text:
General
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010, and come into force on 1st October 2010.
2
In these Regulations —
a
any reference to a numbered section is to that section of the Energy Act 2008;
b
any reference to a provision contained in a Schedule includes a reference to a provision having identical legal effect to such a provision; and
c
any reference (except in paragraph (4)) to an EU instrument, or a provision of such an instrument, is to that instrument or provision as amended from time to time.
3
In these Regulations —
“appraisal term” has the meaning given by regulation 3(2)(a);
“the authority” (except in regulation 9) means the Secretary of State as licensing authority under section 18(2)(a) or section 18(2)(d) or both;
“CO 2 ” means carbon dioxide;
“corrective measures plan” has the meaning given by regulation 7(6);
“ the Directive ” means Directive 2009/31/ EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/ EEC , European Parliament and Council Directives 2000/60/EC , 2001/80/EC , 2004/35/EC , 2006/12/EC , 2008/1/EC and Regulation (EC) No 1013/2006 ;
“the Environmental Liability Directive ” means Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage ;
“the ETS Directive” means Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC ;
“financial security” includes —
a charge over a bank account or any other asset;
a deposit of money;
a performance bond or guarantee;
an insurance policy;
a letter of credit;
“general exploration licence” means any licence granted by the authority under section 18(1) which authorises only activities within section 17(2)(c) and the establishment or maintenance of an installation in a controlled place for the purpose of such activities and which —
does not grant to the holder or holders the sole right to carry out exploration of a controlled place, and
is issued in combination with —
a licence under section 4 to explore any controlled place with a view to carrying on activities within section 2(3)(a) to (d) and establish or maintain an installation in a controlled place for the purposes of such exploration, or
a licence under section 3 of the Petroleum Act 1998 to search for petroleum in any area below the low water line or in the seaward areas as defined by regulation 3(1)(a) of the Petroleum (Production) (Seaward Areas) Regulations 1988 ;
“injection” means injection of CO 2 into a storage site;
“legislation” means legislation in force in the United Kingdom (whether passed, or made, before or after the commencement of these Regulations);
“licence” (except in regulation 9) means a licence (other than a general exploration licence) granted by the authority under section 18(1) in respect of —
activities within section 17(2)(a) to (c) and a controlled place which is not in, under or over the territorial sea adjacent to Scotland, or
the establishment or maintenance in a controlled place which is not in, under or over the territorial sea adjacent to Scotland of an installation for the purposes of activities within section 17(2),
(and “licence holder” is to be construed accordingly);
“licensed area” means the area within which activities are authorised under the licence;
“monitoring plan” has the meaning given by regulation 7(5);
“operator”, in relation to a storage permit, means the person who carries on or (where different) controls activities at the storage site;
“post-closure plan” has the meaning given by regulation 13(3) or (4);
“provisional post-closure plan” has the meaning given by regulation 13(2);
“storage permit” means a consent granted under a licence, authorising the use of a place as a storage site;
“target date” has the meaning given by regulation 11(3)(a).
4
The following expressions have the meanings given by Article 3 of the Directive (and cognate expressions are to be construed accordingly) —
“closure” (in relation to a storage site);
“corrective measures”;
“CO 2 plume”;
“CO 2 stream”;
“exploration”;
“hydraulic unit”;
“leakage”;
“migration”;
“significant irregularity”;
“significant risk”;
“storage complex”;
“storage site”;
“substantial change”;
“waste”;
“water column”.
Licences
Limitation on licensing powers
2
A licence may not be granted for the purpose of storing CO 2 in the water column.
Applications for a licence
3
1
An application for a licence must be —
a
made in writing and sent to the Department of Energy and Climate Change, and
b
accompanied by a fee of £ 2,100.
2
The application must include —
a
a request that the licence specify a period (the “appraisal term”) during which the licence holder has the right to explore the licensed area before making an application for a storage permit, or
b
if no such period is requested, a statement of the reasons why such exploration is not considered necessary.
Appraisal term or initial term
4
1
The appraisal term may not exceed the period necessary to —
a
generate the information necessary to select a storage site, and
b
prepare the documents required for an application under regulation 6.
2
Subject to paragraph (1), the appraisal term may be extended by the authority at the written request of the licence holder, under the conditions laid down by the licence, provided that the authority is satisfied that any exploration so far carried out has been in accordance with the licence.
3
If the licence does not include an appraisal term —
a
the licence must specify a period as the “initial term” for the purpose of paragraph (4)(a), but
b
that initial term may be extended under the conditions laid down by the licence.
4
The licence expires (unless sooner terminated in accordance with its provisions) —
a
at the end of the appraisal term or the initial term, if no application for a storage permit is made before that date, or
b
if such an application is refused, when that refusal is notified to the licence holder.
Content of a licence
5
A licence must include the provisions contained in Schedule 1.
Storage permits
Applications for a storage permit
6
1
The licence holder may, under the conditions laid down by the licence, apply to the authority for a storage permit in respect of a storage site within the licensed area.
2
Where the licence includes an appraisal term, the application may not be made unless the exploration required by the licence has been completed, and all other terms and conditions of the licence have been complied with.
3
An application must contain at least the following —
a
the name and address of the proposed operator;
b
evidence of the matters referred to in regulation 7(1)(a) to (d);
c
in relation to the CO 2 that is to be contained within the storage site —
i
the total quantity that is to be injected and stored;
ii
a proposed date on which injection is to commence;
iii
the prospective sources and transport methods;
iv
the composition of the CO 2 streams that are to be injected;
v
the proposed injection rates and pressures;
vi
the proposed location of the injection facilities;
d
a description of measures to prevent any significant irregularities;
e
a proposed monitoring plan drawn up in accordance with Annex II to the Directive and that takes into account the obligations imposed on the operator under legislation implementing Article 14 of the ETS Directive;
f
a proposed corrective measures plan;
g
the proposed provisional post-closure plan drawn up in accordance with regulation 13(1);
h
the information required to be provided in relation to the storage site under legislation implementing Article 5 of Council Directive 85/337/EEC ;
i
details of financial security that will satisfy the requirements in paragraph 7(1) of Schedule 2, including proof that (if the storage permit is granted) such a security will be in force before the proposed date on which injection is to commence.
4
The authority must forward to the European Commission —
a
the permit application (within one month after receipt); and
b
any other related material that the authority proposes to take into account in considering the application.
Grant of storage permits
7
1
Before granting a storage permit the authority must be satisfied that —
a
the storage complex and surrounding area have been sufficiently characterised and assessed in accordance with the criteria set out in Annex I to the Directive,
b
no part of the storage complex extends beyond the territories of the member States,
c
under the proposed conditions of use of the storage site, there is no significant risk of leakage or of harm to the environment or human health, and
d
the conditions in paragraph (3) are met.
2
For the purposes of paragraph (1)(b), the territory of a member State includes its exclusive economic zone and continental shelf within the meaning of Articles 55 and 76 of the United Nations Convention on the Law of the Sea .
3
The conditions are that the proposed operator —
a
is technically competent (including in the operation of environmental management systems), financially sound, and can be relied upon to carry out the functions of an operator, and
b
has in place an appropriate programme of professional and technical development and training.
4
Where more than one proposed storage site is contained within the same hydraulic unit, before granting a storage permit for either site the authority must be satisfied that the requirements for the grant of such a permit can be met simultaneously.
5
In considering the application for the storage permit the authority may —
a
approve the proposed monitoring plan, or
b
require the applicant to make such modifications to it as the authority (after consulting the applicant) considers necessary,
and (if the permit is granted) the monitoring plan is the plan as so approved or modified.
6
In considering the application for the storage permit the authority may —
a
approve the proposed corrective measures plan, or
b
require the applicant to make such modifications to it as the authority (after consulting the applicant) considers necessary,
and (if the permit is granted) the corrective measures plan is the plan as so approved or modified.
7
If the authority is minded to grant a storage permit —
a
the authority must forward a draft of the proposed permit to the European Commission, together with any material taken into consideration that has not already been provided under regulation 6(4); and
b
the authority must before granting the permit consider any opinion on the draft that is issued under Article 10(1) of the Directive.
Content of storage permits
8
1
A storage permit must include at least the following —
a
the name and address of a single person who is a holder of the licence and who is designated as the operator of the storage site;
b
the precise location and delimitation of the storage site and the storage complex, and any relevant information concerning the hydraulic unit;
c
the operational requirements for storage, including —
i
the total quantity of CO 2 authorised to be stored;
ii
the reservoir pressure limits; and
iii
the maximum injection rates and pressures;
d
the provisions relating to acceptance and injection of CO 2 ;
e
any other requirements relating to injection and storage that the authority considers necessary, in particular to prevent significant irregularities;
f
requirements designed to prevent any undue interference with other uses of the area surrounding the storage site;
g
the provisions relating to monitoring, including the monitoring plan;
h
the provisions relating to reporting, and notification of leakages and significant irregularities;
i
the provisions relating to notification and implementation of changes, and to review and modification or revocation of the permit;
j
the corrective measures plan, and the provisions relating to corrective measures;
k
the conditions for closure of the storage site;
l
the provisional post-closure plan; and
m
the provisions relating to financial security.
2
In this regulation, “provisions” means provisions contained in Schedule 2.
Public register
Information to be published on the register
9
1
The information prescribed for the purposes of section 29 is the information to which paragraph (2) applies.
2
This paragraph applies to the following information —
a
the particulars of each licence and storage permit granted;
b
the particulars of each storage site (including a storage site that has been closed).
3
The particulars referred to in paragraph (2)(a) are —
a
the terms and conditions of the licence;
b
the names and addresses of all past and present licence holders, including the dates on which they became or ceased to be a licence holder;
c
the names and addresses of all persons (past and present) organising or supervising activities under the licence before the storage permit is granted, including the dates on which they began or ceased to do so;
d
the terms and conditions of the storage permit;
e
the names and addresses of all past and present operators under the storage permit, including the dates on which they began or ceased to be the operator;
f
any written opinion received from the Commission under Article 10(1) of the Directive, and any statement of the authority’s reasons for departing from that opinion under Article 10(2);
g
any modifications of the terms and conditions of the licence or the storage permit (including the date on which the modification came into effect);
h
where the licence has terminated or been surrendered, the date of such termination or surrender;
i
where the storage permit has been revoked, the date of and reasons for such revocation.
4
The particulars referred to in paragraph (2)(b) are —
a
the reports, and any notifications, sent to the authority in accordance with the provisions of the storage permit;
b
details of any directions given by the authority in respect of corrective measures or measures for the protection of human health, and of any such measures taken by the operator or by the authority;
c
the current amount of the financial security maintained in accordance with the provisions of the storage permit;
d
where the storage site has been closed —
i
the date of closure;
ii
maps and sections showing the spatial extent of the storage site and storage complex;
iii
the post-closure plan.
5
In addition, the Secretary of State may include on the register maintained under section 29(1) —
a
any other information that the authority that granted the storage permit considers relevant for assessing whether the CO 2 will be completely and permanently contained in the storage site (but this is subject to section 29(2)), and
b
an estimate by that authority of the total storage capacity of the storage site.
6
In this regulation —
a
“the authority” means any licensing authority within the meaning of section 18(2);
b
“licence” means a licence granted by the authority under section 18(1); and
c
“licence holder”, “operator” and “storage permit” are to be construed accordingly.
Powers and duties of the authority
Corrective measures
10
1
This regulation applies where —
a
a significant irregularity or a leakage has been detected, and
b
the licence under which the storage permit is granted is still in force,
but does not apply where the storage permit has been revoked.
2
Without prejudice to the obligations of the operator under paragraph 6 of Schedule 2, or to the powers of the authority under section 24 —
a
the authority may direct the operator to take any corrective measures (and any measures for the protection of human health) that the authority, after consulting the operator, considers necessary; and
b
if the operator fails to take the measures so directed, the authority must exercise its powers under paragraph (4).
3
The measures directed to be taken under paragraph (2)(a) may be additional to, or different from, those set out in the corrective measures plan.
4
Whether or not a direction has been given under paragraph (2) or under section 24 —
a
the authority may at any time take such measures itself (or arrange for another person to take them on the authority’s behalf); and
b
the costs of doing so are to be paid by the operator.
5
Section 24(5) to (8) applies to action taken under paragraph (4) as it applies to action taken under section 24(4).
Review, modification and revocation of storage permit
11
1
Where a notification is made under paragraph 4(1) of Schedule 2, the authority —
a
may make such modifications to the storage permit as the authority considers appropriate, and
b
must notify the operator of —
i
the date on which any such modifications are to come into effect, and
ii
the date on which the change in question may be implemented.
2
However, where it appears to the authority that the matters so notified would amount to a substantial change, the authority must —
a
make such modifications to the storage permit as the authority considers appropriate (and make a notification in accordance with paragraph (1)(b)), or
b
notify the operator that the change may not be implemented.
3
The authority must make a notification under paragraph (1)(b) or (2) on or before —
a
the date (“the target date”) on which the operator proposes to implement a change notified under paragraph 4(1) of Schedule 2, or
b
any later date the authority considers is required in order for it to make such a notification.
4
The authority shall notify the operator of a later date pursuant to paragraph (3)(b) —
a
no less than one week before the target date, or
b
if one or more later dates have already been notified by the authority pursuant to this paragraph, no less than one week before the date last notified.
5
This paragraph applies where the authority becomes aware of —
a
any (or any risk of) leakages or significant irregularities;
b
any breach of the terms or conditions of the storage permit; or
c
any scientific finding or technological development which appears to have a bearing on the conduct of operations at the storage site.
6
The authority must consider whether to modify or revoke the storage permit —
a
where paragraph (5) applies, and
b
in any event, on the date (“the review date”) falling on the fifth anniversary of the grant of the storage permit, and subsequently on every tenth anniversary of the review date.
7
Following that consideration, the authority may —
a
make such modifications to the storage permit as the authority considers appropriate, or
b
if it decides that modification of the permit would be insufficient in the light of the matters referred to in paragraph (5), revoke the permit.
8
Before making any revocation or modification under this regulation, the authority must consult the operator and any other holder of the licence.
Consequences of revocation of a storage permit
12
1
This regulation applies where the authority has revoked the storage permit under regulation 11(7).
2
The authority must then either —
a
close the storage site, or
b
consider any application for a new licence (and, if such a licence is granted, for a new storage permit) in respect of the storage site.
3
Following the procedure under paragraph (2)(b) —
a
if no new storage permit is granted, the authority must close the storage site (but the existing licence continues in force);
b
if a new storage permit is granted, the existing licence terminates on the date of that grant.
4
Until the storage site is closed, or the new storage permit is granted, the authority is deemed to be the operator of the site for the purposes of the following obligations —
a
in relation to the acceptance and injection of CO 2 ;
b
in relation to monitoring;
c
in relation to corrective measures;
d
in relation to the surrender of allowances under legislation implementing the ETS Directive; and
e
under legislation implementing Articles 5(1) and 6(1) of the Environmental Liability Directive.
5
Where the storage site is closed under paragraph (2)(a) or (3)(a), the authority —
a
is deemed to be the operator of the storage site for the purposes of the obligations referred to in paragraph (4)(b) to (e), and
b
must ensure that the storage site is sealed and the injection facilities removed (but this is without prejudice to the obligations of any person under Part 4 of the Petroleum Act 1998 ).
6
The holder of the existing licence must pay to the authority any costs incurred in meeting the authority’s obligations under paragraph (4) or (5); and section 24(6) and (7) applies to the recovery of such costs as it applies to the recovery of costs under section 24(5).
7
In this regulation, “existing licence” means the licence under which the revoked storage permit was granted.
Closure of storage site and post-closure period
Post-closure plan
13
1
Before applying for a storage permit, the licence-holder must draw up a proposed provisional post-closure plan that is —
a
based on best practice, and
b
in accordance with Annex II to the Directive.
2
Before granting a storage permit, the authority must —
a
approve that proposed plan, or
b
require the operator to make such modifications to it as the authority (after consulting the operator) considers necessary,
and the provisional post-closure plan is the plan as so approved or modified.
3
The authority may —
a
approve a proposed post-closure plan submitted to it for approval in accordance with paragraph 3(1) of Schedule 1, or
b
require the operator to make such modifications to it as the authority (after consulting the operator) considers necessary,
and the post-closure plan is the plan as so approved or modified.
4
Where the authority is deemed to be the operator in accordance with regulation 12(5), the post-closure plan is the provisional post-closure plan with such modifications as the authority considers necessary.
Post-closure obligations
14
The closure of the storage site is without prejudice to the obligations of the operator —
a
under legislation implementing Articles 5 to 8 of the Environmental Liability Directive, or
b
relating to the surrender of allowances under legislation implementing the ETS Directive.
Environmental Liability Directive
Environmental Damage (Prevention and Remediation) Regulations 2009
15
In Schedule 2 to the Environmental Damage (Prevention and Remediation) Regulations 2009 , after paragraph 10 insert —
11
The operation of storage sites pursuant to Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide.
.
Marland
Parliamentary Under Secretary of State
Department of Energy and Climate Change
Date 6th September 2010


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
This Order may be cited as the Town and Country Planning (Blight Provisions) (England) Order 2010 and shall come into force on 1st April 2010.
2
This Order applies to England.
Limit of annual value
2
The amount prescribed for the purposes of section 149(3)(a) of the Town and Country Planning Act 1990 is £34,800.
Revocation
3
The Town and Country Planning (Blight Provisions) (England) Order 2005 is revoked .
Signed by the authority of the Secretary of State for Communities and Local Government
Ian Austin
Parliamentary Under Secretary of State
Department for Communities and Local Government
25th February 2010


text:
1
This Order may be cited as the Extradition Act 2003 (Amendment to Designations) Order 2010 and shall come into force on the expiry of one week beginning with the day on which it was made.
2
Article 2(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 is amended by inserting “Libya,” below “Liberia,”.
3
Article 4(2) of the same Order is amended by inserting “Libya (65 days)” below “Liberia (95 days)”.
West of Spithead
Parliamentary Under Secretary of State
Home Office
18th March 2010


text:
1
These Regulations may be cited as the Landfill Tax (Amendment) Regulations 2010 and come into force on 1st April 2010.
2
In regulation 31(3) of the Landfill Tax Regulations 1996 (entitlement to credit) for “6.0” substitute “5.5”.
Steve Lamey
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
23rd March 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Independent Educational Provision in England) (Provision of Information) Regulations 2010 and come into force on 1st January 2011.
2
They apply to independent educational institutions in England which are independent schools , except that —
a
these Regulations do not apply to a school —
i
established as a city technology college or a city college for the technology of the arts before 26th July 2002 by an agreement under section 482 of the Education Act 1996 ; and
ii
which is not an Academy; and
b
regulations 4 and 5 and paragraph 3(6) to (12) of Part 2 of the Schedule do not apply to Academies .
Interpretation
2
In these Regulations —
“the 2008 Act ” means the Education and Skills Act 2008;
“accuracy statement” means a statement that, to the best of the knowledge and belief of the person making it, the information contained in the document to which the statement relates is accurate;
“application” means an application under section 98(1) of the 2008 Act for an independent school to be entered on the register ;
“school” means an independent school.
Application for registration of an independent school
3
An application must —
a
be made in writing;
b
state the first date on which the school intends to admit students;
c
contain the information specified in Part 2 of the Schedule; and
d
contain an accuracy statement made by the proprietor.
Initial return
4
1
If requested to do so by the Secretary of State, the proprietor of a registered school must provide the Secretary of State with an initial return for the school.
2
An initial return must —
a
be made in writing;
b
contain the information specified in Part 3 of the Schedule; and
c
contain an accuracy statement made by the proprietor or a person authorised by the proprietor to make the statement on the proprietor’s behalf.
3
An initial return must be provided within three months of —
a
the admission date; or
b
if the Secretary of State’s request for the initial return was made after the admission date, the date of the request.
4
“The admission date” is the first date on which —
a
five or more students are admitted to the school, if the school is an independent school by virtue of section 463(1)(a) of the Education Act 1996; or
b
one student is admitted to the school, if the school is an independent school by virtue of section 463(1)(b) of that Act.
Annual return
5
1
If requested to do so by the Secretary of State, the proprietor of a registered school must provide the Secretary of State with an annual return for the school.
2
An annual return must —
a
be made in writing;
b
be made up to the date specified by the Secretary of State;
c
contain the information specified in Part 4 of the Schedule; and
d
contain an accuracy statement made by the proprietor or a person authorised by the proprietor to make the statement on the proprietor’s behalf.
3
An annual return must be provided within one month of the date specified by the Secretary of State by virtue of paragraph (2)(b).
Removal of a school from the register
6
1
If the Secretary of State is satisfied that the proprietor of a school has failed to comply with a requirement of regulation 4 or 5, the Secretary of State may remove the school from the register.
2
If the Secretary of State makes a decision under paragraph (1) to remove a school from the register, the Secretary of State must notify the proprietor of the school of the decision.
3
A decision under paragraph (1) to remove a school from the register does not have effect during the period in which —
a
an appeal may be brought under section 124 of the 2008 Act against the decision; or
b
where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.
Revocation
7
The Education (Provision of Information by Independent Schools) (England) Regulations 2003 and the Education (Provision of Information by Independent Schools) (England) (Amendment) Regulations 2004 are revoked.
Nick Gibb
Minister of State
Department for Education
7th December 2010


text:
This Order may be cited as the General Medical Council (Marking of the General Practitioner Register) Regulations Order of Council 2010 and comes into force on 1st April 2010.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Terrorism Act 2006 (Disapplication of Section 25) Order 2010 and shall come into force on 25th July 2010.
Disapplication of section 25 of the Terrorism Act 2006
2
Section 25 of the Terrorism Act 2006 is disapplied for a period of six months beginning with the coming into force of this Order.
Theresa May
Secretary of State
Home Office
22nd July 2010


text:
Citation
1
This Order may be cited as the Academies Act 2010 (Commencement and Transitional Provisions) (Amendment) Order 2010.
Amendment of the Academies Act 2010 (Commencement and Transitional Provisions) Order 2010
2
In Column 1 of the table in Schedule 3 to the Academies Act 2010 (Commencement and Transitional Provisions) Order 2010 omit “Section 12(4)”.
Jonathan Hill
Parliamentary Under Secretary for Schools
Department for Education
22nd December 2010


text:
Citation and commencement
1
This Order may be cited as the Regulation of Investigatory Powers (Extension of Authorisation Provisions: Legal Consultations) Order 2010 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order —
a
“legal consultation” means —
i
a consultation between a professional legal adviser and his client or any person representing his client, or
ii
a consultation between a professional legal adviser or his client or any such representative and a medical practitioner made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings;
b
“inquiry” means an inquiry under the Inquiries Act 2005 ;
c
“medical practitioner” means a person registered under the Medical Act 1983 ; and
d
“premises” has the meaning given in section 48(8) of the Regulation of Investigatory Powers Act 2000.
Extension of authorisation provisions: legal consultations
3
1
Directed surveillance that is carried out in relation to anything taking place on so much of any premises specified in paragraph (2) as is, at any time during the surveillance, used for the purpose of legal consultations shall be treated for the purposes of Part II of the Regulation of Investigatory Powers Act 2000 as intrusive surveillance.
2
The following premises are specified for the purposes of paragraph (1):
a
any place in which persons who are serving sentences of imprisonment or detention, remanded in custody or committed in custody for trial or sentence may be detained;
b
any place in which persons may be detained under paragraph 16(1), (1A) or (2) of Schedule 2 or paragraph 2(2) or (3) of Schedule 3 to the Immigration Act 1971 or section 36(1) of the UK Border Act 2007 ;
c
any place in which persons may be detained under Part VI of the Criminal Procedure (Scotland) Act 1995 , the Mental Health (Care and Treatment) (Scotland) Act 2003 or the Mental Health Act 1983 ;
d
police stations;
e
the place of business of any professional legal adviser; and
f
any place used for the sittings and business of any court, tribunal, inquest or inquiry.
David Hanson
Minister of State
Home Office
25th February 2010


text:
PART 1 Introductory
Citation, commencement and interpretation
1
1
This Order may be cited as the Pharmacy Order 2010 (Approved European Pharmacy Qualifications) Order 2010 and comes into force on 27th September 2010.
2
In this Order —
“appropriate European diploma” has the meaning given in article 2; and
“reference date”, in relation to a relevant European State, means the date specified in relation to that State in the column entitled “Reference date” in Annex V, point 5.6.2 of the Directive.
3
References in this Order to “competent authority” have effect only in relation to the practise of pharmacy by pharmacists.
4
References in this Order to any provision of the Directive are references to that provision of the Directive as amended from time to time.
Appropriate European diplomas
2
1
Appropriate European diplomas are designated as being approved qualifications for the purposes of entry in Part 1 of the Register.
2
Subject to article 7, the following diplomas are “appropriate European diplomas” for the purposes of paragraph (1) —
a
a diploma listed in Annex V, point 5.6.2 of the Directive which has been granted in a relevant European State after its reference date and which is evidence of training commenced after that date, provided that that diploma is accompanied, where appropriate, by the certificate listed in relation to that State in the column of Annex V, point 5.6.2 of the Directive entitled “Certificate accompanying the diploma”; or
b
any diploma which —
i
subject to article 3, has been granted in a relevant European State before its reference date or which is evidence of training commenced before that date but completed on or after that date,
ii
subject to article 4, was awarded by the competent authority of, or which is evidence of training started in, the territory specified in column (b) of the table in the Schedule before the date specified in the corresponding entry in column (a) of that table,
iii
subject to article 5, is evidence of training commenced before 3 October 1990 and undertaken in the territory of the former German Democratic Republic, or
iv
subject to article 6, does not fall within paragraphs (i) to (iii) and is not listed in Annex V, point 5.6.2 of the Directive but which is a diploma in pharmacy granted in a relevant European State on or after its reference date.
Conditions relating to diplomas, whether listed or not, awarded in respect of training before a relevant European State’s reference date
3
A diploma to which article 2(2)(b)(i) applies is only an appropriate European diploma if —
a
in the case of a diploma listed in Annex V, point 5.6.2 of the Directive —
i
the Registrar is satisfied (by means of a certificate from the relevant competent authority or otherwise) that the diploma guarantees that the holder’s training satisfied the requirements of Article 44 of the Directive (requirements for pharmacists’ training), and
ii
the diploma is accompanied, where appropriate, by the certificate listed in relation to the relevant European State in which the diploma was awarded in the column of Annex V, point 5.6.2 of the Directive entitled “Certificate accompanying the diploma”;
b
in the case of a diploma which is not listed in Annex V, point 5.6.2 of the Directive, the diploma is accompanied by a certificate from the competent authority of the relevant European State in which the diploma was awarded which certifies that the diploma —
i
is evidence of training which satisfies the requirements of article 44 of the Directive, and
ii
is treated by the competent authority of the relevant European State in which it was awarded as equivalent to a diploma listed in relation to that State in Annex V, point 5.6.2 of the Directive,
and the certificate is made available to the Registrar; or
c
whether or not the diploma is listed in Annex V, point 5.6.2 of the Directive, the competent authority of a relevant European State has certified that the holder has, in a relevant European State, been effectively and lawfully engaged in the practice of an activity open to pharmacists in that State for at least three consecutive years during the five years preceding the date of the certificate, and the certificate is made available to the Registrar.
Conditions relating to old diplomas granted in respect of training commenced in the former Czechoslovakia, the former Soviet Union or the former Yugoslavia
4
A diploma to which article 2(2)(b)(ii) applies is only an appropriate European diploma if —
a
the competent authority of the relevant European State specified in the appropriate row of column (c) of the table in the Schedule has certified that the diploma has, on its territory, the same legal validity as regards access to the practice of pharmacy as the diploma listed in Annex V, point 5.6.2 of the Directive in respect of their State;
b
that competent authority has also certified that the holder of the diploma has, in the relevant European State specified in the appropriate row of column (c) of the table in the Schedule, been effectively and lawfully engaged in the practice of an activity open to pharmacists in that State for at least three consecutive years during the five years preceding the date of that certificate; and
c
the certificate is made available to the Registrar.
Conditions relating to old diplomas granted in respect of training commenced in the former German Democratic Republic
5
A diploma to which article 2(2)(b)(iii) applies is only an appropriate European diploma if —
a
the diploma entitles its holder to practise pharmacy throughout the territory of Germany on the same conditions as those that apply to the holder of a diploma listed in Annex V, point 5.6.2 of the Directive in respect of Germany; and
b
the competent authority in Germany has certified that the holder of the diploma has been effectively and lawfully engaged in the practice of an activity open to pharmacists in Germany for at least three consecutive years during the five years preceding the date of that certificate, and the certificate is made available to the Registrar.
Conditions relating to new diplomas
6
A diploma to which article 2(2)(b)(iv) applies is only an appropriate European diploma if the competent authority of the relevant European State that has awarded it has certified that the diploma —
a
is evidence of training that satisfies the requirements of article 44 of the Directive, and
b
it is treated by that competent authority as equivalent to a diploma listed in Annex V, point 5.6.2 of the Directive in respect of that State; and
c
the certificates are made available to the Registrar.
Justified doubts
7
A diploma is only an appropriate European diploma if —
a
in a case where the Council (including its Registrar) has justified doubts about the authenticity of the evidence of the diploma made available to the Council and has required the relevant competent authority’s confirmation of the authenticity of the evidence, the relevant competent authority has confirmed the authenticity of the evidence;
b
in a case where the Council (including its Registrar) has justified doubts about whether the holder of the diploma has completed training which satisfies the requirements of Article 44 of the Directive, and has required of the relevant competent authority confirmation of completion of such training, the relevant competent authority has confirmed completion of such training; and
c
in a case where the Council (including its Registrar) has justified doubts concerning training received in a relevant European State other than that in which the diploma was awarded, and has required confirmation of the relevant competent authority in accordance with Article 50(3) of the Directive, the relevant competent authority has provided confirmation in accordance with that article.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Local Authorities (Petitions) (England) Order 2010 and shall come into force on 15th June 2010.
2
In this Order —
“ the Act ” means the Local Democracy, Economic Development and Construction Act 2009;
“licensing decision” means —
any decision in relation to —
an application for the grant, variation or review of any authorisation under Part 3 or 4 of the Licensing Act 2003 (premises licences and club premises certificates) , or
a hearing or appeal in respect of any such application;
any decision in relation to —
an application for the grant, renewal or transfer of a licence under Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (control of sex establishments) ,
a request for the variation of any term, condition or restriction contained in such a licence, or
the revocation of such a licence;
any decision in relation to —
an application for a licence, permit or registration under the Gambling Act 2005 ,
a request for the variation of any term, condition or restriction associated with any such licence, permit or registration, or
the revocation of any such licence, permit or registration; and
any enforcement decision made under any of the Acts mentioned in sub-paragraphs (a) to (c) above, or subordinate legislation made under those Acts;
“the Planning Acts ” means the Town and Country Planning Act 1990 , the Planning (Listed Building and Conservation Areas) Act 1990 , the Planning (Hazardous Substances) Act 1990 and the Planning Act 2008 ;
“planning decision” means —
any decision on an application under the Planning Acts or subordinate legislation made under those Acts for any agreement, approval, consent or permission,
any enforcement decision relating to any development within the meaning of those Acts , or
any decision in relation to the preparation, revision or adoption of a development plan document within the meaning of section 37(3) of the Planning and Compulsory Purchase Act 2004 or community infrastructure levy charging schedule within the meaning of section 211(1) of the Planning Act 2008; and
“right of recourse to a review” does not include any right to make a complaint to the Commission for Local Administration pursuant to Part 3 of the Local Government Act 1974 .
3
This Order applies in relation to England only.
Excluded matters
2
Subject to article 3, for the purposes of subsection (1)(a) of section 14 of the Act (requirement to take steps), the following matters are not to be regarded as relating to a function of a principal local authority —
a
any matter relating to a planning decision;
b
any matter relating to a licensing decision;
c
any other matter relating to an individual or entity in respect of which that individual or entity has a right of recourse to a review or right of appeal conferred by or under any enactment.
Systematic failure in discharge of functions not an excluded matter
3
A matter does not fall within article 2 if it consists of an allegation that a function for which the authority is responsible has not been discharged at all or that its discharge has failed or is failing on a systematic basis, notwithstanding the fact that the allegation specifies or refers to a planning decision, a licensing decision or a matter of the description referred to in paragraph (c) of that article.
Specified number for petition requiring debate
4
1
The number to be specified by an authority pursuant to section 15(4) of the Act (requirement to debate) must be no greater than 5% of the total local authority population.
2
For the purposes of paragraph (1) “total local authority population” means the estimate of the population of the area of the authority contained in the Registrar General’s population estimates for England and Wales published by the Office of National Statistics.
Signed by authority of the Secretary of State for Communities and Local Government
Barbara Follett
Parliamentary Under Secretary of State
Department for Communities and Local Government
22nd March 2010


text:
Citation application and commencement
1
These Regulations may be cited as the Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010; they apply in England and come into force on 6th April 2010.
Amendment to the Sludge (Use in Agriculture) Regulations 1989
2
The Sludge (Use in Agriculture) Regulations 1989 are amended by inserting the following after regulation 9 —
Civil sanctions
10
1
The Environment Agency may impose a fixed monetary penalty, variable monetary penalty, restoration notice, compliance notice or stop notice, or accept an enforcement undertaking, in relation to an offence under regulation 9 for contravening a provision in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.
Table of civil sanctions
Provision of these Regulations Fixed monetary penalty Variable monetary penalty Restoration notice Compliance notice Stop notice Enforcement undertaking
regulation 3 No Yes Yes Yes Yes Yes regulation 4 Yes Yes No No Yes Yes regulation 5 Yes Yes No No No Yes regulation 6(1) No Yes No Yes No Yes regulation 7(1) No Yes No Yes No Yes regulation 7(2) Yes Yes No Yes No Yes regulation 8(3)(a) No Yes No No Yes Yes regulation 8(3)(b) No Yes Yes No Yes Yes regulation 8(4) No Yes Yes No Yes Yes
2
The terms used in this regulation have the same meaning as in that Order.
3
The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.
4
This regulation applies only in England.
.
Amendment to the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000
3
The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 are amended by inserting the following after regulation 13 —
Civil sanctions
13A
1
The Environment Agency may impose a fixed monetary penalty, variable monetary penalty or compliance notice, or accept an enforcement undertaking, in relation to an offence specified in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.
Table of civil sanctions
Offence under these Regulations Fixed monetary penalty Variable monetary penalty Compliance notice Enforcement undertaking
regulation 13(1) Yes Yes Yes Yes regulation 13(2)(a) Yes Yes Yes Yes regulation 13(2)(b) Yes Yes No Yes regulation 13(2)(c)(i) Yes Yes No Yes regulation 13(2)(c)(ii) Yes Yes No Yes regulation 13(2)(c)(iii) Yes Yes No Yes regulation 13(3) Yes Yes No Yes regulation 13(4)(a) No Yes No No regulation 13(4)(b) No Yes No No regulation 13(4)(c) No Yes No No
2
The terms used in this regulation have the same meaning as in that Order.
3
The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.
4
This regulation applies only in England.
.
Amendment to the Control of Pollution (Oil Storage) (England) Regulations 2001
4
The Control of Pollution (Oil Storage) (England) Regulations 2001 are amended by adding after regulation 9 —
Civil sanctions
10
1
The Environment Agency may impose a fixed monetary penalty, variable monetary penalty, restoration notice or stop notice, or accept an enforcement undertaking, in relation to an offence under regulation 9 as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.
2
The terms used in this regulation have the same meaning as in that Order.
3
The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.
.
Amendment to the Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003
5
The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 are amended by inserting the following after regulation 9 —
Civil sanctions
9A
1
The Environment Agency may impose a variable monetary penalty, restoration notice, compliance notice or stop notice, or accept an enforcement undertaking, in relation to an offence under regulation 9(4) as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.
2
The terms used in this regulation have the same meaning as in that Order.
3
The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.
4
This regulation applies only in England.
.
Amendment to the Hazardous Waste (England and Wales) Regulations 2005
6
The Hazardous Waste (England and Wales) Regulations 2005 are amended by inserting the following after regulation 65 —
Civil sanctions
65A
1
The Environment Agency may impose a variable monetary penalty, restoration notice, compliance notice or stop notice, or accept an enforcement undertaking, in relation to an offence under regulation 68 or under regulation 65 for a failure to comply with a provision in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.
Table of civil sanctions
Offence under these Regulations Variable monetary penalty Restoration notice Compliance notice Stop notice Enforcement undertaking
regulation 19 Yes Yes Yes Yes Yes regulation 20 Yes Yes Yes Yes Yes regulation 22 Yes No No No Yes regulation 34 Yes No Yes No Yes regulations 35 to 44 Yes No Yes No Yes regulation 46 and Schedule 7 Yes No Yes No Yes regulation 47 Yes No Yes No Yes regulation 48 Yes No Yes No Yes regulation 49 Yes No Yes No Yes regulation 50 Yes No Yes No Yes regulation 51 Yes No Yes No Yes regulation 53 Yes No No No Yes regulation 54 Yes No No No Yes regulation 55 Yes No No No No regulation 62 Yes Yes Yes Yes No regulation 68 Yes No No No No
2
The terms used in this regulation have the same meaning as in that Order.
3
The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.
4
This regulation applies only in England.
.
Amendment to the Environmental Impact Assessment (Agriculture) (England) ( No. 2) Regulations 2006
7
The Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006 are amended by inserting the following after regulation 30 —
Civil sanctions
30A
1
Natural England may impose a fixed monetary penalty or variable monetary penalty, or accept an enforcement undertaking, in relation to an offence specified in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.
Table of civil sanctions
Offence under these Regulations Fixed monetary penalty Variable monetary penalty Enforcement undertaking
regulation 22(1) Yes Yes Yes regulation 23 Yes Yes Yes regulation 24(1) No Yes No regulation 26(1) No Yes No regulation 30(8) No Yes No
2
The terms used in this regulation have the same meaning as in that Order.
3
The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.
.
Amendment to the Producer Responsibility Obligations (Packaging Waste) Regulations 2007
8
The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 are amended by inserting the following after regulation 40 —
Civil sanctions
40A
1
The Environment Agency may impose a fixed monetary penalty or variable monetary penalty, or accept an enforcement undertaking, in relation to an offence specified in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.
Table of civil sanctions
Offence under these Regulations Fixed monetary penalty Variable monetary penalty Enforcement undertaking
regulation 40(1)(a) Yes Yes Yes regulation 40(1)(b) No Yes Yes regulation 40(1)(c) Yes No No regulation 40(3) No Yes Yes regulation 40(7) No Yes No regulation 40(8)(a) No Yes Yes regulation 40(8)(b) Yes No No
2
The terms used in this regulation have the same meaning as in that Order.
3
The provisions of that Order in relation to those sanctions apply as if they were provisions of those Regulations.
4
This regulation applies only in England.
.
Amendment to the Transfrontier Shipment of Waste Regulations 2007
9
The Transfrontier Shipment of Waste Regulations 2007 are amended by inserting the following after regulation 59 —
Civil sanctions
59A
1
The Environment Agency may impose a variable monetary penalty, or accept an enforcement undertaking, in relation to an offence specified in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.
Table of civil sanctions
Offence under these Regulations Variable monetary penalty Enforcement undertaking
regulation 17 Yes Yes regulation 18 Yes Yes regulation 19(2) Yes Yes regulation 19(3) Yes Yes regulation 20(2) Yes Yes regulation 21 Yes Yes regulation 22(2) Yes Yes regulation 23 Yes Yes regulation 24(2) Yes Yes regulation 25 Yes Yes regulation 26 Yes Yes regulation 27(2) Yes Yes regulation 28 Yes Yes regulation 29(2) Yes Yes regulation 30(2) Yes Yes regulation 31 Yes Yes regulation 32(2) Yes Yes regulation 33(2) Yes Yes regulation 34(2) Yes Yes regulation 35(2) Yes Yes regulation 36 Yes Yes regulation 37(2) Yes Yes regulation 38(2) Yes Yes regulation 38(3) Yes Yes regulation 38(4) Yes Yes regulation 39(2) Yes Yes regulation 40(2) Yes Yes regulation 41(2) Yes Yes regulation 42(2) Yes Yes regulation 43 Yes Yes regulation 44(2) Yes Yes regulation 52(1) Yes No regulation 53(a) Yes No regulation 53(b) Yes No regulation 53(c) Yes No regulation 54(a) Yes No regulation 54(b) Yes No
2
The terms used in this regulation have the same meaning as in that Order.
3
The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.
4
This regulation applies only in England and the marine area adjacent to England.
.
Amendment to the Nitrate Pollution Prevention Regulations 2008
10
The Nitrate Pollution Prevention Regulations 2008 are amended by inserting the following after regulation 48 —
Civil sanctions
48A
1
The Environment Agency may impose a fixed monetary penalty, variable monetary penalty, restoration notice, compliance notice or stop notice, or accept an enforcement undertaking, in relation to any offence under these Regulations, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.
2
The terms used in this regulation have the same meaning as in that Order.
3
The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.
.
Jim Fitzpatrick
Minister of State
Department for Environment Food and Rural Affairs
26th March 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Higher Education (Basic Amount) (England) Regulations 2010.
2
These Regulations come into force on 1st September 2012 immediately after the coming into force of the Higher Education (Higher Amount) (England) Regulations 2010 .
3
These Regulations apply in relation to England.
Interpretation
2
In these Regulations —
“the 2004 Act ” means the Higher Education Act 2004;
“overseas institution” means an institution other than one in England, Wales, Scotland, Northern Ireland, the Channel Islands or the Isle of Man;
“sandwich course” has the meaning given in regulation 2(10) of the Education (Student Support) Regulations 2009 .
Application of the new basic amount
3
The basic amounts prescribed in regulations 4 and 5 apply in relation to the qualifying fees payable by a qualifying person in connection with undertaking a qualifying course where the first academic year of that course begins on or after 1st September 2012.
Prescribed basic amount from 1st September 2012
4
Subject to regulation 5, for the purpose of section 24 of the 2004 Act the basic amount is £6,000.
Prescribed basic amount for specified courses from 1st September 2012
5
For the purpose of section 24 of the 2004 Act the basic amount is £3,000 in the following cases —
a
the final academic year of a course where that academic year is normally required to be completed after less than 15 weeks’ attendance;
b
in respect of a sandwich course, an academic year —
i
during which any periods of full time study are in aggregate less than 10 weeks; or
ii
if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full time study at the institution (disregarding intervening vacations) exceeds 30 weeks;
c
in respect of a course provided in conjunction with an overseas institution, an academic year —
i
during which any periods of full time study at the institution in the United Kingdom are in aggregate less than 10 weeks; or
ii
if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks.
Amendment to the Student Fees (Amounts) (England) Regulations 2004
6
1
The Student Fees (Amounts) (England) Regulations 2004 are amended as follows —
2
In regulation 6 before “higher amounts” insert “basic and”.
Vince Cable
Secretary of State for Business, Innovation and Skills
Department for Business, Innovation and Skills
22nd December 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Chief Executive of Skills Funding (Strategy for Greater Manchester) Order 2010 and comes into force on 1st April 2010.
2
In this Order —
“ the Act ” means the Apprenticeships, Skills, Children and Learning Act 2009;
“the Chief Executive” means the Chief Executive of Skills Funding;
“the Commission” means the Commission for the New Economy Limited ;
“Greater Manchester” means the metropolitan county of Greater Manchester.
Specified area and body
2
For the purposes of section 112(1) of the Act —
a
Greater Manchester is specified as an area; and
b
the Commission is specified as the body in relation to that area.
Specified functions of the Chief Executive
3
For the purposes of section 112(1) of the Act the specified functions of the Chief Executive are —
a
the duty of the Chief Executive in section 86(1)(a) of the Act to secure the provision of reasonable facilities for education suitable to the requirements of persons who are aged 19 or over, other than persons aged under 25 who are subject to learning difficulty assessment;
b
the duty of the Chief Executive in section 86(1)(b) to secure the provision of reasonable facilities for education suitable to the requirements of persons who are subject to adult detention;
c
the duty of the Chief Executive in section 86(1)(c) of the Act to secure the provision of reasonable facilities for training suitable to the requirements of persons within section 86(1)(a) and (b);
d
the power of the Chief Executive in section 110(6) of the Act to secure the provision of facilities and services for providing information, advice or guidance about education or training or connected matters (including employment).
Kevin Brennan
Minister for Further Education, Skills, Apprenticeships and Consumer Affairs
Department for Business, Innovation and Skills
1st March 2010


text:
Citation and commencement
1
1
These Regulations may be cited as the Immigration (Biometric Registration) (Amendment) Regulations 2010.
2
These Regulations shall come into force on the day after the day on which they are made.
Amendments to the Immigration (Biometric Registration) Regulations 2008
2
1
The Immigration (Biometric Registration) Regulations 2008 are amended as follows.
2
In regulation 4 (specified categories) —
a
after paragraph (m) omit “or”;
b
after paragraph (n) insert —
o
as a Tier 1 (General) Migrant;
p
as a Tier 1 (Entrepreneur) Migrant;
q
as a Tier 1 (Investor) Migrant;
r
as a Tier 1 (Post-Study Work) Migrant; or
s
as a Tier 5 (Temporary Worker) Migrant.
.
Damian Green
Minister of State
Home Office
13th December 2010


text:
Citation and commencement
1
These Regulations may be cited as the Gaming Duty (Amendment) Regulations 2010 and come into force on 1st October 2010.
Interpretation
2
In these Regulations “quarter” means the first three months of an accounting period.
Application and revocation
3
1
These Regulations apply in the case of payments on account of gaming duty for any quarter that ends on or after 31st October 2010.
2
The Gaming Duty (Amendment) Regulations 2008 are revoked.
The amount of payments on account
4
For the purpose of calculating payments on account of gaming duty in the cases to which these Regulations apply, substitute the following Table for the Table in regulation 5 of the Gaming Duty Regulations 1997 :
Table
Part of gross gaming yield Rate
The first £987,500 15 per cent The next £680,750 20 per cent The next £1,192,500 30 per cent The next £2,516,750 40 per cent The remainder 50 per cent
Bernadette Kenny
Melanie Dawes
Two of the Commissioners for Her Majesty’s Revenue and Customs
24th June 2010


text:
Citation, commencement and interpretation
1
This Order may be cited as the Trade Union Ballots and Elections (Independent Scrutineer Qualifications) (Amendment) Order 2010 and shall come into force on 6th April 2010.
Amendments to the Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 1993.
2
For Article 7 of the Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 1993 , substitute —
7
The following persons are specified for the purpose of the relevant provisions —
Association of Electoral Administrators;
DRS Data Services Limited;
Electoral Reform Services Limited;
Involvement and Participation Association;
Opt2Vote Limited; and
Popularis Limited.
Lord Young of Norwood Green
Minister of State for Employment Relations and Postal Affairs
Department for Business, Innovation and Skills
22nd February 2010


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Austria) Order 2010.
Double taxation and international tax enforcement arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Protocols set out in the Schedule to this Order, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Austria) Order 1970 , have been made with the Government of the Republic of Austria;
b
the arrangements have been made with a view to affording relief from double taxation in relation to income tax, corporation tax, capital gains tax and taxes of a similar character imposed by the laws of the Republic of Austria and for the purpose of assisting international tax enforcement; and
c
it is expedient that those arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 2) Regulations 2010 and shall come into force on the 1st of November 2010.
2
The Value Added Tax Regulations 1995 are amended as follows.
3
1
In the title to regulation 38A after “goods” insert “or services”.
2
In regulation 55C(6) after “goods” (in each place) insert “or services”.
3
In regulation 58(2)(g) after “goods” insert “or services”.
Melanie Dawes
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
9th September 2010


text:
Citation and commencement
1
These Rules may be cited as the Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2010 and come into force on 6 th April 2010.
Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991
2
The Family Proceedings Courts (Children Act 1989) Rules 1991 are amended in accordance with rules 3 to 9.
3
In the Arrangement of Rules, after the entry for rule 14, insert —
14A Timetable for the Child in proceedings for a care order or supervision order
.
4
In rule 2(5) —
a
after paragraph (c) insert —
cc
in accordance with rule 16A(1) except that a single justice may only give permission under rule 16A(1)(g) for a person to be present at a directions appointment or a hearing which that justice is conducting,
; and
b
in paragraph (e), for “10 to 19” substitute “10 to 16, 17 to 19”.
5
In rule 4 in paragraph (1A) —
a
in sub-paragraph (a)(i), after “C100,”, insert “C110,”;
b
for sub-paragraph (a)(ii) substitute —
ii
supplemental Forms C10, C11, C12 and C13A to C20 as appropriate,
; and
c
after sub-paragraph (a)(ii) insert —
iiA
in the case of an application for a care order or supervision order, such of the documents specified in the Annex to Form C110 as are available, and
.
6
In rule 14(2), after “paragraph (5)”, insert “and rule 14A”.
7
After rule 14 insert —
Timetable for the Child in proceedings for a care order or supervision order
14A
1
In proceedings for a care order or supervision order, the court shall set the timetable of the proceedings in accordance with the Timetable for the Child.
2
The “Timetable for the Child” means the timetable set by the court in accordance with its duties under sections 1 and 32 and shall —
a
take into account dates of the significant steps in the life of the child who is the subject of the proceedings; and
b
be appropriate for that child.
.
8
In rule 16A, after paragraph (5), insert —
5A
A justices’ clerk may give permission under paragraph (1)(g) for a person to be present at a directions appointment or a hearing which that clerk is conducting.
.
9
In Schedule 1 —
a
in the list of forms —
i
in the entry for Form C1, for the words in the third column, substitute “Children Act 1989 except care and supervision orders, Section 8 orders and orders related to enforcement of a contact order”;
ii
after the entry for Form C100, in the first column insert “C110”, in the second column “Application” and in the third column “under the Children Act 1989 for a care order or supervision order”; and
iii
omit the entry for Form C13;
b
for Form C1, substitute the form set out in Part 1 of the Schedule to these Rules;
c
after Form C100, insert Form C110 as set out in Part 2 of the Schedule to these Rules; and
d
omit Form C13.
Transitional provisions relating to care and supervision orders
10
Where proceedings for a care order or supervision order have been commenced before these Rules come into force, the Family Proceedings Courts (Children Act 1989) Rules 1991 shall apply to those proceedings as if rule 5 had not been made.
Lord Judge, C.J .
I concur
Michael Wills
Minister of State
Ministry of Justice
10th March 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Learning and Skills Council for England (Strategy for Greater Manchester) Order 2010 and comes into force on 4th March 2010.
2
In this Order —
3
“ the Act ” means the Learning and Skills Act 2000;
4
“the Commission” means the Commission for the New Economy Limited ;
5
“the Council” means the Learning and Skills Council for England”;
6
“Greater Manchester” means the metropolitan county of Greater Manchester.
Specified area and body
2
For the purposes of section 24A(1) of the Act —
a
Greater Manchester is specified as an area; and
b
the Commission is specified as the body in relation to that area.
Specified functions of the Council
3
For the purposes of section 24A(1) of the Act the specified functions of the Council are —
a
the duty of the Council in section 3(1)(a) of the Act to secure the provision of reasonable facilities for education (other than higher education) suitable to the requirements of persons who have attained the age of 19;
b
the duty of the Council in section 3(1)(b) of the Act to secure the provision of reasonable facilities for training suitable to the requirements of such persons;
c
the power of the Council in section 12(6) of the Act to secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).
Kevin Brennan
Minister for Further Education, Skills, Apprenticeships and Consumer Affairs
Department for Business, Innovation and Skills
9th February 2010


text:
Citation and commencement
1
1
This Order may be cited as the Concessionary Bus Travel Act 2007 (Variation of Reimbursement and Other Administrative Arrangements) Order 2010.
2
The following provisions of this Order come into force on 1st May 2010 —
a
this article, and
b
for the purposes listed in paragraph (4), article 2(1) and (3).
3
The following provisions of this Order come into force on 1st April 2011 —
a
article 2(1) and (3), so far as not already in force, and
b
articles 2(2) and 3 to 5.
4
The purposes mentioned in paragraph (2)(b) are —
a
enabling a non-unitary county council, pursuant to sections 149 and 150 of the Transport Act 2000 , to publish proposals for reimbursement arrangements in respect of journeys beginning on or after 1st April 2011 and to agree or determine such arrangements,
b
enabling an operator who may be affected by such arrangements, or proposed arrangements, to apply for a modification of the arrangements under section 150 of that Act, and
c
enabling the Secretary of State to take such steps as are necessary to determine any such application and to give a direction in relation to the application under section 150 of that Act.
5
In this article —
“non-unitary county council” means a council of a county in England except so far as it is the council for an area for which there are no district councils;
“reimbursement arrangements” means arrangements for the reimbursement of operators of services for providing concessions under section 145A of the Transport Act 2000.
Amendment of section 146 of Transport Act 2000
2
1
In section 146 of the Transport Act 2000 (mandatory travel concessions: definitions) the definition of “travel concession authority” is amended as follows.
2
For paragraph (a) substitute —
a
a council of a non-metropolitan district in England comprised in an area for which there is no county council,
.
3
For paragraph (b) substitute —
b
a county council in England,
.
Transport Act 2000: transitional provision
3
1
Paragraph (2) applies for the purposes of the reimbursement of an operator of a service for providing a concession under section 145A of the Transport Act 2000 in respect of a journey beginning —
a
before 1st April 2011, and
b
in an area in England for which there is a both a county council and a district council.
2
Sections 149 and 150 of that Act (reimbursement by travel concession authority) have effect as if, despite the amendments made by article 2, the district council, rather than the county council, were the travel concession authority for the area.
3
The amendments made by article 2 do not prevent a council of a non-metropolitan district in England comprised in an area for which there is a county council from continuing proceedings for an offence under section 148 of the Transport Act 2000 that were instituted by the district council before 1st April 2011
Amendment of section 93 of Transport Act 1985
4
In paragraph (a) of section 93(8) of the Transport Act 1985 (travel concession schemes: definition of “local authority”) —
a
after “means” insert —
i
a county council in England,
ii
a council of a non-metropolitan district in England comprised in an area for which there is no county council,
iii
,
b
omit “England and”, and
c
after “Wales or” insert —
iv
.
Transport Act 1985: transitional provision
5
1
In the case of a travel concession scheme established under section 93 of the Transport Act 1985 before 1st April 2011 by a relevant district council (whether alone or with another authority or other authorities) —
a
for the purposes of that section and the provisions of Part 5 of that Act relating to schemes under that section, despite the amendments made by article 4, the council continues to be the authority, or as the case may be, one of the authorities responsible for the administration of the scheme, but
b
the scheme does not have effect for the purposes of journeys beginning on or after 1st April 2011.
2
In this article “relevant district council” means —
a
a council of a non-metropolitan district in England comprised in an area for which there is a county council, or
b
a metropolitan district council.
Signed by authority of the Secretary of State
Sadiq Khan
Minister of State
31st March 2010
Department for Transport


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Registration of Births, Deaths and Marriages (Fees) Order 2010 and shall come into force on 6 th April 2010.
2
In this Order-
a
a reference to a numbered column is to the column in the Schedule to this Order bearing that number;
b
the “ 1949 Act ” means the Marriage Act 1949 ;
c
the “ 1953 Act ” means the Births and Deaths Registration Act 1953 ;
d
a “priority service” in column (3) is a service in respect of a matter or case specified in column (3) provided to a person who, by paying the corresponding fee in column (4) and giving the relevant information, makes an application to the Registrar General by 1600 hours on any working day and which is normally provided on or before the next working day by sending by first class post or to a person attending in person at the General Register Office between 1000 hours and 1600 hours;
e
a “standard service” in column (3) is a service in respect of a matter or case specified in column (3) provided to a person who, by paying the corresponding fee in column (4) and giving the relevant information, makes an application to the Registrar General by 1600 hours on any working day and which is normally provided either –
i
in a case where that application includes a reference number relating to an index kept by the Registrar General under section 65(1) of the 1949 Act or section 30(1) or (1A) of the 1953 Act on or before the 4 th working day after the working day on which such application is made; or
ii
in a case where that application does not include such a reference number on or before the 15 th working day after the working day on which such application is made
by sending by second class post or to a person attending in person at the General Register Office between 1000 hours and 1600 hours;
f
“relevant information” means-
i
in the case of a short certificate of birth provided under section 33(1) of the 1953 Act, the particulars prescribed by Regulation 63 of the Registration of Births and Deaths Regulations 1987 ; and
ii
in the case of a certified copy of an entry provided under section 65(2) of the 1949 Act or section 30(2) of the 1953 Act, either a reference number relating to an index kept by the Registrar General under section 65(1) of the 1949 Act or section 30(1) or (1A) of the 1953 Act corresponding to the certified copy for which the application is made, or sufficient information which allows the Registrar General to establish such reference number; and
g
“working day” means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.
Fees payable
2
In each enactment specified in column (2) in relation to which there is an entry in column (5), for the sum specified in column (5) there is substituted the sum specified in relation to it in column (4); and the fee payable in England and Wales under each of the enactments specified in column (2) in respect of a matter or case specified in column (3) is that specified in relation to that matter or case in column (4).
Revocations
3
The Registration of Births, Deaths and Marriages (Fees) Order 2002 and the Registration of Births, Deaths and Marriages (Fees) (Amendment) Order 2005 are revoked.
Meg Hillier
Parliamentary Under-Secretary of State
Home Office
24th February 2010


text:
PART 1
Preliminary
Citation, commencement and application
1
This Scheme —
a
may be cited as the Fishing Boats (Electronic Transmission of Fishing Activities Data) (England) Scheme 2010;
b
comes into force on 7th July 2010; and
c
applies in England.
Interpretation
2
In this Scheme —
“application” means an application for a grant and “applicant” is to be construed accordingly;
“approved software” means software specified in a list published by the Secretary of State under paragraph 3(1);
“eligible English fishing boat” means an English fishing boat within the meaning of section 30(3) of the Fisheries Act 1981 that —
has its port of administration in England at the date of application; and
exceeds 15 metres length overall within the meaning of the EU
Regulation;
“the EU Regulation” means —
until 31st December 2010, the provisions relating to recording and transmission of fishing activities data set out in —
Articles 1 to 3 of Council Regulation
( EC ) No. 1966/2006
on electronic recording and reporting of fishing activities and on means of remote sensing ; and
Chapter 2 of Commission Regulation (EC) No. 1077/2008
laying down detailed rules for the implementation of Council Regulation
(EC) No. 1966/2006
on electronic recording and reporting of fishing activities and on means of remote sensing and repealing Regulation
(EC) No. 1566/2007
;
on and after 1st January 2011, the provisions relating to recording and transmission of fishing activities data set out in Section 1 of Chapter 1 of Title 4 of Council Regulation
(EC) No. 1224/2009
establishing a Community control system for ensuring compliance with the rules of the common fisheries policy ;
“fishing activities data” means the logbook data, transhipment declaration data and landing declaration data required under the EU Regulation to be recorded and transmitted by electronic means;
“grant” means a grant under this Scheme;
“port of administration” means the port from which the licence granted in respect of a fishing boat under section 4 of the Sea Fish (Conservation) Act 1967 is issued; and
“supplier” means a supplier specified in a list published by the Secretary of State under paragraph 3(1) in respect of approved software.
PART 2
Grant for approved software
Approved software
3
1
The Secretary of State must publish a list specifying —
a
software that is capable of —
i
electronically recording fishing activities data; and
ii
electronically transmitting fishing activities data in the required format; and
b
the suppliers of the software.
2
The list must be published in a manner that will ensure it is reasonably likely to be seen by those eligible for a grant.
3
In this paragraph, “required format” means a format determined and published by the Secretary of State for the purpose of the EU Regulation.
Eligibility for grant
4
1
A person may apply to the Secretary of State for a grant to contribute to the cost of purchase or supply of approved software for use on an eligible English fishing boat if the person —
a
is the master, owner or charterer of the fishing boat; and
b
has purchased from a supplier, or has commissioned a supplier to supply, approved software for use on that boat.
2
The Secretary of State may —
a
make a grant to the applicant or to the supplier; and
b
make only one grant in respect of any eligible English fishing boat.
3
In this paragraph, “master” includes the person for the time being in charge of the fishing boat.
Payment of grant
5
The Secretary of State must not make payment of a grant, or of any part of it, to an applicant or supplier unless satisfied that —
a
the supplier has supplied the applicant with the approved software and the software has been installed in the fishing boat;
b
the applicant has successfully used the approved software to electronically record and transmit fishing activities data in accordance with the EU Regulation; and
c
any condition for payment of the grant, or of any part of it, has been complied with.
Amount of grant
6
The amount of the grant —
a
must not exceed the cost of purchase or supply of the approved software; and
b
may be such lesser amount as is determined by the Secretary of State.
PART 3
Applications for grant
Invitation to apply for grant
7
1
The Secretary of State may from time to time publish an invitation for applications.
2
An invitation must be published in a manner that will ensure it is reasonably likely to be seen by those eligible for a grant.
3
An invitation must contain —
a
details of approved software and suppliers;
b
details of who is eligible for a grant;
c
requirements as to the form and manner of making an application;
d
any requirements for providing documents in support of the application; and
e
the closing date for making an application.
Acceptance of applications
8
1
The Secretary of State may accept an application after the closing date if satisfied that —
a
the particular circumstances of the applicant render it unreasonable to expect the application to be made by the closing date; and
b
the date on which the application is made is as early as can reasonably be expected.
2
The Secretary of State, before determining any application, may require the applicant to provide additional information.
Determination of application
9
1
As soon as reasonably practicable after the closing date, or after the supply of any additional information, the Secretary of State must —
a
approve or reject an application;
b
if the application is approved, specify any conditions for payment of the grant or of any part of it; and
c
notify the applicant in writing of the decision.
2
The Secretary of State must reject an application if of the opinion that the port of administration of the fishing boat has been changed to England for the primary purpose of ensuring that the fishing boat is an eligible English fishing boat for the purposes of this Scheme.
PART 4
Revocation or withholding of grant
Revocation of approval or withholding of payment
10
1
The Secretary of State may revoke the approval of an application, or withhold payment of a grant, or of any part of the grant, if it appears that —
a
any condition of payment of the grant, or of any part of it, has been breached or has not been complied with; or
b
the applicant has committed or may have committed an offence under section 17 of the Fisheries Act 1981.
2
The Secretary of State may recover on demand from the applicant an amount equal to the whole or any part of any payment of the grant that was made before —
a
an approval is revoked; or
b
payment of any part of the grant is withheld,
irrespective of whether the payment was made to the applicant or to the supplier.
Interest
11
1
Where the Secretary of State decides to recover on demand an amount in accordance with paragraph 10(2), interest may also be recovered on that amount on a daily basis at the rate of 1% above the LIBOR for the period beginning with the day following that on which the amount was paid and ending on the day on which the amount is recovered.
2
In this paragraph “LIBOR”, in relation to any day, means the sterling three-month London inter-bank offered rate in force for that day rounded if necessary to two decimal places.
3
In any proceedings for recovery under this Scheme, a certificate issued by the Secretary of State stating the LIBOR applicable for any day is conclusive evidence of the LIBOR in question if the certificate also states that the Bank of England notified the Secretary of State of the LIBOR in question.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
12th June 2010
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
14th June 2010