text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Pharmacy Order 2010 (Appeals – Transitional Provisions) Order of Council 2010 and comes into force on 27th September 2010.
2
In this Order —
“ the Order ” means the Pharmacy Order 2010;
“appealable fitness to practise decision” means an appealable fitness to practise decision within the meaning of article 56 of the 2007 Order (appeals against appealable fitness to practise decisions) ;
“appealable registration decision” means an appealable registration decision within the meaning of article 42 of the 2007 Order (appealable registration decisions);
“ Appeals Committee ” means the Appeals Committee of the Council established under article 4(6)(c) of the Order;
“appointed day” means the day appointed for the coming into force of the revocation of the 2007 Order ; and
“ Registration Appeals Committee ” means the Registration Appeals Committee of the Society established under article 7(1)(f) of the 2007 Order.
Appealable registration decisions: right to appeal a decision of the Society
2
1
This article applies, for transitional purposes, where —
a
an appealable registration decision has been made by the Society or any of its committees before the appointed day; and
b
the period within which an appeal against that decision may be brought to the Registration Appeals Committee under article 43 of the 2007 Order (appeals to the Registration Appeals Committee) by the person in respect of whom the decision was made (“the person concerned”) has not, immediately before the appointed day, expired.
2
An appeal may be brought by the person concerned to the Appeals Committee against a decision to which this article applies provided that the appeal is brought, in accordance with the relevant provisions of the 2007 Order, before the end of the period of 28 days beginning with the date on which the written notice of the reasons for the decision was sent to that person.
3
The proceedings in respect of an appeal which is brought by virtue of paragraph (2) must be disposed of by the Appeals Committee —
a
in accordance with the relevant provisions of the 2007 Order as if those provisions remained in force; or
b
in such other manner as it considers just.
4
Article 44 of the 2007 Order (appeals from the Registration Appeals Committee) applies in relation to any decision of the Appeals Committee that is made by virtue of this article; and in its application by virtue of this paragraph any references —
a
to the Registration Appeals Committee are to be treated as references to the Appeals Committee; and
b
to the Registrar are to be treated as references to the Registrar for the purposes of the Order.
Appealable registration decisions: right to appeal a decision of the Registration Appeals Committee
3
1
This article applies, for transitional purposes, where —
a
the Registration Appeals Committee has, before the appointed day, made a decision on appeal in respect of an appealable registration decision made by the Society or any of its committees; and
b
the period within which an appeal against that decision may be brought to the relevant court under article 44 of the 2007 Order by the person in respect of whom the decision was made (“the person concerned”) has not, immediately before the appointed day, expired.
2
An appeal may be brought by the person concerned to the relevant court against a decision to which this article applies provided that the appeal is brought (subject to any rules of court in respect of the admissibility of applications to it) before the end of the period of 28 days beginning with the date on which the written notice of the reasons for the decision was sent to that person.
3
The proceedings in respect of an appeal which is brought by virtue of paragraph (2) must be disposed of by the relevant court in accordance with the relevant provisions of the 2007 Order as if those provisions remained in force.
4
Part 4 of, and Parts 2 and 3 of Schedule 2 to, the 2007 Order apply in respect of any decision of the relevant court that is made by virtue of paragraph (3); and in its application by virtue of this paragraph any references —
a
to the Society, are to be treated as references to the Council;
b
to the Investigating Committee, are to be treated as references to the Investigating Committee of the Council established under article 4(6)(a) of the Order;
c
to the Disciplinary Committee or the Health Committee, are to be treated as references to the Fitness to Practise Committee of the Council established under article 4(6)(b) of the Order; and
d
to the Registrar, are to be treated as references to the Registrar for the purposes of the Order.
5
In this article, “the relevant court” means —
a
in the case of an appeal relating to an individual domiciled in Scotland, the sheriff in whose sheriffdom the individual is domiciled; and
b
in any other case, the county court (the Central London County Court if the person making the appeal is not domiciled in Great Britain).
Appealable fitness to practise decisions: right to appeal a decision of the Society
4
1
This article applies, for transitional purposes, where —
a
an appealable fitness to practise decision has been made by the Society or any of its committees before the appointed day; and
b
the period within which an appeal may be brought to the relevant court against that decision under article 56(2) of the 2007 Order (appeals against appealable fitness to practise decisions) by the person in respect of whom the decision was made (“the person concerned”) has not, immediately before the appointed day, expired.
2
An appeal may be brought by the person concerned to the relevant court against a decision to which this article applies provided that the appeal is brought (subject to any rules of court in respect of the admissibility of applications to it) before the end of the period of 28 days beginning with the date on which the written notice of the reasons for the decision was sent to that person.
3
The proceedings in respect of an appeal which is brought by virtue of paragraph (2) must be disposed of by the relevant court in accordance with the relevant provisions of the 2007 Order as if those provisions remained in force.
4
Part 5 of, and Part 4 of Schedule 2 to, the 2007 Order apply in respect of any decision of the relevant court that is made by virtue of paragraph (3); and in the application of those provisions by virtue of this paragraph any references —
a
to the Society, are to be treated as references to the Council;
b
to the Investigating Committee, are to be treated as references to the Investigating Committee of the Council established under article 4(6)(a) of the Order;
c
to the Disciplinary Committee or the Health Committee, are to be treated as references to the Fitness to Practise Committee of the Council established under article 4(6)(b) of the Order; and
d
to the Registrar, are to be treated as references to the Registrar for the purposes of the Order.
5
In this article, “the relevant court” means —
a
in a case where the person making the appeal is domiciled in Scotland, the Court of Session; and
b
in any other case, the High Court.
Proceedings by or in relation to the Council
5
1
For the purposes of this Order —
a
anything done before the appointed day by or in relation to the Society for the purposes of, or otherwise in connection with, the regulatory activity of the Society is to have effect as if done by or in relation to the Council; and
b
anything (which may include legal proceedings) which, when this Order takes effect —
i
could be done by or in relation to the Society in connection with the regulatory activity of the Society before the appointed day is, if done on or after that day whether by virtue of this Order or otherwise, to have effect as if done by or in relation to the Council; and
ii
is, immediately before the appointed day, in the process of being done, otherwise than by virtue of this Order, by or in relation to the Society in connection with the regulatory activity of the Society before the appointed day, is to have effect as if done by or in relation to, and may be continued by or in relation to, the Council.
2
In this article, “regulatory activity” means, in relation to the Society, any activity undertaken by the Society in respect of its statutory functions under the 2007 Order, Parts 3 and 4 of the Medicines Act 1968 , the Poisons Act 1972 and the Poisons Rules or under the provisions of any other enactment which confers a regulatory function on the Society.
Judith Simpson
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
PART 1 Introductory
Citation and commencement
1
This Order may be cited as the South Downs National Park Authority (Establishment) Order 2010, and comes into force on 24th March 2010.
Interpretation
2
In this Order —
“the 1972 Act ” means the Local Government Act 1972 ;
“the 1989 Act ” means the Local Government and Housing Act 1989 ;
“the 1995 Act ” means the Environment Act 1995;
“the 2000 Act ” means the Countryside and Rights of Way Act 2000 ;
“the acting National Park officer” means the officer appointed by the Secretary of State in accordance with article 11;
“ the Authority ” means the South Downs National Park Authority established by article 3;
“the establishment date” means 1st April 2010;
“the National Park” means the South Downs National Park ;
“the National Park officer” means the officer appointed by the Authority in accordance with paragraph 14 of Schedule 7 to the 1995 Act;
“the operational date” means 1st April 2011;
“the relevant functions” means the functions which under Part 3 of the 1995 Act or this Order become, on the operational date, functions of the Authority;
“a South Downs local authority” means a council mentioned in article 5; and
“the transitional period” means the period beginning with the establishment date and ending with 31st March 2011.
PART 2 Establishment, constitution and administration of the Authority
Establishment
3
On the establishment date, an authority for the National Park, to be known as “the South Downs National Park Authority”, is established.
Membership of the Authority
4
1
The specified number of local authority members of the Authority is fourteen.
2
The specified number of parish members of the Authority to be appointed by the Secretary of State is six.
3
The specified number of other members of the Authority to be appointed by the Secretary of State is seven.
Appointment of local authority members of the Authority
5
The local authority members of the Authority are to be appointed as follows —
a
one member is to be appointed by East Sussex County Council;
b
one member is to be appointed by Hampshire County Council;
c
one member is to be appointed by West Sussex County Council;
d
one member is to be appointed by Arun District Council;
e
one member is to be appointed by Brighton and Hove City Council;
f
one member is to be appointed by Chichester District Council;
g
one member is to be appointed by Eastbourne Borough Council;
h
one member is to be appointed by East Hampshire District Council;
i
one member is to be appointed by Horsham District Council;
j
one member is to be appointed by Lewes District Council;
k
one member is to be appointed by Mid Sussex District Council;
l
one member is to be appointed by Wealden District Council;
m
one member is to be appointed by Winchester City Council; and
n
one member is to be appointed by Adur District Council and Worthing Borough Council acting jointly.
First appointment of members of the Authority
6
1
The Secretary of State and each of the South Downs local authorities must appoint their respective first members of the Authority before the establishment date, and those appointments take effect on that day.
2
But no appointment on or after that date is to be treated as invalid by reason only of a failure to make the appointment as required by this article.
Resignation of office
7
A member may at any time resign from membership of the Authority by notice in writing delivered to the Authority, and that resignation is to take effect on the receipt of the notice by the Authority.
Vacancies
8
Where a vacancy arises in the membership of the Authority, it must be filled as soon as possible —
a
where the vacancy is for a local authority member, by the council in whose representation the vacancy arises in accordance with paragraph 2(4) to (5B) and (7) (local authority members) of Schedule 7 to the 1995 Act; and
b
where the vacancy is for a member appointed by the Secretary of State, by the Secretary of State in accordance with paragraph 3 (parish members of English National Park authorities) or paragraph 4 (members (other than parish members) appointed by the Secretary of State), as the case may be, of Schedule 7 to the 1995 Act.
Notice of appointment, etc.
9
1
Where —
a
a member is appointed to the Authority, or
b
a vacancy arises in the membership of the Authority for any reason other than resignation —
the relevant authority must as soon as practicable give notice in writing to the Authority stating the information specified in paragraph (2).
2
The information mentioned in paragraph (1) is —
a
in a case within paragraph (1)(a), the name of the member and the date of that member’s appointment; and
b
in a case within paragraph (1)(b), the occurrence of the vacancy
3
As soon as practicable after receiving a notice under article 7 or this article, the Authority must give public notice of —
a
the appointment or, as the case may be, the resignation, termination or vacancy; and
b
the name of the person concerned.
4
In paragraph (1), “the relevant authority” means —
a
where the member, or the former member, was a local authority member, the council by whom that member was appointed; or
b
where the member, or the former member, was appointed by the Secretary of State, the Secretary of State;
and for this purpose “the former member” means the member the ending of whose membership gives rise to the vacancy.
Meetings and proceedings
10
Schedule 1 contains provisions about the meetings and proceedings of the Authority.
Acting National Park officer
11
1
Until the Authority appoints a National Park officer in accordance with paragraph 14 of Schedule 7 to the 1995 Act, the Secretary of State must appoint an officer, to be known as the “acting National Park officer”.
2
Until the appointment of a National Park officer as described in paragraph (1), the acting National Park officer has the powers of the National Park officer for the Authority and is to act as that officer.
Reports and returns
12
The Authority must, if so requested by the Secretary of State, forthwith send or give to Natural England and to each South Downs local authority a copy of any report, return or information which the Authority is required to send or give to the Secretary of State in accordance with section 230 of the 1972 Act (reports and returns).
Accounts, etc.
13
1
Subject to paragraphs (2) and (3), the Authority must —
a
keep a fund (known as the general fund) to which all income of the Authority must be carried, and from which all expenditure discharging liabilities must be met; and
b
keep accounts of income and expenditure of the general fund.
2
The provisions of paragraph (1) are without prejudice to any provision contained in any enactment or instrument requiring the Authority to keep —
a
a specific fund or funds in respect of specified income and expenditure of the Authority; or
b
specific accounts in respect of specified income and expenditure of any funds of the Authority.
3
Nothing in paragraph (1)(a) is to be construed as requiring or authorising the Authority to apply or dispose of the surplus revenue arising from any undertaking carried on by it otherwise than in accordance with any enactment or instrument applicable to the undertaking.
Staff
14
Schedule 2 contains provisions in relation to the transfer of staff to the Authority.
PART 3 Functions
Application of section 4A of the Town and Country Planning Act 1990
15
In relation to the South Downs National Park, the date specified as the time from which section 4A of the Town and Country Planning Act 1990 (National Parks with National Park authorities) applies is 1st April 2011.
PART 4 Application of enactments, transitional and supplemental provision etc.
Application of enactments
16
Schedule 3 applies various enactments to the Authority with specified modifications.
Transitional and supplemental provision
17
Schedule 4 contains transitional and supplemental provisions.
Continuity of exercise of functions
18
1
The validity of anything done by or in relation to a South Downs local authority before the operational date is not affected by the vesting in the Authority on that date of the relevant functions of the South Downs local authorities.
2
The Authority may continue, on or after the operational date, any action or matter commenced before that date by a South Downs local authority in relation to any relevant function, and anything done by that local authority in relation to that action or matter has effect, so far as is required for continuing its effect on and after the operational date, as if done by the Authority.
3
Any reference, however framed, to a South Downs local authority in any document relating to any of the relevant functions is to be construed, so far as is required for giving effect to this article, as a reference to the Authority.
4
The provisions of this article are without prejudice to any other provision made under this Order in relation to any particular relevant function.
5
The provisions of this article are not to be taken to continue in force any contract of employment (but see paragraph 3 of Schedule 2).
Signed by authority of the Secretary of State
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
1st March 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Consumer Credit (Disclosure of Information) Regulations 2010 and shall come into force on 30th April 2010.
2
In these Regulations —
“ the Act ” means the Consumer Credit Act 1974;
“advance payment” includes any deposit and in relation to a regulated consumer credit agreement includes also any part-exchange allowance in respect of any goods agreed in antecedent negotiations not to be taken by the creditor in part exchange but does not include a repayment of credit or any insurance premium or any amount entering into the total charge for credit;
“ancillary service” means a service that relates to the provision of credit under the agreement and includes in particular an insurance or payment protection policy;
“the APR ” means the annual percentage rate of charge for credit determined in accordance with Schedule 2 to these Regulations and the Total Charge for Credit Regulations ;
“cash price” in relation to any goods, services, land or other things means the price or charge at which the goods, services, land or other things may be purchased by, or supplied to, the debtor for cash account being taken of any discount generally available from the dealer or supplier in question;
“credit intermediary” has the same meaning as in section 160A of the Act;
“distance contract” means any regulated agreement made under an organised distance sales or service-provision scheme run by or on behalf of the creditor who, in any such case, for the purpose of that agreement makes exclusive use of one or more means of distance communication up to and including the time at which the agreement is made. For this purpose, “means of distance communication” means any means which, without the simultaneous physical presence of the creditor or a person acting on behalf of the creditor and of the debtor, may be used for the making of a regulated agreement between the parties to that agreement;
“excluded pawn agreement” means a pawn agreement —
where the debtor is not a new customer of the creditor (see paragraph (5)), and
where, before the agreement is made, the creditor has not received a request from the debtor for the pre-contract credit information (see regulation 9);
“linked credit agreement” means a regulated consumer credit agreement which —
serves exclusively to finance an agreement for the supply of specific goods or the provision of a specific service or land, and
where the supplier or service provider himself finances the credit for the debtor, or if it is financed by a third party, where the creditor uses the services of the supplier or service provider in connection with the preparation or making of the credit agreement, or
where the specific goods or land or the provision of a specific service are explicitly specified in the credit agreement;
“pawn agreement” means a consumer credit agreement under which the creditor takes an article in pawn;
“pre-contract credit information” means the information specified in regulation 3(4);
“total amount of credit” means the credit limit or the total sums made available under a consumer credit agreement;
“total amount payable” means the sum of the total charge for credit and the total amount of credit payable under the agreement as well as any advance payment;
“total charge for credit” means the total charge for credit determined in accordance with the Total Charge for Credit Regulations and the Schedule to these Regulations;
“the Total Charge for Credit Regulations” means the Consumer Credit (Total Charge for Credit) Regulations 2010 .
3
In these Regulations, a reference to a repayment is a reference to —
a
a repayment of the whole or any part of the credit,
b
a payment of the whole or any part of the total charge for credit, or
c
a combination of such repayments and payments.
4
In these Regulations, a reference to rate of interest is a reference to the interest rate expressed as a fixed or variable percentage applied on an annual basis to the amount of credit drawn down.
5
In these Regulations, a reference to an agreement includes a reference to a prospective agreement.
6
For the purposes of the definition of “excluded pawn agreement” and regulation 8 the debtor is a new customer if the debtor has not entered into a pawn agreement with the creditor in the three years preceding the start of the negotiations antecedent to the agreement.
7
In relation to a regulated consumer credit agreement secured on land and to which these Regulations do not apply, the definition of Total Charge for Credit Regulations shall apply as if for the words “Consumer Credit (Total Charge for Credit) Regulations 2010” there were substituted “Consumer Credit (Total Charge for Credit) Regulations 1980” .
Agreements to which these Regulations apply
2
1
These Regulations apply in respect of a regulated consumer credit agreement, except as provided for in paragraphs (2) to (4).
2
These regulations do not apply to an agreement to which section 58 of the Act (opportunity for withdrawal from prospective land mortgage) applies.
3
These Regulations do not apply to an authorised non-business overdraft agreement which is —
a
for credit which exceeds £60,260, or
b
secured on land.
4
Except as provided for in paragraph (5) these Regulations do not apply to an agreement —
a
under which the creditor provides the debtor with credit exceeding £60,260,
b
secured on land,
c
entered into by the debtor wholly or predominantly for the purposes of a business also carried on, or intended to be carried on, by him, or
d
made before 1st February 2011.
5
These Regulations apply to an agreement mentioned in paragraph (4) (which is not also an agreement mentioned in paragraph (2) or (3)) where a creditor or, where applicable a credit intermediary, discloses or purports to disclose the pre-contract credit information in accordance with these Regulations rather than in accordance with the Consumer Credit (Disclosure of Information) Regulations 2004 or the Financial Services (Distance Marketing) Regulations 2004 (as the case may be).
6
Subsections (2) to (5) of section 16B of the Act (declaration by the debtor as to the purposes of the agreement) apply for the purposes of paragraph (3)(c).
Information to be disclosed: agreements other than telephone contracts, non-telephone distance contracts, excluded pawn agreements and overdraft agreements
3
1
This regulation applies to an agreement other than —
a
an agreement made by way of a voice telephone communication (whether or not it is a distance contract) (see regulation 4);
b
an agreement made using a means of distance communication other than a voice telephone communication, which does not enable the provision of the pre-contract credit information before the agreement is made (see regulation 5);
c
an excluded pawn agreement;
d
an authorised non-business overdraft agreement (see regulations 10 and 11).
2
In good time before the agreement is made, the creditor must disclose to the debtor, in the manner set out in regulation 8, the pre-contract credit information.
3
Paragraph (2) does not require a creditor to disclose the pre-contract credit information where it has already been disclosed to the debtor by a credit intermediary in a manner which complies with paragraph (2).
4
For the purposes of these Regulations, the pre-contract credit information comprises —
a
the type of credit,
b
the identity and geographical address of the creditor and, where applicable, of the credit intermediary,
c
the total amount of credit to be provided under the agreement and the conditions governing the draw down of credit. In the case of an agreement for running-account credit, the total amount of credit may be expressed as a statement indicating the manner in which the credit limit will be determined where it is not practicable to express the limit as a sum of money,
d
the duration or minimum duration of the agreement or a statement that the agreement has no fixed or minimum duration,
e
in the case of —
i
credit in the form of deferred payment for specific goods, services or land, or
ii
a linked credit agreement,
a description of the goods, services or land and the cash price of each and the total cash price,
f
the rate of interest charged, any conditions applicable to that rate, where available, any reference rate on which that rate is based and any information on any changes to the rate of interest (including the periods that the rate applies, and any conditions or procedure applicable to changing the rate),
g
where different rates of interest are charged in different circumstances the creditor must provide the information in paragraph (f) in respect of each rate,
h
the APR and the total amount payable under the agreement illustrated (if not known) by way of a representative example mentioning all the assumptions used in order to calculate that rate and amount,
i
the amount (expressed as a sum of money), number (if applicable) and frequency of repayments to be made by the debtor and, where appropriate, the order in which repayments will be allocated to different outstanding balances charged at different rates of interest,
j
in the case of an agreement for running-account credit, the amount of each repayment is to be expressed as (a) a sum of money; (b) a specified proportion of a specified amount; (c) a combination of (a) or (b); or (d) in a case where the amount of any repayment cannot be expressed in accordance with (a), (b) or (c), a statement indicating the manner in which the amount will be determined,
k
if applicable, any charges for maintaining an account recording both payment transactions and draw downs, unless the opening of an account is optional, and any charge payable for using a method of payment in respect of payment transactions or draw downs,
l
any other charges payable deriving from the credit agreement and the conditions under which those charges may be changed,
m
if applicable, a statement that fees will be payable by the debtor to a notary on conclusion of the credit agreement,
n
the obligation, if any, to enter into a contract for ancillary services relating to the consumer credit agreement, in particular insurance services, where the conclusion of such a contract is compulsory in order to obtain the credit or to obtain it on the terms and conditions marketed,
o
the rate of interest applicable in the case of late payments and the arrangements for its adjustment, and, where applicable, any charges payable for default,
p
a warning regarding the consequences of missing payments (for example, the possibility of legal proceedings and the possibility that the debtor’s home may be repossessed),
q
where applicable, any security to be provided by the debtor or on behalf of the debtor,
r
the existence or absence of a right of withdrawal,
s
the debtor’s right of early repayment under section 94 of the Act, and where applicable, information concerning the creditor’s right to compensation and the way in which that compensation will be determined,
t
the requirement for a creditor to inform a debtor in accordance with section 157(A1) of the Act that a decision not to proceed with a prospective regulated consumer credit agreement has been reached on the basis of information from a credit reference agency and of the particulars of that agency,
u
the debtor’s right to be supplied under section 55C of the Act on request and free of charge, with a copy of the draft agreement except where —
i
the creditor is at the time of the request unwilling to proceed to the making of the agreement, or
ii
the agreement is an agreement referred to in regulation 2(4)(a) to (c) or a pawn agreement, and
v
if applicable, the period of time during which the creditor is bound by the pre-contract credit information.
5
For the purpose of the representative example referred to in paragraph (4)(h) —
a
i
where the debtor has informed the creditor or credit intermediary of one or more components of his preferred credit, such as the duration of the consumer credit agreement or the total amount of credit, and
ii
where the creditor would in principle agree to offer credit on such terms,
the creditor or credit intermediary must take those components into account when calculating the representative APR and the total amount payable;
b
where the creditor uses the assumption set out in regulation 6(g) of the Consumer Credit (Total Charge for Credit) Regulations 2010 the creditor must indicate that other draw down mechanisms for this type of consumer credit agreement may result in a higher APR;
c
subject to paragraph (a), in the case of an agreement for running-account credit, where the credit limit is not known at the date on which the pre-contract credit information is disclosed, the total amount of credit is to be assumed to be £1,200 or in a case where credit is to be provided subject to a maximum credit limit of less than £1,200, an amount equal to that maximum limit.
6
In the case of a consumer credit agreement under which repayments do not give rise to an immediate reduction in the total amount of credit advanced but are used to constitute capital as provided for under the agreement or under an ancillary agreement, the creditor or credit intermediary must provide a clear and concise statement that such agreements do not provide for a guarantee of repayment of the total amount of credit drawn down under the credit agreement unless such a guarantee is given.
Information to be disclosed: telephone contracts
4
1
This regulation applies to an agreement (other than an authorised non-business overdraft agreement) made by way of a voice telephone communication (whether or not it is a distance contract).
2
Where the agreement is a distance contract and where the debtor explicitly consents, the creditor must disclose the following information before the agreement is made —
a
the identity of the person in contact with the debtor and that person’s link with the creditor,
b
a description of the main characteristics of the credit agreement which includes the information set out in regulation 3(4)(c), (d), (e), (f), (g), (h), (i) and (j),
c
the total price to be paid by the debtor to the creditor for the credit including all taxes paid via the creditor or, if an exact price cannot be indicated, the basis for the calculation of the price enabling the debtor to verify it,
d
notice of the possibility that other taxes or costs may exist that are not paid via the creditor or imposed by the creditor,
e
whether or not there is —
i
a right to withdraw under section 66A of the Act, or
ii
a right to cancel under regulation 9 of the Financial Services (Distance Marketing) Regulations 2004 and, where there is such a right, its duration and the conditions for exercising it, including information on the amount which the consumer may be required to pay in accordance with regulation 13 of those Regulations, as well as the consequences of not exercising that right,
f
that other information is available on request and the nature of that information.
3
Where the agreement is not a distance contract the creditor must disclose the information in paragraph (2)(b) before the agreement is made.
4
The creditor must disclose the pre-contract credit information in the manner set out in regulation 8 immediately after the agreement is made.
Information to be disclosed: non-telephone distance contracts
5
1
This regulation applies to an agreement (other than an authorised non-business overdraft agreement) made —
a
at the debtor’s request, and
b
using a means of distance communication other than a voice telephone communication which does not enable the provision before the agreement is made of the pre-contract credit information.
2
The creditor must disclose the pre-contract credit information in the manner set out in regulation 8 immediately after the agreement is made.
Information to be disclosed: distance contracts for the purpose of a business
6
1
This regulation applies to an agreement that is a distance contract entered into by the debtor wholly or predominantly for the purposes of a business carried on, or intended to be carried on by him.
2
Where the agreement is an agreement to which regulations 3 or 4 would otherwise apply the creditor may comply with those regulations by disclosing the pre-contract credit information immediately after the agreement is entered into.
3
Subsections (2) to (5) of section 16B of the Act (declaration by the debtor as to the purposes of the agreement) apply for the purposes of paragraph (1).
Information about contractual terms and conditions: regulations 3 and 4
7
1
This regulation applies to an agreement which is —
a
a distance contract to which regulation 3 or 4 applies, and
b
which is not entered into by the debtor wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by him.
2
The creditor must ensure that —
a
the information provided to the debtor pursuant to regulation 3 or 4 includes the contractual terms and conditions, and
b
the information provided to the debtor in relation to the contractual obligations which would arise if the distance contract were made accurately reflects the contractual obligations which would arise under the law presumed to be applicable to that contract.
3
Subsections (2) to (5) of section 16B of the Act (declaration by the debtor as to the purposes of the agreement) apply for the purposes of paragraph (1).
Manner of disclosure
8
1
The pre-contract credit information must be disclosed by means of the form contained in Schedule 1.
2
The form must be —
a
in writing, and
b
of a nature that enables the debtor to remove it from the place where it is disclosed to him.
3
The form must be completed as specified in this paragraph —
a
the relevant pre-contract credit information is to be provided in the appropriate row,
b
the form is to be completed in accordance with the notes to that form,
c
the asterisks and notes may be deleted,
d
gridlines and boxes may be omitted, and
e
any information contained in the form must be clear and easily legible.
4
Any additional information relating to the credit which is provided in writing by the creditor to the debtor must be provided in a separate document to the form.
5
Where a consumer credit agreement is a multiple agreement containing more than one part for the purposes of section 18 of the Act, the pre-contract credit information in respect of each part may be provided in the same form provided that —
a
information that is not common to each part of the agreement is disclosed separately within the relevant section of the form, and
b
it is clear which information relates to which part.
Information to be disclosed: pawn agreements
9
1
This Regulation applies to a pawn agreement.
2
In good time before a pawn agreement is made (unless the debtor is a new customer), the creditor must inform the debtor of his right to receive the pre-contract credit information in the form contained in Schedule 1, free of charge, on request.
Information to be disclosed: overdraft agreements
10
1
This regulation applies to an agreement which is an authorised non-business overdraft agreement.
2
In good time before an authorised non-business overdraft agreement is made, the creditor must disclose to the debtor, the information in paragraph (3) in the manner set out in regulation 11.
3
The information referred to in paragraph (2) is as follows —
a
the type of credit,
b
the identity and geographical address of the creditor and, where applicable, of the credit intermediary,
c
the total amount of credit,
d
the duration of the agreement,
e
the rate of interest charged, any conditions applicable to that rate, any reference rate on which that rate is based and any information on any changes to the rate of interest (including the periods that the rate applies, and any conditions or procedure applicable to changing the rate),
f
where different rates of interest are charged in different circumstances the creditor must provide the information in paragraph (e) in respect of each rate,
g
the conditions and procedure for terminating the agreement,
h
where applicable, an indication that the debtor may be requested to repay the amount of credit in full on demand at any time,
i
the rate of interest applicable in the case of late payments and the arrangements for its adjustment, and, where applicable, any charges payable for default,
j
the requirement for a creditor to inform a debtor in accordance with section 157(A1) of the Act that a decision not to proceed with a prospective regulated consumer credit agreement has been reached on the basis of information from a credit reference agency and of the particulars of that agency,
k
the charges, other than the rates of interest, payable by the debtor under the agreement (and the conditions under which those charges may be varied),
l
if applicable, the period of time during which the creditor is bound by the information set out in this paragraph.
4
Paragraph (2) does not apply to –
a
an agreement made by a voice telephone communication (whether or not it is a distance contract),
b
an agreement made at the debtor’s request using a means of distance communication, other than a voice telephone communication, which does not enable the provision of the information required by paragraph (2) before the agreement is made, or
c
an agreement that does not come within sub-paragraph (a) or (b) but where the debtor requests the overdraft be made available with immediate effect.
5
In the case of an agreement that falls within paragraph (4)(a) that is also a distance contract, where the debtor explicitly consents the creditor must disclose the following information before the agreement is made —
a
the identity of the person in contact with the debtor and that person’s link with the creditor,
b
a description of the main characteristics of the financial service including at least the information in paragraph (3)(c), (e), (f), (h) and (k),
c
the total price to be paid by the debtor to the creditor for the credit including all taxes paid via the creditor or, if an exact price cannot be indicated, the basis for the calculation of the price enabling the debtor to verify it,
d
notice of the possibility that other taxes or costs may exist that are not paid via the creditor or imposed by the creditor,
e
whether or not there is a right to cancel under regulation 9 of the Financial Services (Distance Marketing) Regulations 2004 and where there is such a right, its duration and the conditions for exercising it including information on the amount which the consumer may be required to pay in accordance with regulation 13 of those regulations, as well as the consequences of not exercising that right, and
f
that other information is available on request and the nature of that information.
6
In the case of an agreement that falls within paragraph (4)(a) that is not a distance contract the creditor must disclose the information in paragraph (5)(b) before the agreement is made.
7
In the case of an agreement that is a distance contract to which this regulation applies the creditor must ensure that the information he provides to the debtor pursuant to this regulation regarding the contractual obligations which would arise if the distance contract were concluded, accurately reflects the contractual obligations which would arise under the law presumed to be applicable to that contract.
8
In the case of an agreement that falls within paragraph (4)(c), the creditor must disclose the information in paragraph (3)(c), (e), (f), (h), and (k) to the debtor before the agreement is made in the manner set out in regulation 11.
9
Where a current account is an agreement for two or more debtors jointly the creditor may comply with paragraphs (5), (6) or (8) by disclosing the information to one debtor provided that each of the debtors have given the creditor their consent that the creditor may not comply in each debtor’s case with the relevant paragraph.
11
1
Where regulation 10(2) applies, the creditor must comply with that regulation by —
a
disclosing the information by means of the European Consumer Credit Information form set out in Schedule 3 to these Regulations and as specified in paragraph (2), or
b
disclosing the information in writing so that all information is equally prominent.
2
The specifications referred to in paragraph (1)(a) are that —
a
the relevant information must be provided in the appropriate row,
b
the form must be completed in accordance with the notes to that form,
c
the asterisks and notes may be deleted,
d
gridlines and boxes may be omitted, and
e
any information contained in the form must be clear and easily legible.
3
Where regulation 10(8) applies, the creditor may provide the information orally.
Modifying agreements
12
1
Subject to paragraphs (2) to (4), these Regulations apply to a modifying agreement which varies or supplements an earlier agreement and which is, or is treated under section 82(3) of the Act as, a regulated agreement.
2
Where a modifying agreement modifies an earlier consumer credit agreement, the requirements of regulations 3, 4 and 10 will be deemed to be satisfied if, in good time before the modifying agreement is made —
a
the information specified by regulations 3(4) and 10(3) is disclosed to the debtor in respect of any provision of the earlier agreement which is varied or supplemented,
b
the creditor informs the debtor in writing that the other information in the earlier agreement remains unchanged, and
c
where the Financial Services (Distance Marketing) Regulations 2004 apply, the creditor complies with regulation 7 and 8 of those Regulations.
3
Where a modifying agreement is made in a manner that does not allow the creditor to comply with the requirement in paragraph (2)(b), the creditor is deemed to have complied with that requirement if —
a
before the agreement is made the creditor informs the debtor orally that the other information in the earlier agreement remains unchanged, and
b
this is confirmed to the debtor in writing immediately after the agreement is made.
4
This regulation does not apply to an excluded pawn agreement.
Kevin Brennan
Minister for Further Education, Skills, Apprenticeships and Consumer Affairs
Department for Business, Innovation and Skills
28th March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Sale of Electricity by Local Authorities (England and Wales) Regulations 2010 and come into force on 18th August 2010.
Exception from the restriction on selling electricity in section 11(3) of the Local Government (Miscellaneous Provisions) Act 1976
2
For the purpose of section 11(3) of the Local Government (Miscellaneous Provisions) Act 1976, a local authority shall be entitled to sell electricity produced from the following sources —
a
wind;
b
solar;
c
aerothermal;
d
geothermal;
e
hydrothermal and ocean energy;
f
hydropower;
g
biomass;
h
landfill gas;
i
sewage treatment plant gas; and
j
biogases.
Chris Huhne
Secretary of State,
Department of Energy and Climate Change
26th July 2010
Jane Davidson
Minister for Environment, Sustainability and Housing,
one of the Welsh Ministers
23rd July 2010


text:
Citation and commencement
1
1
This Order may be cited as the Local Democracy, Economic Development and Construction Act 2009 (Consequential Amendments) (England) Order 2010.
2
This Order shall come into force on 1st April 2010.
Amendments to the Town and Country Planning (General Development Procedure) Order 1995
2
1
The Town and Country Planning (General Development Procedure) Order 1995 is amended as follows.
2
In article 1(2) (citation, commencement and interpretation) after the definition of “reserved matters” insert —
“responsible regional authority” has the same meaning as in section 72 (responsible regional authorities) of the Local Democracy, Economic Development and Construction Act 2009;
.
3
In article 2B(3)(a) (local development orders) for “the body recognised” to “regional planning body” substitute “the responsible regional authority”.
4
In article 10(2)(n) (consultations before the grant of permission) —
a
omit “section 7 and”; and
b
after the words “that Act” insert “in relation to London or a regional strategy within the meaning of section 70 of the Local Democracy, Economic Development and Construction Act 2009 (regional strategy) in relation to the rest of England”.
5
In the heading to article 11 (consultation with RPB or county planning authority) in relation to England for “RPB” substitute “responsible regional authority”.
Amendments to the Town and Country Planning (Development Plan) (England) Regulations 1999
3
1
The Town and Country Planning (Development Plan) (England) Regulations 1999 are amended as follows.
2
In regulation 2(1) (interpretation) for the definition of “RSS” substitute ““regional strategy” has the same meaning as in Part 5 of the Local Democracy, Economic Development and Construction Act 2009;”.
3
In regulation 24A(11)(b) (further deposit of proposals) for “an RSS” substitute “a regional strategy”.
Amendments to the Town and Country Planning (Local Development) (England) Regulations 2004
4
1
The Town and Country Planning (Local Development) (England) Regulations 2004 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
for the definition of “regional planning body” substitute —
“regional strategy” has the same meaning as in section 70 (regional strategy) of the Local Democracy, Economic Development and Construction Act 2009;
;
b
after the definition of “relevant authority” insert —
“responsible regional authority” has the same meaning as in section 72 (responsible regional authorities) of the Local Democracy, Economic Development and Construction Act 2009;
; and
c
in the definition of “specific consultation bodies” —
i
in paragraph (a) for “regional planning body” substitute “responsible regional authority”; and
ii
in paragraph (a)(viii) omit the words “is in or”.
3
In regulation 5(2)(b) (survey of areas: county councils) for “regional planning body” substitute “responsible regional authority”.
4
Omit regulation 15(1)(a) (local development documents: additional matters to which regard to be had).
5
In regulation 17(2)(d) (public participation) omit “(2)(b) or”.
6
In regulation 26(2)(d) (public participation in the preparation of a statement of community involvement) for “regional planning body” substitute “responsible regional authority”.
7
In regulation 28(4) (representations relating to a development plan document) omit “(6) or” and “RPBs and”.
8
In regulation 29(1) (conformity with regional strategy) omit “(2)(a) or”.
9
Omit regulation 29(2).
10
In regulation 40(2)(d) (section 21(4) directions (call-in): supplementary) omit “(2)(a) or”.
11
Omit regulation 40(2)(d)(i).
12
In regulation 45(1)(f) (Secretary of State’s default power) —
a
for “RPB (if any)” substitute “responsible regional authority”; and
b
for “RSS” substitute “regional strategy”.
13
In regulation 45A(2) (provision supplementary to regulation 45) for “RPB” substitute “responsible regional authority”.
Amendment to the Town and Country Planning (Isles of Scilly) Order 2005
5
Article 4(2) (exceptions, adaptations and modifications) of the Town and Country Planning (Isles of Scilly) Order 2005 is omitted.
Amendments to the Town and Country Planning (Mayor of London) Order 2008
6
1
The Town and Country Planning (Mayor of London) Order 2008 is amended as follows.
2
In article 6(2)(e) (Mayor’s power to direct refusal of a PSI application) for “regional spatial strategy” substitute “regional strategy”.
3
For article 6(11) substitute —
11
For the purposes of paragraph (2), “regional strategy” has the same meaning as in section 70 of the Local Democracy, Economic Development and Construction Act 2009 (regional strategy).
.
Amendments to the Local Government (Structural Changes) (Transitional Arrangements) ( No. 2) Regulations 2008
7
1
The Local Government (Structural Changes) (Transitional Arrangements) (No. 2) Regulations 2008 are amended as follows.
2
In regulation 20 (modifications relevant to regional functions) —
a
in paragraph (1) for “Part 1 of the 2004 Act (regional functions)” substitute “Part 5 of the Local Democracy, Economic Development and Construction Act 2009 (regional strategy)”;
b
in paragraph (1)(a) for “section 4(4) (assistance from certain local authorities)” substitute “section 71(3) (Leaders’ Boards)”; and
c
in paragraph (1)(b) for “section 4(4)” substitute “section 71(3)”.
Amendments to the Infrastructure Planning (National Policy Statement Consultation) Regulations 2009
8
1
The Infrastructure Planning (National Policy Statement Consultation) Regulations 2009 are amended as follows.
2
In regulation 2 (interpretation) —
a
omit the definition of “regional planning body”; and
b
after the definition of “relevant Northern Ireland department” insert —
“responsible regional authority” has the same meaning as in section 72 of the Local Democracy, Economic Development and Construction Act 2009 (responsible regional authorities);
.
3
In regulation 3(3)(d) (consultation) for “Regional planning bodies” substitute “responsible regional authorities”.
Amendments to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
9
1
The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
omit the definition of “Regional Planning Body”; and
b
after the definition of “replacement land” insert —
“responsible regional authority” has the same meaning as in section 72 of the Local Democracy, Economic Development and Construction Act 2009 (responsible regional authorities);
.
3
In Schedule 1 for “Regional Planning Body” substitute “responsible regional authority”.
Revocations
10
The following statutory instruments are revoked —
a
the Town and Country Planning (Regional Planning) (England) Regulations 2004 ;
b
the Town and Country Planning (Initial Regional Spatial Strategy) (England) Regulations 2004 ;
c
the Town and Country Planning (Regions) (National Parks) (England) Order 2004 ;
d
the Town and Country Planning (Regional Planning Guidance as Revision of Regional Spatial Strategy) Order 2004 ; and
e
the Town and Country Planning (Regions) (New Forest National Park) (England) Order 2007 .
Signed by authority of the Secretary of State for Communities and Local Government
Rosie Winterton
Minister of State
Department for Communities and Local Government
1st March 2010


text:
PART 1 General and introductory
Title, application and commencement
1
These Regulations may be cited as the Feed (Sampling and Analysis and Specified Undesirable Substances) (England) Regulations 2010, apply in relation to England only and come into force on 11th October 2010.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Agriculture Act 1970;
“ Regulation 152/2009 ” means Commission Regulation ( EC ) No.152/2009 laying down the methods of sampling and analysis for the official control of feed ;
“the Feed Hygiene Regulations ” means the Feed (Hygiene and Enforcement) (England) Regulations 2005 ;
“the GM Feed Regulations ” means the Genetically Modified Animal Feed (England) Regulations 2004 ; and
“analyst” means an agricultural analyst or deputy agricultural analyst.
2
Any expression used in these Regulations and Regulation 152/2009 has the meaning that it bears in Regulation 152/2009.
3
Any reference to a numbered section is a reference to the section so numbered in the Act as modified by these Regulations.
Prescribed metric substitution
3
For the purposes of its application to feeding stuffs, the Act shall be read as if —
a
in section 68(2)(b) the words “to sales in quantities of not more than 25 kilograms” were substituted for the words “to sales of small quantities (that is to say, sales in quantities of not more than fifty six pounds or the prescribed metric substitution)”; and
b
in section 76(5) the words “six kilograms” were substituted for the words “fourteen pounds or the prescribed metric substitution”.
PART 2 Miscellaneous requirements relating to sampling and analysis
Methods of sending a final sample
4
Any final sample required to be sent to any person pursuant to —
a
paragraph 8 of Annex I to Regulation 152/2009;
b
section 77(1) or (2);
c
section 78(1)(a), (2) or (4);
d
regulation 30(1), (2) or (5) or 31(2) of the Feed Hygiene Regulations; or
e
regulation 6(2)(b) or (c) of the GM Feed Regulations,
may be sent by any appropriate method or delivered by hand.
Qualifications of analysts
5
The prescribed qualifications for an analyst for the purposes of section 67(5) in so far is it relates to feeding stuffs and the required qualifications for a person analysing feed for the purposes of the GM Feed Regulations are that —
a
the analyst must —
i
be a Chartered Chemist or possess a Mastership in Chemical Analysis awarded by the Royal Society of Chemistry, and
ii
be a Fellow or Member of the Royal Society of Chemistry; and
b
the analyst’s practical experience of the examination of feed must be attested by another analyst appointed under section 67(3).
Analysis other than in the course of official controls
6
1
Where a sample of feed is to be analysed pursuant to —
a
section 75(1) (sample analysed at the request of the purchaser); or
b
section 78(1) (further analysis by Government Chemist) in so far as that subsection does not relate to official controls,
the method of analysis shall be the appropriate one, if any, set out in Regulation 152/2009.
2
In cases where there is no appropriate method of analysis in Regulation 152/2009, the analysis shall be carried out in the manner referred to in Article 11(1)(a) or, as appropriate, (b) of Regulation (EC) No.882/2004 of the European Parliament and of the Council on official controls performed to ensure verification of compliance with feed and food law, animal health and animal welfare rules as read with Commission Regulation (EC) No. 669/2009 implementing Regulation (EC) No.882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC .
Form of certificate of analysis
7
The certificate of analysis of any feed to be sent pursuant to —
a
section 77(4);
b
regulation 30(4) or 31(3) of the Feed Hygiene Regulations; or
c
regulation 6(2)(b) of the GM Feed Regulations,
must be in the form set out in Schedule 1 and must be completed in accordance with the notes to that Schedule.
PART 3 Amendment and modification of other legislation with regard to sampling and analysis
Amendment or modification of the Act
8
The Act is amended or as the case may be modified in accordance with regulations 9 to 20.
9
In section 66(1) (interpretation of Part IV), insert at the appropriate place the following definitions —
“final sample” has the meaning that it bears in Annex I to Regulation 152/2009;
;
“Regulation 152/2009” means Commission Regulation (EC) No. 152/2009 laying down the methods of sampling and analysis for the official control of feed;
.
10
Section 68 (duty of seller to give statutory statement) in so far as it applies in relation to feeding stuffs shall apply as if —
a
in subsection (4)(b) “final sample” were substituted for “sampled portion”; and
b
in subsection (5) —
i
“final sample” were substituted for “sample taken from the portion in question”, and
ii
“in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”.
11
Section 69 (marking of material prepared for sale) in so far as it applies in relation to feeding stuffs shall apply as if —
a
in subsection (4)(c) “final sample” were substituted for “sampled portion”; and
b
in subsection (5) “final sample in question” were substituted for “sample taken from the portion in question”.
12
Section 70 (use of names or expressions with prescribed meanings) in so far as it applies in relation to feeding stuffs shall apply as if —
a
in subsection (2) “final sample” were substituted for “sampled portion”; and
b
in subsection (4) —
i
“final sample” were substituted for “sampled portion”, and
ii
“that sample” were substituted for “the sample taken from that portion”.
13
Section 71 (particulars to be given of certain attributes if claimed to be present) in so far as it applies in relation to feeding stuffs shall apply as if —
a
in subsection (2)(b) “final sample” were substituted for “sampled portion”; and
b
in subsection (3) —
i
“final sample” were substituted for “sampled portion”, and
ii
“that sample” were substituted for “the sample taken from that portion”.
14
In section 73 (deleterious ingredients in feeding stuff) —
a
in subsection (1) —
i
for “sampled portion” substitute “final sample”, and
ii
omit “the sample taken from”; and
b
in subsections (2)(a) and (b), (2A) and (3)(b) in each case for “sampled portion” substitute “final sample”.
15
In section 73A —
a
in subsection (1) —
i
for “sampled portion” substitute “final sample”, and
ii
omit “the sample taken from”; and
b
in subsections (2)(a) and (b) and (3) in each case for “sampled portion” substitute “final sample”.
16
Section 75 (purchaser’s right to have sample taken and analysed) in so far as it applies in relation to feeding stuffs shall apply as if in subsection (1) “in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”.
17
Section 76 (inspector’s power to enter premises and take samples) in so far as it applies in relation to feeding stuffs shall apply as if —
a
in subsection (1) “in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”; and
b
for subsection (4) the following were substituted —
4
Without prejudice to any other power or duty as to the taking of samples, an inspector may for the purposes of this Part of this Act take a sample of any material which has been sold for use as a feeding stuff or which he has reasonable cause to believe to be intended for sale as such.
.
18
Section 77 (division of samples and analysis by agricultural analyst) in so far as it applies in relation to feeding stuffs shall apply as if —
a
for subsection (1) the following were substituted —
1
Where an inspector has taken a sample and prepared and packaged final samples in accordance with Regulation 152/2009 the inspector, in addition to sending a final sample to the agricultural analyst for the inspector’s area in accordance with the requirements of paragraph 8 of Annex I to that Regulation —
a
shall send one final sample —
i
where the sample was taken pursuant to the request of a purchaser under section 75 of this Act, to the seller or his agent;
ii
in any other case, to the person on whose premises the sample was taken, or, if the person on whose premises the sample was taken purchased the material in question for use and not for resale, to the seller or his agent; and
b
subject to section 78 of this Act, shall retain at least one final sample for nine months.
;
b
for subsection (2) the following were substituted —
2
If the person who manufactured any material of which an inspector has taken a sample as mentioned in subsection (1) is not a person to whom a final sample is required to be sent under that subsection, the inspector shall send a final sample to the manufacturer unless he does not know and is unable after making reasonable inquiries to ascertain before the expiration of fourteen days from the date when the sample was taken —
a
the manufacturer’s name; or
b
any address of the manufacturer in the United Kingdom.
;
c
in subsection (3) —
i
“final sample” were substituted for “part of a sample”, and
ii
“in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”; and
d
in subsection (4) —
i
“final sample” were substituted in each case for “part of a sample” or “part of the sample” as the case may be,
ii
“in such manner, if any, as may be prescribed” were omitted,
iii
“subsection (1)” were substituted for “subsection (1)(a)”, and
iv
in paragraph (b) “subsection (1)(a)(ii)” were substituted for “subsection (1)(b)(ii)”.
19
Section 78 (further analysis by Government Chemist) in so far as it applies in relation to feeding stuffs shall apply as if —
a
in subsection (1) —
i
for paragraph (a) the following were substituted —
a
to send the final sample retained by the inspector under section 77(1)(b) of this Act (as that section is modified by regulation 18(a) of the Feed (Sampling and Analysis and Specified Undesirable Substances) (England) Regulations 2010) (“the retained sample”) to the Government Chemist for analysis;
, and
ii
in paragraph (b) “retained sample” were substituted for “remaining part” and “that sample” were substituted for “that part”;
b
in subsection (2) —
i
“in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”,
ii
in paragraph (a)(i) “retained sample” were substituted for “remaining part of the sample”,
iii
in paragraph (a)(ii) “retained sample, whether that sample” were substituted for “remaining part, whether that part”, and
iv
in paragraph (b) “the retained sample” were substituted for “that remaining part”;
c
in subsection (4) —
i
“in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”, and
ii
“retained sample” were substituted for “remaining part of the sample”;
d
in subsection (5) —
i
“part of a” were omitted,
ii
in paragraph (a) “part of the” were omitted, and
iii
in paragraph (b) “the retained sample” were substituted for “the part”; and
e
in subsection (6) —
i
“in such manner, if any, as may be prescribed any part of” were omitted, and
ii
“the sample” were substituted for “the part”.
20
Section 79 (supplementary provisions relating to samples and analysis) in so far as it applies in relation to feeding stuffs shall apply as if in subsection (3) —
a
“is specified by Regulation 152/2009 or” were inserted after “quality of any material”; and
b
“the method so specified or prescribed” were substituted for “the method prescribed”.
Amendment of the Feed Hygiene Regulations
21
1
The Feed Hygiene Regulations are amended in accordance with paragraphs (2) to (6).
2
In paragraph (1) of regulation 2 (interpretation) —
a
omit the definition of “point 4 compliant laboratory”;
b
for the definition of “prescribed manner” substitute the following definition —
”prescribed manner” means the manner prescribed by Regulation (EC) No. 152/2009 of the European Parliament and of the Council laying down the methods of sampling and analysis for the official control of feed or otherwise in accordance with Article 11(1) of Regulation 882/2004;
; and
c
omit the definition of “sampled portion”.
3
For regulation 29 (application of various provisions of the Feeding Stuffs (Sampling and Analysis) Regulations) substitute the following —
Appointment of agricultural analysts
29
1
Subject to paragraph (3), an enforcement authority shall appoint one or more agricultural analysts in connection with the performance of its duty under regulation 16.
2
An agricultural analyst appointed under paragraph (1) must have those qualifications prescribed in relation to the Act by regulation 5 of the Feed (Sampling and Analysis and Specified Undesirable Substances) (England) Regulations 2010.
3
An agricultural analyst already appointed by an enforcement authority pursuant to section 67(3)(b) of the Act shall be deemed to be appointed for the purposes of paragraph (1).
.
4
In regulation 30 (procedure relating to samples for analysis) —
a
for paragraph (1)(b) substitute the following —
b
send one part for analysis to the agricultural analyst for the area of the enforcement authority from which the authorised officer derives his authority;
;
b
for paragraph (3) substitute the following —
3
The part of the sample sent to the agricultural analyst must be accompanied by a statement signed by the authorised officer confirming that the sample was taken in the manner prescribed by law.
; and
c
in paragraph (4) omit the expression “or as the case may be the point 4 compliant laboratory”.
5
In regulation 31 (secondary analysis by the Government Chemist) for paragraph (3)(a) substitute the following —
a
completed in the form set out in Schedule 1 to the Feed (Sampling and Analysis and Specified Undesirable Substances) (England) Regulations 2010 and in accordance with the notes to that Schedule; and
.
6
In regulation 32 (additional provisions relating to sampling and analysis) —
a
in paragraph (2) omit the expression “the analyst at the point 4 compliant laboratory”; and
b
in paragraph (3) omit the expression “an analyst at a point 4 compliant laboratory”.
Amendment of the GM Feed Regulations
22
1
The GM Feed Regulations are amended in accordance with paragraphs (2) and (3).
2
In regulation 6(1) (application of various provisions of the Act), omit sub-paragraphs (c) and (d).
3
Omit regulation 7 (application of various provisions of the Feeding Stuffs (Sampling and Analysis) Regulations 1999).
Amendment of the Official Feed and Food Controls (England) Regulations 2009
23
1
The Official Feed and Food Controls (England) Regulations 2009 are amended in accordance with paragraph (2).
2
In Schedule 2 (definition of relevant feed law), in paragraph (b) for the expression “the Feeding Stuffs (Sampling and Analysis) Regulations 1999” substitute “the Feed (Sampling and Analysis and Specified Undesirable Substances) (England) Regulations 2010”.
Revocation
24
The Feeding Stuffs (Sampling and Analysis) Regulations 1999 are revoked.
PART 4 Undesirable substances
Amendment of the Feeding Stuffs (England) Regulations 2005
25
1
The Feeding Stuffs (England) Regulations 2005 are amended in accordance with paragraphs (2) and (3).
2
In paragraph (8) of regulation 14 (control of products intended for animal feed containing undesirable substances), for the expression “is within the limit specified in the relevant entry in column 3 of Schedule 5” substitute “is less than 2 parts per million”.
3
In Schedule 5 (prescribed limits for undesirable substances) —
a
in Chapter A, for the entries relating to arsenic substitute the entries set out in Schedule 2 to these Regulations; and
b
in Chapter B, for the entries relating to castor oil plant ( Ricinus communis L.) substitute the following —
Column 1
Undesirable substances
Column 2
Products intended for animal feed
Column 3
Maximum content in mg/ kg of feeding stuffs referred to a moisture content of 12%
Seeds and husks from Ricinus communis L., Croton tiglium L. and Abrus precatorius L. as well as their process derivatives (in so far as determinable by analytical microscopy), separately or in combination. All feeding stuffs 10
c
in Chapter C —
i
for the entries relating to theobromine substitute the following —
Column 1
Undesirable substances
Column 2
Products intended for animal feed
Column 3
Maximum content in mg/kg of feeding stuffs referred to a moisture content of 12%
Theobromine Complete feeding stuffs 300 except: – complete feeding stuffs for pigs 200 – complete feeding stuffs for dogs, rabbits, horses and fur-producing animals 50
ii
omit the expression “Croton – Croton tiglium L . ”, and
iii
for the expression “ Datura stramonium L . ” substitute “ Datura sp.”.
Signed by authority of the Secretary of State for Health.
Anne Milton
Parliamentary Under-Secretary of State,
Department of Health
7th September 2010


text:
Citation, commencement and application
1
These Regulations may be cited as The Education (Educational Provision for Improving Behaviour) Regulations 2010 and come into force on 1st September 2010.
Interpretation
2
In these Regulations —
“the 2002 Act ” means the Education Act 2002;
“provider” means the person making educational provision intended to improve the behaviour of a pupil;
“pupil” means a registered pupil;
“the relevant day” means the first school day on which a pupil is required under section 29A(1) of the 2002 Act to attend at a place outside the school premises for the purpose of receiving educational provision intended to improve the behaviour of the pupil;
“relevant person” means —
in relation to a pupil under the age of 18, a parent of the pupil,
in relation to a pupil who has attained that age, the pupil;
“review meeting” means a meeting held for the purpose of keeping under review a requirement imposed upon a pupil under section 29A(1) of the 2002 Act.
Requirements and other matters relating to the imposition of a requirement upon a pupil under section 29A(1) of the 2002 Act
3
1
Where a governing body determine that they will impose a requirement on a pupil under section 29A(1) of the 2002 Act, they must give the persons prescribed in paragraph (3) a notice in writing of the imposition of the requirement containing the information prescribed in paragraph (4).
2
The notice must be given as soon as practicable after the determination has been made and not less than two school days before the relevant day.
3
The prescribed persons are —
a
the relevant person; and
b
where the pupil has a statement of special educational needs, the local authority maintaining the statement.
4
The prescribed information is —
a
the address at which the educational provision is to be provided for the pupil;
b
particulars identifying the person to whom the pupil should report on first attending that address for the purposes of receiving the educational provision;
c
the number of days for which the requirement is to be imposed;
d
the reasons for, and objectives of, imposing the requirement; and
e
in relation to the educational provision —
i
where two sessions per day are provided, the times at which the morning session commences, the afternoon session ends and the break between them commences and ends, or
ii
where a single session per day is provided, the times at which the session commences and ends.
5
A requirement imposed on a pupil under section 29A(1) of the 2002 Act may have effect until the end of the last school day of the school year in which the relevant day falls.
Requirement to keep under review the imposition of a requirement upon a pupil under section 29A(1) of the 2002 Act
4
1
Where a governing body have imposed a requirement upon a pupil under section 29A(1) of the 2002 Act, they must keep under review the imposition of any such requirement by —
a
holding a review meeting in accordance with the requirements in regulation 6 —
i
not later than thirty days after the relevant day,
ii
not later than thirty days after the date of the first review meeting, and
iii
not later than thirty days after the date of each subsequent review meeting
for as long as the requirement remains in effect; and
b
making a decision following each review meeting as to whether the requirement should continue to have effect and, if so, for what further period of time.
2
In making a decision under paragraph 1(b), the governing body must take into account the views of any persons referred to in regulation 5(1) who have attended the review meeting or have submitted their views in writing.
Conduct of review meetings
5
1
Not later than six days before the date of any review meeting, a governing body must give a written invitation to the following persons requesting them to attend the review meeting, or to submit in writing before the date of the meeting their views as to whether a requirement imposed upon a pupil under section 29A(1) of the 2002 should continue to have effect —
a
the relevant person;
b
the provider;
c
the head teacher of the school;
d
a representative of the governing body; and
e
where the pupil has a statement of special educational needs, a representative of the local authority maintaining the statement.
2
The governing body must ensure, insofar as is practicable, that any review meeting is convened on a date, and at a time, that is suitable for the relevant person.
3
For the purposes of this regulation, a representative of the governing body may be any member of the governing body who is not —
a
the head teacher of the school in question or any person who has held that position within the previous five years;
b
any person employed by the local authority which maintains the school; or
c
any person who has, or at any time has had, any connection with the pupil in question of a kind which might reasonably be taken to raise doubts about their ability to act impartially.
Notification of the outcome of a review
6
A governing body must give written notification of their decision under regulation 4(b), and the reasons for it, to —
a
the relevant person;
b
the provider; and
c
where the pupil has a statement of special educational needs, the local authority maintaining the statement
not later than six days after the date of the review meeting.
Notices, invitations and notifications
7
Any notice, invitation or notification referred to in these Regulations must be given by post.
Guidance
8
A governing body exercising functions under section 29A(1) of the 2002 Act, or under these Regulations, must have regard to any guidance given from time to time by the Secretary of State.
Vernon Coaker
Minister of State
Department for Children, Schools and Families
31st March 2010


text:
Title, commencement and application
1
1
The title of this Order is the Travel Concessions (Eligible Services) (Amendment) Order 2010 and it comes into force on 1 April 2010.
2
This Order applies in relation to Wales.
Amendment to the Travel Concessions (Eligible Services) Order 2002
2
1
The Travel Concessions (Eligible Services) Order 2002 is amended in accordance with paragraph (2).
2
In article 3(1)(a)(i), for “section 509 of the Education Act 1996” substitute “sections 3, 4 and 6 of the Learner Travel (Wales) Measure 2008”.
Ieuan Wyn Jones
Minister for Economy and Transport, one of the Welsh Ministers
2 February 2010


text:
Citation and commencement
1
1
These Regulations may be cited as the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships)(Amendment) Regulations 2010.
2
These Regulations come into force on 1st May 2010.
Amendment of the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008
2
1
The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008 are amended as follows.
2
In paragraph (1) of regulation 2 (interpretation), in the definition of “short international voyage” —
a
omit paragraph (a), and
b
for “600 nautical miles” in both places substitute “1,000 nautical miles”.
3
In regulation 2(2)(c)(iv), for “sub-subparagraph” substitute “paragraph”.
4
In paragraph (1) of regulation 6 (application), for “(16)” substitute “(17)”.
5
For paragraph (4) of regulation 6, substitute —
4
Regulation 16(1) and (2) also applies to a ship which —
a
is not a United Kingdom ship,
b
is engaged in international voyages,
c
is of 400 GT or above, or certified to carry more than 15 persons, and
d
is —
i
in a port in the United Kingdom,
ii
at an offshore terminal in United Kingdom waters or controlled waters, or
iii
a floating platform in United Kingdom waters or controlled waters, other than a floating platform which is in transit;
and regulation 16(6) has effect in relation to the application of regulation 16(1) and (2) to such a ship.”
6
For paragraph (1) of regulation 16 (procedure to be adopted when a ship is deficient), substitute —
1
This regulation applies where a surveyor determines that —
a
the condition of a ship or its equipment does not correspond substantially with the particulars of the Sewage Certificate (if any) issued in respect of the ship, or
b
a ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.
7
For paragraph (6) of regulation 16, substitute —
6
In the application of paragraphs (1) and (2) to a ship of the kind specified in regulation 6(4) —
a
“the Certifying Authority” means the Government of the State where the ship is registered (or if the ship is not registered, the Government of the flag State), and
b
“surveyor” includes a person authorised by that Government to survey the ship.
8
In regulation 17 (arbitration) —
a
at the beginning of paragraph (2), insert “Subject to paragraph (2A),”,
b
after paragraph (2), insert —
2A
In default of agreement between the applicant and the responsible person, the arbitrator is such person as may be appointed by the President or Vice President of the Chartered Institute of Arbitrators following a request made by —
a
one party, after giving written notice to the other party, or
b
the parties jointly;
but this paragraph does not apply in relation to Scotland.
, and
c
in paragraph (7)(b), for paragraphs (i) to (iii) substitute —
i
a person who satisfies the judicial-appointment eligibility condition on a 7-year basis ;
ii
a person who is an advocate or solicitor in Scotland of at least 7 years’ standing; or
iii
a person who is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland of at least 7 years’ standing;
.
9
In paragraph (1) of regulation 31 (placards on ships), for “the regulation” substitute “this regulation”.
10
In paragraph (3) of regulation 36 (inspection of ships) —
a
at the end of the full out part, omit “is in”,
b
at the beginning of sub-paragraph (a), insert “is in”, and
c
for sub-paragraph (b), substitute —
b
in any other case, is —
i
in a port in the United Kingdom,
ii
at an offshore terminal in United Kingdom waters or controlled waters,
iii
a fixed platform in United Kingdom waters or controlled waters, or
iv
a floating platform in United Kingdom waters or controlled waters, other than a floating platform which is in transit.
.
11
In paragraph (1) of regulation 38 (general provisions on detention), for “regulation 16(1) has effect” substitute “a determination is made of the kind mentioned in regulation 16(1)”.
12
In paragraph (4) of regulation 38 —
a
at the end of the full out part, omit “is in”,
b
at the beginning of sub-paragraph (a), insert “is in”, and
c
for sub-paragraph (b), substitute —
b
in any other case, is —
i
in a port in the United Kingdom,
ii
at an offshore terminal in United Kingdom waters or controlled waters,
iii
a fixed platform in United Kingdom waters or controlled waters, or
iv
a floating platform in United Kingdom waters or controlled waters, other than a floating platform which is in transit.
.
13
In paragraph (1) of regulation 42 (offences) —
a
in sub-paragraph (a), after “10(2),” insert “15(5),”; and
b
in sub-paragraphs (g) and (h), for “34(1), (2), (3),” substitute “34(3),”.
14
In paragraph (a) of regulation 44 (enforcement and application of fines), for “or manager” substitute “, manager or officer in charge of the discharge operation or incineration”.
15
At the beginning of paragraph (3)(a) of regulation 47 (defences), omit “that”.
Signed by authority of the Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
21st March 2010


text:
Title and commencement
1
These Regulations may be cited as the Justification Decision (Generation of Electricity by the AP1000 Nuclear Reactor) Regulations 2010 and come into force on the day after the day on which they are made.
Interpretation
2
In these Regulations —
“the 1996 Directive ” means Council Directive 96/29/Euratom laying down basic safety standards for the protection of health of workers and the general public against the dangers arising from ionising radiation ;
“the AP1000 practice ” means the class or type of practice which is the generation of electricity from nuclear energy using oxide fuel of low enrichment in fissile content in a light water cooled, light water moderated thermal reactor known as AP1000 designed by Westinghouse Electric Company LLC, and where the specification of that reactor matches that set out in Annex 6B to the document “Consultation on the Nuclear Industry Association’s Application to Justify New Nuclear Power Stations - Volume 3: Appendix B: Annexes to the Application” published in December 2008 by the Department of Energy and Climate Change, URN 08/1507;
“class or type or practice” bears the same meaning as it bears under Article 6(1) of the 1996 Directive;
“justified” in relation to a class or type of practice means justified by its economic, social or other benefits in relation to the health detriment it may cause;
“spent fuel” means nuclear fuel that has been irradiated in and permanently removed from a reactor core.
Justification decision
3
For the purposes of Article 6(1) of the 1996 Directive, subject to regulation 4, the following are justified —
a
the AP1000 practice; and
b
any class or type of practice which is —
i
a development of the AP1000 practice; and
ii
so similar to the AP1000 practice that the balance of benefits and detriments from that class or type of practice does not materially differ from the balance of benefits and detriments from the AP1000 practice .
Mixed oxide fuel and reprocessing
4
The justification decision in regulation 3 does not extend to —
a
the use of mixed oxide fuel in; or
b
the reprocessing of spent fuel which arises from,
a class or type of practice justified under that regulation.
Charles Hendry
Minister of State
Department of Energy and Climate Change
29th November 2010


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Town and Country Planning (Compensation) (England) Regulations 2010 and shall come into force on 6th April 2010.
2
These Regulations apply in relation to England only.
3
In these Regulations —
“ the Act ” means the Town and Country Planning Act 1990;
“the GPDO ” means the Town and Country Planning (General Permitted Development) Order 1995 ; and
“Schedule 2” means Schedule 2 to the GPDO.
Prescribed development
2
1
For the purposes of paragraphs (2A)(a) and (3C)(a) of section 108 of the Act (compensation where development order or local development order withdrawn), development of the following description is prescribed —
a
development permitted by Part 1 of Schedule 2 (development within the curtilage of a dwelling house);
b
development permitted by Class A of Part 8 of Schedule 2 (erection, extension or alteration of an industrial building or warehouse);
c
development permitted by Part 32 of Schedule 2 (schools, colleges, universities and hospitals);
d
development permitted by Part 41 of Schedule 2 (office buildings); and
e
development permitted by Part 42 of Schedule 2 (shops or catering, financial or professional services establishments).
Prescribed manner in which planning permission to be withdrawn
3
For the purposes of section 108(3C)(b) of the Act, the prescribed manner for withdrawing planning permission is by direction in accordance with articles 4, 5 and (as appropriate) 6 of the GPDO.
Notice of withdrawal – prescribed manner and period
4
For the purposes of section 108(3C)(c) of the Act —
a
the prescribed manner in which notice of the withdrawal is to be published is in the manner described in paragraphs (1) to (5) of article 5 of the GPDO; and
b
the prescribed period is 24 months.
Notice of withdrawal, revocation, amendment or directions – prescribed manner and period
5
For the purposes of section 108(3D)(c) of the Act —
a
the prescribed manner for publication of notice of the revocation, amendment or directions is in the manner described in paragraphs (7) and (8) of article 2B of the GPDO; and
b
the prescribed period is 24 months.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
8th March 2010


text:
PART 1 Introduction
Citation
1
This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Commencement No. 6, Transitional Provisions and Savings (Amendment)) and (Commencement No. 7) Order 2010.
Commencement and interpretation
2
1
Articles 6 to 11 come into force on the day after the day on which this Order is made.
2
In this Order —
“ the Act ” means the Safeguarding Vulnerable Groups Act 2006;
“the 2009 Order ” means the Safeguarding Vulnerable Groups Act 2006 (Commencement No. 6, Transitional Provisions and Savings) Order 2009 ;
“ CJCSA ” means the Criminal Justice and Court Services Act 2000 ;
“disqualification order” means an order made under section 28, 29 or 29A of CJCSA ;
“disqualified from working with children” means disqualified from working with children for the purposes of Part II of CJCSA;
“ ISA ” means the Independent Safeguarding Authority ;
“a regulated position” is one falling within section 36 of CJCSA.
PART 2 Commencement
Provisions of the Safeguarding Vulnerable Groups Act 2006 coming into force on the day after the day on which this Order is made
3
In so far as they are not already in force, the day after the day on which this Order is made is the day appointed for the coming into force of sections 21, 22 and 23(3) of the Act (controlled activity and responsible persons).
Partial commencement of section 50 of the Safeguarding Vulnerable Groups Act 2006
4
1
The day on which article 2 of the Safeguarding Vulnerable Groups Act 2006 (Supervisory Authorities and Devolution Alignment) Order 2010 comes into force is the day appointed for the coming into force of section 50 of the Act (provision of information to supervisory authorities) for the purpose specified in paragraph (2).
2
The purpose is the provision of information to the Secretary of State in the exercise of the Secretary of State’s functions under Chapter 1 of Part 10 of the Education Act 2002 .
Further repeal of provisions of the Criminal Justice and Court Services Act 2000
5
1
The repeal of the remaining provisions of CJCSA by section 63(2) of, and Schedule 10 to, the Act shall come into force on the day after the day on which this Order is made for the purposes specified in paragraph (2).
2
Section 35 of CJCSA shall cease to have effect for the purpose of making it an offence for a person knowingly to —
a
offer work in a regulated position to,
b
procure work in such a position for, or
c
fail to remove from a regulated position
a person falling within paragraph (3).
3
A person (“P”) falls within this paragraph if P is disqualified from working with children only by reason of a disqualification order falling within paragraph (4) and P —
a
is or has at any time been barred from regulated activity relating to children by virtue of section 3(2) of the Act, or
b
has been included in the children’s barred list pursuant to article 2(2)(a) of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 , but is removed from that list by the ISA in accordance with article 2(4) of that Order.
4
A disqualification order falls within this paragraph if —
a
P was subject to the disqualification order immediately before ISA included P in the children’s barred list, and
b
at that time ISA was aware that P was subject to the disqualification order.
5
In paragraph (1) “the remaining provisions of CJCSA” means the provisions of that Act mentioned in Schedule 10 to the Act other than those referred to in the Schedule to the 2009 Order.
PART 3 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Commencement No. 6, Transitional Provisions and Savings) Order 2009
6
The 2009 Order is amended in accordance with articles 7 to 11.
Amendment of article 1 of the 2009 Order (interpretation)
7
At the appropriate place in paragraph (2) of article 1 of the 2009 Order insert —
“disqualified from working with children” means disqualified from working with children for the purposes of Part II of CJCSA;
“First-tier Tribunal” means the tribunal established under section 3(1) of the Tribunals, Courts and Enforcement Act 2007
.
Amendment of article 5 of the 2009 Order (transitional provisions and savings: Protection of Children Act 1999)
8
1
Article 5 of the 2009 Order is amended in accordance with this article.
2
At the end of paragraph (5)(a) insert —
and —
i
there is no outstanding appeal relating to P’s removal from the list, and
ii
the period of time during which any appeal relating to the removal of P from the list may be made has expired
.
3
For paragraph (5)(b) substitute —
b
P is included in the children’s barred list pursuant to article 2(2)(a) of the 2008 Order and —
i
ISA is not required under paragraph (2)(b) of article 2 of the 2008 Order to give P the opportunity to make representations as to why P should be removed from that list, or
ii
where ISA is required under that paragraph to give P the opportunity to make such representations, it decides under that article not to remove P from that list, and
iii
where paragraph (i) or (ii) applies —
aa
there is no outstanding review of, or outstanding determination relating to, P’s inclusion in the list kept under section 1 of POCA,
bb
there is no outstanding appeal relating to P’s inclusion in that list, and
cc
the period of time during which any appeal relating to P’s inclusion in that list may be made has expired;
.
4
After paragraph (5) insert —
5A
Where P has been included in the children’s barred list in accordance with article 2(2)(a) of the 2008 Order and where paragraph (5)(a) is satisfied at any time whilst P is so included, ISA must remove P from the list unless it is satisfied that paragraph 1 or 2 of Schedule 3 to the Act (prescribed criteria for automatic inclusion in the children’s barred list) applies to P.
.
5
After paragraph (7) insert —
8
For the purposes of paragraph (5)(b)(iii)(aa), “outstanding review” means a review being carried out by the Secretary of State for the purposes of determining whether P should be removed from the list pursuant to section 1(3) of POCA and “outstanding determination” means an application being considered by the First-tier Tribunal under section 4A of that Act.
.
Amendment of article 6 of the 2009 Order (transitional and savings provisions: Care Standards Act 2000)
9
1
Article 6 of the 2009 Order is amended in accordance with this article.
2
At the end of paragraph (5)(a) insert —
and —
i
there is no outstanding appeal relating to P’s removal from the list, and
ii
the period of time during which any appeal relating to the removal of P from the list may be made has expired
.
3
For paragraph (5)(b) substitute —
b
P is included in the adults’ barred list pursuant to article 4(2)(a) of the 2008 Order and —
i
ISA is not required under paragraph (2)(b) of article 4 of the 2008 Order to give P the opportunity to make representations as to why P should be removed from that list, or
ii
where ISA is required under that paragraph to give P the opportunity to make such representations, it decides under that article not to remove P from that list, and
iii
where paragraph (i) or (ii) applies —
aa
there is no outstanding review of, or outstanding determination relating to, P’s inclusion in the list kept under section 81 of CSA,
bb
there is no outstanding appeal relating to P’s inclusion in that list, and
cc
the period of time during which any appeal relating to P’s inclusion in that list may be made has expired;
.
4
After paragraph (5) insert —
5A
Where P has been included in the adults’ barred list in accordance with article 4(2)(a) of the 2008 Order and where paragraph (5)(a) is satisfied at any time whilst P is so included, ISA must remove P from the list unless it is satisfied that paragraph 7 or 8 of Schedule 3 to the Act (prescribed criteria for automatic inclusion in the adults’ barred list) applies to P.
.
5
After paragraph (7) insert —
8
For the purposes of paragraph (5)(b)(iii)(aa), “outstanding review” means a review being carried out by the Secretary of State for the purposes of determining whether P should be removed from the list pursuant to section 81(3) of CSA and “outstanding determination” means an application being considered by the First-tier Tribunal under section 87 of that Act.
.
Amendment of article 7 of the 2009 Order (transitional and savings provisions: Education Act 2002)
10
1
Article 7 of the 2009 Order is amended in accordance with this article.
2
At the end of paragraph (4)(a) insert —
and —
i
there is no outstanding appeal relating to the revocation of the direction, and
ii
the period of time during which any appeal relating to the revocation of the direction may be made has expired
.
3
For paragraph (4)(b) substitute —
b
P is included in the children’s barred list pursuant to article 2(2)(a) of the 2008 Order and —
i
ISA is not required under paragraph (2)(b) of article 2 of the 2008 Order to give P the opportunity to make representations as to why P should be removed from that list, or
ii
where ISA is required under that paragraph to give P the opportunity to make such representations, it decides under that article not to remove P from that list, and
iii
where paragraph (i) or (ii) applies —
aa
there is no outstanding review of, or outstanding determination relating to, a direction to which P is subject,
bb
there is no outstanding appeal relating to a direction made in relation to P, and
cc
the period of time during which any appeal relating to a direction made in relation to P may be made has expired;
.
4
After paragraph (4) insert —
4A
Where P has been included in the children’s barred list in accordance with article 2(2)(a) of the 2008 Order and where paragraph (4)(a) is satisfied at any time whilst P is so included, ISA must remove P from the list unless it is satisfied that paragraph 1 or 2 of Schedule 3 to the Act (prescribed criteria for automatic inclusion in the children’s barred list) applies to P.
.
5
After paragraph (6) insert —
7
For the purposes of paragraph (4)(b)(iii)(aa), “outstanding review” means a review being carried out for the purposes of determining whether a direction made in relation to P should be varied or revoked under section 142(6) of EA 2002 and “outstanding determination” means an application being considered by the First-tier Tribunal under section 144(2) of that Act.
.
Minor amendments of the 2009 Order (article 3 and the Schedule to that Order)
11
1
In article 3(4)(b) of the 2009 Order, for “paragraph” substitute “article”.
2
In column 2 of the Schedule to the 2009 Order —
a
in the entry that corresponds to the reference in column 1 to “Section 22”, for “to 37” subsitute “, 36”;
b
in the entry that corresponds with the reference in column 1 to “Schedule 10”, for “CJSA” substitute “CJCSA”.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
29th March 2010


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Oman) Order 2010.
Double taxation and international tax enforcement arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Protocol set out in the Schedule to this Order, which vary the agreement set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Oman) Order 1998 have been made with the Government of the Sultanate of Oman;
b
the arrangements have been made with a view to affording relief from double taxation in relation to income tax, corporation tax, capital gains tax and taxes of a similar character imposed by the laws of the Sultanate of Oman and for the purpose of assisting international tax enforcement; and
c
it is expedient that those arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and application
1
These Regulations —
a
may be cited as the Environmental Noise (England) (Amendment) Regulations 2010; and
b
come into force on 18 March 2010.
Amendment of the Environmental Noise (England) Regulations 2006
2
1
The Environmental Noise (England) Regulations 2006 are amended as follows.
2
Regulation 2 (interpretation) is amended as follows —
a
in paragraph (2), for the definition of “Directive” substitute —
“the Directive” means Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise
; and
b
after paragraph (2), insert —
3
In these Regulations, any reference to Annex I or VI or paragraph 7 of Annex IV of the Directive is to be construed as a reference to that Annex or paragraph of the Directive as amended from time to time.
.
3
For paragraph (2)(b) of regulation 4 (strategic noise maps: general requirements), substitute —
b
the supplementary noise indicators,
.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
11th February 2010