred to the community of Bishopston;
b
form part of the Bishopston ward of the community of Bishopston; and
c
form part of the electoral division of Bishopston.
Carl Sargeant
Minister for Local Government and Communities, one of the Welsh Ministers
6 December 2011


text:
PART 1 Introductory
Citation, commencement and duration
1
1
These Regulations may be cited as the London Olympic Games and Paralympic Games (Advertising and Trading) (England) Regulations 2011.
2
They come into force on the day after the day on which they are made.
3
They cease to have effect at the end of 11th September 2012.
Application
2
1
These Regulations apply only to —
a
places in, and
b
things done in or in respect of,
England including the territorial sea adjacent to England .
2
The following provisions bind the Crown —
a
regulations 5 to 11 , and
b
regulations 3 (including Schedules 1 and 2), 4 , 16 , and 17 to the extent that they relate to advertising activity.
3
But nothing in these Regulations makes the Crown liable for an offence.
General interpretation
3
In these Regulations —
“ the Act ” means the London Olympic Games and Paralympic Games Act 2006,
“article” includes a living thing,
“building” means a permanent building but excludes a telephone kiosk,
“event zone” has the meaning given in Schedule 1,
“licence” includes any kind of consent, certificate, permission or authority (by whatever name) granted by a landowner, local authority or other person in accordance with any enactment, Charter or other document,
“newspaper or periodical” does not include a newspaper or periodical intended specifically to advertise one or more of the following in an event zone during the relevant event period or periods —
a good or service,
a person who provides a good or service,
“railway station” includes all of the following types of station —
a London Underground station,
a Greater Manchester Metrolink station,
a Tyne and Wear Metro station,
“receptacle” means anything which is used (whether or not constructed or adapted for such use) as a container for or for the display of any article, including —
any vehicle, trailer or barrow, or
any basket, bag, box, vessel, stall, stand, easel, board, or tray,
“relevant event period” means, in relation to an event zone, a period of time indicated in column (2) of the table in Schedule 2 that is adjacent to the event zone in column (1) of that table,
“telephone kiosk” has the same meaning as in Schedule 3 to the Town and Country Planning Regulations , and
“the Town and Country Planning Regulations” means the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 .
Effect on other legislation &c.
4
1
Nothing in these Regulations —
a
authorises a person to do anything that is prohibited (whether in a particular place or generally) by or under any enactment or rule of law, or
b
affects a requirement of any enactment or rule of law that a person hold a licence before engaging in particular activity (whether in a particular place or generally).
PART 2 Advertising Activity
Interpretation of this Part
5
1
In this Part —
“advertisement” means any word, letter, image, mark, sound, light, model, sign, placard, board, notice, screen, awning, blind, flag, device, costume or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purpose of, promotion, advertisement, announcement or direction,
“advertiser” means a person who engages in advertising activity,
“advertising activity” means —
displaying an advertisement, or
distributing or providing promotional material,
“advertising attire” means —
a costume that is an advertisement, or
clothing on which an advertisement is displayed,
“ambush marketing campaign” means a campaign (whether consisting of one act or a series of acts) intended specifically to advertise one or more of the following in an event zone during the relevant event period or periods —
a good or service,
a person who provides a good or service,
“displaying an advertisement” includes (without prejudice to the generality of that expression) —
projecting, emitting, screening or exhibiting an advertisement,
carrying or holding an advertisement or an apparatus by which an advertisement is displayed,
providing for —
an advertisement to be displayed on an animal, or
an apparatus by which an advertisement is displayed to be carried or held by an animal,
doing one or more of the following as part of an ambush marketing campaign —
carrying or holding personal property on which an advertisement is displayed,
wearing advertising attire,
displaying an advertisement on an individual’s body,
“not-for-profit body” means a body which, by virtue of its constitution or any enactment —
is required (after payment of outgoings) to apply the whole of its income, and any capital which it expends, for charitable or public purposes, and
is prohibited from directly or indirectly distributing amongst its members any part of its assets (other than for charitable or public purposes),
“promotional material” means a document or article distributed or provided wholly or partly for the purpose of promotion, advertisement, announcement or direction.
2
In this Part, a reference to a person who engages in advertising activity is to be treated as including a person to whom regulation 6(2) applies.
3
Advertising activity that consists of the display of an advertisement on a personal communication device is not to be treated as advertising activity for the purposes of this Part unless the advertiser intends the advertisement to be displayed, by means of the device, to the public at large (rather than only to the individual using the device).
4
In paragraph (3) , “personal communication device” means a mobile telephone or other personal interactive communication device.
Control of advertising activity
6
1
A person must not engage in advertising activity in an event zone during the relevant event period or periods.
2
A person is to be treated as contravening paragraph (1) if that person arranges (at any time and in any place) for advertising activity to take place in an event zone during the relevant event period or periods.
3
A person is also to be treated as contravening paragraph (1) if advertising activity in an event zone during the relevant event period or periods —
a
relates to a good, service, business or other concern in which the person has an interest or for which the person is responsible, or
b
takes place on land, premises or other property that the person owns or occupies or of which the person has responsibility for the management.
4
Without prejudice to the generality of paragraph (3) —
a
a person is to be treated as having an interest in or responsibility for a business or other concern if that person is an officer of the business or concern,
b
a person is to be treated as having an interest in or responsibility for a good or service if that person is an officer of a business or other concern that has an interest in or is responsible for the good or service, and
c
a person is to be treated as having responsibility for the management of land, premises or other property if that person is an officer of a business or other concern that owns, occupies or has responsibility for the management of the land, premises or other property.
5
In paragraph (4) , “an officer” means a director, manager, secretary or other similar officer.
6
This regulation applies in relation to advertising activity whether or not it consists of the result or continuation of activity carried out before these Regulations came into force.
Exception for demonstrations, &c
7
1
Regulation 6 does not apply to advertising activity intended to —
a
demonstrate support for or opposition to the views or actions of any person or body of persons,
b
publicise a belief, cause or campaign, or
c
mark or commemorate an event.
2
But this exception does not apply to advertising activity that promotes or advertises —
a
a good or service, or
b
a person or body (excluding a not-for-profit body) that provides a good or service.
Exception for individuals wearing advertising attire, displaying advertisements on their bodies, or carrying personal property
8
1
Regulation 6 does not apply to an individual who engages in advertising activity only by doing one or more of the following, unless the individual knows or has reasonable cause to believe that he or she is participating in an ambush marketing campaign —
a
wearing advertising attire,
b
displaying an advertisement on the individual’s body,
c
carrying or holding personal property on which an advertisement is displayed.
2
The fact that this exception applies to an individual does not affect the application of regulation 6 to any other person (whether in respect of the same advertising activity or otherwise).
Exceptions modelled on the Town and Country Planning Regulations
9
1
Regulation 6 does not apply to advertising activity that consists of —
a
the display of an advertisement within a Class specified in column (1) of Schedule 1 to the Town and Country Planning Regulations so long as the display or (as the case may be) the advertisement complies with the conditions referred to in regulation 1(3) of those Regulations, or
b
the display of an advertisement within a Class specified in Part 1 of Schedule 3 to the Town and Country Planning Regulations subject to the conditions and limitations referred to in regulation 6(1)(a) and (b) of those Regulations.
2
But this exception does not apply to the display of any of the following advertisements —
a
an advertisement within Class A (advertisements displayed on enclosed land) where the enclosed land on which the advertisement is displayed is —
i
a railway station (and its yards) or bus station (together with its forecourt, whether enclosed or not), or
ii
enclosed land (including a sports stadium or other building) on or in which a London Olympic Event is taking place or to take place,
b
an advertisement within Class C (advertisements incorporated in the fabric of buildings) that was not in existence on the date on which these Regulations came into force,
c
an advertisement within Class I (advertisements displayed inside buildings), other than an exempt business advertisement, where the building in which the advertisement is displayed —
i
is or forms part of a railway station or bus station, or
ii
is a sports stadium or other building in which a London Olympic Event is taking place or to take place,
d
an advertisement within Class 1B (advertisements displayed by local planning authorities) that —
i
is not displayed wholly for the purpose of announcement or direction in relation to any of the functions of the local planning authority by which it is displayed, and
ii
is not reasonably required to be displayed for the safe or efficient performance of those functions,
e
an advertisement within Class 3D (advertisements announcing local events and activities) that promotes or advertises —
i
a good or service, or
ii
a person or body (excluding a not-for-profit body) that provides a good or service,
f
an advertisement within Class 3F (advertisements relating to travelling circuses, fairs or similar travelling entertainments),
g
an advertisement within Class 7B (flags on residential development sites) that does not relate to the development or to a person carrying out the development or an aspect of the development,
h
an advertisement within Class 8 (advertisements on hoardings),
i
an advertisement within Class 9 (advertisements on highway structures),
j
an advertisement within Class 12 (advertisements displayed inside buildings), other than an exempt business advertisement, where the building in which the advertisement is displayed —
i
is or forms part of a railway station or bus station, or
ii
is a sports stadium or other building in which a London Olympic Event is taking place or to take place,
k
an advertisement within Class 13 (advertisements on sites used for preceding ten years for display of advertisements without express consent),
l
an advertisement within Class 14 (advertisements displayed after expiry of express consent),
m
an advertisement within Class 15 (advertisements on balloons), and
n
an advertisement within Class 16 (advertisements on telephone kiosks).
3
In this regulation —
a
“exempt business advertisement” means an advertisement (whether illuminated or not) displayed on business premises within a building (or a forecourt associated with such premises) that refers wholly to any or all of the following: the business carried on, the goods or services provided, or the name or qualifications of the person carrying on the business or providing the goods or services, on those premises,
b
a reference to a “Class” of advertisement is a reference to the corresponding Class of advertisement in Schedule 1 or (as the case may be) 3 to the Town and Country Planning Regulations , and
c
“business premises” and “forecourt” have the same meanings as in Schedule 3 to the Town and Country Planning Regulations .
4
For the purposes of this regulation —
a
Part 2 of Schedule 3 to the Town and Country Planning Regulations applies for the interpretation of that Schedule,
b
a reference to a building or a railway station in Schedule 1 or 3 to the Town and Country Planning Regulations is to be construed in accordance with the relevant definition in regulation 3 of these Regulations,
c
a reference to displaying an advertisement (however phrased) in Schedule 1 or 3 to the Town and Country Planning Regulations is to be construed in accordance with regulation 5 of these Regulations, and
d
a reference to a vehicle in Schedule 1 to the Town and Country Planning Regulations includes a bicycle.
Other exceptions
10
1
Regulation 6 does not apply to advertising activity of a description falling within paragraphs (2) to (7) .
2
Displaying an advertisement that is employed wholly as —
a
a memorial, or
b
a railway signal,
3
Distributing or providing a current newspaper or periodical.
4
Advertising activity undertaken in accordance with a condition attached to an authorisation granted under regulation 15 (trading activity authorised by the Olympic Delivery Authority &c.).
5
Displaying an advertisement on an aircraft for one or more of the following purposes —
a
complying with the law of the United Kingdom or any other country, being law in force in relation to the aircraft,
b
securing the safety of the aircraft or any person or property therein,
c
the furtherance, by or on behalf of a Government department, by a person acting under any public duty or by a person providing ambulance or rescue facilities by air, of measures in connection with circumstances, existing or imminent at the time the aircraft is used, which may cause danger to persons or property,
d
civil defence, military or police purposes.
6
Displaying a mark or inscription (other than an illuminated sign) on the body of an aeroplane or helicopter.
7
Displaying an advertisement on an item of street furniture provided that the advertisement —
a
is not illuminated,
b
bears only the name, contact details and device (or any one or more of those things) of the manufacturer, owner and operator of the street furniture (or any one or more of those persons), and
c
is not displayed as part of an ambush marketing campaign.
8
Paragraph (3) does not apply to the distribution or provision of a current newspaper or periodical in a street if the distribution or provision is done from a receptacle that causes undue interference or inconvenience to persons using the street.
Advertising undertaken or authorised by the London Organising Committee
11
1
Regulation 6 does not apply to advertising activity undertaken or controlled by —
a
the London Organising Committee , or
b
any person authorised by the Committee (whether or not subject to terms and conditions imposed by the Committee and whether or not in accordance with a sponsorship or other commercial agreement with the Committee).
2
Subject to these Regulations, the Committee has an absolute discretion in respect of each application to it for authorisation.
3
The Committee must have regard to the provisions of the Host City Contract before engaging in advertising activity or granting an authorisation under this regulation.
4
The Committee’s right to engage in advertising activity pursuant to this regulation and any authorisation granted by it are subject to all of the following conditions —
a
that the advertiser must hold any licence which, in addition to authorisation by or under this regulation, is required before a person may engage in advertising activity (whether in a particular place or generally),
b
that no advertisement be sited or displayed so as to —
i
endanger persons using any highway, railway, waterway, dock, harbour or aerodrome,
ii
obscure, or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by water or air, or
iii
hinder the operation of any device used for the purpose of security or surveillance or for measuring the speed of any vehicle,
c
that the advertiser maintain any advertisement in a condition that does not —
i
impair the visual amenity of the site, or
ii
endanger the public.
PART 3 Trading Activity
Interpretation of this Part
12
1
In this Part —
a
a reference to a person who engages in trading activity is to be treated as including a person to whom regulation 13(2) applies,
b
a reference (however phrased) to selling an article includes exposing or offering an article for sale,
c
a reference (however phrased) to supplying a service includes offering to supply a service,
d
“motor vehicle” has the same meaning as in the Road Traffic Act 1988 ,
e
“open public place” means —
i
a highway, or
ii
another place —
aa
to which the public have access (whether generally or only for the purpose of the trading activity), and
bb
which is not in a building other than one designed or generally used for the parking of cars,
f
“performance of a play” means performance of any dramatic piece, whether involving improvisation or not —
i
which is given wholly or in part by one or more persons actually present and performing, and
ii
in which the whole or a major proportion of what is done by the person or persons performing, whether by way of speech, singing or action, involves the playing of a role,
g
“public entertainment” means entertainment of one of the following descriptions provided for members of the public —
i
a performance of live music,
ii
any playing of recorded music,
iii
a performance of dance,
iv
a performance of a play,
v
entertainment of a similar description to that falling within sub-paragraphs ( i) to (iv) ,
h
“selling an article” includes (without prejudice to the generality of that term) trading by a person acting as a pedlar (whether or not under the authority of a pedlar’s certificate granted under the Pedlars Act 1871 ),
i
“trading activity” means carrying out one or more of the following activities in an open public place —
i
selling an article,
ii
supplying a service,
iii
making an appeal to members of the public to give money (by whatever means) or other property (or both) for charitable or other purposes (whether or not authorised by or under any enactment),
iv
providing public entertainment for gain or reward.
2
In determining whether activity amounts to trading activity for the purposes of this Part the following matters are to be disregarded —
a
the fact that gain or reward arising from the activity does not accrue to the person actually carrying out the activity,
b
the fact that either party to a transaction is not in an open public place when one of the following activities occurs —
i
an offer or exposure for sale of an article,
ii
an offer to supply a service,
iii
the completion of the transaction,
c
the fact that a transaction is not completed in an open public place, if one of the following activities occurs in such a place —
i
an offer or exposure for sale of an article,
ii
an offer to supply a service,
d
the fact that an article actually sold or service actually supplied is different from that offered or exposed for sale.
Control of trading
13
1
A person must not engage in trading activity in an event zone during the relevant event period or periods.
2
A person is to be treated as contravening paragraph (1) if that person arranges (at any time and in any place) for trading activity to take place in an event zone during the relevant event period or periods.
3
A person is also to be treated as contravening paragraph (1) if trading activity in an event zone during the relevant event period or periods —
a
is undertaken by a business or other concern in which that person has an interest or for which the person is responsible, or
b
takes place on land that the person owns or occupies or of which that person has responsibility for the management.
4
But paragraph (3) does not apply to a person who proves that —
a
the trading activity took place without their knowledge, or
b
they took all reasonable steps to prevent the trading activity taking place or, where it has taken place, to prevent it continuing or recurring.
5
Without prejudice to the generality of paragraph (3) —
a
a person is to be treated as having an interest in or responsibility for a business or other concern if that person is an officer of the business or concern,
b
a person is to be treated as having responsibility for the management of land if that person is an officer of a business or other concern that owns, occupies or has responsibility for the management of the land.
6
In paragraph (5) , “an officer” means a director, manager, secretary or other similar officer.
7
This regulation applies in relation to trading activity whether or not it consists of the result or continuation of activity carried out before these Regulations came into force.
Exceptions
14
1
Regulation 13 does not apply to trading activity of a description falling within paragraphs (2) to (12) .
2
Selling a current newspaper or periodical.
3
Trading activity undertaken or controlled by the London Organising Committee on enclosed land on which a London Olympic Event is taking place or to take place.
4
Selling or delivering an article to a person in premises adjoining a highway.
5
Selling a motor vehicle on private land generally used for the sale of motor vehicles.
6
Supplying motor vehicle cleaning services on private land generally used for the supply of those services.
7
Supplying motor vehicle parking services in a building or on other land designed or generally used for the parking of motor vehicles.
8
Providing a public sanitary convenience.
9
Providing a permanent telephone kiosk.
10
Trading as a walking tour operator.
11
Supplying public transport services including tourist services.
12
Trading activity on private land adjacent to exempt retail premises provided that the trading activity —
a
forms part of the usual business of the owner of the premises or a person assessed for uniform business rate in respect of the premises, and
b
takes place during the period during which the premises are open to the public for business.
13
Paragraph (2) does not apply to selling a current newspaper or periodical in a street if the selling is done from a receptacle that causes undue interference or inconvenience to persons using the street.
14
In this regulation —
“exempt retail premises” means a building normally used as —
a shop,
a restaurant, bar, or other premises used for the supply of meals, refreshments or alcohol to the public, or
a petrol filling station,
“sanitary convenience” has the same meaning as in the Building Act 1984 ,
“tourist services” means public transport services primarily for the benefit of tourists, and
“walking tour operator” means a person that supplies services to the public comprising tours of an area on foot.
Trading activity authorised by the Olympic Delivery Authority &c.
15
1
Regulation 13 does not apply to trading activity undertaken in accordance with an authorisation granted by the Authority .
2
Subject to these Regulations, the Authority has an absolute discretion in respect of each application for authorisation.
3
The Authority must have regard to the provisions of the Host City Contract before granting an authorisation under this regulation.
4
An authorisation granted under this regulation is subject to the condition that any person who engages in trading activity in reliance on the authorisation must hold any licence which, in addition to authorisation under this regulation, is required before the person may engage in trading activity (whether in a particular place or generally).
5
In this regulation, “Authority” means —
a
the Olympic Delivery Authority, or
b
a person to whom the function of granting authorisations for the purpose of this regulation is delegated by the Olympic Delivery Authority.
PART 4 Rights of review
Interpretation of this Part
16
In this Part —
“applicant” has the meaning given in regulation 17(1) ,
“authorisation” means an authorisation granted —
under regulation 11(1)(b) in relation to advertising activity, or
under regulation 15 in relation to trading activity, and
“authoriser” means —
in relation to an application for an authorisation under regulation 11(1)(b) , the London Organising Committee, or
in relation to an application for an authorisation under regulation 15 , the Authority (within the meaning of that regulation).
Right to seek review
17
1
A person who has applied for an authorisation (an “applicant”) and is dissatisfied with the decision of the authoriser may request the Olympic Delivery Authority to review the decision of the authoriser.
2
Such a request must —
a
be in writing,
b
include or be accompanied by such information or evidence as the applicant considers relevant, and
c
be made within a period of 21 days beginning with the date on which the authoriser’s decision was communicated to the applicant.
3
Within a period of 21 days beginning with the date on which the Authority receives such a request, it must review the authoriser’s decision.
4
On reviewing the authoriser’s decision, the Authority may —
a
confirm the original decision, or
b
substitute a new decision for the original decision.
5
As soon as practicable after making a decision on the review, the Authority must send a written notice to the applicant stating its decision and the reasons for that decision.
6
The decision of the Authority on the review is final.
PART 5 Compensation
Interpretation of this Part
18
In this Part —
“claimant” has the meaning given in regulation 20(1) ,
“decision notice” means a notice issued by a relevant authority under regulation 22(2)(b) or (3) ,
“enforcement officer” means a person designated for the purpose of section 22 or 28 of the Act (enforcement powers) by the Olympic Delivery Authority,
“notice of claim” has the meaning given in regulation 20(1) , and
“relevant authority”, in relation to the exercise or purported exercise of a power under section 22 or 28 of the Act, means —
if the exercise or purported exercise of the power was by an enforcement officer, the Olympic Delivery Authority, or
if the exercise or purported exercise of the power was by a constable, the police authority for the police force of which the constable is a member.
Entitlement to compensation for damage to property
19
1
A person whose property is damaged in the course of the exercise or purported exercise of a power under section 22 or 28 of the Act is entitled to compensation from the relevant authority in accordance with this Part.
2
But a person who, in the reasonable belief of the relevant authority, is responsible for a contravention of these Regulations is not entitled to compensation.
3
The amount of compensation payable is the total of —
a
the cost of repairing the property to its previous condition (or, in the case of property which is impossible or not commercially worthwhile to repair, the cost of replacing the property), and
b
any other loss which was a direct result of the damage to the property.
Notice of claim
20
1
A person entitled to compensation under this Part (a “claimant”) may send a written notice (a “notice of claim”) to the relevant authority claiming that compensation.
2
A notice of claim must be sent within —
a
a period of 30 days beginning with the date on which damage occurred, or
b
such longer period as agreed by the relevant authority in writing.
3
A notice of claim must include or be accompanied by all of the following information and evidence —
a
the claimant’s full name,
b
the date on which the damage occurred,
c
the address or location at which the damage occurred,
d
the amount of compensation claimed (in accordance with regulation 19(3) ) and the basis upon which the compensation was calculated,
e
a description of —
i
the property damaged,
ii
the nature of the damage, and
iii
the nature of any further loss which flowed from the damage for which compensation is claimed,
f
photographs, receipts, quotations or other evidence as to the matters referred to in sub-paragraphs (a) to (e) .
Initial consideration of claim
21
1
Within a period of 14 days beginning with the date on which the relevant authority receives a notice of claim it must determine whether it has received sufficient information and evidence to enable it to decide the following matters —
a
whether the claimant is entitled to compensation under this Part,
b
where the claimant is so entitled, the amount of the compensation.
2
If the authority determines that it has not received sufficient information or evidence, it must send the claimant a written notice stating the further information or evidence that it requires.
3
The claimant must send the authority the information or evidence stated in such a notice within —
a
a period of 14 days beginning with the date on which the claimant receives the notice, or
b
such longer period as agreed by the relevant authority in writing.
4
Within a period of 7 days beginning with the date on which the authority receives further information or evidence following such a notice, it must make the determination referred to in paragraph (1) again (and the other paragraphs of this regulation apply to that new determination).
Authority’s decision on a claim
22
1
If a relevant authority determines under regulation 21 that it has received sufficient information and evidence it must, within a period of 14 days beginning with the date of that determination, decide the matters referred to in regulation 21(1)(a) and (b) .
2
If the authority decides that the claimant is entitled to compensation it must —
a
pay to the claimant the amount of compensation stated in the notice of claim, or
b
if it decides that the claimant is entitled to a lesser amount of compensation, send a notice in writing to the claimant —
i
offering that lesser amount, and
ii
stating the reasons for its decision.
3
If the authority decides that the claimant is not entitled to compensation it must send a notice in writing to the claimant —
a
declining the claim, and
b
stating the reasons for its decision.
4
A claimant who receives a decision notice offering a lesser amount of compensation than that stated in the notice of claim may agree, in writing, to accept that lesser amount (in which case the authority must pay that amount to the claimant).
5
A decision notice must contain particulars of the claimant’s rights to —
a
request a review of the decision, under regulation 23 , and
b
appeal a decision on a review, under regulation 24 .
Review of decision on a claim
23
1
A claimant who receives a decision notice may request the relevant authority to review its decision.
2
Such a request must —
a
be in writing,
b
be made within —
i
a period of 14 days beginning with the date on which the decision notice was received, or
ii
such longer period agreed by the relevant authority in writing, and
c
include or be accompanied by such information or evidence as the claimant considers relevant.
3
Within a period of 14 days beginning with the date on which a relevant authority receives such a request it must review its decision under regulation 22 .
4
On reviewing its decision, the authority may —
a
confirm the original decision, or
b
substitute a new decision for the original decision.
5
But on reviewing its decision the authority may not substitute a lesser amount of compensation for that stated in the decision notice.
6
The authority must send a written notice to the claimant stating its decision on the review and the reasons for that decision.
7
A notice under paragraph (6) must contain particulars of the claimant’s right to appeal a decision on a review under regulation 24 .
Appeal to the county court
24
1
A claimant that is dissatisfied with a decision of the relevant authority on a review under regulation 23 may appeal to the county court.
2
An appeal must be brought within a period of 21 days beginning with the date on which the claimant received written notice of the authority’s decision on review.
3
The court may give permission for an appeal to be brought after the end of that period, but only if it is satisfied —
a
where permission is sought before the end of that period, that there is a good reason for the claimant to be unable to bring the appeal in time, or
b
where permission is sought after the end of that period, that there is a good reason for the claimant’s failure to bring the appeal in time and for any delay in applying for permission.
4
An appeal under this regulation is to be by way of rehearing and the court may make such order confirming, quashing or varying the decision as it thinks fit.
Hugh Robertson
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
1st December 2011


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Dental Charges) Amendment Regulations 2011 and come into force on 1st April 2011.
2
These Regulations apply in relation to England.
Amendment of the National Health Service (Dental Charges) Regulations 2005
2
1
The National Health Service (Dental Charges) Regulations 2005 are amended as follows.
2
In regulation 4 (calculation of charges) —
a
in paragraph (1), for “£16.50” substitute “£17.00”;
b
in paragraph (2), for “£45.60” substitute “£47.00”;
c
in paragraph (3), for “£198.00” substitute “£204.00”;
d
in paragraph (4), for “£198.00” substitute “£204.00”; and
e
in paragraph (5), for “£16.50” substitute “£17.00”.
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
23rd February 2011