text:
Citation
1
This Order may be cited as the Rookery South (Resource Recovery Facility) Order 2011.
Interpretation
2
1
In this Order —
“the 1961 Act ” means the Land Compensation Act 1961 ;
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the 1980 Act ” means the Highways Act 1980 ;
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“the 1991 Act ” means the New Roads and Street Works Act 1991 ;
“the 2008 Act” means the Planning Act 2008;
“the authorised development” means the development and associated development described in Part 1 of Schedule 1 and any other development authorised by this Order, which is development within the meaning of section 32 of the 2008 Act;
“the book of reference” means the book of reference certified by the decision-maker as the book of reference for the purposes of this Order;
“building” includes any structure or erection or any part of a building, structure or erection;
“carriageway” has the same meaning as in the 1980 Act;
“the code of construction practice” means the code of construction practice certified by the decision-maker as the code of practice for the purposes of this Order;
“commence” means begin to carry out any material operation (as defined in section 56(4) of the 1990 Act) forming part of the authorised development other than operations consisting of site clearance, demolition work, archaeological investigations, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, diversion and laying of services, erection of any temporary means of enclosure, or the temporary display of site notices or advertisements and “commencement” is to be construed accordingly;
“compulsory acquisition notice” means a notice served in accordance with section 134 of the 2008 Act;
“the decision-maker” has the same meaning as in section 103 of the 2008 Act;
“the design and access statement” means the design and access statement certified by the decision-maker as the design and access statement for the purposes of this Order;
“highway” and “highway authority” have the same meaning as in the 1980 Act;
“the land plans” means the plans certified as the land plans by the decision-maker for the purposes of this Order;
“limits of deviation” means the limits of deviation for the scheduled works comprised in the authorised development shown on the works plans;
“local highway authority” has the same meaning as in section 329(1) of the 1990 Act;
“maintain” includes maintain, inspect, repair, adjust, alter, remove, clear, refurbish, reconstruct, decommission, demolish, replace and improve and “maintenance” is to be construed accordingly;
“the Order land” means the land shown on the land plans which is within the Order limits and described in the book of reference;
“the Order limits” means the limits shown on the Order limits plan and works plans within which the authorised development may be carried out;
“the Order limits plan” means the plan certified as the Order limits plan by the decision-maker for the purposes of this Order;
“owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981 ;
“the relevant planning authority” means Central Bedfordshire Council in relation to land in its area and Bedford Borough Council in relation to land in its area, and “the relevant planning authorities” means both of them;
“requirement” means a requirement set out in Part 2 of Schedule 1;
“the rights of way plan” means the plan certified as the rights of way plan by the decision-maker for the purposes of this Order;
“the scheduled works” means the works specified in Part 1 of Schedule 1, or any part of them as the same may be varied pursuant to article 3;
“the sections” means the sections certified as the sections by the decision-maker for the purposes of this Order;
“statutory undertaker” means any person falling within section 127(8), 128(5) or 129(2) of the 2008 Act;
“street” means a street within the meaning of section 48 of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;
“the tribunal” means the Lands Chamber of the Upper Tribunal;
“the undertaker” means, in relation to any provision of this Order, Covanta Rookery South Limited and any other person who has the benefit of that provision in accordance with article 7 or section 156 of the 2008 Act;
“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain and also includes the water body or water bodies contained in Rookery North Pit, Stewartby; and
“the works plans” means the plans certified as the works plans by the decision-maker for the purposes of this Order.
2
References in this Order to a numbered Work are references to the Work so numbered in Part 1 of Schedule 1.
3
References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the air-space above its surface.
4
All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are to be taken to be measured along that work.
Development consent etc. granted by the Order
3
1
Subject to the provisions of this Order and to the requirements the undertaker is granted development consent for the authorised development to be carried out within the Order limits.
2
The authorised development may be constructed in the lines or situations shown on the works plans and, subject to the provisions of the requirements, in accordance with the drawings specified in the requirements.
3
The works comprised in the authorised development may be constructed within the limits of deviation.
4
In constructing or maintaining the scheduled works, the undertaker may —
a
deviate laterally from the lines or situations shown on the works plans within the limits of deviation; and
b
deviate vertically from the levels shown for those works on the sections to any such extent downwards as may be necessary, convenient or expedient provided that the stack shall not be lower in height than 135.25 metres above ordnance datum.
5
Nothing in this Order or the Town and Country Planning (General Permitted Development) (England and Wales) Order 1995 in its application to the authorised development permits─
a
development contrary to any condition imposed by any planning permission granted or deemed to be granted under Part III of the 1990 Act or any requirement otherwise than where expressly authorised by either Order;
b
any part of Work No. 1 (other than the stack comprised in that work) to exceed the height of the building shown on the plans listed in requirement 6.
Procedure in relation to approvals etc. under requirements
4
1
Where an application is made to the relevant planning authorities or either of them for any consent, agreement or approval required by a requirement, the following provisions apply, so far as they relate to a consent, agreement or approval of a local planning authority required by a condition imposed on a grant of planning permission, as if the requirement was a condition imposed on the grant of planning permission —
a
sections 78 and 79 of the 1990 Act (right of appeal in relation to planning decisions);
b
any orders, rules or regulations which make provision in relation to a consent, agreement or approval of a local planning authority required by a condition imposed on the grant of planning permission.
2
For the purposes of paragraph (1), a provision relates to a consent, agreement or approval of a local planning authority required by a condition imposed on a grant of planning permission in so far as it makes provision in relation to an application for such a consent, agreement or approval, or the grant or refusal of such an application, or a failure to give notice of a decision on such an application.
3
For the purposes of the application of section 262 of the 1990 Act (meaning of “statutory undertaker”) to appeals pursuant this article, the undertaker is deemed to be a holder of a licence under section 6 of the Electricity Act 1989 .
Maintenance of authorised development
5
1
Subject to the other terms of this Order, including the requirements, the undertaker may maintain the authorised development, except to the extent that an agreement made under this Order provides otherwise.
2
Subject to paragraph (3) and the requirements, the power to maintain the authorised development includes the power to carry out and maintain such of the following as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction or operation of the authorised development, namely —
a
works to alter the position of apparatus below ground level, including mains, sewers, drains and cables including below ground structures associated with that apparatus within the Order limits;
b
works of decommissioning and demolition.
3
This article only authorises the carrying out of maintenance of works within the Order limits.
Operation of generating station
6
1
The undertaker is authorised to operate the generating station comprised in the authorised development.
2
This article does not relieve the undertaker of any requirement to obtain any permit or licence or any other obligation under any other legislation that may be required to authorise the operation of a generating station.
Benefit of the Order
7
1
Except as provided for by this article, section 156(1) of the 2008 Act applies to the grant of development consent by this Order.
2
The undertaker may —
a
transfer to another person (the “transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed in writing between the undertaker and the transferee; or
b
grant to another person (the “lessee”) for a period agreed in writing between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.
3
Where an agreement has been made in accordance with paragraph (2) references in this Order to the undertaker, except in paragraph (4), include references to the transferee or lessee.
4
The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (2) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.
5
The consent of the Secretary of State, being the Secretary of State who would be responsible for determining an application for development consent with the subject matter of this Order, is required for the exercise of the powers of paragraph (2) except where —
a
the transferee or lessee is —
i
a statutory undertaker;
ii
a principal council, a joint authority or a joint waste authority in England as defined in the Local Government Act 1972 ;
iii
an authority designated under the Waste Regulation and Disposal (Authorities) Order 1985 ; or
iv
a person having security over any part of the undertaking of the undertaker in respect of Work No. 1 in relation to contractual arrangements relating to a contract between the undertaker and a person referred to in sub-paragraphs (i) to (iii);
b
the time limits for claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and —
i
no such claims have been made;
ii
any such claim has been made and has been compromised or withdrawn;
iii
compensation has been paid in final settlement of any such claim;
iv
payment of compensation into court in lieu of settlement of any such claim has taken place; or
v
it has been determined by a tribunal or court of competent jurisdiction in respect of any such claim that no compensation shall be payable; or
c
the transfer or lease relates to any part of the authorised development except Work No. 1.
6
The provisions of articles 9 to 12, 14 to 25 and 30 have effect only for the benefit of Covanta Rookery South Limited and a person who is a transferee or lessee as referred to in paragraph (2) and is also —
a
the transferee or lessee of the land occupied by Work No. 1;
b
in respect of Works No. 6A to 6H, a person who holds a licence under section 6(1) of the Electricity Act 1989, or who is not required to hold such a licence by virtue of an exemption order under section 5 of that Act;
c
in respect of articles 15 and 18, the transferee or lessee of the land occupied by Work No. 2; or
d
in respect of functions under article 10 relating to a street, a street authority.
7
Where a person who is the transferee or lessee as referred to in paragraph (2) —
a
is liable to pay compensation by virtue of any provision of this Order; and
b
fails to discharge that liability,
the liability is enforceable against the undertaker in respect of Work No. 1.
Guarantees in respect of payment of compensation
8
1
The authorised development must not be commenced and the undertaker must not begin to exercise the powers of articles 17 to 27 of this Order unless either a guarantee in respect of the liabilities of the undertaker to pay compensation under this Order or an alternative form of security for that purpose is in place which has been approved by the relevant planning authorities.
2
A guarantee given in respect of any liability of the undertaker to pay compensation under this Order is to be treated as enforceable against the guarantor by any person to whom such compensation is payable.
Defence to proceedings in respect of statutory nuisance
9
1
Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or nuisance) no order may be made, and no fine may be imposed, under section 82(2) of that Act if —
a
the defendant shows that the nuisance —
i
relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) or 65 (noise exceeding registered level), of the Control of Pollution Act 1974 ; or
ii
is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or
b
the defendant shows that the nuisance —
i
relates to premises used by the undertaker for the purposes of or in connection with the use of the authorised development and that the nuisance is attributable to the use of the authorised development which is being used in accordance with a scheme of monitoring and attenuation of noise agreed with the Central Bedfordshire Council as described in requirement 19; or
ii
is a consequence of the use of the authorised development and that it cannot reasonably be avoided.
2
Section 61(9) of the Control of Pollution Act 1974 (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) and section 65(8) of that Act (corresponding provision in relation to consent for registered noise level to be exceeded) do not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.
Street works
10
1
The undertaker may, for the purposes of the authorised development, enter on so much of any of the streets specified in Schedule 2 as is within the Order limits and may —
a
break up or open the street, or any sewer, drain or tunnel under it;
b
tunnel or bore under the street;
c
place apparatus in the street;
d
maintain apparatus in the street or change is position; and
e
execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b), (c) and (d).
2
The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act.
3
The provisions of sections 54 to 106 of the 1991 Act apply to any street works carried out under paragraph (1).
4
In this article “apparatus” has the same meaning as in Part 3 of the 1991 Act.
Public rights of way
11
1
With effect from the date upon which authorised development is first commenced the section of each public right of way specified in columns (1) and (2) of Part 1 of Schedule 3 and shown on the rights of way plan is extinguished to the extent specified in column (3) of that Part of that Schedule.
2
With effect from the date of satisfaction by the local highway authority that a public right of way specified in columns (1) and (2) of Part 2 of Schedule 3 has been improved to the standard defined in the implementation plan, the public right of way in question is deemed to have the status specified in column (3) of that Part of that Schedule.
3
In this article “implementation plan” means the written plan agreed between the undertaker and the local highway authority for the improvement of the public right of way in question.
Temporary stopping up of streets
12
1
The undertaker, during and for the purposes of carrying out the authorised development, may temporarily stop up, alter or divert any street and may for any reasonable time —
a
divert the traffic from the street; and
b
subject to paragraph (2), prevent all persons from passing along the street.
2
The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary stopping up, alteration or diversion of a street under this article if there would otherwise be no such access.
3
Without prejudice to the generality of paragraph (1), the undertaker may temporarily stop up, alter or divert the street specified in columns (1) and (2) of Schedule 4 to the extent specified, by reference to the letters and numbers shown on the works plan, in column (3) of that Schedule.
4
The undertaker must not temporarily stop up, alter or divert —
a
the street specified as mentioned in paragraph (3) without first consulting the local highway authority; and
b
any other street without the consent of the local highway authority which may attach reasonable conditions to any consent.
5
Any person who suffers loss by the suspension of any private rights of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act (determination of questions of disputed compensation).
Access to works
13
The undertaker may, for the purposes of carrying out the authorised development —
a
form and lay out means of access, or improve existing means of access, in the location specified in columns (1) and (2) of Schedule 5; and
b
with the approval of the relevant planning authority after consultation with the highway authority, form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development.
Agreements with street authorities
14
1
A street authority and the undertaker may enter into agreements with respect to —
a
any stopping up, alterations or diversion of a street authorised by this Order; or
b
the carrying out in the street of any of the works referred to in article 10(1).
2
Such an agreement may, without prejudice to the generality of paragraph (1) —
a
make provision for the street authority to carry out any function under this Order which relates to the street in question;
b
include an agreement between the undertaker and street authority specifying a reasonable time for the completion of the works; and
c
contain such terms as to payment and otherwise as the parties consider appropriate.
Discharge of water
15
1
The undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.
2
Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker pursuant to paragraph (1) is to be determined as if it were a dispute under section 106 of the Water Industry Act 1991 (right to communicate with public sewers).
3
The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.
4
The undertaker must not make any opening into any public sewer or drain except —
a
in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and
b
where that person has been given the opportunity to supervise the making of the opening.
5
The undertaker must not, in carrying out or maintaining works pursuant to this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.
6
The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.
7
This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by Regulation 38 of the Environmental Permitting Regulations (England and Wales) 2010 (offences of polluting water).
8
In this article —
a
“public sewer or drain” means a sewer or drain which belongs to the Environment Agency, an internal drainage board, a local authority or a sewerage undertaker; and
b
other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.
9
This article has effect in relation to watercourses or drains that are created or to be created as part of any restoration scheme applicable to Rookery South Pit and authorised by a review of old minerals permissions pursuant to section 96 of the Environment Act 1995 reference number BC/CM/2000/08.
Authority to survey and investigate the land
16
1
The undertaker may for the purposes of this Order enter on any land shown within the Order limits or which may be affected by the authorised development and —
a
survey or investigate the land;
b
without prejudice to the generality of sub-paragraph (a), make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;
c
without prejudice to the generality of sub-paragraph (a), carry out ecological or archaeological investigations on such land; and
d
place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes.
2
No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land.
3
Any person entering land under this article on behalf of the undertaker —
a
must, if so required on entering the land, produce written evidence of their authority to do so; and
b
may take with them such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.
4
No trial holes must be made under this article —
a
in land located within the highway boundary without the consent of the highway authority; or
b
in a private street without the consent of the street authority,
but such consent must not be unreasonably withheld.
5
The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
Compulsory acquisition of land
17
1
The undertaker may acquire compulsorily so much of the Order land as is required for the authorised development or to facilitate it, or as is incidental to it.
2
As from the date on which a compulsory acquisition notice under section 134(3) of the 2008 Act is served or the date on which the Order land, or any part of it, is vested in the undertaker, whichever is the later, that land or that part of it which is vested (as the case may be) is discharged from all rights, trusts and incidents to which it was previously subject.
3
Any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
4
This article is subject to article 25.
Power to override easements and other rights
18
1
Any authorised activity which takes place on land within the Order limits (whether the activity is undertaken by the undertaker, by its successor pursuant to a transfer or lease under article 7 of this Order, by any person deriving title under them or by any of their servants or agents) is authorised by this Order for the purposes of this article if it is authorised by the Order apart from this article and done in accordance with the terms of this Order, notwithstanding that it involves —
a
an interference with an interest or right to which this article applies; or
b
a breach of a restriction as to the user of land arising by virtue of a contract.
2
In this article “authorised activity” means —
a
the erection, construction or carrying out, or maintenance of any building or work on land;
b
the erection, construction, or maintenance of anything in, on, over or under land; or
c
the use of any land.
3
The interests and rights to which this article applies are any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by the virtue of a contract having that effect.
4
Where any interest or right to which this article applies is interfered with or any restriction breached by any authorised activity in accordance with the terms of this article the interest or right is extinguished, abrogated or discharged at the time that the interference or breach in respect of the authorised activity in question commences.
5
In respect of any interference, breach, extinguishment, abrogation or discharge in pursuance of this article, compensation —
a
is payable under section 7 or 10 of the 1965 Act; and
b
is to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections where —
i
the compensation is to be estimated in connection with a purchase under that Act; or
ii
the injury arises from the execution of works on or use of land acquired under that Act.
6
Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraph (1).
7
This article does not apply in respect of any agreement, restriction, obligation or other provision contained in a deed made pursuant to section 106 of the 1990 Act or section 278 of the 1980 Act.
Time limit for exercise of authority to acquire land compulsorily
19
1
After the end of the period of 5 years beginning on the day on which this Order is made —
a
no notice to treat may be served under Part 1 of the 1965 Act; and
b
no declarations may be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 21.
2
The authority conferred by article 25 ceases at the end of the period referred to in paragraph (1), save that nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period if the land was entered and possession was taken before the end of that period.
Compulsory acquisition of rights
20
1
The undertaker may acquire compulsorily the existing rights and create and acquire compulsorily the new rights described in the book of reference and shown on the land plans.
2
As from the date on which a compulsory acquisition notice is served or the date on which a new right is vested in the undertaker, whichever is the later, the land over which any new right is acquired is discharged from all rights trusts and incidents to which it was previously subject so far as their continuance would be inconsistent with the exercise of that new right.
3
Subject to section 8 of the 1965 Act as substituted by article 23, where the undertaker acquires an existing right over land under paragraph (1), the undertaker is not required to acquire a greater interest in that land.
4
Any person who suffers loss as a result of the extinguishment or suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
Application of the Compulsory Purchase (Vesting Declarations) Act 1981
21
1
The Compulsory Purchase (Vesting Declarations) Act 1981 applies as if this Order were a compulsory purchase order.
2
The Compulsory Purchase (Vesting Declarations) Act 1981, as so applied, has effect with the following modifications.
3
In section 3 (preliminary notices), for subsection (1) there is substituted —
1
Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order, the acquiring authority shall include the particulars specified in subsection (3) in a notice which is —
a
given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and
b
published in a local newspaper circulating in the area in which the land is situated.
.
4
In that section, in subsection (2), for “(1)(b)” there is substituted “(1)” and after “given” there is inserted “and published”.
5
In that section for subsections (5) and (6) there is substituted —
5
For the purposes of this section, a person has a relevant interest in land if —
a
that person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; or
b
that person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.
.
6
In section 5 (earliest date for execution of declaration) —
a
in subsection (1), after “publication” there is inserted “in a local newspaper circulating in the area in which the land is situated”; and
b
subsection (2) is omitted.
7
In section 7 (constructive notice to treat), in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” are omitted.
8
References to the 1965 Act in the Compulsory Purchase (Vesting Declarations) Act 1981 are to be construed as references to that Act as applied by section 125 of the 2008 Act (application of compulsory acquisition provisions) to the compulsory acquisition of land under this Order.
Acquisition of subsoil only
22
1
The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of the land referred to in paragraph (1) of article 17 as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
2
Where the undertaker acquires any part of, or rights in, the subsoil of land under paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.
3
Paragraph (2) does not prevent article 23 from applying where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory.
4
Nothing in this article requires the undertaker to acquire any estate, right or interest in any adopted highway.
Acquisition of part of certain properties
23
1
This article applies instead of section 8(1) of the 1965 Act (other provisions as to divided land) (as applied by section 125 of the 2008 Act) where —
a
a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming only part of a house, building or manufactory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”); and
b
a copy of this article is served on the owner with the notice to treat.
2
In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the undertaker a counter-notice objecting to the sale of the land subject to the notice to treat which states that the owner is willing and able to sell the whole (“the land subject to the counter-notice”).
3
If no such counter-notice is served within that period, the owner is required to sell the land subject to the notice to treat.
4
If such a counter-notice is served within that period, the question whether the owner may be required to sell only the land subject to the notice to treat is, unless the undertaker agrees to take the land subject to the counter-notice, to be referred to the tribunal.
5
If on such a reference the tribunal determines that the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice; or
b
where the land subject to the notice to treat consists of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the owner is required to sell the land subject to the notice to treat.
6
If on such a reference the tribunal determines that only part of the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice; or
b
where the land subject to the notice to treat consists of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the notice to treat is deemed to be a notice to treat for that part.
7
If on such a reference the tribunal determines that —
a
the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but
b
the material detriment is confined to a part of the land subject to the counter-notice,
the notice to treat is deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the undertaker is authorised to acquire compulsorily under this Order.
8
If the undertaker agrees to take the land subject to the counter-notice, or if the tribunal determines that —
a
none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and
b
the material detriment is not confined to a part of the land subject to the counter-notice,
the notice to treat is deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the undertaker is authorised to acquire compulsorily under this Order.
9
Where, by reason of a determination by the tribunal under this article, a notice to treat is deemed to be a notice to treat for less land or more land that that specified in the notice, the undertaker may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and, in that event, must pay the owner compensation for any loss or expense occasioned to the owner by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.
10
Where the owner is required under this article to sell only part of a house, building or manufactory or of land consisting of a house with a park or garden, the undertaker must pay the owner compensation for any loss sustained by the owner due to the severance of that part in addition to the value of the interest acquired.
Rights under or over streets
24
1
The undertaker may enter upon and appropriate so much of the subsoil of, or air space over, any street within the Order limits as may be required for the purposes of the authorised development and may use the subsoil or air-space for those purposes or any other purpose ancillary to the authorised development.
2
Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.
3
Paragraph (2) does not apply in relation to —
a
any subway or underground building; or
b
any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.
4
Subject to paragraph (5), any person who is an owner or occupier of land appropriated under paragraph (1) without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
5
Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 of the 1991 Act (sharing cost of necessary measures) applies in respect of measures of which the allowable costs are to be borne in accordance with that section.
Temporary use of land for carrying out the authorised development
25
1
The undertaker may, in connection with the carrying out of the authorised development —
a
enter on and take temporary possession of the land specified in columns (1) and (2) of Schedule 6 for the purpose specified in relation to that land in column (3) of that Schedule;
b
remove any buildings and vegetation from that land; and
c
construct temporary or permanent works (including the provision of means of access) and buildings on that land.
2
Not less than 14 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.
3
The undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the part of the authorised development specified in relation to that land in column (2) of Schedule 6 unless and to the extent that it is authorised to do so by the acquisition of rights over land or the creation of new rights over land pursuant to article 20 of this Order.
4
Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to replace a building removed under this article.
5
The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of any power conferred by this article.
6
Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act.
7
Nothing in this article affects any liability to pay compensation under section 10(2) of the 1965 Act (further provisions as to compensation for injurious affection) or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (5).
8
The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1) except that the undertaker is not precluded from —
a
acquiring new rights over any part of that land under article 20; or
b
acquiring any part of the subsoil (or rights in the subsoil) of that land under article 22.
9
Where the undertaker takes possession of land under this article, the undertaker cannot be required to acquire the land or any interest in it.
10
Section 13 of the 1965 Act (refusal to give possession to acquiring authority) applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act.
Temporary use of land for maintaining authorised development
26
1
Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised development, the undertaker may —
a
enter on and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the authorised development; and
b
construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.
2
Paragraph (1) does not authorise the undertaker to take temporary possession of —
a
any house or garden belonging to a house; or
b
any building (other than a house) if it is for the time being occupied.
3
Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.
4
The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.
5
Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
6
The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.
7
Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.
8
Nothing in this article affects any liability to pay compensation under section 10(2) of the 1965 Act (further provisions as to compensation for injurious affection) or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).
9
Where the undertaker takes possession of land under this article, the undertaker cannot be required to acquire the land or any interest in it.
10
Section 13 of the 1965 Act (refusal to give possession to acquiring authority) applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act.
11
In this article “the maintenance period”, in relation to any part of the authorised development, means the period of 5 years beginning with the date on which that part of the authorised development is first opened for use.
Statutory undertakers
27
The undertaker may —
a
acquire compulsorily the land belonging to statutory undertakers shown on the land plans within the Order limits and described in the book of reference;
b
extinguish the rights of and remove or reposition apparatus belonging to statutory undertakers in, on or over land shown on the land plans and described in the book of reference; and
c
acquire compulsorily the new rights over land belonging to statutory undertakers shown on the land plans and described in the book of reference.
Railway undertakings
28
1
Subject to the following provisions of this article, the undertaker may not under article 10 break up or open a street where the street, not being a highway maintainable at public expense (within the meaning of the 1980 Act) —
a
is under the control or management of, or is maintainable by, railway undertakers; or
b
forms part of a level crossing belonging to any such undertakers or to any other person,
except with the consent of the undertakers or, as the case may be, of the person to whom the level crossing belongs.
2
Paragraph (1) does not apply to the carrying out under this Order of emergency works, within the meaning of Part 3 of the 1991 Act.
3
A consent given for the purpose of paragraph (1) may be made subject to such reasonable conditions as may be specified by the person giving it but must not be unreasonably withheld or delayed.
Application of landlord and tenant law
29
1
This article applies to —
a
any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and
b
any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it,
so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.
2
No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.
3
Accordingly, no such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to —
a
exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;
b
confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or
c
restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.
Operational land for purposes of the 1990 Act
30
Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) of the 1990 Act (cases in which land is to be treated as operational land for the purposes of that Act).
Felling or lopping of trees
31
1
The undertaker may fell or lop any tree or shrub near any part of the authorised development, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development.
2
In carrying out any activity authorised by paragraph (1), the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.
3
Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.
Certification of plans etc.
32
1
The undertaker must, as soon as practicable after the making of this Order, submit to the decision-maker copies of —
a
the book of reference;
b
the code of construction practice;
c
the design and access statement;
d
the land plans including plan number 3052/SK013 showing areas of land subject to restrictive covenants;
e
the Residual Waste Acceptance Scheme dated 8 July 2011;
f
the rights of way plan;
g
the works plans;
h
the sections;
i
the Order limits plan;
j
the travel plan within the meaning of requirement 39(1),
for certification that they are true copies of the plans or documents referred to in this Order.
2
A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Protection of Network Rail Infrastructure Limited
33
Schedule 7 has effect.
Arbitration
34
Any difference under any provision of this Order, unless otherwise provided for, is to be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the decision-maker.
Signed by authority of the Infrastructure Planning Commission
Paul Hudson, Andrew Phillipson and Emrys Parry
Members of the Panel
Infrastructure Planning Commission
22nd November 2011


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the International Tax Enforcement (Saint Christopher (Saint Kitts) and Nevis) Order 2011.
Tax information exchange arrangements to have effect
2
It is declared that —
a
the arrangements set out in the agreement in Part 1 of the Schedule to this Order and the Exchange of Notes set out in Part 2 of that Schedule have been made with the Government of Saint Christopher (Saint Kitts) and Nevis with a view to the exchange of information foreseeably relevant to the administration or enforcement or recovery of the taxes, and debts relating to the taxes, covered by the arrangements; and
b
it is expedient that the arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Alder Hey Children’s NHS Foundation Trust (Transfer of Trust Property) Order 2011 and shall come into force on 1st April 2011.
2
In this Order —
“the FT ” means the Alder Hey Children’s NHS Foundation Trust ;
“the new trustees” means the trustees for the Alder Hey Children’s NHS Foundation Trust ; and
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the FT and the new trustees and signed on behalf of the FT and the new trustees on 1st March 2011.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the FT to the new trustees.
2
In any instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new trustees and any reference to the FT in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new trustees.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
7th March 2011


text:
Title and commencement
1
1
This Order may be cited as The Government Resources and Accounts Act 2000 (Estimates and Accounts) Order 2011.
2
It comes into force on 1st April 2011.
Designations
2
A body listed in column 2 of a table in the Schedule is a designated body in relation to the department named in column 1 of that table for the financial year that ends on 31st March 2012.
Angela Watkinson
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 2011


text:
Citation and commencement
1
These Regulations —
a
may be cited as the Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2011;
b
come into force on 1st January 2012.
Amendments to the Environmental Permitting (England and Wales) Regulations 2010
2
1
The Environmental Permitting (England and Wales) Regulations 2010 are amended as follows.
2
In Part B of Section 1.2 of Part 2 of Schedule 1 —
a
for paragraphs (d) and (e) substitute —
d
Motor vehicle refuelling activities at an existing service station after the prescribed date, if the throughput of petrol at that service station in any 12 month period is in excess of 3000 m 3 .
e
Motor vehicle refuelling activities at a new service station, if the throughput of petrol at that service station in any 12 month period is, or is intended to be in excess of 500 m 3 .
;
b
after paragraph (e) insert —
f
Motor vehicle refuelling activities at a new service station if the throughput of petrol at that service station in any 12 month period is, or is likely to be in excess of 100 m 3 and it is situated under permanent living quarters or working areas.
g
Any service station which undergoes a major refurbishment must be treated as a new service station.
.
3
In Section 1.2 of Part 2 of Schedule 1, in Interpretation of Part B —
a
for the definition of “new service station” substitute —
“new service station” means, in relation to service stations to which paragraph (e) of Part B applies, those which are put into operation on or after 1st January 2010, and in relation to service stations to which paragraph (f) of Part B applies, those which are put into operation on or after 1st January 2012.
;
b
for the definition of “prescribed date” substitute —
“prescribed date” means 31st December 2011 if the throughput is in excess of 3500 m 3 and 31st December 2018 if the throughput is in excess of 3000 m 3 .
;
c
in the definition of “service station” insert at the end “but does not include any service station exclusively used in association with the construction and delivery of new motor vehicles”.
d
for paragraph 2 substitute —
2
Any other expressions used in Part B which, in relation to paragraphs (b) and (c), are also used in Directive 94/63/ EC on the control of volatile organic compound ( VOC ) emissions resulting from the storage of petrol and its distribution from terminals to service stations , or in relation to paragraphs (d) to (g), are also used in Directive 2009/126/EC on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations have the same meaning as in those Directives.
.
4
For Schedule 18 substitute —
SCHEDULE 18
Petrol Vapour Recovery
Regulation 35(2)(l)
PART 1 PVR I
Application
1
This Part applies in relation to every Part B activity falling within paragraphs (b) and (c) of Part B of Section 1.2 of Part 2 of Schedule 1.
Interpretation
2
In this Part, “PVR I” means European Parliament and Council Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations.
Exercise of relevant functions
3
1
The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of PVR I —
a
Article 3(1), first paragraph;
b
Article 4(1), first and last paragraphs, and 4(3);
c
Article 6(1), first paragraph.
2
When interpreting PVR I for the purposes of this paragraph —
a
in point 1 of Annex I, “special landscape areas which have been designated by national authority” includes the Broads, the New Forest and any National Park or Area of Outstanding Natural Beauty; and
b
ignore points 2.3, 3.2, and 3.5 of Annex IV.
PART 2 PVR II
Application
1
This Part applies in relation to every Part B activity falling within paragraphs (d) to (g) of Part B of Section 1.2 of Part 2 of Schedule 1.
Interpretation
2
In this Part, “PVR II” means Directive 2009/126/EC of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations.
Exercise of relevant functions
3
1
The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of PVR II —
a
Article 3;
b
Article 4;
c
Article 5.
2
But when interpreting PVR II for the purposes of this paragraph —
a
in Articles 3, 4 and 5, ignore the words “member states shall ensure that” where they occur;
b
in Article 4, ignore the words “with effect from the date on which Stage II petrol vapour recovery systems become mandatory pursuant to Article 3”.
Taylor of Holbeach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
6th December 2011
John Griffiths
Minister of Environment and Sustainable Development
one of the Welsh Ministers
3rd December 2011


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2011 and shall come into force on 1st April 2011.
2
In these Regulations “the Charges Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000 .
Amendment of the Charges Regulations to increase charges
2
1
The Charges Regulations are amended as follows.
2
In each of the following provisions, for “£7.20” in each place that it occurs substitute “£7.40” —
a
regulation 3(1)(a) and (b), (1A)(b)(i) and (ii) and (4) (charges for the supply of drugs and appliances by chemists);
b
regulation 4(1)(a) and (b) and (4) (charges for the supply of drugs and appliances by doctors);
c
regulation 4A(1)(a) and (b) (charges for the out of hours supply of drugs and appliances by providers of out of hours services);
d
regulation 5(1)(a) and (d) and (5) (charges for the supply of drugs and appliances by NHS trusts, NHS foundation trusts and Primary Care Trusts);
e
regulation 6(1)(a) and (b) and (4) (charges for the supply of drugs and appliances at Walk-in Centres); and
f
regulation 6A(1) (charges for the supply of drugs under Patient Group Directions).
3
In each of the following provisions, for “£14.40” in each place that it occurs substitute “£14.80” —
a
regulation 3(1)(a) and (1A)(b)(i) (charge for the supply of a pair of elastic hosiery by chemists);
b
regulation 4(1)(a) (charge for the supply of a pair of elastic hosiery by doctors);
c
regulation 4A(1)(a) (charge for the out of hours supply of a pair of elastic hosiery by providers of out of hours services);
d
regulation 5(1)(a) and (c) (charge for the supply of a pair of elastic hosiery or tights by NHS trusts, NHS foundation trusts or Primary Care Trusts); and
e
regulation 6(1)(a) (charge for the supply of a pair of elastic hosiery at Walk-in Centres).
4
In regulation 9 (pre-payment certificates), in paragraphs (4), (6)(a), (11)(a) and (12), for “£28.25” substitute “£29.10”.
5
In column (2) of Schedule 1 (charges for fabric supports and wigs) substitute —
a
for “£24.35”; “£25.10”;
b
for “£36.80”, “£37.90”;
c
for “£60.00”; “£61.85”;
d
for “£158.90”; “£163.80”;
e
for “£232.45”; “£239.45”.
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
23rd February 2011


text:
Citation and commencement
1
This Order may be cited as the Terrorism Act 2000 (Remedial) Order 2011 and shall come into force on 18th March 2011.
Current stop and search powers no longer to have effect
2
The Terrorism Act 2000 is to have effect as if sections 44 to 47 of that Act (power to stop and search) were repealed.
Replacement powers to stop and search in specified locations
3
1
The Terrorism Act 2000 is to have effect as if before section 48 (and the italic cross-heading before it) there were inserted —
Searches in specified areas or places
47A
1
A senior police officer may give an authorisation under subsection (2) or (3) in relation to a specified area or place if the officer —
a
reasonably suspects that an act of terrorism will take place; and
b
considers that —
i
the authorisation is necessary to prevent such an act;
ii
the specified area or place is no greater than is necessary to prevent such an act; and
iii
the duration of the authorisation is no longer than is necessary to prevent such an act.
2
An authorisation under this subsection authorises any constable in uniform to stop a vehicle in the specified area or place and to search —
a
the vehicle;
b
the driver of the vehicle;
c
a passenger in the vehicle;
d
anything in or on the vehicle or carried by the driver or a passenger.
3
An authorisation under this subsection authorises any constable in uniform to stop a pedestrian in the specified area or place and to search —
a
the pedestrian;
b
anything carried by the pedestrian.
4
A constable in uniform may exercise the power conferred by an authorisation under subsection (2) or (3) only for the purpose of discovering whether there is anything which may constitute evidence that the vehicle concerned is being used for the purposes of terrorism or (as the case may be) that the person concerned is a person falling within section 40(1)(b).
5
But the power conferred by such an authorisation may be exercised whether or not the constable reasonably suspects that there is such evidence.
6
A constable may seize and retain anything which the constable —
a
discovers in the course of a search under such an authorisation; and
b
reasonably suspects may constitute evidence that the vehicle concerned is being used for the purposes of terrorism or (as the case may be) that the person concerned is a person falling within section 40(1)(b).
7
Schedule 6B (which makes supplementary provision about authorisations under this section) has effect.
8
In this section —
“driver”, in relation to an aircraft, hovercraft or vessel, means the captain, pilot or other person with control of the aircraft, hovercraft or vessel or any member of its crew and, in relation to a train, includes any member of its crew;
“senior police officer” has the same meaning as in Schedule 6B (see paragraph 14(1) and (2) of that Schedule);
“specified” means specified in an authorisation.
2
Schedule 1 (which provides for the Terrorism Act 2000 to have effect as if a new Schedule making supplementary provision about powers to stop and search in specified locations were inserted after Schedule 6A to that Act) has effect.
Code of Practice
4
The Terrorism Act 2000 is to have effect as if after section 47A (for which see article 3) there were inserted —
Code of practice relating to section 47A
47B
1
The Secretary of State must issue a code of practice containing guidance about —
a
the exercise of the powers to give an authorisation under section 47A(2) or (3),
b
the exercise of the powers conferred by such an authorisation and section 47A(6), and
c
such other matters in connection with the exercise of any of the powers mentioned in paragraphs (a) and (b) as the Secretary of State considers appropriate.
2
Such a code may make different provision for different purposes.
3
In the course of preparing such a code, the Secretary of State must, so far as is practicable, consult the Lord Advocate and such other persons as the Secretary of State considers appropriate.
4
The requirement to consult in subsection (3), in relation to the preparation of a code of practice, may be satisfied by any such consultation which takes place before the day on which the Terrorism Act 2000 (Remedial) Order 2011 ( S.I. 2011/631 ) comes into force.
5
The Secretary of State must lay before Parliament a copy of a code of practice issued under subsection (1).
6
The Secretary of State may revise such a code and must issue any such revised code.
7
Subsections (2), (3), (5) and (6) have effect in relation to a revised code as they have effect in relation to the code first issued.
Effect of code
47C
1
A constable must have regard to the search powers code when exercising any powers to which the code relates.
2
A failure on the part of a constable to act in accordance with any provision of the search powers code does not of itself make that person liable to criminal or civil proceedings.
3
The search powers code is admissible in evidence in any such proceedings.
4
A court or tribunal may, in particular, take into account a failure by a constable to have regard to the search powers code in determining a question in any such proceedings.
5
The references in this section to a constable include, in relation to any functions exercisable by a person by virtue of paragraph 15 of Schedule 4 to the Police Reform Act 2002 or paragraph 16 of Schedule 2A to the Police (Northern Ireland) Act 2003 (search powers in specified areas or places for community support officers), references to that person.
6
In this section “the search powers code” means the code of practice issued under section 47B(1) (as revised from time to time).
Consequential amendments
5
Schedule 2 (which provides for various enactments to have effect as if certain consequential amendments were made) has effect.
Temporary effect of Order and transitional provision
6
1
If a public general Act passed in the same Session as the Session in which this Order is made makes provision to repeal sections 44 to 47 of the Terrorism Act 2000 (with or without savings), articles 2 to 5 and Schedules 1 and 2 cease to have effect on the coming into force of such provision.
2
Paragraph (1) is subject to any transitional, transitory or saving provision made by virtue of the Act so passed.
3
An authorisation —
a
given under section 44 of the Terrorism Act 2000, and
b
whose duration would otherwise extend beyond the coming into force of this Order,
ceases to have effect on the coming into force of this Order.
4
An authorisation ceasing to have effect by virtue of paragraph (3) does not affect the lawfulness of anything done in reliance on it before it ceases to have effect.
Theresa May
One of Her Majesty’s Principal Secretaries of State
Home Office
16th March 2011


text:
Citation and commencement
1
This Order may be cited as the Dentists Act 1984 (Medical Authorities) Order 2011 and comes into force on 26th July 2011.
Designation of the University of Central Lancashire
2
The University of Central Lancashire is designated for the purposes of article 7(4)(b) of the Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 and accordingly is a “medical authority” for the purposes of section 3 of the Dentists Act 1984 (power of medical authorities to hold examinations and grant licences in dentistry).
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefits Up-rating Regulations 2011 and shall come into force on 11th April 2011.
2
In these Regulations, “the Up-rating Order ” means the Social Security Benefits Up-rating Order 2011 .
Exceptions relating to payment of additional benefit by virtue of the Up-rating Order
2
Section 155(3) of the Social Security Administration Act 1992 (effect of alteration of rates of benefit under Parts 2 to 5 of the Social Security Contributions and Benefits Act 1992) shall not apply if a question arises as to either —
a
the weekly rate at which the benefit is payable by virtue of the Up-rating Order, or
b
whether the conditions for receipt of the benefit at the altered rate are satisfied,
until that question has been determined in accordance with the provisions of the Social Security Act 1998 .
Persons not ordinarily resident in Great Britain
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of the Up-rating Order.
Amendment of the Social Security Benefit (Dependency) Regulations 1977
4
In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977 (increase of carer’s allowance for child dependants) —
a
for “£200”, in both places where it occurs, substitute “£205”; and
b
for “£26” substitute “£27”.
Amendment of the Social Security (Claims and Payments) Regulations 1987
5
In paragraph 4(2A) of Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 (deductions from benefit and direct payment to third parties) for “£22.30”, in each place where it occurs, substitute “£22.60”.
Revocations
6
The following regulations are revoked —
a
the Social Security Benefits Up-rating Regulations 2009 (to the extent that they remain in force); and
b
the Social Security Benefits Up-rating Regulations 2010 .
Signed by authority of the Secretary of State for Work and Pensions.
C Grayling
Minister of State,
Department for Work and Pensions
17th March 2011


text:
Citation
1
This Order may be cited as the International Tax Enforcement (San Marino) Order 2011.
Tax information exchange agreement to have effect
2
It is declared that —
a
the agreement set out in the Schedule to this Order has been made with the Government of the Republic of San Marino with a view to the exchange of information foreseeably relevant to the administration or enforcement or recovery of the taxes, and debts relating to the taxes, covered by the agreement; and
b
it is expedient that the agreement should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2011.
2
This Order comes into force on 16th February 2011.
3
In this Order —
“the Principal Order ” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ; and
“the Financial Promotion Order ” means the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 .
Amendment of the Principal Order
2
1
The Principal Order is amended as follows.
2
In article 77 (instruments creating or acknowledging indebtedness) —
a
in paragraph (1) omit “77A or”;
b
in paragraph (2) omit sub-paragraph (e).
3
In article 77A (alternative finance investment bonds) in paragraph (1) after “article” insert “77 or”.
Amendment of the Financial Promotion Order
3
1
The Financial Promotion Order is amended as follows.
2
In Part 2 of Schedule 1 —
a
in paragraph 15(1) omit “15A or”;
b
in paragraph 15(2) omit sub-paragraph (e);
c
in paragraph 15A(1) after “paragraph” insert “15 or”.
Application of amendments
4
The instruments to which the amendments made by this Order apply from its commencement include existing instruments which fall within —
a
article 77 or 77A of the Principal Order; or
b
paragraph 15 or 15A of Schedule 1 to the Financial Promotion Order,
in each case as amended by this Order.
Angela Watkinson
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
25th January 2011


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