text:
Citation, commencement and application
1
1
This Order may be cited as the Council Tax Limitation (Maximum Amounts) (England) Order 2009 and shall come into force on the day after the day on which it is made.
2
This Order applies to authorities in England only .
Maximum amounts
2
The amount which the amount calculated by Surrey police authority as its budget requirement for the financial year beginning in 2009 is not to exceed is £197,206,000, which amount does not exceed the amount already calculated by the authority as its budget requirement for that year.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State
Department for Communities and Local Government
9th July 2009


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Children and Young Persons Act 2008 (Commencement No. 2) (England) Order 2009.
2
In this Order, “ the Act ” means the Children and Young Persons Act 2008.
Appointed days
2
1
Section 21 of the Act (entitlement to payment in respect of higher education), in so far as it is not already in force, comes into force in relation to England on the day after the day on which this Order is made.
2
1st September 2009 is the appointed day for the coming into force of the following provisions of the Act in relation to England —
a
section 8(1) (provision of accommodation and maintenance for children who are looked after by a local authority) in so far as it inserts into the 1989 Act —
i
section 22C(11), and
ii
section 22F;
b
section 8(2) and Schedule 1 in so far as they relate to paragraph 4 of that Schedule;
c
section 10(1) (independent reviewing officers) in so far as it inserts, for the purpose only of enabling regulations to be made, sections 25A(4) and 25B(1)(b) and (d) and (2)(a) into the 1989 Act;
d
section 15 (duty of local authority to ensure visits to looked after children and others) in so far as it inserts into the 1989 Act —
i
for the purpose only of enabling regulations to be made, section 23ZA(3)(a), and
ii
section 23ZA(4);
e
section 16(1) (independent visitors for children looked after by a local authority) in so far as it inserts into the 1989 Act —
i
for the purpose only of enabling regulations to be made, section 23ZB(1)(a), and
ii
section 23ZB(9);
f
section 20 (designated member of staff at school for pupils looked after by a local authority) in so far as it is not already in force;
g
section 22(3) and (5) (assistance to pursue education or training) in so far as they insert section 23E(1B) and (1C) into the 1989 Act;
h
section 25(4) (breaks from caring for disabled children) in so far as it inserts, for the purpose only of enabling regulations to made, sub-paragraph (2) into paragraph 6 of Schedule 2 to the 1989 Act;
i
section 29 (notification of matters relating to persons carrying on or managing children’s homes etc ) in so far as it inserts, for the purpose only of enabling regulations to be made, section 30A(3) and (4) into the 2000 Act ;
j
section 36 (entitlement of a relative to apply for a residence order);
k
section 37 (duration of residence orders);
l
section 38 (entitlement of a relative to apply for a special guardianship order); and
m
section 42 and Schedule 4 (repeals) in so far as they relate to the repeal of the following provisions of the 1989 Act —
i
section 12(5) and (6), and
ii
the words “or 12(5)” in section 91(10).
Iain Wright
Parliamentary Under Secretary of State
Department for Children, Schools and Families
21st August 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Identity Cards Act 2006 (Commencement No. 5) Order 2009.
2
In this Order –
“airside pass” in relation to an airport means a pass allowing the person to whom it has been issued unaccompanied access to a restricted zone or part of a restricted zone at that airport;
“ EEA national” means a national of an EEA State;
“EEA State” means –
a Member State, other than the United Kingdom;
Norway, Iceland, or Liechtenstein; or
Switzerland;
“Identity and Passport Service” means the Secretary of State acting through the Identity and Passport Service;
“restricted zone” means an area designated by the Secretary of State under section 11A of the Aviation Security Act 1982 ; and
“the 2006 Act ” means the Identity Cards Act 2006.
Commencement
2
1
Section 2(1) and (2), and section 5(1)(b), of the 2006 Act shall come into force on 30 th November 2009 in relation to any person to whom paragraph (2), (3), (4), (5) or (6) applies, except to the extent that those provisions are already in force in respect of such persons.
2
This paragraph applies to a British citizen or EEA national who is employed by, or is working under a contract for services for, the Identity and Passport Service.
3
This paragraph applies to a British citizen or EEA national who is employed by, or is working under a contract for services for, the Home Office and whose place of work is permanently or temporarily at premises located in a London borough, in the City of London, or in the Inner Temple or the Middle Temple.
4
This paragraph applies to a British citizen who –
a
holds, or has at any time on or after 1 st January 2009 held, a United Kingdom passport (within the meaning of the Immigration Act 1971 ) which provides evidence of his British citizenship; and
b
either –
i
the address of his place of residence is located in an area to which one of the postcodes listed in the Schedule corresponds; or
ii
is employed and his place of work is permanently or temporarily at premises located in an area to which one of the postcodes listed in the Schedule corresponds.
5
This paragraph applies to a British citizen or EEA national who holds an airside pass in respect of Manchester Airport or London City Airport, holds employment for which such a pass is required, or has been offered employment for which such a pass is required.
6
This paragraph applies to a British citizen or EEA national who is a member of the Public Panel or the Experts Group established by the Identity and Passport Service .
Meg Hillier
Parliamentary Under‑Secretary of State
Home Office
16th November 2009


text:
Citation and commencement
1
These Regulations may be cited as the Armed Forces (Forfeiture of Service) Regulations 2009 and shall come into force on 31st October 2009.
Interpretation
2
In these Regulations —
“the 2006 Act ” means the Armed Forces Act 2006;
“enlisted person” means a member of the regular forces of or below the rank or rate of warrant officer.
Determination that a trial may be dispensed with
3
1
This regulation applies where —
a
during an interview conducted in accordance with the Service Police Code of Practice for the Treatment and Questioning of Persons by the Service Police , a member of the regular forces (“the deserter”) has made a confession to a service policeman that he is guilty of an offence under section 8 of the 2006 Act;
b
the confession is in writing, and is signed and dated by the deserter; and
c
the confession includes a statement of —
i
the period during which the deserter admits having been in desertion; and
ii
whether, at any time during that period, he intended to avoid a period of active service.
2
Subject to paragraph (3), the deserter’s commanding officer may make a determination that a trial may be dispensed with in the deserter’s case.
3
If —
a
the confession includes a statement that the deserter intended, at any time during the period when he was in desertion, to avoid a period of active service, or
b
the circumstances are such as would indicate to a reasonable person that the deserter may have so intended,
the commanding officer may not make a determination under paragraph (2) without the consent of the Director of Service Prosecutions.
4
A commanding officer who makes a determination under paragraph (2) shall as soon as is practicable inform the deserter, or cause him to be informed, of —
a
the determination;
b
any direction given by the commanding officer under regulation 4(3); and
c
the effect, if any, of regulation 4 (including that of any direction under regulation 4(3)) in relation to the deserter.
5
In this regulation “active service” has the same meaning as in section 8 of the 2006 Act.
Forfeiture of service
4
1
Subject to paragraph (5), this regulation applies where —
a
a commanding officer makes a determination under regulation 3(2) in relation to an enlisted person; or
b
an enlisted person is convicted of an offence under section 8 of the 2006 Act.
2
Subject to paragraph (3), the relevant period of service shall be forfeited.
3
Where this regulation applies by virtue of paragraph (1)(a), the commanding officer may direct —
a
that no service shall be forfeited, or
b
that a specified part of the relevant period of service shall be forfeited,
and if such a direction is given paragraph (2) shall not apply.
4
Where a period of service is forfeited under paragraph (2) or (3)(b), these Regulations and regulations made under sections 329 and 331 of the 2006 Act shall apply in relation to the deserter, and he shall be liable to serve, as if he had on the appropriate date been enlisted for the term for which he was serving on the relevant date, including any entitlement to be transferred to a reserve force after a particular period of service and any liability to serve in a reserve force.
5
Where this regulation applies by virtue of paragraph (1)(a), in this regulation —
“the deserter” means the person in relation to whom the determination under regulation 3(2) is made;
“the relevant period of service” means the period during which the deserter admitted having been in desertion;
“the relevant date” means the date of the determination; and
“the appropriate date” means a date earlier than the relevant date by the length of the deserter’s service which is not forfeited.
6
Where this regulation applies by virtue of paragraph (1)(b), in this regulation —
“the deserter” means the person convicted of the offence under section 8 of the 2006 Act;
“the relevant period of service” means —
if the court states when announcing sentence that the deserter is found to have been in desertion only for a specified part of the period during which he was alleged in the charge sheet to have been in desertion, that part of that period;
otherwise, the period during which he was alleged in the charge sheet to have been in desertion;
“the relevant date” means the date of the conviction; and
“the appropriate date” means a date earlier than the relevant date by the length of the deserter’s service which is not forfeited.
7
This regulation shall not have the effect of enabling the deserter to exercise any right conferred by regulations made under section 329 of the 2006 Act at a time earlier than that at which he could otherwise have exercised that right.
8
This regulation does not apply in relation to a person who deserted at a time when he had, by virtue of regulations made under section 329 of the 2006 Act, continued in service after the expiry of the term for which he was enlisted.
Restoration of forfeited service
5
1
Where a period of service has been forfeited under regulation 4(2) or (3)(b), the Defence Council may make a determination restoring the whole or part of that period on any ground they see fit.
2
Where the Defence Council make a determination restoring the whole of the period forfeited, regulation 4 shall cease to apply.
3
Where the Defence Council make a determination restoring part of the period forfeited, regulation 4 shall have effect as if the period forfeited were that part of the period forfeited which is not restored.
Transitional provisions
6
The Schedule shall have effect.
Kevan Jones
Bill Jeffrey
Members of the Defence Council
Ministry of Defence
31st March 2009


text:
PART 1 Preliminary
Citation and commencement
1
These Regulations may be cited as the Port Security Regulations 2009 and come into force on 1st September 2009.
Interpretation
2
In these Regulations —
“ 1972 Act ” means the European Communities Act 1972;
“ AMSA ” means the Aviation and Maritime Security Act 1990 ;
“AMSA facility” means a harbour area or a harbour operation that is subject to a direction of the Secretary of State under Part III of AMSA which is in force, and for this purpose “harbour area” has the meaning given in section 18 of AMSA and “harbour operation” has the meaning given in section 46 of AMSA;
“controlled building” means a building or part of a building in a port that has been —
described as a controlled building in a port facility security plan that has been integrated into a port security plan, or
designated as a controlled building;
“designated” means designated by the Secretary of State in an Order under section 2(2) of the 1972 Act;
“directed party” means a person who has been served with a direction of the Secretary of State under Part III of AMSA, in relation to an AMSA facility, while that direction remains in force;
“ EC Regulation ” means Regulation (EC) No. 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security;
“ ISPS Code” means the International Ship and Port Facility Security Code as amended from time to time, in so far as those amendments are integrated in Community maritime legislation in accordance with Article 2 and Article 10 of the EC Regulation and are published in the Official Journal of the European Union;
“owner of the port facility security plan” means the person who submits the port facility security plan (or the person on whose behalf that plan is submitted) to the Secretary of State for approval in accordance with section 16.2 of Part A of the ISPS Code;
“port” has the meaning given in regulation 3(2);
“port facility” means a location where the ship/port interface takes place, and this includes areas such as anchorages, waiting berths and approaches from seaward, as appropriate and for this purpose “ship/port interface” means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons or goods or the provision of port services to or from the ship;
“port facility security officer” means a person identified as responsible for the development, implementation, revision and maintenance of a port facility security plan and for liaison with the ship security officers and company security officers in accordance with section 17.1 of Part A of the ISPS Code;
“port facility security plan” means a plan developed under the EC Regulation in accordance with the provisions of section 16 of Part A of the ISPS Code, and “approved port facility security plan” means a plan that has been approved by the Secretary of State in accordance with the requirements of section 16.2 of Part A of the ISPS Code;
“port related area” means an area of land or property that is affecting or is likely to affect the security of a port and has been designated as a port related area in relation to that port;
“port related area security plan” means a plan developed in accordance with Schedule 1;
“port security assessment” means an assessment carried out by the Port Security Authority under regulation 14;
“Port Security Authority” means a body that has been designated as a Port Security Authority for a port;
“port security officer” means a person appointed under regulation 12;
“port security plan” means a plan prepared and maintained by a Port Security Authority under regulation 15;
“prohibited article” means —
any firearm, or any article having the appearance of being a firearm, whether capable of being discharged or not,
any explosive, any article manufactured or adapted so as to have the appearance of being an explosive, whether it is capable of producing a practical effect by explosion or not, and any article marked or labelled so as to indicate that it is or contains an explosive, or
any article (not falling within paragraph (a) or (b)) which is capable of use for causing injury to or incapacitating a person or for destroying or damaging property, or intended by the person having it with them for such use, whether by that person or by any other person;
“recognised security organisation” means an organisation that has been appointed by the Secretary of State for the purposes of these Regulations under regulation 23;
“restricted area” means an area that has been —
described, in accordance with section 16.3.2 of Part A of the ISPS Code, as a restricted area in a port facility security plan that has been integrated into a port security plan, or
designated as a restricted area;
“security manager” means a person appointed under Schedule 1;
“transport security inspector” means a person authorised in writing by the Secretary of State to act as an authorised person for the purposes of —
part III of AMSA,
part III of the Channel Tunnel (Security) Order 1994 ,
part II of the Aviation Security Act 1982 , or
part III of the Railways Act 1993 ;
“ UK control authorities” means —
the Department for Transport, including the Maritime and Coastguard Agency,
Her Majesty’s Revenue and Customs,
the UK Border Agency, an executive agency of the Home Office,
the Serious Organised Crime Agency ,
the Department for Environment Food and Rural Affairs, and
any police service that has an interest in the port concerned.
Application of the Regulations
3
1
These Regulations apply to ports in the United Kingdom.
2
For the purposes of these Regulations “port” means an area of land and water —
a
within boundaries that have been identified by the Secretary of State in an Order made under section 2(2) of the 1972 Act, and
b
that contains at least one port facility that is covered by an approved port facility security plan,
and every reference to a port includes a reference to any port related area that has been designated in relation to that port.
3
These Regulations do not apply to installations used by Her Majesty’s armed forces or members of a visiting force, in ports.
4
In this regulation —
a
“armed forces” includes the navy and air force;
b
“visiting force” means any body, contingent or detachment of the forces of a country for the time being present in the United Kingdom on the invitation of Her Majesty’s Government in the United Kingdom.
5
Where a port contains only one port facility that is covered by an approved port facility security plan, and no port related area has been designated in relation to that port, and the boundaries of that port facility are effectively the same as those of that port, the relevant provisions of the EC Regulation take precedence over these Regulations.
Port related areas
4
Schedule 1, which makes provision for port related areas, has effect.
PART 2 Port Security Authorities
Port Security Authorities
5
1
A body may be designated as the Port Security Authority for more than one port.
2
Schedule 2, which makes provision about Port Security Authorities, has effect.
Duty to apply for or nominate membership of a Port Security Authority
6
An application for membership of the Port Security Authority for a port must be made to the Secretary of State by —
a
the port facility security officer of each port facility within the port, or an individual nominated by that port facility security officer or by the owner of the port facility plan to represent the port facility on the Port Security Authority;
b
an individual nominated by the directed party of each AMSA facility (if any) within the port to represent the AMSA facility on the Port Security Authority; and
c
the security manager of each port related area (if any) designated in relation to the port, or an individual nominated by that security manager to represent the port related area on the Port Security Authority.
Port Security Authority: Objection to decisions
7
1
A person affected by a decision of a Port Security Authority (“the objector”) may require the Secretary of State to consider an objection to that decision by serving on the Secretary of State a notice in writing within 30 days of the date on which the decision was made.
2
A notice under paragraph (1) must be copied to the Port Security Authority.
3
A notice under paragraph (1), and the copy served on the Port Security Authority under paragraph (2), must be accompanied by a statement in writing —
a
specifying the grounds on which the objector is objecting to the decision; and
b
providing such further information as may be appropriate.
4
The Port Security Authority may provide the Secretary of State with a response to the objector’s notice under paragraph (1) within 30 days of receipt of that notice, and a copy of any such response must be sent at the same time by that Port Security Authority to the objector.
5
If the Secretary of State requests any further information that the Secretary of State considers necessary from either party that information must be provided to the Secretary of State within 30 days of receipt of such a request or such longer time as the Secretary of State may allow.
6
If the information requested under paragraph (5) is not supplied within 30 days, or such longer time as the Secretary of State may have allowed, the Secretary of State may serve a notice in writing either —
a
confirming the decision;
b
directing the Port Security Authority to reconsider the decision; or
c
imposing a new or modified decision on the Port Security Authority.
7
If, no later than 30 days after the latest of —
a
the date of service of a notice under paragraph (1),
b
the date of service of a response (if any) under paragraph (4), and
c
the date that information requested under paragraph (5) is provided,
either party so requests in writing to the Secretary of State, the Secretary of State must allow both parties the opportunity of appearing before and being heard by a person appointed by the Secretary of State for that purpose.
8
After considering the notice and statement served under paragraphs (1) and (3), any response provided under paragraph (4), any further information provided under paragraph (5) and the report of any person appointed under paragraph (7), the Secretary of State must serve on both parties a notice in writing either —
a
confirming the decision;
b
directing the Port Security Authority to reconsider the decision; or
c
imposing a new or modified decision on the Port Security Authority.
9
A notice served by the Secretary of State under paragraph (8) shall be binding on the Port Security Authority and the objector.
10
For the purposes of this regulation “a decision” is a decision of the Port Security Authority —
a
that will result in the adoption or amendment of a port security plan; or
b
regarding the charging of fees.
Port Security Authority: Fees
8
1
Subject to paragraph (2), a Port Security Authority may charge a port facility security officer, directed party or security manager such a fee in connection with, or incidental to, carrying out any function under these Regulations as it may decide.
2
The fee charged under paragraph (1) must not exceed the costs reasonably incurred or to be incurred by the Port Security Authority in carrying out the function in question.
3
A fee charged under paragraph (1) shall be —
a
due upon written demand; and
b
recoverable only as a civil debt.
Power to require information from a Port Security Authority
9
1
The Secretary of State may, by notice in writing, require a Port Security Authority to provide information and documentation relating to —
a
the security of the port;
b
the proceedings of that Authority; or
c
the membership of that Authority.
2
A Port Security Authority must provide the Secretary of State with any information or documentation requested under paragraph (1) within 30 days of the notice being served on it, or such longer period as the Secretary of State may allow.
Power of the Port Security Authority to require information
10
1
A Port Security Authority may, by notice in writing, require a port facility security officer, directed party or security manager, to furnish it with such information relating to the security of the port in relation to which that Authority has been designated, as that Authority may consider necessary for the carrying out of its functions.
2
A person served with a notice under paragraph (1) must provide the Port Security Authority with the information requested in that notice within 30 days of that notice being served on that person, or such longer period as the Port Security Authority specifies in that notice.
Co-operation with UK control authorities
11
A Port Security Authority must ensure that there is adequate liaison and cooperation with UK control authorities.
PART 3 Port Security Officer
Port security officer
12
1
A Port Security Authority must appoint a person to be the port security officer for the port.
2
The Port Security Authority must notify the Secretary of State of any appointment made under paragraph (1) within 30 days of that appointment and request approval for the appointment.
3
If the Secretary of State fails to give or refuse approval within 30 days of receipt of a request under paragraph (2), the Secretary of State shall be deemed to have approved that appointment.
4
If, within 30 days of receipt of a request made under paragraph (2) the Secretary of State gives the Port Security Authority notice of refusal to approve the appointment, the appointment of the port security officer terminates and the Port Security Authority must appoint under paragraph (1) a new person to be the port security officer for the port within 30 days of receiving that notice.
5
A person may be appointed and approved as a port security officer under this regulation for more than one port.
Functions of the port security officer
13
1
A port security officer for a port —
a
is the point of contact for port security related issues; and
b
must co-operate with —
i
port facility security officers of port facilities situated in the port;
ii
directed parties of AMSA facilities (if any) situated in the port; and
iii
security managers of port related areas (if any) for the port.
2
A port security officer for a port may require a port facility security officer of a port facility situated in the port, a directed party of an AMSA facility situated in the port or a security manager of a port related area for the port, to furnish him with such information as he may consider necessary to carry out his functions.
PART 4 General Requirements
Port security assessment
14
1
A Port Security Authority must complete a port security assessment in respect of each port for which it has been designated.
2
The port security assessment must be carried out taking into account —
a
the provisions of Schedule 3;
b
the port facility security assessments carried out for the port facilities situated within the port;
c
specificities of different sections of —
i
the port; and
ii
any areas adjacent to the port referred to in a notice under paragraph (3).
3
The Secretary of State may by notice in writing require a Port Security Authority to include in its port security assessment any area adjacent to the port that the Secretary of State considers could have an impact on the security of the port.
4
Where international maritime transport services operate from a port, the Port Security Authority must, when conducting the port security assessment, co-operate with the authorities of the other Member States to which those services operate.
5
The Port Security Authority may appoint a recognised security organisation to carry out the port security assessment on its behalf.
6
A Port Security Authority must request approval from the Secretary of State for the port security assessment within 9 months of the designation of that Port Security Authority coming into force.
7
A request for approval under paragraph (6) must be made in writing and be accompanied by information demonstrating that the assessment has been carried out in accordance with paragraph (2).
8
After receiving a request for approval under paragraph (6) the Secretary of State may —
a
approve,
b
refuse to approve, or
c
approve subject to amendment,
the port security assessment.
9
If the Secretary of State fails to give or refuse approval within 30 days of receipt of a request under paragraph (6), the Secretary of State shall be deemed to have refused to approve the port security assessment.
10
If the Secretary of State has, or is deemed to have, refused to approve the port security assessment, the Port Security Authority must revise that assessment and submit a further request for approval within 30 days of that refusal or deemed refusal.
11
Paragraphs (7), (8), (9) and (10) apply to a further request made under paragraph (10) as they do to a request made under paragraph (6).
12
In this regulation “port facility security assessment” means an assessment of a port facility carried out pursuant to the EC Regulation.
Port security plan
15
1
A Port Security Authority must develop, maintain and update the port security plan for each port for which it has been designated.
2
The Port Security Authority must ensure that the port security plan —
a
addresses the specificities of different sections of the port;
b
has integrated into it —
i
the approved port facility security plans for every port facility situated in that port;
ii
the port related area security plans created for all port related areas (if any) designated in relation to the port; and
iii
the AMSA facility contingency plans created for all AMSA facilities (if any) in the port;
c
where and to the extent appropriate, sets out the security measures to be applied to passengers and vehicles set for embarkation on seagoing vessels;
d
identifies for each of the security levels set out in regulation 20 —
i
the procedures to be followed,
ii
the measures to be put in place, and
iii
the actions to be taken,
for the port, or where appropriate, for each part of the port,
e
takes into account the requirements of Schedule 4; and
f
identifies the person or persons responsible for each of the measures contained in that plan.
3
Nothing in this regulation requires the Port Security Authority to carry out work that has been carried out in the course of developing a port facility security plan, a port related area security plan or an AMSA facility contingency plan.
4
The Port Security Authority may appoint a recognised security organisation to develop the port security plan on its behalf.
5
The Port Security Authority must ensure that, if a recognised security organisation has carried out a port security assessment or review of a port security assessment for a port, that recognised security organisation does not develop or review the port security plan for that port.
6
In this regulation “AMSA facility contingency plan” means a contingency plan created by a directed party pursuant to an AMSA direction.
Approval of the port security plan
16
1
A Port Security Authority must request approval from the Secretary of State for the port security plan within 12 months of the designation of that Port Security Authority.
2
The Secretary of State may, in respect of a request under paragraph (1) —
a
approve,
b
refuse to approve, or
c
approve subject to amendment,
the port security plan.
3
When, or at any time after, approving a port security plan (whether or not subject to amendment), the Secretary of State may notify the Port Security Authority of types of amendments to the port security plan that must be submitted to the Secretary of State for approval before those amendments are implemented.
4
Where a Port Security Authority has received a notification under paragraph (3), that Port Security Authority must request an approval from the Secretary of State before implementing an amendment to the port security plan of any type specified in that notification and must not implement that amendment until an approval has been obtained.
5
The Secretary of State may in respect of a request under paragraph (4) —
a
approve,
b
refuse to approve, or
c
approve subject to further amendment,
an amendment to a port security plan.
6
Any request under this regulation must be in writing, and a request for approval under —
a
paragraph (1) must be accompanied by a copy of the port security plan;
b
paragraph (4) must be accompanied by a copy of the port security plan and an explanation of the proposed amendments.
7
The Secretary of State may request additional information in support of a request for approval under paragraph (1) or paragraph (4).
8
If the Secretary of State fails to give or refuse approval within 30 days of the date of receipt of a request under paragraph (1) or (4), or of the date on which the Secretary of State requested additional information under paragraph (7), whichever is later, the Secretary of State shall be deemed to have refused to give approval for the plan or amendment in question.
9
If the Secretary of State has, or is deemed to have, refused to approve a request made under paragraph (1) the Port Security Authority must, within 30 days of that refusal or deemed refusal, revise the port security plan and submit a further request for approval.
10
Paragraphs (2), (6), (7), (8) and (9) apply to a further request made under paragraph (9) as they do to a request made under paragraph (1).
Implementation of the port security plan
17
1
A Port Security Authority must satisfy itself that the port security plan is implemented.
2
Any person who is identified as being responsible for a measure contained in a port security plan, as required by regulation 15(2)(f), must implement that measure.
Review of the port security assessment and port security plan
18
1
A Port Security Authority must complete a review of the port security assessment and the port security plan —
a
at each meeting of the Port Security Authority;
b
within 30 days of a major operational change in the port;
c
within 30 days of a major structural change in the port;
d
within 30 days of a major security incident at the port;
e
within 30 days of any written request of the Secretary of State; and
f
not more than 5 years after that assessment was last approved or that plan was last approved.
2
A review of a port security assessment under paragraph (1)(a) must consist of a review of the security risks highlighted in the port security assessment, the likelihood of the security risks occurring, the impact such an occurrence would have and the actions to be taken to address those security risks.
3
A review of a port security assessment under paragraph (1)(b), (c), (d), (e) or (f) must consist of a review of the matters that the Port Security Authority is required to take into account by regulation 14(2).
4
A review of a port security plan under paragraph (1) must consist of a review of the matters that the Port Security Authority is required to comply with under regulation 15(2).
5
Following a review under paragraph (1) the Port Security Authority must amend the port security assessment and port security plan as appropriate.
6
Where a port security plan or a port security assessment has been reviewed under paragraph (1)(b), (c), (d), (e) or (f), the Port Security Authority must request approval from the Secretary of State for the port security plan or port security assessment (as amended if appropriate under paragraph (5)) no later than 30 days after the deadline for undertaking the review specified in that provision.
7
The provisions of regulation 14(7),(8),(9) and (10) apply to a request for approval from the Secretary of State of a port security assessment following a review of that port security assessment under paragraph (1)(b), (c), (d), (e) or (f) as they apply to a request for approval under regulation 14(6).
8
The provisions of regulation 16(2),(6),(7),(8) and (9) apply to a request for approval from the Secretary of State of a port security plan following a review of that port security plan under paragraph (1)(b),(c),(d), (e) or (f) as they apply to a request for approval under regulation 16(1).
9
The Port Security Authority may appoint a recognised security organisation to carry out a review of the port security assessment or port security plan on its behalf.
10
In this regulation —
a
“major operational change” means a major change to a commercial maritime transport operator or its operations that will have an impact on the security of the port; and
b
“major structural change” means a major change to any physical structures in the port that will have an impact on the security of the port.
Security training
19
A Port Security Authority must ensure that adequate training exercises are carried out that take into account the requirements of Schedule 5.
Security levels
20
1
Where the Secretary of State gives a Port Security Authority notice of the security level that is to apply to a port or part of a port, the Port Security Authority must ensure that the security measures required for that level and set out in the port security plan are in place at that port or that part of a port —
a
within such time as is specified in the notice; or
b
if no time is specified in the notice, within 24 hours of that notice being given.
2
The three security levels are —
a
security level 1;
b
security level 2; and
c
security level 3.
3
In this regulation —
a
“security level 1” means the level for which minimum appropriate protective security measures are to be maintained at all times;
b
“security level 2” means the level for which appropriate additional protective security measures are to be maintained for a period of time as a result of a heightened risk of a security incident;
c
“security level 3” means the level for which further specific protective security measures are to be maintained for a limited period of time when a security incident is probable or imminent, even if it is not possible to identify the specific target.
Security clearance and protective marking of documents
21
1
A person who carries out security inspections of a port, or handles confidential information relating to the security of a port, must be approved for such work by the Secretary of State.
2
A person who creates pursuant to these Regulations any document that relates to the security of a port must ensure that the document is clearly marked so as to indicate the degree of sensitivity with which that document is to be treated.
3
In determining whether paragraph (2) has been complied with, account shall be taken of any Guidance issued by the Secretary of State on the protective marking of documents.
Monitoring of port security plans
22
1
For the purpose of verifying that a port security plan is being implemented in accordance with these Regulations, a transport security inspector, may, on production (if required) of their credentials, inspect —
a
any part of a port;
b
any land, building or works within a port; and
c
any vehicle, vessel, train or freight container in a port.
2
A transport security inspector carrying out an inspection under paragraph (1) may, so far as he or she considers necessary for the purpose for which the inspection is carried out —
a
subject any part of the port or any property found by that inspector there or on such land or in that building or in those works, to tests;
b
subject any vehicle, vessel, train or freight container, or any apparatus or equipment installed in it, to tests;
c
take steps —
i
to ascertain what practices or procedures are being followed in relation to security; and
ii
to test the effectiveness or any practice or procedure relating to security;
d
require —
i
the Port Security Authority,
ii
the port security officer,
iii
the port facility security officer or the owner of the port facility security plan of a port facility in the port,
iv
the directed party of an AMSA facility in the port,
v
the security manager of a port related area,
vi
any person whose place of work is in the port, or
vii
any person acting on behalf of any of the persons listed in sub-paragraphs (i) to (vi),
to furnish that inspector with information.
3
Subject to paragraphs (4) and (5), a transport security inspector may, for the purpose of exercising any power conferred on that inspector by paragraph (1) or (2), enter any land, building or works in a port.
4
The powers conferred by paragraph (3) do not include power for a transport security inspector to use force for the purpose of entering any land, building or works.
5
The powers conferred by paragraphs (1) to (3) do not apply in the case of premises used only as a private dwelling.
6
For the purpose of this regulation “freight container” means an article of transport equipment which is —
a
of a permanent character and accordingly strong enough for repeated use,
b
designed to facilitate the transport of goods by one or more modes of transport without intermediate reloading,
c
designed to be secured or readily handled or both, having corner fittings for these purposes, and
d
of a size such that the area enclosed by the outer bottom corners is either —
i
if the container is fitted with top corner fittings, at least 7 square metres, or
ii
in any other case, at least 14 square metres,
and includes a container when carried on a chassis but does not include a vehicle or packaging, or any article of transport equipment designed solely for use in air transport, or a swap body except when it is carried by or on board a sea-going ship and is not mounted on a road vehicle or rail wagon.
Recognised security organisations
23
1
The Secretary of State may appoint a person as a recognised security organisation for the purposes of these Regulations.
2
The Secretary of State must not appoint a person under paragraph (1) unless the Secretary of State is satisfied that the person meets the conditions set out in Schedule 6.
PART 5 Controlled buildings and restricted areas
Entering a controlled building
24
1
A person must not enter a controlled building except with the permission of a relevant person, and in accordance with any conditions imposed with that permission.
2
A person must not remain in a controlled building after being instructed to leave by a relevant person.
3
A relevant person may use such force as is reasonable in the circumstances to remove a person who by remaining in a controlled building is in contravention of paragraph (2).
4
For the purposes of this regulation “a relevant person” means —
a
a constable,
b
the port security officer,
c
the port facility security officer, if the controlled building is situated in a port facility,
d
the directed party, if the controlled building is situated in an AMSA facility,
e
the security manager, if the controlled building is situated in a port related area,
or a person acting on behalf of that port security officer, port facility security officer, directed party or security manager.
Searching people or property entering or in a restricted area or controlled building
25
1
A relevant person may search any person attempting to enter a controlled building or restricted area, or any baggage, cargo, vehicle, vessel or other moveable property of any description which is entering or about to enter a controlled building or restricted area.
2
Neither a person who refuses to submit to such a search nor that person’s baggage, cargo, vehicle, vessel or other moveable property, may enter a restricted area or controlled building.
3
A relevant person who has reasonable cause to suspect that a prohibited article is in, or may be brought into, a controlled building or restricted area, may, without a warrant, search any part of —
a
the controlled building or any baggage, cargo, vehicle, vessel or other moveable property of any description which, or any person who, is for the time being in any part of the controlled building; and
b
the restricted area, or any baggage, cargo, vehicle, vessel or other moveable property of any description which, or any person who, is for the time being in any part of the restricted area.
4
For the purpose of paragraph (3) a relevant person may stop any person, baggage, cargo, vehicle, vessel or other moveable property of any description and detain it or that person for so long as may be necessary for that purpose.
5
For the purpose of paragraph (3) a relevant person may enter any controlled building or any building or works in the restricted area or enter upon any land in the restricted area, if need be by force.
6
If, in the course of a search carried out under this regulation, a prohibited article is found on a person (“A”), and a relevant person has reasonable cause to suspect that A does not have lawful authority or reasonable excuse to have that article in a controlled building or restricted area, a relevant person may —
a
detain A, and
b
confiscate the prohibited article,
for so long as may be necessary except that if detention is by a relevant person other than a constable, the police must be contacted as soon as reasonably practicable and the relevant person can then continue to detain A only if the police have indicated that they will attend and only until the police arrive.
7
Subject to paragraph (8), searches undertaken under this regulation must be carried out in public and may not require a person to remove clothing other than an outer coat or jacket and any gloves and hats.
8
Where —
a
a person so requests, or
b
it is necessary to require the removal of more than an outer coat or jacket and any gloves or hat in order to establish whether a prohibited article is being carried by a person,
the search must be undertaken in private and in the presence of two or more relevant persons who must be the same sex as the person being searched.
9
In this regulation “relevant person” means —
a
a constable,
b
an officer of the UK Border Agency, an executive agency of the Home Office,
c
the port security officer for the port concerned,
d
the port facility security officer, if the controlled building or restricted area is situated in a port facility,
e
the directed party, if the controlled building or restricted area is situated in an AMSA facility, or
f
the security manager, if the controlled building or restricted area is situated in a port related area,
or a person acting on behalf of that port security officer, port facility security officer, directed party or security manager.
PART 6 Enforcement
Enforcement notices
26
1
Where a transport security inspector is of the opinion that a person has failed to comply with a requirement of regulation 6, 8, 10(2), 13(1)(b) or 13(2), 17(2), 21(1) or (2), paragraphs 1(2), 2, 3 or 4 of Schedule 1, or paragraph 3 of Schedule 2, the transport security inspector may serve on that person a notice (referred to in this Part as an “enforcement notice”).
2
An enforcement notice must state the matters which appear to the transport security inspector to constitute a failure to comply with the requirement in question.
3
An enforcement notice must specify the steps which the transport security inspector requires to be taken, or the activity which the transport security inspector requires to be ceased in order to achieve compliance with the requirement in question within the time specified in the enforcement notice.
4
An enforcement notice may be framed so as to give the person on whom it is served a choice of different ways of complying with the requirements set out in the notice.
5
An enforcement notice must specify the date on which it is to take effect, and takes effect on that date.
6
An enforcement notice must specify the period by the end of which the steps specified in that notice must be taken or the activity specified in that notice must have ceased, and may specify different periods for different steps or activities.
7
Where different periods apply to different steps or activities, references in these Regulations to the period for compliance with an enforcement notice, in relation to any step or activity, are to the period by the end of which the step is required to have been taken or the activity is required to have ceased.
8
An enforcement notice requiring a person not to cause or permit anything to be done shall be construed as requiring that person to take all such steps as in any particular circumstances are practicable and necessary to prevent that thing from being done.
Objections to enforcement notices
27
1
A person on whom an enforcement notice is served, (“the objector”) may require the Secretary of State to consider an objection to that enforcement notice by serving on the Secretary of State a notice in writing within 7 days of the date on which the enforcement notice was served.
2
The only grounds of objection to an enforcement notice are —
a
that the steps required by the notice to be taken have been complied with;
b
that the matters stated in the enforcement notice in accordance with regulation 26(2) do not constitute a failure to comply with a requirement specified in regulation 26(1);
c
that any requirement of the notice —
i
is unnecessary for complying with the requirements specified in regulation 26(1) and should be dispensed with; or
ii
is excessively onerous or inconvenient and should be modified in a manner specified in the notice of objection.
3
A notice under paragraph (1) must be accompanied by a statement in writing —
a
specifying the grounds on which the objector is objecting to the enforcement notice; and
b
providing such further information as may be appropriate.
4
Where the objector serves a notice under paragraph (1), the Secretary of State must consider the grounds of the objection and, if so required by the objector, must afford to that objector an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and must then serve on the objector a notice in writing either —
a
confirming the enforcement notice as originally served; or
b
confirming the enforcement notice subject to one or more modifications specified in the notice under this paragraph; or
c
cancelling the enforcement notice.
5
An enforcement notice to which an objection has been made under paragraph (1) does not take effect until it has been confirmed, with or without modification, by a notice under paragraph (4).
6
An enforcement notice served on any person may be —
a
revoked by a notice, or
b
varied by a further enforcement notice,
served on that person by a transport security inspector.
Offences relating to enforcement notices
28
1
Any person who, without reasonable excuse, fails to comply with an enforcement notice served on that person is guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
2
Where a person is convicted of an offence under paragraph (1) and the failure in respect of which that person was convicted is continued without reasonable excuse after the conviction, that person is guilty of a further offence and liable on summary conviction to a fine not exceeding £100 for each day on which the failure continues.
Offences relating to transport security inspectors
29
1
Any person who —
a
intentionally obstructs a transport security inspector acting in the exercise of a power conferred upon that inspector by these Regulations, or
b
falsely pretends to be a transport security inspector,
commits an offence.
2
A person guilty of an offence under paragraph (1)(a) is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years.
3
A person guilty of an offence under paragraph (1)(b) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
Any person who —
a
without reasonable excuse, fails to comply with a requirement imposed on them under regulation 22(2)(d), or
b
in furnishing any information so required makes a statement which that person knows to be false in a material particular, or recklessly makes a statement which is false in a material particular,
commits an offence.
5
A person guilty of an offence under paragraph (4) is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years.
Offences in relation to prohibited articles
30
1
It is an offence for a person, without lawful authority or reasonable excuse, to have with them when attempting to enter or when in a controlled building or restricted area, any prohibited article.
2
A person guilty of an offence under this regulation is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years.
Offence of making a false statement in relation to baggage, cargo or stores
31
1
It is an offence for any person without lawful authority or reasonable excuse to make a statement which that person knows to be false in a material particular, or recklessly make a statement which is false in a material particular, in answer to a question which —
a
relates to any baggage, cargo or stores, whether or not belonging to that person, that is intended for carriage by sea —
i
by a United Kingdom ship; or
ii
by any other ship to or from the United Kingdom; and
b
is put to that person for purposes to which these Regulations apply by any of the persons listed in paragraph (2).
2
The persons referred to in paragraph (1)(b) are —
a
a constable,
b
an officer of the UK Border Agency, an executive agency of the Home Office,
c
a port security officer,
d
a port facility security officer,
e
a directed party,
f
a security manager,
or a person acting on behalf of a port security officer, port facility security officer, directed party or security manager.
3
A person guilty of an offence under this regulation is liable on summary conviction, to a fine not exceeding level 5 on the standard scale.
False statements in connection with identity documents
32
1
A person commits an offence if, without lawful authority or reasonable excuse —
a
for the purposes of, or in connection with, an application (whether or not made by that person), for the issue of an identity document to which this regulation applies, or
b
in connection with the continued holding (whether or not by that person), of any such document which has already been issued,
that person makes to any of the people specified in paragraph (3), a statement which that person knows to be false in a material particular, or recklessly makes a statement which is false in a material particular.
2
Paragraph (1) applies to any identity document which is to be or has been issued by any of the people listed in paragraph (3) in accordance with arrangements made in the port security plan for the control of access to a restricted area or controlled building.
3
The people referred to in paragraph (1) are —
a
a constable,
b
a port security officer,
c
a port facility security officer,
d
a security manager,
or a person acting on behalf of that port security officer, port facility security officer, or security manager.
4
A person guilty of an offence under this regulation is liable on summary conviction, to a fine not exceeding level 5 on the standard scale.
Interference with security measures
33
1
A person who intentionally interferes with security measures required by a port security plan commits an offence.
2
A person guilty of an offence under this regulation is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years.
Unauthorised presence in a controlled building
34
1
Subject to paragraph (2), a person who contravenes regulation 24(1) or (2) without lawful authority or reasonable excuse is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
A person who contravenes regulation 24(1) or (2) is not guilty of an offence unless it is proved that, at the material time, notices stating that the building concerned was a controlled building were posted so as to be reasonably seen and read by a person entering the controlled building.
Confidentiality of information
35
1
Subject to paragraph (2) a person must not disclose any information which has been obtained by, or furnished to, that person under or for the purposes of these Regulations unless the disclosure is made with lawful justification.
2
For the purposes of paragraph (1), a disclosure of information is made with lawful justification only if, and to the extent that —
a
the disclosure is made for the purposes of, and is necessary for, the performance of any function under these Regulations;
b
the disclosure is made with the consent of the person to whom, or to whose business, property or other assets, the information relates; or
c
the disclosure is made for the purposes of any proceedings, whether criminal or civil.
3
Information coming into the possession of a person must not be used by that person for any purpose other than the purposes of these Regulations.
4
A person that knowingly or recklessly discloses information in contravention of paragraph (1) or uses information in contravention of paragraph (3) is guilty of an offence and is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years.
Defence of due diligence
36
1
Subject to the following provisions of this regulation, in any proceedings against any person for an offence under these Regulations it is a defence for that person to show that they took all reasonable steps and exercised all due diligence to avoid committing the offence.
2
Where in any proceedings against any person for such an offence the defence provided in paragraph (1) involves an allegation that the commission of the offence was due to —
a
the act or default of another, or
b
reliance on information given by another,
that person shall not, without the leave of the court, be entitled to rely on the defence unless, within a period ending 7 clear days before the commencement of the hearing of the proceedings (or in Scotland, the trial diet), they have served a notice under paragraph (3) on the person bringing the proceedings.
3
A notice under this paragraph is one containing all such information identifying, or assisting in the identification of, the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.
4
A person shall not be entitled to rely on the defence provided in paragraph (1) by reason of their reliance on information supplied by another, unless they can show that it was reasonable in all the circumstances to have relied on the information, having regard in particular —
a
to the steps which they took, and those which might reasonably have been taken, for the purpose of verifying the information; and
b
to whether they had any reason to disbelieve the information.
Offences by bodies corporate
37
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
that person, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Designation of Secretary of State as focal point for port security
38
1
The Secretary of State is the focal point for port security for the purposes of Article 12 of the Port Security Directive.
2
In this regulation “the Port Security Directive” means Directive 2005/65/ EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security.
Signed by the Secretary of State
Andrew Adonis
Secretary of State for Transport
Department for Transport
21st July 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Borders, Citizenship and Immigration Act 2009 (Commencement No. 1) Order 2009.
2
In this Order “the 2009 Act ” means the Borders, Citizenship and Immigration Act 2009.
Commencement
2
The following provisions of the 2009 Act shall come into force on 2nd November 2009 —
a
section 55 (Duty regarding the welfare of children);
b
section 56 (Repeals) in so far as it relates to the Part of the Schedule to the 2009 Act mentioned in sub-paragraph (c); and
c
Part 4 (Miscellaneous) of the Schedule to the 2009 Act.
3
The following provisions of the 2009 Act shall come into force on 10th November 2009 —
a
section 51 (Fingerprinting of foreign criminals liable to automatic deportation); and
b
section 54 (Trafficking people for exploitation).
4
The following provisions of the 2009 Act shall come into force on 13th January 2010 —
a
section 42 (Children born in UK etc to members of the armed forces);
b
section 43 (Minors);
c
section 44 (British Nationals (Overseas) without other citizenship);
d
section 45 (Descent through the female line);
e
section 46 (Children born outside UK etc to members of the armed forces);
f
section 47 (Good character requirement);
g
section 48 (Meaning of references to being in breach of immigration laws);
h
section 49(1) (Other interpretation etc);
i
section 56 (Repeals) in so far as it relates to the Part of the Schedule to the 2009 Act in sub-paragraph (j); and
j
Part 2 (Citizenship) of the Schedule to the 2009 Act other than the repeals to Schedule 1 British Nationality Act 1981 .
Phil Woolas
Minister of State
Home Office
12th October 2009


text:
Citation, commencement and effect
1
1
This Order may be cited as the Insurance Premium Tax (Amendment of Schedule 6A to the Finance Act 1994) Order 2009 and shall come into force on 1st April 2009.
2
This Order has effect in relation to taxable insurance contracts made or coming into operation on or after 1st April 2009.
Exclusion of certain types of insurance from paragraph 2 of Schedule 6A to the Finance Act 1994
2
1
Paragraph 2 (insurance contracts relating to motor cars or motor cycles) of Schedule 6A to the Finance Act 1994 is amended as follows.
2
After sub-paragraph (2) insert —
2A
A premium does not fall within this paragraph if it is —
a
payable under a taxable insurance contract relating to a motor car or motor cycle which is supplied by way of sale, and
b
attributable to cover of the kind generally known as —
i
fully comprehensive,
ii
third party, fire and theft, or
iii
third party.
.
3
In sub-paragraph (6), after the definitions of “motor car” and “motor cycle” insert —
“sale”, in relation to a motor car or motor cycle, means —
a sale under which title to the motor car or motor cycle passes to the purchaser immediately on purchase, or
a sale pursuant to a hire purchase agreement (within the meaning of the Consumer Credit Act 1974 ) under which it is intended at the outset of the agreement that the title to the motor car or motor cycle is to pass to the purchaser, whether on conclusion of the agreement or at the end of a period specified in the agreement.
.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
10th February 2009


text:
Citation and commencement
1
These Regulations may be cited as the Health and Social Care (Financial Assistance) Regulations 2009 and shall come into force on 14th April 2009.
Interpretation
2
In these Regulations —
“the 2008 Act ” means the Health and Social Care Act 2008;
“charity” has the meaning given in section 1 of the Charities Act 2006 ;
“community interest company” means a company as referred to in section 26 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 ;
“constitution” means —
in the case of a company, the company’s memorandum and articles of association, and
in the case of any other body, a written instrument which sets out the purpose, objectives, proposed activities and provisions for the governance of the body, including any provisions relating to the membership of the body and the distribution of profits and assets;
“distributable profits” means —
in relation to a company, the company’s profits available for distribution, within the meaning of section 830 of the Companies Act 2006 ,
in relation to any other body, its accumulated, realised profits, so far as not previously utilised by distribution, less its accumulated, realised losses, so far as not previously written off;
“financial year” means the 12 month period that a body uses for accounting purposes;
“governmental authority” includes —
any national, regional or local government in the United Kingdom or elsewhere, including any organ or agency of any such government,
the European Community, or any of its institutions or agencies, and
any organisation which is able to make rules or adopt decisions which are legally binding on any governmental authority falling within paragraph (a) or (b);
“political party” includes any person standing, or proposing to stand, as a candidate at any election, and any person holding public office following election to that office;
“political campaigning organisation” means any person carrying on, or proposing to carry on activities —
to promote, or oppose, changes in any law applicable in the United Kingdom or elsewhere, or any policy of a governmental or public authority (unless such activities are incidental to other activities carried on by that person), or
which could reasonably be regarded as intended to affect public support for a political party, or to influence voters in relation to any election or referendum (unless such activities are incidental to other activities carried on by that person);
“public authority” includes —
a court or tribunal, and
any person certain of whose functions are functions of a public nature;
“realised losses” and “realised profits” means the losses or profits of the business carried on by the body as fall to be treated as realised in accordance with generally accepted accounting practice;
“referendum” includes any national or regional referendum or other poll held in pursuance of any provisions made by or under the law of any state on one or more questions or propositions specified in or in accordance with any such provision;
“remuneration committee” means a body of persons to which a company or other body has delegated the function of setting remuneration policies;
“remuneration policies” means policies as to the remuneration of directors or other senior managers of a company or other body;
“residual assets” means, in relation to the dissolution or winding up of a body, the assets of the body which remain after satisfaction of the body’s liabilities.
Political activities not to be treated as being carried out for the benefit of the community
3
1
For the purposes of section 150(1)(a) and (2)(b) of the 2008 Act, the following activities are to be treated as not being activities which a reasonable person might consider are activities carried on for the benefit of the community in England —
a
the promotion of, or opposition to, changes in —
i
any law applicable in the United Kingdom or elsewhere, or
ii
the policy adopted by any governmental or public authority in relation to any matter;
b
the promotion of, or opposition (including the promotion of changes) to, the policy which any governmental or public authority proposes to adopt in relation to any matter; and
c
activities which can reasonably be regarded as intended or likely to —
i
provide or affect support (whether financial or otherwise) for a political party or political campaigning organisation, or
ii
influence voters in relation to any election or referendum.
2
But activities of the descriptions prescribed in paragraph (1) are to be treated as being activities which a reasonable person might consider are activities carried on for the benefit of the community in England if —
a
they can reasonably be regarded as incidental to other activities, which a reasonable person might consider are being carried on for the benefit of the community; and
b
those other activities cannot reasonably be regarded as incidental to the activities prescribed in paragraph (1).
Section of the community
4
For the purposes of section 150(1)(a) and (3) of the 2008 Act, any group of individuals may constitute a section of the community if —
a
they share a readily identifiable characteristic; and
b
other members of the community of which that group forms part do not share that characteristic.
Condition concerning distribution of profits
5
1
For the purposes of section 150(1)(b) of the 2008 Act, the prescribed condition is that the constitution of the body must state, or contain provisions which ensure, that not less than 50 per cent of its distributable profits in each financial year will be used or applied for the purpose of the activities of that body.
2
The condition prescribed in paragraph (1) does not apply to the following bodies —
a
a company limited by guarantee and registered as a charity in England and Wales;
b
a community interest company registered as a company limited by guarantee; and
c
a charitable incorporated organisation (within the meaning of section 69A of the Charities Act 1993 ).
Other conditions to be satisfied by qualifying bodies
6
1
Subject to paragraph (2), a body is a qualifying body only if it satisfies the conditions specified in regulations 7 to 9.
2
The conditions specified in regulations 7 and 8 do not apply to the bodies referred to in regulation 5(2).
Condition concerning community benefit
7
The condition specified in this regulation is that the constitution of the body must contain a statement or condition that the body is carrying on its activities for the benefit of the community in England.
Conditions concerning distribution of assets on winding up
8
1
The condition specified in this regulation is that the constitution of the body must, where appropriate, contain provisions relating to the distribution of assets which take effect when that body is dissolved or wound up, as specified in paragraph (2).
2
The provisions referred to in paragraph (1) are ones which —
a
require that the residual assets of the body be distributed to those members of the body (if any) who are entitled to share in any distribution of assets on the dissolution or winding up of that body according to those members’ rights and interests in that body;
b
in the case of a company not limited by guarantee and registered as a charity in England and Wales, provide that no member shall receive an amount which exceeds the paid up value of the shares which the member holds in the company; and
c
designate another qualifying body (for the purposes of sections 149 to section 156 of the 2008 Act) to which any remaining residual assets of the body will be distributed after any distribution to members of the body.
Condition relating to unincorporated bodies
9
The condition specified in this regulation is that if the body is an unincorporated body it must have a constitution.
Signed by authority of the Secretary of State for Health.
Phil Hope
Minister of State,
Department of Health
11th March 2009


text:
Citation and commencement
1
These Regulations may be cited as the Asylum Support (Amendment) (No. 2) Regulations 2009 and shall come into force on the 6th July 2009.
Kind and levels of support for essential living needs
2
1
The Asylum Support Regulations 2000 are amended as follows.
2
For the table at regulation 10(2) of the Asylum Support Regulations 2000 substitute -
Table
Qualifying couple £69.57 Lone parent aged 18 or over £42.16 Single person aged 25 or over, excluding lone parent (where the decision to grant support is made prior to the 5 th October 2009 and the person has or will have reached age 25 prior to that date) £42.16 Any other single person aged 18 or over, excluding lone parent £35.13 Person aged at least 16 but under 18 (except a member of a qualifying couple) £38.18 Person aged under 16 £50.81
.
3
After paragraph (3), insert –
3A
For the purposes of the table at regulation 10(2), a decision to grant support is made on the date recorded on the letter granting asylum support to the applicant.
.
Revocation of the Asylum Support (Amendment) Regulations 2008
3
The Asylum Support (Amendment) Regulations 2008 are revoked.
Phil Woolas
Minister of State
Home Office
8th June 2009


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Pharmaceutical Services and Local Pharmaceutical Services) Amendment Regulations 2009 and come into force on 14th April 2009.
2
These Regulations apply to England.
3
In these Regulations, “the LPS Regulations ” means the National Health Service (Local Pharmaceutical Services etc. ) Regulations 2006 .
Amendment of the National Health Service (Pharmaceutical Services) Regulations 2005
2
In the National Health Service (Pharmaceutical Services) Regulations 2005 —
a
in regulation 25(2)(e) (deferral of consideration of certain applications), for “30 days” substitute “120 days”; and
b
in regulation 67(5)(d) (premises approval – transitional provisions), for “all Patients’ Forums” substitute “any relevant local involvement network”.
Amendment of regulation 2 of the LPS Regulations
3
In regulation 2 of the LPS Regulations (interpretation), in paragraph (1) at the appropriate place insert —
“local involvement network” means a person who in pursuance of arrangements under section 221(1) of the Local Government and Public Involvement in Health Act 2007 (health services and social services: local involvement networks) is to carry on the activities specified in section 221(2) of that Act;
; and
“relevant local authority ”, in relation to a Primary Care Trust, means a local authority whose area falls, wholly or partly, within the area of that Primary Care Trust;
.
Amendment of regulation 4 of the LPS Regulations
4
1
Regulation 4 of the LPS Regulations (designation of priority neighbourhoods or premises) is amended as follows.
2
After paragraph (2), insert the following paragraph —
2A
Paragraph (2) does not apply to the following types of Part 2 applications —
a
an application for a change of ownership;
b
an application from a nominated person for temporary inclusion to provide services in place of a pharmacist who has been suspended;
c
an application to exercise a right of return after ceasing to provide local pharmaceutical services;
d
an application where preliminary consent has already been granted and any conditions imposed by the Primary Care Trust are satisfied; and
e
an application for inclusion in the pharmaceutical list received more than 120 days prior to the date of designation.
.
3
In paragraph (5), for sub-paragraphs (a) to (e) substitute the following sub-paragraphs —
a
the Local Pharmaceutical Committee formed for the area of that Primary Care Trust and the Local Pharmaceutical Committee of any neighbouring Primary Care Trust that is likely to be affected by the designation;
b
any Local Medical Committee formed for the area of that Primary Care Trust and any Local Medical Committee of any neighbouring Primary Care Trust that is likely to be affected by the designation;
c
any person whose name is included in the pharmaceutical list of that Primary Care Trust and any person whose name is included in the pharmaceutical list of any neighbouring Primary Care Trust that is likely to be affected by the designation;
d
any person who provides local pharmaceutical services under arrangements with the Primary Care Trust within its locality;
e
any person whose name is included in the dispensing doctor list of that Primary Care Trust and any person whose name is included in the dispensing doctor list of any neighbouring Primary Care Trust who is likely to be affected by the designation;
f
any local involvement network of a relevant local authority, as the Primary Care Trust considers appropriate; and
g
any other Primary Care Trust likely to be affected by the designation.
.
Amendment of regulation 14 of the LPS Regulations
5
After regulation 14 of the LPS Regulations (LPS schemes: general), insert the following regulation —
Notification of proposals selected for development
14A
Within 10 days of making a decision to select a proposal for an LPS scheme for development, a Primary Care Trust must give notice of its decision and provide such details of the LPS scheme selected as it considers appropriate to —
a
the Local Pharmaceutical Committee formed for the area of that Primary Care Trust and the Local Pharmaceutical Committee of any neighbouring Primary Care Trust that is likely to be affected by the proposal;
b
any Local Medical Committee formed for the area of that Primary Care Trust and any Local Medical Committee of any neighbouring Primary Care Trust that is likely to be affected by the proposal;
c
any person whose name is included in the pharmaceutical list of that Primary Care Trust and any person whose name is included in the pharmaceutical list of any neighbouring Primary Care Trust that is likely to be affected by the proposal;
d
any person who provides local pharmaceutical services under arrangements with the Primary Care Trust in its locality;
e
any person whose name is included in the dispensing doctor list of that Primary Care Trust and any person whose name is included in the dispensing doctor list of any neighbouring Primary Care Trust likely to be affected by the proposal;
f
any local involvement network of a relevant local authority, as the Primary Care Trust considers appropriate; and
g
any other Primary Care Trust that is likely to be affected by the proposal.
.
Amendment of regulation 15 of the LPS regulations
6
In regulation 15 of the LPS regulations (right of return to pharmaceutical lists), in paragraph (5) after sub-paragraph (e) insert —
ea
any local involvement network of a relevant local authority,
.
Signed by authority of the Secretary of State for Health.
Phil Hope
Minister of State,
Department of Health
9th March 2009


text:
PART 1 Introductory
Citation, commencement and interpretation
1
1
This Order may be cited as the General Dental Council (Constitution) Order 2009 and —
a
apart from article 5(h), comes into force on 1st October 2009;
b
article 5(h) comes into force on the coming into force of section 44(1) of the Safeguarding Vulnerable Groups Act 2006 (registers: power to apply for vetting information).
2
In this Order —
“chair” means the chair of the Council;
“final outcome”, in relation to any proceedings where there are rights of appeal, means the outcome of the proceedings —
once the period for bringing an appeal has expired without an appeal being brought; or
if an appeal is brought in accordance with those rights, once those rights have been exhausted;
“licensing body” means any body, other than the Council, anywhere in the world that licenses or regulates any profession;
“member”, unless the context otherwise requires, means a registrant member or a lay member and includes the chair; and
“spent conviction” means —
in relation to a conviction by a court in Great Britain, a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974 ; or
in relation to a conviction by a court in Northern Ireland, a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders (Northern Ireland) Order 1978 .
PART 2 Membership of the Council
Composition of the Council
2
The Council shall consist of 12 registrant members and 12 lay members.
Terms of office of members
3
1
The duration of the term of office of each member of the Council is to be determined by the Privy Council, on appointment.
2
No member of the Council may hold office as a member of the Council for more than an aggregate of 8 years during any period of 20 years.
3
For the purposes of the computation of years under paragraph (2), service as a member of the Council before 1st October 2005 is to be discounted.
Education and training of members
4
The Council shall make provision in standing orders with respect to the requirements with regard to education and training of members of the Council.
Disqualification from appointment as a member
5
A person is disqualified from appointment as a member of the Council if that person —
a
has at any time been convicted of an offence involving dishonesty or deception in the United Kingdom and the conviction is not a spent conviction;
b
has at any time been convicted of an offence in the United Kingdom, and —
i
the final outcome of the proceedings was a sentence of imprisonment or detention, and
ii
the conviction is not a spent conviction;
c
has at any time been removed —
i
from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners, the Charity Commission, the Charity Commission for Northern Ireland or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity —
aa
for which the person was responsible or to which the person was privy, or
bb
which the person by their conduct contributed to or facilitated, or
ii
under —
aa
section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities), or
bb
section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005 (powers of the Court of Session),
from being concerned with the management or control of any body;
d
has at any time been removed from office as the chair, or as a member, convenor or director, of any public body on the grounds, in terms, that it was not in the interests of, or conducive to the good management of, that body that the person should continue to hold that office;
e
at any time has been adjudged bankrupt or sequestration of the person’s estate has been awarded, and —
i
the person has not been discharged, or
ii
the person is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 or Schedule 2A of the Insolvency (Northern Ireland) Order 1989 (which relate to bankruptcy restrictions orders and undertakings);
f
has at any time made a composition or arrangement with, or granted a trust deed for, the person’s creditors and the person has not been discharged in respect of it;
g
is subject to —
i
a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 ,
ii
a disqualification order under Part 2 of the Companies (Northern Ireland) Order 1989 (company directors disqualification),
iii
a disqualification order or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002 , or
iv
an order made under section 429(2) of the Insolvency Act 1986 (disabilities on revocation of a county court administration order);
h
has been included by —
i
the Independent Barring Board in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ), or
ii
the Scottish Ministers in the children’s list or the adults’ list (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007 );
i
has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by any licensing body, the final outcome of which was —
i
the person’s suspension from a register held by the licensing body, and that suspension has not been terminated,
ii
the erasure of the person’s name from a register held by the licensing body or a decision that had the effect of preventing the person from practising the profession licensed or regulated by the licensing body, or
iii
a decision that had the effect of only allowing the person to practise that profession subject to conditions, and those conditions have not been lifted;
j
has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by the Council, in the course of which or where the final outcome was that —
i
the person’s registration in the register was suspended (including by an interim suspension order or an order for immediate suspension) and that suspension has not been terminated,
ii
the person’s name was erased from the register (for a reason connected to the person’s fitness to practise), or
iii
the person’s registration in the register was made conditional upon their compliance with any requirement (including by an order for interim conditional registration or an order for immediate conditional registration) and that requirement has not been lifted;
k
has at any time been subject to any investigation or proceedings relating to an allegation that the person’s entry in the register was fraudulently procured, the final outcome of which was the erasure of the person’s name from the register;
l
is or has been subject to any investigation or proceedings concerning the person’s fitness to practise by —
i
any licensing body, or
ii
the Council,
and the Privy Council is satisfied that the person’s membership of the Council would be liable to undermine public confidence in the regulation of registered dentists and dental care professionals; or
m
has at any time been convicted of an offence elsewhere than in the United Kingdom and the Privy Council is satisfied that the person’s membership of the Council would be liable to undermine public confidence in the regulation of registered dentists and dental care professionals.
Removal of members from office
6
1
A member shall be removed from office by the Privy Council, if —
a
the member resigns, which a member may do at any time by a notice in writing to the Privy Council;
b
in the case of —
i
a registrant member, that member’s registration is voluntarily terminated or otherwise lapses; or
ii
a lay member, that member becomes a person who no longer satisfies the criteria for being a lay member in paragraph 1A(1)(b) of Schedule 1 to the Dentists Act 1984 (membership: general);
c
the member becomes a person of the type mentioned in article 5(a), (b) or (e) to (h) (irrespective of whether or not they subsequently cease to be a person of the type mentioned in those provisions);
d
the member becomes a person of the type mentioned in article 5(c) or (d);
e
in the case of a registrant member, the member has become the subject of any investigation or proceedings concerning the member’s fitness to practise by the Council, as a result of which —
i
the member’s registration in the register is suspended,
ii
the member’ name is erased from the register, or
iii
the member’s registration in the register is made conditional upon the member’s compliance with any requirement,
and the proceedings relating to that particular sanction have reached their final outcome;
f
in the case of a registrant member, the member has become the subject of any investigation or proceedings relating to an allegation that the person’s entry in the register was fraudulently procured or incorrectly made, the final outcome of which is the erasure of the person’s name from the register;
g
the Privy Council is satisfied that the member’s level of attendance at meetings of the Council falls below a minimum level of attendance acceptable to the Privy Council, having regard to —
i
any recommended minimum levels of attendance that the Council have set in their standing orders, and
ii
whether or not there were reasonable causes for the member’s absences;
h
the Privy Council is satisfied that the member has failed, without reasonable cause, to undertake satisfactorily the requirements with regard to education and training for members that apply to that member and which the Council have included in their standing orders;
i
the Privy Council is satisfied that the member is no longer able to perform their duties as a member of the Council because of adverse physical or mental health;
j
the Privy Council is satisfied that the member’s continued membership of the Council would be liable to undermine public confidence in the regulation of registered dentists and dental care professionals.
2
A member who becomes, or may be about to become, a person to whom paragraph (1)(b) to (f) applies must notify the Privy Council and the Council in writing of that fact as soon as the member becomes aware of it.
3
Any member or employee of the Council may notify the Privy Council if they are of the view that the Privy Council may need to exercise its functions under paragraph (1).
4
The chair shall notify the Privy Council if the chair is aware that —
a
a member has become, or may be about to become, a person to whom paragraph (1)(b) to (f) applies; and
b
that member has not notified the Privy Council in writing of that fact and the chair is not satisfied that the member will do so immediately.
Suspension of members from office
7
1
The Privy Council may suspend a member from office by a notice in writing served on the member —
a
if the Privy Council has reasonable grounds for suspecting that the member has become a person to whom article 6(1)(b)(ii) to (d) applies, for the purposes of determining whether or not the member has become such a person;
b
while the Privy Council is considering whether or not it is satisfied as to the matters set out in article 6(1)(g) to (j);
c
if the member is subject to any investigation or proceedings concerning the member’s fitness to practise by —
i
any licensing body, or
ii
the Council,
and the Privy Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the Council while the investigation or proceedings concerning the member’s fitness to practise is or are ongoing;
d
if the member is subject to any investigation or proceedings concerning whether the member’s entry in the register was fraudulently procured or incorrectly made and the Privy Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the Council while the investigation or proceedings concerning the member’s entry in the register is or are ongoing; or
e
if the member is subject to any investigation or proceedings in the United Kingdom relating to a criminal offence, or elsewhere than in the United Kingdom relating to an offence which, if committed in any part of the United Kingdom, would constitute a criminal offence, and —
i
either —
aa
the investigation or proceedings relate to an offence involving dishonesty or deception, or
bb
the final outcome of the investigation or proceedings may be that the person is sentenced to a term of imprisonment (whether suspended or not), and
ii
the Privy Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the Council while the investigation or proceedings is or are ongoing.
2
The Privy Council shall suspend a registrant member from office by a notice in writing served on the member if the member is the subject of an interim order.
3
The notice in writing under paragraph (1) or (2) shall set out the reasons for the suspension and the duration of the period of suspension, which shall (in the first instance) not be for more than 6 months.
4
The Privy Council may stay its consideration under paragraph (1) of whether or not to suspend a member while the Council considers whether or not to suspend the member provisionally under standing orders of the Council.
5
If a member has been suspended provisionally under standing orders of the Council —
a
the Council shall notify the Privy Council in writing of the provisional suspension as soon as is reasonably practicable; and
b
the Privy Council shall consider the matter with a view to determining whether or not to suspend the member under paragraph (1) or to remove the member under article 6(1).
6
If after considering the matter under paragraph (5)(b), the Privy Council decides not to suspend the member, and not to remove the member from office, the Council must terminate their provisional suspension of the member under their standing orders.
7
The Privy Council —
a
may at any time review a suspension of a member by it; and
b
shall review any suspension of a member by it after 3 months from the start of the period of suspension, if requested to do so by the suspended member.
8
Following a review, the Privy Council may —
a
terminate the suspension;
b
if that review is within 3 months of the end of a period of suspension, extend the suspension for a further period of up to 6 months from the date on which the suspension would otherwise come to an end.
9
The Privy Council shall notify the suspended member in writing of the outcome of any review and that notice shall include the reasons for any decision taken.
PART 3 Chair of the Council
Appointment, term of office and cessation of office of the chair
8
1
The Council shall appoint as their chair the member they elect from among their number to be chair.
2
The term of office of a chair is to be determined by the Council on appointment, but it shall be for a period that is no longer than the period between the chair’s date of appointment as chair and the date on which the chair’s term of office as a member is due to expire (irrespective of whether or not they are thereafter reappointed as a member).
3
A member serving as chair shall cease to be chair —
a
on ceasing to be a member;
b
if the member resigns as chair, which the member may do at any time by a notice in writing to the Council;
c
if the member’s membership of the Council suspended by the Privy Council; or
d
if a majority of the Council, excluding the chair (but not simply a majority at a quorate meeting), votes to terminate the member’s appointment as chair.
Transitional arrangements
9
1
Notwithstanding article 2, if paragraph (3) applies, the Council shall consist of 13 registrant and 12 lay members until the end of 31st December 2009.
2
Notwithstanding article 8(1) and (2), if paragraph (3) applies, the person who was president of the Council on 30th September 2009 shall be appointed by the Privy Council to serve as the chair of the Council as constituted on 1st October 2009 until the end of 31st December 2009.
3
This paragraph applies if the person who was president of the Council on 30th September 2009 —
a
is a registered dentist or registered dental care professional; and
b
is reappointed to serve as a member of the Council from 1st October 2009 until the end of 31st December 2009.
Deputising arrangements in respect of the chair
10
1
Subject to paragraph (2), if, for any reason, the chair is absent from a meeting of the Council, the members who are present at that meeting shall nominate one of their number to serve as chair at that meeting.
2
If, for any reason —
a
the Council is on notice that their chair is likely —
i
to be absent for more than one meeting of the Council, or
ii
to be unavailable to perform the duties of a chair for more than one month; or
b
the office of chair is vacant,
the Council may nominate a member (“deputy chair”) to serve as chair during the absence or unavailability of the chair or the vacancy.
3
A member serving as deputy chair shall cease to be deputy chair —
a
in the case of —
i
the absence or unavailability of the chair, on the date which the chair notifies the General Council in writing is the date on which they are able to resume their duties, or
ii
the office of chair being vacant, once the vacancy is filled;
b
if the member ceases to be a member;
c
if the member resigns as deputy chair, which the member may do at any time by a notice in writing to the Council;
d
if the member’s membership of the Council is provisionally suspended by the Council or suspended by the Privy Council; or
e
if the Council votes (by a majority at a quorate meeting) to terminate the member’s appointment as deputy chair.
PART 4 Proceedings of the Council
Quorum of the Council
11
The quorum of the Council shall be 13.
Effect of vacancies etc. on the validity of proceedings
12
1
The validity of any proceedings of the Council shall not be affected by —
a
any vacancy among the members of the Council;
b
any defect in the appointment of a member of the Council;
c
a member whom the Privy Council must remove from the Council under article 6(1)(b) to (f) participating in the proceedings;
d
a member whom the Privy Council has removed under article 6(1) having participated in the proceedings; or
e
a member who has been provisionally suspended by the Council under its standing orders or suspended by the Privy Council under article 7(1) or (2) having participated in the proceedings.
2
Notwithstanding paragraph (1)(c), a member whom the Privy Council must remove from the Council under article 6(1)(b) to (f) is not entitled to participate in proceedings of the Council, pending the member’s removal from the Council by the Privy Council.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Land Registration (Proper Office) (No. 2) Order 2009 and shall come into force on 11 January 2010.
Applications to which this Order applies
2
1
This Order applies to any application to the registrar except an application delivered to the registrar —
a
in accordance with a written arrangement as to delivery made between the registrar and the applicant or between the registrar and the applicant’s conveyancer, or
b
under the provisions of any relevant notice given under Schedule 2 to the Land Registration Rules 2003 .
2
In this article “conveyancer” means —
a
a solicitor,
b
a licensed conveyancer within the meaning of section 11(2) of the Administration of Justice Act 1985 ,
c
a fellow of the Institute of Legal Executives,
d
a barrister,
e
a duly certificated notary public, or
f
a registered European lawyer within the meaning of the European Communities (Lawyer’s Practice) Regulations 2000 who by virtue of regulations 6 and 12 of those Regulations is entitled to prepare for remuneration an instrument creating or transferring an interest in land in England and Wales.
Designation of the proper office
3
1
The proper office for the receipt of an application to which this Order applies is any office of the land registry specified in column 1 of the Schedule which is opposite an administrative area shown in column 2 of the Schedule in which the land to which that application relates is wholly or partly situated.
2
In the Schedule, reference to an office of the land registry does not include any sub-office of that office.
Revocation
4
The Land Registration (Proper Office) Order 2009 is revoked.
Signed by authority of the Lord Chancellor
Michael Wills
Minister of State
Ministry of Justice
8th October 2009