type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Commencement No. 3) Order 2009.
2
In this Order, “ the Act ” means the Safeguarding Vulnerable Groups Act 2006.
Provisions coming into force on 20th January 2009
2
1
20th January 2009 is the day appointed for the coming into force of the following provisions of the Act —
a
section 2 (barred lists), for the purposes of the Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009 ;
b
section 5 (regulated activity) and Schedule 4;
c
section 28 (independent monitor);
d
section 29 (Part 5 of the Police Act 1997: code of practice);
e
section 37 (regulated activity providers: duty to provide information on request) and the provisions specified in paragraph (2), in so far as they relate to that section;
f
section 40 (local authorities: duty to provide information on request);
g
section 42 (registers: duty to provide information on request) and section 41(7) (registers: duty to refer), in so far as it relates to that section;
h
section 46 (supervisory authorities: duty to provide information on request) and section 45(7) (supervisory authorities: duty to refer), in so far as it relates to that section;
i
section 53 (fostering);
j
section 57 (damages);
k
paragraphs 1 to 3, 4(1) to (4) and (6), 5, 7 to 9, 10(1) to (4) and (6), 11, 14 to 20, 22, 23, 24(3) to (7) and 25 of Schedule 3 (barred lists), in so far as they are not already in force;
l
the provisions in Schedule 9 (amendments) specified in paragraph (3) in so far as they are not already in force and section 63(1) (amendments and repeals) in so far as it relates to those provisions.
2
The provisions are —
a
section 6 (regulated activity providers);
b
section 21 (controlled activity relating to children);
c
section 22(1) to (4), (5)(a) and (b) and (6) (controlled activity relating to adults);
d
section 23(3) (controlled activity: regulations);
e
section 38 (duty to provide information: offences).
3
The provisions are —
a
paragraph 5(2), (3), (6) and (7), in relation to England;
b
paragraph 5(4);
c
paragraph 5(1), in so far as it relates to the provisions specified in paragraphs (a) and (b);
d
paragraph 6(2), (3) and (6), in relation to England;
e
paragraph 6(4);
f
paragraph 6(1), in so far as it relates to the provisions specified in paragraphs (d) and (e);
g
paragraph 7, in relation to England;
h
paragraph 2, in so far as it relates to the provisions specified in paragraphs (a) to (g).
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
14th January 2009


text:
1
This Order may be cited as the Air Passenger Duty (Rate) (Qualifying Territories) (Variation of Description) Order 2009 and comes into force on 1st March 2009.
2
In the list of territories in subsection (9A) of section 30 of the Finance Act 1994 for “Kosovo under the Interim Administration of the United Nations Mission” substitute “Republic of Kosovo”.
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
4th February 2009


text:
Citation and commencement
1
This Order may be cited as the Export Control (Amendment) (No. 2) Order 2009 and shall come into force on 14th July 2009.
Amendment
2
After article 9 of the Export Control Order 2008 insert —
General prohibition
9A
To the extent that, pursuant to any of articles 3 to 9 of this Order, a person may not export goods, the exportation of the goods in question is prohibited.
.
Ian Lucas
Minister for Business and Regulatory Reform
Department for Business, Innovation and Skills
12th July 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Heritable Bank plc Transfer of Certain Rights and Liabilities (Amendment) Order 2009.
2
This Order comes into force on 20th February 2009.
3
In this Order —
“the first transfer order” means the Heritable Bank plc Transfer of Certain Rights and Liabilities Order 2008 ;
“the second transfer order” means the Transfer of Rights and Liabilities to ING Order 2008 .
4
Terms used in this Order which are defined by the first or second transfer order have the meanings given in that order.
Balancing payments
2
If the Treasury, the FSCS , Heritable and ING agree that it is not appropriate or reasonable to make (or to continue to make) the revisions specified in article 13(5)(a) and (b) of the first transfer order, no revision (or no further revision) may be made under those provisions.
Costs and expenses of administrator
3
In article 23(1) of the first transfer order, the reference to the Treasury shall, from the effective time (within the meaning of the second transfer order), have effect as if it was a reference to ING.
Amendments to the first transfer order
4
1
The first transfer order is amended as follows —
a
in article 15(1), for “effective date” substitute “effective time”;
b
in article 23(1), for “article 20(1)” substitute “article 20”.
2
The amendment made in paragraph (1)(b) has effect from the time at which the first transfer order came into force.
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
18th February 2009


text:
Citation and commencement
1
These Regulations may be cited as the Factories Act 1961 and Offices, Shops and Railway Premises Act 1963 (Repeals and Modifications) Regulations 2009 and shall come into force on 6th April 2009 (referred to in these Regulations as the “commencement date”).
Repeal of certain notification requirements
2
1
Section 137 (notice of occupation of factory and use of mechanical power) of the Factories Act 1961 (in these Regulations referred to as “the 1961 Act”) and section 49 (notification of fact of employment of certain persons) of the Offices, Shops and Railway Premises Act 1963 are repealed.
2
The Notification of Employment of Persons Order 1964 (which relates to notices required by section 49 of the Offices, Shops and Railway Premises Act 1963) is revoked.
Abolition of requirement to keep general registers
3
1
Section 140 (duties to keep and to make entries in general registers and to provide extracts on request) of the 1961 Act is repealed.
2
In section 141 (preservation of registers and records) of the 1961 Act for “The general register and every other register” substitute “Any register”.
3
The repeal by this regulation of section 140 of the 1961 Act does not affect subsection (3) of that section in its application to a register required to be kept under the Employment of Women, Young Persons and Children Act 1920 .
4
The references to a register in section 141 of the 1961 Act as amended by paragraph (2) do not include a reference to a general register previously required by that section to be kept and preserved unless it contains a record that was entered in or attached to the register in pursuance of section 39(2) (record of gasholder examinations) of that Act within the period of two years ending with the commencement date.
5
In the case of a general register containing such a record, section 141 of the 1961 Act is to be read as requiring the record to be preserved and kept available for inspection for at least two years after the date of the last record entered in or attached to the register.
Amendment, repeals and revocation consequential on regulation 3
4
1
In section 39(2) (record of gasholder examinations) of the 1961 Act for “entered in or attached to the general register” substitute “kept available for inspection.”.
2
The following provisions of the 1961 Act are repealed-
a
section 122(7)(meaning of “general register” in relation to the application of the Act to parts of buildings let as separate factories);
b
in sections 125(2)(j), 126(2)(j) and 127(2)(j) (application of provisions relating to general registers to things other than factories), the words “general registers (so far as applicable)”;
c
in section 127(5) the word “general”; and
d
in section 176(1) (interpretation), the definition of “general register”.
3
The Factories Act General Register Order 1973 (which relates to general registers kept under the 1961 Act) is revoked.
Jonathan Shaw
Parliamentary Under Secretary of State
Department for Work and Pensions
10th March 2009


text:
PART 1 GENERAL
Citation, application and commencement
1
These Regulations, which apply in relation to England only, may be cited as the Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2009 and shall come into force on 1st October 2009.
Interpretation: general
2
1
In these Regulations —
“ the Act ” means the Local Government Finance Act 1988;
“appeal” means an appeal under —
regulation 8 or 13;
paragraph 4 of Schedule 4A to the Act (non-domestic rating: new buildings (completion days)) as it applies for the purposes of Part 3 of the Act (non-domestic rating) (in these Regulations called an “appeal against a completion notice”); or
paragraph 5C of Schedule 9 to the Act (in these Regulations called an “appeal against imposition of a penalty”);
“authority” means a billing authority;
“central list” means the central non-domestic rating list;
“company”, “holding company” and “subsidiary” have the meanings given by the Companies Act 2006 ;
“completion notice” means a notice under paragraph 1 of Schedule 4A to the Act as it applies for the purposes of Part 3 of the Act, which states the completion day as 1st October 2009 or later;
“ IP ” (interested person) —
in relation to a hereditament which forms part of the Crown Estate and is held by the Crown Estate Commissioners under their management within the meaning of section 1 of the Crown Estate Act 1961 , means the Crown Estate Commissioners;
in relation to any other hereditament, means —
the occupier;
any other person (other than a mortgagee not in possession) having in any part of the hereditament either a legal estate or an equitable interest such as would entitle him (after the cessation of any prior interest) to possession of the hereditament or any part of it; and
any person having a qualifying connection with the occupier or a person described in (ii);
“local list” means a local non-domestic rating list;
“proposal” means a proposal for the alteration of a local list or the central list;
“proposer” means the person making a proposal;
“qualifying connection” has the meaning given in paragraph (2);
“ratepayer”, in relation to a hereditament, means the occupier or, if the hereditament is not occupied, the owner;
“relevant authority”, in relation to a hereditament, means the authority in whose area the hereditament is situated;
“valuation tribunal” means a valuation tribunal established in England before 1st October 2009 under paragraph 1 of Schedule 11 to the Act;
“ VO ” means valuation officer ; and
“ VTE ” means the Valuation Tribunal for England.
2
A person shall be treated as having a qualifying connection with another —
a
where both persons are companies, and —
i
one is a subsidiary of the other, or
ii
both are subsidiaries of the same company; or
b
where only one person is a company, the other person (the “second person”) has such an interest in that company as would, if the second person were a company, result in its being the holding company of the other.
3
Any reference in these Regulations to a party to an appeal includes the person making the appeal (“the appellant”) and —
a
in relation to an appeal under regulation 8 or an appeal against imposition of a penalty, the VO or, as the case may be, the CVO;
b
in relation to an appeal under regulation 13 —
i
every person whose agreement is required under regulation 12; and
ii
any other person who has been a ratepayer in relation to the hereditament since the proposal was made and who has notified the VO before the hearing, or before determination on the basis of written representations, that the person wishes to be a party to the appeal;
c
in relation to an appeal against a completion notice, the relevant authority.
PART 2 ALTERATION OF LOCAL LISTS
Interpretation of Part 2
3
In this Part —
“alteration” means alteration of a list in relation to a particular hereditament, and “alter” shall be construed accordingly;
“list” means a local list compiled on or after 1st April 2005;
“material change of circumstances”, in relation to a hereditament, means a change in any of the matters mentioned in paragraph 2(7) of Schedule 6 to the Act;
“the Procedure Regulations ” means the Valuation Tribunal for England (Council Tax and Rating Appeals) (Procedure) Regulations 2009 ; and
“VO” in relation to a list, means the VO for the authority for which the list is compiled and maintained.
Circumstances in which proposals may be made
4
1
The grounds for making a proposal are —
a
the rateable value shown in the list for a hereditament was inaccurate on the day the list was compiled;
b
the rateable value shown in the list for a hereditament is inaccurate by reason of a material change of circumstances which occurred on or after the day on which the list was compiled;
c
the rateable value shown in the list for a hereditament is inaccurate by reason of an amendment to the classes of plant and machinery set out in the Schedule to the Valuation for Rating (Plant and Machinery) (England) Regulations 2000 which comes into force on or after the day on which the list was compiled;
d
the rateable value shown in the list for a hereditament by reason of an alteration made by a VO is or has been inaccurate;
e
the rateable value or any other information shown in the list for a hereditament is shown, by reason of a decision in relation to another hereditament of —
i
the VTE,
ii
a valuation tribunal, or
iii
the Lands Tribunal, the Upper Tribunal or a court determining an appeal or application for review from the VTE, a valuation tribunal, the Lands Tribunal or the Upper Tribunal,
to be or to have been inaccurate;
f
the day from which an alteration is shown in the list as having effect is wrong;
g
a hereditament not shown in the list ought to be shown in that list;
h
a hereditament shown in the list ought not to be shown in that list;
i
the list should show that some part of a hereditament which is shown in the list is domestic property or is exempt from non-domestic rating but does not do so;
j
the list should not show that some part of a hereditament which is shown in the list is domestic property or is exempt from non-domestic rating but does so;
k
property which is shown in the list as more than one hereditament ought to be shown as one or more different hereditaments;
l
property which is shown in the list as one hereditament ought to be shown as more than one hereditament;
m
the address shown in the list for a hereditament is wrong;
n
the description shown in the list for a hereditament is wrong; and
o
any statement required to be made about the hereditament under section 42 of the Act has been omitted from the list.
2
Subject to paragraph (3), a proposal may be made —
a
by an IP who has reason to believe that one of the grounds set out in paragraph (1) exists;
b
by a relevant authority which has reason to believe that a ground set out in any of sub-paragraphs (b), (e) and (g) to (j) of paragraph (1) exists; and
c
by a person, other than an IP, who —
i
has reason to believe that a ground set out in paragraph (1)(c), (d) or (f) exists, and
ii
was an IP at any time during which the alteration or amendment in question had effect.
3
No proposal may be made —
a
by reference to more than one ground unless, for each ground relied on, the material day and the effective date are the same;
b
by an IP, where —
i
that person (or a person having a qualifying connection with that person), acting in the same capacity, has made a proposal to alter the same list in relation to the same hereditament on the same ground and arising from the same event;
ii
a proposal to alter the list in relation to the same hereditament and arising from the same facts has been made by another person (excluding a person having a qualifying connection with the IP) and has been considered and determined by a valuation tribunal, the VTE, the Lands Tribunal or the Upper Tribunal;
c
on the ground set out in paragraph (1)(d), to the extent that the alteration in question gives effect to the decision of a valuation tribunal, the VTE, the Lands Tribunal, the Upper Tribunal or a court determining an appeal or an application for a review in relation to the hereditament concerned.
4
In paragraph (3) —
“effective date” means the day from which the alteration, if made, would have effect in pursuance of this Part;
“event” means the compilation of the list, a material change of circumstances or an alteration of the list by the VO; and
“material day”, in relation to a hereditament, means the day determined as regards that hereditament in accordance with rules prescribed by regulations under paragraph 2(6A) of Schedule 6 to the Act .
Periods in which proposals may be made: 2005 list and subsequent lists
5
1
Subject to paragraph (2), a proposal to alter a list compiled on or after 1st April 2005 may be made at any time before the day on which the next list is compiled.
2
A proposal on the ground set out in —
a
regulation 4(1)(d) or (f) may only be made before the day on which the next list is compiled or within six months of the date of the alteration, whichever is the later;
b
regulation 4(1)(e) may be made no later than six months after the day on which the next list is compiled.
Proposals: general
6
1
A proposal shall be made by notice sent to the VO which shall —
a
state the name and address of the proposer;
b
state whether the proposer is, in respect of the property —
i
the IP and, if so, the capacity in which the IP makes the proposal;
ii
the relevant authority; or
iii
a person described in regulation 4(2)(c);
c
identify the property to which the proposal relates;
d
identify the respects in which it is proposed that the list be altered; and
e
include —
i
a statement of the grounds for making the proposal;
ii
in the case of a proposal made on any of the grounds set out in regulation 4(1)(a), (c) or (g) to (o), a statement of the reasons for believing that those grounds exist;
iii
in the case of a proposal made on the ground set out in regulation 4(1)(b), a statement of the nature of the change in question and of the date on which the proposer believes the change occurred;
iv
in the case of a proposal made on the ground set out in regulation 4(1)(d) or (f), a statement identifying the alteration in question, whether by reference to the day on which the alteration was made or otherwise;
v
in the case of a proposal made on the ground set out in regulation 4(1)(e), the information specified in paragraph (2);
vi
in the case of a proposal made on the ground set out in regulation 4(1)(f), a statement of the day proposed in place of the day shown in the list; and
vii
in the case of a proposal made on one or more of the grounds set out in regulation 4(1)(a) to (g) and (i) to (l), in respect of a hereditament occupied under a lease, easement or licence to occupy, other than a proposal made by a relevant authority or a person described in regulation 4(2)(c), the information specified in paragraph (3).
2
The information required by paragraph (1)(e)(v) is —
a
the identity of the hereditament to which the decision in question relates;
b
the name of the tribunal or court which made the decision;
c
the date of the decision;
d
the reasons for believing that the decision is relevant to the rateable value or other information to which the proposal relates; and
e
the reasons for believing, in the light of the decision, that the rateable value or other information to which the proposal relates is inaccurate.
3
The information required by paragraph (1)(e)(vii) is —
a
where the proposer is the occupier, the amount payable each year by the proposer, as at the date of the proposal, in respect of the lease, easement or licence to occupy; or
b
in any other case, the amount payable each year to the proposer, as at the date of the proposal, in respect of the lease, easement or licence to occupy;
4
A proposal may deal with more than one hereditament only —
a
if it is made on the ground set out in regulation 4(1)(k) or (l); or
b
where the person making the proposal does so in the same capacity as respects each hereditament and each hereditament is within the same building or the same curtilage.
5
A proposal made on the ground set out in regulation 4(1)(d) or (f) may include a request for either or both of the following —
a
the restoration of the list to its state before the alteration was made; and
b
a further alteration of the list in respect of the hereditament.
VO’s acknowledgement of proposals
7
1
Subject to paragraph (2), within four weeks of receiving a proposal, the VO shall send an acknowledgement of its receipt to the proposer.
2
Paragraph (1) does not apply where a VO gives a notice under regulation 8 in respect of the proposal.
3
An acknowledgement under paragraph (1) shall specify the date of receipt of the proposal and shall be accompanied by a statement of the effect of regulations 9 to 13.
Disputes as to validity of proposals
8
1
Subject to paragraphs (2) and (3), where the VO is of the opinion that a proposal has not been validly made, the VO may, at any time after receiving the proposal, serve notice (an “invalidity notice”) on the proposer that the VO is of that opinion and stating —
a
the reasons for that opinion, and
b
the effect of paragraphs (6) to (10).
2
The VO may not serve an invalidity notice after an agreement has been reached under regulation 4 (arbitration) of the Procedure Regulations or the VTE has given notice under regulation 31 (notice of hearing) of those Regulations.
3
The VO may not serve an invalidity notice more than four weeks after the proposal to which it relates was served other than with the consent of the proposer, given in writing.
4
Where an invalidity notice is served —
a
if it is served more than four weeks after the proposal to which it relates was served on the VO but before a disagreement as to the proposed alteration has been referred to the VTE under regulation 13 —
i
the invalidity notice shall state the effect of paragraph (12); and
ii
the VO shall serve a copy of the invalidity notice on —
aa
any person who has been served with a copy of the proposal to which the invalidity notice relates; and
bb
any IP who has served notice under regulation 11(3)(a); or
b
if a disagreement as to the proposed alteration has been referred to the VTE under regulation 13 —
i
the VO shall serve a copy of the invalidity notice on —
aa
any person who has been served with a copy of the proposal to which the invalidity notice relates; and
bb
any IP who has served notice under regulation 11(3)(a); and
ii
the VO shall inform the VTE that the invalidity notice has been served and of any withdrawal of that notice under paragraph (5).
5
The VO may at any time withdraw an invalidity notice by serving notice in writing on the proposer; and any appeal against the invalidity notice shall then be treated as having been withdrawn.
6
Unless an invalidity notice has been withdrawn, the proposer may, within four weeks of receiving it —
a
subject to paragraph (7), make a further proposal in relation to the same property; or
b
appeal against the notice to the VTE.
7
For the purposes of paragraph (6)(a) —
a
the time limit applicable under regulation 5 may be ignored; but
b
a further proposal may not be made where the proposal to which the invalidity notice relates was itself made —
i
under paragraph (6)(a); or
ii
after the expiry of the time limit applicable under regulation 5.
8
Where a further proposal is made under paragraph (6)(a), the proposal in respect of which the invalidity notice was served shall be treated as withdrawn.
9
An appeal against an invalidity notice shall be made by the proposer sending a notice of disagreement to the VO.
10
Unless the VO withdraws the invalidity notice within four weeks of receiving the notice of disagreement, once that period has ended the VO shall inform the VTE of —
a
the entry in the list (if any) which it is proposed to alter;
b
the grounds on which the proposal was made; and
c
the reasons for the VO’s opinion that the proposal has not been validly made.
11
Where information relating to an invalidity notice has been supplied in accordance with paragraph (10) and the notice is withdrawn, the VO shall, as soon as practicable, inform the VTE of the withdrawal.
12
Subject to paragraph (14), until it is finally decided that the proposal to which an invalidity notice relates was validly made, regulations 9 to 13 shall not apply in relation to the proposal.
13
Where it is finally decided that the proposal was validly made, those regulations shall have effect as if the proposal had been served on the VO on the date of that final decision.
14
Where an invalidity notice is served more than four weeks after the service of the proposal to which it relates, any period of time referred to in regulation 9 or any of regulations 11 to 13 which has started to run —
a
shall cease to run with effect from the date of service of the notice until it is finally decided that the proposal was validly made; and
b
where it is finally decided that the proposal was validly made, shall start to run again with effect from the date of that final decision as if there had been no interruption.
15
For the purposes of paragraphs (12) to (14), a final decision is made —
a
where the invalidity notice is withdrawn, on the day of the withdrawal;
b
in any other case, on the day on which —
i
(the VTE having determined the appeal against the invalidity notice) the period within which an appeal may be made to the Upper Tribunal expires without such an appeal being made; or
ii
the Upper Tribunal gives a decision on appeal.
16
Nothing done under this regulation shall prevent any party to an appeal under regulation 13 from contending that the proposal to which that appeal relates was not validly made.
Procedure after making of proposals
9
1
Within six weeks of receipt of a proposal, the VO shall send a copy of it to each of the following, unless that person is the proposer —
a
any ratepayer in relation to any hereditament to which the proposal relates; and
b
the relevant authority, where that authority —
i
is a special authority, or
ii
has served notice on the VO that it wishes to receive a copy of a class or classes of proposal, and the proposal falls within any such class.
2
Each copy of a proposal sent to a ratepayer shall be accompanied by a statement of the effect of regulations 10 to 13.
Proposals agreed by VO
10
Where the VO is of the opinion that a proposal is well-founded, he shall as soon as reasonably practicable alter the list accordingly.
Withdrawal of proposals
11
1
Subject to paragraph (2), the proposer may withdraw the proposal by notice sent to the VO.
2
Where the proposer was a ratepayer in respect of the hereditament at the date of the proposal but is no longer, the proposal may not be withdrawn unless the person who is currently the ratepayer agrees in writing.
3
Where —
a
within two months from the day on which the VO receives a proposal, an IP notifies the VO in writing that the IP wishes to be a party to the proceedings in respect of that proposal (an “IP’s notice”) and
b
after receiving an IP’s notice, the proposal is withdrawn,
the VO shall give notice of the withdrawal to the IP.
4
Where, within six weeks from the day on which the IP receives the VO’s notice under paragraph (3), the IP notifies the VO in writing that the IP is aggrieved by the withdrawal of the proposal —
a
the notification shall, if the IP would at the date of the proposal have been competent to make that proposal, be treated for the purposes of the following provisions of these Regulations as if it had been a proposal in the same terms made on the day on which the VO received the notification; and
b
any resulting alteration shall have effect from the day which would have been applicable had there been no withdrawal under this regulation.
Agreed alterations following proposals
12
1
Where, following the making of a proposal, all the persons mentioned in paragraph (2) agree on an alteration of the list in terms that comply with the requirements of this Part but differ from those contained in the proposal, and that agreement is signified in writing —
a
subject to paragraph (4), the VO shall, not later than two weeks after the day on which the agreement was made, alter the list to give effect to the agreement; and
b
the proposal shall be treated as having been withdrawn.
2
The persons referred to in paragraph (1) are —
a
the VO;
b
the proposer;
c
subject to paragraph (3), the occupier (at the date of the proposal) of any hereditament to which it relates;
d
the ratepayer (at the date of the agreement) in relation to any hereditament to which it relates;
e
subject to paragraph (3), any IP or relevant authority who —
i
would at the date of the proposal have been competent to make the proposal in question, and
ii
not later than two months after the day on which the proposal was received by the VO, informs the VO in writing that the IP or the authority (as the case may be) wishes to be a party to the proceedings in respect of the proposal.
3
The persons referred to in paragraph (1) do not include —
a
the occupier of the hereditament at the date of the proposal who is no longer in occupation of any part of it at the date on which all the other persons mentioned in paragraph (2) have agreed as mentioned in paragraph (1), provided that the VO has taken all reasonable steps to ascertain that former occupier’s whereabouts, and they have not been ascertained, or
b
any IP referred to in paragraph (2)(e) who cannot be contacted at the address supplied to the VO.
4
Where —
a
the period of two weeks mentioned in paragraph (1)(a) would expire before the period of two months mentioned in paragraph (2)(e)(ii), and
b
the VO has not received a request under paragraph (2)(e)(ii) within that two-month period,
the VO shall make the alteration required by paragraph (1)(a) as soon as practicable after that period ends.
Disagreement as to proposed alteration
13
1
Where —
a
the VO is of the opinion that a proposal is not well-founded, and
b
the proposal is not withdrawn, and
c
there is no agreement under regulation 12,
the VO shall refer the disagreement to the VTE as an appeal by the proposer against the VO’s refusal to alter the list.
2
A referral under paragraph (1) shall be made —
a
within the period of three months beginning on the day on which the proposal was received by the VO; and
b
by the VO sending to the VTE a statement of —
i
the entry in the list (if any) which is proposed to be altered;
ii
the date of service of the proposal;
iii
the names and addresses (where known to the VO) of all persons whose agreement is required by regulation 12; and
iv
the grounds on which the proposal was made.
3
The VO shall send to the VTE the name and address of any other person who has informed the VO that he wishes to be a party to the appeal.
Time from which alteration is to have effect: 2005 and subsequent lists
14
1
This regulation has effect in relation to alterations made on or after 1st October 2009 to a list compiled on or after 1st April 2005.
2
Subject to paragraphs (3) to (7), where an alteration is made to correct any inaccuracy in the list on or after the day it is compiled, the alteration shall have effect from the day on which the circumstances giving rise to the alteration first occurred.
3
Subject to paragraph (4), where an alteration is made to give effect to a completion notice, the alteration shall have effect from the day specified in the notice.
4
Where under Schedule 4A to the Act a different day —
a
is substituted by a different notice under paragraph 1(3) of that Schedule;
b
is agreed under paragraph 3 of that Schedule; or
c
is determined in pursuance of an appeal under paragraph 4 of that Schedule,
the alteration shall have effect from the day so substituted, agreed or determined.
5
Where the day on which the relevant circumstances arose is not reasonably ascertainable —
a
where the alteration is made to give effect to a proposal, the alteration shall have effect from the day on which the proposal was served on the VO; and
b
in any other case, the alteration shall have effect from the day on which it is made.
6
For the purposes of paragraph (5)(a), a proposal which is made under regulation 8(6)(a) shall be deemed to have been served on the VO on the day on which the proposal to which the invalidity notice relates was served.
7
An alteration made to correct an inaccuracy (other than one which has arisen by reason of an error or default on the part of a ratepayer) —
a
in the list on the day it was compiled; or
b
which arose in the course of making a previous alteration in connection with a matter mentioned in any of paragraphs (2) to (5),
which increases the rateable value shown in the list for the hereditament to which the inaccuracy relates, shall have effect from the day on which the alteration is made.
8
Where an alteration needs to be made after the first anniversary of the day on which the next list is compiled, it shall have retrospective effect only if it is made to give effect to a proposal.
Advertising rights
15
1
Regulation 14 shall have effect, where the circumstances giving rise to the alteration are the coming into existence of an advertising hereditament, as if those circumstances occurred when —
a
any structure or sign is erected, after the right constituting the hereditament has been let out or reserved, to enable the right to be exercised; or
b
any advertisement is exhibited in exercise of the right,
whichever is earlier; and such a hereditament shall be treated for the purposes of Part 3 of the Act as coming into occupation at that time.
2
The erection, dismantling or alteration of any structure or sign for enabling the advertising right to be exercised, after the time mentioned in paragraph (1), shall be treated as a material change of circumstances for the purposes of a proposal made on the ground specified in regulation 4(1)(b) (rateable value inaccurate by reason of material change of circumstances occurring on or after the day on which the list was compiled).
3
In this regulation —
“advertising hereditament” means a hereditament consisting of a right to which section 64(2) of the Act applies;
“advertising right” means a right which is such a hereditament; and
“structure” includes a hoarding, frame, post or wall.
Effective date to be shown in the list
16
Where an alteration is made, the list shall show the day from which the alteration is to have effect.
Notification of alteration
17
1
Within four weeks of altering a list a VO shall notify the relevant authority of the effect of the alteration; and the relevant authority shall as soon as reasonably practicable alter the copy of the list deposited at its principal office.
2
Subject to paragraph (3), the VO shall notify the ratepayer and any proposer, as defined in paragraph (5), of —
a
the effect of the alteration; and
b
subject to paragraph (4), the effect of the application of this Part, and of Part 5, in relation to the alteration.
3
Paragraph (2) does not apply in relation to alterations made solely to correct a clerical error, or to reflect —
a
a change in the address of the hereditament concerned; or
b
a change in the area of the relevant authority.
4
Paragraph (2)(b) does not apply in relation to an alteration made to reflect —
a
a decision of the VO that a proposal is well-founded;
b
a decision, in relation to the hereditament which is the subject of the proposal, of a valuation tribunal, the VTE, the Lands Tribunal, the Upper Tribunal or a court; or
c
an agreement under regulation 12.
5
The proposer mentioned in paragraph (2) is any proposer for whom an appeal in relation to the hereditament has been referred to the VTE under regulation 13(1) and whose appeal has either —
a
not been determined by the VTE; or
b
has been so determined and either —
i
an appeal has been made to the Lands Tribunal or the Upper Tribunal and has not been determined; or
ii
the time for making an appeal to the Upper Tribunal has not yet expired.
PART 3 ALTERATION OF CENTRAL LISTS
Relevant hereditaments
18
1
In relation to a hereditament (in this regulation referred to as a “relevant hereditament”) which is required by regulations under section 53 of the Act to be shown in a central list compiled on or after 1st October 2009, the regulations mentioned in paragraph (2) shall apply, as modified by paragraphs (3) and (4), as if —
a
any reference to a local list were a reference to the central list;
b
any reference to a VO were a reference to the CVO; and
c
any reference to an alteration of a list were a reference to its alteration in relation to a description of hereditaments.
2
The regulations are —
a
regulation 4, except paragraphs (1)(k) and (l) and (3),
b
regulations 5 to 8,
c
regulation 9, except paragraph (1)(b),
d
regulations 10 to 13,
e
regulation 14, except paragraphs (3) and (4) and the reference to those paragraphs in paragraphs (2) and (6),
f
regulation 16, and
g
regulation 17, except paragraph (3)(b).
3
Regulation 4(1)(o) shall apply as if the reference to section 42 of the Act were a reference to section 53 of the Act.
4
Regulation 17(1) shall apply as if the reference to the relevant authority and its principal office were a reference to the Secretary of State and the Secretary of State’s principal office.
5
At the same time as the CVO serves a copy of a proposal on the ratepayer under regulation 9(1) in relation to a relevant hereditament the CVO shall serve such a copy on the Secretary of State.
PART 4 PROVISIONS RELATING TO PARTICULAR APPEALS AND APPLICATIONS
Appeals against completion notices or imposition of penalties
19
1
A person who wishes to appeal against a completion notice or the imposition of a penalty must send or deliver a notice of appeal to the VTE so that it is received within 28 days after the date on which the appellant received the completion notice or notice that the penalty had been imposed.
2
The notice of appeal must be accompanied by —
a
a copy of the completion notice or the penalty notice,
b
a statement of the grounds on which the appeal is made, and
c
where the appeal is against the imposition of a penalty, the date on which the person received notice of the imposition of the penalty.
3
If the person provides the notice of appeal to the VTE later than the time required by paragraph (1) or by an extension of time allowed under regulation 6(3)(a) of the Valuation Tribunal for England (Council Tax and Rating Appeals) (Procedure) Regulations 2009 , the notice of appeal must include a request for an extension of time and the reason why the notice of appeal was not provided in time.
Appeals relating to proposals to alter 1995 lists
20
The Procedure Regulations shall apply for the purposes of an appeal under regulation 8 or 13 in connection with a proposal made by virtue of paragraph (2) of regulation 17A of the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 2005 , where the appeal remains undetermined immediately before 1st October 2009, as if any reference to a list included a reference to a local list compiled on 1st April 1995.
Notification of further proceedings
21
1
Where a VO —
a
applies to the VTE for the review of a decision in consequence of which an order requiring the alteration of a list was made; or
b
appeals to the Upper Tribunal against a decision in consequence of which such an order was made, or against such an order,
the VO must, at the same time or as soon as reasonably practicable afterwards, notify the authority concerned of the application or appeal.
2
For the purposes of paragraph (1), the authority concerned —
a
where the application or appeal relates to the alteration of a local list, is the relevant authority for whose area the list was compiled; and
b
in any other case, is the Secretary of State.
3
Where a VO appeals to the Upper Tribunal as mentioned in paragraph (1)(b), or receives notice of such an appeal instituted by another party, the VO must, at the same time or as soon as reasonably practicable afterwards, notify the VTE of the appeal.
4
Where, in relation to a decision or order made on an appeal against a completion notice, an authority appeals to the Upper Tribunal, or receives notice of such an appeal instituted by another party, it shall, at the same time, or as soon as reasonably practicable afterwards, notify the VTE of the appeal.
PART 5 MISCELLANEOUS AND GENERAL
Notices
22
1
Without prejudice to section 233 of the Local Government Act 1972 (service of notice by local authorities) and paragraph (2), and subject to paragraphs (3) and (4), any notice required by any provision of these Regulations to be given or served may be given or served —
a
by delivering it —
i
to the person (“X”) to whom it is to be given or on whom it is to be served; or
ii
to any other person authorised by X to act as X’s agent for the purpose;
b
by sending it to X or X’s agent by electronic communication;
c
by leaving it at or forwarding it by post to —
i
X’s usual or last-known place of business, or
ii
in the case of a company, its registered office, or
iii
the usual or last-known place of business or registered office of any other person authorised as mentioned in sub-paragraph (a)(ii);
d
by delivering it to some person on the premises to which it relates or, if there is no person on the premises to whom it can so be delivered, by fixing it to some conspicuous part of the premises;
e
without prejudice to the foregoing provisions of this regulation, where a hereditament to which the notice relates is a place of business of the person on whom it is to be served, by leaving it at, or forwarding it by post addressed to that person at, that place of business.
2
Where any notice which is to be given to or served on a person is to be given or served by or on behalf of the Common Council or by an officer of the Common Council, it may be given or served in any manner in which it might be given or served under section 233 of the Local Government Act 1972 if the Common Council were a local authority within the meaning of that section.
3
Any notice to be served on the owner or occupier of any premises may be addressed by the description “owner” or “occupier” of the premises, without further name or description.
4
Any notice to be given to or served on a VO may be given or served by —
a
addressing the notice to the VO for the area in question, without further description; and
b
delivering it or sending it to the VO’s office by post or electronic communication.
5
In this regulation —
a
“electronic communication” as the meaning given by section 15(1) of the Electronic Communications Act 2000 ;
b
any reference to a notice includes a reference to a proposal and any other document required or authorised to be given or served;
c
any reference to such requirement or authorisation is to a requirement or authorisation under these Regulations; and
d
any notice sent by the means described in paragraph (1)(b) shall be regarded as sent when it is received in a legible form.
Retention of records by VOs
23
1
Before altering an entry in a local list or the central list, the VO or, as the case may be, the CVO shall ensure that a record (which need not be in documentary form) is made of the entry.
2
Subject to paragraph (3), a record made under paragraph (1) shall be retained until the expiry of six years beginning on the day on which the next list is compiled.
3
A record in relation to a local list compiled on 1st April 1995 shall be retained until 31st March 2016.
Information to be supplied by relevant authorities
24
1
Information of the description set out in paragraph (2) is prescribed for the purposes of paragraph 6(1A) of Schedule 9 to the Act.
2
In relation to any property of a description mentioned in paragraph (3), the information is —
a
the address of the property;
b
the nature of the event by reason of which, in the opinion of the relevant authority, the local list is required to be altered;
c
the day from which, in the opinion of the relevant authority, such alteration should have effect; and
d
if the property is shown in a local list, any reference number ascribed to it in that list.
3
The property referred to in paragraph (2), in relation to a relevant authority, is any non-domestic property in the authority’s area —
a
which, in the authority’s opinion, is property which is or may become liable to a rate; and
b
in relation to which —
i
there is no entry in the local list; or
ii
in the authority’s opinion any entry in such a list requires to be altered.
4
The information required by this regulation must be supplied as soon as is reasonably practicable after it comes to the attention of the relevant authority.
Revocation, savings and transitional provision
25
1
Subject to paragraphs (2) and (3), the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 2005 and the Non-Domestic Rating (Alteration of Lists and Appeals) (England) (Amendment) Regulations 2006 are revoked.
2
Regulation 44 of the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 2005 (revocation, savings and transitional provision) shall continue to have effect but, in so far as it relates to the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 , shall have effect as mentioned in paragraph (4) below.
3
Anything done under the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 2005 before 1st October 2009 shall be treated, so far as is required for continuing its effect on and after that date, as if it had been done under the equivalent provision of these Regulations or the Valuation Tribunal for England (Council Tax and Rating Appeals) (Procedure) Regulations 2009.
4
Subject to paragraph (5), the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 are revoked.
5
The Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 shall continue to have effect for the purposes of, and for purposes connected with —
a
any alteration of a list compiled before 1st April 2005;
b
any provision made by regulations under section 58 of the 1988 Act (special provision for 1995 onwards) as to the chargeable amount as regards a hereditament for a relevant period, as defined in that section, ending before 1st April 2005; or
c
any appeal made under regulation 19 of the Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2004 after 31st March 1993 and before 1st April 2005
and shall be treated for those purposes as if made under Schedule 11 as amended by the Local Government and Public Involvement in Health Act 2007, subject to the modifications set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Communities and Local Government
Bill McKenzie
Parliamentary Under Secretary of State
Department for Communities and Local Government
25th August 2009


text:
Title and commencement
1
This Order may be cited as the Plant Health (Forestry) (Amendment) Order 2009 and comes into force on 1st April 2009.
Amendments to the Plant Health (Forestry) Order 2005
2
1
The Plant Health (Forestry) Order 2005 is amended as follows.
2
In article 2(1)
a
for the definition of “the Directive” substitute —
“the Directive” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;
; and
b
after the definition of “Decision 2007/433/EC ” insert —
Decision 2008/840/EC ” means Commission Decision 2008/840/EC on emergency measures to prevent the introduction into and the spread within the Community of Anoplophora chinensis (Forster), as amended from time to time;
.
3
In Schedule 1, in the section “Insects, mites and nematodes” —
a
after item 1 insert “1a Anoplophora chinensis (Forster), the Citrus Longhorn Beetle”; and
b
after item 4 insert “4za Dendrolimus sibiricus Tschetverikov, the Siberian Coniferous Silk Moth”.
4
In Part A of Schedule 2 —
a
after item 2 insert —
2a. Trees intended for planting, other than trees in tissue culture and seeds, of Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan and the USA Agrilus planipennis Fairmaire, the Emerald Ash Borer
;
b
after item 12 insert —
13 Trees of Ulmus L. and Zelkova L., intended for planting, other than seeds Stegophora ulmea (Schweinitz: Fries) Sydow & Sydow, Elm Black Spot
.
5
In Part A of Schedule 4 —
a
for the text in column (3) of item 8 substitute —
“The wood packaging material shall:
from 1st July 2009, be free from bark with the exception of any number of individual pieces of bark if they are either less than 3 cm in width (regardless of the length) or, if greater than 3 centimetres in width, of not more than 50 square centimetres in area;
be subject to one of the approved treatments as specified in Annex I to ISPM No. 15; and
display a mark as specified in Annex II to ISPM No. 15, indicating that the wood packaging material has been subjected to an approved phytosanitary treatment”;
b
after item 10 insert —
10a Wood of Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., other than in the form of
chips, obtained in whole or part from these trees,
wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, actually in use in the transport of objects of all kinds,
wood used to wedge or support non-wood cargo, but including wood which has not kept its natural round surface, originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA
The wood shall be accompanied by an official statement that the wood:
originates in an area established by the national plant protection organisation in the country of export as being free from Agrilus planipennis Fairmaire; or
is squared so as to remove entirely the rounded surface
;
c
after item 14 insert —
14a Isolated bark of Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc. originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan and the USA The bark shall be accompanied by an official statement that the consignment:
originates in an area established by the national plant protection organisation in the country of export as being free from Agrilus planipennis Fairmaire; or
has been processed into pieces of not more than 2.5 cm thickness and width
;
d
after item 16 insert —
16a Wood in the form of chips obtained in whole or part from Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc. originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA The wood shall be accompanied by an official statement that it:
originates in an area established by the national plant protection organisation in the country of export as being free from Agrilus planipennis Fairmaire; or
has been processed into pieces of not more than 2.5 cm thickness and width
;
e
for the text in column (3) of item 17 substitute —
The dunnage shall:
from 1st July 2009, be free from bark with the exception of any number of individual pieces of bark if they are either less than 3 cm in width (regardless of the length) or, if greater than 3 centimetres in width, of not more than 50 square centimetres in area;
be subject to one of the approved treatments as specified in Annex I to ISPM No. 15; and
display a mark as specified in Annex II to ISPM No. 15, indicating that the wood has been subjected to an approved phytosanitary treatment
;
f
after item 19 insert —
19a Trees of Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., intended for planting, other than seeds and plants in tissue culture originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA The trees shall be accompanied by an official statement that they:
have been grown throughout their life in an area free from Agrilus planipennis Fairmaire, established by the national plant protection organisation in accordance with ISPM No. 4; or
have, for a period of at least two years prior to export, been grown in a place of production where no signs of Agrilus planipennis Fairmaire have been observed during two official inspections per year carried out at appropriate times, including immediately prior to export
; and
g
after item 32 add —
33 Trees of specified plants listed in Decision 2008/840/EC intended for planting, originating in any third country where Anoplophora chinensis (Forster) is known to occur Without prejudice to the requirements in Schedule 4, Part A, items 22 to 29, 31 and 32, the trees shall be accompanied by an official statement certifying that the requirements of paragraph (a) or (b) of point 1 of Part I of the Annex I to Decision 2008/840/EC have been met
.
6
In Part B of Schedule 4 —
a
in item 5b, for the text in column (2) substitute —
“Trees, other than seeds, of Quercus L., intended for planting, over 2 metres in height”;
b
after item 5b insert —
5c. Trees, other than seeds, of Quercus L., intended for planting, not more than 2 metres in height Without prejudice to the requirements in items 5 and 7, the trees shall be accompanied by an official statement that —
they have been grown in a nursery; and
they have been inspected, at appropriate times, and no symptoms of Thaumetopoea processionea (L.) have been observed on the trees at the place of production since the beginning of the last complete cycle of vegetation
; and
c
after item 7 add —
8. Trees of specified plants listed in Decision 2008/840/EC intended for planting, originating in an area from time to time demarcated under Article 5 of Decision 2008/840/EC The trees shall be accompanied by an official statement certifying that the requirements of paragraphs (i), (ii) and, as the case may be, (iii) (b) of point 1 of Part II of the Annex I to Decision 2008/840/EC have been met
.
7
In Part A of Schedule 5 —
a
for item 3 substitute —
3
Isolated bark of —
a
conifers (Coniferales), originating in any country outside Europe;
b
Acer saccharum Marsh., Populus L. or Quercus L. other than Quercus suber L.; or
c
Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA.
; and
b
for items 4(a)(iv) and (v) substitute —
iv
Acer saccharum Marsh., including wood which has not kept its natural round surface, originating in the USA or Canada;
v
Conifers (Coniferales), including wood which has not kept its natural round surface, originat-ing in any country outside Europe, Kazakhstan, Russia or Turkey; or
vi
Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., including wood which has not kept its natural round surface, originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA; and
.
8
In Part A of Schedule 6 and Part A of Schedule 7, after item 4 insert —
4a
Trees of specified plants listed in Decision 2008/840/EC intended for planting, originating in any third country where Anoplophora chinensis (Forster) is known to occur or in an area from time to time demarcated under Article 5 of Decision 2008/840/EC
.
Official Seal of the Forestry Commissioners
Wilma Harper
Secretary to the Forestry Commissioners
11th March 2009


text:
Title and commencement
1
1
These Regulations may be cited as the Plant Health (Import Inspection Fees) (England) (Amendment) Regulations 2009.
2
These Regulations come into force on 1st September 2009, except for regulation 4 which comes into force on 1st January 2010.
Amendments
2
The Plant Health (Import Inspection Fees) (England) Regulations 2006 are amended as follows.
Amendments coming into force on 1st September 2009
3
In Schedule 2 —
a
for the entry for Rosa, substitute the entry for Rosa set out in the Schedule to these Regulations;
b
after the entry for Prunus , insert the entry for Psidium set out in the Schedule to these Regulations.
Amendment coming into force on 1st January 2010
4
For Schedule 2, substitute —
SCHEDULE 2
IMPORT INSPECTION FEES (REDUCED RATES)
Regulation 4
Genus Quantity Country of origin Fee Fee (non-daytime working hours)
Where the total amount of any fee comprises an amount less than £0.01, that amount is to be excluded.
Cut flowers Dianthus Per consignment — up to 20,000 in number Colombia £0.39 £0.59 Ecuador £1.98 £2.97 Kenya, Turkey £3.31 £4.96 Israel £6.62 £9.93 — for each additional 1,000 units or part thereof Colombia £0.003 £0.004 Ecuador £0.01 £0.02 Kenya, Turkey £0.02 £0.03 Israel £0.05 £0.07 — maximum price Colombia £3.17 £4.76 Ecuador £15.88 £23.83 Kenya, Turkey £26.48 £39.72 Israel £52.96 £79.44 Rosa Per consignment — up to 20,000 in number Ecuador £0.39 £0.59 Colombia £0.66 £0.99 Ethiopia, Kenya £1.32 £1.98 Tanzania £1.98 £2.97 Zambia £6.62 £9.93 — for each additional 1,000 units or part thereof Ecuador £0.003 £0.004 Colombia £0.005 £0.007 Ethiopia, Kenya £0.01 £0.015 Tanzania £0.01 £0.02 Zambia £0.05 £0.07 — maximum price Ecuador £3.17 £4.76 Colombia £5.30 £7.94 Ethiopia, Kenya £10.59 £15.88 Tanzania £15.88 £23.83 Zambia £52.96 £79.44 Fruit Citrus Per consignment — up to 25,000 kg in weight Turkey £0.39 £0.59 Morocco £0.66 £0.99 Israel, Uruguay, USA £1.98 £2.97 Egypt, Mexico £3.31 £4.96 Peru £4.63 £6.95 Honduras £6.62 £9.93 — for each additional 1,000 kg or part thereof Turkey £0.01 £0.02 Morocco £0.02 £0.03 Israel, Uruguay,
USA
£0.07 £0.11 Egypt, Mexico £0.13 £0.19 Peru £0.18 £0.27 Honduras £0.26 £0.39 Malus Per consignment — up to 25,000 kg in weight Chile £0.92 £1.39 Argentina, New Zealand, South Africa £1.32 £1.98 Brazil £1.98 £2.97 China, USA £3.31 £4.96 — for each additional 1,000 kg or part thereof Chile £0.03 £0.05 Argentina, New Zealand, South Africa £0.05 £0.07 Brazil £0.07 £0.11 China, USA £0.13 £0.19 Mangifera Per consignment — up to 25,000 kg in weight Brazil £1.32 £1.98 — for each additional 1,000 kg or part thereof Brazil £0.05 £0.07 Passiflora Per consignment — up to 25,000 kg in weight Columbia, Kenya £1.32 £1.98 Zimbabwe £4.63 £6.95 South Africa £6.62 £9.93 — for each additional 1,000 kg or part thereof Columbia, Kenya £1.32 £1.98 Zimbabwe £0.18 £0.27 South Africa £0.26 £0.39 Prunus Per consignment — up to 25,000 kg in weight Chile, South Africa, Turkey £1.32 £1.98 Argentina £4.63 £6.95 USA £6.62 £9.93 — for each additional 1,000 kg or part thereof Chile, South Africa, Turkey £0.05 £0.07 Argentina £0.18 £0.27 USA £0.26 £0.39 Psidium Per consignment — up to 25,000 kg in weight Brazil £9.93 £14.89 — for each additional 1,000 kg or part thereof Brazil £0.39 £0.58 Pyrus Per consignment — up to 25,000 kg in weight Argentina, South Africa £1.98 £2.97 Chile, China £4.63 £6.95 — for each additional 1,000 kg or part thereof Argentina, South Africa £0.07 £0.11 Chile, China £0.18 £0.27 Vegetables Solanum melongena Per consignment — up to 25,000 kg in weight Turkey £1.32 £1.98 — for each additional 1,000 kg or part thereof Turkey £0.05 £0.07
.
Bryan Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
21st July 2009
We consent,
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
21st July 2009


text:
PART I
General
Citation, commencement and interpretation
1
1
The title of these Regulations is the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009 and come into force on 1 August 2009.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” (“ y Ddeddf ”) means the National Health Service (Wales) Act 2006;
“appointee” (“ penodai ”) means the chair or a non-executive director of the Trust ;
“director” (“ cyfarwyddwr ”) in relation to the Trust includes its chair;
“establishment date” (“ dyddiad sefydlu ”) means 1 August 2009;
“executive director” (“ cyfarwyddwr gweithredol ”) and “non-executive director” (“cyfarwyddwr anweithredol”) have the meaning assigned to them in paragraph 3(3) of Schedule 3 to the Act;
“health service body” (“ corff gwasanaeth iechyd ”) means —
a Strategic Health Authority, a Special Health Authority, a Primary Care Trust, an NHS trust, an NHS foundation trust, a Local Health Board or a PHS body as defined in section 139(6) of the National Health Service Act 2006 and section 97(6) of the Act or a contractor which is treated as a health service body pursuant to regulation 10 of the National Health Service (Local Pharmaceutical Services etc ) Regulations 2006 ;
a Health Board, a Special Health Board or the Common Services Agency for the Scottish Health Service, respectively constituted under section 2, 10 and 12A of the National Health Service (Scotland) Act 1978 ;
the Scottish Dental Practice Board constituted by Regulations having effect under section 4 of the National Health Service (Scotland) Act 1978;
the Independent Regulator of NHS Foundation Trusts;
“Independent Regulator of NHS Foundation Trusts” (“ Rheoleiddiwr Annibynnol Ymddiriedolaethau Sefydledig GIG ”) means the body corporate continued in existence by section 31(1) of the National Health Service Act 2006;
“operational date” (“ dyddiad gweithredol ”) has the meaning assigned to it in paragraph 5(5) of Schedule 3 to the Act;
“the 1990 Regulations ” (“ Rheoliadau 1990 ”) means the National Health Service Trusts (Membership and Procedure) Regulations 1990
“the relevant committee” (“ y pwyllgor perthnasol ”) means a committee of an NHS trust appointed under either regulation 21 or regulation 22 whichever is appropriate;
“the Trust” (“ yr Ymddiriedolaeth ”) means the Public Health Wales National Health Service Trust established by the Public Health Wales National Health Service Trust (Establishment) Order 2009 ;
“trade union” (“ undeb llafur ”) has the meaning assigned to it in section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 .
3
In regulation 24 —
“public body” (“ corff cyhoeddus ”) includes —
any body established for the purposes of carrying on, under national ownership, any industry or part of any industry or undertaking; and
the governing body of any university, university college or college, school or hall of a university;
“securities” “( gwarannau ”) means —
shares or debentures, whether constituting a charge on the assets of the company or other body or not, or rights or interests in any shares or such debentures, or
rights (whether actual or contingent) in respect of money lent to or deposited with any industrial and provident society or building society;
“shares” (“ cyfranddaliadau ”) means shares in the share capital of a company or other body or the stock of a company or other body.
4
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
PART II
Membership
Maximum number of directors
2
1
The maximum number of directors of the Trust will be 11 excluding the chair.
2
The Trust may have no more than 6 non-executive directors (excluding the chair), and no more than 5 executive directors.
Appointment of directors
3
1
The non-executive directors of the Trust will be appointed by the Welsh Ministers in accordance with the provisions of Schedule 1.
2
The executive directors will be appointed by the relevant committee.
Executive Directors
4
The executive directors of the Trust will be —
a
the chief officer;
b
the chief finance officer;
c
three other directors appointed by the Trust.
Non-Executive Directors
5
1
The non-executive directors of the Trust will include —
a
a person nominated by a university in Wales with teaching or research specialism in public health;
b
a person nominated by a local authority or local authorities in Wales;
c
a person who is an employee or member of a voluntary sector organisation in Wales;
d
a person who is an officer of a trade union or other employee representative body representing staff of the Trust.
2
The Welsh Ministers may determine the nominating local authority or local authorities for the purposes of regulation 5(1)(b).
Persons to be regarded as executive directors
6
1
A person who is not an employee of the Trust but who —
a
holds a post in a university with a medical or dental school, and also works for the Trust; or
b
is seconded from his or her employers to work for the Trust;
is nevertheless, on appointment as a director, to be regarded as an executive director of the Trust appointed under regulation 4(c) rather than a non-executive director of the Trust.
2
Paragraph (1) does not apply to the non-executive director referred to in paragraph (a) of regulation 5(1).
Joint directors
7
Where more than one person is appointed jointly to a post in the Trust which qualifies the holder for executive directorship or in relation to which an executive director is to be appointed, those persons will become or be appointed an executive director jointly, and will count for the purposes of regulation 2 as one person.
Tenure of office of chair and directors
8
1
Subject to regulation 10, the chair and non-executive directors of the Trust are appointed for such period not exceeding four years as the Welsh Ministers may specify on making the appointment.
2
Subject to regulation 9, the tenure of office of executive directors, other than the chief officer and chief finance officer, will be for such period as the relevant committee may specify on making the appointment.
Tenure and suspension of tenure of office of executive directors
9
1
Subject to regulation 8(2), an executive director of the Trust will hold office —
a
if that director is not the chief officer or the chief finance officer, for as long as he or she holds a post in the Trust;
b
if that director is the chief officer or the chief finance officer, for as long as he or she holds that post in the Trust.
2
If the relevant committee is of the opinion that it is not in the interests of the Trust that an executive director of the Trust other than the chief officer or chief finance officer should continue to hold office as director the relevant committee will immediately terminate his or her tenure of office.
3
If an executive director of the Trust is suspended from his or her post in the Trust that director will be suspended from performing his or her functions as director for the period of his or her suspension.
4
An executive director other than the chief officer or chief finance officer of the Trust may resign his or her office at any time during the period for which he or she was appointed by giving notice in writing to the relevant committee.
Termination of tenure of office of chair and non-executive directors
10
1
The chair or a non-executive director of the Trust may resign his or her office at any time during the period for which he or she was appointed by giving notice in writing to the Welsh Ministers.
2
Where during his or her period of directorship a non-executive director of the Trust is appointed chair of the Trust, his or her tenure of office as non-executive director will terminate when his or her appointment as chair takes effect.
3
If the Welsh Ministers are of the opinion that it is not in the interests of the health service for a person appointed as a chair or non-executive director of the Trust to continue to hold that office, the Welsh Ministers may immediately terminate that person’s tenure of office.
4
If a chair or non-executive director of the Trust has not attended a meeting of the Trust for a period of six months the Welsh Ministers will immediately terminate his or her tenure of office unless the Welsh Ministers are satisfied that —
a
the absence was due to a reasonable cause; and
b
the chair or non-executive director will be able to attend meetings of the Trust within such period as the Welsh Ministers consider reasonable.
5
Where a person has been appointed the chair or non-executive director of the Trust —
a
if that person becomes disqualified for appointment under regulation 15 the Welsh Ministers will immediately notify him or her in writing of such disqualification; or
b
if it comes to the notice of the Welsh Ministers that at the time of that person’s appointment he or she was so disqualified, they will immediately declare that the person was not duly appointed and so notify him or her in writing,
and upon receipt of any such notification, his or her tenure of office, if any, will be terminated and that person will cease to act as chair or non-executive director.
6
A person appointed as chair or non-executive director of the Trust must immediately notify the Trust if that person becomes disqualified for appointment under regulation 15.
7
If it appears to the Welsh Ministers that the chair or non-executive director of the Trust has failed to comply with regulation 24 (disclosure etc on account of pecuniary interest) they may immediately terminate that person’s tenure of office.
8
Where any one of the non-executive directors referred to respectively in —
a
paragraph (c) of regulation 5(1) cease to be a member or employee of the voluntary organisation in Wales;
b
paragraph (d) of regulation 5(1) cease to be an officer of the trade union or employee representative body
the Welsh Ministers will terminate his or her appointment as non-executive director.
Suspension of chair and non-executive directors
11
1
The Welsh Ministers may suspend an appointee from performing the appointee’s functions as chair or director while the Welsh Ministers consider whether —
a
to remove the person from office under regulation 10(3) or (7); or
b
the person is disqualified for appointment under regulation 15, or was so disqualified at the time of appointment.
2
The Welsh Ministers will notify a person suspended under paragraph (1) of the decision to suspend, and the decision will take effect upon receipt of such notification.
3
Subject to paragraphs (4) and (5), a period of suspension under paragraph (1) will not exceed six months.
4
The Welsh Ministers may at any time review a suspension and will review a suspension after three months if so requested in writing by the person who has been suspended.
5
On reviewing a suspension, the Welsh Ministers may —
a
revoke the suspension, in which case it ceases to have effect; or
b
suspend the appointee from performing the appointee’s functions as chair or director for a period of not more than six months from the expiry of the current period of suspension.
Suspension: effect on maximum number of directors and on meetings
12
1
This regulation applies where an appointee is suspended under regulation 11.
2
Where this regulation applies —
a
references in paragraphs 2(2) and 3(5)) of Schedule 2 to the whole number of directors mean the whole number of directors excluding any directors who are suspended under regulation 11;
b
references in paragraph 2(3) of Schedule 2 to a director means a director other than a director who is suspended under regulation 11.
Suspension of chair: appointment of vice-chair
13
1
This regulation applies where the chair of the Trust is suspended under regulation 11.
2
If a vice-chair has been appointed under regulation 18 (appointment of vice-chair), that appointment ceases to have effect from the time that the chair is suspended.
3
The Welsh Ministers may, for the purpose of enabling the proceedings of the Trust to be conducted in the absence of the chair, appoint a non-executive director of the Trust to be vice-chair.
4
The appointment of a vice-chair under paragraph (3) must be for such a period, not exceeding the shorter of —
a
the period for which the chair is suspended; and
b
the remainder of the non-executive director’s term as a director of the Trust,
as the Welsh Ministers may specify on making the appointment.
5
When the period for which a person is appointed as vice-chair expires, the Welsh Ministers may re-appoint the person, or appoint another non-executive director, as vice-chair in accordance with paragraph (3).
6
Any person appointed under paragraph (3) may at any time resign from the office of vice-chair by giving notice in writing to the Welsh Ministers.
7
The Welsh Ministers may terminate a person’s appointment as vice-chair under paragraph (3) if the Welsh Ministers are of the opinion that it would be in the best interests of the Trust for another non-executive director of the Trust to be vice-chair.
8
If —
a
a person resigns from the office of vice-chair under paragraph (6); or
b
the Welsh Ministers terminate a person’s appointment as vice-chair under paragraph (7),
the Welsh Ministers may appoint another non-executive director as vice-chair in accordance with paragraph (3).
Eligibility for reappointment
14
1
Subject to paragraph 3 and regulation 15 the chair or non-executive director of the Trust will, on the termination of the period of his or her tenure of office, be eligible for reappointment.
2
An executive director of the Trust appointed under regulation 4(3) to whom regulation 6 applies will on the termination of the period of his or her tenure of office be eligible for reappointment.
3
A person may not hold office as non-executive director for a total period of more than eight years.
Disqualification for appointment of chair and non-executive directors
15
1
Subject to regulation 16 a person is disqualified for appointment as the chair or non-executive director of the Trust if —
a
that person has within the preceding five years been convicted in the United Kingdom, any of the Channel Islands or the Isle of Man of any offence and has had passed on him or her a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or
b
that person is the subject of a bankruptcy restrictions order or an interim order or has made a composition or arrangement with creditors; or
c
that person has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body; or
d
that person is a person whose tenure of office as the chair, member or director or governor of a health service body has been terminated because his or her appointment is not in the interests of the health service or the health service body in question, for non-attendance at meetings or for non-disclosure of a pecuniary interest; or
e
that person is a chair, member, director or employee of a health service body other than an NHS foundation trust; or
f
that person is a chair, director or employee of an NHS foundation trust; or
g
that person is the chair or another member of the Independent Regulator of NHS Foundation Trusts.
2
For the purposes of paragraph (1)(a) the date of conviction is deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires, or if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of it not being prosecuted.
3
For the purposes of paragraph (1)(c) a person will not be treated as having been in paid employment by reason only of his or her being chair, member or director or, in the case of an NHS foundation trust his or her being chair, governor, or non-executive director of, the health service body in question.
4
A person will not be disqualified by paragraph (1)(e) from being the chair or a non-executive director of the Trust during the period between the date on which it is established and its operational date by virtue of being the chair or a non-executive director of another NHS trust.
Cessation of disqualification
16
1
Subject to paragraph (2) where a person is disqualified under regulation 15(1)(c) (dismissed employees) that person may, after the expiry of a period of not less than two years, apply in writing to the Welsh Ministers to remove the disqualification and the Welsh Ministers may direct that the disqualification will cease.
2
Where the Welsh Ministers refuse an application to remove a disqualification no further application may be made by that person until the expiration of two years from the date of the application.
3
Where a person is disqualified under regulation 15(1)(d) (certain chairmen and directors whose appointments have been terminated), the disqualification will cease on the expiry of a period of two years or such longer period as the Welsh Ministers specify when terminating his or her period of office but the Welsh Ministers may on application being made to him or her by that person, reduce the period of disqualification.
PART III
Constitution and Proceedings
Appointment of vice-chair
17
1
For the purpose of enabling the proceedings of the Trust to be conducted in the absence of the chair, the directors of the Trust may appoint a non-executive director from amongst them to be vice-chair for such a period, not exceeding the remainder of his or her term as non-executive director of the Trust, as they may specify on appointing him or her.
2
Any non-executive director so elected may at any time resign from the office of vice-chair by giving notice in writing to the chair and the directors of the Trust may thereupon appoint another non-executive director as vice-chair in accordance with paragraph (1).
3
This regulation does not apply when regulation 13 applies.
Powers of vice-chair
18
Where the chair of the Trust has died or has otherwise ceased to hold office or where he or she has been unable to perform his or her duties as chair owing to illness, absence from England and Wales, suspension under regulation 11 or any other cause, references to the chair in Schedule 2 will, so long as there is no chair, or the chair is unable to perform his or her duties, be taken to include references to the vice-chair.
Appointment of committees and sub-committees
19
1
Subject to regulations 21 and 22 the Trust may appoint committees of the Trust consisting wholly or partly of directors or wholly of persons who are not directors.
2
A committee appointed under this regulation may appoint sub-committees consisting wholly or partly of members of the committee (whether or not they include the directors of the trust) or wholly of persons who are not members of the committee (whether or not they include the directors of the trust).
Arrangements for the exercise of functions
20
Subject to regulations 21 and 22 the Trust may make arrangements for the exercise, on behalf of the Trust, of any of its functions by a committee or sub-committee appointed by virtue of regulation 19 subject to such restrictions and conditions as the Trust thinks fit.
Committee for appointing chief officer as director
21
The Trust will appoint a committee whose members will be the chair and non-executive directors of the trust whose function will be to appoint the chief officer as a director of the Trust.
Committee for appointing executive directors other than chief officer
22
The Trust will appoint a committee whose members will be the chair, the non-executive directors and the chief officer whose function will be to appoint the executive directors other than the chief officer .
Meetings and Proceedings
23
1
The meetings and proceedings of the Trust must be conducted in accordance with the rules set out in Schedule 2 and with standing orders made under paragraph (2).
2
Subject to Schedule 2 and to regulation 24 the Trust must make and may vary or revoke standing orders for the regulation of its proceedings and business and provision may be made in such standing orders for the suspension of them.
3
The Trust may make, vary and revoke standing orders relating to the quorum, proceedings and place of meetings of a committee or sub-committee but, subject to regulation 24 and to any such standing orders, the quorum, proceedings and place of meeting will be such as the committee or sub-committee may determine.
4
The proceedings of the Trust will not be invalidated by any vacancy in its membership or by any defect in a director’s appointment.
Disability of directors in proceedings on account of pecuniary interest
24
1
Subject to the following provisions of this regulation, if a director of the Trust has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at a meeting of the Trust at which the contract or other matter is the subject of consideration, that director must at the meeting and as soon as practicable after its commencement disclose the fact and must not take part in the consideration and discussion of the contract or other matter or vote on any question with respect to it.
2
The Welsh Ministers may, subject to such conditions as they may think fit to impose, remove any disability imposed by this regulation, in any case in which it appears to them in the interests of the health service that the disability should be removed.
3
The Trust may, by standing orders made under regulation 23 provide for the exclusion of a director from a meeting of the trust while any contract, proposed contract, or other matter in which he or she has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to a director by virtue of paragraph 11 of Schedule 3 to the Act may not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), a director must be treated for the purposes of this regulation as having indirectly a pecuniary interest in a contract, proposed contract or other matter if —
a
that director, or a nominee of his or hers, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
that director is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration and, in the case of married persons or civil partners, the interest of one spouse or civil partner is deemed for the purpose of this regulation to be also an interest of the other.
6
A director will not be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
that director’s membership of a company or other body if he or she has no beneficial interest in any securities of that company or other body;
b
of an interest in any company, body or person with which he or she is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a director in the consideration or discussion of or in voting on, any question with respect to that contract or matter.
7
Where a director —
a
has an indirect pecuniary interest in a contract or other matter by reason only of a beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one hundredth of the total nominal value of the issued share capital of the company or body, whichever is the less; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he or she has the beneficial interest does not exceed one hundredth of the total issued share capital of that class,
this regulation will not prohibit that director from taking part in consideration or discussion of the contract or other matter or from voting on any question in respect to it without prejudice however to his or her duty to disclose his or her interest.
8
This regulation applies to a committee or sub-committee of the Trust as it applies to the Trust and applies to any member of any such committee or sub-committee (whether or not that person is also a director of the trust) as it applies to a director of the Trust.
Transitional Provision
25
Between the establishment date and the operational date paragraph 3(5) of Schedule 2 applies as if it read —
No business may be transacted at a meeting of the Trust unless the chair and one non-executive director are present or two non-executive directors are present.
Consequential amendments
26
1
In regulation 1(2) of the 1990 Regulations insert the following definition in the appropriate place —
“the Public Health Wales National Health Service Trust” means the NHS trust established by the Public Health Wales National Health Service Trust (Establishment) Order 2009.
2
Insert an additional regulation in the 1990 Regulations immediately after regulation 1 of those Regulations —
The Public Health Wales National Health Service Trust
1A
These Regulations do not apply to the Public Health Wales National Health Service Trust.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
9 June 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Youth Rehabilitation Order (Electronic Monitoring Requirement) Order 2009 and shall come into force on 30 November 2009.
2
In this Order “the 2008 Act ” means the Criminal Justice and Immigration Act 2008.
Persons responsible for monitoring
2
The description of person responsible for the monitoring under a youth rehabilitation order with an electronic monitoring requirement, for the purposes of paragraph 26(5) of Schedule 1 to the 2008 Act (electronic monitoring requirement) —
a
where an offender to whom the requirement applies resides in a police area specified in Schedule 1, is a person employed to monitor offenders by Serco Group plc, Serco House, 16 Bartley Wood Business Park, Bartley Way, Hook, Hampshire RG27 9UY; and
b
where an offender to whom the requirement applies resides in a police area specified in Schedule 2, is a person employed to monitor offenders by G4S Care and Justice Services ( UK ) Limited, Sutton Park House, 15 Carshalton Road, Sutton, Surrey SM1 4LD.
Signed by the authority of the Secretary of State
Maria Eagle
Minister of State
Ministry of Justice
3rd November 2009