text:
PART 1 Preliminary
Citation and commencement
1
These Regulations may be cited as the Road Safety (Immobilisation, Removal and Disposal of Vehicles) Regulations 2009 and shall come into force on 31st March 2009.
Interpretation
2
In these Regulations —
“identified person” has the meaning given in regulation 10(2);
“immobilisation notice” means a notice given in accordance with regulation 4(2);
“owner” means, in relation to a vehicle —
the person in whose name the vehicle is then registered under the Vehicle Excise and Registration Act 1994 ; or
if the vehicle is not so registered, the person appearing to the authorised person to own that vehicle;
“recognised badge” has the meaning given by section 21A(1) of the Chronically Sick and Disabled Persons Act 1970 ; and
“release fee” has the meaning given by regulation 4(7).
Application
3
1
These Regulations apply with respect to any case where the driving of a vehicle has been prohibited under —
a
section 99A(1) of the Transport Act 1968 (powers to prohibit driving of vehicles in connection with contravention of provisions about drivers’ hours);
b
section 1 of the Road Traffic (Foreign Vehicles) Act 1972 (powers to prohibit driving of foreign goods vehicles and foreign public service vehicles);
c
section 69 or 70 of the Road Traffic Act 1988 (powers to prohibit driving of unfit or overloaded vehicles); or
d
section 90D of the Road Traffic Offenders Act 1988 (power to prohibit driving of vehicle on failure to make payment in compliance with financial penalty deposit requirement).
2
These Regulations do not apply in relation to a vehicle if a current disabled person’s badge or current recognised badge is displayed on that vehicle.
PART 2 Immobilisation of Vehicles
Power to immobilise vehicles
4
1
An authorised person or a person acting under the direction of the authorised person may, in relation to any vehicle in a case where these Regulations apply —
a
fix an immobilisation device to the vehicle; and
b
move the vehicle, or direct the driver or the person appearing to be in charge of the vehicle to move the vehicle, for the purpose of enabling an immobilisation device to be fitted to it.
2
On any occasion when an immobilisation device is fixed to a vehicle in accordance with these Regulations, the person fixing the device must also fix to the vehicle a notice (“an immobilisation notice”) —
a
indicating that the device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from the device;
b
specifying the steps to be taken to secure its release, including —
i
how payment of any release fee should be made; and
ii
the evidence to be produced to show that the prohibition under which the driving of the vehicle was prohibited has been removed; and
c
giving any other relevant information, including the consequences of not securing release of the vehicle.
3
A vehicle to which an immobilisation device has been fixed in accordance with these Regulations —
a
may only be released from the device by or under the direction of an authorised person; but
b
subject to sub-paragraph (a), must be released from the device if the first and second requirements specified below are met.
4
The first requirement is that a charge of £80 in respect of the release is paid in any manner specified in the immobilisation notice.
5
The second requirement is that, in accordance with instructions specified in the immobilisation notice, there is produced —
a
in the case of a prohibition issued under section 99A(1) of the Transport Act 1968 (powers to prohibit driving of vehicles in connection with contravention of provisions about drivers’ hours), the notice referred to in section 99B(3) of that Act (notice to driver of the vehicle that the prohibition has been removed), or evidence that that prohibition has expired;
b
in the case of a prohibition issued under section 1 of the Road Traffic (Foreign Vehicles) Act 1972 (powers to prohibit driving of foreign goods vehicles and foreign public service vehicles), the notice referred to in section 2(3) of that Act (notice to driver of the vehicle that the prohibition has been removed), or evidence that that prohibition has expired;
c
In the case of a prohibition issued under sections 69 or 70 of the Road Traffic Act 1988 (powers to prohibit driving of unfit or overloaded vehicles), the notice referred to in section 72(7) of that Act (notice to owner that the prohibition has been removed); and
d
in the case of a prohibition issued under section 90D of the Road Traffic Offenders Act 1988 (power to prohibit driving of vehicle on failure to make payment in compliance with financial penalty deposit requirement), evidence that one of the events referred to in section 90D(4) of that Act has occurred.
6
An immobilisation notice may not be removed or interfered with except by an authorised person or a person acting on the authority of an authorised person.
7
In this regulation, the “release fee” means the charge referred to in paragraph (4).
Offence of failing to move vehicle
5
A person who fails to comply within a reasonable time with a direction under regulation 4(1)(b) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Offence of removing or interfering with immobilisation notice
6
A person, other than an authorised person or a person acting on the authority of an authorised person, who removes or interferes with an immobilisation notice is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Offence of removing or interfering with immobilisation device, etc.
7
A person, other than an authorised person or a person acting under the direction of an authorised person, who removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with these Regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
False or misleading statements, etc.
8
1
Where —
a
a person makes a declaration with a view to securing the release of a vehicle from an immobilisation device purported to have been fixed in accordance with these Regulations;
b
the declaration is that the prohibition has been removed; and
c
the declaration is to the person’s knowledge either false or in any material respect misleading,
that person is guilty of an offence.
2
A person guilty of an offence under paragraph (1) is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or both.
PART 3 Removal and Disposal of Vehicles
Power to remove vehicles
9
1
Where any of the conditions specified in paragraph (2) are met, an authorised person, or a person acting under the direction of an authorised person, may remove the vehicle or direct the driver or the person appearing to be in charge of the vehicle to remove the vehicle.
2
The conditions are that the authorised person considers that the vehicle should be removed —
a
for the safety of traffic, the vehicle, its occupants or its load;
b
because there is insufficient space for the vehicle to remain at the location at which the vehicle was inspected; or
c
because it appears to the authorised person that the vehicle has been abandoned.
Delivery of vehicles
10
1
An authorised person, or a person acting under the direction of an authorised person, may deliver a vehicle removed under regulation 9, or direct it to be delivered, into the custody of an identified person if —
a
the identified person agrees to accept delivery; and
b
a receipt is provided by the identified person to the authorised person, or the person acting under the direction of an authorised person, to confirm that the identified person has taken safe custody of the vehicle.
2
An “identified person” is a person who–
a
is capable of accepting delivery of the vehicle; and
b
has agreed arrangements with the Secretary of State for accepting custody of vehicles, including arrangements regarding security and access.
3
The arrangements made by virtue of sub-paragraph (2)(b) may include provision as to the payment of a sum to the identified person.
Notice of removal of vehicle
11
1
Subject to paragraph (3), where a vehicle has been removed and delivered into the custody of an identified person under regulation 10, the authorised person must provide a notice to the person referred to in paragraph (2) specifying —
a
the statutory power under which the vehicle has been removed;
b
the particulars of the place to which the vehicle has been removed;
c
the identity of the person to whom the vehicle has been delivered;
d
the steps to be taken to reclaim the vehicle, including —
i
how payment of any release fee should be made; and
ii
the evidence to be produced to show that the prohibition under which the driving of the vehicle was prohibited has been removed or has expired;
e
the steps to be taken, in accordance with regulation 18, in the event of a dispute; and
f
any other relevant information, including the consequences of not reclaiming the vehicle.
2
The notice shall be provided by the authorised person to the person who was the driver of the vehicle when the driving of the vehicle was prohibited.
3
If it is not reasonably practicable to give the notice to the person referred to in paragraph (2), then the authorised person shall take reasonable steps to locate the owner of the vehicle and to give the notice to the owner in writing by post.
Taking possession of a vehicle
12
A person (“the claimant”) may take possession of the vehicle if the claimant —
a
claims it before it is disposed of;
b
claims it not more than three months from the date on which the vehicle was removed or the direction to remove it was given;
c
produces evidence to the satisfaction of the authorised person that the claimant —
i
is either the owner of the vehicle; or
ii
was the person in charge of the vehicle at the time it was removed or was directed to be removed;
d
pays the charges specified in the Schedule for the release, removal and custody of the vehicle, as applicable; and
e
produces such evidence as is required by regulation 4(5).
Compensation
13
1
An amount calculated in accordance with paragraph (2) may be paid to a person if —
a
he claims after the vehicle’s disposal to be or to have been its owner or to have been the person in charge of the vehicle when it was removed; and
b
the claim is made within three months of the date on which the vehicle was removed or the direction to remove the vehicle was given.
2
The amount payable under paragraph (1) shall be calculated by deducting from any proceeds of sale the charges specified in the Schedule in respect of the release, removal, custody and disposal of the vehicle, as applicable.
Power to dispose, etc., of vehicles
14
The person into whose custody the vehicle is delivered pursuant to regulation 10 may dispose, sell or destroy the vehicle as that person sees fit if the vehicle has not been claimed in accordance with regulation 12 within three months from the date on which the vehicle was removed or the direction to remove the vehicle was given.
Recovery of prescribed charges
15
Whether or not a claim is made under regulation 12 or 13 —
a
the Secretary of State; or
b
a person into whose custody the vehicle is delivered in accordance with regulation 10
may recover from the vehicle’s owner or the person in charge of the vehicle the charges specified in the Schedule in respect of the release, removal, custody and disposal of the vehicle, as applicable.
Offences of failing to remove or deliver vehicles
16
A person who fails to comply within a reasonable time with a direction under regulation 9(1) or 10(1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
False or misleading statements, etc.
17
1
Where —
a
a person makes a declaration with a view to securing possession of a vehicle purported to have been delivered into the custody of an identified person;
b
the declaration is that the prohibition has been removed; and
c
the declaration is to the person’s knowledge either false or in any material respect misleading,
that person is guilty of an offence.
2
A person guilty of an offence under paragraph (1) is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or both.
PART 4 General
Disputes
18
1
A person may apply to the appropriate court on the grounds that the authorised person, or person acting under his direction, did not comply with any of the requirements of any of regulations 4(1) , 9 , 10(1) , 11 , 12 , or 13 (“the specified requirements”).
2
If the appropriate court finds that an authorised person, or person acting under his direction, did not comply with any of the specified requirements, it may order the Secretary of State to pay a sum to the person applying to the court to reflect any financial loss directly attributable to that failure to comply.
3
In this regulation, “appropriate court” means —
a
in England and Wales, a magistrates’ court; or
b
in Scotland, the sheriff court in the sheriffdom —
i
in which the claimant resides, in the case of an individual;
ii
where the principal or last known place of business of the claimant is situated, in the case of a partnership; or
iii
where the registered or principal office of the claimant is situated, in the case of an incorporated or unincorporated body.
Application of Road Traffic Offenders Act 1988
19
The following provisions of the Road Traffic Offenders Act 1988 shall apply to the offences created by these Regulations —
a
section 1 (requirement of warning etc. of prosecutions for certain offences) ;
b
section 6 (time within which summary proceedings for certain offences must be commenced) ;
c
section 11 (evidence by certificate as to driver, user or owner) ; and
d
section 12(1) (proof, in summary proceedings, of identity of driver of vehicle) .
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
5th March 2009


type: legislation

jurisdiction: UK

text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Real Estate Investment Trusts (Prescribed Arrangements) Regulations 2009 and shall come into force forthwith.
2
These Regulations shall have effect in relation to prescribed arrangements made on or after 7th May 2009 and during an accounting period which ends on or after 15th December 2009.
Interpretation
2
1
In these Regulations —
a
a reference to Part 4 is a reference to Part 4 of the Finance Act 2006 (real estate investment trusts), and
b
a reference to a section (without more) is a reference to that section of the Finance Act 2006.
2
For the purposes of these Regulations, “person” includes, but is not limited to —
a
a legal person,
b
a natural person,
c
a partnership,
d
a limited partnership,
e
a limited liability partnership,
f
a trust, and
g
any other body of persons.
3
For the purposes of these Regulations —
“arrangements” include any agreement, understanding, scheme, share reorganisation, transaction or series of transactions (whether or not legally enforceable), and
“prescribed arrangements” are arrangements (whether or not part of other arrangements) which have the purpose, or one of the main purposes, of allowing a REIT company to meet one or more of the conditions set out in sections 107 (conditions for tax exempt business) and 108 (conditions for balance of business) where, but for the arrangements, those conditions would not be satisfied.
Situations in which these Regulations apply
3
1
These Regulations apply if conditions A and B are satisfied.
2
Condition A is that an amount (“the specified amount”) —
a
falls to be taken into account as part of a REIT company’s tax exempt or residual business, or
b
ceases to be taken into account as part of such business.
3
For the purposes of condition A, the specified amount may be taken into account (or may cease to be taken into account) as a liability, an expense, an asset or income.
4
Condition B is that the specified amount arises directly or indirectly from, or in consequence of, or otherwise in connection with, prescribed arrangements.
Excluded arrangements
4
1
For the purposes of these Regulations, arrangements are not prescribed arrangements if at least one of the following conditions is satisfied.
2
Condition 1 is that the arrangements have been effected solely for genuine commercial purposes.
3
Condition 2 is that the arrangements are made between persons dealing at arm’s length.
Persons to be treated as member of REIT group in certain situations
5
1
Where a REIT company enters into prescribed arrangements with a person (“the person in question”), subject to paragraph (3), the entities listed in paragraph (2) shall be treated as members of the same REIT group for the purposes of the application of Part 4, from the beginning of the accounting period in which the arrangements are made.
2
The entities are —
a
the REIT company,
b
the person in question, and
c
any person in which either the person in question, or the REIT company, have a direct or indirect interest.
3
But a person within paragraph (2)(c) shall not be treated as a member of the REIT group where it can be shown that the person falls outside the scope of the prescribed arrangements.
Effect of regulations for corporation tax purposes
6
1
This regulation applies if —
a
a company enters into prescribed arrangements which take effect during the accounting period specified in a notice given under section 109 (notice), and
b
that Part ceases to apply to it by reason of section 129 (termination notice: Commissioners).
2
Any corporation tax paid by the company pursuant to section 112 (entry charge) shall be fully taken into account for the purposes of assessing its liability to corporation tax.
Dave Watts
Tony Cunningham
Two of the Commissioners to Her Majesty’s Treasury
15th December 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Minimum Wage Regulations 1999 (Amendment) Regulations 2009 and shall come into force on 1st October 2009.
2
In these Regulations “the Principal Regulations ” means the National Minimum Wage Regulations 1999 .
Amendments to the Principal Regulations
2
In regulation 11 of the Principal Regulations (the rate of the national minimum wage), for “£5.73” substitute “£5.80”.
3
In regulation 12 of the Principal Regulations (workers who do not qualify for the national minimum wage) after paragraph (15), insert —
16
A worker who is participating in the European Community Erasmus Programme or Comenius Programme (both established pursuant to Decision No. 1720/2006/ EC of the European Parliament and the Council of the European Union establishing an action programme in the field of lifelong learning ), does not qualify for the national minimum wage in respect of work done for his employer as part of that scheme.
.
4
In regulation 13 of the Principal Regulations (workers who qualify for the national minimum wage at a different rate) —
a
in paragraph (1) , for “£4.77” substitute “£4.83”; and
b
in paragraph (1A) , for “£3.53” substitute “£3.57”.
5
In regulation 31(1)(e) of the Principal Regulations (reductions from payments to be taken into account) omit “that is not paid through the payroll”.
6
In regulation 36(1) of the Principal Regulations (amount permitted to be taken into account where living accommodation is provided), for “£4.46” substitute “£4.51”.
Transitional Provision
7
The amendments to the Principal Regulations made by regulations 3 and 5 do not apply in relation to any pay reference period beginning before 1st October 2009.
Revocation Provision
8
Regulations 3, 5 and 6 of the National Minimum Wage Regulations 1999 (Amendment) Regulations 2008 are revoked.
Pat McFadden
Minister for Business, Innovation and Skills
Department for Business, Innovation and Skills
15th July 2009


text:
Citation and commencement
1
This Order may be cited as the Social Security Pensions (Low Earnings Threshold) Order 2009 and shall come into force on 6th April 2009.
Low earnings threshold
2
For the purposes of the Social Security Contributions and Benefits Act 1992 , it is directed that the low earnings threshold for the tax years following the tax year 2008 – 2009 shall be £13,900.
Signed by authority of the Secretary of State for Work and Pensions.
Rosie Winterton.
Minister of State
Department for Work and Pensions
10th March 2009


text:
1
This Order may be cited as the Enfield College (Dissolution) Order 2009 and comes into force on 1st August 2009.
2
On 1st August 2009 the corporation is to be dissolved and all of its property, rights and liabilities are to be transferred to The College of North East London, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st August 2009 as if the reference in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 2009;
c
to the transferor were to the corporation; and
d
to the corporation were to The College of North East London.
Kevin Brennan
Minister of State
Department for Business, Innovation and Skills
17th June 2009


text:
Citation and commencement
1
This Order may be cited as The Traffic Management (London Borough of Redbridge) Permit Scheme Order 2009 and is to come into effect on 11th January 2010.
Interpretation
2
In this Order —
“the London Borough of Redbridge 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 Redbridge 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 Redbridge 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 Redbridge 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 and commencement
1
This Order may be cited as the Civil Enforcement of Parking Contraventions (County of Worcestershire) (Borough of Redditch) Designation Order 2009 and shall come into force on 31st March 2009.
Designation of civil enforcement area and special enforcement area
2
The Secretary of State designates the area of the Borough of Redditch, being part of the area of Worcestershire County Council, as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
14th February 2009


text:
Citation, commencement and application
1
1
This Order may be cited as the Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order 2009 and comes into force on 10th August 2009.
2
This Order applies in England.
Amendments to the Sea Fishing (Enforcement of Community Control Measures) Order 2000
2
1
The Sea Fishing (Enforcement of Community Control Measures) Order 2000 is amended as follows.
2
In article 2 —
a
before the definition of “Community control measure” insert —
“buyer of the fish” means a buyer of fish obliged to submit sales notes pursuant to Article 9.2 of Regulation 2847/93 ;
;
b
after the definition of “Community control measure” insert —
“first seller of the fish” means an auction centre or other authorised person obliged to submit sales notes pursuant to Article 9.1 of Regulation 2847/93, and a person is authorised for the purposes of that Article insofar as it sells fish being marketed for the first time by any form of competitive bidding at a designated auction site either on its own behalf or as the seller’s agent;
;
c
for the definition of “Regulation 2847/93” substitute —
“Regulation 2847/93” means Council Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy;
;
d
after the definition of “Regulation 423/04” insert —
“Regulation 1966/2006” means Council Regulation (EC) No 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing, as amended from time to time;
“Regulation 1077/2008” means Commission Regulation (EC) No 1077/2008 laying down detailed rules for the implementation of Regulation 1966/2006 and repealing Regulation (EC) No 1566/2007 , as amended from time to time;
;
e
after the definition of “relevant offence” insert —
“requisite financial turnover” means an annual financial turnover in first sales of fisheries products for a person which is in excess of €400,000 and calculated for a calendar year using the annual financial turnover for that person from the calendar year two years previously and based on European Central Bank Euro foreign exchange reference rates applicable on 1st January for the calendar year from which the annual financial turnover information is taken
; and
f
after paragraph (4) insert —
5
References in this Order to sales notes or take-over declarations being submitted electronically mean sales notes or take-over declarations submitted using an electronic system of a type specified by the Secretary of State.
.
3
After article 2 insert —
Register of those with a requisite annual turnover
2A
1
The Secretary of State is the competent authority for the purposes of maintaining a register of first sellers, or buyers, of the fish who have a requisite financial turnover pursuant to Article 2(1) of Regulation 1077/2008.
2
A first seller, or buyer, of the fish must, on a form provided by the Secretary of State, inform the Secretary of State whether it has a requisite financial turnover before 1st October in each calendar year.
3
The Secretary of State must make the register available for public inspection on an official website.
.
4
After article 3(3) insert —
4
A person who fails to comply with article 2A(2) is guilty of an offence.
.
5
After article 4(3) insert —
4
A person found guilty of an offence under article 3(4) is liable —
a
on summary conviction, to a fine not exceeding £50,000;
b
on indictment, to a fine.
.
6
Paragraphs 2(e) and (f) of the table in the Schedule are replaced by —
Column 1
Community Provision
Column 2
Detailed Rules
Column 3
Subject Matter
Column 4
Maximum fine on summary conviction
Column 5
Persons liable
(e) Article 9.1 as read with Article 9.5 Articles 1.3 and 3.4 of Regulation 1966/2006 and Articles 1.1c and 5.1 of Regulation 1077/2008. Requirement where first marketing of fishery products is carried out by an auction centre or authorised person to submit a completed sales note within 48 hours of sale, which in the case of a first seller of the fish with a requisite annual turnover is to be submitted electronically. £50,000 The first seller of the fish. (f) Article 9.2 as read with Article 9.3, 9.4, 9.4b, 9.5 and 13 Articles 1.3 and 3(4) of Regulation 1966/2006 and Articles 1.1c, 5.1 and 5.4 of Regulation 1077/2008. Requirement where first marketing of fishery products is carried out other than in accordance with Article 9.1 of Regulation 2847/93, to submit — £50,000 As regards the requirement to submit — (a) a completed sales note (when products have been sold or are offered for sale at place of landing), which in the case of a buyer of the fish with a requisite financial turnover is to be submitted electronically; (a) a completed sales note, the buyer of the fish; (b) a copy of a transport document (when the products are offered for sale at place of landing); or (b) a transport document, the transporter of the fish; (c) a completed take-over declaration (when products are not offered for sale or are intended for sale at a later date) electronically, (c) a completed take-over declaration, the holder of the fish and the holder’s agent (if any). before the products are collected.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
2nd July 2009
Paul Goggins
Minister of State
Northern Ireland Office
8th July 2009


text:
1
This Order may be cited as the Extradition Act 2003 (Specification of Category 1 Territories) Order 2009 and shall come into force on 16th November 2009.
2
The category 1 territories listed in column 1 of the Schedule to this Order are specified for the purpose of section 155A(3) of the Extradition Act 2003.
3
For extradition requests made to a category 1 territory specified in this Order to which section 155A of the 2003 Act applies, which relate to acts committed before the relevant date listed in the corresponding entry in column 2 of the Schedule to this Order, Part 3 of the Extradition Act 2003 is to have effect as if that territory were a category 2 territory.
West of Spithead
Parliamentary Under Secretary of State
Home Office
15th October 2009


text:
PART 1 PRELIMINARY
Citation, commencement and application
1
1
These Regulations may be cited as the Workplace Parking Levy (England) Regulations 2009 and come into force on 1st October 2009.
2
These Regulations apply in England except Greater London.
Interpretation
2
1
In these Regulations —
“charge certificate” has the meaning given in regulation 13(1);
“chargee” has the meaning given in regulation 8(4);
“licence charge” means the charge for the grant of a licence;
“licensed premises”, in the case of any licence, means the premises in respect of which the licence is granted;
“notice of rejection” means a notice served under regulation 11(1);
“penalty charge” means a charge imposed under regulation 5;
“penalty charge notice” means a notice served under regulation 8.
2
In these Regulations, where an arrangement has been made for any function under a joint local licensing scheme to be discharged by one of the licensing authorities, “licensing authority” means the authority on which the function has been conferred by the arrangement.
PART 2 LICENSING SCHEMES AND LICENCE CHARGES
Exemption of licensing scheme orders from confirmation requirement
3
1
Section 184(1) of the Transport Act 2000 (confirmation of licensing schemes) does not apply to a licensing scheme order if —
a
the order varies a licensing scheme, and
b
its sole purpose is to provide for licence charges to be altered in line with alterations in the retail prices index.
2
In this regulation “retail prices index” has the meaning given in section 21(4) of the Statistics and Registration Service Act 2007 .
Liability to pay licence charge
4
1
This paragraph applies where the occupier of any premises has —
a
entered into arrangements with another person (P) for the provision by P of a parking place at those premises (whether or not for P’s own use), and
b
provided the licensing authority with such evidence of those arrangements as that authority may reasonably require.
2
Where paragraph (1) applies, the licence charge imposed in respect of those premises by a licensing scheme must be paid by P.
PART 3 PENALTY CHARGES
Imposition of penalty charges
Imposition of penalty charges
5
1
A licensing scheme may provide for the imposition of a penalty charge in any of the following circumstances —
a
where a person is providing a workplace parking place at any premises in the area covered by a licensing scheme and there is no licence in force in respect of those premises;
b
where a person is providing a workplace parking place at licensed premises in circumstances where the number of vehicles (excluding exempt vehicles) occupying workplace parking places at those premises exceeds the maximum number of workplace parking places covered by the licence;
c
if a condition in a licence (other than a condition as to the number of vehicles which may occupy workplace parking places at licensed premises) has been contravened.
2
Where a licensing scheme provides for the imposition of a penalty charge it must specify the period within which the charge must be paid and may specify different periods for different circumstances.
3
A licensing scheme may not specify under paragraph (2) a period of less than 28 days beginning on the date on which the penalty charge notice is served.
Rates of penalty charges
6
1
A licensing scheme which provides for penalty charges must specify the amount of the penalty charge and may specify different amounts in different circumstances.
2
A licensing scheme may provide for the amount of the penalty charge to be reduced if it is paid before the expiry of a specified period.
Liability to pay penalty charges
7
1
This paragraph applies where the occupier of any premises has —
a
entered into arrangements with another person (P) for the provision by P of a parking place at those premises (whether or not for P’s own use), and
b
provided the licensing authority with such evidence of those arrangements as that authority may reasonably require.
2
Where paragraph (1) applies, any penalty charge imposed in respect of those premises must be paid by P.
Enforcement of penalty charges
Penalty charge notices
8
1
Where a licensing authority believes that a penalty charge is payable under the terms of a licensing scheme, the authority may serve notice of that fact (“a penalty charge notice”).
2
A penalty charge notice must be served on the person liable to pay the penalty charge.
3
A penalty charge notice must state —
a
the amount of the penalty charge to which it relates;
b
all the circumstances in which a penalty charge is payable and the date and time at which each of those circumstances occurred;
c
the period specified in the licensing scheme within which the penalty charge must be paid;
d
the manner in which the penalty charge must be paid;
e
if the licensing scheme so provides, the amount of the reduced penalty charge if it is duly paid in the time specified in the notice;
f
the grounds on which the chargee may make representations under regulation 9;
g
the amount of the increased penalty charge if, before the end of the relevant period determined under regulation 13 —
i
the penalty charge is not paid, or
ii
no representations are made under regulation 9, and
h
the address to which payment of the penalty charge must be sent.
4
In this regulation and regulations 9 to 15 “chargee” means —
a
the person on whom the penalty charge notice is served; or
b
where it is alleged that the penalty charge notice was sent but never received, the person to whom the licensing authority sent that notice.
Representations against penalty charge notices
9
1
Where it appears that any of the grounds mentioned in paragraph (2) are satisfied, the chargee may make representations in writing to that effect to the licensing authority which served the penalty charge notice.
2
The grounds are that —
a
the circumstances stated in the penalty charge notice —
i
did not occur, or
ii
did not occur at the date or time or in the manner specified in the notice;
b
the penalty charge exceeded the amount applicable in the circumstances of the case.
3
The licensing authority may disregard any representations received after the end of the period of 28 days beginning with the date on which the penalty charge notice is served.
4
It is the duty of a licensing authority to which representations are duly made under this regulation —
a
to consider them and any supporting evidence which is provided with them, and
b
to serve on the chargee notice of its decision as to whether or not it accepts that the ground in question has been established (and, if it accepts that it has, whether completely or partially).
Cancellation of penalty charge notices
10
1
Where representations are made under regulation 9 and the licensing authority accepts that the ground in question has been established it shall —
a
cancel the penalty charge notice; and
b
state in the notice served under regulation 9(4)(b) that the notice has been cancelled.
2
The cancellation of a penalty charge notice does not prevent the licensing authority from serving a fresh penalty charge notice on the chargee or another person.
Rejection of representations against penalty charge notices
11
1
Where representations are made under regulation 9 and the licensing authority decides that none of the grounds in regulation 9(2) has been established, the notice served under regulation 9(4)(b) must be a notice of rejection stating that —
a
a charge certificate may be served under regulation 13 unless —
i
the penalty charge is paid, or
ii
the chargee appeals against the licensing authority’s decision, and
b
the chargee has a right of appeal to a county court.
2
A notice of rejection may contain such other information as the licensing authority thinks appropriate.
Appeals
12
1
Where a licensing authority has served a notice of rejection, the chargee may appeal to a county court against the licensing authority’s decision.
2
An appeal under this regulation —
a
is a re-hearing of the licensing authority’s decision to impose a charge, and
b
may be determined having regard to matters of which the licensing authority was unaware.
3
On an appeal the court may either —
a
quash the notice of rejection and substitute such decision of its own as it thinks fit for the decision of the licensing authority under regulation 9(4), or
b
dismiss the appeal.
4
If the court makes an order under paragraph (3)(a), the penalty charge notice to which the notice of rejection relates is cancelled but the cancellation does not prevent the licensing authority from serving a fresh penalty charge notice on the chargee or another person if that is consistent with the decision which the court has substituted.
Charge certificates
13
1
Where a chargee has not paid the penalty charge specified in a penalty charge notice before the end of the relevant period, the licensing authority may serve on the chargee a statement (a “charge certificate”) to the effect that the penalty charge is increased to such an amount as is provided in the licensing scheme.
2
The licensing authority may —
a
cancel a charge certificate, and
b
if the authority thinks fit in such a case, serve a further charge certificate.
3
For the purposes of paragraph (1), the relevant period in relation to a penalty charge notice is —
a
where no representations are made, the period specified in the licensing scheme within which the penalty charge must be paid;
b
where —
i
representations are made,
ii
a notice of rejection is served, and
iii
no appeal against the notice of rejection is made,
the period of 28 days beginning with the date on which the notice of rejection is served;
c
where an appeal against a notice of rejection is dismissed, the period of 28 days beginning with the date of service of the order dismissing the appeal; and
d
where an appeal against a notice of rejection is made but is withdrawn before a county court makes an order under regulation 12(3), the period of 14 days beginning with the date on which the appeal is withdrawn.
Payment of increased penalty charge
14
The chargee must pay the increased penalty charge specified in the charge certificate before the end of the period of 14 days beginning with the date on which the charge certificate is served.
Recovery of unpaid penalty charges
15
The licensing authority may, if a county court so orders, recover a penalty charge as if it were payable under a county court order —
a
in a case where the authority has served a charge certificate, if the chargee has not paid the increased penalty charge provided for in the charge certificate before the end of the period specified in regulation 14, or
b
in a case where the authority has not served a charge certificate, if the chargee has not paid the penalty charge specified in the penalty charge notice before the end of the relevant period specified in regulation 13(3).
Service of notices etc
16
1
Any penalty charge notice, charge certificate or other notice to be served by the licensing authority under these Regulations (“a relevant notice”) may be served —
a
by delivering it to that person or by leaving it at that person’s proper address,
b
by sending it by first class (but not second class) post to that person at that address, or
c
if the person is a body corporate, by serving it in accordance with sub-paragraph (a) or (b) on the secretary, clerk or principal officer of that body,
d
if the person is a partnership, by serving it in accordance with sub-paragraph (a) or (b) on a partner or a person having the control or management of the partnership business, or
e
by means of any form of electronic communication which is agreed with the person to whom it is to be sent.
2
For the purposes of paragraph (1), and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this regulation, the proper address of a person is —
a
in the case of an individual, that person’s last known address,
b
in the case of the secretary, clerk or principal officer of a body corporate, the address of the registered office of the body or its principal office in the United Kingdom,
c
in the case of a partner in, or a person having the control or management of, a partnership, it is the address of the principal office of the partnership in the United Kingdom,
but subject to paragraph (3).
3
If a person to be served with a relevant notice has notified the licensing authority of an address within the United Kingdom other than that person’s proper address at which that person, or another acting on that person’s behalf, will accept service of a relevant notice, that address is the person’s proper address.
4
Unless the contrary is proved, service of a relevant notice sent by a form of electronic communication shall, if sent to an agreed fax telephone number or electronic address, be taken to have been effected on the first working day after the day on which it was transmitted.
5
In paragraph (4), “working day” means any day except —
a
a Saturday or a Sunday;
b
New Year’s Day;
c
Good Friday;
d
Christmas Day; and
e
any other day which is a bank holiday in England under the Banking and Financial Dealings Act 1971 .
Signed by authority of the Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State,
Department for Transport
22nd July 2009
Signed by authority of the Lord Chancellor
Claire M. Ward
Parliamentary Secretary,
Ministry of Justice
28th July 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2009 and shall come into force on 1st April 2009.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 .
Substitution of Schedule 5 to the principal Regulations
2
For Schedule 5 to the principal Regulations (Secretary of State’s functions under section 3(1) of the National Health Service Act 2006 exercisable by Strategic Health Authorities for the purpose of securing the provision of services: specified services) substitute the following Schedule —
SCHEDULE 5
SECRETARY OF STATE’S FUNCTIONS UNDER SECTION 3(1) OF THE NATIONAL HEALTH SERVICE ACT 2006 EXERCISABLE BY SRATEGIC HEALTH AUTHORITIES FOR THE PURPOSE OF SECURING THE PROVISION OF SERVICES: SPECIFIED SERVICES
Regulation 3(2A)
1 Alstrom syndrome service 2 Ataxia telangiectasia service for children 3 Autoimmune paediatric gut syndromes service 4 Bladder exstrophy service 5 Choriocarcinoma service 6 Chronic pulmonary aspergillosis service 7 Complex Ehlers Danlos syndrome service 8 Complex Neurofibromatosis type 1 service 9 Complex tracheal disease service 10 Craniofacial surgery service 11 Deaf child and adolescent mental health outreach service (expansion to the existing nationally-commissioned outpatient service) 12 Diagnostic service for amyloidosis 13 Diagnostic service for primary ciliary dyskinesia 14 Diagnostic service for rare neuromuscular disorders service 15 Encapsulating sclerosing peritonitis surgical service 16 Epidermolysis bullosa service 17 Extra corporeal membrane oxygenation service for adults 18 Extra corporeal membrane oxygenation service for children 19 Extra corporeal membrane oxygenation and ventricular assist devices as bridge to heart transplant service for children 20 Gender identity development service for children and adolescents 21 Heart and lung transplantation service 22 Islet transplantation service 23 Liver transplantation service 24 Lysosomal storage disorder service 25 Mental health service for deaf children:inpatient service 26 Ocular oncology service 27 Opthalmic pathology service 28 Osteo odonto keratoprosthesis service for corneal blindness 29 Pancreas transplantation service 30 Paroxysmal nocturnal haemoglobinuria 31 Persistent hyperinsulinaemic hypoglycaemia of infancy service 32 Primary malignant bone tumours service 33 Proton beam therapy service 34 Pseudomyoxa peritonei service 35 Pulmonary hypertension service for children 36 Pulmonary thromboendarterectomy service 37 Rare mitochondrial disorders service 38 Reconstructive surgery in adolescents for congenital malformation of the female genital tract service 39 Retinoblastoma service 40 Secure forensic mental health service for young people 41 Secure forensic mental health and learning disability service for young people 42 Severe combined immunodeficiency and related disorders service 43 Severe intestinal failure service 44 Severe obsessive compulsive disorder and body dysmorphic disorder service 45 Small bowel transplantation service for adults 46 Small bowel transplantation service for children 47 Specialist liver disease service for children 48 Stem cell transplantation service for juvenile idiopathic arthritis and related connective tissue disorders 49 Vein of Galen malformation service 50 Ventricular assist devices as bridge to heart transplant service
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
26th January 2009


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Display of Registration Marks)(Amendment) Regulations 2009 and shall come into force on 27th April 2009.
Amendment of the Road Vehicles (Display of Registration Marks) Regulations 2001
2
The Road Vehicles (Display of Registration Marks) Regulations 2001 are amended as follows.
Amendment of regulation 2
3
In regulation 2(1) (interpretation: general)–
a
omit the definitions of the expressions “the Council Regulation” and “dual purpose plate”;
b
in the definition of the expression “registration plate”, for the words following “vehicle” substitute —
, but does not include such part of a plate or device as is intended for the display of material specified in regulation 16(3) and (4);
.
Amendment of regulation 16
4
For regulation 16 (international distinguishing signs and other material) substitute–
16
1
No material other than a registration mark and material complying with the requirements of any of the relevant standards mentioned in Schedule 2 may be displayed on a registration plate.
2
Subject to the following paragraphs of this regulation, a registration plate may not be combined with any other plate or a device of any kind.
3
The letters “GB” may be displayed on a plate or other device in accordance with the Annex to Council Regulation ( EC ) No. 2411/98 on the recognition in intra-Community traffic of the distinguishing sign of the Member State in which motor vehicles and their trailers are registered .
4
Subject to paragraphs (5) to (8), there may be displayed on a plate or other device an arrangement of letters corresponding with one of the sub-paragraphs of paragraph (9) and an emblem corresponding with one of the sub-paragraphs of paragraph (10).
5
The arrangement of letters and emblem referred to in paragraph (4) —
a
must be displayed to the left of the registration plate;
b
must not encroach into the margin,
and for this purpose the expression “margin” is to have the same meaning as in regulations 14(9) and 14A(2)(f).
6
The emblem referred to in paragraph (4) must be positioned above the arrangement of letters referred to in that paragraph.
7
Neither the arrangement of letters referred to in paragraph (4), nor the emblem referred to in that paragraph, must be more than fifty millimetres wide.
8
Paragraph (4) does not apply —
a
if the letters “GB” are displayed in accordance with paragraph (3); or
b
if the relevant vehicle is recorded in the part of the register relating to Northern Ireland.
9
The arrangements of letters referred to in paragraph (4) are —
a
“United Kingdom” or “UNITED KINGDOM”;
b
“ UK ”;
c
“Great Britain” or “GREAT BRITAIN”;
d
“GB”;
e
“England” or “ENGLAND”;
f
“Eng” or “ENG”;
g
“Scotland” or “SCOTLAND”;
h
“Sco” or “SCO”;
i
“Wales” or “WALES”;
j
“Cymru” or “CYMRU”;
k
“Cym” or “CYM”.
10
The emblems referred to in paragraph (4) are —
a
an image of the Union flag;
b
an image of the Cross of Saint George, as depicted on the flag of England;
c
an image of the Cross of Saint Andrew (the Saltire), as depicted on the flag of Scotland;
d
an image of the Red Dragon of Wales, as depicted on the flag of Wales.
Signed by the authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
27th March 2009


text:
PART 1 Preliminary Provisions and Delegation
Citation and commencement
1
These Rules may be cited as the Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009 and shall come into force on 31st October 2009.
Interpretation
2
1
In these Rules —
“ the Act ” means the Armed Forces Act 2006;
“activation order” means an order under section 193 of the Act;
“charge sheet” has the same meaning as in regulations made under section 128 of the Act;
“disciplinary record” means all formal disciplinary records of the accused maintained and held by any of Her Majesty’s forces;
“subordinate commander” means an officer under the command of the commanding officer who is of at least the rank of naval lieutenant, military or marine captain or flight lieutenant.
2
References in these rules to an accused’s assisting officer are to be construed in accordance with rule 10.
3
References in these Rules to a person’s rank or rate are —
a
where he holds no acting rank or rate, to his substantive rank or rate;
b
where he holds an acting rank or rate, to that rank or rate.
4
References in these Rules to a charge brought against a person include a charge that has been substituted for another charge.
5
References in these Rules to proven offences are to —
a
offences in respect of which a charge has been brought, where —
i
the charge has been found by an officer or the Summary Appeal Court to be proved, and
ii
that finding has not been quashed;
b
service offences of which a person is convicted; and
c
offences in the British Islands of which a person is convicted.
Delegation and subordinate commanders
3
1
Subject to paragraphs (3) and (4), a commanding officer may delegate to a subordinate commander his relevant functions in relation to a charge, subject to such conditions as the commanding officer considers appropriate.
2
Subject to paragraph (5), where a commanding officer makes a delegation to a subordinate commander under paragraph (1) in relation to a charge, the subordinate commander has all of the commanding officer’s relevant functions in relation to the charge.
3
A commanding officer shall not make a delegation under paragraph (1) in relation to a charge —
a
in respect of an offence which is within section 54(2) of the Act;
b
in respect of an offence alleged to have been committed by an accused during —
i
the operational period of a suspended sentence of service detention passed on him;
ii
the operational period of a suspended sentence of imprisonment passed on him by the Court Martial, the Court Martial Appeal Court or the Supreme Court on an appeal brought from the Court Martial Appeal Court;
iii
the term of an order made under section 211 of the Act; or
c
brought against a person above the rank or rate of chief petty officer, marine colour sergeant, military staff sergeant, or flight sergeant.
4
A commanding officer shall not make a delegation under paragraph (1) to a subordinate commander of the rank of naval lieutenant, military or marine captain or flight lieutenant in relation to a charge brought against a person above the rank or rate of leading rate, military or marine corporal or air force corporal.
5
A subordinate commander to whom a delegation has been made under paragraph (1) may not —
a
if he is of the rank of naval lieutenant, military or marine captain or flight lieutenant, award any punishment in column 1 of the Table in Schedule 1;
b
if he is of the rank of lieutenant commander, major or squadron leader, award any punishment in column 2 of the Table in Schedule 1; or
c
if he is of or above the rank of commander, lieutenant-colonel or wing commander, award any punishment in column 3 of the Table in Schedule 1.
6
Where a commanding officer has made a delegation under paragraph (1) in relation to a charge, he may revoke it in relation to that charge at any time before a determination is made as to whether or not that charge has been proved.
7
Where in relation to a charge —
a
a delegation under paragraph (1) is revoked, and
b
the subordinate commander to whom the delegation was made has complied with rule 12(2) and taken further steps in relation to the charge,
the officer who hears the charge after the revocation shall proceed as if the subordinate commander had taken no further steps in relation to the charge after complying with rule 12(2).
8
Where a charge in relation to which paragraph (7) applies is one which has been —
a
amended under section 123(2)(a) of the Act,
b
substituted for another charge under section 123(2)(b) of the Act, or
c
added under section 123(2)(c) of the Act,
the reference in paragraph (7)(b) to rule 12(2) is a reference to that rule as modified by rule 26.
9
In this rule “relevant function” means a function under Chapter 1 of Part 6 of the Act or Part 2 of these Rules.
PART 2 Summary Hearings
Application of Part 2
4
1
Subject to paragraph (2), this Part applies where a charge brought against a person (“the accused”) is —
a
capable of being heard summarily; and
b
regarded for the purposes of Part 5 of the Act as allocated for summary hearing.
2
If an application made under rule 5(2) in relation to the charge is unsuccessful, these Rules shall cease to apply in relation to the charge.
Applications to hear charges summarily
5
1
If —
a
the charge is one in respect of an offence within section 54(2) of the Act, and
b
the commanding officer is below the rank of rear admiral, major-general or air vice-marshal,
this rule applies.
2
If he considers that the charge should be heard summarily the commanding officer shall make an application to higher authority for permission to hear the charge.
3
Any application under paragraph (2) shall be made as soon as reasonably practicable and shall contain —
a
the commanding officer’s reasons for considering that the charge should be heard summarily;
b
a copy of the charge sheet;
c
a copy of the written evidence relevant to the charge;
d
a copy of any unused written material gathered as part of the investigation of the charge;
e
a copy of any disciplinary record of the accused; and
f
any other material which may in the opinion of the commanding officer be relevant to the application.
4
Where an application under paragraph (2) is granted the commanding officer shall provide the accused with a copy of the notification from higher authority that the application has been granted.
Applications for extended powers in relation to punishment
6
1
If the commanding officer —
a
is below the rank of rear admiral, major-general or air vice-marshal,
b
considers that the charge should be dealt with summarily, and
c
considers that his powers of punishment might be insufficient to deal with the accused if the charge is been proved unless he has extended powers for the purposes of one or more provisions of the Act,
he shall make an application to higher authority for extended powers.
2
Any application under paragraph (1) shall be made as soon as reasonably practicable and shall contain —
a
the commanding officer’s reasons for considering that his powers of punishment might be insufficient to deal with the accused if the charge is proved unless he has extended powers for the purposes of one or more provisions of the Act;
b
a copy of the charge sheet;
c
a copy of the written evidence relevant to the charge;
d
a copy of any unused written material gathered as part of the investigation of the charge;
e
a copy of any disciplinary record of the accused;
f
details of all provisions for the purposes of which the commanding officer considers he needs extended powers; and
g
any other material which may in the opinion of the commanding officer be relevant to the application.
3
Where an application under paragraph (1) is granted the commanding officer shall provide the accused with a copy of the notification from higher authority that the application has been granted.
Applications for extended powers in relation to activation orders
7
1
If the commanding officer —
a
is below the rank of rear admiral, major-general or air vice-marshal, and
b
considers that his powers might be insufficient to deal with the accused if the charge is proved unless he has extended powers for the purposes of section 194 of the Act,
he shall make an application to higher authority for extended powers for the purposes of section 194.
2
Any application under paragraph (1) shall be made as soon as reasonably practicable and shall contain —
a
the commanding officer’s reasons for considering that his powers might be insufficient to deal with the accused if the charge is proved unless he has extended powers for the purposes of section 194;
b
a copy of the written record of the summary hearing, or a copy of any record of the proceedings before the Summary Appeal Court, at which the suspended sentence of service detention was awarded;
c
such details as are known to the commanding officer of all proven offences committed by the accused during the operational period of the suspended sentence of service detention;
d
copies of —
i
the written records of any summary hearings,
ii
the written records of any hearings under Part 3 of these Rules, and
iii
any records of proceedings before any of the Summary Appeal Court, the Court Martial and the Court Martial Appeal Court,
at which reasons were given for any decision not to make an order under section 191 or 193 of the Act, in relation to the suspended sentence of service detention;
e
a copy of any disciplinary record of the accused;
f
a copy of the charge sheet;
g
a copy of the written evidence relevant to the charge;
h
a copy of any unused written material gathered as part of the investigation of the charge;
i
any other material which may in the opinion of the commanding officer be relevant to the application.
3
Where an application under paragraph (1) is granted the commanding officer shall provide the accused with a copy of the notification from higher authority that the application has been granted.
Preliminary procedures
8
1
As soon as reasonably practicable, the commanding officer or a person authorised by him shall —
a
prepare a summary of the evidence relevant to the charge (“the case summary”);
b
inform the accused in writing of —
i
his right under section 129 of the Act to elect Court Martial trial;
ii
his right under rule 10 to representation;
iii
his right under rule 15 to question witnesses whose evidence is adduced by the commanding officer;
iv
his right under rule 16 to give evidence;
v
his right under rule 17 to adduce the evidence of witnesses;
vi
the right of appeal under section 141 of the Act;
c
subject to paragraph (3), provide the accused with —
i
a copy of the charge sheet;
ii
a copy of the case summary;
iii
a copy of the written evidence relevant to the charge;
iv
details of all exhibits which form part of the evidence relevant to the charge together with notice of where and when they may be inspected by the accused or his accused’s assisting officer;
v
a copy of any unused written material gathered as part of the investigation of the charge;
vi
details of any other unused material gathered as part of the investigation of the charge, together with notice of where and when it may be inspected by the accused or his accused’s assisting officer;
vii
an opportunity to inspect all exhibits which form part of the evidence relevant to the charge, and any unused non-written material;
viii
a copy of any disciplinary record of the accused;
d
if this sub-paragraph applies, inform the accused in writing of —
i
the power to make an order under section 193 of the Act;
ii
the right of appeal under section 141 of the Act and the effect of section 195 of the Act;
iii
his right to make submissions under rule 23(3);
e
if this sub-paragraph applies, and subject to paragraph (3), provide the accused with —
i
a copy of the written record of the summary hearing, or a copy of any record of the proceedings before the Summary Appeal Court, at which the suspended sentence of service detention was awarded;
ii
such details as are known to the commanding officer of all proven offences committed by the offender during the operational period of the suspended sentence of service detention;
iii
copies of —
aa
the written records of any summary hearings,
bb
the written records of any hearings under Part 3 of these Rules, and
cc
any records of proceedings before any of the Summary Appeal Court, the Court Martial and the Court Martial Appeal Court,
at which reasons were given for any decision not to make an order under section 191 or 193 of the Act, in relation to the suspended sentence of service detention; and
f
in accordance with paragraphs (4) to (6), fix a time for the hearing and give the accused notice in writing of that time.
2
Paragraphs (1)(d) and (e) apply if the offence which is the subject of the charge is alleged to have been committed during the operational period of a suspended sentence of service detention passed on the accused by an officer or the Summary Appeal Court.
3
If the commanding officer or a person authorised by him is satisfied that the accused already has a copy of a document that is to be provided by virtue of paragraph (1)(c) or (e) he need not provide a further copy.
4
In fixing a time for the hearing the commanding officer shall allow the accused a reasonable time to prepare for the hearing.
5
If the commanding officer has made an application under any of rules 5(2), 6(1) and 7(1) he shall not fix the time for the hearing until he has received notification of the result of the application or applications.
6
The time fixed for the hearing shall be not less than 24 hours after the commanding officer has complied with —
a
paragraph (1);
b
where permission to hear the charge summarily has been granted, rule 5(4);
c
where an application under rule 6(1) has been granted, rule 6(3); and
d
where an application under rule 7(1) has been granted, rule 7(3).
Changing the time fixed for a hearing
9
1
Subject to paragraph (3), at any time before the hearing the commanding officer may fix a different time for the hearing.
2
Subject to paragraphs (3) and (4), if after the commanding officer fixes a time for the hearing —
a
he makes an application under any of rules 5(2), 6(1) and 7(1), or
b
the accused, 24 hours or less before the time fixed, requests the commanding officer’s assistance in finding a person to nominate under rule 10(1),
the commanding officer shall cancel the time fixed and fix a different time for the hearing.
3
Where a different time is fixed for a hearing —
a
it shall be fixed in accordance with rule 8(4) to (6); and
b
the commanding officer shall notify the accused of it in writing.
4
Where the commanding officer fixes a different time for the hearing by virtue of paragraph (2)(b), the time fixed shall be not less than 24 hours after he has complied with rule 10(5).
Representation
10
1
Subject to paragraphs (2) and (3) the accused may nominate a person to represent him at the hearing (the “accused’s assisting officer”).
2
A person may only be nominated as an accused’s assisting officer if he —
a
is subject to service law;
b
is of at least the rank or rate of petty officer, military or marine sergeant, or air force sergeant; and
c
consents to be nominated.
3
A person may only continue to act as an accused’s assisting officer while subject to service law.
4
Subject to paragraphs (2) and (3), if a person ceases to act as his accused’s assisting officer the accused may nominate another person to act in that role.
5
If the accused requests the commanding officer’s assistance in finding a person to nominate under paragraph (1), the commanding officer shall provide him with the names of at least two people available to be nominated under that paragraph.
6
Where a person consents to act as an accused’s assisting officer he may, on behalf of the accused, exercise any right of the accused to question witnesses or make submissions by virtue of this Part.
Co-accused and multiple charges
11
1
The commanding officer may at a single hearing hear —
a
a charge brought against more than one accused; and
b
charges against more than one accused if the charges are founded on the same facts.
2
If more than one charge is brought against an accused the commanding officer may at a single hearing hear —
a
all charges which are founded on the same facts; and
b
all charges in respect of offences which form, or are part of, a series of offences of the same or a similar character.
Election and starting a summary hearing
12
1
Before starting the hearing the commanding officer shall —
a
satisfy himself that the accused —
i
understands the charge or charges;
ii
has had a reasonable time to prepare for the hearing;
b
if section 129(1) of the Act applies in respect of one or more charges, give the accused the opportunity to elect Court Martial trial.
2
If section 129(1) does not apply or if the accused does not elect Court Martial trial, the commanding officer or a person authorised by him shall start the hearing by —
a
reading the charge or charges to the accused; and
b
asking him to state whether he admits or denies each charge.
3
If the accused admits —
a
all of the charges, or
b
if only one charge is to be heard, that charge,
rule 21 shall apply.
4
If the accused denies —
a
one or more of the charges, or
b
if only one charge is to be heard, that charge,
the commanding officer shall proceed to hear the evidence and rule 13 shall apply.
5
Where the accused neither admits nor denies a charge the commanding officer shall proceed as if the accused had denied that charge.
Order of evidence
13
1
Subject to paragraph (2), evidence at a hearing shall be heard in the following order —
a
evidence adduced by the commanding officer under rule 15(1);
b
evidence of the accused if he chooses to give evidence;
c
evidence adduced by the accused;
d
evidence adduced by the commanding officer under rule 15(2).
2
Where the commanding officer proceeds with a hearing after a charge has been amended, substituted or added, he may determine the order in which evidence is heard.
Oaths and affirmations
14
1
No witness shall give evidence orally under any provision of these Rules unless an oath has first been administered to him.
2
Paragraphs (3) and (4) apply where an oath is required to be administered to a person by virtue of paragraph (1).
3
Sections 1 and 3 to 6 of the Oaths Act 1978 shall apply, as modified by paragraph (4) , as they would apply if the person were required to take an oath in England and Wales.
4
Where section 1 or 6 of that Act applies by virtue of this rule, the reference in that section to the words of the oath prescribed by law is to be read as a reference to the following words: “… the evidence I shall give shall be the truth, the whole truth, and nothing but the truth”.
Evidence adduced by the commanding officer
15
1
Subject to paragraph (2), the commanding officer may not adduce the evidence of a witness unless —
a
that witness has made a written statement;
b
a copy of the statement has been provided to the accused in accordance with rule 8(1)(c)(iii); and
c
where the witness is to produce an exhibit, the commanding officer has complied with rules 8(1)(c)(iv) and (vii).
2
Where evidence given or adduced by the accused gives rise to an issue of fact —
a
which could not have been foreseen by the commanding officer, and
b
in relation to which no witness whose evidence may be adduced under paragraph (1) can give evidence,
the commanding officer may adduce the evidence of a witness who can give evidence in relation to the issue.
3
Where the commanding officer adduces the evidence of a witness —
a
if the witness has made a statement it shall be read to the accused by the commanding officer or a person authorised by him;
b
the commanding officer may question the witness before giving the accused an opportunity to do so;
c
the commanding officer shall give the accused an opportunity to question the witness;
d
the commanding officer may question the witness after the accused has had the opportunity to do so.
Evidence given by the accused
16
1
The accused may give evidence but shall not be compelled to do so.
2
If the accused gives evidence he may do so orally or in writing and the commanding officer may question him.
3
If the accused gives evidence in writing his evidence shall be read to the commanding officer by the accused or his accused’s assisting officer.
Evidence adduced by the accused
17
1
Where the time fixed for the hearing is 48 hours or more after the commanding officer has complied with rule 8(1) the accused may not adduce the evidence of a witness unless —
a
he has notified the commanding officer not less than 24 hours before the hearing that he wishes to adduce the evidence of the witness; or
b
he has the permission of the commanding officer.
2
Where the accused adduces the evidence of a witness —
a
such evidence may be given orally or in writing;
b
if the witness gives evidence in writing —
i
his evidence shall be read to the commanding officer by the accused or his accused’s assisting officer; and
ii
the accused shall provide the commanding officer with a copy of the evidence;
c
the commanding officer shall give the accused an opportunity to question the witness; and
d
the commanding officer may question the witness after the accused has had the opportunity to do so.
Further questioning of witnesses
18
1
Where he considers that it would be in the interests of fairness to the accused to do so, the commanding officer may at any time before determining whether or not the charge has been proved give the accused a further opportunity to question any witness whose evidence has been adduced.
2
Where the accused has had an opportunity to question a witness by virtue of paragraph (1), the commanding officer may question the witness.
Equivocal admissions
19
If at any time in the course of the hearing the commanding officer is of the opinion that an assertion of fact made by the accused after admitting the charge would have amounted to a defence to the charge if it had been raised as such and proved, he shall proceed to hear the charge as if the accused had denied it.
Procedure at the conclusion of the evidence
20
1
At the conclusion of the evidence the accused may address the commanding officer on any matter.
2
After hearing the evidence and any address from the accused the commanding officer shall determine whether or not each charge denied by the accused has been proved and record his finding.
3
The commanding officer shall not determine that a charge that was denied has been proved unless, on the basis of all of the evidence heard, he is sure that the accused committed the offence charged.
4
Rule 22 shall apply in relation to all charges —
a
which were denied and determined to have been proved;
b
which were admitted but in respect of which evidence was heard by virtue of rule 12(4).
Determination of facts on admission of all charges
21
1
Where this rule applies —
a
the commanding officer or a person authorised by him shall read the case summary to the accused; and
b
the commanding officer shall ask the accused whether he disputes any of the facts contained in the case summary.
2
If the accused does not dispute any of the facts contained in the case summary the commanding officer shall treat them as the facts of the case for the purposes of sentencing and rule 22 shall apply.
3
If —
a
the accused disputes any of the facts contained in the case summary, and
b
the commanding officer considers that any of the disputed facts is relevant to sentencing,
he shall determine the facts of the case for the purposes of sentencing and rule 22 shall apply.
4
For the purposes of making a determination under paragraph (3) the commanding officer shall —
a
assume that any undisputed facts contained in the case summary are true; and
b
hear evidence on the disputed facts from —
i
such witnesses as he considers can give relevant evidence; and
ii
the accused if he wishes to give evidence.
5
In determining which witnesses can give relevant evidence for the purposes of paragraph (4)(b)(i) the commanding officer shall take into account any submissions of the accused on that matter.
6
Where a witness is called to give evidence for the purposes of a determination under paragraph (3) —
a
the witness shall give evidence orally;
b
the commanding officer shall give the accused an opportunity to question the witness; and
c
the commanding officer may question the witness after the accused has had the opportunity to do so.
Sentencing
22
1
Where this rule applies the commanding officer shall give the accused an opportunity to —
a
adduce evidence as to his character;
b
make a plea in mitigation.
2
Where the accused adduces the evidence of a witness as to his character —
a
such evidence may be given orally or in writing;
b
if the witness gives evidence in writing —
i
his evidence shall be read to the commanding officer by the accused or his accused’s assisting officer; and
ii
the accused shall provide the commanding officer with a copy of the evidence;
c
the commanding officer shall give the accused an opportunity to question the witness; and
d
the commanding officer may question the witness after the accused has had the opportunity to do so.
3
Subject to rules 19 and 23(2), after hearing any evidence as to character and any plea in mitigation the commanding officer shall —
a
if the accused admitted the charge, determine that the charge has been proved and record his finding;
b
subject to rule 23(2) award one or more punishments, in accordance with section 131(4)(b) of the Act;
c
give his reasons for deciding on the sentence passed, in accordance with section 252(1)(a) of the Act; and
d
remind the accused of —
i
his right of appeal under section 141 of the Act;
ii
his right to seek independent legal advice on whether to exercise his right of appeal; and
iii
if service detention has been awarded, his right to make an election under whichever of sections 290(2) and 291(2) of the Act applies.
Activation of suspended sentences of service detention
23
1
This rule applies where the commanding officer records a finding that a charge has been proved, and the offence was committed during the operational period of a suspended sentence of service detention passed on the accused by an officer or the Summary Appeal Court.
2
Where this rule applies, the commanding officer shall not —
a
award one or more punishments in accordance with section 131(4)(b) of the Act before he has complied with paragraph (3); or
b
make any activation order before he has complied with rule 22(1).
3
The commanding officer shall give the accused an opportunity to make submissions either orally or in writing about —
a
the appropriateness of making an activation order;
b
the appropriate terms of such an order if it were made.
4
In considering whether to make an activation order and, if such an order is to be made, what its terms should be the commanding officer shall take into account the following matters —
a
the details of the offence or offences for which the suspended sentence of service detention was imposed;
b
such details as are known to the commanding officer of all proven offences committed by the offender during the operational period of the suspended sentence of service detention;
c
the reasons given for any decision not to make an order under section 191 or 193 of the Act in relation to the suspended sentence of service detention;
d
any disciplinary record of the accused;
e
any submissions made by the accused about the matters mentioned in paragraph (3);
f
any character evidence adduced by the accused;
g
any other matters that appear to the commanding officer to be relevant.
5
The commanding officer shall —
a
inform the accused of his decision as to whether to make an activation order; and
b
give his reasons for the decision.
6
If the commanding officer makes an activation order he shall —
a
inform the accused of the terms of the order;
b
remind the accused of his right of appeal under section 141 of the Act; and
c
remind the accused of his right to make an election under whichever of sections 290(2) and 291(2) of the Act, as modified by section 292, applies.
Adjournments
24
The commanding officer may adjourn a hearing at any point if he considers that to do so would be —
a
in the interests of fairness to the accused; or
b
expedient for any purpose and not unfair to the accused.
Rectification of errors
25
1
Where —
a
the commanding officer has not yet determined whether the charge has been proved, and
b
there has been a failure to comply with any provision of these Rules,
the commanding officer may if possible rectify the failure unless to do so would in his opinion be unfair to the accused.
2
Where —
a
the commanding officer has determined that the charge has been proved but has not yet awarded a punishment, and
b
there has been a failure to comply with rule 22 or any provision of these rules in respect of sentencing,
the commanding officer may if possible rectify the failure unless to do so would in his opinion be unfair to the accused.
Effect of provisions where charges are amended, substituted or added
26
1
This rule applies where, after the start of a summary hearing —
a
a charge is amended under section 123(2)(a) of the Act;
b
a charge is substituted for another charge under section 123(2)(b) of the Act; or
c
an additional charge is brought under section 123(2)(c) of the Act.
2
In relation to the charge amended, substituted or added, these rules have effect with the following modifications.
3
Where a charge is amended, rule 8 shall apply as if the charge were a fresh charge falling within rule 4(1)
4
In rules 8 and 9 —
a
references to fixing a time for the hearing are to be read as if they were references to fixing a time for proceeding with the hearing; and
b
references to the time fixed for a hearing are to be read as references to the time fixed for proceeding with that hearing.
5
References in rules 12(1) and 12(2) to starting the hearing are to be read as if they were references to proceeding with the hearing;
6
In rules 12(1)(a)(i) and 12(2) —
a
references to a charge are to be read as references to a charge amended, substituted or added after the start of the hearing;
b
references to charges are to be read as references to each charge amended, substituted or added after the start of the hearing.
7
In rule 17 —
a
the reference to the time fixed for the hearing has effect as if it were a reference to the time fixed for proceeding with the hearing;
b
the reference to compliance with rule 8(1) means compliance with that rule in relation to all amended, substituted or additional charges.
Written record
27
1
The commanding officer shall produce a written record of the hearing containing the following matters —
a
the name, rank or rate and service number of the accused;
b
the date and time of the hearing;
c
details of the charge or charges heard;
d
whether the accused admitted or denied each charge;
e
any determination that a charge has been proved;
f
any dismissal of a charge;
g
details of all punishments awarded;
h
any orders made;
i
any reasons given in accordance with section 252(1)(a) of the Act;
j
the discontinuance, after the start of the hearing, of proceedings on any charge;
k
any referral, after the start of the hearing, of a charge to the Director of Service Prosecutions;
l
such other matters as he considers should be recorded.
2
If the power to make an activation order arose in the course of the hearing, the written record shall also contain the commanding officer’s reasons for his decision whether or not to make such an order.
3
Where a written record has been produced in accordance with paragraph (1) in a case where a charge has been determined to have been proved the commanding officer shall, as soon as reasonably practicable after the hearing, provide the accused with a copy of it.
Notification to court administration officer
28
1
Where the commanding officer records a finding that a charge has been proved, and the offence was committed during the operational period of a relevant sentence passed on the accused by —
a
the Court Martial,
b
the Court Martial Appeal Court, or
c
the Supreme Court on an appeal brought from the Court Martial Appeal Court,
the commanding officer shall notify the court administration officer of the finding and provide him with a copy of the written record.
2
In this Rule, “the operational period of a relevant sentence” means —
a
the operational period of a suspended sentence of service detention;
b
the operational period of a suspended sentence of imprisonment;
c
the term of an order made under section 211 of the Act.
PART 3 Hearings as Regards the Making of Activation Orders
Application of Part 3
29
This Part applies where —
a
an offender has been convicted of an offence in the British Islands which was committed during the operational period of a suspended sentence of service detention passed on him by an officer or the Summary Appeal Court; and
b
the offender’s commanding officer has decided to hold a hearing as regards the making of an activation order.
Applications for extended powers where Part 3 applies
30
1
If the commanding officer —
a
is below the rank of rear admiral, major-general or air vice-marshal, and
b
considers that his powers might be insufficient to deal with the offender unless he had extended powers for the purposes of section 194,
he shall make an application to higher authority for extended powers for those purposes.
2
Any application under paragraph (1) shall be made as soon as reasonably practicable and shall contain —
a
the commanding officer’s reasons for considering that he needs extended powers for the purposes of section 194;
b
a copy of the written record of the summary hearing, or a copy of any record of the proceedings before the Summary Appeal Court, at which the suspended sentence of service detention was awarded;
c
such details as are known to the commanding officer of all proven offences committed by the offender during the operational period of the suspended sentence of service detention;
d
copies of —
i
the written records of any summary hearings,
ii
the written records of any hearings under Part 3 of these Rules, and
iii
any records of proceedings before any of the Summary Appeal Court, the Court Martial and the Court Martial Appeal Court,
at which reasons were given for any decision not to make an order under section 191 or 193 of the Act, in relation to the suspended sentence of service detention;
e
any disciplinary record of the offender; and
f
any other material which may in the opinion of the commanding officer be relevant to the application.
3
Where an application under paragraph (1) is granted the commanding officer shall provide the offender with a copy of the notification from higher authority that the application has been granted.
Preliminary procedures
31
1
The offender’s commanding officer shall as soon as reasonably practicable —
a
inform the offender in writing of —
i
the power to make an order under section 193 of the Act;
ii
his right under rule 33 to representation;
iii
the right of appeal under section 141 of the Act;
iv
his right to make submissions under rule 34(1)(b);
b
provide the offender with —
i
a copy of the written record of the summary hearing, or a copy of any record of the proceedings before the Summary Appeal Court, at which the suspended sentence of service detention was awarded;
ii
such details as are known to the commanding officer of all proven offences committed by the offender during the operational period of the suspended sentence of service detention;
iii
copies of —
aa
the written records of any summary hearings,
bb
the written records of any hearings under Part 3 of these Rules, and
cc
any records of proceedings before any of the Summary Appeal Court, the Court Martial and the Court Martial Appeal Court,
at which reasons were given for any decision not to make an order under section 191 or 193 of the Act, in relation to the suspended sentence;
iv
a copy of any disciplinary record of the offender; and
c
in accordance with paragraphs (2) to (4), fix a time for the hearing and give the offender notice in writing of that time.
2
In fixing the time for the hearing the commanding officer shall allow the offender a reasonable time to prepare for the hearing.
3
If the commanding officer has made an application under rule 30(1) he shall not fix a time for the hearing until he has received notification of the result of the application.
4
The time fixed for the hearing shall be not less than 24 hours after the commanding officer has complied with —
a
paragraph (1); and
b
where an application under rule 30(1) has been granted, rule 30(3).
Changing the time of a hearing
32
1
Subject to paragraph (2) —
a
at any time before the hearing the commanding officer may fix a different time for the hearing;
b
if after fixing a time for the hearing the commanding officer makes an application under rule 30(1), he shall cancel the time fixed and fix a different time for the hearing;
c
if, 24 hours or less before the time fixed for the hearing, the offender requests the commanding officer’s assistance in finding a person to nominate under rule 33(1), the commanding officer shall cancel the time fixed and fix a different time for the hearing.
2
Where a different time is fixed for a hearing —
a
it shall be fixed in accordance with rule 31(2) to (4);
b
the commanding officer shall notify the offender of it in writing.
3
Where the commanding officer fixes a different time for the hearing by virtue of paragraph (1)(c), the time fixed shall be not less than 24 hours after he has complied with rule 33(5).
Representation
33
1
Subject to paragraphs (2) and (3) the offender may nominate a person to represent him at the hearing (the “offender’s assisting officer”).
2
A person may only be nominated as an offender’s assisting officer if he —
a
is subject to service law;
b
is of at least the rank or rate of petty officer, military or marine sergeant, or air force sergeant; and
c
consents to be nominated.
3
A person may only continue to act as an offender’s assisting officer while subject to service law.
4
Subject to paragraphs (2) and (3), if a person ceases to act as his offender’s assisting officer the offender may nominate another person to act in that role.
5
If the offender requests the commanding officer’s assistance in finding a person to nominate under paragraph (1), the commanding officer shall provide him with the names of at least two people available to be nominated under that paragraph.
6
Where a person consents to act as an offender’s assisting officer he may, on behalf of the offender, exercise any right of the offender to question witnesses or make submissions by virtue of this Part.
The hearing
34
1
At the hearing the commanding officer shall —
a
satisfy himself that the offender understands the purpose of the hearing and has had sufficient time to prepare for it;
b
give the offender an opportunity to adduce evidence as to his character; and
c
give the offender an opportunity to make submissions either orally or in writing about —
i
the appropriateness of making an activation order;
ii
the appropriate terms of such an order if it were made.
2
Where the offender adduces the evidence of a witness as to his character —
a
such evidence may be given orally or in writing;
b
if the witness gives evidence in writing —
i
his evidence shall be read to the commanding officer by the offender or his offender’s assisting officer; and
ii
the offender shall provide the commanding officer with a copy of the evidence;
c
the commanding officer shall give the offender an opportunity to question the witness; and
d
the commanding officer may question the witness after the offender has had the opportunity to do so.
3
In considering whether to make an activation order and, if such an order is to be made, what its terms should be the commanding officer shall take into account the following matters —
a
the details of the offence or offences for which the suspended sentence of service detention was imposed;
b
such details as are known to the commanding officer of all proven offences committed by the offender during the operational period of the suspended sentence of service detention;
c
the reasons given for any decision not to make an order under section 191 or 193 of the Act in relation to the suspended sentence of service detention;
d
any disciplinary record of the offender;
e
any submissions made by the offender about the matters mentioned in paragraph (1)(c);
f
any character evidence adduced by the offender;
g
any other matters that appear to the commanding officer to be relevant.
4
The commanding officer shall —
a
inform the offender of his decision as to whether to make an activation order; and
b
give his reasons for the decision.
5
If the commanding officer makes an activation order he shall —
a
inform the offender of the terms of the order;
b
remind the offender of his right of appeal under section 141 of the Act; and
c
remind the offender of his right to make an election under whichever of sections 290(2) and 291(2) of the Act, as modified by section 292, applies.
Adjournments
35
The commanding officer may adjourn a hearing at any point if he considers that to do so would be —
a
in the interests of fairness to the offender; or
b
expedient for any purpose and not unfair to the offender.
Written record
36
1
The commanding officer shall produce a written record of the hearing containing the following matters —
a
the name, rank or rate and service number of the offender;
b
the date of the hearing;
c
his decision as to whether to make an activation order;
d
his reasons for his decision; and
e
any order made.
2
The commanding officer shall, as soon as reasonably practicable after the hearing, provide the offender with a copy of the written record.
PART 4 Supplementary
Transitional provisions
37
Schedule 2 shall have effect.
Transitory provision
38
Until section 23 of the Constitutional Reform Act 2005 comes into force, references in these Rules to the Supreme Court are to be read as references to the House of Lords.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
7th May 2009