text:
Citation
1
This Order may be cited as the Bribery Act 2010 (Commencement) Order 2011.
Commencement
2
The Bribery Act 2010 comes into force on 1st July 2011 to the extent that it is not already in force.
Kenneth Clarke
Secretary of State for Justice
Ministry of Justice
7th June 2011


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Exemption) (Amendment) Regulations 2011 and shall come into force on 31st December 2011.
Amendment of the Wireless Telegraphy (Exemption) Regulations 2003
2
The Wireless Telegraphy (Exemption) Regulations 2003 are amended as follows —
a
In paragraph 3 of Part III of Schedule 3, —
i
after sub-paragraph (c), add —
d
Long term evolution radiotelephones ( LTE )
880-915 MHz
925-960 MHz
1710-1785 MHz
1805-1880 MHz
e
Worldwide interoperability for microwave access radiotelephones (WiMax)
880-915 MHz
925-960 MHz
1710-1785 MHz
1805-1880 MHz
f
The service provided by Airwave Solutions Limited for the London 2012 Olympic and Paralympic Games
385-399.9MHz
g
Wireless access systems licensed for use in the following frequency band
3400-3800 MHz
.
b
In Schedule 3, Part IV, at the end of the list add —
IR 2015 – UK Interface Requirement 2015.1 to 2015.3 Spectrum Access in the 3400 to 4009 MHz band, published by the Office of Communications in December 2011;
IR 2087 – UK Interface Requirement 2087 LTE and WiMax equipment in 900 and 1800 MHz Bands, published by the Office of Communications in December 2011;
IR 2085 – UK Interface Requirement 2085 London 2012 Games Tetra Network (Apollo), published by the Office of Communications in December 2011
.
Hyacinth S. Nwana
Group Director, Spectrum Policy Group of the Office of Communications
Office of Communications
8th December 2011


text:
Citation and commencement
1
This Order may be cited as the Airport Byelaws (Designation) Order 2011 and comes into force on 13th April 2011.
Designation
2
Shoreham Airport is designated for the purposes of section 63 of the Airports Act 1986.
Signed by authority of the Secretary of State for Transport
Theresa Villiers
Minister of State
Department for Transport
16th March 2011


text:
Citation and commencement
1
These Regulations may be cited as the Offshore Chemicals (Amendment) Regulations 2011 and come into force on the day after the day on which they are made.
Interpretation
2
In these Regulations, “the 2002 Regulations ” means the Offshore Chemicals Regulations 2002 .
Amendment of the 2002 Regulations
3
The 2002 Regulations are amended as follows.
4
In regulation 2 (interpretation) —
a
for the definition of “discharge” substitute —
“discharge”, in relation to an offshore chemical, means any intentional emission of the chemical, or any of its degradation or transformation products, from an offshore installation into the relevant area;
;
b
after the definition of “discharge” insert —
“enforcement notice” means a notice served under regulation 16A(1) or (1A);
;
c
after the definition of “the Gazettes” insert —
“installation” includes any floating structure or device maintained on a station by whatever means;
;
d
in the definition of “offshore chemical”, omit “intentionally” and after “used” insert “, or intended to be used,”;
e
for the definition of “offshore installation” substitute —
“offshore installation” means an installation or pipeline which is used for the purposes of, or in connection with, offshore petroleum activities or offshore storage and unloading activities;
;
f
after the definition of “permit application”, insert —
“permit holder” means the holder from time to time of a permit;
g
omit the definition of “pipeline”;
h
after the definition of “prescribed date”, insert —
“prohibition notice” means a notice served under regulation 16B(1);
“release”, in relation to an offshore chemical, means the emission (other than by way of discharge) of the chemical, or any of its degradation or transformation products, from an offshore installation into the relevant area;
;
i
in the definition of “relevant area” —
i
in sub-paragraph (a) omit “and Wales”;
ii
in sub-paragraph (b) after “Scottish controlled waters” insert “and Welsh controlled waters”;
j
for the definition of “use” substitute —
“use”, in relation to an offshore chemical, means any intentional application of the chemical in the carrying out of offshore activities under normal operating conditions;
“Welsh controlled waters” means those parts of the territorial sea adjacent to Wales which are controlled waters within the meaning of section 104 of the Water Resources Act 1991 .
;
k
for paragraph (2) substitute —
2
In these Regulations, in relation to an offshore storage or unloading activity —
a
any reference to the use, discharge or release of an offshore chemical is to be read as a reference to its use in, or discharge or release into, the reserved area;
b
any reference to pollution is to be read as a reference to pollution introduced into the reserved area.
5
In regulation 3 (requirement for permit to use or discharge offshore chemicals) —
a
in paragraph (1) omit “in the relevant area”; and
b
omit paragraph (3).
6
After regulation 3, insert —
Prohibition on the release of offshore chemicals
3A
No person shall —
a
release an offshore chemical; or
b
allow such a release to continue.
.
7
In paragraph (2) of regulation 5 (conditions of permits) —
a
in sub-paragraph (b) for “operator” substitute “permit holder”; and
b
in sub-paragraph (d) for “accidents” substitute “incidents”.
8
In regulation 8 (fees) —
a
in paragraph (1) after “charge” insert “permit applicants, permit holders and”; and
b
in paragraph (2), for sub-paragraphs (a) to (c) substitute —
a
an application for the grant or renewal of a permit;
b
an application for the variation of a permit or the conditions to which it is subject, or a review of a permit and its conditions;
c
a request for the Secretary of State’s consent to the transfer of a permit;
ca
the revocation or surrender of a permit;
.
9
In regulation 10 (application for renewal of an existing permit) —
a
in paragraph (1), for “an operator” substitute “a permit holder”; and
b
in paragraph (3) omit the words from “, provided that she has consulted” to the end.
10
1
In the heading to regulation 11 (variation of permit on application of operator), omit “on application of operator”.
2
In regulation 11 —
a
in paragraph (1) —
i
for “An operator”, substitute “A permit holder”;
ii
omit “relating to the use or discharge of an offshore chemical in the relevant area”;
b
in paragraph (2) omit —
i
“by the operator”; and
ii
the words from “provided that she has taken” to the end; and
c
in paragraph (4) for “the change”, substitute “a variation of the terms and conditions as specified in the application”.
11
In regulation 12 (reconsideration of permits and permit conditions) —
a
in paragraph (1) omit “granted in accordance with these Regulations”;
b
in paragraph (3), for “operator concerned” substitute “permit holder”;
c
in paragraph (4), for “operator” substitute “permit holder”; and
d
omit paragraph (7).
12
After regulation 12, insert —
Transfer of permit
12A
A permit holder shall not, except with the prior consent in writing of the Secretary of State and in accordance with the conditions (if any) of the consent, transfer the permit or any rights granted by the permit, to another person.
.
13
In regulation 13 (revocation and surrender of permits) —
a
in paragraph (1) —
i
omit “granted pursuant to these Regulations”; and
ii
for “operator in question” substitute “permit holder”; and
b
in paragraph (2) for “An operator to whom a permit has been granted” substitute “A permit holder”.
14
In paragraph (1) of regulation 14 (register to be kept by the Secretary of State) omit “granted under these Regulations”.
15
For paragraph (1) of regulation 15 (provision of information to the Secretary of State) substitute —
1
A person who uses, discharges or releases an offshore chemical shall provide the Secretary of State with such information as the Secretary of State may reasonably require for the purposes of performing the Secretary of State’s functions under these Regulations.
1A
The permit holder or, if there is no permit holder, the operator shall without delay provide the Secretary of State with information, in such form and in such manner as the Secretary of State may direct, of —
a
an incident resulting in the use of, or the discharge of, an offshore chemical save in accordance with the terms and conditions attached to a permit;
b
an incident resulting in a release; or
c
any other incident involving an offshore chemical where there has been, or may be, any significant effect on the environment by means of pollution.
.
16
In regulation 16 (appointment of inspectors) —
a
in paragraphs (1)(b) and (3)(a), for “use or discharge” substitute “use, discharge or release”; and
b
in paragraph 3(j) omit “granted under these Regulations”.
17
In regulation 16A (enforcement notices) —
a
in paragraph (1) —
i
for “operator” substitute “permit holder”; and
ii
omit “in writing (“an enforcement notice”)”.
b
after paragraph (1), insert —
1A
If the Secretary of State is of the opinion that a release, use without a permit or discharge without a permit has occurred, is occurring, or is likely to occur, the Secretary of State or an inspector appointed under regulation 16 may serve on the permit holder or, if there is no permit holder, the operator, a notice which —
a
states that the Secretary of State is of that opinion;
b
specifies the matters which constituted, constitute, or are likely to constitute the release, use or discharge;
c
specifies the remedial steps that must be taken; and
d
specifies the period within which those steps must be taken.
1B
The Secretary of State may serve a notice on the permit holder to vary the period within which remedial steps must be taken under an enforcement notice.
;
c
for paragraph (2) substitute —
2
The steps that may be specified under paragraphs (1)(c) and (1A)(c) include steps that must be taken to remedy any pollution caused by a contravention, release, use or discharge.
;
d
in paragraph (5), omit “served under paragraph (1)”; and
e
in paragraph (6), after “paragraph (1)” insert “, (1A)”.
18
In regulation 16B (prohibition notices) —
a
in paragraph (1), for “any use or discharge” to the end, substitute “any use, discharge or release of an offshore chemical, the Secretary of State or an inspector appointed under regulation 16 may serve a notice on the permit holder or, if there is no permit holder, the operator.”;
b
in paragraph (2) after “conditions” insert “of”; and
c
in paragraph (3) —
i
in sub-paragraph (c) omit “and the period within which they must be taken”; and
ii
after sub-paragraph (c) —
aa
omit “and”; and
bb
insert —
ca
may specify the period within which such steps must be taken; and
.
19
In regulation 17 (appeal to High Court, Court of Session or High Court in Northern Ireland) —
a
in paragraph (1), for “any permit applicant or any operator” substitute “any permit applicant, permit holder or operator”.
b
in paragraph (2) —
i
in each of sub-paragraphs (a), (b) and (c), for “use or discharge” substitute “use, discharge or release”; and
ii
in sub-paragraph (b) omit “(excluding Scottish controlled waters)”; and
c
in paragraph (4) —
i
where “used or discharged” appears for the first and third time, substitute “used, discharged or released”; and
ii
for “paragraphs (2) and (3)” substitute “paragraph (2)”.
20
In regulation 18 (offences) —
a
in paragraph (1) —
i
for sub-paragraph (b) substitute —
b
contravenes regulation 3A;
;
ii
in sub-paragraph (c) omit “3(3) or”;
iii
in sub-paragraph (d) omit “granted under these Regulations”; and
iv
in sub-paragraph (e)(i) after “permit application” insert “, permit transfer”;
b
after paragraph (2) insert —
2A
A person does not have the defence provided by paragraph (2)(b) if the court is satisfied —
a
that the thing done was not a reasonable step to take in the circumstances; or
b
that it was a reasonable step to take for the purpose mentioned in that paragraph but the necessity of taking that step was due to the fault of the defendant.
; and
c
after paragraph (8) insert —
9
Proceedings in England and Wales for an offence under this regulation may be brought only by, or with the consent of, the Secretary of State or the Director of Public Prosecutions.
10
Proceedings in Northern Ireland for an offence under this regulation may be brought only by, or with the consent of, the Secretary of State or the Director of Public Prosecutions for Northern Ireland.
Transitional provision
21
The amendments made by regulation 20 do not have effect in relation to a contravention which occurred, or proceedings which commenced, before the coming into force of these Regulations.
Marland of Odstock
Parliamentary Under Secretary of State
Department of Energy and Climate Change
29th March 2011


text:
Citation and commencement
1
This Order may be cited as the Chief Regulator of Qualifications and Examinations Order 2011 and comes into force on 14th July 2011.
Appointment of chair of the Office of Qualifications and Examinations Regulation
2
Amanda Spielman is appointed to chair the Office of Qualifications and Examinations Regulation.
Judith Simpson
Clerk of the Privy Council


text:
The Secretary of State makes the following Order in exercise of the powers conferred by:
a
section 3(4) and (5) of the European Union (Amendment) Act 2008 (to the extent that the Order applies to provisions contained in (i) an Act of Parliament passed before 19 June 2008, or (ii) an instrument made before 19 June 2008 under an Act of Parliament), and
b
section 2(2) of the European Communities Act 1972 (to the extent that the Order applies to provisions contained in (i) an Act of Parliament passed on or after 19 June 2008, (ii) an instrument made on or after 19 June 2008 under an Act of Parliament, (iii) an Act of the Scottish Parliament , or (iv) an instrument made under an Act of the Scottish Parliament):
PART 1 Citation and Commencement
Citation
1
This Order may be cited as the Treaty of Lisbon (Changes in Terminology) Order 2011.
Commencement
2
This Order comes into force on 22nd April 2011.
PART 2 Amendments to Acts of Parliament, Acts of the Scottish Parliament and certain statutory instruments
Application
3
1
The amendments made by this Part apply to provisions contained in —
a
an Act of Parliament,
b
an Act of the Scottish Parliament, or
c
an instrument made under an Act of Parliament or an Act of the Scottish Parliament (or both).
2
The amendments made by this Part do not apply to —
a
an instrument falling within article 8(1),
b
an Order in Council mentioned in section 24(5)(c), (e) or (g) of the Interpretation Act 1978 (Northern Ireland legislation),
c
the European Communities Act 1972,
d
the Interpretation Act 1978 ,
e
the European Union (Amendment) Act 2008,
f
the title of an Act or statutory instrument,
g
a reference to the title of an Act or statutory instrument,
h
a reference to the title of an item of European Community legislation, or
i
a reference to a term defined in an item of European Community legislation.
3
The amendments made by this Part do not apply to a reference that relates only to things done before 1 December 2009 (the date on which the Treaty of Lisbon entered into force) and do not affect any other reference in its application to things done before that date.
European Community – European Union
4
1
For references to the European Communities or to the European Community or the European Coal and Steel Community (including references to “the Communities”, “the Community”, “the EC ” or “the EEC ”) substitute references to the European Union.
2
Paragraph (1) does not apply to —
a
the use of “Community”, “EC” or “EEC” as an adjective (but see article 6 );
b
a reference that forms part of a reference to a treaty (but see article 5 ).
Article 310 of the Treaty of Amsterdam
5
For references to “Article 310 of the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts” substitute “Article 217 of the Treaty on the Functioning of the European Union”.
“Community”
6
1
In the following terms (which were defined by the European Communities Act 1972 as it had effect before the passing of the European Union (Amendment) Act 2008) for the word “Community” substitute “ EU ” —
a
Community treaties,
b
Community customs duty,
c
Community institution,
d
Community instrument,
e
Community obligation, and
f
enforceable Community right.
2
In the following terms, and in those terms preceded by the word “European”, for “Community”, or as the case may be “European Community”, substitute “EU” —
a
Community law,
b
Community legislation, and
c
Community provision.
3
Where the term mentioned in paragraph (1) or (2) is preceded by the word “a”, for “a” substitute “an”.
4
Paragraphs (1) to (3) do not apply where the term mentioned in paragraph (1) or (2) forms part of a reference to a treaty.
5
Paragraph (2) does not apply to the term “specified Community provision” where used in an enactment containing a definition of that term.
Miscellaneous
7
Schedule 1, which contains miscellaneous amendments, has effect.
PART 3 Amendments to certain legislation relating to Wales
Application
8
1
The amendments made by this Part apply to provisions contained in an instrument made under an Act of Parliament by the Assembly constituted by the Government of Wales Act 1998 or by the Welsh Ministers (whether alone or with any other person), other than an instrument that is made in the English language only.
2
The amendments made by this Part do not apply to —
a
the title of a statutory instrument,
b
a reference to the title of an Act or statutory instrument,
c
a reference to the title of an item of European Community legislation, or
d
a reference to a term defined in an item of European Community legislation.
3
The amendments made by this Part do not apply to a reference that relates only to things done before 1 December 2009 (the date on which the Treaty of Lisbon entered into force) and do not affect any other reference in its application to things done before that date.
European Community – European Union
9
1
For references to the European Communities or to the European Community (including references to “the Communities”, “the Community”, “the EC” or “the EEC”) substitute references to the European Union.
2
For references to Cymunedau Ewropeaidd (European Communities) or to Cymuned Ewropeaidd (European Community) (including references expressed by the word “Cymuned” (Community) or “Cymunedau” (Communities), and any abbreviated, grammatically mutated or other forms of any of those references) substitute references to Undeb Ewropeaidd (European Union) and make any consequential grammatical amendments that are necessary.
3
Paragraph (1) does not apply to —
a
the use of “Community”, “EC” or “EEC” as an adjective (but see article 10 );
b
a reference that forms part of a reference to a treaty.
4
Paragraph (2) does not apply to —
a
the use of “Cymuned” or “Cymunedol” (Community), or any abbreviated form of Cymunedau Ewropeaidd (European Communities) or Cymuned Economaidd Ewropeaidd (European Economic Community) (or any grammatically mutated forms of any of those terms), as an adjective (but see article 10 );
b
a reference that forms part of a reference to a treaty.
Terms defined by the European Communities Act 1972
10
1
In the following terms (which were defined by the European Communities Act 1972 as it had effect before the passing of the European Union (Amendment) Act 2008) for the word “Community” substitute “EU” —
a
Community treaties,
b
Community customs duty,
c
Community institution,
d
Community instrument,
e
Community obligation, and
f
enforceable Community right.
2
In the following terms (which correspond to the relevant English language terms which were defined by the European Communities Act 1972 as it had effect before the passing of the European Union (Amendment) Act 2008) (including any grammatically mutated or other forms of the following terms) for the words “Cymuned” and “Cymunedol” (Community) (including any grammatically mutated or other form of those words) substitute “UE” (EU) and make any consequential grammatical amendments that are necessary —
a
cytuniadau’r Gymuned or cytuniadau Cymunedol (Community treaties),
b
tollau’r Gymuned or tollau Cymunedol (Community customs duty),
c
sefydliad Cymuned or sefydliad Cymunedol (Community institution),
d
offeryn Cymuned, offeryn y Gymuned or offeryn Cymunedol (Community instrument),
e
rhwymedigaeth Gymuned or rhwymedigaeth Gymunedol (Community obligation), and
f
hawl Gymuned orfodadwy or hawl Gymunedol orfodadwy (enforceable Community right).
3
In the following terms, and in those terms preceded by the word “European”, for “the Community”, or as the case may be “European Community”, substitute “EU”-
a
Community law;
b
Community legislation;
c
Community provision.
4
For “cyfraith y Gymuned” or “cyfraith Gymunedol” (Community law), and for those terms followed by the word “Ewropeaidd” (including any grammatically mutated or other forms of those terms) substitute “cyfraith yr UE” (EU law) and make any consequential grammatical amendments that are necessary.
5
For “deddfwriaeth y Gymuned” or “deddfwriaeth Gymunedol” (Community legislation) and for those terms followed by the word “Ewropeaidd” (including any grammatically mutated or other forms of those terms) substitute “deddfwriaeth yr UE” (EU legislation) and make any consequential grammatical amendments that are necessary.
6
For “darpariaeth Gymuned”, “darpariaeth y Gymuned” or “darpariaeth Gymunedol” (Community provision) and for those terms followed by the word “Ewropeaidd” (including any grammatically mutated or other forms of those terms) substitute “darpariaeth UE” (EU provision) and make any consequential grammatical amendments that are necessary.
7
Where the term mentioned in paragraph (1) or (3) is preceded by the word “a”, for “a” substitute “an”.
8
Paragraphs (1) to (7) do not apply where the term mentioned in paragraph (1), (2), (3), (4), (5) or (6) forms part of a reference to a treaty.
9
Paragraph (3) does not apply to the term “specified Community provision” where used in an enactment containing a definition of that term.
10
Paragraph (6) does not apply to the term “darpariaeth Gymunedol benodedig” (or any grammatically mutated or other form of that term) where used in an enactment containing a definition of that term.
Miscellaneous
11
Schedule 2, which contains miscellaneous amendments, has effect.
David Lidington
Minister of State for Europe
Foreign and Commonwealth Office
28th March 2011


text:
PART 1 INTRODUCTION
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Charges to Overseas Visitors) Regulations 2011 and come into force on 1st August 2011.
2
These Regulations apply in relation to England .
Interpretation
2
1
In these Regulations —
“ the Act ” means the National Health Service Act 2006;
“authorised child” means a child who —
has been granted leave to enter the United Kingdom with a parent or legal guardian of that child for the purpose of the parent or legal guardian receiving a course of treatment in respect of which no charge may be made or recovered under regulation 13; or
is a child of an authorised companion;
“authorised companion” means a person who has been granted leave to enter the United Kingdom to accompany a person who is obtaining a course of treatment in respect of which no charge may be made or recovered under regulation 13;
“child” means a person who is —
under the age of sixteen; or
a qualifying young person within the meaning of section 142 of the Social Security Contributions and Benefits Act 1992 (“child” and “qualifying young person”) or section 138 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ;
“Continental Shelf” except in reference to a designated area of the Continental Shelf means the seabed and subsoil of the submarine area (other than in the Baltic or Mediterranean Seas, including the Adriatic and Aegean, or the Black Sea), adjacent to the coasts, lying north of the latitude of 25 degrees north and between the longitude of 30 degrees west and 35 degrees east, of the territory (including islands) of —
any country situated on the Continent of Europe; or
the Republic of Ireland,
where the submarine area is outside the seaward limits of the territorial limits of those countries and the Republic of Ireland and is an area with respect to which the exercise by any of them of sovereign rights in accordance with international law is recognised by the Government of the United Kingdom;
“designated area of the Continental Shelf” means any area which is for the time being designated by an Order in Council under section 1(7) of the Continental Shelf Act 1964 as an area within which the rights of the United Kingdom with respect to the sea-bed and subsoil and their natural resources may be exercised;
“ NHS trust” means an NHS trust all or most of whose hospitals, establishments and facilities are situated in England;
“overseas visitor” means a person not ordinarily resident in the United Kingdom;
“reciprocal agreement” means arrangements mutually agreed between the Government of the United Kingdom and the Government of a country or territory outside the United Kingdom for the provision of health care;
“relevant NHS body” means an NHS foundation trust, an NHS trust, a Primary Care Trust, a Strategic Health Authority or a Special Health Authority;
“relevant period” means the period from 9th July 2012 to 12th September 2012;
“relevant services” means (except in regulation 8(2)(c)) accommodation, services or facilities provided under section 3(1) of the Act (Secretary of State’s duty as to provision of certain services), other than primary dental services, primary medical services or primary ophthalmic services;
“ship or vessel” includes a hovercraft;
“treatment the need for which arose during the visit” means —
diagnosis of symptoms or signs occurring for the first time after the visitor’s arrival in the United Kingdom; or
treatment which, in the opinion of a medical or dental practitioner employed by or providing services to, the relevant NHS body, is required promptly for a condition which —
arose after the visitor’s arrival in the United Kingdom;
became acutely exacerbated after the visitor’s arrival; or
but for the treatment would be likely to become acutely exacerbated after the visitor’s arrival.
2
In calculating a period of residence in the United Kingdom for the purposes of these Regulations, any interruption by reason of temporary absence of not more than 182 days must be disregarded. The temporary absence cannot include an absence where the overseas visitor was not lawfully entitled to enter or remain in the United Kingdom.
PART 2 PROVISION FOR MAKING AND RECOVERY OF CHARGES
Obligation to make and recover charges
3
1
A relevant NHS body must make and recover charges from the person liable under regulation 4 where it provides an overseas visitor with relevant services and the condition specified in paragraph (2) applies.
2
The condition specified in this paragraph is that the relevant NHS body having made such enquiries as it is satisfied are reasonable in all the circumstances, including in relation to the state of health of that overseas visitor, determines that the case is not one in which these Regulations provide for no charge to be made.
3
A relevant NHS body that makes and recovers a charge in accordance with paragraph (1), must give or send to the person making the payment a receipt for the amount paid.
4
Where —
a
a relevant NHS body has determined that an overseas visitor is exempt from being charged for relevant services under these Regulations;
b
that overseas visitor has received relevant services from a relevant NHS body as part of a course of treatment; and
c
prior to the course of treatment being completed, a relevant NHS body determines that that overseas visitor is no longer exempt from being charged for relevant services under these Regulations
a relevant NHS body may not make and recover charges under paragraph (1) in respect of relevant services provided as part of that course of treatment during a period where the overseas visitor has remained in the United Kingdom without absence.
5
Paragraph (4) does not apply where a relevant NHS body determines that a person is exempt from being charged for relevant services as a result of receiving fraudulent or misleading information.
Liability for payment of charges
4
1
The person liable to pay charges under these Regulations is, unless paragraph (2), (3) or (4) applies, the overseas visitor in respect of whom the relevant services are provided.
2
Where an overseas visitor is employed to work on and for the purposes of a ship or vessel and is present in the United Kingdom in the course of such employment, the person liable to pay charges under these Regulations is the owner of the ship or vessel on which the overseas visitor is employed.
3
Where an overseas visitor is employed to work on and for the purposes of an aircraft and is present in the United Kingdom in the course of such employment, the person liable to pay charges under these Regulations is the employer of that overseas visitor.
4
Where an overseas visitor is a child to whom no exemption under these Regulations applies, the person liable to pay charges under these Regulations is the parent or legal guardian of that child.
Repayments
5
1
Where a sum has been paid in respect of a charge for relevant services by or on behalf of a person who —
a
at the time that those services were provided was not an overseas visitor in respect of whom the charge was payable; or
b
did not receive the services for which the charge was payable,
a claim for repayment of the sum may be made in accordance with this regulation.
2
A person making a claim for repayment of a sum must provide to the relevant NHS body —
a
the receipt for payment of the sum;
b
a declaration in support of the claim signed by or on behalf of the claimant; and
c
such other evidence in support of the declaration as the relevant NHS body may require.
3
The relevant NHS body must repay to the claimant the amount of the sum if it is satisfied that the sum was not payable by virtue of these Regulations.
4
For the purposes of this regulation, the relevant NHS body is the one to which the sum was paid.
PART 3 EXEMPTIONS
Services exempted from charges
6
No charge may be made or recovered in respect of any relevant services provided to an overseas visitor which fall within the following paragraphs —
a
accident and emergency services, whether provided at a hospital accident and emergency department, a minor injuries unit, a walk-in centre or elsewhere, but not including any services provided —
i
after the overseas visitor has been accepted as an in-patient; or
ii
at an outpatient appointment;
b
services otherwise than at, or by staff employed to work at, or under the direction of, a hospital ;
c
family planning services;
d
treatment in respect of a disease listed in Schedule 1;
e
treatment for sexually transmitted infections, but in the case of services which relate to infection with Human Immunodeficiency Virus, only to the extent that they consist of a diagnostic test for evidence of infection with the Virus and counselling associated with that test or its result;
f
services provided to an overseas visitor who is liable to be detained in a hospital or, received into guardianship under the Mental Health Act 1983 “(the 1983 Act)” or any other enactment authorising detention in a hospital by reason of mental disorder, or subject to a community treatment order under the 1983 Act ;
g
treatment which is provided in circumstances where —
i
a requirement to submit to the form of treatment concerned is imposed by, or included in, an order of a court; and
ii
paragraph (f) does not apply.
Overseas visitors exempt from charges - lawful residence for 12 months
7
1
No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who has resided lawfully in the United Kingdom for a period of not less than 12 months immediately preceding the time when such services are provided.
2
Paragraph (1) does not apply to a person who has leave to enter the United Kingdom for the purpose of undergoing private medical treatment, or a person in relation to whom a determination under regulation 13 has been made.
3
Where a person meets the residence qualification in paragraph (1) on a date during a course of treatment for which charges could have been made prior to that date, no charge may be made in respect of services subsequently received.
Overseas visitors exempt from charges - presence for work, study etc. , or to settle
8
1
No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who is shown to the satisfaction of the relevant NHS body for any purpose specified in paragraph (2) to be present —
a
in the United Kingdom;
b
in a designated area of the Continental Shelf;
c
in or over any area of the Continental Shelf; or
d
on a stationary structure within the territorial waters of the United Kingdom.
2
The purposes specified for this paragraph are —
a
engaging in employment with an employer which has its principal place of business in the United Kingdom or which is registered in the United Kingdom as a branch of an overseas company;
b
being a self-employed person whose principal place of business is in the United Kingdom;
c
working as a volunteer with a voluntary organisation that is providing a service similar to a relevant service as defined in sections 64 and 65 (financial and other assistance to certain voluntary organisations) of the Health Services and Public Health Act 1968 , or a service to which Article 71 (arrangements with and assistance to voluntary organisations) of the Health and Personal Social Services (Northern Ireland) Order 1972 applies;
d
pursuing a full time course of study which is —
i
substantially funded by the Secretary of State, the Welsh Ministers, Northern Ireland departments or the Scottish Ministers; or
ii
of at least six months duration; and
e
taking up permanent residence in the United Kingdom.
Overseas visitors exempt from charges – EU Rights
9
No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who has entitlement to the provision of the services in question under or by virtue of any of the following —
a
regulations made under article 48 of the Treaty on the Functioning of the European Union;
b
an agreement entered into between the European Union and any other country;
c
any other enforceable EU right .
Overseas visitors exempt from charges - reciprocal agreements
10
No charge may be made or recovered in respect of any relevant services provided to an overseas visitor where those services are provided in circumstances covered by a reciprocal agreement with a country or territory specified in Schedule 2.
Overseas visitors exempt from charges – refugees, asylum seekers and children in care
11
No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who —
a
has been granted temporary protection, asylum or humanitarian protection under the immigration rules made under section 3(2) (general provisions for regulation and control) of the Immigration Act 1971 ;
b
has made an application, which has not yet been determined, to be granted temporary protection, asylum or humanitarian protection under those rules;
c
is currently supported under section 4 or 95 of the Immigration and Asylum Act 1999 ; or
d
is a child, taken into local authority care under the Children Act 1989 .
Overseas visitors exempt from charges – human trafficking
12
1
No charge may be made or recovered in respect of any relevant services provided to an overseas visitor, where the competent authorities —
a
consider that there are reasonable grounds to believe that person is a victim within the meaning of Article 4 of the Convention, and the recovery and reflection period in relation to that person under Article 13 of the Convention has not yet expired; or
b
have identified that person as a victim within the meaning of Article 4 of the Convention.
2
In this regulation, “the competent authorities” means the competent authorities of the United Kingdom for the purposes of the Convention, and “the Convention” means the Council of Europe Convention on Action Against Trafficking in Human Beings .
Overseas visitors exempt from charges - exceptional humanitarian reasons
13
1
Where an overseas visitor who has been granted leave to enter the United Kingdom for a course of treatment applies (or someone on his behalf applies) for exemption from charges for relevant services, and the Secretary of State determines that exceptional humanitarian reasons justify it, then no charge may be made or recovered in respect of that overseas visitor and that course of treatment.
2
Such a determination may only be made by the Secretary of State if the Secretary of State is satisfied in the case of that overseas visitor that —
a
the treatment specified is not available in that person’s home country;
b
the necessary arrangements have been made for temporary accommodation for that person, any authorised companion and any authorised child for the duration of the course of treatment; and
c
the necessary arrangements have been made for the return of that person, any authorised companion and any authorised child to their home country when the course of treatment is completed.
Overseas visitors exempt from charges - diplomats
14
No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who is a diplomatic agent for the purposes of the Articles of the Vienna Convention on Diplomatic Relations set out in Schedule 1 to the Diplomatic Privileges Act 1964 .
Overseas visitors exempt from charges - NATO forces
15
1
No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who is a person to whom Article IX (5) of the North Atlantic Treaty Organisation Status of Forces Agreement applies.
2
This regulation applies where the services in question cannot readily be provided by the medical services of the armed forces of the overseas visitor’s own country, or those of the United Kingdom.
Overseas visitors exempt from charges - long term visits by United Kingdom pensioners
16
No charge may be made or recovered in respect of any relevant services provided to an overseas visitor whilst in the United Kingdom, who is —
a
in receipt of a retirement pension under the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
b
resident in the United Kingdom for more than 182 days, and in another EEA state or Switzerland for less than 183 days each year; and
c
not registered as a resident of another EEA state or Switzerland.
Overseas visitors exempt from charges - war pensioners and armed forces compensation scheme payment recipients
17
No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who is in receipt of —
a
any pension or other benefit under a Personal Injuries Scheme or Service Pensions Instrument as defined in regulation 2(1) (interpretation) of the Social Security (Overlapping Benefits) Regulations 1979 ; or
b
a payment made under article 15(1)(c) (description of benefits - injury) or article 29(1) (description of benefits - death) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 .
Overseas visitors exempt from charges – Her Majesty’s United Kingdom Forces, Crown servants and others
18
No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who is any of the following —
a
a member of Her Majesty’s United Kingdom forces;
b
a Crown servant (other than a person falling within sub-paragraph (a)), recruited in the United Kingdom and employed by, or in the service of, the Government of the United Kingdom;
c
an employee, recruited in the United Kingdom, of the British Council or the Commonwealth War Graves Commission;
d
working in employment that is financed in part by the Government of the United Kingdom in accordance with arrangements with the Government of some other country or territory or a public body in such other country or territory.
Overseas visitors exempt from charges – former residents working overseas
19
No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who —
a
has at any time had not less than ten years continuous lawful residence in the United Kingdom; and
b
is employed or self-employed outside the United Kingdom, provided that the period of employment or self-employment has lasted for no more than five years.
Overseas visitors exempt from charges - missionaries
20
No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who is working as a missionary for an organisation that is established in the United Kingdom, regardless of whether the missionary —
a
derives a salary or wage from the organisation; or
b
receives any type of funding or assistance from the organisation for the purposes of working overseas for the organisation.
Overseas visitors exempt from charges - prisoners and detainees
21
No charge may be made or recovered in respect of any relevant services provided to an overseas visitor —
a
whose detention in prison or in an institution provided by the Secretary of State under section 43(1) (remand centres and young offender institutions) of the Prison Act 1952 is for the time being authorised by law; or
b
who is detained under any of the following provisions —
i
Schedule 2 (administrative provisions as to control on entry etc ) or 3 (supplementary provisions as to deportation) to the Immigration Act 1971 ;
ii
section 62 (detention by Secretary of State) of the Nationality, Immigration and Asylum Act 2002 ;
iii
section 40(7)(c) (searches: contracting out) of the Immigration, Asylum and Nationality Act 2006 ;
iv
section 2 (detention) or 36 (detention) of the UK Borders Act 2007 .
Overseas visitors exempt from charges - employees on ships
22
No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who is employed on a ship or vessel registered in the United Kingdom.
Overseas visitors exempt from charges for treatment the need for which arose during the visit only
23
1
No charge may be made or recovered in respect of any relevant services, consisting of treatment the need for which arose during the visit, provided to an overseas visitor who is any of the following —
a
in receipt of a pension or benefit under the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and has at any time had —
i
not less than ten years continuous lawful residence in the United Kingdom; or
ii
not less than ten years continuous service as a Crown servant employed by, or in the service of, the Government of the United Kingdom;
b
resident in an EEA state, Switzerland or in a country or territory specified in Schedule 2 (except Israel) and has at any time had not less than ten years continuous lawful residence in the United Kingdom;
c
a national of a state which is a contracting party to the European Convention on Social and Medical Assistance 1954 or the European Social Charter 1961 and is —
i
lawfully present in the United Kingdom; and
ii
without sufficient resources to pay the charge;
d
an authorised child or an authorised companion; or
e
an individual who is in the United Kingdom as part of the “Games Family”, as defined in Schedule 3, during the relevant period.
2
For the purposes of this regulation, “treatment” includes medical, dental and nursing services required for —
a
the care of women who are pregnant or in childbirth; or
b
the prevention or diagnosis of illness.
Family members of overseas visitors
24
1
Where paragraph (2) applies, no charge may be made or recovered in respect of any relevant services provided to a member of the family of an overseas visitor, where that family member is lawfully present in the United Kingdom.
2
Paragraph (1) applies in relation to an overseas visitor who is exempt from charges under any of the following regulations —
a
regulation 12 (human trafficking);
b
regulation 15 (NATO forces);
c
regulation 18 (Her Majesty’s United Kingdom Forces, Crown servants and others);
d
regulation 20 (missionaries).
3
Where paragraph (4) applies, no charge may be made or recovered in respect of any relevant services provided to a member of the family of an overseas visitor, where the member of the family is lawfully present on a permanent basis with the overseas visitor whilst the overseas visitor is residing in or visiting the United Kingdom.
4
Paragraph (3) applies in relation to an overseas visitor who is exempt from charges under any of the following regulations —
a
regulation 7 (lawful residence for 12 months);
b
regulation 8 (presence for work, study etc., or to settle);
c
regulation 9 (EU rights);
d
regulation 11 (refugees, asylum seekers and children in care);
e
regulation 14 (diplomats);
f
regulation 16 (long term visits by United Kingdom pensioners);
g
regulation 17 (war pensioners and armed forces compensation scheme payment recipients);
h
regulation 19 (former residents working overseas);
i
regulation 21 (prisoners and detainees);
j
regulation 22 (employees on ships).
5
Where paragraph (6) applies, no charge may be made or recovered in respect of any relevant services consisting of treatment the need for which arose during the visit, provided to a member of the family of an overseas visitor, where the member of the family is lawfully present on a permanent basis with the overseas visitor whilst the overseas visitor is residing in or visiting the United Kingdom.
6
Paragraph (5) applies to an overseas visitor who is exempt from charges under regulation 10 (reciprocal agreements), or regulation 23(1)(a) or (b) (treatment for needs arising).
7
For the purposes of this regulation “member of the family of an overseas visitor” means —
a
the spouse or civil partner of an overseas visitor; or
b
a child in respect of whom an overseas visitor is a parent or legal guardian.
8
None of the provisions of this regulation affect any entitlement which any member of the family of an overseas visitor may have to the provision of any relevant services by virtue of an enforceable EU right.
PART 4 REVOCATIONS AND CONSEQUENTIAL AMENDMENTS
Revocations and consequential amendments
25
1
The instruments specified in column (1) of Schedule 4 are revoked to the extent specified in column (3) of that Schedule.
2
The amendments set out in Schedule 5, which are consequential on the revocation of the National Health Service (Charges to Overseas Visitors) Regulations 1989 , have effect.
Signed by authority of the Secretary of State for Health.
Anne Milton
Parliamentary Under-Secretary of State,
Department of Health
21st June 2011


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records and Registration) (Jersey) (Amendment) Regulations 2011 and shall come into force on 6th April 2011.
2
In these Regulations “the 2010 Regulations ” mean the Police Act 1997 (Criminal Records and Registration) (Jersey) Regulations 2010 .
3
These Regulations extend to Jersey.
Amendment of regulation 3 of the 2010 Regulations
2
In regulation 3(b) of the 2010 Regulations (fees for criminal record certificates and enhanced criminal record certificates) for “£36” substitute “£44”.
Lynne Featherstone
Parliamentary Under-Secretary of State
Home Office
10th March 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Eastern and Coastal Kent Community Health National Health Service Trust (Establishment) Amendment Order 2011 and shall come into force on 1st April 2011.
2
In this Order —
“the Establishment Order ” means the Eastern and Coastal Kent Community Health National Health Service Trust (Establishment) Order 2010 ;
“ the trust ” means the National Health Service trust established by the Establishment Order.
Change of name of trust and transitional provision
2
1
The trust shall be called the Kent Community Health National Health Service Trust instead of the Eastern and Coastal Kent Community Health National Health Service Trust.
2
Accordingly in article 2 of the Establishment Order (establishment and name of the trust), omit “Eastern and Coastal”.
3
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Amendment of article 4(1) of the Establishment Order
3
In article 4(1) of the Establishment Order for “5 non-executive directors” substitute “7 non-executive directors”.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
21st March 2011


text:
Citation, commencement and effect
1
1
This Order may be cited as the Taxation of Pension Schemes (Transitional Provisions) (Amendment) (No.2) Order 2011 and comes into force on 11th August 2011.
2
Article 2(2)(a)(i) and (b) has effect for the tax year 2012-13 and subsequent tax years.
3
Article 2(3), (4) and (5) has effect in relation to lump sums paid on or after 6th April 2011.
Amendment of the Taxation of Pension Schemes (Transitional Provisions) Order 2006
2
1
The Taxation of Pension Schemes (Transitional Provisions) Order 2006 is amended as follows.
2
In article 23(2) (modification of paragraph 34 of Schedule 36 to the Finance Act 2004) —
a
in the sub-paragraph (5) treated as substituted —
i
for “CLSA” substitute “ULA”, and
ii
for “FLSA” substitute “FSLA”;
b
in the sub-paragraph (7) treated as substituted, for the definition of “ CSLA ” substitute —
ULA is the underpinned lifetime allowance,
.
3
In article 23C(4) (modification of Schedule 29 to the Finance Act 2004), in the paragraph 7A treated as inserted, in sub-paragraph (1)(b) omit “, but has not reached the age of 75”.
4
In article 25(3)(a) (stand-alone lump sums: introductory and definition), for “D” substitute “C”.
5
In article 25A (conditions to be met by stand-alone lump sums), omit paragraph (5).
Angela Watkinson
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
20th July 2011


text:
Citation and commencement
1
These Regulations may be cited as the Childcare (Fees) (Amendment) Regulations 2011 and come into force on 1st September 2011.
Amendment to the Childcare (Fees) Regulations 2008
2
1
The Childcare (Fees) Regulations 2008 are amended in accordance with paragraph (2).
2
In regulation 10(7), for “2011” substitute “2012”.
Sarah Teather
Minister of State
Department for Education
4th July 2011


text:
Citation, commencement
1
This Order may be cited as the Export Control (Iran) Order 2011 and comes into force on 13th June 2011.
Revocations
2
1
The following instruments are revoked —
a
Export Control (Iran) Order 2007 ,
b
Export Control (Iran) (Amendment) Order 2007 ,
c
Export Control (Iran) (Amendment) Order 2008 , and
d
Export Control (Iran) (Amendment) Order 2010 .
Interpretation
3
1
In this Order —
“the 1979 Act ” means the Customs and Excise Management Act 1979 ;
“the 2008 Order ” means the Export Control Order 2008 ;
“Annex I items” means goods or technology listed in Annex I to the Regulation ;
“Annex II items” means goods or technology listed in Annex II to the Regulation;
“Annex III items” means equipment listed in Annex III to the Regulation;
“Annex IV items” means goods or technology listed in Annex IV to the Regulation;
“Annex VI items” means equipment or technology listed in Annex VI to the Regulation;
“CML items” means goods or technology listed in the Common Military List of the European Union ;
“EU authorisation” means an authorisation granted under article 3, 5(2), 7, 12 or 13 of the Regulation;
“the Regulation” means Council Regulation (EU) No 961/2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 , and a reference to an Annex to that Regulation is to be construed as a reference to that Annex as amended from time to time;
2
An expression used both in this Order and in the Regulation has the meaning that it bears in the Regulation.
Savings
4
An authorisation which was granted under Article 3 or 5(2) of Council Regulation (EC) No 423/2007 as last amended by Council Regulation (EU) No 1228/2009 and was in effect immediately before the coming into force of this Order has effect as if it were a licence granted under Article 3 or 5(2) of Council Regulation (EU) No. 961/2010.
Offences related to Annexes I, II and III items
5
A person who contravenes any of the following provisions of the Regulation, except by exporting or importing goods, commits an offence and may be arrested —
a
Article 2(1)(a) (prohibition on sale etc. of Annex I or II items to any Iranian person, entity or body or for use in Iran);
b
Article 2(1)(b) (prohibition on sale etc. of Annex III items to any Iranian person, entity or body or for use in Iran);
c
Article 4 (prohibition on purchase etc. of Annex I, II or III items from Iran);
d
Article 5(1)(a) (prohibition on provision of technical assistance related to CML items to any Iranian person, entity or body or for use in Iran);
e
Article 5(1)(b) (prohibition on provision of technical assistance or brokering services related to Annex I or II items to any Iranian person, entity or body or for use in Iran);
f
Article 5(1)(c) (prohibition on provision of technical assistance or brokering services related to Annex III items to any Iranian person, entity or body or for use in Iran);
g
Article 5(1)(d) (prohibition on provision of financing or financial assistance related to CML items or Annex I, II or III items to any Iranian person, entity or body or for use in Iran).
Offences related to Annex IV items
6
1
A person contravenes a provision of the Regulation listed in paragraph 2, if that person —
a
does an act for which an authorisation is required by that provision, and
b
does not have the required authorisation.
2
A person who contravenes any of the following provisions of the Regulation, except by exporting goods, commits an offence and may be arrested —
a
Article 3(1) (authorisation required for sale, etc. of Annex IV items to any Iranian person, entity or body or for use in Iran);
b
Article 5(2)(a) (authorisation required for provision of technical assistance or brokering services related to Annex IV items to any Iranian person, entity or body or for use in Iran),;
c
Article 5(2)(b) (authorisation required for provision of financing or financial assistance related to Annex IV items to any Iranian person, entity or body or for use in Iran) .
3
A person commits an offence and may be arrested if that person —
a
is concerned in an activity, except by exporting goods, for which an authorisation is required by Article 3(1) of the Regulation;
b
does not have the required authorisation; and
c
is knowingly concerned in that activity with intent to evade a restriction specified in that Article.
4
A person commits and offence and may be arrested if that person —
a
is concerned in an activity, except by exporting goods, for which an authorisation is required by Article 5(2)(a) or (b) of the Regulation;
b
does not have the required authorisation; and
c
is knowingly concerned in that activity with intent to evade a restriction specified in that Article.
Offences related to Annex VI items
7
A person who contravenes any of the following provisions of the Regulation, except by exporting goods, commits an offence and may be arrested —
a
Article 8(1) (prohibition on sale etc. of Annex VI items to any Iranian person, entity or body or for use in Iran);
b
Article 9(a) (prohibition on provision of technical assistance or brokering services related to Annex VI items to any Iranian person, entity or body or for use in Iran); or
c
Article 9(b) (prohibition on provision of financing or financial assistance related to Annex VI items to any Iranian person, entity or body or for use in Iran).
Offences related to restrictions on financing of certain enterprises
8
1
A person who contravenes any of the following provisions of the Regulation commits an offence and may be arrested —
a
Article 11(1)(a) (prohibition on the granting of any financial loan or credit to any Iranian person, entity or body engaged in certain activities);
b
Article 11(1)(b) (prohibition on the acquisition or extension of a participation in any Iranian person, entity or body engaged in certain activities);
c
Article 11(1)(c) (prohibition on the creation of a joint venture with any Iranian person, entity or body engaged in certain activities);
d
Article 11(4) (prohibition of establishing cooperation with an Iranian person, entity or body engaged in the transmission of natural gas referred to in Article 11(3)(b) of the Regulation).
2
A person commits an offence and may be arrested if that person —
a
does an act for which authorisation is required by Article 12(1) of the Regulation (the making of an investment through transactions referred to in Article 11(1) of the Regulation in an Iranian person, entity or body engaged in the manufacture of goods or technology listed in Annex IV), and
b
does not have the required authorisation.
3
A person commits an offence and may be arrested if that person —
a
is concerned in an activity for which an authorisation is required under Article 12(1) of the Regulation,
b
does not have the required authorisation, and
c
is knowingly concerned in that activity with intent to evade the restriction in that Article.
Offences related to restrictions on Iranian investment in the uranium mining and nuclear industry
9
A person who contravenes Article 15(a) of the Regulation (accepting or approving, by concluding an agreement or by any other means, that the granting of any financial loan or credit, or the acquisition or extension of a participation, or the creation of any joint venture be made by one or more Iranian persons, entities or bodies, in an enterprise engaged in the activities specified in that Article) commits an offence and may be arrested.
Offences related to EU authorisations
10
1
A person commits an offence and may be arrested who, for the purpose of obtaining an EU authorisation —
a
makes any statement or furnishes any document or information which to that person’s knowledge is false in a material particular; or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular.
2
An EU authorisation granted in connection with the application for which the false statement was made or the false document or information furnished is void from the time it was granted.
3
A person who, having acted under the authority of an EU authorisation, fails to comply with a requirement or condition to which the EU authorisation is subject commits an offence and may be arrested, unless —
a
the EU authorisation was modified after the completion of the act authorised; and
b
the alleged failure to comply would not have been a failure had the EU authorisation not been so modified.
Overlap with the 2008 Order
11
A person is not guilty of an offence under the 2008 Order who would, apart from this article, be guilty of —
a
an offence under this Order; and
b
a corresponding offence under the 2008 Order.
Supplementary provisions as to Offences
12
1
— A person commits an offence and may be arrested who participates, knowingly and intentionally, in activities the object or effect of which is (whether directly or indirectly) —
a
to circumvent the prohibitions of the Regulation specified in articles, 5(a) to (c) or 7(a) of this Order, or
b
to enable or facilitate the contravention of any such prohibition.
2
A person commits an offence and may be arrested who participates, knowingly and intentionally, in activities the object or effect of which is (whether directly or indirectly) —
a
to circumvent the prohibitions of the Regulation specified in articles 5(d) to (g), 7(b) or (c), 8(1) or 9 of this Order, or
b
to enable or facilitate the contravention of any such prohibition.
3
The limitation of liability in Article 32(2) of the Regulation applies to the offences in articles 5 to 9 of this Order.
Penalties
13
1
Subject to paragraph (2), a person guilty of an offence under articles 5(a), (b) or (c), 6(2)(a) or 6(3), 7(a) or 12(1) of this Order is liable —
a
on summary conviction —
i
in England and Wales, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
ii
in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.
b
on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine, or to both.
2
In relation to an offence committed after the commencement of section 154(1) of the Criminal Justice Act 2003 , for “six months” in paragraph (1)(b)(i) substitute “twelve months”.
3
A person guilty of an offence under articles 5(d) to (g), 6(2)(b) or (c), 6(4), 7(b) or (c), 8, 9, 10 or 12(2) of this Order is liable —
a
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or to both;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
4
In the case of an offence committed in connection with a prohibition or restriction on exportation in Article 2(1)(a) or (b), Article 3(1) or Article 8(1) of the Regulation, sections 68(3)(b) and 170(3)(b) of the 1979 Act shall have the effect as if for the words “7 years” there were substituted the words “10 years”.
Application of the 1979 Act
14
1
Where the Commissioners for Her Majesty’s Revenue and Customs investigate or propose to investigate any matter with a view to determining —
a
whether there are grounds for believing that an offence under this Order has been committed; or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter.
2
Section 77A of the 1979 Act (provision as to information powers) shall apply to a person concerned in an activity which, if not authorised by an EU authorisation, would contravene Articles 2 to 5, 8, 9, 11,12 or 15 of the Regulation and accordingly references in section 77A of the 1979 Act to exportation shall be read as including any such activity.
3
Section 138 of the 1979 Act (provision as to arrest of persons) shall apply to the arrest of a person for an offence under this Order as it applies to the arrest of a person for an offence under the customs and excise Acts.
4
Sections 145 , 146 , 146A , 147 , 148, 150 , 151 , 152 , 154 , and 155 of the 1979 Act (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under this Order as they apply in relation to offences and penalties under the customs and excise Acts.
5
For the purposes of this article, “the customs and excise Acts” and “assigned matter” have the same meanings as in section 1 of the 1979 Act.
Review
15
1
Before the end of each review period, the Secretary of State must —
a
carry out a review of this Order,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to the rules on penalties applicable to infringements of the provisions of the Regulation and the measures taken to implement them in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the rules on penalties applicable to infringements of the provisions of the Regulation established by this Order and the measures taken to implement them,
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
“Review period” means —
a
the period of five years beginning with the day on which this Order comes into force, and
b
subject to paragraph (5), each successive period of five years.
5
If a report under this Order is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
Mark Prisk
Minister of State for Business and Enterprise
Department for Business, Innovation and Skills
18th May 2011


text:
Citation, commencement and extent
1
1
These Rules may be cited as the Police Appeals Tribunals (Amendment: Metropolitan Police) Rules 2011 and shall come into force on 16th January 2012.
2
These Rules extend to England and Wales.
Interpretation
2
In these Rules —
“the 1999 Rules ” means the Police Appeals Tribunals Rules 1999 ;
“the 2008 Rules ” means the Police Appeals Tribunals Rules 2008 .
Amendments to the 1999 Rules
3
1
The 1999 Rules are amended as follows.
2
In rule 3(1) (interpretation), after the definition of “original hearing” insert —
“police authority” means —
in relation to a police area listed in Schedule 1 to the Act, the police authority established under section 3 of the Act;
in relation to the metropolitan police district, the Mayor’s Office for Policing and Crime; and
in relation to the City of London police area, the Common Council;
.
3
For rule 4 (the respondent) substitute —
4
1
The respondent on an appeal by —
a
a senior officer of a police force maintained under section 2 of the 1996 Act or the City of London police force; or
b
the Commissioner of Police of the Metropolis or a person exercising powers or duties of the Commissioner in accordance with section 44 or 45(4) of the Police Reform and Social Responsibility Act 2011,
shall be a person designated for the purpose by the relevant police authority.
2
The respondent on an appeal by any other member of a police force shall be the chief officer of that force.
.
Amendments to the 2008 Rules
4
1
The 2008 Rules are amended as follows.
2
In regulation 3(1) (interpretation), at the end of the definition of “relevant police authority” insert —
and for the purposes of these Rules the Mayor’s Office for Policing and Crime shall be treated as the police authority maintaining the metropolitan police force;
.
3
In rule 8 (the respondent), for paragraph (1) substitute —
1
Where the appellant is —
a
a senior officer of a police force maintained under section 2 of the 1996 Act or the City of London police force; or
b
the Commissioner of Police of the Metropolis or a person exercising powers or duties of the Commissioner in accordance with section 44 or 45(4) of the Police Reform and Social Responsibility Act 2011,
the respondent shall be a person designated by the relevant police authority.
.
Appeals already being dealt with under the 1999 Rules
5
Where, as a result of the coming into force of rule 3(3), a chief officer of police replaces a person designated by a police authority as the respondent in relation to any appeal, the 1999 Rules shall have effect, as amended by these Rules, as if anything done or treated as done by or in relation to the person designated by the police authority in his capacity as respondent had been done by the chief officer of police.
Appeals already being dealt with under the 2008 Rules
6
Where, as a result of the coming into force of rule 4(3), a chief officer of police replaces a person designated by a police authority as the respondent in relation to any appeal, the 2008 Rules shall have effect, as amended by these Rules, as if anything done or treated as done by or in relation to the person designated by the police authority in his capacity as respondent had been done by the chief officer of police.
Nick Herbert
Minister of State
Home Office
15th December 2011


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating and Business Rate Supplements (England) (Amendment) Regulations 2011 and shall come into force on 10th March 2011.
Amendment of the Non-Domestic Rating (Payment of Interest) Regulations 1990
2
1
The Non-Domestic Rating (Payment of Interest) Regulations 1990 are amended as follows.
2
In paragraph (1) of regulation 2 (Interpretation) —
a
after the definition of “the Act”, insert —
“the BRS Act ” means the Business Rate Supplements Act 2009;
and
b
in the definition of “liability”, for sub-paragraph (a), substitute —
a
that person’s liability under —
i
section 43 or 45 of the Act, or
ii
section 11 of the BRS Act,
in relation to the hereditament in question or any hereditament entered in a rating list in substitution for all or part of that hereditament; or
.
Amendment of the Business Rate Supplements (Transfers to Revenue Accounts) (England) Regulations 2009
3
1
The Business Rate Supplements (Transfers to Revenue Accounts) (England) Regulations 2009 are amended as follows.
2
In paragraph 7(2) of Schedule 2, for “transferred to the levying authority’s revenue account”, substitute “collected”.
Signed by authority of the Secretary of State for Communities and Local Government
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
8th February 2011


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Libya (Asset-Freezing) Regulations 2011 and come into force at 3.30 p.m. on 3rd March 2011.
2
An offence under these Regulations may be committed by conduct wholly or partly outside the United Kingdom by —
a
a UK national, or
b
a body incorporated or constituted under the law of any part of the United Kingdom.
3
In paragraph (2) —
“conduct” includes acts and omissions;
“UK national” means —
a British citizen,
a British overseas territories citizen who acquired their citizenship from a connection with Gibraltar, or
a British subject under Part 4 of the British Nationality Act 1981 (British subjects) with the right of abode in the United Kingdom.
Interpretation
2
1
In these Regulations —
“the 2000 Act ” means the Financial Services and Markets Act 2000 ;
“the Council Regulation ” means Council Regulation (EC) No 204/2011 of 2 March 2011 concerning restrictive measures in view of the situation in Libya, and a reference to Annex II or III to that Regulation is to be construed as a reference to that Annex as amended from time to time;
“designated person” means a person, entity or body listed in Annex II or III to the Council Regulation;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;
“relevant institution” means —
a person who has permission under Part 4 of the 2000 Act (permission to carry on regulated activities);
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the 2000 Act (EEA passport rights) which has permission under paragraph 15 of that Schedule as a result of qualifying for authorisation under paragraph 12 of that Schedule to accept deposits; or
an undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means or cashes cheques which are made payable to customers.
2
The definition of “relevant institution” in paragraph (1) must be read with —
a
section 22 of the 2000 Act (the classes of activity and categories of investment),
b
any relevant order under that section , and
c
Schedule 2 to that Act (regulated activities).
3
Any expression used both in these Regulations and in the Council Regulation has the meaning that it bears in the Council Regulation.
Freezing of funds and economic resources
3
1
A person (“P”) must not deal with funds or economic resources belonging to, or owned, held or controlled by, a designated person if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources.
2
In paragraph (1) “deal with” means —
a
in relation to funds —
i
use, alter, move, allow access to or transfer;
ii
deal with the funds in any other way that would result in any change of volume, amount, location, ownership, possession, character or destination; or
iii
make any other change that would enable use, including portfolio management; and
b
in relation to economic resources, exchange, or use in exchange, for funds, goods or services.
3
Paragraph (1) is subject to regulation 9.
Making funds available to a designated person
4
1
A person (“P”) must not make funds available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
Paragraph (1) is subject to regulations 8 and 9.
Making funds available for the benefit of a designated person
5
1
A person (“P”) must not make funds available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
For the purposes of this regulation —
a
funds are made available for the benefit of the designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulations 8 and 9.
Making economic resources available to a designated person
6
1
A person (“P”) must not make economic resources available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect —
a
that P is making the economic resources so available, and
b
that the designated person would be likely to exchange the economic resources, or use them in exchange, for funds, goods or services.
2
Paragraph (1) is subject to regulation 9.
Making economic resources available for the benefit of a designated person
7
1
A person (“P”) must not make economic resources available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the economic resources so available.
2
For the purposes of this regulation —
a
economic resources are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulation 9.
Credits to a frozen account
8
1
The prohibitions in regulations 4 and 5 are not contravened by a relevant institution crediting a frozen account with —
a
interest or other earnings due on the account, or
b
payments due under contracts, agreements or obligations that were concluded or arose before the account became a frozen account.
2
The prohibitions in regulations 4 and 5 on making funds available do not prevent a relevant institution from crediting a frozen account where it receives funds transferred to the account.
3
A relevant institution must inform the Treasury without delay if it credits a frozen account in accordance with paragraph (1)(b) or (2).
4
In this regulation “frozen account” means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person.
Licences
9
1
The prohibitions in regulations 3 to 7 do not apply to anything done under the authority of a licence granted by the Treasury.
2
A licence must specify the acts authorised by it and may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions;
c
of indefinite duration or subject to an expiry date.
3
The Treasury may vary or revoke a licence at any time.
4
On the grant, variation or revocation of a licence, the Treasury must —
a
in the case of a licence granted to a particular person, give written notice of the grant, variation or revocation to that person,
b
in the case of a general licence or a licence granted to a category of persons, take such steps as the Treasury consider appropriate to publicise the grant, variation or revocation of the licence.
5
A person commits an offence who, for the purpose of obtaining a licence, knowingly or recklessly —
a
provides information that is false in a material respect, or
b
provides or produces a document that is not what it purports to be.
6
A person who purports to act under the authority of a licence but who fails to comply with any conditions included in the licence commits an offence.
Contravention and circumvention of prohibitions
10
1
A person who contravenes any of the prohibitions in regulations 3 to 7 commits an offence.
2
A person commits an offence who intentionally participates in activities knowing that the object or effect of them is (whether directly or indirectly) —
a
to circumvent any of the prohibitions in regulations 3 to 7, or
b
to enable or facilitate the contravention of any such prohibition.
Information provisions
11
The Schedule (which contains provisions concerning information gathering and disclosure) has effect.
Cooperation with UK or international investigations
12
The Treasury must take such steps as they consider appropriate to cooperate with any investigation, in the United Kingdom or elsewhere, relating to the funds, economic resources or financial transactions of a designated person.
Officers of a body corporate etc.
13
1
Where an offence under these Regulations committed by a body corporate —
a
is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or
b
is attributable to any neglect on the part of any such person,
that person as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
In paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Paragraph (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body for a reference —
a
in the case of a partnership, to a partner;
b
in the case of an unincorporated body other than a partnership —
i
where the body’s affairs are managed by its members, to a member of the body;
ii
in any other case, to a member of the governing body.
Penalties
14
1
A person guilty of an offence under regulation 9 or 10 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.
2
A person guilty of an offence under paragraph 1(5) or 4(1) of the Schedule is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
Proceedings
15
1
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
2
In England and Wales an information relating to an offence that is triable by a magistrates’ court may be so tried if it is laid —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.
3
In Scotland —
a
summary proceedings for an offence may be commenced —
i
before the end of twelve months from the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to the Lord Advocate’s knowledge, and
ii
not later than three years after the commission of the offence; and
b
section 136(3) of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.
4
In Northern Ireland summary proceedings for an offence may be instituted —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor.
5
For the purposes of this regulation a certificate of the prosecutor (or in Scotland, the Lord Advocate) as to the date on which such evidence as is referred to above came to their notice is conclusive evidence.
Consent to prosecution
16
1
Proceedings for an offence under these Regulations (other than a summary offence) may not be instituted —
a
in England and Wales, except by or with the consent of the Attorney General,
b
in Northern Ireland —
i
where the offence is committed wholly or partly outside Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland;
ii
for all other offences, except by or with the consent of the Director for Public Prosecutions for Northern Ireland.
2
Nothing in paragraph (1) prevents —
a
the arrest of a person in respect of an offence under these Regulations, or
b
the remand in custody or on bail of any person charged with such an offence.
Notices
17
1
This regulation has effect in relation to any notice to be given to a person by the Treasury under regulation 9.
2
Any such notice may be given —
a
by posting it to the person’s last known address, or
b
where the person is a body corporate, partnership or unincorporated body other than a partnership, by posting it to the registered or principal office of the body or partnership concerned.
3
Where the Treasury do not have an address for the person, they must make arrangements for the notice to be given to the person at the first available opportunity.
The Crown
18
1
These Regulations bind the Crown.
2
No contravention by the Crown of a provision of these Regulations makes the Crown criminally liable.
3
The High Court or, in Scotland, the Court of Session may, on the application of a person appearing to the court to have an interest, declare unlawful any act or omission of the Crown that constitutes a contravention of a provision of these Regulations.
4
Nothing in this regulation affects Her Majesty in her private capacity.
5
Paragraph (4) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in these Regulations.
Amendments
19
In section 63(1) of the Counter-Terrorism Act 2008 (application to set aside financial restrictions decision) , after paragraph (ab) insert —
ac
the Libya (Asset-Freezing) Regulations 2011( S.I. 2011/605 ),
.
20
After article 18 of the Libya (Financial Sanctions) Order 2011 , insert —
The Libya (Asset-Freezing) Regulations 2011
19
This Order does not apply to any transaction or other act which is prohibited by regulations 3 to 7 of the Libya (Asset-Freezing) Regulations 2011 or which would be so prohibited if regulation 8 (credits to a frozen account) or 9 (licences) did not apply.
Michael Fabricant
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
At 1.00 p.m. on 3rd March 2011


text:
1
Citation, commencement, application and interpretation
1
This Order may be cited as the School Teachers’ Pay and Conditions Order 2011 and comes into force on 1st September 2011.
2
This Order applies to school teachers in England and Wales.
3
In this Order, “ the Document ” means the document entitled “School Teachers’ Pay and Conditions Document 2011 and Guidance on School Teachers’ Pay and Conditions” published on the website of the Department for Education.
2
The Document
The provisions set out in section 2 of the Document have effect on and after 1st September 2011 for the purposes of determining —
a
the remuneration of school teachers, and
b
other conditions of employment of school teachers which relate to their professional duties and working time.
3
Revocation
The School Teachers’ Pay and Conditions Order 2010 and the School Teachers’ Pay and Conditions (Amendment) Order 2011 are revoked.
Nick Gibb
Minister of State
Department for Education
3rd August 2011


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Greenhouse Gas Emissions Trading Scheme (Amendment) (Registries and Fees etc.) Regulations 2011 and come into force on 1st January 2012.
2
These Regulations extend to England, Wales, Scotland and Northern Ireland.
Interpretation
2
In these Regulations —
“the ETS Directive ” means Directive 2003/87/ EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC , as amended from time to time ;
“the 2005 Regulations ” means the Greenhouse Gas Emissions Trading Scheme Regulations 2005 ;
“the Registries Regulation ” means Commission Regulation (EU) No 920/2010 of 7 October 2010 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council, as amended from time to time .
Review
3
1
The Secretary of State must from time to time —
a
carry out a review of these Regulations;
b
set out the conclusions of the review in a report; and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Registries Regulation (which is implemented by means of paragraph 14 in the Schedule to these Regulations) and the ETS Directive (which is implemented in part by paragraph 4 of the Schedule to these Regulations) is implemented in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established by these Regulations;
b
assess the extent to which those objectives are achieved; and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Amendments in relation to permits, trading scheme registries and charging schemes
4
The Schedule to these Regulations has effect.
Greg Barker
Minister of State
Department of Energy and Climate Change
1st December 2011


text:
Citation and commencement
1
These Regulations may be cited as the Gaming Duty (Amendment) Regulations 2011 and come into force on 1st October 2011.
Interpretation
2
In these Regulations “quarter” means the first three months of an accounting period.
Application and revocation
3
1
These Regulations apply in the case of payments on account of gaming duty for any quarter that ends on or after 31st October 2011.
2
The Gaming Duty (Amendment) Regulations 2009 are revoked.
The amount of payments on account
4
For the purpose of calculating payments on account of gaming duty in the cases to which these Regulations apply, substitute the following Table for the Table in regulation 5 of the Gaming Duty Regulations 1997 :
Table
Part of gross gaming yield Rate
The first £1,033,500 15 per cent The next £712,500 20 per cent The next £1,248,000 30 per cent The next £2,634,000 40 per cent The remainder 50 per cent
Melanie Dawes
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
20th July 2011


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Mauritius) Order 2011.
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 arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Mauritius) Order 1981 , have been made with the Government of the Republic of Mauritius;
b
the arrangements have been made with a view to affording relief from double taxation in relation to income tax, corporation tax, capital gains tax and taxes of a similar character imposed by the laws of the Republic of Mauritius 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 and commencement
1
These Regulations may be cited as the Supply of Machinery (Safety) (Amendment) Regulations 2011 and come into force on 15th December 2011.
Amendment of the Supply of Machinery (Safety) Regulations 2008
2
The Supply of Machinery (Safety) Regulations 2008 are amended as set out in regulations 3 to. 8 .
3
1
Regulation 2 (interpretation) is amended as follows.
2
In paragraph (1)(a), after “Directive 95/16/ EC ” insert “, as amended by Directive 2009/127/EC of the European Parliament and of the Council amending Directive 2006/42/EC with regard to machinery for pesticide application ”.
3
In paragraph (2) —
a
for the definition of “essential health and safety requirements” substitute —
“essential health and safety requirements” means the requirements set out in Annex I (Part 1 of Schedule 2), being requirements relating to the design and construction of the products to which these Regulations apply to ensure a high level of protection of the health and safety of persons and, where appropriate, of domestic animals and property and, in the case of machinery referred to in section 2.4 of Annex I, of the environment;
;
b
in the definition of “safe”, at the end insert —
or
in the case of machinery referred to in section 2.4 of Annex I (Part 1 of Schedule 2), endanger the environment;
.
4
Regulation 9 is revoked.
5
Paragraph (10) of regulation 16 is revoked.
6
In regulation 22(1)(a) omit “9”.
7
After regulation 28 insert —
Review
29
1
Before the end of each review period, the Secretary of State must —
a
carry out a review of these Regulations,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established by these Regulations,
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
“Review period” means —
a
the period of five years beginning with 1st December 2009, and
b
subject to paragraph (5), each successive period of five years.
5
If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
.
8
Part 1 of Schedule 2 (Annex I: Essential health and safety requirements relating to the design and construction of machinery) is amended as set out in the Schedule to these Regulations.
Amendment of Northern Ireland Statutory Rules
9
1
The Lifting Operations and Lifting Equipment Regulations (Northern Ireland) 1999 are amended as set out in paragraph (2) .
2
In regulation 2 —
a
omit the definition of “the 1992 Regulations”; and
b
in the definition of “EC declaration of conformity”, for sub-paragraph (a) substitute —
a
section A of part 1 of Part 2 of Schedule 2 to the Supply of Machinery (Safety) Regulations 2008;
.
3
The Provision and Use of Work Equipment Regulations (Northern Ireland) 1999 are amended as set out in paragraph (4) .
4
In Schedule 2 —
a
omit the entry relating to the Supply of Machinery (Safety) Regulations 1992 ; and
b
at the end insert a new entry as follows —
i
in the first column: “The Supply of Machinery (Safety) Regulations 2008”; and
ii
in the second column: “ S.I. 2008/1597 , amended by S.I. No. 2011/2157 ”.
Mark Prisk
Minister of State for Business and Enterprise
Department for Business, Innovation and Skills
5th September 2011


text:
Citation and commencement
1
This Order may be cited as the Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2011 and shall come into force on 13th April 2011.
Increase in earnings limits in respect of dependent children and qualifying young persons
2
In paragraph 4(4) of Schedule 7 to the Social Security Contributions and Benefits Act 1992 —
a
in paragraph (a), for “£200” substitute “£205”; and
b
in paragraph (b), for “£26” substitute “£27”, and for “£200” substitute “£205”.
Signed by authority of the Secretary of State for Work and Pensions.
C Grayling
Minister of State
Department for Work and Pensions
17th March 2011