text:
Citation and commencement
1
These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) (No. 2) Regulations 2009 and come into force on 3rd May 2009.
Preliminary
2
The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 are amended as follows.
Increases in fees
3
In the regulations specified in column (1) of the Table, for each amount specified in column (2) substitute the amount specified in column (3).
Table
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
46(2)(a) 269 293 46(2)(b)(i) 269 293 46(2)(b)(ii) 32 35 50(a) 1558 1698 143 156 50(b) 770 839 50(c) 3335 3635 53 29 32 57(5) 21 23
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
2nd April 2009


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Crime (International Co-operation) Act 2003 (Exercise of Functions) Order 2009 and shall come into force on the 9th December 2009.
2
This Order extends to England and Wales and Northern Ireland.
3
In this Order —
a
“the 2009 Act ” means the Borders, Citizenship and Immigration Act 2009 ;
b
“general customs matter” has the meaning given by section 1(2) of the 2009 Act;
c
“general customs official” means a person designated as a general customs official in accordance with section 3(1) of the 2009 Act;
d
“customs revenue matter” has the meaning given by section 7(2) of the 2009 Act;
e
“customs revenue official” means a person designated as a customs revenue official in accordance with section 11(1) of the 2009 Act.
4
The functions conferred on a constable under sections 17 and 19 of the Crime (International Co-operation) Act 2003 may be exercised by —
a
a general customs official in relation to an offence, or to offences, which if committed in the UK would relate to a general customs matter; or
b
a customs revenue official in relation to an offence, or to offences, which if committed in the UK would relate to a customs revenue matter.
West of Spithead
Parliamentary Under Secretary of State
Home Office
12th November 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Planning Act 2008 (Commencement No. 2) Order 2009.
2
In this Order “ the Act ” means the Planning Act 2008.
Provisions coming into force on 1st October 2009 in relation to England and Wales and, to the extent specified in section 240(4) of the Act, to Scotland
2
The following provisions of the Act (so far as they are not yet in force) shall come into force, in relation to England and Wales and, to the extent specified in section 240(4) of the Act, to Scotland, on 1st October 2009 —
a
sections 1 to 4 and Schedule 1;
b
sections 37 to 54; and
c
sections 56 to 59.
Provision coming into force on 1st October 2009 in relation to England and Wales
3
Subsections (1) to (3), (5) and (6) of section 190 of the Act shall come into force, in relation to England and Wales, on 1st October 2009.
Provision coming into force on 1st October 2009 in relation to England
4
Section 200 of the Act shall come into force, in relation to England, on 1st October 2009.
Signed by authority of the Secretary of State for Communities and Local Government
Bill McKenzie
Parliamentary Under Secretary of State
Department for Communities and Local Government
1st September 2009


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2009 and shall come into force on 23rd March 2009.
2
These Regulations do not extend to Northern Ireland.
Amendment to the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 2002
2
1
Regulation 2 of the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 2002 shall be amended as follows.
2
Omit the word “and” which follows sub-paragraph (s).
3
After the word “and” which follows sub-paragraph (t) insert —
u
Directive 2008/68/ EC of the European Parliament and of the Council on the inland transport of dangerous goods ; and
.
Signed by the authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
17th February 2009


text:
PART 1 PRELIMINARY
Citation and commencement
1
This Order may be cited as the Penzance Harbour Revision Order 2009 and shall come into force on 18th September 2009.
Interpretation
2
1
In this Order, except where the context otherwise requires —
“the Act of 1847 ” means the Harbours Docks and Piers Clauses Act 1847 ;
“the Act of 1883 ” means the Penzance Corporation Act 1883 ;
“the Act of 1995 ” means the Merchant Shipping Act 1995 ;
“ the Council ” means Cornwall Council;
“deposited plans” and “deposited sections” mean respectively plans and sections which have been deposited in connection with this Order, two copies of which have been deposited at the offices of the Department for Transport and one copy of which has been deposited at the offices of the Council;
“ harbour ” means Penzance Harbour the limits of which are defined in article 18 (Limits of harbour) and the harbour premises ;
“ harbour master ” means any person appointed as such pursuant to section 51 of the Act of 1847;
“harbour premises” means the quays, berths, landing places, and all other works , land and buildings for the time being vested in or occupied or administered by the Council as part of the undertaking ;
“ hovercraft ” means a vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle;
“land” includes land covered by water, any interest in land and any servitude or right in, to or over land;
“ level of high water ” means the level of mean high-water springs;
“the limits of deviation ” means the limits of deviation shown on the deposited plans;
“ master ” in relation to a vessel means any person for the time being having or taking the command, charge or management of the vessel;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“undertaking” means the harbour undertaking for the time being of the Council;
“vessel” means a ship, boat, raft or water craft of any description however propelled or moved, and includes a displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily); and
“works” means the works authorised by this Order, or as the case may require, any part of those works and includes any work constructed pursuant to article 4 (Power to construct works).
2
All areas, directions, distances, lengths, widths and other measurements as stated in any description of works, powers or lands other than article 5 (Power to deviate) of this Order shall be construed as if the words “or thereabouts” were inserted after each such area, direction, distance, length, width and other measurement.
3
Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points.
4
Any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.
Incorporation of Harbours, Docks and Piers Clauses Act 1847
3
1
The Act of 1847 (except sections 6 to 25, 28, 31, 42, 48 to 50, 67 and 77), so far as applicable to the purposes, and not inconsistent with, the provisions of this Order, is incorporated with, and forms part of this Order subject to the modifications stated in paragraphs (2) to (4).
2
Section 63 shall have effect subject to the modification that for the words from “liable to” to the end of the section there are substituted the words “be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale”.
3
Section 69 shall have effect subject to the modification that for the words from “shall forfeit” to the end of the section there are substituted the words “shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale”.
4
In construing the provisions of the Act of 1847 as incorporated with this Order —
a
the expression “the special Act ” means this Order, the expression “the undertakers” means the Council and the expression “the harbour, dock, or pier” shall mean the harbour;
b
for the definition of the word “vessel” in section 3 of the Act of 1847 there shall be substituted the definition of that word in article 2(1) of this Order;
c
the reference in section 53 of the Act of 1847 to notice of a direction by the harbour master served upon a vessel shall not be construed as requiring the notice to be in writing.
Power to construct works
4
1
Subject to the provisions of this Order, the Council may in the lines and situations and upon the lands delineated on the deposited plans and within the limits of deviation shown on those plans and according to the levels shown on the deposited sections, construct and maintain the works described as follows with all necessary works and conveniences connected with them —
Work No. 1
A vertical retaining wall forming a quay face extending into Penzance Bay and enclosing an area of 0.5 hectares of the bed of the sea commencing by a junction with the existing sea wall 16 metres north-east of the Penzance Jubilee Bathing Pool at a point at SW476692298780 and extending in a north-easterly, then northerly direction for a distance of 165 metres and terminating on South Pier at a point at SW477870300098; the enclosed area to constitute a widening on the south side of South Pier and to be used as hard standing for marshalling and parking vehicles and for the construction of a passenger terminal, a freight terminal, public conveniences and a covered walkway.
Work No.2
A rock armoured revetment commencing by a junction with Work No. 1 at a point 19 metres south-west of its termination and extending in a northerly, then north-easterly direction for a distance of 260 metres and terminating in Penzance Bay at a point at SW479474301701, including the provision of a covered passenger walkway.
Work No. 3
An extension of solid construction of Lighthouse Pier, in an easterly then north-easterly direction for a distance of 61 metres using granite facing blocks on the exposed faces on the north side and abutting the rock armoured revetment forming part of Work No. 2 on the south side commencing on Lighthouse Pier at a point at SW478965301461 and terminating in Penzance Bay at a point at SW479352301772, including the relocation of the existing lighthouse.
Work No. 4
A suspended deck section extending over an area of 80 square metres between South Pier and Lighthouse Pier on the north side commencing on South Pier at a point at SW478027301045 and terminating on Lighthouse Pier at a point at SW477904300990.
2
The Council may, for the purposes of the works authorised by paragraph (1), demolish and remove any structures or apparatus lying within the limits of deviation and may by means of those works, enclose and reclaim so much of the foreshore as lies within the limits of deviation and may hold and use the same as part of the undertaking.
3
Subject to the provisions of this Order, the Council may, within the limits of deviation, reconstruct, extend, enlarge, replace or relay the works and may maintain the same as reconstructed, extended, enlarged, replaced or relaid.
4
The works shall for all purposes form part of the undertaking.
Power to deviate
5
Subject to the provisions of this Order, in carrying out Work Nos.1 to 4 the Council may deviate laterally from the lines or situations of those works as shown on the deposited plans to any extent not exceeding the limits of deviation and may deviate vertically from the levels of the works as shown on the deposited sections to any extent not exceeding 3 metres upwards and to such extent downwards as may be found necessary or convenient.
Subsidiary works
6
1
The Council may from time to time within the limits of deviation provide and operate such harbour facilities, together with works ancillary to those facilities, as may be necessary or convenient for the construction of the works or the operation of the undertaking, and for this purpose the Council may construct and maintain roads, buildings, sheds, offices, workshops, depots, walls, foundations, fences, gates, tanks, pumps, conduits, pipes, drains, wires, mains, cables, electrical substations, signals, conveyors, cranes, lifts, hoists, lighting columns, weighbridges, stairs, ladders, stages, platforms, catwalks, equipment, machinery and appliances and such other works and conveniences as may be necessary or expedient.
2
Without prejudice to paragraph (1), the Council may within the limits of deviation carry out and maintain such other works as may be necessary or convenient for the purposes of, or in connection with or in consequence of, the construction, maintenance or use of the works including —
a
works for the accommodation or convenience of vessels (including dolphins and pontoons); and
b
works to alter the position of apparatus, including mains, sewers, drains, pipes, conduits, cables, electrical substations and electrical lines.
Power to dredge
7
1
The Council, for the purposes of constructing and maintaining the works and of affording access to the harbour, may from time to time deepen, widen, dredge, scour, cleanse, alter and improve the bed of the sea and foreshore of the harbour and approaches to the harbour and may blast any rock within the harbour or in such approaches.
2
Subject to paragraph (3), all materials dredged up or removed by the Council in exercise of the powers of this article shall be the property of the Council and may be used, sold, deposited or otherwise disposed of as the Council may think fit.
3
No such materials shall be laid down or deposited —
a
in contravention of the provisions of any enactment as respects the disposal of waste; or
b
in any place below the level of high water otherwise than in such position and under such conditions and restrictions as may be approved or prescribed by the Secretary of State.
Obstruction of works
8
Any person who intentionally obstructs any person acting under the authority of the Council in setting out the lines of, or in constructing the works, or who interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Works to be deemed part of undertaking
9
The works shall be deemed for all purposes to be part of the undertaking and all byelaws, rules and regulations of the Council for the time being in force relating to the undertaking shall apply to the works and may be enforced by the Council accordingly.
Tidal works not be executed without approval of Secretary of State
10
1
A tidal work shall not be demolished, constructed, renewed, reconstructed or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is demolished, constructed, renewed, reconstructed or altered in contravention of this article or of any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require the Council at their own expense to remove the tidal work or any part of it and restore the site to its former condition; and if on the expiration of 30 days from the date when the notice is served upon the Council they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary to do so, the Secretary of State may remove the tidal work or part of it and restore the site to its former condition,
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council as a debt.
Survey of tidal works
11
The Secretary of State may at any time, if the Secretary of State deems it expedient, order a survey and examination of a tidal work or a site upon which it is proposed to construct the work, and any expense incurred by the Secretary of State in such a survey and examination shall be recoverable from the Council as a debt.
Provision against danger to navigation
12
1
In the case of injury to or destruction or decay of a tidal work or any part of it, the Council shall as soon as reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to comply in any respect with the provisions of this article, they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
13
1
Where a tidal work is abandoned or suffered to fall into decay the Secretary of State may by notice in writing require the Council at their own expense either to repair and restore the work or any part of it, or to remove the work and restore the site of it to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work authorised by this Order and consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work or any portion of it, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Council, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council as a debt.
Lights on tidal works during construction
14
1
During the whole time of the demolition, construction, renewal, reconstruction or alteration of a tidal work the Council shall at the outer extremity of it every night from sunset to sunrise exhibit such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Permanent lights on tidal works
15
1
After completion of a tidal work the Council shall at the outer extremity of that work, every night from sunset to sunrise exhibit such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Period for completion of works
16
1
Subject to paragraph (2), if the works are not completed within ten years from the coming into force of this Order or such extended time as the Secretary of State may on the application of the Council allow, then on the expiration of that period or such extended time (as the case may be) the powers by this Order granted to the Council for making and maintaining the works shall cease except as to so much of them as are then substantially commenced.
2
Nothing in paragraph (1) shall apply to any works carried out under paragraph (3) of article 4 (Power to construct works) or article 6 (Subsidiary works).
Planning, etc. jurisdiction
17
1
During the period beginning with the date when this Order comes into force and ending on the accretion date, the area within the limits of deviation shall, to the extent that it lies outwith the area of the Council, for the purposes of the Control of Pollution Act 1974 , the Environmental Protection Act 1990 and the Town and Country Planning Act 1990 , be annexed to and incorporated with that area.
2
On the accretion date, the area of the whole or of so much of the works authorised by article 4 (Power to construct works) and article 6 (Subsidiary works) as shall have been completed or substantially commenced shall to the extent that it lies outwith the area of the Council be annexed to and incorporated with that area.
3
In this article “accretion date” means whichever of the following dates first occurs, namely, the date when the works so authorised have been completed or the date when the powers conferred by article 16 (Period for completion of works) shall cease to have effect.
PART 2 HARBOUR REGULATION
Limits of harbour
18
1
The limits of the harbour within which the Council shall exercise jurisdiction and the harbour master shall exercise his powers shall be the area described in the Schedule.
2
The area described in paragraph (1) is, for the purpose of identification only, shown edged red on sheet 4 of the deposited plans.
Moorings
19
1
The Council may provide, place, lay down, maintain, renew, use or remove such moorings, buoys and similar apparatus for vessels —
a
on land owned or leased by the Council or in which they hold an appropriate interest; or
b
with the consent in writing of the owner and the lessee of the land, on any other land in the harbour.
2
The Council may demand, receive and recover in respect of any vessel using any of the moorings provided under this article or moored to land owned or leased by the Council such charges as the Council may from time to time prescribe.
3
The Council may compound with any other person with respect to the payment of the charges prescribed under paragraph (2).
4
The Council may give notice in writing to the person having the control of any vessel using any mooring in the harbour at the date this Order comes into force requiring him within 28 days to remove the mooring so as to enable the Council to provide, place or lay down moorings in accordance with paragraph (1).
5
If any person fails to comply with a notice given by the Council under this paragraph, the Council may at any time after the expiration of 28 days from the date of the giving of the notice remove the mooring referred to in that notice.
6
The Council may from time to time grant a licence to any person to place, lay down, maintain, renew and use moorings, buoys and similar apparatus for vessels in the harbour.
7
Nothing in any such licence shall entitle a person to place, lay down, maintain, renew and use and have any mooring on land not owned or leased by him or by the Council or in which he has no appropriate interest.
8
Any licence granted under paragraph (6) shall be valid only for a period of one year commencing with the date on which it takes effect.
9
The Council may charge a reasonable fee for the grant of a licence under this article.
10
Sections 43 to 46 of the Act of 1847 shall apply in relation to fees charged under this article.
11
Any person who —
a
intentionally obstructs any person acting under the authority of the Council in setting out moorings; or
b
intentionally and without lawful authority pulls up or removes any mooring in the harbour or any part of it; or
c
without reasonable excuse causes or permits a vessel to be moored in the harbour except at a mooring provided or licensed by the Council under this article or at a quay, jetty, slipway or other work or to land owned or leased by the Council; or
d
places, lays down or maintains in the harbour any mooring not provided or licensed by the Council under this article;
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
12
If any person places, lays down or maintains in the harbour any mooring not provided or licensed by the Council under this article, the Council may remove the mooring in question and recover from that person the expenses incurred in doing so.
13
In this article —
“mooring” includes any buoy, pile, post, chain, pillar or like apparatus or convenience used for the mooring of vessels;
“vessel” includes houseboat.
Parking places
20
The Council may provide facilities within the harbour for the parking of vehicles and for that purpose may erect barricades or fencing with related offices, waiting rooms and other conveniences and may make reasonable charges for the use of such facilities.
Removal of vehicles etc
21
1
If a vehicle or boat is left without the permission of the Council —
a
in any place where it is likely to obstruct or interfere with the use of the authorised works; or
b
in any part of the authorised works where the parking of vehicles or boats is prohibited by notice erected by the Council,
the Council may, at the risk of the owner, remove the vehicle or boat or cause it to be removed.
2
Any notice erected under paragraph (1)(b) shall be conspicuously posted in or close to the place to which it relates.
3
Where the Council in exercise of the powers of this article remove a vehicle or boat or cause it to be removed they shall as soon as practicable report that fact to a constable or to a police station.
4
The expenses of and incidental to the removal of a vehicle or boat under this article shall be recoverable from any person responsible.
5
For the purposes of paragraph (4) “person responsible” means —
a
the owner of the vehicle or boat at the time when it was put in the place from which it was removed under paragraph (1), unless the owner shows that he was not concerned in, and did not know of, its being put there; or
b
any person by whom the vehicle or boat was put in that place.
6
If the Council in exercise of the powers of this article remove a vehicle to a place not readily visible from the place whence it is so removed they shall, if and as soon as it is reasonably practicable to do so, send to the person for the time being registered as the owner of the vehicle for the purposes of the Road Vehicles (Registration and Licensing) Regulations 2002 or any other regulations having the like effect for the time being in force, at his last known address, his registered address or the address where the vehicle is ordinarily kept, notice that they have exercised the powers of this article and of the place to which the vehicle has been removed.
7
A notice stating the general effect of paragraph (1) shall be displayed in a prominent position at each place where a road accessible to vehicles enters any part of the works.
Byelaws
22
1
The Council may make byelaws for the good rule and government of the harbour and, without prejudice to the generality, for all or any of the following purposes —
a
for regulating the use of pontoons, stagings, quays, jetties, piers, walkways, bridges, approaches, slipways, landing places, berthing heads, boat lifts, mooring posts, buildings, parking places and other works and facilities provided by the Council;
b
regulating the shipping and unshipping, landing, warehousing, stowing, depositing and removing of goods within the harbour;
c
for preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property or persons within the harbour;
d
for regulating, preventing or licensing the conduct of all persons in vessels or otherwise in the harbour, not being members of a police force or officers or servants of the Crown or members of a fire and rescue authority acting in pursuance of the Fire and Rescue Services Act 2004 whilst in the exercise of their duties as such;
e
for regulating the placing, laying down, maintenance and use of moorings and for prescribing the patterns and specifications of moorings in the harbour;
f
for preventing or removing obstructions or impediments within the harbour;
g
for regulating the launching of vessels within the harbour;
h
for regulating or prohibiting the mooring, careening, beaching or anchoring and keeping of vessels in the harbour;
i
for regulating or preventing the use in the harbour or on board any vessel in the harbour of fires, lights or any other equipment, tools or appliances which the Council consider involves a risk of fire and for the prevention of smoking;
j
for regulating the removal or disposal of rubbish (including ballast, earth or clay or other refuse) and sewage from vessels in the harbour;
k
for the prevention of the disposal of such rubbish and sewage from vessels, in the harbour;
l
for prohibiting the use of or regulating the movement, speed and parking of vehicles within the harbour;
m
for requiring the use of effectual silencers and the general control of noise on vessels in the harbour;
n
for regulating vessels in the harbour and their entry into and departure from the harbour and, without prejudice to the generality, for prescribing rules for regulating the speed and manner of navigation and the lights and signals to be exhibited or made by, or for the benefit of, vessels using, navigating or mooring within the harbour;
o
for regulating the embarkation of persons into, or their disembarkation from, vessels within the harbour;
p
for regulating the holding of regattas and other public events in the harbour;
q
for prescribing the lights and signals to be exhibited or made —
i
by vessels aground within the harbour;
ii
by devices used for marking obstructions within the harbour;
iii
for assisting the navigation of vessels within the harbour, at the entrance to any dock or at any wharf, pier or other work;
r
for the prevention of nuisances in the harbour;
s
for preventing or regulating the discharge by land or sea of any material or thing within the harbour or the approaches to it;
t
for regulating or preventing fishing for marine creatures of any type and by whatever means from any pier, jetty, wharf, or other installation or structure of any kind within the harbour;
u
for regulating or preventing aquaplaning, jet skiing, water skiing or diving or other recreational activities in the harbour;
v
for regulating or preventing bathing, and for securing the protection of bathers, within the harbour;
w
for regulating or preventing the use by vehicles of the foreshore within the harbour;
x
for regulating the use of ferries within the harbour and the conduct of boatmen, ferrymen and others plying for hire in the harbour and of persons resorting to any works constructed or operated by the Council; and
y
for regulating the exercise of the powers vested in the harbour master.
2
In this article “signals” includes sound signals.
3
Byelaws made under this article, section 83 of the Act of 1847 and section 42 of the Act of 1883 may —
a
provide for imposing upon persons offending against them, or against any condition, requirement or direction imposed, made or given under such byelaws, fines not exceeding level 3 on the standard scale;
b
relate to the whole of the harbour or to any part of it;
c
make different provisions for different parts of the harbour or in relation to different classes of vessels or vehicles.
4
In proceedings for an offence against byelaws made by the Council under this article, section 83 of the Act of 1847 or section 42 of the Act of 1883, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised due diligence to avoid the commission of the offence.
5
The powers of this article are in addition to the powers conferred by section 83 of the Act of 1847 and section 42 of the Act of 1883.
Byelaws as to pleasure boats
23
The powers of the Council to make byelaws under section 185 of the Local Government Planning and Land Act 1980 (pleasure boats byelaws) shall apply in relation to pleasure boats and vessels operating in the harbour.
Confirmation of byelaws
24
1
The provisions contained in subsections (3) to (8) of section 236 and section 238 of the Local Government Act 1972 shall apply to all byelaws made after the coming into force of this Order, by the Council under this Order, section 83 of the Act of 1847 and section 42 of the Act of 1883.
2
In its application to byelaws made under this Order, section 83 of the Act of 1847 and section 42 of the Act of 1883, subsection (7) of section 236 shall have effect, subject to paragraph (3), as if after the word “confirm” in the first place where that word occurs there were inserted the words “with or without modification”.
3
Where the confirming authority proposes to make a modification which appears to the confirming authority to be substantial, then —
a
the conforming authority shall inform the Council and require them to take any steps the confirming authority thinks necessary for informing persons likely to be concerned with that modification; and
b
the confirming authority shall not confirm the byelaws until there has elapsed such period as the confirming authority thinks reasonable for the Council and other persons who have been informed of the proposed modification to consider and comment on it.
4
The confirming authority for the purposes of this article and of section 236 in its application to byelaws made under this Order, section 83 of the Act of 1847 and section 42 of the Act of 1883 shall be the Secretary of State.
General directions to vessels
25
1
The Council may, after consultation with the Chamber of Shipping in each case of an exercise of the powers, give directions for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation in the harbour and the approaches to it and, without prejudice to the generality of what is stated above, for any of the following purposes —
a
for designating areas, routes or channels in the harbour and the approaches to it which vessels are to use, or refrain from using, for movement or mooring;
b
for securing that vessels move only at certain times or during certain periods;
c
for requiring the master of a vessel to give to the harbour master information relating to the vessel reasonably required by the harbour master for the purposes of this paragraph.
2
Directions given under paragraph (1) may apply —
a
to all vessels or to a class of vessels designated, or the designation of which is provided for, in the direction; and
b
to the whole of the harbour and the approaches to it, or to a part designated, or the designation of which is provided for, in the direction; and
c
at all times or at times designated, or the designation of which is provided for, in the direction,
and every direction given under this article shall specify the extent of its application in relation to the matters referred to in sub-paragraphs (a), (b) and (c).
3
The Council may, after consultation with the Chamber of Shipping, revoke or amend directions given under this article.
Publication of general directions
26
1
Notice of the giving of a general direction and of any amendment or revocation of a general direction shall, except in case of emergency, be published by the Council as soon as practicable once in Lloyd’s List or some other newspaper specialising in shipping news; and, if the notice relates to the giving or amendment of a direction, the notice shall state a place at which copies of it may be inspected and bought, and the price of such copies.
2
In an emergency, notice of the giving of a general direction or of any amendment or revocation of a general direction may be given in any manner the Council consider appropriate.
Special directions to vessels
27
1
In addition to the directions which the harbour master may give under section 52 of the Act of 1847 the harbour master may give a direction under this article —
a
requiring any vessel anywhere within the harbour or the approaches to it to comply with a requirement made in or under a general direction;
b
prohibiting the mooring of vessels in any particular part or parts of the harbour;
c
regulating or requiring the movement, mooring or unmooring of a vessel; and
d
regulating the manner in which a vessel takes in or discharges passengers, cargo, fuel, water or ship’s stores otherwise than at a quay or pier.
2
A special direction may be given in any manner considered by the harbour master to be appropriate.
3
The harbour master may revoke or amend a special direction.
Master’s responsibility to be unaffected
28
The giving of a general direction or a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel to which the direction is given in relation to the master’s vessel, persons onboard, its cargo or any other person or property.
Failure to comply with directions
29
The master of a vessel who fails without reasonable excuse to comply with a general direction or a special direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Enforcement of directions
30
1
Without prejudice to any other remedy available to the Council, if a special direction is not complied with within a reasonable time the harbour master may, where practicable, put persons on board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.
2
If there is no one on board the vessel to comply with a special direction, the harbour master may proceed as if the direction had been given and not complied with; but the harbour master shall not do so unless, after reasonable inquiry has been made, the master cannot be found.
3
Expenses incurred in the exercise of the powers conferred by this article shall be recoverable by the Council from the owner of the vessel as if they were a charge of the Council in respect of the vessel.
Exemptions, rebates, etc., in respect of charges
31
1
The Council may confer total or partial exemption from, allow rebates to, or make compositions with, any person with respect to charges and may vary or extinguish any such exemption or composition.
2
Nothing in section 30 of the Harbours Act 1964 shall require the Council to include, in the list of ship, passenger and goods dues kept at the harbour office as required by subsection (1) of that section, charges reduced by a rebate allowed on, or subject to a compounding arrangement in respect of, a due included in that list.
PART 3 MISCELLANEOUS AND GENERAL
Power to lease, etc.
32
1
The Council may at any time lease or grant for the purposes of the undertaking the use or occupation of, or any right of interest in, over or relating to, any lands, works, buildings, equipment or other property forming part of the undertaking for such period or periods and on such terms and conditions as may be agreed between the Council and the persons taking the same.
2
A lease or grant made or given under paragraph (1) may include provisions delegating to the lessee or grantee any of the functions of the Council other than those specified in sub-paragraphs (a) to (f) of paragraph 9B of Schedule 2 to the Harbours Act 1964.
Power to appropriate lands and works for particular uses, etc.
33
1
Notwithstanding anything in any statutory provision of local application the Council may from time to time for the purpose of or in connection with the management of the harbour set apart and appropriate any part of the harbour for the exclusive, partial or preferential use and accommodation of any particular trade, person, vessel or class of vessels, or goods, subject to the payment of such charges and subject to such terms, conditions and regulations as the Council think fit.
2
No person or vessel shall make any use of any part of the harbour so set apart or appropriated without the consent of the harbour master or other duly authorised officer of the Council and —
a
the harbour master, or as the case may be such officer, may order any person or vessel making use of the harbour without such consent to leave or be removed; and
b
the provisions of section 58 (Powers of harbour master as to mooring of vessels in harbour) of the Act of 1847 shall extend and apply with the necessary modifications to and in relation to any such vessels.
Boarding of vessels
34
A duly authorised officer of the Council may, on producing if so required his authority, enter and inspect a vessel in the harbour for the purposes of any enactment relating to the harbour (including any enactment so relating contained in subordinate legislation) or of any byelaw of the Council relating to the harbour, including the enforcement of any such enactment or byelaw.
Power to deal with unserviceable vessels
35
1
In addition to the powers conferred on the harbour master by section 57 of the Act of 1847 and on the Council by the Merchant Shipping Act 1995 the Council may sell, break up or otherwise dispose of any vessel which is unserviceable and has been laid by or neglected in the harbour or on land immediately adjoining the harbour.
2
The Council may retain out of the proceeds of sale of any such vessel, or any part of such proceeds, any expenses incurred by them in respect of the vessel, or in marking, buoying, lighting or otherwise controlling the vessel or warning shipping of its presence and any expenses incurred by the harbour master under section 57 of the Act of 1847 and shall pay the surplus, if any, to the person entitled to that surplus.
3
If the proceeds of sale are insufficient to reimburse the Council for the said expenses, or there is no sale, the Council may recover the deficiency, or, where there is no sale, the whole of the expenses, from the owner as a simple contract debt.
4
Except in the case of emergency, the Council shall, before exercising their powers under this article, give 14 days’ notice in writing of their intention to do so to the registered owner of the vessel and by advertisement in each of two successive weeks in a local newspaper circulating in the area of the Council, provided that, if the registered owner or his place of business or abode is not known to the Council or is outside the United Kingdom, the notice may be given by displaying it at the principal office of the Council for two successive weeks.
Charges for services not otherwise provided for
36
Subject to provisions of this Order the Council may demand and recover such reasonable charges or other consideration as they may determine in respect of any services rendered by them in connection with the harbour.
Defence of due diligence
37
1
In proceedings for an offence under any provision mentioned in paragraph (2) it shall be a defence for the Council to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
2
The provisions referred to in paragraph (1) are —
article 12 (Provision against danger to navigation);
article 14 (Lights on tidal works during construction); and
article 15 (Permanent lights on tidal works).
3
If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to the act or default of another person, the Council shall not, without leave of the court, be entitled to rely on that defence unless, within a period of 7 clear days before the hearing, they have served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that other person as was then in their possession.
Disapplication of regulation 60 of the Conservation (Natural Habitats, &c.) Regulations 1994
38
1
Regulation 60 of the Conservation (Natural Habitats, &c.) Regulations 1994 (“the Habitats Regulations”) shall not apply to any planning permission which relates to the works authorised by this Order and which is granted by article 3(1) of the Town and Country Planning (General Permitted Development) Order 1995 for the class of development described as permitted development in Part 11 of Schedule 2 to that Order.
2
Paragraph (1) does not apply if and to the extent that the works —
a
do not form part of the plan and project which was subject to an appropriate assessment in accordance with regulation 48 of the Habitats Regulations in connection with the making of this Order; and
b
are not subject to a further consent, permission or authorisation by a competent authority as defined in the Habitats Regulations.
Saving for Trinity House
39
Nothing in this Order shall prejudice or derogate from any of the rights, duties or privileges of Trinity House.
Crown rights
40
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown including (without prejudice to the general law concerning the applicability of statutes to the Duchy of Cornwall) the Duchy of Cornwall, and in particular and without prejudice to the generality, nothing in this Order authorises the Council or any licensee to take, use, enter upon or in any manner interfere with any land or interests in land or any rights of whatsoever description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to the Duchy of Cornwall or enjoyed by the possessor for the time being of the Duchy of Cornwall, without the consent of the Duke of Cornwall testified in writing under the seal of the said Duchy or, as the case may be, the consent in writing of two or more of such of the regular officers of the said Duchy or of such other persons as may be authorised under section 39 of the Duchy of Cornwall Management Act 1863 ; or
c
belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.
2
A consent under paragraph (1) may be given unconditionally or subject to terms and conditions.
Signed by authority of the Secretary of State for Transport
Richard Bennett
Head of Ports Division
Department for Transport
Date 27th August 2009


text:
Citation
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 22) Order 2009.
Provisions commenced
2
Section 27 of the Criminal Justice Act 2003 Act comes into force on 16th November 2009 to the extent not already in force.
Signed by the authority of the Secretary of State
Claire Ward
Parliamentary Under Secretary of State
Ministry of Justice
15th October 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Electoral Administration Act 2006 (Commencement No. 8 and Transitional Provision) Order 2009.
2
In this Order,
a
“the 2000 Act ” means the Political Parties, Elections and Referendums Act 2000;
b
“the 2006 Act ” means the Electoral Administration Act 2006;
c
“controlled transaction” must be construed in accordance with paragraph 2 of Schedule 7A to the 2000 Act; and
d
“donation” shall have the meaning given in paragraph 1(5) of Schedule 7 to the 2000 Act.
Appointed Date
2
The following provisions of the 2006 Act come into force on 1st July 2009 so far as they relate to a Member of the House of Commons —
a
section 59 (Reporting donations to holders of certain elective offices);
b
paragraph 99 of Schedule 1 so far as it provides for the insertion of paragraph 16 of Schedule 7A to the 2000 Act .
Transitional Provision
3
The provisions brought into force by article 2 have no effect in relation to any donation received or controlled transaction entered into before 1 st July 2009.
Jack Straw
Secretary of State
Ministry of Justice
16th June 2009


text:
Citation and Commencement
1
These Regulations may be cited as the Customs (Contravention of a Relevant Rule) (Amendment) Regulations 2009 and shall come into force on 24th December 2009.
Amendment of the Customs (Contravention of a Relevant Rule) Regulations 2003
2
The Customs (Contravention of a Relevant Rule) Regulations 2003 are amended as follows.
3
In regulation 2 —
a
for the definition of “Customs” substitute —
“Customs” means Her Majesty’s Revenue and Customs, the Secretary of State by whom customs functions are exercisable or the Director of Border Revenue;
;
b
after the definition of “Customs” insert —
functions exercised under these Regulations by the Secretary of State by whom customs functions are exercisable are general customs functions in accordance with the Borders, Citizenship and Immigration Act 2009 and those exercised by the Director of Border Revenue are customs revenue functions in accordance with the same Act;
;
c
delete the definition of “Customs authority of the United Kingdom” and delete the words —
for the purpose of the Code and the Implementing Regulation customs authority of the United Kingdom is one of the “customs authorities” defined in Article 4(3) with responsibility for inter alia applying customs rules within the territory of the United Kingdom;
;
d
delete the definition of “the Transit Regulations”.
4
In the Schedule, after the last entry under the heading Customs Declarations, insert the following —
Column 1
Description of Relevant Rule / Relevant Rule of a description
Column 2
Person of a description
Column 3
Penalty for contravention
Authorised economic operators Article 5a of the Code and Article 14w of the Implementing Regulation To inform Customs of all factors arising after an authorised economic operator certificate has been granted which may influence its continuation or content. The authorised economic operator. £2,500.
5
In the Schedule, for the entries under the heading “ Transit ” substitute —
Column 1
Description of a relevant Rule / Relevant Rule of a description
Column 2
Person of a description
Column 3
Penalty for contravention
Customs status of goods and Community transit Article 94(1) of the Code To provide a guarantee. The principal to the transit operation. £2,500. Article 96(1) and (2) of the Code Obligation to: (a) produce the goods intact at the customs office of destination by the prescribed time limit and duly observe the measures adopted by Customs to ensure identification of the goods; The principal to the transit operation.
A carrier or recipient of goods who accepts the goods knowing they are moving under Community transit.
£2,500.
£2,500.
(b) observe the provisions relating to the Community transit procedure.
The principal to the transit operation. £2,500. Article 313b(5) of the Implementing Regulation Where a regular shipping service has been authorised, obligation to use the authorisation and to communicate any withdrawal or change in the characteristics of the authorised service to the authorising authorities. The shipping company. £2,500. Article 313b(7) of the Implementing Regulation Where a vessel of an authorised shipping service is forced to tranship at sea or temporarily put into a third country port or free zone as described in the Article, to inform the customs authorities of the subsequent ports of call along the vessel’s scheduled route. The shipping company. £2,500. Article 324d of the Implementing Regulation Obligation for T2L or other commercial documents to contain the endorsement “signature waived” in place of the authorised consignor’s signature. The authorised consignor. £2,500. Article 448(5) as it applies to Article 324e(5) of the Implementing Regulation Obligation to notify all offences and irregularities to the customs authorities. The shipping company. £2,500. Article 359(1) of the Implementing Regulation To present the consignment and the transit accompanying document at each office of transit. The carrier. £2,500. Article 360(1) of the Implementing Regulation In the circumstances described
in Article 360(1)(a) to (e) (prescribed itinerary changed, seals broken, goods transferred to another means of transport, goods unloaded, or in the
event of some other incident or accident capable of affecting the ability of the principal or carrier to comply with his obligations), to make the
necessary entries in the transit accompanying document and present it with the consignment to the customs authorities of the Member State in whose territory the means of transport is located.
The carrier. £2,500. Article 361(1) of the Implementing Regulation To present the goods and the required documents at the office of destination during the days and hours appointed for opening; or, where allowed by the office of destination and at the request and expense of the party concerned, outside the appointed days and hours or at any other place. The principal.
The carrier.
£2,500.
£2,500.
Articles 6 and 7 of the Code and Articles 372 to 376 of the Implementing Regulation To comply with a condition of authorisation (including the conditions for use of simplifications and operating and control methods) of an immediately enforceable binding decision of Customs to authorise simplifications of Community transit. The principal.
The consignee.
£2,500 Article 377(1) of the Implementing Regulation To inform the customs authorities of any factor arising after the authorisation was granted which may influence its continuation or content. The authorisation holder. £2,500. Article 408(1) of the Implementing Regulation Obligation to: (a) immediately inform the office of destination responsible of the arrival of the goods by the “arrival notification” message including all incidents during transport; The authorised consignee. £2,500. (b) wait for the “unloading message” before starting the unloading; The authorised consignee. £2,500. (c) send the “unloading remarks” message in accordance with the time limit and procedure stipulated; The authorised consignee. £2,500. (d) make available or send to the office of destination a copy of the transit accompanying document which accompanied the goods according to the arrangement provided in the authorisation. The authorised consignee. £2,500. Article 353(3) of the Implementing Regulation To obtain the approval of the customs authorities to use a written transit declaration in the fallback procedure under paragraph 2(b) when the principal’s computer system and/ or network is/ are not functioning. The principal. £2,500. Point 5 of Annex 37d to the Implementing Regulation To inform the customs authorities when the principal’s computer system and/ or network is/ are available again. The principal. £2,500. Point 15 of Annex 37d to the Implementing Regulation Under the fallback procedure, to present a transit advice note in the required form to each office of transit. The carrier. £2,500. Point 30.1 of Annex 37d to the Implementing Regulation Under the fallback procedure, to send to the office of destination without delay the Transit Accompanying Document or Copies No 4 and No 5 of the transit declaration which accompanied the goods, indicating the date of arrival, the condition of any seals affixed and any irregularity. The authorised consignee. £2,500.
6
In the Schedule, after the entries inserted by regulation 5 of these Regulations, insert —
Column 1
Description of a relevant Rule / Relevant Rule of a description
Column 2
Person of a description
Column 3
Penalty for contravention
Provisions concerning bananas Articles 6 and 7 of the Code and Articles 290a and 290b of the Implementing Regulation To comply with a condition (including special conditions governing the procedure in question) of an immediately enforceable binding decision of the customs authorities in respect of an authorisation referred to in Article 290b. Authorised weigher. £2,500. Article 290c and Annexes 38b and 38c of the Implementing Regulation To draw up a banana weighing certificate in accordance with the required procedure and in the required form. Authorised weigher. £2,500.
7
In the Schedule, for the entry relating to Preference beginning “Article 199 of the Implementing Regulation Section 167(3) of the Act Community international agreements according to preferential rates of duty”, substitute the following —
Column 1
Description of a relevant Rule / Relevant Rule of a description
Column 2
Person of a description
Column 3
Penalty for contravention
Articles 27 and 20(3)(d) of the Code and the agreements therein referred to, which the Community has concluded with certain countries or groups of countries and which provide for the granting of preferential tariff treatment and which require that penalties shall be imposed on any person who draws up or causes to be drawn up a document which contains incorrect information for the purpose of obtaining preferential treatment for products Not to draw up, or cause to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products. Any person drawing up or causing to be drawn up such a document. £2,500. Articles 5 and 62 of the Code and Articles 84 and 199 of the Implementing Regulation Submission of an accurate, authentic proof of origin or equivalent declaration with attached documents in compliance with any obligation under a particular international agreement entered into by the Community applying as part of the law of the United Kingdom in relation to a relevant tax or duty by virtue of directly applicable Community legislation. The declarant or representative lodging the proof of origin or equivalent declaration with Customs.
£2, 500.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd December 2009


text:
Citation and Commencement
1
These Regulations may be cited as the Student Fees (Amounts) (England) (Amendment) Regulations 2009 and come into force on 1st September 2010.
Increases to the prescribed basic and higher amounts
2
The Student Fees (Amounts) (England) Regulations 2004 are amended as follows:
a
in regulation 4 for “£1285” substitute “£1310” and for “£3225” substitute “£3290”, and
b
in regulation 5 for “£640” substitute “£650” and for “£1610” substitute “£1640”.
Revocation of the Student Fees (Amounts) (England) (Amendment) Regulations 2008
3
The Student Fees (Amounts) (England) (Amendment) Regulations 2008 are revoked.
David Lammy
Minister of State for Higher Education and Intellectual Property
Department for Business, Innovation and Skills
26th November 2009


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Exemption of Minor Benefits) (Revocation) Regulations 2009 and shall come into force on 6th April 2009.
Revocation
2
The Income Tax (Exemption of Minor Benefits) (Amendment) Regulations 2007 (“the 2007 Regulations ”) are revoked.
Saving
3
But the 2007 Regulations shall continue to have effect until the exemption which they provide is re-enacted (with or without modifications) by amendment of the Income Tax (Earnings and Pensions) Act 2003.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 2009


text:
Citation and commencement
1
This Order may be cited as the Welsh Authority (Digital Switchover) Order 2009 and comes into force on 12 August 2009.
Amendment of the Communications Act 2003
2
1
Section 204 of the Communications Act 2003 (Welsh Authority’s function of providing S4C and S4C Digital) is amended as follows.
2
For subsection (3) substitute —
3
The carrying out of that function —
a
must include the continuing provision of the service provided in digital form and known as S4C Digital; and
b
may include the continuing provision of the television broadcasting service known as Sianel Pedwar Cymru (“S4C”).
.
3
For subsection (4) substitute —
4
The duty of the Welsh Authority to provide S4C Digital includes a duty to secure that arrangements are made and remain in force for it to be broadcast in digital form.
.
Amendment of the Broadcasting Act 1996
3
In section 29 of the Broadcasting Act 1996 (the S4C digital service) omit subsections (1), (3) and (4).
Amendment of the Broadcasting Act 1990
4
1
The Broadcasting Act 1990 is amended as follows.
2
In section 58 (sources of programmes for S4C) for subsection (1) substitute —
1
For the purpose mentioned in subsection (1A) the BBC shall —
a
provide to the Welsh Authority (free of charge) sufficient television programmes in Welsh to occupy not less than ten hours’ transmission time per week; and
b
do so in a way which meets the reasonable requirements of the Authority.
1A
The purpose is to enable the Welsh Authority to fulfil —
a
so much of the public service remit for S4C as is contained in paragraph 3(2)(a) and (b) of Schedule 12 to the Communications Act 2003; and
b
so much of the public service remit for S4C Digital as is contained in paragraph 3(3) of that Schedule.
.
3
In section 71(1) (interpretation of Part 1), in the definition of “S4C”, after ““S4C”” insert “and “S4C Digital” each”.
Ben Bradshaw
Secretary of State
Department for Culture, Media and Sport
19th July 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Amendment) (England) Regulations 2009 and shall come into force on 6th April 2009.
2
These Regulations apply in relation to England only.
Amendment to the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997
2
1
The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997 are amended as follows.
2
In regulation 3 (classes of appeal for determination by appointed persons), after paragraph (e), add —
f
appeals under paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991 (appeals relating to old mining permissions).
.
3
In regulation 4 (classes of appeal reserved for determination by the Secretary of State), at the end add —
where the Secretary of State or the appropriate Minister has given a direction for section 266 of the Town and Country Planning Act 1990 to have effect in relation to the appeal (and the direction has not been revoked).
.
Saving
3
These Regulations do not apply to any appeal in respect of which notice of appeal was given to the Secretary of State before 6th April 2009.
Signed by authority of the Secretary of State
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
25th February 2009


text:
PART 1 General
Citation and commencement
1
These Regulations may be cited as the Scottish and Northern Ireland Banknote Regulations 2009 and shall come into force on 23rd November 2009.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Banking Act 2009;
“backing assets” means assets of a kind specified by regulation 6(2) ;
“Bank of England banknotes” means banknotes issued by the Bank of England;
“excluded banknote” has the meaning given by regulation 7(3) ;
“location” includes a vehicle;
“rules” means rules made by the Bank of England under these Regulations.
2
For the purposes of these Regulations —
a
a banknote is in circulation from the time that it is issued by an authorised bank until the time that it is returned to the bank;
b
a banknote has the potential to enter circulation if the banknote is not —
i
in circulation; or
ii
an excluded banknote;
c
a reference to the value of a banknote is a reference to the face value of the banknote.
PART 2 Bank of England
Rules
3
1
The Bank of England may, subject to the provisions of these Regulations, make rules about any aspect of the treatment, holding or issuing of banknotes by authorised banks.
2
The Bank of England must make rules in respect of the matters referred to in regulations 6(2)(a) , 7(1) , 8(4)(b) and 11(1) .
3
The Bank of England must consult an authorised bank which is or may be affected by —
a
a proposed rule; or
b
the proposed amendment or revocation of a rule.
4
Rules (including any rule amending or revoking a rule) may only be made with the approval of the Treasury.
5
Rules must be published by the Bank of England.
Bank of England approval
4
1
Where these Regulations confer a power of approval on the Bank of England, the Bank of England may grant approval subject to conditions.
2
The Bank of England may amend or revoke a condition to which an approval is subject.
3
The Bank of England must consult an authorised bank which is or may be affected by —
a
a proposed condition to which an approval may be subject;
b
the proposed withdrawal of an approval; or
c
the proposed amendment or revocation of a condition to which an approval is subject.
4
An authorised bank must comply with any conditions to which an approval is subject.
Consultation before commencement of Regulations
5
Where the Bank of England is required by regulation 3(3) , 4(3) or 7(5) to consult an authorised bank, the Bank of England may rely on consultation with the bank carried out before the coming into force of these Regulations.
PART 3 Requirements as to backing assets
Backing assets
6
1
An authorised bank must have backing assets in accordance with these Regulations and the rules.
2
The following kinds of assets are specified as backing assets —
a
Bank of England banknotes of such denominations and series as are specified in the rules;
b
current coins of the United Kingdom; and
c
funds placed on deposit in sterling in an account held by the Bank of England and designated by the Bank of England for the purposes of this regulation.
3
Backing assets in the form of Bank of England banknotes must be held either —
a
by the Bank of England; or
b
at one or more locations for the time being approved by the Bank of England for this purpose.
4
Backing assets in the form of coins must be held at one or more locations for the time being approved by the Bank of England for this purpose.
5
At least 60% of a bank’s backing assets which are held by a bank in respect of its banknotes in circulation must consist of assets of the kinds specified in paragraph (2)(a) and (b) .
6
The rules may prohibit an authorised bank from maintaining more than a specified proportion of its backing assets —
a
in locations approved under paragraph (3)(b) or (4) ; or
b
in the form of current coins of the United Kingdom.
7
The rules may specify requirements with which an authorised bank must comply where it —
a
places funds on deposit in an account designated under paragraph (2)(c) ; or
b
holds backing assets in a location approved under paragraph (3)(b) or (4) .
8
Rules may specify the procedure by which authorised banks may acquire or dispose of Bank of England banknotes and coins held as backing assets.
Value of backing assets to be held by an authorised bank
7
1
The rules must make provision for determining the value of backing assets which must be held by an authorised bank.
2
Excluded banknotes are not to be taken into account for the purposes of any such determination.
3
An excluded banknote is a banknote of an authorised bank which satisfies —
a
such requirements as the Bank of England may specify in the rules; and
b
such conditions as may be specified for the purposes of this regulation by the Bank of England in relation to the banknotes of the bank.
4
The Bank of England may amend or revoke any condition relating to an authorised bank’s banknotes.
5
The Bank of England must consult an authorised bank before specifying a condition in relation to its banknotes under paragraph (3)(b) , or amending or revoking such a condition under paragraph (4) .
Interest on a designated account
8
1
The Bank of England must pay interest to an authorised bank on the funds held by the bank in an account designated under regulation 6(2)(c) .
2
If the amount of funds held by the bank in a designated account exceeds the qualifying limit, the Bank of England shall only be required to pay interest on an amount equal to the qualifying limit.
3
For the purposes of this regulation, the qualifying limit is an amount equal to the total of —
a
40% of the value of an authorised bank’s banknotes in circulation; and
b
the value of the bank’s banknotes with the potential to enter circulation.
4
Interest shall be —
a
calculated on a daily basis at the rate paid on commercial bank reserves at the Bank of England; and
b
credited to the account at the end of such periods as are specified in the rules.
Ownership of, and interests in, backing assets
9
1
A bank’s backing assets are —
a
assets of the bank; and
b
held for the purpose of protecting holders of banknotes of the bank in accordance with these Regulations and the rules.
2
No person may have any interest in or right over the backing assets, except as provided in these Regulations.
PART 4 Requirements as to banknotes
Unissued banknotes
10
1
An authorised bank may only arrange for a person to hold its banknotes on its behalf otherwise than as bearer where that person is for the time being approved by the Bank of England for this purpose.
2
The rules may specify requirements with which an authorised bank must comply where it arranges for a person to hold its banknotes on its behalf otherwise than as bearer.
Cessation of note issue
11
1
The rules must set out the procedure which an authorised bank must follow if it —
a
intends to stop issuing banknotes; or
b
loses the right to rely on section 213 of the Act (saving for existing issuers) by virtue of —
i
a determination by the Treasury under section 223(1)(b) of the Act (termination of right to issue); or
ii
section 223(5) of the Act (bank ceasing to have permission to carry on the regulated activity of accepting deposits).
2
Where an authorised bank stops issuing banknotes —
a
these Regulations and the rules shall continue to apply to the bank for a period of two years from the date on which it stops issuing banknotes; and
b
the Bank of England must, by the end of that period, return to the bank any of the bank’s backing assets which it still holds.
3
Rules under paragraph (1) may, in particular, specify —
a
in a case where an authorised bank intends to stop issuing banknotes, the period of notice which the bank must give to the Bank of England before it stops issuing banknotes;
b
the arrangements which an authorised bank must make for the purpose of bringing the following matters to the attention of the public —
i
the proposed cessation or termination of note issue;
ii
the effect of the Regulations and rules ceasing to apply after a period of two years; and
iii
the arrangements which an authorised bank must make for the purpose of removing its banknotes from circulation.
Temporary continuation of note issuing after cessation
12
1
The Bank of England may, with the consent of the Treasury, permit an authorised bank to issue banknotes for a transitional period of no more than six months after the bank loses the right to rely on section 213 of the Act by virtue of section 223(4) or (5) of the Act.
2
The Bank of England may grant such permission before or after the bank loses the right to rely on section 213.
3
Where the Bank of England permits a bank to issue banknotes under paragraph (1) , the total value at any time during the transitional period of the bank’s banknotes in circulation and with the potential to enter circulation must not exceed the value of the bank’s backing assets at that time.
4
The Bank of England may grant permission under paragraph (1) subject to conditions.
5
The Bank of England may, by giving reasonable notice to the bank —
a
withdraw permission under paragraph (1) ;
b
amend or revoke a condition to which the permission is subject.
PART 5 Information
Provision of information to the Bank of England
13
1
The rules may require authorised banks to provide the Bank of England with such information as it may reasonably require for the purpose of —
a
exercising its functions under these Regulations or the rules; or
b
verifying or monitoring a bank’s compliance with a provision of these Regulations or the rules.
2
The rules may specify the period within which, and the form in which, the information is to be provided.
3
No person may be required by rules made under paragraph (1) to supply information that the person could not be compelled to supply in evidence in civil proceedings in the High Court or, in Scotland, in the Court of Session.
Reports as to banknotes and backing assets
14
1
The rules may require an authorised bank to provide reports to the Bank of England in respect of its banknotes which —
a
are in circulation;
b
have the potential to enter circulation;
c
are excluded banknotes;
d
have been ordered from a printer;
e
are in the course of being printed;
f
have been printed;
g
have been destroyed; or
h
are being held on behalf of the bank otherwise than as bearer.
2
The rules may require an authorised bank to provide reports to the Bank of England in respect of its backing assets.
3
The rules may make provision —
a
for the frequency with which such reports must be provided and the period to which they must relate; and
b
for the reports to include an estimate of the value of any description of banknotes or backing assets, and the method by which such an estimate is to be obtained.
Independent reports
15
1
The rules may require an authorised bank to provide the Bank of England with a report by an independent auditor on —
a
the accuracy of the information or reports provided in accordance with rules made under regulations 13 and 14 ; and
b
the adequacy of the methods used by the bank to calculate or obtain the information or compile the reports.
2
The rules may require an authorised bank to provide the Bank of England with a report on any matter about which the Bank of England has required or may require the provision of information or a report under rules made under regulation 13 or 14 .
3
A report under rules made under paragraph (2) must be made by a person who —
a
is nominated or approved by the Bank of England; and
b
appears to the Bank of England to have the skills necessary to make a report on the matter concerned.
4
A report under rules made under paragraph (1) or (2) must —
a
relate to such period as may be specified either in the rules or by notice by the Bank of England to the authorised bank; and
b
satisfy such other requirements as may be specified in the rules.
Publication or disclosure by Bank of England of enforcement action
16
1
The Bank of England may publish or disclose details of —
a
anything done in contravention of Part 6 of the Act (Banknotes: Scotland and Northern Ireland) or these Regulations or the rules;
b
any action taken under —
i
section 221 (offence: unlawful issue), 223 or 224 (application to court) of the Act, or
ii
regulation 33 of, or Schedule 3 to, these Regulations,
and may include details of the reason for the action and its result.
2
But the Bank of England must not publish details of any action taken under section 223 of the Act, regulation 33 or Schedule 3 —
a
before the end of a period of 3 months beginning with the relevant date; or
b
until any judicial review brought by the authorised bank in respect of that action has been determined.
3
For the purposes of paragraph (2)(a) , the relevant date is —
a
in a case where action has been taken under regulation 33 or Schedule 3, the date when the Bank of England has completed the process set out in the statement of policy published by it in accordance with paragraph 5(a) of Schedule 3;
b
in a case where the Treasury has determined for the purposes of section 223(1)(b) of the Act that an authorised bank should no longer be permitted to issue banknotes in reliance on section 213 of the Act, the date when the bank receives the notice referred to in section 223(4) of the Act.
Permitted publication or disclosure of information
17
1
Information provided to the Bank of England in accordance with the rules may be published or disclosed by —
a
the Bank of England, or any officer or servant of it; or
b
any person obtaining the information directly or indirectly from the Bank of England,
in any of the circumstances mentioned in paragraph (2).
2
The circumstances referred to in paragraph (1) are —
a
the authorised bank has given its consent to the publication or disclosure;
b
the information has been made available to the public from another source;
c
the information is in the form of a summary or collection of information so framed as not to enable information relating to a particular authorised bank to be ascertained from it;
d
the publication or disclosure is made for the purpose of enabling or assisting the Bank of England to discharge its functions under these Regulations;
e
the disclosure is made with a view to the instigation of, or otherwise for the purposes of, any criminal proceedings;
f
the disclosure is made with a view to the enforcement of any civil penalty imposed under regulation 33 ;
g
the publication or disclosure is made in pursuance of any Community obligation;
h
the disclosure is made to the Treasury or the Financial Services Authority, and the Bank of England considers that the disclosure would assist the Treasury or Financial Services Authority in the discharge of their functions under the Financial Services and Markets Act 2000 or, in the case of the Treasury, under the Act or these Regulations.
3
The Treasury or the Financial Services Authority may, for the purpose of assisting them in the discharge of their functions under the Financial Services and Markets Act 2000 or, in the case of the Treasury, under the Act or these Regulations, publish or disclose information obtained by them under paragraph (2)(h) .
Annual report by Bank of England
18
1
At least once a year the Bank of England must publish a report on the discharge of its functions under these Regulations.
2
The Bank of England must send a copy of each such report to the Treasury.
PART 6 Insolvency
Interpretation
19
1
In this Part —
“appointed insolvency practitioner” means an insolvency practitioner or similar office holder appointed in respect of an insolvent bank for the purposes of an insolvency process;
“insolvency process” means —
liquidation;
bank insolvency;
the appointment of a provisional liquidator;
the appointment of a provisional bank liquidator;
administration;
bank administration;
the appointment of a provisional bank administrator;
receivership;
a composition between a bank and its creditors;
a scheme of arrangement of a bank’s affairs; and
the processes specified in Part 1 of Schedule 2;
“insolvent bank” means an authorised bank which has entered an insolvency process;
“note exchange programme” means the arrangements made by the Bank of England for the purposes of regulation 21(1) ;
“noteholder” means a person holding banknotes of an insolvent bank;
“protected period” means the duration of the note exchange programme.
2
In this Part, a reference to a noteholder’s claim is a reference to a claim which is —
a
by a noteholder against an insolvent bank; and
b
for the payment of the total amount of money recorded as payable on the banknotes issued by that bank of which the noteholder is bearer.
Notification of insolvency
20
An authorised bank must notify the Bank of England without delay if it is, or is likely to be, unable to pay its debts as they fall due.
Note exchange programme
21
1
The Bank of England must make arrangements in relation to an insolvent bank to ensure that —
a
noteholders may exchange the banknotes giving rise to their claims for an equal value of banknotes, coins or funds of such other bank as the Bank of England may specify; and
b
the insolvent bank’s backing assets are applied for the purpose of satisfying noteholders’ claims.
2
The reference to another bank in paragraph (1)(a) includes a reference to the Bank of England.
3
The Bank of England shall have the right, for the purpose of such arrangements, to —
a
take immediate control of the insolvent bank’s backing assets;
b
exchange backing assets for other assets, and require the insolvent bank to hold those other assets as backing assets;
c
transfer the backing assets to noteholders in satisfaction of their claims;
d
satisfy the claims of noteholders with banknotes, coins or other funds belonging to the Bank of England and obtain reimbursement from the backing assets.
Rights of noteholders
22
1
The noteholders in respect of an insolvent bank shall, during the protected period, have the right to have the bank’s backing assets applied solely for the purpose of satisfying their claims.
2
The right referred to in paragraph (1) may only be exercised by a noteholder by participating in a note exchange programme.
3
At the end of the protected period, the right referred to in paragraph (1) shall cease.
Backing assets
23
1
During the protected period, the Bank of England may issue directions in relation to the insolvent bank’s backing assets, with which the bank must comply.
2
An insolvent bank’s backing assets shall —
a
be excluded from any insolvency process; and
b
during the protected period, be used solely for the purpose of satisfying noteholders’ claims by means of the note exchange programme.
3
At the end of the protected period —
a
paragraph (2)(a) and regulation 9(1)(b) and (2) shall cease to apply to any remaining backing assets; and
b
any remaining backing assets under the control of the Bank of England shall be returned to the insolvent bank or the appointed insolvency practitioner.
Note exchange programme: commencement and duration
24
1
The Bank of England must determine the date on which a note exchange programme commences, which must be after the authorised bank has entered an insolvency process.
2
Subject to regulation 11(2)(a) , a note exchange programme shall continue for a period of one year, or for such longer period as the Treasury may determine after consulting the Bank of England.
3
The Bank of England must make such arrangements as it considers appropriate for ensuring that the commencement of a note exchange programme and any extension by the Treasury of its duration are brought to the attention of the noteholders, the insolvent bank and any appointed insolvency practitioner.
Unissued banknotes
25
1
During the protected period —
a
the Bank of England shall have the right to take immediate control of the banknotes of the insolvent bank which have not been issued;
b
the Bank of England may issue directions in relation to the insolvent bank’s unissued banknotes, with which the bank must comply.
2
All other claims to or interests in such banknotes shall be extinguished on the commencement of the protected period or, if the Bank of England has granted the bank permission under regulation 27(1) to issue notes for a transitional period, at the end of that transitional period.
Rules relating to a note exchange programme and destruction of banknotes
26
1
The rules may make provision for the implementation of a note exchange programme and for the collection and destruction of an authorised bank’s banknotes.
2
In particular, the rules may specify —
a
the procedure which noteholders must follow in order to make their claims;
b
requirements with which an authorised bank must comply;
c
assistance and information which an authorised bank must provide; and
d
permissions or consents which an authorised bank must grant to the Bank of England or a person acting on its behalf.
Temporary continuation of note issuing after insolvency
27
1
The Bank of England may, with the consent of the Treasury, permit an authorised bank to issue banknotes for a transitional period of no more than six months after the bank loses the right to rely on section 213 of the Act by virtue of section 220(5) of the Act.
2
The Bank of England may grant such permission before or after the bank loses the right to rely on section 213.
3
Where the Bank of England permits a bank to issue banknotes under paragraph (1) , the total value at any time during the transitional period of the bank’s banknotes in circulation and with the potential to enter circulation must not exceed the value of the bank’s backing assets at that time.
4
The Bank of England may grant permission under paragraph (1) subject to conditions.
5
The Bank of England may, by giving reasonable notice to the insolvent bank —
a
withdraw permission under paragraph (1) ;
b
amend or revoke a condition to which the permission is subject.
Notes issued after loss of note issuing rights
28
1
This regulation applies where any banknotes are issued by an insolvent bank —
a
after it loses the right to rely on section 213 of the Act by virtue of section 220(5) or 223(5) of the Act; and
b
without the permission of the Bank of England under regulation 27(1) .
2
The holders of any such banknotes may participate in a note exchange programme despite the matters referred to in paragraph (1)(a) and (b) .
Modification of law of insolvency
29
Schedule 1, which contains modifications to the law of insolvency as it applies in relation to an authorised bank, has effect.
Processes serving a similar purpose to insolvency
30
For the purposes of section 217(6)(h) of the Act (backing assets), the processes in the Republic of Ireland set out in Part 1 of Schedule 2 serve a similar purpose to the processes listed in section 217(6)(a) to (g).
Laws serving a similar purpose to Part 4 of the Financial Services and Markets Act 2000
31
For the purposes of section 223(6) of the Act, the provision of the law of the Republic of Ireland referred to in Part 2 of Schedule 2 serves a similar purpose to Part 4 of the Financial Services and Markets Act 2000 (permission to carry on regulated activities).
PART 7 Enforcement
Court orders
32
The Bank of England may apply to the High Court or the Court of Session for —
a
relief in respect of failure to comply with these Regulations or with the rules; or
b
an order designed to ensure, or facilitate monitoring of, compliance with a provision of these Regulations or the rules.
Penalties
33
1
Where the Bank of England is satisfied that an authorised bank has failed to comply with any provision of these Regulations or of the rules, it may impose a penalty on the bank.
2
Schedule 3 contains supplementary provisions in relation to the imposition of penalties under this regulation.
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
18th November 2009


text:
Citation and commencement
1
These Regulations may be cited as the Mobile Roaming (European Communities) (Amendment) Regulations 2009 and shall come into force on 1st July 2009.
Amendments
2
The Mobile Roaming (European Communities) Regulations 2007 are amended as set out in the Schedule.
Savings
3
The amendment made to regulation 5(4) of the Mobile Roaming (European Communities) Regulations 2007 shall not apply in relation to any breach of an obligation under —
a
the Regulation (EC) No. 717/2007 of the European Parliament and of the Council of 27th June 2007 on roaming on public mobile telephone networks within the Community and amending Directive 2002/21/ EC ; or
b
regulation 13 of the Mobile Roaming (European Communities) Regulations 2007
which occurs before the coming into force of these Regulations.
Carter
Minister for Communications, Technology and Broadcasting
Department for Business, Innovation and Skills
29th June 2009


text:
Citation and commencement
1
These Regulations may be cited as the Open-Ended Investment Companies (Amendment) Regulations 2009 and come into force on the day after the day on which they are made.
Amendment of the Open-Ended Investment Companies Regulations 2001
2
1
The Open-Ended Investment Companies Regulations 2001 are amended as follows.
2
In regulation 1(3) (extent), after “Subject to Regulation 20(2)(b)” insert “and paragraphs 4A and 4B of Schedule 4”.
3
In regulation 2(1) (interpretation) —
a
after the definition of “the designated person”, insert —
“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000 ;
;
b
in the definition of “transfer documents”, after “paragraph 5(3)” insert “and (3A)”.
4
In Schedule 4 (share transfers) —
a
after paragraph 4 insert —
4A
1
Subject to sub-paragraph (2), section 136 of the Law of Property Act 1925 (which provides for certain assignments in writing to be effectual in law) applies to an absolute assignment (not purporting to be by way of charge only) of shares by means of electronic communication with the following modifications —
a
the reference in subsection (1) to writing under the hand of the assignor refers to an electronic communication made by the assignor or by his agent authorised in writing, and
b
the reference in that subsection to express notice in writing refers to express notice by electronic communication to the company.
2
Sub-paragraph (1) is of no effect in a particular case if the company refuses to register the transfer of shares which would, apart from this sub-paragraph, be made by the assignment in that case.
3
Sub-paragraph (1) shall not affect any transfer or assignment which, apart from that sub-paragraph, would be effectual in law.
4
This paragraph extends to England and Wales only.
4B
1
Subject to sub-paragraph (3), section 1(2)(a)(ii) of the Requirements of Writing (Scotland) Act 1995 (which requires certain gratuitous unilateral obligations to be in writing) shall not apply (if it would otherwise do so) to any gratuitous unilateral obligation relating to shares where —
a
the obligation is created by means of electronic communication;
b
the electronic communication is made by the debtor in the obligation;
c
such evidence (if any) as the company may require to prove the right of the person referred to in paragraph (b) to create the obligation is provided to it.
2
Where section 1(2)(a)(ii) of that Act does not apply by virtue of sub-paragraph (1), the obligation shall not be considered an obligation mentioned in subsection (2)(a) of that section for the purposes of subsection (3).
3
Sub-paragraph (1) is of no effect in a particular case if the company refuses to register the transfer of shares which would, apart from this sub-paragraph, by made by the obligation in that case.
4
This paragraph extends to Scotland only.
4C
1
Where a transfer of shares is made by means of electronic communication, the company must take reasonable steps to ensure that any electronic communication purporting to be made by the transferor is in fact made by the transferor.
2
Failure to take reasonable steps shall not make the transfer void or otherwise affect its validity.
;
b
in paragraph 5(3), after “transfer of registered shares” insert “except a transfer made by means of electronic communication”;
c
after paragraph 5(3), insert —
3A
In these Regulations “transfer documents”, in relation to any transfer of registered shares made by means of electronic communication, means —
a
such information in such form and transmitted by such method of electronic communication as is in accordance with any requirements imposed by the company for transfers by electronic communication, or if no such requirements are imposed, evidence of the electronic communication by which the transfer is made; and
b
such evidence (if any) as the company may require to prove the right of the transferor to transfer the shares in question.
;
d
in paragraph 6 —
i
the existing provision becomes sub-paragraph (1);
ii
in sub-paragraph (1), at the beginning insert “Subject to sub-paragraph (2),”;
iii
after sub-paragraph (1) insert —
2
The company may refuse to register any transfer of shares made by means of electronic communication.
.
Bob Blizzard
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 2009


text:
Citation
1
This Order may be cited as the Finance (No. 2) Act 2005, Sections 48(1) to (4), (Appointed Day) Order 2009.
Appointed Day
2
The day appointed for the coming into force of subsections (1) to (4) of section 48 of the Finance (No. 2) Act 2005 is 30th July 2009.
Alistair Darling
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
30th July 2009


text:
Citation, commencement, interpretation and effect
1
1
These Regulations may be cited as the Tax Credits Up-rating Regulations 2009 and shall come into force on 6th April 2009.
2
In these Regulations —
“the Child Tax Credit Regulations ” means the Child Tax Credit Regulations 2002 ;
“the Entitlement Regulations ” means the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 ;
“the Income Thresholds Regulations ” means the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002 .
3
These Regulations have effect in relation to awards of tax credits for the tax year beginning on 6th April 2009.
Amendment of the Child Tax Credit Regulations
2
1
The Child Tax Credit Regulations are amended as follows.
2
In regulation 7(4) (individual element) —
a
in sub–paragraph (a) for “£4,625” substitute “£4,905”;
b
in sub–paragraph (b) for “£5,645” substitute “£5,980”;
c
in sub–paragraph (c) for “£2,085” substitute “£2,235”;
d
in sub–paragraph (d) for “£4,625” substitute “£4,905”;
e
in sub–paragraph (e) for “£5,645” substitute “£5,980”; and
f
in sub–paragraph (f) for “£2,085” substitute “£2,235”.
Amendment of the Entitlement Regulations
3
For the Table in Schedule 2 to the Entitlement Regulations (maximum rates of the elements of a working tax credit) substitute the Table set out in the Schedule to these Regulations.
Amendment of the Income Thresholds Regulations
4
1
The Income Thresholds Regulations are amended as follows.
2
In regulation 3(3) (first income threshold for those entitled to child tax credit) for “£15,575” substitute “£16,040”.
3
In regulation 8(3) (determination of child tax credit) in step 4 for “£15,575” substitute “£16,040”.
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
26th March 2009