text:
Citation and commencement
1
These Regulations may be cited as the Working Time (Amendment) Regulations 2009 and shall come into force on 1st August 2009.
Amendments to regulation 25A of the Working Time Regulations 1998
2
In regulation 25A (doctors in training) of the Working Time Regulations 1998 —
a
for paragraph (1) substitute —
1
Paragraph (1) of regulation 4 is modified in its application to workers to whom this paragraph applies by substituting for the reference to 48 hours a reference to 52 hours with effect from 1st August 2009 until 31st July 2011.
1A
Paragraph (1) applies to workers who are doctors in training who are employed —
a
by an employer who is listed in column 1 of the table contained in Schedule 2A,
b
at a place listed in column 2 of that table in respect of that employer,
c
to provide at that place one of the specialist services listed in column 3 of that table in respect of that place, and
d
in one of the grades listed in column 4 of that table in respect of that specialist service and, where applicable, working as part of a rota referred to in that column in respect of that grade, or those grades.
New Schedule 2A to the Working Time Regulations 1998
3
After Schedule 2 (workers employed in agriculture) of the Working Time Regulations 1998 insert —
SCHEDULE 2A
Doctors in training
Regulation 25A(1A)
Column 1
Employer
Column 2
Place
Column 3
Specialist Services
Column 4
Grade and, where applicable, Rota
England
East Midlands Strategic Health Authority area
Derby Hospitals NHS Foundation Trust Derby City General Hospital Acute Medicine – Medical Assessment Unit F2, CT1 and CT2 Anaesthetics F2, ST3 to ST7 Anaesthetics – Obstetrics CT2, ST3 to ST7 Anaesthetics – Intensive Care CT1, CT2, ST3 to ST7 Anaesthetics – Theatres ST3 to ST7 Clinical Oncology/ Haematology/ Palliative Medicine F2, CT1 and CT2 General Medicine F2, CT1, CT2, ST3 to ST7 General Surgery ST3 to ST8 General Surgery/ ENT / Urology F2, CT1 and CT2 Obstetrics and Gynaecology ST3 to ST7 Paediatrics ST3 to ST8 Urology CT2, ST3 to ST7 Nottingham University Hospitals National Health Service Trust Nottingham City Hospital Neonatology ST4 to ST8 Queens Medical Centre, Nottingham General Surgery and Vascular Surgery ST4 to ST8 Neonatology ST4 to ST8
Sherwood Forest Hospitals NHS Foundation Trust Kings Mill Hospital Anaesthetics F2, CT1, CT2, ST3 to ST7 Obstetrics and Gynaecology
F2, ST1 to ST7 Paediatrics
F2, ST1 to ST8 United Lincolnshire Hospitals National Health Service Trust Grantham and District Hospital General Medicine F2, CT1 and CT2 Lincoln County Hospital Anaesthetics F2, CT1 and CT2 General Medicine ST3 to ST7 Pilgrim Hospital General Medicine ST3 to ST7 University Hospitals of Leicester National Health Service Trust Leicester Royal Infirmary Emergency Medicine ST3 to ST7 Paediatrics F2, ST1 to ST8 Leicester Royal Infirmary and Leicester General Hospital Neonatology ST4 to ST8 East of England Strategic Health Authority area
Bedford Hospital National Health Service Trust Bedford Hospital Cardiology ST3 to ST7 Care of the Elderly ST3 to ST7 Endocrinology and Diabetes ST3 to ST7 Respiratory ST3 to ST7 Cambridge University Hospitals NHS Foundation Trust Addenbrookes Hospital Adult Intensive Care F2, CT1, CT2 and ST3 Transplantation ST3 to ST8 Cambridgeshire Primary Care Trust Hinchingbrooke Hospital Paediatrics ST3 to ST8 Hinchingbrooke Health Care National Health Service Trust Hinchingbrooke Hospital General Surgery ST3 to ST7 Ipswich Hospital National Health Service Trust The Ipswich Hospital Paediatrics ST3 to ST8
James Paget University Hospitals NHS Foundation Trust James Paget University Hospital Anaesthetics (Obstetrics, Pain, ITU and Theatres) CT1, CT2, ST3 to ST8 Obstetrics and Gynaecology ST3 to ST8 Paediatrics ST3 to ST8 – on call Norfolk and Norwich University Hospitals NHS Foundation Trust Norfolk and Norwich University Hospital Anaesthetics CT1, CT2 and ST3 Emergency Medicine ST3 to ST8 – Tier 2 (full shift rota – 24 hour service) Trauma and Orthopaedics CST1 and CST2 – Tier 2 (full shift) Papworth Hospital NHS Foundation Trust Papworth Hospital Acute Specialties (Chest Medicine) F2, CT1, CT2, ST3 to ST8 Cardiothoracic Surgery F2, CT1 and CT2 Cardiothoracic Transplant Surgery ST3 to ST8 Peterborough and Stamford Hospitals NHS Foundation Trust Peterborough District Hospital and Edith Cavell Hospital Urology ST3 to ST7 West Hertfordshire Hospitals National Health Service Trust Hemel Hempstead Hospital Obstetrics and Gynaecology ST3 to ST7 St Albans City Hospital Obstetrics and Gynaecology ST3 to ST7 Watford General Hospital Obstetrics and Gynaecology
ST3 to ST7 London Strategic Health Authority area
Barking, Havering and Redbridge University Hospitals National Health Service Trust Queen’s Hospital Ear Nose and Throat F2, CT1 and CT2 Maxillo Facial F2, CT1 and CT2 Neurosciences (Neurology and Neurosurgery) F2, ST1 and ST2
Great Ormond Street Hospital for Children National Health Service Trust Great Ormond Street Hospital for Children Cardiothoracic Surgery ST4 to ST6 Hillingdon Hospital National Health Service Trust Hillingdon Hospital General Surgery (elective and non-elective) including Colorectal, Breast and Vascular F2, CT1, CT2 and ST3 Imperial College Healthcare National
Health Service Trust
Charing Cross Hospital Neurosurgery ST3 to ST7 Hammersmith Hospital Cardiothoracic Surgery ST3 to ST7 St Mary’s Hospital Cardiothoracic Surgery F2, CT1, CT2, ST3 to ST7 Kingston Hospital National Health Service Trust Kingston Hospital Anaesthesia and Intensive Care, ACCS CT1, CT2, ST3 to ST7 Whittington Hospital National Health Service Trust Whittington Hospital Anaesthetics/ ITU ST3 to ST7 Obstetrics and Gynaecology ST3 to ST7 Paediatrics ST4 to ST8 Paediatrics – Neonates ST1 to ST3 North East Strategic Health Authority area
The Newcastle Upon Tyne Hospitals NHS Foundation Trust Newcastle General Hospital Anaesthetics ST3 to ST7 – 1st on call ST3 to ST7 – 2nd on call Critical Care (ITU) ST3 to ST6 Paediatrics F2, ST1 to ST3 – 1st on call ST4 to ST8 – 2nd on call Paediatrics Intensive Care ST4 to ST8 North West Strategic Health Authority area
Alder Hey Children’s NHS Foundation Trust Alder Hey Children’s Hospital Paediatric Cardiothoracic Surgery ST3 to ST8, SpR
East Lancashire Hospitals National Health Service Trust Royal Blackburn Hospital Otorhinolaryngology (ENT) F2, ST1, ST2, CT1 and CT2 – 1st on call Royal Blackburn Hospital and Burnley General Hospital, Blackburn and Burnley Urgent Care Centres Emergency Medicine ST3 to ST7, SpR Royal Blackburn Hospital and Burnley General Hospital Trauma and Orthopaedics F2, ST1 and ST2 – 1st on call Lancashire Teaching Hospitals NHS Foundation Trust Royal Preston Hospital Neurosurgery F2, CT1 and CT2 – 1st on call ST3 to ST7, SpR – 2nd on call North Cumbria University Hospitals National Health Service Trust Cumberland Infirmary ENT/ Trauma and Orthopaedics/ OMFS F2, ST1, ST2, CT1 and CT2 General Medicine and medical specialties F1 – Acute 1st on call F2, CT1 and CT2 – Acute 2nd on call ST3 to ST7, SpR – Acute 3rd on call General Surgery F1 – 1st on call F2, CT1 and CT2 - 2nd on call ST3 to ST7, SpR - 3rd on call Obstetrics and Gynaecology F2, ST1 and ST2 – 1st on call Trauma and Orthopaedics ST3 to ST7, SpR – 2nd on call
West Cumberland Hospital General Medicine and medical specialties F1 – Acute 1st on call F2, CT1, CT2, ST3 to ST7, SpR – Acute 2nd on call General Surgery F1 – 1st on call F2, CT1 and CT2 – 2nd on call Obstetrics and Gynaecology ST3 to ST7, SpR – 2nd on call Paediatrics F2, ST1 and ST2 – 1st on call Trauma and Orthopaedics ST3 to ST7, SpR – 2nd on call Royal Liverpool and Broadgreen University Hospitals National Health Service Trust Royal Liverpool University Hospital Renal Transplant Surgery ST3 to ST7, SpR Trafford Healthcare National Health Service Trust Trafford General Hospital Anaesthesia F2, CT1 and CT2 – 1st on call University Hospitals of Morecambe Bay National Health Service Trust Furness General Hospital Paediatrics F2, ST1 and ST2 Walton Centre for Neurology and Neurosurgery National Health Service Trust Walton Centre for Neurology and Neurosurgery Neurosciences F2, CT1 and CT2 Neurosurgery ST3 to ST7, SpR South Central Strategic Health Authority area
Buckinghamshire Hospitals National Health Service Trust Wycombe Hospital and Stoke Mandeville Hospital Obstetrics and Gynaecology F2, ST1 to ST7, FTSTA1 and FTSTA2 Paediatrics ST3 to ST8
Milton Keynes Hospital NHS Foundation Trust Milton Keynes General Hospital Anaesthetics ST3 to ST7 Anaesthetics – ITU FT2, CT1 and CT2 Anaesthetics – Theatres CT2, ST3 to ST7 Emergency Medicine ST3 to ST7 General Medicine ST3 to ST7 Paediatrics F2, ST1 to ST8 Surgery CT1, CT2, ST3 to ST7 Trauma and Orthopaedics F2, CT1, CT2, ST3 to ST8 Portsmouth Hospitals National Health Service Trust Queen Alexandra Hospital General Paediatrics ST3 to ST8 Obstetrics and Gynaecology ST3 to ST7 Southampton University Hospitals National Health Service Trust Princess Anne Hospital Obstetrics and Gynaecology ST3 to ST7 Southampton General Hospital Anaesthetics – Critical Care F2, CT1, CT2, ST3 to ST7 South East Coast Strategic Health Authority area
Brighton and Sussex University Hospitals National Health Service Trust Royal Sussex County Hospital Anaesthetics CT1, CT2, ST3 to ST7 Princess Royal Hospital Anaesthetics CT1, CT2, ST3 to ST7 East Sussex Hospitals National Health Service Trust Conquest Hospital and Eastbourne District General Hospital Emergency Medicine ST4 to ST7 Paediatrics ST4 to ST8 Frimley Park Hospital NHS Foundation Trust Frimley Park Hospital Anaesthetics and Intensive Care (obstetric anaesthesia and critical care medicine) ST3 to ST7 Clinical Haematology ST3 to ST7
Maidstone and Tunbridge Wells National Health Service Trust Kent and Sussex Hospital ENT F2, CT1 and CT2 Pembury Hospital Obstetrics and Gynaecology ST4 to ST7 Royal Surrey County Hospital National Health Service Trust Royal Surrey County Hospital Haematology ST3 to ST7 Trauma and Orthopaedics ST3 to ST8 Urology ST3 to ST7 Surrey and Sussex Healthcare National Health Service Trust East Surrey Hospital Anaesthetics and Intensive Care (obstetric anaesthesia and critical care medicine) CT1, CT2, ST3 to ST7 Western Sussex Hospitals National Health Service Trust St Richard’s Hospital General Medicine F2, CT1 and CT2 Obstetrics and Gynaecology ST3 to ST7 Paediatrics ST4 to ST8 Surgery F1, F2, CT1, CT2, ST3 to ST7 Trauma and Orthopaedics F1, F2, CT1, CT2, ST3 to ST7 Urology ST3 to ST7 South West Strategic Health Authority area
Gloucestershire Hospitals NHS Foundation Trust Gloucestershire Royal Hospital and Cheltenham General Hospital Anaesthetics and Critical Care Services F2, CT1, CT2, ST3 to ST7 North Bristol National Health Service Trust Frenchay Hospital Anaesthetics CT1, CT2, ST3 to ST7 – 1st on call CT1, CT2, ST3 to ST7 – 2nd on call Trauma and Orthopaedics CT1 and CT2 – 1st on call Southmead Hospital Anaesthetics CT1, CT2, ST3 to ST7 – 1st on call CT1, CT2, ST3 to ST7 – 2nd on call Trauma and Orthopaedics CT1 and CT2 – 1st on call
Poole Hospital NHS Foundation Trust Poole Hospital Anaesthetics: Theatre CT1 and CT2 (16 hour full shift) Anaesthetics: Critical Care ST3 to ST5 (24 hour full shift) Anaesthetics ST3 to ST5 (full shift 24 hours cover for theatres, back up for Obstetrics and Critical Care) Emergency Medicine ST3 to ST7 Obstetrics ST2 to ST4 (24 hour full shift) Paediatrics ST3 to ST8 Trauma and Orthopaedics CT1 and CT2 University Hospitals Bristol NHS Foundation Trust Bristol Heart Institute Cardiothoracic Surgery Services ST3 to ST7 Bristol Royal Infirmary Cardiothoracic Surgery Services CT1 and CT2 West Midlands Strategic Health Authority area
Birmingham Children’s Hospital NHS Foundation Trust Birmingham Children’s Hospital General Paediatrics ST4 to ST8 Paediatric Endocrinology ST4 to ST8 Paediatric Gastroenterology ST4 to ST8 Paediatric Haematology/ Oncology ST4 to ST8 Paediatric Hepatology ST4 to ST8 Paediatric Inherited Metabolic Diseases ST4 to ST8 Paediatric Nephrology ST4 to ST8 Paediatric Neurology ST4 to ST8 Paediatric Neurosurgery ST4 to ST9 Paediatric Respiratory Medicine ST4 to ST8 Paediatric Rheumatology ST4 to ST8 Burton Hospitals NHS Foundation Trust Queen’s Hospital Critical Care Anaesthesia ST3 to ST7 General Anaesthesia F2, CT1 and CT2 Obstetrics Anaesthesia ST3 to ST7
George Eliot Hospital National Health Service Trust George Eliot Hospital Paediatrics ST4 to ST8 Heart of England NHS Foundation Trust Birmingham Heartlands Hospital General Medicine ST3 to ST7 Trauma and Orthopaedics ST3 to ST8 Solihull Hospital Trauma and Orthopaedics F2, CT1, CT2, ST1 to ST6 Mid Staffordshire NHS Foundation Trust Stafford Hospital and Cannock Chase Hospital Acute Medical Specialties and Medical Specialties CT1, CT2 and ST3 Shrewsbury and Telford Hospital National Health Service Trust Royal Shrewsbury Hospital General Surgery ST3 to ST8 Trauma and Orthopaedics F2, CT1, CT2, ST1 to ST3 The Princess Royal Hospital General Surgery ST3 to ST8 Trauma and Orthopaedics F2, CT1, CT2, ST1 to ST3 The Royal Wolverhampton Hospitals National Health Service Trust New Cross Hospital Paediatrics including Neonatal Services ST4 to ST8 University Hospital of North Staffordshire National Health Service Trust City General Hospital and Royal Infirmary Acute Medicine ST3 to ST7 Diabetes ST3 to ST7 Elderly Care ST3 to ST7 Gastroenterology ST3 to ST7 General Medicine ST3 to ST7 Infectious Diseases ST3 to ST7 Respiratory ST3 to ST7 University Hospital Birmingham NHS Foundation Trust Queen Elizabeth Hospital Anaesthetics and Critical Care – supporting Surgical Specialties and Obstetrics CT1, CT2, ST3 to ST7 Cardiothoracic Surgery ST3 to ST8
Yorkshire and the Humber Strategic Health Authority area
Barnsley Hospital NHS Foundation Trust Barnsley Hospital Acute and Medical Specialties – Combined MAU F2, CT1, CT2, ST3 to ST8 Paediatrics ST1 to ST8 Sheffield Children’s NHS Foundation Trust Sheffield Children’s Hospital Paediatric Surgery F1, CT1, CT2, ST3 to ST8, SpR The Rotherham NHS Foundation Trust Rotherham General Hospital Anaesthetics CT1, CT2, ST3 to ST7 General Surgery/ Urology
CT1 and CT2 Oral Maxillo Facial Surgery CT1 and CT2 Paediatrics ST1 to ST8 Trauma and Orthopaedics CT1, CT2, ST1 and ST2 Wales
Abertawe Bro Morgannwg University National Health Service Trust, also known as Ymddiriedolaeth Brifysgol Gwasanaeth Iechyd Gwladol Abertawe Bro Morgannwg , and from 1st October 2009 Abertawe Bro Morgannwg University Local Health Board Singleton Hospital General Paediatrics Senior Paediatrics – Neo Natal Junior Morriston Hospital General Paediatrics Senior Neuro Surgery Junior and Senior Neath Port Talbot Hospital General Medicine (incorporating Endocrinology, Respiratory, Gastroenterology, Cardiology and Care of the Elderly) Junior Princess of Wales Hospital Paediatrics Junior and Senior
Cardiff and Vale National Health Service Trust, also known as Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Caerdydd a’r Fro , and from 1st October 2009 Cardiff and Vale University Local Health Board University Hospital of Wales Paediatrics Junior and Senior Paediatrics (neonatal intensive care unit) Junior and Senior Cwm Taf National Health Service Trust, also known as Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Cwm Taf , and from 1st October 2009 Cwm Taf Local Health Board Prince Charles Hospital Anaesthetic
Junior and Senior Paediatrics Junior and Senior Royal Glamorgan Hospital Neo Natal Junior Paediatrics Junior and Senior Gwent Healthcare National Health Service Trust, also known as Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Gofal Iechyd Gwent , and from 1st October 2009 Aneurin Bevan Local Health Board Nevill Hall Hospital Combined Paediatric/ Neo Natal Junior and Senior Royal Gwent Hospital Neo Natal Junior and Senior Paediatrics Senior
Hywel Dda National Health Service Trust, also known as Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Hywel Dda , and from 1st October 2009 Hywel Dda Local Health Board Withybush General Hospital Paediatric Junior West Wales General Hospital Paediatric Junior North Wales National Health Service Trust, also known as Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Gogledd Cymru , and from 1st October 2009 Betsi Cadwaladr University Local Health Board Glan Clwyd Hospital Obstetrics and Gynaecology Junior and Senior Paediatrics Junior and Senior Wrexham Maelor Hospital Obstetrics and Gynaecology Junior and Senior Paediatrics Junior and Senior North West Wales National Health Service Trust, also known as Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Gogledd-orllewin Cymru , and from 1st October 2009 Betsi Cadwaladr University Local Health Board Ysbyty Gwynedd Anaesthetics Junior and Senior Obstetrics and Gynaecology Senior Paediatrics/ Neo Natal Junior and Senior
Andy Burnham
Secretary of State,
Department of Health
25th June 2009


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Student Support) Regulations 2008 (Amendment) Regulations 2009.
2
These Regulations come into force on the day after they are laid before Parliament.
3
These Regulations apply in relation to England .
Amendment of the Education (Student Support) Regulations 2008
2
The Education (Student Support) Regulations 2008 are amended in accordance with regulations 3, 4, and 5.
3
In regulation 65(1), for “The maximum amount of a loan” substitute “Subject to paragraphs (2), (3) and (4), the maximum amount of a loan”.
4
After regulation 65(1) insert–
2
Notwithstanding paragraph (1) and regulation 71(2), if in the opinion of the Secretary of State the circumstances set out in paragraph (3) apply, the maximum amount of a loan for living costs or a long courses loan is increased in respect of an academic year which begins on or after 1st September 2008 and before 1st September 2009, in accordance with paragraph (4).
3
The circumstances are that –
a
the Secretary of State has notified the eligible student of the amount of a loan payable in respect of the academic year which begins on or after 1st September 2008 and before 1st September 2009 pursuant to regulation 8(3), and the amount notified has been incorrectly calculated under paragraphs 10, 11 and 12 of Schedule 4; and
b
the Secretary of State is paying or has paid the loan by way of three instalments pursuant to regulation 110(1).
4
The amount of the increase of the maximum amount is a sum equal to the difference between–
a
the amount which the eligible student would have received by way of a third instalment had the amount notified under paragraph (3)(a) been correctly calculated; and
b
the amount of the loan remaining to be paid after any action taken pursuant to regulation 110(13), including where the amount is nil.
.
5
In regulation 71(2), for “The maximum amount of the long courses loan” substitute “Subject to regulation 65(2), (3) and (4), the maximum amount of the long courses loan”.
David Lammy
Minister of State
Department for Innovation, Universities and Skills
2nd April 2009


text:
Citation and commencement
1
1
This Order may be cited as the County of Wiltshire (Electoral Changes) Order 2009.
2
This Order, other than articles 4 to 19, comes into force —
a
for the purpose of proceedings preliminary or relating to the election of councillors for county electoral divisions, on the day following the day on which the Order is made;
b
for all other purposes, on the ordinary day of election of councillors in 2009.
3
Articles 4 to 19 of this Order come into force —
a
for the purpose of proceedings preliminary or relating to the election of councillors for parishes or parish wards, on 15th October 2012;
b
for all other purposes, on the ordinary day of election of councillors in 2013.
Interpretation
2
In this Order —
“map” means the map marked “Map referred to in the County of Wiltshire (Electoral Changes) Order 2009”, of which prints are available for inspection at the principal office of the Electoral Commission: and any reference to a numbered sheet is a reference to the sheet of the map which bears that number;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 .
Electoral divisions of the county of Wiltshire
3
1
The electoral divisions of the county of Wiltshire are abolished and the County of Wiltshire (Electoral Changes) Order 2004 is revoked.
2
The county is divided into ninety-eight electoral divisions each bearing a name listed in the Schedule.
3
Each electoral division comprises the area designated on sheet 1 of the Map by the name of the electoral division and demarcated by red lines.
4
One councillor is to be elected for each electoral division.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Amesbury
4
1
The wards of the parish of Amesbury are abolished .
2
The parish is divided into two wards named respectively —
a
Amesbury East;
b
Amesbury West.
3
Each ward comprises the area designated on sheet 7 of the map by the name of the ward and demarcated by orange lines.
4
Eight councillors are to be elected for each ward.
Wards of the parish of Box
5
1
The parish of Box is divided into two wards named respectively —
a
Box;
b
Box Hill.
2
Each ward comprises the area designated on sheet 4 of the map by the name of the ward and demarcated by orange lines.
3
Ten councillors are to be elected for Box ward.
4
Five councillors are to be elected for Box Hill ward.
Wards of the parish of Bradford-on-Avon
6
1
The wards of the parish of Bradford-on-Avon are abolished .
2
The parish is divided into two wards named respectively —
a
Bradford on Avon North;
b
Bradford on Avon South.
3
Each ward comprises the area designated on sheet 7 of the map by the name of the ward and demarcated by orange lines.
4
Six councillors are to be elected for each ward.
Wards of the parish of Calne
7
1
The wards of the parish of Calne are abolished .
2
The parish is divided into four wards named respectively —
a
Calne Central;
b
Calne Chilvester and Abberd;
c
Calne North;
d
Calne South.
3
Each ward comprises the area designated on sheet 3 of the map by the name of the ward and demarcated by orange lines.
4
Five councillors are to be elected for each of the following wards —
a
Calne Central;
b
Calne North;
c
Calne South.
5
Three councillors are to be elected for Calne Chilvester and Abberd ward.
Wards of the parish of Chippenham
8
1
The wards of the parish of Chippenham are abolished .
2
The parish is divided into eight wards named respectively —
a
Chippenham Cepen Park and Derriads;
b
Chippenham Cepen Park and Redlands;
c
Chippenham Hardenhuish;
d
Chippenham Hardens and England;
e
Chippenham Lowden and Rowden;
f
Chippenham Monkton;
g
Chippenham Pewsham;
h
Chippenham Queens and Sheldon.
3
Each ward comprises the area designated on sheet 5 of the map by the name of the ward and demarcated by orange lines.
4
Three councillors are to be elected for each ward.
Wards of the parish of Corsham
9
1
The wards of the parish of Corsham are abolished .
2
The parish is divided into five wards named respectively —
a
Corsham Gastard;
b
Corsham Neston;
c
Corsham Rudloe;
d
Corsham Pickwick;
e
Corsham Town.
3
Each ward comprises the area designated on sheet 4 of the map by the name of the ward and demarcated by orange lines.
4
Seven councillors are to be elected for the following wards —
a
Corsham Pickwick;
b
Corsham Town.
5
Three councillors are to be elected for Corsham Gastard ward.
6
One councillor is to be elected for Corsham Rudloe ward.
Wards of the parish of Devizes
10
1
The wards of the parish of Devizes are abolished .
2
The parish is divided into three wards named respectively —
a
Devizes East;
b
Devizes North;
c
Devizes South.
3
Each ward comprises the area designated on sheet 6 of the map by the name of the ward and demarcated by orange lines.
4
Six councillors are to be elected for each of Devizes East ward and Devizes North ward.
5
Five councillors are to be elected for Devizes South ward.
Wards of the parish of Heywood
11
1
The wards of the parish of Heywood are abolished .
2
The parish is divided into two wards named respectively —
a
Heywood Storridge;
b
Heywood Village.
3
Each ward comprises the area designated on sheet 8 of the map by the name of the ward and demarcated by orange lines.
4
Four councillors are to be elected for Heywood Village ward.
5
Three councillors are to be elected for Heywood Storridge ward.
Wards of the parish of Marlborough
12
1
The wards of the parish of Marlborough are abolished .
2
The parish is divided into two wards named respectively —
a
Marlborough East;
b
Marlborough West.
3
Each ward comprises the area designated on sheet 6 of the map by the name of the ward and demarcated by orange lines.
4
Eight councillors are to be elected for each ward.
Wards of the parish of Melksham
13
1
The wards of the parish of Melksham are abolished .
2
The parish is divided into three wards named respectively —
a
Melksham Central;
b
Melksham North;
c
Melksham South.
3
Each ward comprises the area designated on sheet 6 of the map by the name of the ward and demarcated by orange lines.
4
Five councillors are to be elected for each ward.
Number of parish councillors for the parish of Staverton
14
Nine councillors are to be elected for the parish of Staverton.
Wards of the parish of Trowbridge
15
1
The wards of the parish of Trowbridge are abolished .
2
The parish is divided into seven wards named respectively —
a
Trowbridge Adcroft;
b
Trowbridge Central;
c
Trowbridge Drynham;
d
Trowbridge Grove;
e
Trowbridge Lambrok;
f
Trowbridge Park;
g
Trowbridge Paxcroft.
3
Each ward comprises the area designated on sheet 7 of the map by the name of the ward and demarcated by orange lines.
4
Three councillors are to be elected for each ward.
Wards of the parish of Warminster
16
1
The wards of the parish of Warminster are abolished .
2
The parish is divided into four wards named respectively —
a
Warminster Broadway;
b
Warminster Copheap;
c
Warminster East;
d
Warminster West.
3
Each ward comprises the area designated on sheet 9 of the map by the name of the ward and demarcated by orange lines.
4
Three councillors are to be elected for each ward.
Wards of the parish of Westbury
17
1
The wards of the parish of Westbury are abolished .
2
The parish is divided into three wards named respectively —
a
Westbury East;
b
Westbury North;
c
Westbury West.
3
Each ward comprises the area designated on sheet 8 of the map by the name of the ward and demarcated by orange lines.
4
Five councillors are to be elected for each ward.
Wards of the parish of Wootton Bassett
18
1
The wards of the parish of Wootton Bassett are abolished .
2
The parish is divided into three wards named respectively —
a
Wootton Bassett East;
b
Wootton Bassett North;
c
Wootton Bassett South.
3
Each ward comprises the area designated on sheet 3 of the map by the name of the ward and demarcated by orange lines.
4
Seven councillors are to be elected for each of Wootton Bassett North ward and Wootton Bassett South ward.
5
Two councillors are to be elected for Wootton Bassett East ward.
Sealed with the seal of the Electoral Commission on the 6th day of March 2009
Chief Executive of the Electoral Commission
6th March 2009


text:
Citation and commencement
1
This Order may be cited as the Civil Enforcement of Parking Contraventions (County of West Sussex) (Adur District) Designation Order 2009 and shall come into force on 5 th March 2009.
Designation of civil enforcement area and special enforcement area
2
1
The Secretary of State designates the area described in paragraph (2) as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
2
This Order applies to the area of Adur District with the exception of the A27 trunk road and its slip roads.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
12th January 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Criminal Justice and Immigration Act 2008 (Violent Offender Orders) (Notification Requirements) Regulations 2009.
2
These Regulations shall come into force on the fourteenth day after the day on which they are made.
Interpretation
2
In these Regulations —
a
a reference to a section is a reference to a section of the Criminal Justice and Immigration Act 2008; and
b
“relevant offender” means an offender subject to notification requirements.
Determination of proposed point of arrival
3
1
For the purposes of section 111(2)(b) and these Regulations, the proposed point of arrival in a country is to be determined in accordance with this regulation.
2
In a case in which a relevant offender proposes to arrive in a country by rail, sea or air, the proposed point of arrival is the first station, port or airport at which the offender proposes to disembark.
3
In any other case, the proposed point of arrival is the first place at which the offender proposes to enter the country.
Notification to be given before leaving the United Kingdom
4
A relevant offender is required to give a notification under section 111(2) if the relevant offender intends to leave the United Kingdom for a period of three days or longer.
Additional information to be disclosed under section 111(2)
5
1
In addition to the information required by section 111(2)(a) and (b), a notification under section 111(2) must also disclose the information mentioned in paragraph (2), where this is held by the relevant offender.
2
That information is —
a
where the offender proposes to travel to more than one country outside the United Kingdom, the offender’s proposed point of arrival in each such additional country;
b
the identity of any carrier or carriers the offender proposes to use for the purposes of the offender’s departure from and return to the United Kingdom, and of travelling to any other point of arrival in a country;
c
details of the offender’s accommodation arrangements for the offender’s first night outside the United Kingdom;
d
where the offender proposes to return to the United Kingdom on a particular date, that date; and
e
where the offender proposes to return to the United Kingdom at a particular point of arrival, that point of arrival.
Timing of a notification under section 111(2)
6
1
This regulation applies where a relevant offender is required to give a notification under section 111(2).
2
Where a relevant offender knows the information required to be disclosed by section 111(2)(a) and (b) more than seven days before the proposed departure date, the offender must give a notification which sets out that information and as much of the information required by regulation 5 as the offender holds —
a
not less than seven days before that date (the “seven day notification requirement”); or
b
if the relevant offender has a reasonable excuse for not complying with the seven day notification requirement, as soon as reasonably practicable but in any event not less than 24 hours before that date.
3
Where the relevant offender does not know the information required to be disclosed by section 111(2)(a) and (b) more than seven days before the proposed departure date, the offender must, as soon as reasonably practicable but in any event before the offender’s proposed departure from the United Kingdom, give a notification which sets out that information and as much of the information required by regulation 5 as the offender holds.
4
Paragraph (5) applies where a person —
a
becomes a relevant offender not more than 24 hours before the time of his intended departure from the United Kingdom, and
b
already intended to leave the United Kingdom at that time prior to becoming a relevant offender.
5
Where this paragraph applies, the relevant offender must give a notification which sets out the information required to be disclosed by section 111(2)(a) and (b) and as much of the information required by regulation 5 as the offender holds before the offender’s proposed departure from the United Kingdom.
Change to information disclosed in a notification under section 111(2)
7
1
Where —
a
a relevant offender has given a notification under section 111(2); and
b
at any time prior to the offender’s proposed departure from the United Kingdom, the information disclosed in that notification becomes inaccurate or, as a statement of all the information mentioned in regulation 5 which the offender currently holds, incomplete,
he must give a further notification under section 111(2).
2
Subject to paragraph (3), such further notification must be given not less than 24 hours before the offender’s proposed departure from the United Kingdom.
3
Where the requirement to give a further notification under paragraph (1) arises less than 24 hours before the offender’s proposed departure from the United Kingdom, such further notification must be given before the offender’s proposed departure from the United Kingdom.
Notification to be given on return to the United Kingdom
8
1
This regulation applies to a relevant offender who —
a
is required to give a notification under section 111(2),
b
has left the United Kingdom, and
c
subsequently returns to the United Kingdom.
2
Subject to paragraph (3), a relevant offender must give a notification under section 111(3) within three days of the offender’s return to the United Kingdom.
3
An offender need not give a notification under section 111(3) in any case in which the offender gave a notification under section 111(2) which —
a
disclosed a date under regulation 5(2)(d); and
b
disclosed a point of arrival under regulation 5(2)(e),
provided the offender’s return to the United Kingdom was on that date and at that point of arrival.
Information to be disclosed in a notification under section 111(3)
9
A notification under section 111(3) must disclose the relevant offender’s —
a
date of return to the United Kingdom; and
b
point of arrival in the United Kingdom.
Giving a notification
10
1
A relevant offender gives a notification under section 111(2) or (3) by —
a
attending at any police station in the offender’s local police area (within the meaning of section 112(5)), subject to paragraph (2); and
b
giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.
2
A relevant offender may give a notification under section 111(2) as required by regulation 6(3) or (5) or 7 by attending at any police station.
3
When giving a notification under section 111(2) or (3), a relevant offender must also disclose —
a
the offender’s name, or if the offender used two or more names, each of those names,
b
the offender’s home address,
c
the offender’s date of birth.
4
A relevant offender giving a further notification under section 111(2) as required by regulation 7 must inform the person to whom the notification is given of the police station at which the offender first gave a notification in respect of the journey in question under section 111(2).
Frequency of notification under section 110
11
For the purposes of section 110(5)(a) (definition of applicable period in any case where section 110(6) applies), the prescribed period is one week.
Home Office
Alan Campbell
Parliamentary Under-Secretary of State
20th July 2009


text:
Citation and commencement
1
This Order may be cited as The Traffic Management (London Borough of Lewisham) Permit Scheme Order 2009 and is to come into effect on 11th January 2010.
Interpretation
2
In this Order —
“the London Borough of Lewisham Permit Scheme” means the permit scheme set out in the Schedule to this Order in terms commonly known as the “London Permit Scheme” which was prepared and submitted to the Secretary of State by the London Borough of Lewisham and has been approved by the Secretary of State; and
“specified streets” has the meaning given by regulation 8 of the Traffic Management Permit Scheme (England) Regulations 2007 .
Commencement of Permit Scheme
3
The London Borough of Lewisham Permit Scheme comes into effect on 11th January 2010.
Application of Part 8 of The Traffic Management Permit Scheme (England) Regulations 2007
4
Part 8 of the Traffic Management Permit Scheme (England) Regulations 2007 shall apply to the specified streets within the London Borough of Lewisham Permit Scheme.
Signed by authority of the Secretary of State for Transport
C. D. Mole
Parliamentary Under Secretary of State
Department for Transport
30th November 2009


text:
Citation, commencement and interpretation
1
This Order may be cited as the Dudley and Walsall Mental Health Partnership National Health Service Trust (Originating Capital) Order 2009 and shall come into force on 31st March 2009.
Originating capital of NHS trusts
2
The originating capital of the Dudley and Walsall Mental Health Partnership National Health Service Trust shall be nil.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
9th March 2009
We consent
Bob Blizzard
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 2009


text:
Citation, commencement and extent
1
1
This Order may be cited as the National Insurance Contribution Credits (Transfer of Functions) Order 2009 and shall come into force on 6th April 2010.
2
This Order extends to England and Wales and to Scotland.
Transfer of functions
2
1
The decisions to which this article applies are to be made by the Commissioners for Her Majesty’s Revenue and Customs (rather than the Secretary of State).
2
This article applies to any decision which relates to the crediting of Class 3 contributions for a week falling after 6th April 2010 under section 23A(2) of the Social Security Contributions and Benefits Act 1992 (contributions credits for relevant carers) by virtue of the contributor concerned being a relevant carer in respect of that week under —
a
section 23A(3)(a) (persons awarded child benefit in respect of a child under the age of 12);
b
section 23A(3)(b) (foster parents, within the meaning of regulations); or
c
regulations providing, for the purposes of section 23A(3)(c) (other persons engaged in caring, within the meaning given by regulations), that a person is engaged in caring in any week if that person is the partner of a person to whom section 23A(3)(a) applies.
Decisions and appeals
3
1
The following provisions of Chapter 2 (social security decisions and appeals) of Part 1 (decisions and appeals) of the Social Security Act 1998 apply to a decision to which article 2 applies as they apply in relation to a decision of the Secretary of State mentioned in section 8(1) (decisions by the Secretary of State) of that Act.
2
The provisions are —
a
section 9 (revision of decisions);
b
section 10 (decisions superseding earlier decisions);
c
section 11 (regulations with respect to decisions);
d
section 12 (appeal to First-tier Tribunal), except for subsections (4) and (5);
e
section 13 (redetermination etc of appeals by tribunal);
f
section 14 (appeal from First-tier Tribunal to Upper Tribunal), except for subsections (3)(c) and (4) to (6);
g
section 15 (applications for permission to appeal against a decision of the Upper Tribunal);
h
section 15A (functions of Senior President of Tribunals);
i
section 16 (procedure), except for subsections (4) and (5);
j
section 17 (finality of decisions);
k
section 18 (matters arising as respects decisions), except for subsection (2);
l
section 21 (suspension in prescribed circumstances);
m
section 22 (suspension for failure to furnish information etc.), except for subsection (4);
n
section 23 (termination in cases of failure to furnish information);
o
section 25 (decisions involving issues that arise on appeal in other cases);
p
section 26 (appeals involving issues that arise on appeal in other cases);
q
section 27 (restrictions on entitlement to benefit in certain cases of error);
r
section 28 (correction of errors and setting aside of decisions), except for subsection (1A); and
s
section 39ZA (certificates).
4
1
In the application of the provisions listed in article 3(2) to a decision to which article 2 applies, any reference to the Secretary of State (other than in a reference to a decision of the Secretary of State under section 8(1)) is to have effect as a reference to the Commissioners for Her Majesty’s Revenue and Customs.
2
Paragraph (1) does not apply to references contained in sections 21 to 23.
Amendment of the Social Security Contributions and Benefits Act 1992
5
In section 23A(4)(b) of the Social Security Contributions and Benefits Act 1992, after “the Secretary of State” insert “or to the Commissioners for Her Majesty’s Revenue and Customs”.
Judith Simpson
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Armed Forces (Aliens) Regulations 2009 and come into force on 31st October 2009.
2
Section 340(1) of the Armed Forces Act 2006 shall not apply to a citizen or national of Nepal who serves, or has for not less than five years served, in the Brigade of Gurkhas.
Kevan Jones
Bill Jeffrey
Members of the Defence Council
Ministry of Defence
31st March 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use (Miscellaneous Amendments) (No.2) Regulations 2009 and shall come into force on 21st December 2009.
2
In these Regulations —
“the Marketing Authorisations Regulations ” means the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 ;
“the Sale or Supply Regulations ” means the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 .
Amendment of Schedule 1 to the Marketing Authorisations Regulations
2
1
Schedule 1 to the Marketing Authorisations Regulations (exemptions and exceptions from the provisions of regulation 3) shall be amended as follows.
2
In paragraphs 1 and 2(a) and (c) for “or supplementary prescriber” substitute “, supplementary prescriber, nurse independent prescriber or pharmacist independent prescriber”.
3
At the end of paragraph 1 add —
In this paragraph and in paragraph 2 —
“nurse independent prescriber” means a person (“N”) —
who is a registered nurse or a registered midwife, and
against whose name is recorded in the professional register an annotation signifying that N is qualified to order drugs, medicines and appliances as a nurse independent prescriber or a nurse independent/supplementary prescriber;
“pharmacist independent prescriber” means a person (“P”) —
who is a pharmacist, and
against whose name is recorded in the relevant register an annotation signifying that P is qualified to order drugs, medicines and appliances as a pharmacist independent prescriber.
.
Amendment of the Sale or Supply Regulations
3
1
The Sale or Supply Regulations shall be amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation), after the definition of “community practitioner nurse prescriber” insert —
“contact lens specialist” means a person who is a registered dispensing optician and against whose name particulars of the contact lens speciality have been entered in the register of dispensing opticians maintained under section 7(b) of the Opticians Act 1989 ;
;
“registered dispensing optician” means a person registered in the register of dispensing opticians maintained under section 7(b) of the Opticians Act 1989;
.
3
In regulation 5 (restrictions on persons to be supplied with certain medicinal products) at the end insert —
g
to a registered dispensing optician (“D”), prescription only medicines which —
i
are required for use by registered optometrists and doctors attending D’s practice but only if the medicine contains any one or more of the following substances —
Amethocaine hydrochloride,
Chloramphenicol,
Cyclopentolate hydrochloride,
Fusidic acid,
Lignocaine hydrochloride,
Oxybuprocaine hydrochloride,
Proxymetacaine hydrochloride,
Tropicamide;
ii
are required for use by D in the course of D’s professional practice as a contact lens specialist but only if the medicine contains any one or more of the following substances —
Lignocaine hydrochloride,
Oxybuprocaine hydrochloride,
Proxymetacaine hydrochloride.
.
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State,
Department of Health
17th November 2009
Michael McGimpsey
Minister of Health, Social Services and Public Safety
19th November 2009


text:
PART 1 Introduction
Title, commencement, extent and application
1
1
These Regulations may be cited as the Marketing of Fresh Horticultural Produce Regulations 2009 and come into force on 1st July 2009.
2
Regulations 1(1) and (2), 2(1) and (3), 3(1) and (2) extend to the United Kingdom.
3
Otherwise, these Regulations apply in relation to England only.
Interpretation
2
1
In these Regulations —
“Commission Regulation 1580/2007” means Commission Regulation (EC) No 1580/2007 laying down implementing rules of Council Regulations (EC) No 2200/96 , (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector as amended from time to time.
2
In these Regulations —
“authorised officer” means an officer appointed by the Secretary of State in accordance with regulation 3(5) of these Regulations;
“Community marketing rules” means the general marketing standard and the specific marketing standards covering fresh fruit and vegetables listed in Part IX of Annex I to Council Regulation 1234/2007, and includes the rules relating to those standards contained in Articles 113 and 113a of Council Regulation 1234/2007 and Title II of Commission Regulation 1580/2007;
“container” includes any basket, pail, tray, package or receptacle of any kind, whether open or closed;
“controlled” in relation to horticultural produce, means that the power conferred by regulation 12(1) (stop notice) has been exercised in relation to it and that the stop notice is for the time being in force;
“Council Regulation 1234/2007” means Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) as amended from time to time;
“general marketing standard” means the requirements of Article 113a(1) of Regulation 1234/2007 as detailed in Article 2a(1) and Part A of Annex I to Commission Regulation 1580/2007;
“horticultural produce” means fruit and vegetables listed in Part IX of Annex I to Council Regulation 1234/2007 to which Community marketing rules apply;
“label” includes any device for conveying information by written characters or other symbols, and any characters or symbols stamped or otherwise placed directly on to any horticultural produce or container, and references to the affixing of a label are construed accordingly;
“labelling defect label” has the meaning given in regulation 11;
“out-graded label” has the meaning given in regulation 10;
“premises” includes any place, vehicle or trailer, stall, vessel, container, moveable structure, aircraft, or hovercraft;
“re-graded label” has the meaning given in regulation 9;
“specific marketing standards” means the marketing standards provided for under Article 113(1)(b) of Council Regulation 1234/2007 as detailed in Article 2a(2) and Part B of Annex I to Commission Regulation 1580/2007 , and “specific marketing standard” means one of those specific marketing standards;
“stop notice label” has the meaning given in regulation 13.
3
Unless otherwise provided in this regulation, terms used in these Regulations have the same meaning as they have in Council Regulation 1234/2007 and Commission Regulation 1580/2007.
Designations, provision of information, and appointment of authorised officers
3
1
The Secretary of State is designated as the coordinating authority for the United Kingdom under Article 8(1)(a) of Commission Regulation 1580/2007.
2
In the capacity of coordinating authority for the United Kingdom, and for the purposes of fulfilling the obligations on coordinating authorities contained in the Community marketing rules, the Secretary of State may, without prejudice to disclosure pursuant to an order of a court or pursuant to a rule of law, —
a
provide information to —
i
the coordinating authorities of other member States designated under Article 8(1)(a) of Commission Regulation 1580/2007;
ii
the inspection bodies in Northern Ireland, Scotland and Wales designated under Article 8(1)(b) of Commission Regulation 1580/2007;
iii
the inspection bodies of other member States designated under Article 8(1)(b) of Commission Regulation 1580/2007;
iv
the official authorities and inspection bodies of third countries;
v
the European Commission;
b
require the inspection bodies designated under Article 8(1)(b) of Commission Regulation 1580/2007 in Northern Ireland, Scotland and Wales —
i
to provide any information which the Secretary of State has reasonable cause to believe those bodies are able to give including, but not limited to, information relating to the trader database required pursuant to Article 9 of Commission Regulation 1580/2007, information relating to the inspection and risk analysis systems referred to in Chapter II of Title II of that Regulation and information relating to the results of inspections made by the relevant inspection body;
ii
to provide any requested information which is in computerised form in a legible form.
3
The Secretary of State is designated as the inspection body for England under Article 8(1)(b) of Commission Regulation 1580/2007.
4
In the capacity of inspection body for England and for the purposes of fulfilling the obligations on inspection bodies contained in the Community marketing rules and for the enforcement of these Regulations, the Secretary of State may provide information to those mentioned in paragraph (2)(a)(i) to (v).
5
In the capacity of inspection body for England, the Secretary of State may appoint officers for the purposes of the enforcement of these Regulations, in these Regulations referred to as authorised officers.
PART 2 General offences, derogation and exercise of powers on premises
Community marketing rules offences
4
1
A person is guilty of an offence if they display, offer for sale, deliver or market in any other manner, horticultural produce in contravention of or which is not compliant with —
a
the general marketing standard, if applicable; or
b
any specific marketing standard applying to that horticultural produce.
2
Paragraph (1) does not apply in the circumstances mentioned in regulation 5.
3
A person is guilty of an offence if they fail to comply with any provision of Commission Regulation 1580/2007 mentioned in column 1 of the Schedule, as read with any provision mentioned in any corresponding entry in column 2 of that Schedule.
4
Where —
a
an authorised officer has inspected horticultural produce and found it not to be compliant with Community marketing rules, and
b
the person in charge of that horticultural produce has given an undertaking, or has been responsible for the giving of an undertaking in relation to that horticultural produce,
it is an offence for that person to act in breach of the undertaking or to cause or permit their agent or employee to act in breach of the undertaking.
5
A person is guilty of an offence if, in purporting to provide the information particulars required by Community marketing rules for horticultural produce, they give an inaccurate or false description of that horticultural produce on a label affixed to, or in a notice or document accompanying, that horticultural produce.
6
A person, other than an authorised officer, is guilty of an offence if they affix, or cause or permit to be affixed, a re-graded label, an out-graded label or a labelling defect label to the container of horticultural produce, or to the horticultural produce itself, or to any notice or document which is required by Community marketing rules to accompany that horticultural produce.
7
A person, other than an authorised officer, is guilty of an offence if they remove, conceal, deface or alter, or cause or permit to be removed, concealed, defaced or altered —
a
any notice or document which is required by Community marketing rules to accompany horticultural produce or any label required by Community marketing rules to be affixed to that horticultural produce or to its container;
b
a re-graded label, an out-graded label or a labelling defect label which has been applied by an authorised officer in the execution of these Regulations to the horticultural produce or to its container;
c
any demarcation tape or other material used by an authorised officer in accordance with regulation 8(1)(f) to identify horticultural produce or a specific lot of horticultural produce which is found not to be compliant with Community marketing rules.
8
A person is guilty of an offence if they export or import any consignment of horticultural produce to or from any place outside the European Community without a document, label or notice required by Community marketing rules to accompany that horticultural produce.
Derogation from specific marketing standards
5
Horticultural produce to which a specific marketing standard applies is not required to comply with that specific marketing standard if that horticultural produce complies with the general marketing standard and if it is —
a
presented for retail sale to consumers for their personal use;
b
labelled “product intended for processing” or with any other equivalent wording; and
c
not intended for industrial processing.
Exercise of powers on premises
6
The powers under Part 3 and Part 4 of these Regulations may not be exercised on premises, or part of any premises, used only as a dwelling-house.
PART 3 Powers of authorised officers
Powers of entry
7
1
An authorised officer may enter any premises at any reasonable hour for the purposes of the enforcement of these Regulations.
2
An authorised officer must, if requested to do so, produce a duly authenticated authorisation document.
3
An authorised officer may —
a
be accompanied by —
i
such other persons as the authorised officer considers necessary;
ii
any representative of the European Commission acting for the purpose of the enforcement of a Community obligation; and
b
bring on to the premises such equipment as the authorised officer considers necessary.
4
If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises for the purposes of enforcing these Regulations, and either —
a
admission to an authorised officer has been refused, or a refusal is expected, and (in either case) that notice of the intention to apply for a warrant has been given to the occupier; or
b
that an application for admission to the premises, or the giving of such a notice, would defeat the object of the entry, or
c
that the premises are unoccupied or the occupier is temporarily absent; or
d
that the case is one of urgency,
the justice may by signed warrant authorise the authorised officer to enter the premises, if need be by reasonable force.
5
A warrant under this regulation is valid for three months.
6
An authorised officer who enters by virtue of this regulation any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.
7
It is an offence for a person who has obtained confidential information in the course of acting for the purposes of the enforcement of these Regulations to disclose the confidential information obtained, whether it was obtained on premises entered under or by virtue of these Regulations or otherwise, unless the disclosure is made in the performance of that person’s duty or in accordance with section 17(2) of the Anti-terrorism, Crime and Security Act 2001 .
Other powers of an authorised officer
8
1
An authorised officer who has lawfully entered premises for the purposes of the enforcement of these Regulations, may for those purposes —
a
require any person to provide such assistance, information or facilities as the authorised officer may reasonably require;
b
make any enquiries, observe any activity or process, and take photographs;
c
inspect and search the premises;
d
inspect any machinery or equipment, and any other article on the premises;
e
inspect and take samples of any horticultural produce found on the premises,
f
identify, with demarcation tape or other material, horticultural produce or a specific lot of horticultural produce which is found not to be compliant with Community marketing rules;
g
inspect, seize and detain any container used in connection with horticultural produce;
h
have access to, inspect and copy any label, notice, document or record (in whatever form they are held), remove them to enable them to be copied or require copies to be made;
i
detach, or give permission to be detached, any re-graded label, out-graded label, labelling defect label or stop notice label when the reasons for their being affixed no longer apply;
j
have access to, inspect and check the data on, and operation of, any computer and any associated apparatus or material that is or has been in use in connection with a label, notice, document or record mentioned in this regulation, including data relating to deleted files and activity logs; and for this purpose may require any person having charge of, or otherwise concerned with the operation of the computer, apparatus or material to afford such assistance (including the provision of passwords) as may reasonably be required and, where these items are kept by means of a computer, may require them to be produced in a form in which they may be taken away;
k
seize any computers and associated equipment for the purpose of copying any data, but only if that authorised officer has a reasonable suspicion that an offence under these Regulations has been committed, and provided they are returned as soon as practicable;
l
seize and detain any items in sub-paragraph (h) if that authorised officer has reason to believe that they may be required as evidence in proceedings under these Regulations.
2
Where an authorised officer takes a bulk sample of horticultural produce from a specific lot in accordance with Annex VI to Commission Regulation 1580/2007 and finds that horticultural produce not to be compliant with the Community marketing rules, the power to affix —
a
a re-graded label under regulation 9(1);
b
an out-graded label under regulation 10(1);
c
a labelling defect label under regulation 11(1);
d
a stop notice label under regulation 13(1),
may be exercised in relation to all or any of the horticultural produce or containers of horticultural produce within that lot in the same way as in relation to the bulk sample taken.
3
An authorised officer must —
a
as soon as is reasonably practicable, provide to the person appearing to be responsible for any items that that authorised officer seizes and detains under paragraph (1) a written receipt identifying those items; and
b
as soon as is reasonably practicable after deciding that those items are no longer required, return them, apart from those to be used as evidence in court proceedings.
4
Where an authorised officer has seized and detained items under paragraph (1) for use in evidence in court proceedings and —
a
it is subsequently decided —
i
that no court proceedings are to be brought; or
ii
that those items are no longer needed as evidence in court proceedings; or
b
the court proceedings are completed and no order in relation to those items has been made by the court,
an authorised officer must return the items as soon as is reasonably practicable.
Power to affix a re-graded label
9
1
Where an authorised officer, who has lawfully entered premises for the purposes of the enforcement of these Regulations, finds horticultural produce subject to a specific marketing standard which has affixed to it a label or is accompanied by a notice or a document required by Community marketing rules, or is in a container to which such a label is affixed or which is accompanied by such a notice or document —
a
indicating in either case that that horticultural produce is of a particular class under the relevant specific marketing standard, but
b
which the authorised officer has reasonable cause to believe to be of an inferior class under that specific marketing standard,
the authorised officer may amend or cancel the label, notice or document and may affix to the horticultural produce, or, as the case may be, to the notice or container, a label indicating that fact (a “re-graded label”).
2
The re-graded label is a label which —
a
shows the following information —
i
the personal number assigned to the authorised officer who carried out the inspection;
ii
the date of the inspection;
iii
the logotype of the Department for Environment, Food and Rural Affairs (Defra) the design of which is displayed on the website: www.defra.gov.uk or the logotype of Defra’s successor;
iv
the logotype of the Rural Payments Agency the design of which is displayed on the website: www.rpa.gov.uk/rpa/index.nsf/home and the wording —
The Rural Payments Agency is an Executive Agency of the Department for Environment, Food and Rural Affairs (Defra)
or equivalent wording agreed by any successor to the Rural Payments Agency with the Secretary of State, and that successor’s logotype;
v
the wording —
It is an offence under the Marketing of Fresh Horticultural Produce Regulations 2009 to remove, conceal, deface or alter this label without lawful authority
;
b
shows one of the following, as appropriate —
i
the words “RE-GRADED CLASS I”; or
ii
the words “RE-GRADED CLASS II”.
Power to affix an out-graded label
10
1
Where an authorised officer, who has lawfully entered premises for the purposes of the enforcement of these Regulations, finds any horticultural produce which either has affixed to it a label or is accompanied by a notice or a document required by Community marketing rules, or is in a container to which such a label is affixed or which is accompanied by such a notice or document, indicating in either case that one of the situations in paragraphs (2) to (4) applies, an authorised officer may amend or cancel the label, notice or document and may affix to the horticultural produce, or, as the case may be, to the notice or container, a label indicating that fact (an “out-graded label”).
2
Situation 1 is where the label, notice or document indicates that horticultural produce is of a class marketable under the specific marketing standard applicable to it but the authorised officer has reasonable cause to believe that the horticultural produce does not comply with any class of that specific marketing standard but only complies with the general marketing standard.
3
Situation 2 is where the label, notice or document indicates that horticultural produce is of a class marketable under the specific marketing standard applicable to it but the authorised officer has reasonable cause to believe that the horticultural produce is not of a standard marketable under Community marketing rules.
4
Situation 3 is where the label, notice or document indicates that horticultural produce complies with the general marketing standard but the authorised officer has reasonable cause to believe that the horticultural produce is not of a standard marketable under Community marketing rules.
5
The out-graded label is a label which —
a
shows the following information —
i
the personal number assigned to the authorised officer who carried out the inspection;
ii
the date of the inspection;
iii
the logotype of the Department for Environment, Food and Rural Affairs (Defra) the design of which is displayed on the website: www.defra.gov.uk or the logotype of Defra’s successor;
iv
the logotype of the Rural Payments Agency the design of which is displayed on the website: www.rpa.gov.uk/rpa/index.nsf/home and the wording —
The Rural Payments Agency is an Executive Agency of the Department for Environment, Food and Rural Affairs (Defra)
or equivalent wording agreed by any successor to the Rural Payments Agency with the Secretary of State, and that successor’s logotype;
v
the wording —
It is an offence under the Marketing of Fresh Horticultural Produce Regulations 2009 to remove, conceal, deface or alter this label without lawful authority
;
b
shows one of the following, as appropriate —
i
in the case of paragraph (2) of this regulation the words “SPECIFIC MARKETING STANDARD OUTGRADED; GENERAL MARKETING STANDARD COMPLIANT”;
ii
in the case of paragraph (3) of this regulation the words “SPECIFIC MARKETING STANDARD OUTGRADED; GENERAL MARKETING STANDARD NON-COMPLIANT”;
iii
in the case of paragraph (4) of this regulation the words “GENERAL MARKETING STANDARD NON-COMPLIANT”.
Power to affix a labelling defect label
11
1
Where an authorised officer, who has lawfully entered premises for the purposes of the enforcement of these Regulations, finds any horticultural produce, or container holding horticultural produce, which —
a
does not have a label required by the Community marketing rules affixed to it; or
b
is not accompanied by a notice or document required by the Community marketing rules; or
c
has a label required by the Community marketing rules affixed to it, or to its container, but the label appears to the authorised officer to be incorrect (other than in relation to a particular class under the specific marketing standard applying to that horticultural produce, if applicable), or to have been altered or defaced; or
d
is accompanied by a notice or document required by the Community marketing rules but which appears to the authorised officer to be incorrect (other than in relation to a particular class under the specific marketing standard applying to that horticultural produce, if applicable), or to have been altered or defaced with the result that it is incorrect,
the authorised officer may, as appropriate, amend or cancel the label, notice or document and may affix to the horticultural produce, or, as the case may be, to the container, a label indicating that fact (a “labelling defect” label).
2
The labelling defect label is a label which shows the following information —
a
the personal number assigned to the authorised officer who carried out the inspection;
b
the date of the inspection;
c
the logotype of the Department for Environment, Food and Rural Affairs (Defra) the design of which is displayed on the website: www.defra.gov.uk or the logotype of Defra’s successor;
d
the logotype of the Rural Payments Agency the design of which is displayed on the website: www.rpa.gov.uk/rpa/index.nsf/home and the wording —
The Rural Payments Agency is an Executive Agency of the Department for Environment, Food and Rural Affairs (Defra)
or equivalent wording agreed by any successor to the Rural Payments Agency with the Secretary of State, and that successor’s logotype;
e
the wording —
It is an offence under the Marketing of Fresh Horticultural Produce Regulations 2009 to remove, conceal, deface or alter this label without lawful authority
;
f
the words “LABELLING DEFECT”.
PART 4 Controlled horticultural produce and related powers and offences
Powers to control the movement of horticultural produce
12
1
An authorised officer may, by written notice (a “stop notice”) pursuant to paragraph (2), prohibit the movement of any horticultural produce if the authorised officer reasonably suspects that an offence under these Regulations is being committed in respect of that horticultural produce.
2
The written notice referred to in paragraph (1) must be served on the person appearing to the authorised officer to be in charge of the horticultural produce concerned and must —
a
state the date and time of service of the notice;
b
identify the recipient of the notice;
c
specify the horticultural produce in relation to which the power has been exercised;
d
state the reason for its detention;
e
confirm that options for bringing the horticultural produce into conformity with the Community marketing rules within a specified time or for the appropriate sale or disposal of that horticultural produce within a specified time in such a manner that no offence under these Regulations will be committed in respect of it have been discussed between the authorised officer and the person appearing to be in charge of the horticultural produce;
f
state the location of the horticultural produce;
g
state that the horticultural produce may not be moved from that location without the written consent of an authorised officer; and
h
contain information regarding the right to a review of the written notice under this regulation, when and how it may be exercised and contact details of persons to whom notice of exercise of the right must be given.
3
The person on whom the stop notice is served, or the owner of the horticultural produce or an agent or employee acting on behalf of the owner, may request a review.
4
The request must be made in the manner provided for in paragraph (8) as soon as reasonably practicable, and in any event within the time limit specified in paragraph (5) or (7) as is applicable.
5
The time limit for a person on whom the stop notice was served is 48 hours from service of the stop notice.
6
Where the person on whom the notice is served is not the owner, or an agent or employee acting on behalf of the owner, the authorised officer must use best endeavours to identify such a person and bring the contents of the stop notice to that person’s attention within 48 hours from service of the notice.
7
The time limit for a person referred to in paragraph (6) is within 48 hours of the contents of the stop notice coming to that person’s attention or within 96 hours from the time of service of the notice whichever is the sooner.
8
A request for a review must be exercised by informing an authorised officer either in person, or by telephone to be confirmed in writing as soon as reasonably practicable, or by email or fax at the contact details indicated in the stop notice.
9
The Secretary of State must maintain arrangements for the conduct of a review by an authorised officer unconnected with the original decision to determine whether there were valid grounds for serving the stop notice.
10
The authorised officer conducting the review may cancel the notice or confirm it, with or without modification.
11
The authorised officer must complete the review as soon as reasonably practicable and in any event within 48 hours of the request, and notify the person who requested it, and, if different, the person on whom the notice was served and any other person in possession of the horticultural produce, of the outcome, as soon as reasonably practicable.
Power to affix a stop notice label
13
1
An authorised officer may affix to any controlled horticultural produce, or to any container in which the controlled horticultural produce is packed, a label warning of the exercise of the power in regulation 12(1) (a “stop notice label”).
2
The stop notice label is a label which shows the following information —
a
the personal number assigned to the authorised officer;
b
the date the stop notice label is affixed;
c
the number assigned by the authorised officer to the stop notice label;
d
the logotype of the Department for Environment, Food and Rural Affairs (Defra) the design of which is displayed on the website: www.defra.gov.uk or the logotype of Defra’s successor;
e
the logotype of the Rural Payments Agency the design of which is displayed on the website: www.rpa.gov.uk/rpa/index.nsf/home and the wording —
The Rural Payments Agency is an Executive Agency of the Department for Environment, Food and Rural Affairs (Defra)
or equivalent wording agreed by any successor to the Rural Payment Agency with the Secretary of State, and that successor’s logotype;
f
the words —
This lot is subject to a Stop Notice. Any unauthorised movement of the horticultural produce to which this label applies or the removal of this label is an offence under the Marketing of Fresh Horticultural Produce Regulations 2009
.
Controlled horticultural produce – further provision
14
1
An authorised officer may, at any time, give written consent to the movement of controlled horticultural produce and to the lifting of the stop notice.
2
An authorised officer must, upon request, give written consent to the movement of controlled horticultural produce and to the lifting of the stop notice if the circumstances in paragraph (3) apply.
3
The circumstances in which this paragraph applies are where —
a
the authorised officer is satisfied that no offence under these Regulations would be committed in respect of the horticultural produce if it were sold in circumstances in which Community marketing rules apply; or
b
the authorised officer, or another authorised officer, has been given a written undertaking that the horticultural produce will be sold or disposed of in a specified manner and the authorised officer is satisfied that if the horticultural produce is sold or disposed of in that manner no offence under these Regulations will be committed in respect of it and the authorised officer has no reason to doubt that the terms of the undertaking will be met.
4
An authorised officer must, upon request, give written consent to the movement of controlled horticultural produce if the circumstances in paragraph (5) apply.
5
The circumstances in which this paragraph applies are where —
a
the authorised officer, or another authorised officer, has been given a written undertaking to the effect that —
i
the horticultural produce will be moved to a place approved by an authorised officer;
ii
at the approved place the steps required to ensure that the horticultural produce may be sold in circumstances in which Community marketing rules apply without an offence under these Regulations being committed in respect of it will be taken;
iii
the horticultural produce will not be moved from that place without the written consent of an authorised officer; and
b
the authorised officer has no reason to doubt that the terms of the undertaking will be met.
6
A consent given by an authorised officer under this regulation must —
a
specify the horticultural produce to which it relates; and
b
where the consent is given under paragraph (4), state that the horticultural produce continues to be controlled.
Offences relating to movement of controlled horticultural produce
15
1
A person is guilty of an offence if they move controlled horticultural produce or a container with controlled horticultural produce in it, or cause or permit them to be moved without the written consent of an authorised officer.
2
A person, other than an authorised officer, is guilty of an offence if they remove or cause or permit to be removed from that controlled horticultural produce or its container a stop notice label affixed by an authorised officer under regulation 13.
3
A person is guilty of an offence if they fail to comply with the undertaking they gave for the purposes of regulation 14.
PART 5 Additional enforcement provisions
Obstruction
16
1
A person is guilty of an offence if they —
a
without reasonable excuse, proof of which shall lie on that person, obstruct an authorised officer acting for the purposes of the enforcement of these Regulations, or a person accompanying such an authorised officer under regulation 7(3)(a);
b
without reasonable excuse, proof of which shall lie on that person, fail to give an authorised officer acting for the purposes of the enforcement of these Regulations any assistance or information or to provide any record or facilities that they may reasonably require;
c
without reasonable excuse, proof of which shall lie on that person, fail to make any request for inspection when so required by Community marketing rules or fail to give any notice or information required by Community marketing rules.
2
A person who without reasonable excuse, proof of which shall lie on that person, supplies to an authorised officer acting for the purposes of the enforcement of these Regulations any information knowing it to be false or misleading is guilty of an offence.
Offence due to fault of another person
17
1
Where the commission by a person (“A”) of an offence under these Regulations was due to an act or default of another person (“B”), B is guilty of an offence.
2
B may be charged with and convicted of the offence whether or not proceedings are taken against A.
Defences
18
1
It is a defence for a person charged (“A”) with an offence under these Regulations, except for the offences in regulation 16, to prove that their actions were carried out with lawful authority or that they took all reasonable precautions and exercised all due diligence to avoid committing the offence.
2
Where A wishes to rely on the defence in paragraph (1), A must serve on the prosecutor a written notice of that fact in accordance with paragraph (4).
3
Where the defence provided by paragraph (1) involves an allegation that the commission of the offence was due to the act or default of another person, A is not, without leave of the court, entitled to rely on that defence unless A has served on the prosecutor a written notice in accordance with paragraph (4) giving such information identifying or assisting in the identification of that person as was then in A’s possession.
4
The notice must be served —
a
at least seven clear days before the hearing, and
b
where A has previously appeared before a court in connection with the alleged offence, within one month of A’s first such appearance.
Offences by bodies corporate etc.
19
1
If an offence under these Regulations committed by a body corporate is proved —
a
to have been committed with the consent or connivance of an officer, or
b
to be attributable to any neglect on their part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
2
In paragraph (1) “officer” in relation to the body corporate, means a director, manager, secretary, or other similar officer of the body, or a person purporting to act in any such capacity.
3
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with that member’s functions of management as if that member were a director of the body corporate.
4
If an offence under these Regulations committed by a partnership is proved —
a
to have been committed with the consent or connivance of a partner, or
b
to be attributable to any neglect on the part of that partner,
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
5
In paragraph (4) “partner” includes a person purporting to act as a partner.
6
If an offence under these Regulations committed by an unincorporated association (other than a partnership) is proved —
a
to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or
b
to be attributable to any neglect on the part of such an officer or member,
the officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.
7
For the purposes of proceedings brought in the name of a partnership or an unincorporated association —
a
rules of court relating to the service of documents are to have effect as if the partnership or the unincorporated association were a body corporate;
b
section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980 apply in relation to the partnership or unincorporated association as they apply in relation to a body corporate.
8
A fine imposed on a partnership or unincorporated association on its conviction of an offence under these Regulations is to be paid out of the funds of the partnership or the unincorporated association.
Penalties
20
A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
PART 6 Revocations and disapplications
Revocations
21
The following statutory instruments are revoked so far as they apply to England —
a
the Grading of Horticultural Produce (Amendment) Regulations 1973 ;
b
the Grading of Horticultural Produce (Forms of Labels) Regulations 1982 ;
c
the Grading of Horticultural Produce (Amendment) Regulations 1983 .
Disapplication
22
The following Acts do not apply in England to horticultural produce —
a
the Agriculture and Horticulture Act 1964 and the Horticultural Produce Act 1986 which modifies it;
b
the Agricultural Produce (Grading and Marking) Acts 1928 and 1931 ;
c
the Agricultural Marketing Act 1958 .
Jane Kennedy
Minister of State
Department for Environment, Food and Rural Affairs
3rd June 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2009 and shall come into force on 31st October 2009.
2
In this Order —
“ 2006 Act ” means the Armed Forces Act 2006 ;
“Code” means the code of practice set out in the Schedule;
“material” means material of all kinds, including information and objects;
“service court” means the Summary Appeal Court, the Service Civilian Court, the Court Martial or the Court Martial Appeal Court;
“service investigation” means an investigation conducted by a service policeman with a view to it being ascertained —
whether a person should be charged with a service offence; or
whether a person charged with a service offence is guilty of it; and
“service police force” means the Royal Navy Police, the Royal Military Police or the Royal Air Force Police.
3
In this Order —
a
subject to sub-paragraphs (b) and (c), “service policeman” means a member of a service police force;
b
a Provost Marshal is to be taken to be a member of the appropriate service police force (if he is not a member of that force);
c
an officer in the Royal Air Force or the Royal Auxiliary Air Force who is appointed to exercise functions conferred by or under the 2006 Act on service policemen is to be taken to be a member of the Royal Air Force Police.
Revocation
2
1
Subject to paragraph (2), the Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2008 is revoked.
2
Where the Code applies in relation to a suspected or alleged service offence, the rules of common law which —
a
were effective immediately before 1st April 2008, and
b
relate to the matter mentioned in paragraph (3),
shall not apply in relation to the suspected or alleged service offence.
3
The matter is the revealing of material by a service policeman charged with the duty of conducting a service investigation to a person involved in the prosecution of service offences.
Code of practice
3
Subject to article 7(2), and to paragraph 11 of the Code, the Code shall have effect in relation to service investigations which begin on or after this Order comes into force.
Effect of the Code
4
A failure by a service policeman to comply with any provision of the Code shall not in itself render him liable to proceedings for a service offence.
5
In all proceedings before a service court the Code shall be admissible in evidence.
6
If it appears to a service court conducting proceedings that —
a
any provision of the Code, or
b
any failure by a service policeman,
is relevant to any question arising in the proceedings, the provision or failure shall be taken into account in deciding the question.
Transitional provisions
7
1
In this Order —
a
“commencement” means the date on which this Order comes into force;
b
“old code” means the code of practice under the Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2008;
c
“SDA offence” means an offence committed before commencement under the Army Act 1955 , the Air Force Act 1955 , the Naval Discipline Act 1957 , the Armed Forces Act 1991 or the Reserve Forces Act 1996 ;
d
“service offence” includes an SDA offence.
2
Where immediately before commencement the old code applied in relation to a service investigation the Code shall apply in relation to it, but anything done in relation to the investigation before commencement in accordance with the old code shall be treated as being done in accordance with the Code.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
14th April 2009


text:
Citation and commencement
1
This Order may be cited as Her Majesty’s Chief Inspector of Prisons (Specified Public Authority) Order 2009 and shall come into force on 1st April 2009.
Specified public authority
2
The Care Quality Commission is a specified public authority for the purposes of paragraph 4(j) of Schedule A1 (further provision about Her Majesty’s Chief Inspector of Prisons) to the Prison Act 1952.
Signed by authority of the Secretary of State
David Hanson
Minister of State
Ministry of Justice
5th March 2009


text:
Title, commencement and interpretation
1
1
The title of this Order is the ublic Health Wales National Health Service Trust (Establishment) Order 2009 and it comes into force on 1 August 2009.
2
In this Order —
“the Act” (“ y Ddeddf ”) means the National Health Service (Wales) Act 2006;
“establishment date” (“ dyddiad sefydlu ”) means 1 August 2009;
“operational date” (“ dyddiad g eithredol ”) has the meaning assigned to it in paragraph 5(5) of Schedule 3 to the Act;
“the trust” (“ yr ymddiriedolaeth ”) means the Public Health Wales National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is established an NHS trust which is called the Public Health Wales National Health Service Trust or Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Iechyd Cyhoeddus Cymru.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 18(1) of the Act.
2
The trust’s functions are:
a
to provide to or in relation to the health service in Wales and manage a range of public health, health protection, healthcare improvement, health advisory, child protection and microbiological laboratory services and services relating to the surveillance, prevention and control of communicable diseases;
b
to develop and maintain arrangements for making information about matters related to the protection and improvement of health in Wales available to the public in Wales; to undertake and commission research into such matters and to contribute to the provision and development of training in such matters;
c
to undertake the systematic collection, analysis and dissemination of information about the health of the people of Wales in particular including cancer incidence, mortality and survival; and prevalence of congenital anomalies; and
d
to provide, manage, monitor, evaluate and conduct research into screening of health conditions and screening of health related matters.
Directors of the trust
4
The trust has, in addition to the chairman, 6 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust is 1 October 2009.
2
The accounting date of the trust is 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust has the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
23 July 2009


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Wireless Telegraphy (Vehicle Based Intelligent Transport Systems) (Exemption) Regulations 2009 and shall come into force on 4th February 2009.
2
These Regulations shall not extend to the Bailiwick of Guernsey.
Interpretation
2
In these Regulations —
“ dBm ” means decibels of power referenced to one milliWatt;
“ e.i.r.p. ” means equivalent isotropic radiated power;
“ ETSI ” means the European Telecommunications Standards Institute;
“intelligent transport system” means a system or service, based on information and communications technologies, including processing, control, positioning, communication and electronics, that is applied to a road transportation system;
“ MHz ” means megahertz; and
“vehicle” means any motor vehicle intended for travel on land and propelled by mechanical power, but not running on rails, and any trailer, whether or not coupled.
Exemption
3
The installation and use of apparatus within the frequency band 5875 MHz to 5905 MHz complying with the terms, provisions and limitations in regulation 4 is hereby exempt from the provisions of section 8(1) of the Wireless Telegraphy Act 2006.
Terms, provisions and limitations
4
The apparatus must —
a
be, or be part of, a safety-related intelligent transport system;
b
be within or fixed to a vehicle;
c
only emit emissions which when measured in any direction have —
i
a maximum mean e.i.r.p. density of 23 dBm per MHz; and
ii
a maximum mean e.i.r.p. of 33 dBm;
d
use techniques to mitigate interference that provide at least equivalent performance to the techniques described in ETSI standard EN 302 571 ; and
e
not cause or contribute to undue interference to any wireless telegraphy.
Ed Richards
Chief Executive of the Office of Communications
For and by authority of the Office of Communications
20th January 2009