text:
Citation, extent and commencement
1
1
These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations 2010.
2
These Regulations extend to England and Wales .
3
These Regulations shall come into force on 30th March 2010.
Amendment of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007
2
The Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 are amended in accordance with regulations 3 to 7.
3
In regulation 4 (meaning of pensionable pay) —
a
for paragraph (2)(f) substitute —
f
the amount of any supplement paid —
i
by the Environment Agency ; or
ii
to an employee whose employment is transferred on 1st April 2010, under a staff transfer scheme, from the Learning and Skills Council for England to a local authority or to London Councils Limited ,
in recognition of the difference in contribution rates between members of the principal civil service pension scheme and the Scheme; or
; and
b
after paragraph (3), add —
4
In this regulation “local authority” has the same meaning as in regulation 16A.
.
4
In regulation 5 (benefits) , in paragraph (1) —
a
in sub-paragraph (a), omit “or”; and
b
in sub-paragraph (b), for “to him” substitute “to him; or”; and
c
after sub-paragraph (b), insert —
c
regulation 88 (bulk transfers in) of the Administration Regulations applies to him.
.
5
In regulation 6 (periods of membership) , in sub-paragraph (c), for “87”, substitute “88”.
6
In regulation 16 (retirement benefits), for paragraph (2), substitute —
2
Subject to regulation 16A, the normal retirement age of the Scheme is 65.
.
7
After regulation 16 insert —
Normal retirement age: staff of the Learning and Skills Council for England
16A
1
Subject to paragraphs (2) and (3), the normal retirement age of a person to whom this regulation applies is 60 and —
a
regulations 16, 20, 29 and 31 shall be construed accordingly;
b
references to 55 in regulations 18(1) and 30(1) (but not in regulation 19(1)) shall be construed as references to 50 (“the age 50 protections”); and
c
references to 65th birthday in regulations 18(2) and 20(14) (but not in regulation 17(1)) shall be construed as references to 60th birthday.
2
Any increases and enhancements under regulations 14(2) and 29(5) shall not apply to such a person in relation to benefits coming into payment before the age of 65.
3
Regulation 30(2) shall not apply to such a person.
4
Subject to paragraph (5), this regulation applies to a person who on 31st March 2010, is an employee of the Learning and Skills Council for England (“ LSC ”), and who on that date —
a
is an active member of the 1972 Section or the 2002 Section of the principal civil service pension scheme (“ PCSPS ”), or is eligible to join one of those Sections;
b
ceases to be a member of the PCSPS as a consequence of being named in a staff transfer scheme, providing for the transfer of their employment on 1st April 2010 from the LSC to a local authority or to London Councils Limited; and
c
on 1st April 2010 becomes an active member of the Scheme.
5
The age 50 protections and paragraph (3) shall only apply if the person either —
a
became an active member of the 1972 Section or the 2002 Section of the PCSPS before 6th April 2006;
b
became an active member of the 1972 Section of the PCSPS after 5th April 2006, and rule 3.10aa (termination of pensionable service on resignation or option out of the scheme) of that Section did not apply to such a person; or
c
became an active member of the 2002 Section of the PCSPS after 5th April 2006, and paragraph (3) of rule D.3 (early payment of pensions with actuarial reduction) of that Section applied to such a person.
6
In this regulation —
a
i
subject to sub-paragraph (ii), “local authority” has the same meaning as in section 579(1) of the Education Act 1996 ; but
ii
until an order under section 162 of the Education and Inspections Act 2006 (power to replace statutory references to local education authorities with references to local authorities) comes into force, “local authority”, means “local education authority” and “local education authority” shall be construed in accordance with section 12 of the Education Act 1996.
b
“the principal civil service pension scheme (“PCSPS”)” has the same meaning as in section 2(10) of the Superannuation Act 1972;
c
“the 1972 Section” means Section II of the PCSPS; and
d
“the 2002 Section” means Section 1 of the PCSPS.
.
8
After regulation 18 (flexible retirement) , insert —
Flexible retirement: staff of the Learning and Skills Council for England
18A
1
In relation to a person to whom this regulation applies, paragraph (1), of regulation 18 shall apply as if, for the words “and such benefits may, with his employer’s consent be paid” there were substituted “and such benefits shall be paid”.
2
This regulation applies to a person who on 31st March 2010, is an employee of the Learning and Skills Council for England (“LSC”), and who on that date —
a
is an active member of the 1972 Section or the 2002 Section of the principal civil service pension scheme (“PCSPS”), or is eligible to join one of those Sections;
b
ceases to be a member of the PCSPS as a consequence of being named in a staff transfer scheme, providing for the transfer of their employment on 1st April 2010 from the LSC to a local authority or to London Councils Limited ; and
c
on 1st April 2010 becomes an active member of the Scheme.
3
In this regulation “local authority”, “the principal civil service pension scheme (“PCSPS”)”, “the 1972 Section” and “the 2002 Section” have the same meaning as in regulation 16A.
.
9
In regulation 19 (early leavers: inefficiency and redundancy), in paragraph (2) for “before 31st March 2010” substitute “before 1st April 2010”.
Amendment of the Local Government Pension Scheme (Administration) Regulations 2008
10
The Local Government Pension Scheme (Administration) Regulations 2008 are amended in accordance with regulations 11 to 13.
11
After regulation 87 (changes of fund and variable time employees), add —
Part 10 Special cases
Bulk transfers in: the Learning and Skills Council for England
88
1
This regulation applies to a person who on 31st March 2010, is in the employment of the Learning and Skills Council for England (“LSC”), and —
a
is an active member of the principal civil service pension scheme (“PCSPS”) ;
b
ceases to be a member of the PCSPS as a consequence of being named in a staff transfer scheme, providing for the transfer of his or her employment on 1st April 2010, from the LSC to a local authority or to London Councils Limited ;
c
on 1st April 2010 becomes an active member of the Scheme ; and
d
opts to transfer his or her accrued rights from the PCSPS to the Scheme under special transfer arrangements.
2
The actuaries representing the PCSPS and the actuaries representing the appropriate administering authorities shall agree —
a
the transfer value payment in respect of a person to whom this regulation applies; and
b
the special transfer arrangements mentioned in paragraph ((1)(d).
3
In this regulation —
a
subject to paragraph (b), “local authority” has the same meaning as in section 579(1) of the Education Act 1996 ; but
b
until an order under section 162 of the Education and Inspections Act 2006 (power to replace statutory references to local education authorities with references to local authorities) comes into force, “local authority”, means “local education authority” and “local education authority” shall be construed in accordance with section 12 of the Education Act.
Former staff of the Learning and Skills Council for England
89
Except for the purposes of regulation 84(4), the normal retirement age of a person to whom regulation 16A of the Benefits Regulations (normal retirement age: staff of the Learning and Skills Council for England), applies is 60; and —
a
regulations 19(7), 23(4) and 68(3) shall be construed accordingly; and
b
in regulation 50(2) the reference to 65th birthday shall be construed as a reference to 60th birthday.
.
12
In Schedule 1, for the definition of “normal retirement age”, substitute —
“Normal retirement age”, except in regulation 89, is 65.
.
13
After Note 6 to the Table in Part 2 of Schedule 4, insert —
Part 3 Appropriate funds: probation trusts
1
This paragraph applies to —
a
any deferred or pensioner member affected on or after 1st April 2010, by the abolition of a local probation board (“ LPB ”); and
b
any active member who transfers on or after 1st April 2010 to a probation trust in accordance with a staff transfer scheme made under Schedule 2 to the Offender Management Act 2007 .
2
1
These Regulations apply to a member to whom paragraph 1 applies (“a LPB member”) subject to the modifications to regulation 30 (appropriate funds) set out in sub-paragraph (2).
2
For paragraph (1) of regulation 30, substitute —
1
The appropriate fund for a LPB member or a person who is entitled to any benefit in respect of a person who has been a LPB member is —
a
in the case of an active member, the fund identified by applying paragraph 8 of the Table in Part 1 of Schedule 4;
b
in the case of a deferred or pensioner member, the fund managed by the administering authority for the probation trust to which that member would have transferred had the member not ceased to be an active member before 1st April 2010;
c
in the case of a person who is entitled under the Benefits Regulations in respect of a LPB member, the fund managed by the administering authority for the probation trust to which that member would have transferred had the member not ceased to be an active member before 1st April 2010.
.
3
Where the effect of a modification under paragraph 2 is that an administering authority ceases to manage a LPB member’s appropriate fund, regulation 86 (changes of fund) shall apply in respect of a deferred or pensioner member as it applies in respect of an active member.
.
Signed by authority of the Secretary of State for Communities and Local Government
Rosie Winterton
Minister of State
Department for Communities and Local Government
1st March 2010


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Ship-to-Ship Transfers) (Amendment) Regulations 2010 and shall come into force on 16th August 2010.
Amendment of the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010
2
1
Regulation 1 of the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 is amended as follows.
2
In paragraph (2) for “1st April 2011” substitute “1st October 2011”.
3
In paragraph (3) for “1st October 2010” substitute “1st April 2011”.
4
In paragraph (3)(a) for “1st April 2011” substitute “1st October 2011”.
5
In paragraph (4) for “1st October 2010” substitute “1st April 2011”.
Signed by authority of the Secretary of State for Transport
M. E. Penning
Parliamentary Under Secretary of State
Department for Transport
7th July 2010


text:
Citation and commencement
1
These Regulations may be cited as the Electronic Commerce Directive (Hatred against Persons on Religious Grounds or the Grounds of Sexual Orientation) Regulations 2010 and shall come into force on the day after the day on which they are made.
Interpretation
2
1
In these Regulations —
“the 1986 Act ” means the Public Order Act 1986 ;
“ the Directive ” means Directive 2000/31/ EC of the European Parliament and of the Council of 8th June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) ;
“hatred on the grounds of sexual orientation” has the meaning given by section 29AB of the 1986 Act (meaning of “hatred on grounds of sexual orientation”) ;
“information society services” —
has the meaning given in Article 2(a) of the Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22nd June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations ); and
is summarised in recital 17 of the Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;
“recipient of the service” means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;
“relevant offence” means an offence under Part 3A of the 1986 Act (hatred against persons on religious grounds or grounds of sexual orientation);
“religious hatred” has the meaning given by section 29A of the 1986 Act (meaning of “religious hatred”); and
“service provider” means a person providing an information society service.
2
For the purposes of these Regulations —
a
a service provider is established in a particular EEA state if he effectively pursues an economic activity using a fixed establishment in that EEA state for an indefinite period and he is a national of an EEA state or a company or firm as mentioned in Article 54 of the Treaty on the Functioning of the European Union ;
b
the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider;
c
where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment where the service provider has the centre of his activities relating to the service,
and references to a person being established in any place must be construed accordingly.
Internal market: England and Wales service providers
3
1
If —
a
in the course of providing information society services, a service provider established in England and Wales does anything in an EEA state other than the United Kingdom, and
b
his action, if done in England and Wales, would constitute a relevant offence,
he shall be guilty in England and Wales of the offence.
2
If paragraph (1) applies —
a
proceedings for the offence may be taken at any place in England and Wales; and
b
the offence may for all incidental purposes be treated as having been committed at any such place.
Internal market: non-UK service providers
4
1
Proceedings for a relevant offence shall not be instituted against a non-UK service provider in respect of anything done in the course of provision of information society services unless the derogation condition is satisfied.
2
The derogation condition is satisfied where the institution of proceedings —
a
is necessary for the purposes of the public interest objective;
b
relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to it; and
c
is proportionate to that objective.
3
The public interest objective means the pursuit of public policy.
4
In this regulation “non-UK service provider” means a service provider who is established in an EEA state other than the United Kingdom.
Exception for mere conduits
5
1
A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in —
a
the provision of access to a communication network; or
b
the transmission in a communication network of information provided by a recipient of the service,
if the transmission condition is satisfied.
2
The transmission condition is that the service provider does not —
a
initiate the transmission;
b
select the recipient of the transmission; or
c
select or modify the information contained in the transmission.
3
Paragraph (1)(b) does not apply if the information is information to which regulation 6 applies.
4
For the purposes of this regulation, the provision of access to a communication network and the transmission of information in the network includes the automatic, intermediate and transient storage of information for the purpose of carrying out the transmission in the network.
5
Paragraph (4) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
Exception for caching
6
1
This regulation applies to information which —
a
is provided by a recipient of the service; and
b
is the subject of automatic, intermediate and temporary storage which is solely for the purpose of making the onward transmission of the information to other recipients of the service at their request more efficient.
2
A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in the transmission in a communication network of information to which this regulation applies if —
a
the service provider does not modify the information;
b
he complies with any conditions attached to having access to the information;
c
in a case to which paragraph (3) applies, the service provider expeditiously removes the information or disables access to it.
3
This paragraph applies if the service provider obtains actual knowledge that —
a
the information at the initial source of the transmission has been removed from the network;
b
access to such information has been disabled; or
c
a court or administrative authority has ordered the removal from the network of, or the disablement of access to, such information.
Exception for hosting
7
1
A service provider is only capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if —
a
the service provider knew when the information was provided that it was threatening and was provided with the intention of stirring up religious hatred or hatred on the grounds of sexual orientation; or
b
upon obtaining actual knowledge that the information was threatening and was provided with the intention of stirring up religious hatred or hatred on the grounds of sexual orientation, the service provider did not expeditiously remove the information or disable access to it.
2
Paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.
Revocation
8
1
The Electronic Commerce Directive (Racial and Religious Hatred Act 2006) Regulations 2007 are revoked, but that revocation shall not have effect in relation to a relevant offence committed wholly or partly before the coming into force of these Regulations.
2
For the purposes of paragraph (1) an offence is committed wholly or partly before the coming into force of these Regulations if any of the conduct or events alleged to constitute the offence occurred before the coming into force of the Regulations.
Signed by the authority of the Secretary of State
Claire M Ward
Parliamentary Under Secretary of State
Ministry of Justice
22nd March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 5) Regulations 2010 and shall come into force on 14th November 2010.
Amendment of the Social Security (Contributions) Regulations 2001
2
The Social Security (Contributions) Regulations 2001 are amended as follows.
Amendment of regulation 9
3
1
Amend regulation 9 (earnings period for statutory maternity pay, statutory paternity pay, statutory adoption pay and statutory sick pay) as follows.
2
In the heading to the regulation, for “statutory paternity pay,” substitute “ordinary and additional statutory paternity pay,”
3
In paragraph (2), in the introductory words and in sub-paragraph (a), for “statutory paternity pay” substitute “ordinary statutory paternity pay, additional statutory paternity pay”.
4
In paragraph (2A) for sub-paragraph (b) substitute —
b
in relation to ordinary statutory paternity pay, section 171ZD(3),
ba
in relation to additional statutory paternity pay, section 171ZED(3) and
.
Amendment of Schedule 4
4
1
Amend Schedule 4 (provisions derived from the Income Tax Acts and the Income Tax (Pay As You Earn) Regulations 2003) as follows.
2
In paragraph 7(13)(b) (calculation of deduction) for sub-paragraph (vii) substitute —
vii
any ordinary statutory paternity pay;
viia
any additional statutory paternity pay; and
.
3
In paragraph 9(1) (certificate of contributions paid) for sub-paragraph (g) substitute —
g
the amount of ordinary statutory paternity pay paid to the employee;
ga
the amount of additional statutory paternity pay paid to the employee; and
.
4
In paragraph 11(4) (payments of earnings-related contributions by employer), in the definition of the “SP” element of the formula contained in that paragraph, for “statutory paternity pay” substitute “ordinary statutory paternity pay, additional statutory paternity pay”.
5
In paragraph 22 (return by employer at end of year) —
a
in sub-paragraph (1)(da) for “statutory paternity pay” substitute “ordinary statutory paternity pay”;
b
after sub-paragraph (1)(da) insert —
daa
the total amount of additional statutory paternity pay paid during the year;
;
c
in sub-paragraph (2)(da) for “statutory paternity pay” substitute “ordinary statutory paternity pay”; and
d
after sub-paragraph (2) (da) insert —
daa
in respect of additional statutory paternity pay paid during that year to all his employees the total of the amounts determined under regulation 5 of the Additional Statutory Paternity (Birth, Adoption and Adoptions from Overseas) (Administration) Regulations 2010 ;
.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
14th October 2010
Mike Eland
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
11th October 2010
We concur in the making of these Regulations as indicated in the preamble
Signed by the authority of the Secretary of State for Work and Pensions
Steve Webb
Minister of State
Department for Work and Pensions
14th October 2010
Sealed with the Official Seal of the Department for Social Development on 7th October 2010.
Anne McCleary
Senior Officer of the Department for Social Development


text:
Citation and commencement
1
This Order may be cited as the Criminal Justice Act 2003 (Mandatory Life Sentence: Determination of Minimum Term) Order 2010 and shall come into force at the end of the period of one month beginning with the date on which it is made.
Amendment of Schedule 21 to the Criminal Justice Act 2003
2
1
Schedule 21 (determination of minimum term in relation to mandatory life sentence) to the Criminal Justice Act 2003 is amended as follows.
2
After paragraph 5, insert —
5A
1
If —
a
the case does not fall within paragraph 4(1) or 5(1),
b
the offence falls within sub-paragraph (2), and
c
the offender was aged 18 or over when the offender committed the offence,
the offence is normally to be regarded as sufficiently serious for the appropriate starting point, in determining the minimum term, to be 25 years.
2
The offence falls within this sub-paragraph if the offender took a knife or other weapon to the scene intending to —
a
commit any offence, or
b
have it available to use as a weapon,
and used that knife or other weapon in committing the murder.
3
In paragraph 6, for “within paragraph 4(1) or 5(1)” substitute “within paragraph 4(1), 5(1) or 5A(1)”.
4
In paragraph 10, for “and 5(2)” substitute “, 5(2) and 5A(2)”.
Transitional provision
3
The amendments made by article 2 do not apply in relation to a life sentence imposed for an offence of murder committed before the day on which this Order comes into force.
Signed by the authority of the Secretary of State
Claire M Ward
Parliamentary Under Secretary of State
Ministry of Justice
2nd February 2010


text:
Citation
1
This Order may be cited as the International Tax Enforcement (Bahamas) Order 2010.
Tax information exchange agreement to have effect
2
It is declared that —
a
the agreement set out in the Schedule to this Order has been made with the Government of the Commonwealth of The Bahamas with a view to the exchange of information foreseeably relevant to the administration or enforcement or recovery of the taxes, and debts relating to the taxes, covered by the agreement; and
b
it is expedient that the agreement should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and extent
1
1
These regulations may be cited as the Flood Risk (Cross Border Areas) Regulations 2010.
2
They come into force on 30th April 2010.
3
They extend to Great Britain.
Amendment of the Flood Risk Regulations 2009
2
The Flood Risk Regulations 2009 are amended in accordance with the following provisions of these Regulations.
3
In paragraph (5) of regulation 1 (Citation, commencement and extent) substitute “regulations 14A, 17A, 37, 38 and 39” for “regulation 37”.
4
For regulation 5 (“River basin district”) substitute —
“River basin district”
5
“River basin district” means —
a
a river basin district (within the meaning of regulation 2 of the Water Environment Regulations) which is entirely within England and Wales,
b
the Northumbria River Basin District referred to in regulation 37, and
c
an area so identified on the Cross Border Map consisting of either —
i
a river basin in England, or
ii
an English cross border area.
“Cross border areas”
5A
1
“English cross border area” means an area so identified on the Cross Border Map consisting, in relation to a river basin which is partly in England and partly in Scotland, of the part of that basin which is in England.
2
“Scottish cross border area” has the same meaning as in the Scottish Act .
“Cross Border Map”
5B
“Cross Border Map” means the map which is —
a
recorded electronically,
b
entitled “Cross Border River Basins Map (England and Scotland) 2010”, and
c
deposited in the principal library of the Department for Environment, Food and Rural Affairs.
.
5
After regulation 8 (“Water Environment Regulations”) insert —
“River basin management plan”
8A
“River basin management plan” means a river basin management plan prepared under regulation 11 of the Water Environment Regulations.
“Scottish Act”
8B
“The Scottish Act” means the Flood Risk Management (Scotland) Act 2009 .
.
6
In paragraph (7) of regulation 12 (Preliminary assessment reports) insert “or, in relation to an English cross border area the Environment Agency and the Scottish Environment Protection Agency acting jointly,” after “Environment Agency”.
7
In regulation 13 (Duty to identify flood risk areas: Environment Agency) insert after paragraph (3) —
4
This regulation does not apply in relation to an English cross border area.
.
8
In regulation 14 (Duty to identify flood risk areas: lead local flood authorities) insert after paragraph (9) —
10
This regulation does not apply in relation to an English cross border area.
.
9
After regulation 14 insert —
Duty to identify flood risk areas: English cross border areas
14A
The Secretary of State and the Scottish Ministers acting jointly must —
a
determine in relation to each English cross border area whether, in their opinion, there is a significant flood risk, and
b
identify the part of the English cross border area affected by that risk (the “flood risk area”).
.
10
In regulation 15 (Publication) insert after paragraph (2) —
3
In relation to an English cross border area, this regulation applies as if the reference to preliminary assessment maps and preliminary assessment reports includes the flood risk assessment prepared by SEPA under section 9 of the Scottish Act for an adjacent Scottish cross border area.
.
11
After regulation 17 (Review: lead local flood authorities) insert —
Review: Secretary of State and Scottish Ministers
17A
1
The Secretary of State and Scottish Ministers acting jointly must review the determination and identification of flood risk areas under regulation 14A.
2
The first review must be completed before 22nd December 2017.
3
Subsequent reviews must be carried out at intervals of not more than 6 years.
.
12
Regulation 18 (Duty to prepare flood hazard maps and flood risk maps: Environment Agency) is renumbered as regulation 18(1) and in that paragraph —
a
substitute “each relevant flood risk area” for “each flood risk area identified by it under regulation 13”, and
b
insert after paragraph (1) —
2
“Relevant flood risk area” means —
a
a flood risk area identified by the Environment Agency under regulation 13, and
b
a flood risk area in an English cross border area in which the Secretary of State and Scottish Ministers have identified (under regulation 14A) that there is a significant flood risk from —
i
the sea,
ii
main rivers, or
iii
reservoirs.
.
13
In paragraph (2) of regulation 19 (Duty to prepare flood hazard maps and flood risk maps: lead local flood authorities) —
a
omit “or” at the end of sub-paragraph (a),
b
insert “, or” at the end of sub-paragraph (b), and
c
insert after sub-paragraph (b) —
c
the flood risk area identified by the Secretary of State and the Scottish Ministers under regulation 14A, other than any mentioned in regulation 18(2)(b)
.
14
In regulation 20 (Flood hazard maps) —
a
omit paragraph (7), and
b
insert in paragraph (8) “or, in relation to an English cross border area the Environment Agency and the Scottish Environment Protection Agency acting jointly,” after “Environment Agency”.
15
In paragraph (4) of regulation 21 (Flood risk maps) insert “or, in relation to an English cross border area the Environment Agency and the Scottish Environment Protection Agency acting jointly,” after “Environment Agency”.
16
In regulation 22 (Publication) insert after paragraph (2) —
3
In relation to an English cross border area, this regulation applies as if the reference to flood hazard maps and flood risk maps includes the maps prepared by the Scottish Environment Protection Agency under section 21 of the Scottish Act for an adjacent Scottish cross border area.
.
17
Regulation 25 (Duty to prepare flood risk management plans: Environment Agency) is renumbered as regulation 25(1) and in that paragraph —
a
substitute “each relevant flood risk area” for “each flood risk area identified by it under regulation 13”, and
b
insert after paragraph (1) —
2
“Relevant flood risk area” means —
a
a flood risk area identified by the Environment Agency under regulation 13, and
b
a flood risk area in an English cross border area in which the Secretary of State and Scottish Ministers have identified (under regulation 14A) that there is a significant flood risk from —
i
the sea,
ii
main rivers, or
iii
reservoirs.
.
18
In paragraph (2) of regulation 26 (Duty to prepare flood risk management plans: lead local flood authorities) —
a
omit “or” at the end of sub-paragraph (a),
b
insert “, or” at the end of sub-paragraph (b), and
c
insert after sub-paragraph (b) —
c
the flood risk area identified by the Secretary of State and the Scottish Ministers under regulation 14A, other than any mentioned in regulation 25(2)(b)
.
19
For paragraph (9) of regulation 27 (Flood risk management plans) substitute —
9
In relation to an English cross border area —
a
paragraph (7) applies as if the reference to the Environment Agency is a reference to the Environment Agency and the Scottish Environment Protection Agency acting jointly, and
b
paragraph (8) applies as if the reference to guidance issued by the Environment Agency is a reference to guidance issued by the Environment Agency and the Scottish Environment Protection Agency acting jointly.
.
20
In regulation 28 (Publication) insert after paragraph (2) —
3
In relation to an English cross border area, this regulation applies as if the reference to flood risk management plans includes the plans produced by the Scottish Environment Protection Agency under section 27 of the Scottish Act for an adjacent Scottish cross border area.
.
21
In regulation 32 (Part 2: Environment Agency) —
a
substitute for paragraph (1) —
1
If the Environment Agency determines before 22nd December 2010 that it will prepare a flood hazard map, a flood risk map and a flood risk management plan for the whole of the river basin district then, in relation to that district —
a
regulations 9(1)(b), 13 and 16 do not apply to the Environment Agency, and
b
regulation 14A does not apply insofar as it relates to the risk of flooding from sources mentioned in regulation 13(1)(a) (although the Secretary of State and Scottish Ministers may take those risks into account if they consider that such flooding may affect flooding from a source not mentioned in regulation 13(1)(a)).
,
b
omit “and” at the end of paragraph (6)(a),
c
insert after paragraph (6)(a) —
b
if the district is an English cross border area, regulation 14A applies (to the extent that it was previously disapplied in relation to the district by paragraph (1)(b)), and
, and
d
renumber paragraph (6)(b) as paragraph (6)(c).
22
In regulation 34 (Part 2: lead local flood authorities) —
a
substitute for paragraph (1) —
1
If a lead local authority determines before 22nd December 2010 that it will prepare a flood hazard map, a flood risk map and a flood risk management plan for the whole of its area then, in relation to that area —
a
Part 2 does not apply to the authority, and
b
regulation 14A does not apply in relation to the authority’s area, except insofar as it relates to the risk of flooding from —
i
the sea,
ii
main rivers, and
iii
reservoirs.
,
b
insert after paragraph (6)(a) —
b
if the authority’s area is wholly or partly within an English cross border area, regulation 14A applies in relation to that part of the authority’s area (to the extent that it was previously disapplied in relation to the area by paragraph (1)(b)), and
, and
c
renumber paragraph (6)(b) as paragraph (6)(c).
23
In regulation 35 (Duty to co-operate) insert after paragraph (2) —
3
The Environment Agency and a lead local authority must —
a
co-operate with any Scottish flood authority for the purpose of assisting that authority to exercise its functions under the Scottish Act in relation to a Scottish cross border area, and
b
co-ordinate the exercise of its functions which relate to an English cross border area with a Scottish flood authority so as to take into account the risk of flooding in an adjacent Scottish cross border area.
4
“Scottish flood authority” means —
a
the Scottish Environment Protection Agency, and
b
a lead authority within the meaning of section 34 of the Scottish Act whose area falls wholly or partly in a Scottish cross border area.
.
24
For paragraph (2) of regulation 36 (Power to require information) substitute —
2
The Environment Agency and an authority listed in paragraph (3) must comply with a request of a lead local authority or the Secretary of State to provide information reasonably required in connection with the exercise of functions under these regulations.
.
25
For regulation 38 (Solway Tweed River Basin District) substitute —
Cross Border Advisory Group
38
1
The Secretary of State and Scottish Ministers must convene a Cross Border Advisory Group.
2
The Group is to consist of at least one individual nominated by each of the following —
a
the Environment Agency,
b
each Regional Flood Defence Committee (established under section 14 of the Environment Act 1995 ) whose area includes all or part of an English cross border area,
c
the lead local flood authority for each area which includes all or part of an English cross border area,
d
the Scottish Environment Protection Agency,
e
the district advisory group (established under section 49 of the Scottish Act) for each Scottish cross border area,
f
the sub-district advisory group (established under section 50 of the Scottish Act) for each part of a Scottish cross border area,
g
any other responsible authority within the meaning of the Scottish Act which has functions under that Act that relate to a Scottish cross border area, and
h
any other organisation that the Secretary of State and Scottish Ministers acting jointly invite to make a nomination.
Advice from the Cross Border Advisory Group
39
1
The Cross Border Advisory Group must advise the relevant authority on the manner in which it should exercise the functions contained in the following regulations insofar as they relate to an English cross border area —
a
regulation 9(1),
b
regulation 10,
c
regulation 14A,
d
regulation 16,
e
regulation 17,
f
regulation 17A,
g
regulation 18(1),
h
regulation 19,
i
regulation 23,
j
regulation 24,
k
regulation 25(1),
l
regulation 26,
m
regulation 29, and
n
regulation 30.
2
The Cross Border Advisory Group must advise the relevant authority on the manner in which it should exercise the functions contained in the following provisions of the Scottish Act insofar they relate to a Scottish cross border area —
a
section 9(1),
b
section 10(1),
c
section 13(1),
d
section 14(1),
e
section 21(1),
f
section 24(1),
g
section 27(1),
h
section 33(1), and
i
section 34(1).
3
The advice provided by the Cross Border Advisory Group must address the manner in which the relevant authorities should co-ordinate the exercise of their functions in relation to English cross border areas and Scottish cross border areas in order to ensure that the following are taken into account —
a
the impact on flood risk in an English cross border area of actions and inactions in an adjacent Scottish cross border area, and
b
the impact on flood risk in a Scottish cross border area of actions and inactions in an adjacent English cross border area.
Cross border areas: exercise of functions
40
When exercising the functions listed in regulation 39(1) in relation to an English cross border area, the authority exercising the function must have regard to —
a
the impact on flood risk in the English cross border area of actions and inactions in an adjacent Scottish cross border area,
b
the impact on flood risk in an adjacent Scottish cross border area of actions and inactions in the English cross border area,
c
documents produced under Part 3 of the Scottish Act in relation to an adjacent Scottish cross border area, and
d
the advice given by the Cross Border Advisory Group under regulation 39.
.
Amendment of the Flood Risk Management (Scotland) Act 2009
26
The Flood Risk Management (Scotland) Act 2009 is amended in accordance with the following provisions of these Regulations.
27
Section 12 (Flood risk assessments: availability for public inspection) is renumbered as section 12(1) and after that subsection insert —
2
In relation to a Scottish cross border area subsection (1) applies as if the reference to the flood risk assessment includes the preliminary assessment map and preliminary assessment reports prepared by the Environment Agency and the lead local flood authority under regulations 9 and 10 of the Flood Risk Regulations for an adjacent English cross border area.
.
28
In section 13 (SEPA to identify potentially vulnerable areas and local plan districts) insert after subsection (10) —
11
In relation to a Scottish cross border area, this section has effect as if each reference to the Scottish Ministers is a reference to the Scottish Ministers and the Secretary of State acting jointly.
.
29
In section 14 (Potentially vulnerable areas and local plan districts: review) insert after subsection (4) —
5
In relation to a Scottish cross border area, this section has effect as if each reference to the Scottish Ministers is a reference to the Scottish Ministers and the Secretary of State acting jointly.
.
30
Section 25 (Flood hazard maps and flood risk maps: availability for public inspection) is renumbered as section 25(1) and after that subsection insert —
2
In relation to a Scottish cross border area subsection (1) applies as if the reference to the flood hazard map and flood risk map includes the maps prepared by the Environment Agency and the lead local flood authority under regulation 18 and 19 of the Flood Risk Regulations for an adjacent English cross border area.
.
31
In section 30 (Flood risk management plans: publicity of drafts etc. and consultation) insert after subsection (8) —
9
In relation to a Scottish cross border area, a statement under subsection (1) and a draft under subsection (2) is to be published by SEPA and the Environment Agency acting jointly.
.
32
In section 32 (Flood risk management plans: approval and publication) insert after subsection (6) —
7
In relation to a Scottish cross border area, subsection (5) applies as if the duties on SEPA in relation to the plan in paragraphs (a), (b), (c) and (d) included similar duties in relation to the flood risk management plans prepared by the Environment Agency and the lead local flood authority under regulations 25 and 26 of the Flood Risk Regulations for an adjacent English cross border area.
.
33
After section 50 (Sub-district flood risk advisory groups) insert —
Cross border areas
50A
1
When exercising the functions listed in subsection (2) in relation to a Scottish cross border area, the authority exercising the function must have regard to —
a
the impact on flood risk in an adjacent English cross border area of actions and inactions in the Scottish cross border area,
b
the impact on flood risk in the Scottish cross border area of actions and inactions in an adjacent English cross border area,
c
documents produced under Parts 2, 3 and 4 of the Flood Risk Regulations in relation to an adjacent English cross border area, and
d
the advice given by the Cross Border Advisory Group under regulation 39 of the Flood Risk Regulations.
2
The functions are those contained in —
a
section 9(1),
b
section 10(1),
c
section 13(1),
d
section 14(1),
e
section 21(1),
f
section 24(1),
g
section 27(1),
h
section 33(1), and
i
section 34(1).
3
SEPA and each lead authority must —
a
co-operate with any English flood authority for the purpose of assisting that authority to exercise its functions under the Flood Risk Regulations in relation to an English cross border area, and
b
co-ordinate the exercise of its functions which relate to a Scottish cross border area with an English flood authority so as to take into account the risk of flooding in an adjacent English cross border area.
4
In this section “English flood authority” means —
a
the Environment Agency,
b
a lead local flood authority within the meaning of the Flood Risk Regulations whose area falls wholly or partly in an English cross border area.
.
34
In section 55 (Interpretation of Part 3) —
a
omit “, river basin”, and
b
insert the following definitions at the appropriate place —
“English cross border area” has the same meaning as in regulation 5A of the Flood Risk Regulations,
,
“ Flood Risk Regulations ” means the Flood Risk Regulations 2009 ,
,
“river basin” has the same meaning as in section 28(1) of the 2003 Act except that, in the case of a river basin which is partly in Scotland and partly in England, it means the part of that basin which is in Scotland,
, and
“Scottish cross border area” means a flood risk management district which comprises of, or includes, the Scottish part of a river basin (within the meaning of section 28(1) of the 2003 Act) which is partly in Scotland and partly in England,
.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
29th March 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 2) Order 2010 and comes into force on 7th July 2010.
2
In this Order —
“designated” means designated for the purposes of section 2(2), and similar expressions are to be construed accordingly;
“section 2(2)” means section 2(2) of the European Communities Act 1972;
“subordinate legislation” means orders, rules, regulations or schemes made under section 2(2).
Designation in relation to the safety management of road infrastructure
2
Each of the following is designated in relation to the safety management of road infrastructure —
a
the Secretary of State;
b
any Northern Ireland department; and
c
the Welsh Ministers.
Designation in relation to the prevention, reduction and management of waste
3
The Welsh Ministers are designated in relation to the prevention, reduction and management of waste.
Designation in relation to the environmental aspects of product design
4
Each of the following is designated in relation to the environmental aspects of product design —
a
the Secretary of State; and
b
any Northern Ireland department.
Relationship with other designations
5
1
This Order (except for Article 7) does not restrict the scope of any designation made by any other Order.
2
Where —
a
a Minister or department is designated by this Order, and
b
any other Minister or department is designated in relation to the same matter by this or any other Order,
any of them may make subordinate legislation in relation to that matter jointly.
3
In paragraph (2), “Minister or department” means —
a
a Minister of the Crown or government department, including a Northern Ireland Minister or Northern Ireland department, or
b
the Welsh Ministers .
Restrictions
6
1
Articles 2(b) and 4(b) only designate a Northern Ireland department to make subordinate legislation that forms part of the law of Northern Ireland, subject to paragraph (3).
2
Articles 2(c) and 3 only designate the Welsh Ministers to make subordinate legislation that applies in relation to Wales, subject to paragraph (3).
3
Paragraphs (1) and (2) do not apply where the subordinate legislation is made jointly with a Minister of the Crown or government department.
4
In this article —
a
“Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006 , and
b
“Minister of the Crown or government department” does not include a Northern Ireland Minister or Northern Ireland department.
Revocations
7
The following designations are revoked —
a
the designation of the Secretary of State in relation to energy efficiency and performance requirements for products contained in Schedule 1 to the European Communities (Designation) (No. 2) Order 2001 ; and
b
the designation of the Secretary of State in relation to the ecodesign of energy-using products contained in Schedule 1 to the European Communities (Designation) Order 2006 .
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Crime and Disorder (Prescribed Information) (Amendment) Regulations 2010 and shall come into force on 1st April 2010.
2
In these Regulations “the 2007 Regulations” means the Crime and Disorder (Prescribed Information) Regulations 2007 .
Amendments to regulation 1 of the 2007 Regulations
2
1
Regulation 1(2) of the 2007 Regulations is amended as follows.
2
In the appropriate place insert —
“provider of probation services” means every provider of probation services operating within the area in pursuance of arrangements under section 3 of the Offender Management Act 2007 which provide for it to be a responsible authority;
.
Amendments to the Schedule to the 2007 Regulations
3
1
The Schedule to the 2007 Regulations is amended as follows.
2
In paragraphs 1 and 2 for “1st April 2008” substitute “1st April 2010”.
3
In paragraphs 3 and 4 for “Fire Statistics, United Kingdom 2005” substitute “Incident Recording System – Questions and Lists, published by the Department for Communities and Local Government in May 2009”.
4
Omit paragraph 7.
5
In paragraph 8 for “for 2007/2008” substitute “as at 1st April 2010”.
6
After paragraph 12 insert —
13
Information held by each provider of probation services operating wholly or partly within the area on —
a
the demographic profile of offenders including age, gender, ethnicity, first part of postcode and offence description;
b
the assessment of factors relating to offenders’ criminality including thinking and behaviour, attitudes, accommodation, employment, training and education, relationships, lifestyle and associations, drug misuse and alcohol misuse; and
c
the risk posed by offenders of serious harm to others and of re-offending
in the area.
.
Alan Campbell
Parliamentary Under Secretary of State
Home Office
8th March 2010


text:
Citation, commencement, extent and interpretation
1
1
This Order may be cited as the Human Fertilisation and Embryology (Parental Orders) (Consequential, Transitional and Saving Provisions) Order 2010 and shall come into force on 6th April 2010.
2
Any amendment, repeal or modification of any enactment made by this Order shall have the same extent as the enactment to which it relates.
3
Subject to paragraph (2), this Order extends to England and Wales, Scotland and Northern Ireland.
4
In this Order —
“the 1990 Act ” means the Human Fertilisation and Embryology Act 1990 ;
“the 1994 Regulations ” means the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 ;
“the 1994 (Scotland) Regulations ” means the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994 ; and
“the 2008 Act ” means the Human Fertilisation and Embryology Act 2008.
Consequential amendments
2
The consequential amendments set out in the Schedule to this Order shall have effect.
Pending applications under section 30 of the 1990 Act
3
1
Neither the repeal of section 30 of the 1990 Act nor anything in the provisions specified in paragraph (2) affects any application for an order under that section that has been made but not disposed of before the day on which the repeal comes into force.
2
The provisions referred to are —
a
the provisions of the 2008 Act that come into force on the same day as that repeal; and
b
the amendments and revocations made by this Order.
Saving for regulations that apply adoption provisions relating to status
4
Despite the repeal of section 30 of the 1990 Act —
a
the 1994 Regulations, so far as relating to Part 4 of the Adoption Act 1976 or Part 5 of the Adoption (Northern Ireland) Order 1987 ; and
b
the 1994 (Scotland) Regulations, so far as they relate to Part 4 of the Adoption (Scotland) Act 1978 ,
remain in force in relation to orders under section 30 of the 1990 Act that are made before the commencement of the repeal of that section or by virtue of article 3 of this Order.
Revocations
5
The following instruments are revoked —
a
the 1994 Regulations except to the extent mentioned in article 4;
b
the 1994 (Scotland) Regulations except to the extent mentioned in article 4;
c
article 14(1) and (2) of the Adoption and Children (Commencement No. 10 Transitional and Savings Provisions) Order 2005 ; and
d
the Adoption and Children (Scotland) Act 2007 (Consequential Provisions) (No. 1) Order 2009
Signed by authority of the Secretary of State for Health.
Gillian Merron
Minister of State,
Department of Health
24th March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Children’s Trust Board (Relevant Partners) (Exceptions) (England) Regulations 2010 and come into force on 1st April 2010.
Prescribed relevant partners for the purposes of section 12A(4) of the Children Act 2004
2
A Strategic Health Authority is a relevant partner of a prescribed description for the purposes of section 12A(4) of the Children Act 2004.
Dawn Primarolo
Minister of State
Department for Children, Schools and Families
3rd March 2010


text:
Citation
1
This Order may be cited as the Political Parties and Elections Act 2009 (Commencement No. 3 and Saving Provision) Order 2010.
Appointed Date
2
The following provisions of the Political Parties and Elections Act 2009 come into force on 26th March 2010 —
a
section 25 (disposal of election documents in Scotland);
b
section 39 (amendments and repeals) in so far as it relates to the entry in paragraph (c); and
c
the entry in Schedule 7 (repeals) relating to section 63(3)(b) of the Representation of the People Act 1983 .
Saving Provision
3
The provisions brought into force by article 2 do not have effect in relation to any election for which the date of the poll specified in the notice of election issued in relation to that election is before the date on which those provisions come into force.
Signed by authority of the Secretary of State
Ann McKechin
Parliamentary Under Secretary of State
Scotland Office
24th March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Children’s Trust Board (Children and Young People’s Plan) (England) Regulations 2010 and shall come into force on 1st April 2010.
Interpretation
2
In these Regulations —
“ the Act ” means the Children Act 2004;
“appropriate diocesan authority”, “Church of England school” and “Roman Catholic Church school” have the same meanings as in section 142(1) of the School Standards and Framework Act 1998 ;
“ Board ” means a Children’s Trust Board established by virtue of arrangements under section 10 of the Act;
“Board partners” means the persons or bodies represented on the Board ;
“establishing authority” means (subject to regulation 9) the local authority in England which established the Board;
“plan” has the meaning given in regulation 3;
“plan period” has the meaning given in regulation 3;
“relevant partner” has the same meaning as in section 10 of the Act .
Requirement to prepare and publish a plan
3
1
Each Board must, in accordance with these Regulations, prepare and publish a children and young people’s plan setting out the strategy of the Board partners for co-operating with each other with a view to improving the well-being of children and relevant young persons in the area of the establishing authority so far as relating to —
a
physical and mental health and emotional well-being;
b
protection from harm and neglect;
c
education, training and recreation;
d
the contribution made by them to society; and
e
social and economic well-being
(referred to in these Regulations as “the outcomes”) (‘plan’).
2
Each Board must set out in any plan the period to which the plan is to relate (‘the plan period’).
Matters to be dealt with in the plan
4
1
Each plan must, in particular —
a
include an assessment of the needs of children and relevant young persons in the area of the establishing authority so far as relating to the outcomes (‘the needs assessment’);
b
identify the key actions (as identified by the needs assessment) planned to be taken to improve the outcomes for children and relevant young persons in the area of the establishing authority with reference in particular to children and relevant young persons who —
i
have special educational needs within the meaning of section 312 of the Education Act 1996 ;
ii
are disabled within the meaning of section 1 of the Disability Discrimination Act 1995 ; or
iii
are looked after by a local authority (within the meaning of section 22 of the Children Act 1989 ); and
c
set out the arrangements made by the Board partners for co-operating with each other, in particular the arrangements set out in paragraph (2).
2
The arrangements referred to in paragraph (1)(c) are arrangements relating to —
a
early intervention and preventative action;
b
co-ordinating provision of services for children and relevant young persons and adults within their families with a view to improving the well-being of such children and relevant young persons;
c
reducing, and mitigating the effects of, child poverty in the establishing authority’s area;
d
improving the behaviour of children and relevant young persons in the area of the establishing authority, and attendance of pupils (whether full-time or part-time) at school which must, in particular, (in the case of secondary schools) take into account the partnership reports submitted to the Board under section 248(3) of the Apprenticeships, Skills, Children and Learning Act 2009;
e
safeguarding and promoting the welfare of children and relevant young persons which must, in particular, take into account the report submitted to the Board by the Local Safeguarding Children Board for the area of the establishing authority under section 14A(2) of the Act;
f
contributing towards achieving any targets that relate to the area of the establishing authority and are set under regulations made under —
i
section 102 of the Education Act 2005 ( LEA performance targets);
ii
section 19 of the Education Act 1997 (school performance targets);
iii
section 1(3) of the Childcare Act 2006 (local authority well-being of young children targets); and
iv
section 9A of the Act (safeguarding targets);
g
contributing towards achieving any local improvement targets (within the meaning of section 105 of the Local Government and Public Involvement in Health Act 2007 ) insofar as they relate to children and relevant young persons and are specified by the establishing authority in its local area agreement pursuant to section 106 or 110 of that Act; and
h
the training and development of persons working with children and relevant young persons in the area of the establishing authority in order to deliver the key actions referred to in paragraph (1)(b), and the arrangements required by paragraph (2)(a) to (g).
Matters to be taken into account
5
1
When preparing, reviewing or revising a plan, the Board must have regard to the importance of acting, so far as possible, in a way which is compatible with the United Nations Convention on the Rights of the Child.
2
In paragraph (1) the reference to the United Nations Convention on the Rights of the Child is to the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20th November 1989, subject to any reservations, objections or interpretative declarations made by the United Kingdom at any time and for the time being in force.
Timing and manner of publication of the plan
6
1
The Board must publish the first plan on or before 1st April 2011 and each subsequent plan no later than 6 weeks after the end of the plan period for the previous plan.
2
The Board must publish each plan by —
a
placing it on the website of the establishing authority and any Primary Care Trust that is a relevant partner of that authority;
b
placing it on the website of any other Board partner as the Board considers appropriate; and
c
depositing sufficient copies of the plan to allow members of the public to take a copy in such public libraries and other places to which the public have access in the area of the establishing authority as the Board considers appropriate.
Consultation during the preparation of the plan
7
1
When preparing the plan the Board must consult —
a
such persons or bodies that the establishing authority has made arrangements with to promote co-operation under section 10(1)(c) of the Act and who are not also Board partners;
b
any relevant partners who are prescribed in regulations made under section 12A(4) of the Act and who are not Board partners;
c
such children, relevant young persons and their families in the area of the establishing authority as the Board considers appropriate;
d
such persons or bodies representing children, relevant young persons or families as the Board considers appropriate;
e
the Local Safeguarding Children’s Board for the area of the establishing authority;
f
any advisory board for a Sure Start Children’s Centre in the area of the establishing authority;
g
such persons or bodies in the establishing authority’s area, in particular those from the private, voluntary or independent sector, providing or commissioning services relating to children, relevant young persons, families or carers as the Board considers appropriate;
h
the appropriate diocesan authority for any foundation or voluntary school situated in the area of the establishing authority which is a Church of England or Roman Catholic Church school;
i
such other faith groups as the Board considers appropriate;
j
the proprietors of independent schools (within the meaning of section 463 of the Education Act 1996 ) in the area of the establishing authority;
k
the schools forum for the area of the establishing authority;
l
the admission forum for the area of the establishing authority;
m
the proprietors of independent specialist colleges in the area of the establishing authority;
n
such groups of persons representing local communities in the establishing authority’s area as the Board considers appropriate;
o
such registered providers of social housing in the establishing authority’s area as the Board considers appropriate; and
p
such partner authorities specified in section 104(2) and (3) of the Local Government and Public Involvement in Health Act 2007 who exercise functions or provide services within the area of the establishing authority as the Board considers appropriate.
2
If before the day on which these Regulations come into force any consultation was undertaken which, if it had been undertaken after that day would to any extent have satisfied the requirements of paragraph (1), those requirements will to that extent be taken to have been satisfied.
Review of the plan
8
1
Where the plan period exceeds a year or more the Board must review its plan each year in which the Board is not required to publish a plan.
2
When reviewing the plan the Board must consult such persons or bodies as it considers appropriate .
3
Following any review of the plan the Board must, if it considers it is necessary, revise the plan and publish it in accordance with regulation 6(2).
Transitional provision
9
1
Until a section 162(1)(b) order comes into force the reference to a “local authority” in the definition of “establishing authority” in regulation 2 is to be read as a reference to a children’s services authority.
2
In paragraph (1) “section 162(1)(b) order” means an order under subsection (1) of section 162 of the Education and Inspections Act 2006 containing provision made by virtue of paragraph (b) of that subsection (power to replace statutory references to children’s services authorities with references to local authorities).
Dawn Primarolo
Minister of State
Department for Children, Schools and Families
3rd March 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No.14) Order 2010.
2
In this Order “the 2008 Act ” means the Criminal Justice and Immigration Act 2008.
Appointed date
2
The following provisions of the 2008 Act come into force on 23 March 2010 —
a
section 74 (hatred on the grounds of sexual orientation) to the extent that it is not already in force;
b
section 148(1) (consequential etc. amendments and transitional and saving provision), to the extent that it refers to paragraph 70 (Criminal Justice Act 2003 ) of Schedule 26 (minor and consequential amendments);
c
section 149 (repeals and revocations), to the extent that it refers to the entry relating to section 233 of the Criminal Justice Act 2003, in Part 2 (sentencing) of Schedule 28 (repeals and revocations);
d
Schedule 16 (hatred on the grounds of sexual orientation) to the extent that it is not already in force;
e
in Schedule 26 (minor and consequential amendments), paragraph 70 (Criminal Justice Act 2003); and
f
in Part 2 (sentencing) of Schedule 28 (repeals and revocations), the entry relating to section 233 of the Criminal Justice Act 2003.
3
The following provisions of the 2008 Act come into force on 1 April 2010 —
a
section 148(1) (consequential etc. amendments and transitional and saving provision), to the extent that it refers to paragraph 83 (Offender Management Act 2007 ) of Schedule 26 (minor and consequential amendments); and
b
in Schedule 26 (minor and consequential amendments), paragraph 83 (Offender Management Act 2007).
4
Section 144 (power to require data controllers to pay monetary penalty) of the 2008 Act, to the extent that it is not already in force, comes into force on 6 April 2010.
Signed by the authority of the Secretary of State
Claire M Ward
Parliamentary Under Secretary of State
Ministry of Justice
9th March 2010


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


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Health Protection (Local Authority Powers) Regulations 2010 and shall come into force on 6th April 2010.
2
These Regulations apply in relation to England only.
Requirement to keep a child away from school
2
1
This regulation applies where a local authority is satisfied in relation to a child (C) that —
a
C is or may be infected or contaminated ;
b
the infection or contamination is one which presents or could present significant harm to human health;
c
there is a risk that C might infect or contaminate others;
d
it is necessary to keep C away from school in order to remove or reduce that risk; and
e
keeping C away from school is a proportionate response to the risk to others presented by C.
2
The local authority may by serving notice on C’s parent ( PT ) require that PT keep C away from school.
3
The notice must include the following information —
a
the date from which the requirement commences;
b
the duration of the requirement (up to a maximum of 28 days);
c
why the requirement is believed to be a necessary and proportionate measure;
d
the penalty for failing to comply with the notice; and
e
contact details for an officer of the local authority who is able to discuss the notice.
4
The local authority must as soon as reasonably practicable after serving notice under paragraph (2) inform the headteacher of C’s school —
a
that it has served such a notice in relation to C; and
b
of the contents of that notice.
5
PT may request that the local authority review the notice at any time before the requirement lapses.
6
The local authority —
a
must review the notice within 5 working days beginning with the day on which the request is made where PT is requesting a review in respect of that notice for the first time; or
b
may review the notice in the case of all other requests.
7
The local authority must inform PT and the headteacher of C’s school of the outcome of any review it conducts as soon as reasonably practicable after the review is concluded.
8
A local authority may vary or revoke a notice.
9
A local authority must as soon as reasonably practicable after varying or revoking a notice under paragraph (8) inform PT and the headteacher of C’s school that the notice has been varied or revoked and, if varied, the nature of the variation.
10
A local authority may serve consecutive notices under paragraph (2).
11
A local authority must inform PT and the headteacher of C’s school as soon as reasonably practicable where a notice has expired and no further notice is to be served.
12
It is an offence for PT to fail without reasonable excuse to comply with a notice served under paragraph (2) or varied under paragraph (8).
13
Any person who commits an offence under this regulation is liable on summary conviction to one or both of —
a
a fine not exceeding level 2 on the standard scale;
b
a further fine not exceeding an amount equal to 50% of level 1 on the standard scale for each day on which the default continues after conviction.
14
In this regulation —
“child” means a person under 18 years of age;
“headteacher” means the headteacher or, if the headteacher is absent, the person deputising for the headteacher;
“parent” has the meaning given to it by section 576 of the Education Act 1996 ;
“school” has the meaning given to it by section 4 of the Education Act 1996 ; and
“working day” means any day which is not Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England under the Banking and Financial Dealings Act 1971 .
Requirement to provide details of children attending school
3
1
A local authority may by serving notice on a headteacher of a school in its area require that headteacher to provide it with a list of the names, addresses and contact telephone numbers for all the pupils of that school, or such group of pupils attending that school as it may specify, where the condition in paragraph (2) is met.
2
The condition is that the local authority is satisfied that —
a
a person (P) who is or has recently been on the school’s premises is or may be infected or contaminated;
b
the infection or contamination is one which presents or could present significant harm to human health;
c
there is a risk that P may have infected or contaminated pupils at the school;
d
it is necessary for the local authority to have the list in order to contact those pupils with a view to ascertaining whether they are or may be infected or contaminated; and
e
requiring the list (and contacting those pupils which may be infected or contaminated) is a proportionate response to the risk presented by P.
3
The notice must —
a
specify a time limit for meeting the requirement;
b
specify an address where the list is to be sent;
c
provide contact details for an officer of the local authority who is able to discuss the notice.
4
It is an offence for a headteacher to fail without reasonable excuse to comply with a notice served under paragraph (1).
5
Any person who commits an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
6
In this regulation, “headteacher” and “school” have the same meaning as they are given in regulation 2.
Disinfection or decontamination of things on request of the owner
4
1
A local authority may disinfect or decontaminate, or cause to be disinfected or decontaminated, a thing where requested to do so by the owner of the thing.
2
The local authority may charge the owner for the disinfection or decontamination of the thing if the owner is made aware of the charge prior to disinfection or decontamination being carried out and agrees to pay it.
3
The local authority’s charge must not exceed the cost incurred by the local authority in carrying out the disinfection or decontamination.
Disinfection or decontamination of things on request of person with custody or control
5
1
A local authority may disinfect or decontaminate, or cause to be disinfected or decontaminated, a thing where requested to do so by a person (A) with custody or control of the thing if the local authority is reasonably satisfied that the financial value of the thing will not be reduced as a consequence of the disinfection or decontamination.
2
The local authority may charge A for the disinfection or decontamination of the thing if A is made aware of the charge prior to disinfection or decontamination being carried out and agrees to pay it.
3
The local authority’s charge must not exceed the cost incurred by the local authority in carrying out the disinfection or decontamination.
Disinfection or decontamination of premises on request of the owner
6
1
A local authority may disinfect or decontaminate, or cause to be disinfected or decontaminated, premises where requested to do so by the owner of the premises.
2
The local authority may charge the owner for the disinfection or decontamination of the premises if the owner is made aware of the charge prior to disinfection or decontamination being carried out and agrees to pay it.
3
The local authority’s charge must not exceed the cost incurred by the local authority in carrying out the disinfection or decontamination.
Disinfection or decontamination of premises on request of tenant
7
1
A local authority may disinfect or decontaminate, or cause to be disinfected or decontaminated, premises where requested to do so by the tenant of the premises if the local authority is reasonably satisfied that the financial value of the premises will not be reduced as a consequence of the disinfection or decontamination.
2
The local authority may charge the tenant for the disinfection or decontamination of the premises if the tenant is made aware of the charge prior to disinfection or decontamination being carried out and agrees to pay it.
3
The local authority’s charge must not exceed the cost incurred by the local authority in carrying out the disinfection or decontamination.
Requests for co-operation for health protection purposes
8
1
A local authority may by serving notice on any person or group of persons request that the person or group of persons do, or refrain from doing, anything for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination which presents or could present significant harm to human health.
2
The notice must provide contact details for an officer of the local authority who is able to discuss the notice.
3
The local authority may offer compensation or expenses in connection with its request.
Restriction of contact with dead bodies
9
1
This regulation applies where a local authority is satisfied that —
a
a dead body is or may be infected or contaminated;
b
the infection or contamination is one which presents or could present significant harm to human health;
c
there is a risk that the dead body might infect or contaminate people;
d
it is necessary to restrict contact with the dead body in order to remove or reduce that risk; and
e
prohibiting any person from having contact with the dead body is a proportionate response to the risk presented by that dead body.
2
The local authority may serve on the person (M) having charge or control of the premises in which the dead body is located a notice prohibiting any person from having contact with the dead body.
3
On receipt of a notice served under paragraph (2), M must arrange for a copy of the notice to be conspicuously displayed near the dead body without delay.
4
The notice must include —
a
a statement to the effect that contact with the body near which the notice has been displayed is prohibited;
b
a statement to the effect that breach of the prohibition is a criminal offence;
c
contact details for an officer of the local authority who is able to discuss the notice; and
d
the legal authority for the prohibition.
5
An offence is committed if, without reasonable excuse —
a
M fails to arrange for a copy of the notice to be displayed in accordance with paragraph (3);
b
any person removes or defaces a notice displayed under paragraph (3); or
c
any person fails to comply with a notice displayed under paragraph (3).
6
An offence is not committed under paragraph (5)(c) if —
a
the person has the local authority’s consent to have contact with the dead body; or
b
the person is exercising the functions of a coroner or is acting under the authority of a coroner.
7
Any person who commits an offence under this regulation is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Restriction of access to dead bodies
10
1
This regulation applies where a local authority is satisfied that —
a
a dead body is or may be infected or contaminated;
b
the infection or contamination is one which presents or could present significant harm to human health;
c
there is a risk that the dead body might infect or contaminate people;
d
it is necessary to restrict entry to the room in which the dead body is located in order to remove or reduce that risk; and
e
prohibiting any person from entering the room in which the dead body is located is a proportionate response to the risk presented by that dead body.
2
The local authority may serve on the person (M) having charge or control of the premises in which the dead body is located a notice prohibiting any person from entering the room in which the dead body is located.
3
On receipt of a notice served under paragraph (2), M must arrange for a copy of the notice to be conspicuously displayed at each of the entry points to the room without delay.
4
The notice must include —
a
a statement to the effect that entering the room in which the dead body is located is prohibited;
b
a statement to the effect that breach of the prohibition is a criminal offence;
c
contact details for an officer of the local authority who is able to discuss the notice; and
d
the legal authority for the prohibition.
5
An offence is committed if, without reasonable excuse —
a
M fails to arrange for a copy of the notice to be displayed at each of the entry points to the room in accordance with paragraph (3);
b
any person removes or defaces a notice displayed under paragraph (3); or
c
any person fails to comply with a notice displayed under paragraph (3).
6
An offence is not committed under paragraph (5)(c) if —
a
the person has the local authority’s consent to enter the room in which the dead body is located; or
b
the person is exercising the functions of a coroner or is acting under the authority of a coroner.
7
Any person who commits an offence under this regulation is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Relocation of dead bodies
11
1
This regulation applies where a local authority is satisfied that —
a
a dead body is or may be infected or contaminated;
b
the infection or contamination is one which presents or could present significant harm to human health;
c
there is a risk that the dead body might infect or contaminate people;
d
it is necessary to relocate the dead body in order to remove or reduce that risk;
e
relocating the body is a proportionate response to the risk to people presented by the dead body in its current location.
2
The local authority may relocate, or cause to be relocated, the dead body to a place where it considers that the risk of the dead body infecting or contaminating people is reduced or removed subject to paragraph (3).
3
The local authority may not relocate, or cause to be relocated, the dead body if —
a
a coroner has jurisdiction over the dead body; or
b
it has failed to take reasonable steps to inform the person with charge or control of the premises where the dead body is located of its intention to take action under paragraph (2).
4
Any person having charge or control of premises in which a dead body is located must co-operate with a local authority that intends to take action under paragraph (2).
5
It is an offence for any person to fail without reasonable excuse to comply with paragraph (4).
6
Any person who commits an offence under this regulation is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Signed by authority of the Secretary of State for Health.
Gillian Merron
Minister of State,
Department of Health
9th March 2010


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Sexual Offences Act 2003 (Prescribed Police Stations) Regulations 2010 and shall come into force on 26th February 2010.
2
These Regulations do not extend to Scotland.
Prescribed police stations
2
The police stations listed in Schedule 1 (in England and Wales) and Schedule 2 (in Northern Ireland) to these Regulations are hereby prescribed for the purposes of section 87(1)(a) of the Sexual Offences Act 2003.
Revocation
3
The Sexual Offences Act 2003 (Prescribed Police Stations) Regulations 2009 are hereby revoked.
Alan Campbell
Parliamentary Under–Secretary of State
Home Office
2nd February 2010


text:
Citation, commencement and effect
1
1
This Order may be cited as the Pension Schemes (Transfers, Reorganisations and Winding Up) (Transitional Provisions) (Amendment) Order 2010 and shall come into force on 24th March 2010.
2
This Order shall have effect on and after 6th April 2006.
Amendment of the principal Order
2
The Pension Schemes (Transfers, Reorganisations and Winding Up) (Transitional Provisions) Order 2006 is amended as follows.
Amendment of Article 10
3
1
Article 10 (the reorganisation condition) is amended as follows.
2
For paragraph (2) substitute —
2
Condition A is that, during the period beginning with 10th December 2003 and ending with 5th April 2006 —
a
there was a transfer in a single transaction of all the sums and assets held for the purposes of, or representing the employee’s accrued rights under, the original pension scheme to another pension scheme (“the new pension scheme”),
b
there was a transfer in a single transaction of all the sums and assets held for the purposes of, or representing the employee’s accrued, non contracted-out rights under the original pension scheme to the new pension scheme, or
c
there were transfers of sums and assets held for the purposes of, or representing the employee’s accrued rights under, the original pension scheme to the new pension scheme, and those transfers were made —
i
in two separate transactions, and
ii
in circumstances where paragraph (2A) applies.
2A
This paragraph applies in circumstances where —
a
the employee’s accrued rights under the original pension scheme included contracted-out rights;
b
all the sums and assets held for the purposes of, or representing accrued, non contracted-out rights under the original pension scheme were transferred to the new pension scheme in a single transaction; and
c
the sums and assets held for the purposes of, or representing contracted-out rights under the original pension scheme were transferred in a single transaction to —
i
the new pension scheme referred to in sub-paragraph (b) of this paragraph, or
ii
another pension scheme that satisfies the new pension scheme condition (see article 11).
3
In paragraph (4) —
a
omit the word “or” at the end of sub-paragraph (a),
b
at the end of sub-paragraph (b) insert the word “, or”, and
c
after sub-paragraph (b) insert —
c
a former employee of a former sponsoring employer of the original pension scheme in a case where the relevant sums and assets are transferred at the same time as the relevant sums and assets held for another employee or former employee who falls within sub-paragraphs (a) or (b).
.
4
In paragraph (5) —
a
after the definition of “active member” insert —
“appropriate personal pension scheme” means a scheme in respect of which an appropriate scheme certificate is in force under section 7 of the Pension Schemes Act 1993 ,
“contracted-out rights” means rights under or derived from an occupational pension scheme or an appropriate personal pension scheme which fell within the following categories —
entitlement to payment of, or accrued rights to, guaranteed minimum pensions;
protected rights; or
section 9(2B) rights.
;
b
omit “and” at the end of the definition of “deferred member” and after that definition insert —
“guaranteed minimum pensions” has the meaning given by section 8 of the Pension Schemes Act 1993,
“occupational pension scheme” has the meaning given by section 1(1) of the Pension Schemes Act 1993,
“protected rights” has the meaning given by section 10 of the Pension Schemes Act 1993,
“relevant sums and assets”, in relation to an employee or former employee, are the sums and assets held for the purposes of, or representing the accrued rights of the employee or former employee (as the case may be) under, the original pension scheme, and
“section 9(2B) rights” has the meaning given by regulation 1(2) of the Protected Rights
(Transfer Payment) Regulations 1996 .
.
Amendment of Article 14
4
1
Article 14 (the winding up condition) is amended as follows.
2
In paragraph (1) —
a
after the words “the winding up condition is met if” insert “the first or second condition is met.”, and
b
omit sub-paragraphs (a), (b) and (c).
3
After paragraph (1) insert —
1A
The first condition is met if —
a
a pension scheme (“the original pension scheme”) is being wound up,
b
the original pension scheme is within any of paragraphs (a) to (d) of paragraph 1(1) of Schedule 36 (deemed registration of existing schemes), and
c
condition A, B or C is met as set out in paragraphs (2), (3) and (4).
1B
The second condition is met if —
a
a registered pension scheme which is not within any of the paragraphs 1(1)(a) to (d) of paragraph 1(1) of Schedule 36 is being wound up, and
b
immediately before the commencement of the winding up, an individual member of that registered pension scheme has rights which are protected under paragraph 22 or 31 of Schedule 36 (or under both of those paragraphs).
.
Amendment of Article 15
5
1
For article 15 (the annuity purchase condition) substitute —
15
1
The annuity purchase condition is met if —
a
condition A is met in the case of an annuity policy that has been assigned, or
b
conditions A to C are met in the case of an annuity policy that has been purchased.
2
Condition A is that all the rights of the member have been extinguished by —
a
purchasing one annuity policy which satisfies the requirements prescribed under section 74(3)(c) of the Pensions Act 1995 (“the prescribed requirements”), or
b
assigning one annuity policy which satisfies the prescribed requirements, to the member.
3
Condition B is that the contract under which the annuity policy was purchased (“the annuity contract”) does not authorise the making of any payment which would be an unauthorised payment within the meaning of Part 4 of the Finance Act 2004.
4
Condition C is that the annuity contract does not provide for the immediate payment of benefits.
5
If the annuity purchase condition is met, paragraph 1(1) of Schedule 36 shall be modified so as to provide in addition that —
a
in the case of an annuity policy within paragraph (2)(a), the annuity policy is treated as having become a registered pension scheme (“the new pension scheme”) on the date on which the contract was made, and
b
in the case of an annuity policy within paragraph (2)(b), the annuity policy is treated as having become a registered pension scheme (“the new pension scheme”) on the date the annuity policy was assigned.
.
6
1
After Article 16 (membership of the new pension scheme) insert —
Stand-alone lump sums
17
1
Paragraph (6) applies if condition A, B or C is met.
2
Condition A is that —
a
a pension scheme is being wound up (“the original pension scheme”) and the winding up commenced before 6th April 2006,
b
the stand-alone lump sum condition (see paragraph (5)) would have been met immediately before the commencement of the winding up, if the pension scheme had commenced winding up on or after 6th April 2006, and
c
the annuity purchase condition set out in article 15 is met.
3
Condition B is that —
a
the original pension scheme is being wound up and the winding up commenced before 6th April 2006,
b
an individual became a member of the original pension scheme before 6th April 2006 but after the commencement of the winding up,
c
the stand-alone lump sum condition would have been met immediately before the commencement of the winding up, if the pension scheme had commenced winding up on or after 6th April 2006, and
d
the annuity purchase condition set out in article 15 is met.
4
Condition C is that —
a
the original pension scheme is being wound up and the winding up commenced on or after 6th April 2006,
b
the annuity purchase condition set out in article 15 is met, and
c
the stand-alone lump sum condition is met.
5
The stand-alone lump sum condition is that a member of the original pension scheme was entitled to be paid, a stand-alone lump sum which, if it had been paid would have been a stand-alone lump sum paid in circumstances where article 25B(4) (circumstance C) of the Taxation of Pension Schemes (Transitional Provisions) Order 2006 (“the Transitional Provisions Order”) applied.
6
The new pension scheme (within the meaning of article 15(5)(a) or (b) as the case may be) is treated as the same pension scheme as the original pension scheme (so that accordingly, the new pension scheme may pay a stand-alone lump sum to the member in circumstances where Article 25B(4) (circumstance C) of the Transitional Provisions Order applies).
.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
2 March 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) (Amendment) Regulations 2010 and shall come into force on 6th April 2010.
2
In these Regulations “the principal Regulations ” means the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(3) of the principal Regulations (citation, commencement and interpretation) after the definition of “stakeholder pension scheme” insert —
“transfer notice” is to be construed in accordance with section 160 (transfer notice);
“transfer payment” means a fraud compensation transfer payment made under section 187(2) (Board’s powers to make fraud compensation transfer payments);
.
Board’s powers to make fraud compensation transfer payments
3
After regulation 8 of the principal Regulations (interim payments), insert —
Amount of fraud compensation transfer payment
8A
1
For the purpose of section 187(8) (determination of amount of fraud compensation transfer payment) and subject to section 187(7) (maximum payments) the amount of any transfer payment shall be calculated in accordance with this regulation.
2
Subject to paragraph (4), the amount of the transfer payment shall be calculated in accordance with the formula P – Q where —
a
P is —
i
the value of the assets of the scheme —
aa
as stated in the PPF valuation which immediately precedes the loss; and
bb
adjusted by the relevant person to take account of any alterations in their value between the date which immediately precedes the loss and the date of the transfer notice;
ii
if there is no such PPF valuation, the value of the assets of the scheme —
aa
on such date as immediately precedes the loss;
bb
as reported by an accountant; and
cc
adjusted by an accountant so as to take account of any alterations in their value between the date which immediately precedes the loss and the date of the transfer notice; and
b
Q is the value of the assets of the scheme immediately before the date of the transfer notice, as reported by an accountant.
3
For the purposes of paragraph (2) —
a
any adjustments made to take account of alterations in the value of the assets of the scheme shall —
i
include alterations resulting from —
aa
investment gains and losses;
bb
payments made and received by the scheme, in accordance with the rules of the scheme; and
ii
not include alterations resulting from the loss;
b
a relevant person is a person with the qualifications or experience prescribed by regulations made under, or a person approved by the Secretary of State under, section 143(11)(a)(ii) (valuation of assets and protected liabilities).
4
In the case of —
a
a section of a segregated scheme or a segregated part, paragraph (2) shall apply to the assets of the section or part to which the transfer notice related;
b
except where paragraph (5) applies, an unsecured part of a partially guaranteed scheme, paragraph (2) shall apply to the assets of the unsecured part to which the transfer notice related.
5
This paragraph applies to a scheme to which regulation 2A of the Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 (schemes to which paragraph (1) of regulation 2 does not apply) applies.
Signed by authority of the Secretary of State for Work and Pensions
Angela Eagle
Minister of State,
Department for Work and Pensions
25th February 2010


text:
Title and commencement
1
These Regulations may be cited as the Nutrition and Health Claims (England) (Amendment) Regulations 2010 and come into force on 1st October 2010.
Amendment to the Nutrition and Health Claims (England) Regulations 2007
2
The Nutrition and Health Claims (England) Regulations 2007 are amended in accordance with regulation 3.
3
In regulation 2(1) (interpretation) for the definition of “the Regulation” substitute the following definition —
“the Regulation” means Regulation (EC) No. 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods, as the Annex to that Regulation may be amended from time to time ;
.
Signed by authority of the Secretary of State for Health.
Anne Milton
Parliamentary Under-Secretary of State,
Department of Health
7th July 2010


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 and come into force on 20th April 2010.
Amendment to the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008
2
1
The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 are amended as follows.
2
For regulation 22 substitute “ 22. Schedule 2A has effect.”.
3
After Schedule 2 insert Schedule 2A as set out in Schedule 1 to these Regulations.
4
Schedule 2 to these Regulations, which makes minor amendments primarily consequential upon the amendments made by paragraphs (2) and (3), has effect.
Signed by authority of the secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
21st March 2010


text:
Citation, commencement and effect
1
1
This Order may be cited as the Corporation Tax Act 2010 (Amendment) Order 2010 and comes into force on 1st January 2011.
2
The amendments made by this Order shall be deemed to have come into force on 1st April 2010 and have effect —
a
for corporation tax purposes, for accounting periods ending on or after 1st April 2010, and
b
for income tax and capital gains tax purposes, for the tax year 2010-11 and subsequent tax years.
Amendment of the Taxation of Chargeable Gains Act 1992
2
1
The Taxation of Chargeable Gains Act 1992 is amended as follows.
2
In section 170(8) (interpretation of sections 171 to 181) —
a
omit “and” at the end of paragraph (a),
b
after paragraph (a) insert —
aa
in section 158 of that Act after subsection (2) there were inserted —
2A
But for those purposes a person carrying on a business of banking is not treated as a loan creditor of a company in respect of any loan capital or debt issued or incurred by the company for money lent by the person to the company in the ordinary course of that business.
, and
.
3
In paragraph 8(2) of Schedule 7AC (exemptions for disposals by companies with substantial shareholding) for the words from “but” to the end substitute —
but as if —
a
in section 158 of that Act after subsection (2) there were inserted —
2A
But for those purposes a person carrying on a business of banking is not treated as a loan creditor of a company in respect of any loan capital or debt issued or incurred by the company for money lent by the person to the company in the ordinary course of that business.
, and
b
sections 171(1)(b) and (3), 173, 174 and 176 to 181 of that Act were omitted.
.
Amendment of the Corporation Tax Act 2009
3
For section 772(2) of the Corporation Tax Act 2009 (equity holders and profits or assets available for distribution) substitute —
2
In that Chapter as it applies for those purposes —
a
section 158 of CTA 2010 has effect as if after subsection (2) there were inserted —
2A
But for those purposes a person carrying on a business of banking is not treated as a loan creditor of a company in respect of any loan capital or debt issued or incurred by the company for money lent by the person to the company in the ordinary course of that business.
, and
b
sections 171(1)(b) and (3), 173, 174 and 176 to 182 of that Act are to be treated as omitted.
.
Amendment of the Corporation Tax Act 2010
4
In Schedule 2 to the Corporation Tax Act 2010 (transitionals and savings etc ), for paragraph 64(6) substitute —
6
The relevant amount is an amount equal to so much of the rentals that —
a
become due on or after 13 November 2008, and
b
are due wholly or partly in respect of the period of account,
as would not reasonably be regarded as reflected in the rental earnings for that period of account.
.
Brooks Newmark
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
6th December 2010


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Contributions (Decisions and Appeals) (Amendment) Regulations 2010 and shall come into force on 14th November 2010.
Amendment of the Social Security Contributions (Decisions and Appeals) Regulations 1999
2
In regulations 3(3), 4(1)(a), 11(7) and 12(2)(b) of the Social Security Contributions (Decisions and Appeals) Regulations 1999 , for “statutory paternity pay” substitute “ordinary statutory paternity pay, additional statutory paternity pay”.
Mike Eland
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
11th October 2010
The Lord Chancellor and the Scottish Ministers concur in the making of these Regulations as indicated in the preamble
Signed by the authority of the Lord Chancellor
Jonathan Djanogly
Parliamentary Under-Secretary of State
Ministry of Justice
11th October 2010
Fergus Ewing
A Member of the Scottish Executive
7th October 2010