text:
Citation, commencement and extent
1
1
This Order may be cited as the Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 and comes into force on 1st October 2010.
2
The amendment of any provision by this Order has the same extent as the provision being amended.
Amendment of the National Assistance Act 1948
2
In section 26 of the National Assistance Act 1948 (provision of accommodation in premises maintained by voluntary organisations) , in subsection (1A)(b), for the words from “person” onwards substitute —
person —
i
in the case of a home in England, is registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of a regulated activity (within the meaning of that Part) carried on in the home, or
ii
in the case of a home in Wales, is registered under Part 2 of the Care Standards Act 2000 in respect of the home.
.
Amendments of the Prison Act 1952
3
In Schedule A1 to the Prison Act 1952 (further provision about Her Majesty’s Chief Inspector of Prisons) , in paragraph 4 (co-operation), omit paragraphs (f) and (g) (which relate to the Commission for Healthcare Audit and Inspection and the Commission for Social Care Inspection).
Amendments of the Greater London Council (General Powers) Act 1981
4
1
In section 16 of the Greater London Council (General Powers) Act 1981 (exemption for certain purposes) —
a
in paragraph (g), omit “, or an independent hospital,”; and
b
after paragraph (g) insert —
ga
used —
i
as a hospital as defined by section 275 of the National Health Service Act 2006, or
ii
for the provision of any of the services listed in subsection (2),
but not used as a health service hospital as defined by section 275 of the National Health Service Act 2006;
.
2
Renumber section 16 as so amended as subsection (1) of that section and after that provision insert —
2
The services referred to in subsection (1)(ga)(ii) are as follows —
a
medical treatment under anaesthesia or intravenously administered sedation;
b
dental treatment under general anaesthesia;
c
obstetric services and, in connection with childbirth, medical services;
d
termination of pregnancies;
e
cosmetic surgery, other than —
i
ear and body piercing;
ii
tattooing;
iii
the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; or
iv
the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.
.
Amendments of the Mental Health Act 1983
5
1
The Mental Health Act 1983 is amended as follows.
2
In section 24 (visiting and examination of patients) , in subsection (3)(b), after “Part II of the Care Standards Act 2000” insert “or Part 1 of the Health and Social Care Act 2008”.
3
In section 34 (interpretation of Part 2) , in subsection (1), for the definition of “registered establishment” substitute —
“registered establishment” means an establishment which would not, apart from subsection (2) below, be a hospital for the purposes of this Part and which —
in England, is a hospital as defined by section 275 of the National Health Service Act 2006 that is used for the carrying on of a regulated activity, within the meaning of Part 1 of the Health and Social Care Act 2008, which relates to the assessment or medical treatment of mental disorder and in respect of which a person is registered under Chapter 2 of that Part; and
in Wales, is an establishment in respect of which a person is registered under Part 2 of the Care Standards Act 2000 as an independent hospital in which treatment or nursing (or both) are provided for persons liable to be detained under this Act;
.
4
In section 119 (practitioners approved for Part 4 and section 118) —
a
in subsection (2)(a), for “establishment of any description” substitute “regulated establishment (other than a hospital)”; and
b
for subsection (3) substitute —
3
In this section “regulated establishment” means —
a
an establishment in respect of which a person is registered under Part 2 of the Care Standards Act 2000; or
b
premises used for the carrying on of a regulated activity, within the meaning of Part 1 of the Health and Social Care Act 2008, in respect of which a person is registered under Chapter 2 of that Part.
.
5
In section 145 (interpretation) —
a
for the definition of “independent hospital” substitute —
“independent hospital” —
in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section, and
in relation to Wales, has the same meaning as in the Care Standards Act 2000;
; and
b
in the definition of “the managers” for paragraph (c) substitute —
c
in relation to a registered establishment —
i
if the establishment is in England, the person or persons registered as a service provider under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the regulated activity (within the meaning of that Part) relating to the assessment or medical treatment of mental disorder that is carried out in the establishment, and
ii
if the establishment is in Wales, the person or persons registered in respect of the establishment under Part 2 of the Care Standards Act 2000;
.
Amendments of the Greater London Council (General Powers) Act 1984
6
In section 10 of the Greater London Council (General Powers) Act 1984 (buildings to which Part 4 of Act applies) , in subsection (2) —
a
in paragraph (c), omit “, or an independent hospital,”;
b
after paragraph (c) insert —
ca
used for the provision of any of the services listed in subsection (3);
; and
c
after subsection (2), add —
3
The services referred to in paragraph (ca) of subsection (2) are as follows —
a
medical treatment under anaesthesia or intravenously administered sedation;
b
dental treatment under general anaesthesia;
c
obstetric services and, in connection with childbirth, medical services;
d
termination of pregnancies;
e
cosmetic surgery, other than —
i
ear and body piercing;
ii
tattooing;
iii
the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; or
iv
the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.
.
Amendments of the Children Act 1989
7
1
The Children Act 1989 is amended as follows.
2
In section 62 (duties of local authorities) , in subsection (6)(c), after “Care Standards Act 2000” insert “or section 20 of the Health and Social Care Act 2008”.
3
In section 105 (interpretation) , in subsection (1), for the definition of “independent hospital” substitute —
“independent hospital” —
in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; and
in relation to Wales, has the same meaning as in the Care Standards Act 2000;
.
Amendment of the National Health Service and Community Care Act 1990
8
In section 48 of the National Health Service and Community Care Act 1990 (inspection of premises used for provision of community care services) —
a
in subsection (1), for “(other than premises in respect of which any person is registered under Part II of the Care Standards Act 2000)” substitute “(other than regulated premises)”; and
b
after subsection (1), insert —
1A
In subsection (1) “regulated premises” means —
a
in relation to England, premises used for the carrying on of a regulated activity within the meaning of Part 1 of the Health and Social Care Act 2008 by a person who is registered under Chapter 2 of that Part in respect of the activity; and
b
in relation to Wales, premises in respect of which a person is registered under Part 2 of the Care Standards Act 2000.
.
Amendment of the Local Government Finance Act 1992
9
In Schedule 1 to the Local Government Finance Act 1992 (persons disregarded for purposes
of discount) , in paragraph 7 (patients in homes in England and Wales), in sub-paragraph (2), for the definition of “independent hospital” substitute —
“independent hospital” —
in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; and
in relation to Wales, has the same meaning as in the Care Standards Act 2000.
.
Amendments of the Powers of Criminal Courts (Sentencing) Act 2000
10
In Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000 (requirements which may be included in supervision orders) , in paragraph 6 (requirements as to treatment for mental condition) —
a
in sub-paragraph (2)(a) —
i
for “an independent hospital or” substitute “a”, and
ii
after “Care Standards Act 2000” insert “, an independent hospital”; and
b
for sub-paragraph (5) substitute —
5
In sub-paragraph (2) —
a
“independent hospital” —
i
in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section, and
ii
in relation to Wales, has the same meaning as in the Care Standards Act 2000; and
b
“registered psychologist” means a person registered in the part of the register maintained under the Health Professions Order 2001 which relates to practitioner psychologists.
.
Amendment of the Community Care (Delayed Discharges etc ) Act 2003
11
In section 12 of the Community Care (Delayed Discharges etc) Act 2003 (interpretation) , for the definition of “independent hospital” substitute —
“independent hospital” —
in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; and
in relation to Wales, has the same meaning as in the Care Standards Act 2000;
.
Amendments of the Licensing Act 2003
12
In section 16 of the Licensing Act 2003 (applicant for premises licence) —
a
in subsection (1) —
i
in paragraph (g), after “hospital” insert “in Wales”, and
ii
after paragraph (g) insert —
ga
a person who is registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated activity (within the meaning of that Part) in an independent hospital in England,
;
b
in subsection (3), for the definition of “independent hospital” substitute —
“independent hospital” —
in relation to England, means —
a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section, or
any other establishment in which any of the services listed in subsection (4) are provided and which is not a health service hospital as so defined; and
in relation to Wales, has the same meaning as in the Care Standards Act 2000;
; and
c
after subsection (3) add —
4
The services referred to in paragraph (a)(ii) of the definition of “independent hospital” are as follows —
a
medical treatment under anaesthesia or intravenously administered sedation;
b
dental treatment under general anaesthesia;
c
obstetric services and, in connection with childbirth, medical services;
d
termination of pregnancies;
e
cosmetic surgery, other than —
i
ear and body piercing;
ii
tattooing;
iii
the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; or
iv
the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.
.
Amendments of the Sexual Offences Act 2003
13
1
The Sexual Offences Act 2003 is amended as follows.
2
In section 21 (positions of trust) , in subsection (4)(b), before “an independent clinic” insert “in Wales,”.
3
In section 22 (positions of trust: interpretation) —
a
in subsection (5) —
i
for the definition of “hospital” substitute —
“hospital” means —
a hospital as defined by section 275 of the National Health Service Act 2006, or section 206 of the National Health Service (Wales) Act 2006; or
any other establishment —
in England, in which any of the services listed in subsection (6) are provided; and
in Wales, which is a hospital within the meaning given by section 2(3) of the Care Standards Act 2000;
, and
ii
in the definition of “independent clinic” omit “in relation to England and Wales,”; and
b
after subsection (5) add —
6
The services referred to in paragraph (b)(i) of the definition of “hospital” are as follows —
a
medical treatment under anaesthesia or intravenously administered sedation;
b
dental treatment under general anaesthesia;
c
obstetric services and, in connection with childbirth, medical services;
d
termination of pregnancies;
e
cosmetic surgery, other than —
i
ear and body piercing;
ii
tattooing;
iii
the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; or
iv
the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.
.
4
In section 42 (care workers: interpretation) —
a
for subsection (3) substitute —
3
This subsection applies if B is a patient for whom services are provided —
a
by a National Health Service body or an independent medical agency;
b
in an independent hospital; or
c
in Wales, in an independent clinic,
and A has functions to perform for the body or agency or in the hospital or clinic in the course of employment which have brought A or are likely to bring A into regular face to face contact with B.
; and
b
in subsection (5), for the definitions of “independent clinic”, “independent hospital” and “independent medical agency” substitute —
“independent clinic” has the meaning given by section 2 of the Care Standards Act 2000;
“independent hospital” —
in England, means —
a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; or
any other establishment in which any of the services listed in section 22(6) are provided and which is not a health service hospital as so defined; and
in Wales, has the meaning given by section 2 of the Care Standards Act 2000;
“independent medical agency” means an undertaking (not being an independent hospital, or in Wales an independent clinic) which consists of or includes the provision of services by medical practitioners;
; and
c
after subsection (5) add —
6
In subsection (5), in the definition of “independent medical agency”, “undertaking” includes any business or profession and —
a
in relation to a public or local authority, includes the exercise of any functions of that authority; and
b
in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body.
.
Amendments of the Criminal Justice Act 2003
14
In section 207 of the Criminal Justice Act 2003 (mental health treatment requirement) —
a
in subsection (2)(a) —
i
for “an independent hospital or” substitute “a”, and
ii
after “Care Standards Act 2000 (c. 14) ” insert “, an independent hospital”; and
b
after subsection (4) insert —
4A
In subsection (2) “independent hospital” —
a
in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; and
b
in relation to Wales, has the same meaning as in the Care Standards Act 2000.
.
Amendment of the Health Protection Agency Act 2004
15
For section 10 of the Health Protection Agency Act 2004 (health care provision: standards) substitute —
10
1
Insofar as any health care is provided by or for the Agency in England, the Agency is to be treated for the purposes of Chapters 3, 5 and 6 of Part 1 of the 2008 Act as a Primary Care Trust.
2
For the purposes of subsection (1), “health care” must be construed in accordance with section 97(1) and (2) of the 2008 Act.
3
Section 54 of the 2008 Act (studies as to economy, efficiency etc. ) does not apply to the Agency.
4
Insofar as any health care is provided by or for the Agency in Wales, the Agency is to be treated for the purposes of Chapters 2 and 4 of Part 2 of the 2003 Act as a Welsh NHS body.
5
For the purposes of subsection (4), “health care” must be construed in accordance with section 45 of the 2003 Act.
6
The references in section 71 of the 2003 Act (reporting to the Secretary of State and regulator) to special measures are, in relation to the Agency, references to anything that may be done by the appropriate authority in pursuance of section 4 above.
7
This section does not extend to Scotland and Northern Ireland.
8
In this section —
“the 2003 Act” means the Health and Social Care (Community Health and Standards) Act 2003; and
“the 2008 Act” means the Health and Social Care Act 2008.
.
Amendment of the Income Tax (Trading and Other Income) Act 2005
16
In section 726 of the Income Tax (Trading and Other Income) Act 2005 (meaning of “care provider”) , for subsection (2) substitute —
2
A person meets the care registration requirement in relation to care provided in England if the person is registered under Part 2 of the Care Standards Act 2000 or Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the provision of care.
2A
A person meets the care registration requirement in relation to care provided in Wales if the person is registered under Part 2 of the Care Standards Act 2000 in respect of the provision of care.
.
Amendments of the Mental Capacity Act 2005
17
1
The Mental Capacity Act 2005 is amended as follows.
2
In section 35 (appointment of independent mental capacity advocates) , in subsection (6)(b)(iii), after “Care Standards Act 2000 (c. 14) ” insert “or Chapter 2 of Part 1 of the Health and Social Care Act 2008”.
3
In section 38 (provision of accommodation by NHS body) , for subsection (7) substitute —
7
“Hospital” means —
a
in relation to England, a hospital as defined by section 275 of the National Health Service Act 2006; and
b
in relation to Wales, a health service hospital as defined by section 206 of the National Health Service (Wales) Act 2006 or an independent hospital as defined by section 2 of the Care Standards Act 2000.
.
4
In section 49 (power to call for reports), in subsection (7)(c), after “Care Standards Act 2000 (c. 14) ” insert “or Chapter 2 of Part 1 of the Health and Social Care Act 2008”.
5
In section 58 (functions of the Public Guardian), in subsection (5)(c), after “Care Standards Act 2000 (c. 14) ” insert “or Chapter 2 of Part 1 of the Health and Social Care Act 2008”.
6
In section 61 (Court of Protection Visitors), in subsection (5)(c), after “Care Standards Act 2000 (c. 14) ” insert “or Chapter 2 of Part 1 of the Health and Social Care Act 2008”.
7
In Schedule A1 (hospital and care home residents: deprivation of liberty) —
a
in Part 9 (assessments under this Schedule), in paragraph 131(c), after “Care Standards Act 2000” insert “or Chapter 2 of Part 1 of the Health and Social Care Act 2008”; and
b
in Part 13 (interpretation) —
i
for paragraph 175(3) substitute —
3
Independent hospital” —
a
in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not an NHS hospital; and
b
in relation to Wales, means a hospital as defined by section 2 of the Care Standards Act 2000 that is not an NHS hospital.
,
ii
for paragraph 177, substitute —
177
“Managing authority”, in relation to an independent hospital, means —
a
in relation to England, the person registered, or required to be registered, under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of regulated activities (within the meaning of that Part) carried on in the hospital, and
b
in relation to Wales, the person registered, or required to be registered, under Part 2 of the Care Standards Act 2000 in respect of the hospital.
.
iii
for paragraph 179, substitute —
179
“Managing authority”, in relation to a care home, means —
a
in relation to England, the person registered, or required to be registered, under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the provision of residential accommodation, together with nursing or personal care, in the care home, and
b
in relation to Wales, the person registered, or required to be registered, under Part 2 of the Care Standards Act 2000 in respect of the care home.
.
Amendment of the Childcare Act 2006
18
In section 18 of the Childcare Act 2006 (meaning of childcare) , in subsection (8), in paragraph (b) omit “, “hospital”” and after paragraph (b) insert —
ba
“hospital” has the meaning given by section 275 of the National Health Service Act 2006.
.
Amendments of the Safeguarding Vulnerable Groups Act 2006
19
1
The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
2
In section 6 (regulated activity providers) , in subsection (4)(b), for “arises under section 11 of the Care Standards Act 2000 (c. 14) ”, substitute —
arises —
i
in relation to England, under section 10 of the Health and Social Care Act 2008, or
ii
in relation to Wales, under section 11 of the Care Standards Act 2000.
.
3
In section 16 (exception to requirement to make monitoring check), in subsection (4), after paragraph (e) insert —
f
the activity is carried out in connection with an activity in respect of which a requirement to register arises under section 10 of the Health and Social Care Act 2008.
.
4
In section 21 (controlled activity relating to children) —
a
in subsection (8) —
i
in paragraph (b), omit the word “or” at the end of the paragraph, and
ii
after paragraph (c) insert —
, or
d
as an activity in respect of which a requirement to register arises under section 10 of the Health and Social Care Act 2008.
; and
b
in subsection (10), after paragraph (g) insert —
h
for, or on behalf of, a person in respect of whom a requirement to register in respect of any activity arises under section 10 of the Health and Social Care Act 2008.
.
5
In section 22 (controlled activity relating to vulnerable adults) —
a
in subsection (6) —
i
in the definition of “adult placement scheme”, in paragraph (b), for “arises under section 11 of the Care Standards Act 2000 (c. 14) ” substitute —
arises —
i
in relation to England, under section 10 of the Health and Social Care Act 2008, or
ii
in relation to Wales, under section 11 of the Care Standards Act 2000;
,
ii
in the definition of “hospital services” —
aa
in paragraph (e), omit “(within the meaning of section 2 of the Care Standards Act 2000)”,
bb
for paragraph (f) substitute —
f
in Wales, an independent clinic (within the meaning of section 2 of the Care Standards Act 2000);
, and
cc
in paragraph (g) omit “(within the meaning of that section)”,
iii
after the definition of “hospital services” insert —
“independent hospital” —
in relation to England, means —
a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section, or
any other establishment in which any of the services listed in subsection (7) are provided and which is not a health service hospital as so defined; and
in relation to Wales, has the same meaning as in the Care Standards Act 2000;
“independent medical agency” means an undertaking (not being an independent hospital, or in Wales an independent clinic) which consists of or includes the provision of services by medical practitioners;
, and
iv
after the definition of “primary care services” insert —
“undertaking” includes any business or profession and —
in relation to a public or local authority, includes the exercise of any functions of that authority; and
in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body.
; and
b
after subsection (6) add —
7
The services referred to in paragraph (a)(ii) of the definition of “independent hospital” are as follows —
a
medical treatment under anaesthesia or intravenously administered sedation;
b
dental treatment under general anaesthesia;
c
obstetric services and, in connection with childbirth, medical services;
d
termination of pregnancies;
e
cosmetic surgery, other than —
i
ear and body piercing;
ii
tattooing;
iii
the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; or
iv
the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.
.
6
In Schedule 7 (vetting information), in paragraph 6, in sub-paragraph (b), for “arises under section 11 of the Care Standards Act 2000 (c. 14) substitute —
arises —
i
in relation to England, under section 10 of the Health and Social Care Act 2008, or
ii
in relation to Wales, under section 11 of the Care Standards Act 2000.
.
Amendments of the Criminal Justice and Immigration Act 2008
20
In Schedule 1 to the Criminal Justice and Immigration Act 2008 (further provisions about youth rehabilitation orders) , in Part 2 (requirements), in paragraph 20 (mental health treatment requirement) —
a
in sub-paragraph (2)(a) —
i
for “an independent hospital or” substitute “a”, and
ii
after “Care Standards Act 2000 (c. 14) ” insert “, an independent hospital”; and
b
after sub-paragraph (4) insert —
4A
In sub-paragraph (2) “independent hospital” —
a
in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; and
b
in relation to Wales, has the same meaning as in the Care Standards Act 2000.
.
Signed by authority of the Secretary of State for Health.
Mike O’Brien
Minister of State,
Department of Health
15th March 2010


type: legislation

jurisdiction: UK

text:
PART 1 GENERAL
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 2010 and they come into force on 10th January 2011.
Interpretation
2
1
In these Regulations —
“the 1997 WHO recommended method ” means the method of determining airborne fibre concentrations recommended in the document “Determination of airborne fibre concentrations. A recommended method, by phase-contrast optical microscopy (membrane filter method)” published by the World Health Organization, Geneva, 1997 ( ISBN 92 4 154496 1), or any other method giving equivalent results which is approved by the Maritime and Coastguard Agency or the Health and Safety Executive;
“ the Act ” means the Merchant Shipping Act 1995;
“the area of activity” means the area where activity likely to involve a risk of exposure to asbestos is carried out;
“asbestos” means the following fibrous silicates, and any materials or products consisting of or containing these fibrous silicates —
asbestos actinolite, CAS No 77536–66–4,
asbestos gruenerite (amosite), CAS No 12172–73–5,
asbestos anthophyllite, CAS No 77536–67–5,
chrysotile, CAS No 12001–29–5,
crocidolite, CAS No 12001–28–4, and
asbestos tremolite, CAS No 77536–68–6;
“CAS No” means the number in the Registry of the Chemical Abstracts Service (CAS) ;
“contract of employment” means a contract of employment, whether express or implied, and if express, whether oral or in writing;
“demolition” means ship-breaking or ship-recycling;
“employer” means a person by whom a worker is employed on a ship under a contract of employment;
“ General Duties Regulations ” means the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 ;
“Government ship” has the meaning given in section 308(4) of the Act;
“health and safety” includes the occupational health and safety of persons whilst on board a ship and whilst boarding or leaving the ship;
“health surveillance” means the assessment of the state of health of a individual worker related to exposure to asbestos, which is intended to prevent, and to provide early diagnosis of, any disorder linked with exposure to asbestos;
“ ISO 17020 ” and “ ISO 17025 ” mean, respectively, European Standard EN ISO / IEC 17020, “General criteria for the operation of various types of bodies performing inspection” and European Standard EN ISO/IEC 17025, “General requirements for the competence of testing and calibration laboratories” issued by the Comité Européen de Normalisation Electrotechnique ( CENELEC ), or any version of those documents which the Secretary of State considers relevant from time to time and is specified in a Merchant Shipping Notice which contains a statement to that effect;
“limit value” means an airborne concentration of asbestos of 0.1 fibres per cm 3 as a four hour time-weighted average, averaged over a continuous period of 4 hours;
“maintenance” includes the refitting or repair of a ship;
“Merchant Shipping Notice” means a notice described as such and issued by the MCA;
“personal protective equipment” means all equipment (including clothing) which is intended to be worn or held by a person at work and which protects that person against one or more risks to health, and any addition or accessory designed to meet that objective;
“ship” includes hovercraft;
“site clearance certificate for reoccupation” means a certificate issued to confirm that a ship or part of a ship where work with asbestos has been carried out has been thoroughly cleaned upon completion of that work;
“surveyor of ships” has the meaning given by section 256(9) of the Act;
“United Kingdom ship” means a ship which is —
a United Kingdom ship within the meaning of section 85(2) of the Act, or
a Government ship, or
a hovercraft registered under the Hovercraft Act 1968 ; and
“United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom.
2
Subject to paragraph (1) and regulation 3, words and expressions used in these Regulations have the same meaning as in Council Directive 83/477/ EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC ) .
3
In the application of these Regulations to a hovercraft, a reference to the master of a ship includes a reference to the captain of that hovercraft.
Meaning of “worker”
3
1
In these Regulations “worker” means any person employed under a contract of employment, including a trainee or apprentice, other than a person who is training in a vessel which is being used —
a
to provide instruction in the principles of responsibility, resourcefulness, loyalty and team endeavour and to advance education in the art of seamanship, or
b
to provide instruction in navigation and seamanship for yachtsmen,
and which is operating under a relevant code.
2
In paragraph (1) “relevant code” means —
a
the Large Commercial Yacht Code as set out in Merchant Shipping Notice No. 1792(M), issued by the Maritime and Coastguard Agency, an executive agency of the Department for Transport,
b
the Code of Practice for the Safety of Small Commercial Sailing Vessels ,
c
the Code of Practice for the Safety of Small Commercial Motor Vessels , or
d
the Code of Practice for the Safety of Small Vessels in Commercial Use for Sport or Pleasure Operating from a Nominated Departure Point .
3
In paragraph (2) each reference to a Code includes a reference to any document containing an amendment or replacement of that Code which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice which contains a statement to that effect.
Application
4
1
Without prejudice to regulation 5 (general duties) of the General Duties Regulations, and subject to paragraphs (2) to (5), these Regulations apply in relation to activities in which workers on a United Kingdom ship are or may be exposed to asbestos during their work.
2
Where —
a
a ship is being used in the course of public service activities or activities for the purposes of the civil protection services, and
b
characteristics peculiar to those activities inevitably conflict with a provision of these Regulations,
that provision does not apply in relation to that ship to the extent of that conflict.
3
To the extent that a provision of these Regulations does not apply in relation to a ship because of paragraph (2) there is in relation to that ship a duty on the employer to ensure, so far as is reasonably practicable, the health and safety of workers who are or may be exposed to asbestos during their work.
4
These Regulations do not apply to activities of a worker which are covered by the Control of Asbestos Regulations 2006 or the Control of Asbestos Regulations (Northern Ireland) 2007 .
5
This regulation (other than paragraph (1)) and regulations 25 and 27 apply in relation to activities on ships other than United Kingdom ships, which are for the time being in United Kingdom waters, during which workers are or may be exposed to asbestos in the course of their work.
6
In paragraph (2) —
a
“civil protection services” includes the fire and rescue and ambulance services and search and rescue services provided by any other person, and
b
“public service activities” includes the activities of the armed forces, HM Coastguard, HM Revenue and Customs, immigration officers, police, prison officers and the security and intelligence services.
7
The General Duties Regulations continue to apply to activities to which these Regulations apply, without prejudice to any more stringent or specific provisions contained in these Regulations.
8
Regulations 6 and 17 and paragraphs (1) to (3) of regulation 18 do not apply where —
a
worker exposure to asbestos is sporadic and of low intensity,
b
it is clear from the results of the risk assessment required in accordance with Regulation 5 that the limit value will not be exceeded in the air of the area of activity, and
c
work involves —
i
short, non-continuous maintenance activities;
ii
removal of materials in which the asbestos fibres are firmly linked in a matrix;
iii
encapsulation or sealing of asbestos-containing materials which are in good condition; or
iv
air monitoring and control, and the collection of samples to ascertain whether a specific material contains asbestos.
9
For the purposes of paragraph (8)(a), exposure to asbestos will not be sporadic and of low intensity if the concentration of asbestos in the atmosphere when measured in accordance with the 1997 WHO recommended method exceeds or is liable to exceed 0.6 fibres per cm 3 in the air measured over a ten minute period or if the limit value is, or is liable to be, exceeded.
PART 2 DUTIES OF EMPLOYERS AND OTHERS
Assessment of risks
5
In the case of any activity likely to involve a risk of exposure to asbestos, the employer must —
a
in carrying out the risk assessment required by regulation 7 (risk assessment) of the General Duties Regulations —
i
determine the nature, degree and duration of the workers’ exposure in order to make it possible to assess any risk to the workers’ health or safety and to lay down the measures to be taken,
ii
in assessing the risk of such exposure, take account of all routes of exposure, and
iii
give particular attention to any effects concerning the health and safety of workers at particular risk and take account of the desirability of not employing such workers in areas where they may come into contact with asbestos, and
b
review the assessment regularly and in any event where there is reason to believe that it is incorrect or when any change occurs in the conditions which may affect workers’ exposure.
Notification of work relating to asbestos
6
1
An employer whose workers are to undertake activities in which they are or may be exposed to asbestos must notify the Secretary of State in writing of the matters listed in paragraph (3) —
a
if reasonably practicable, not less than 14 days before the work commences,
b
otherwise, as soon as is reasonably practicable and in any event before the work commences.
2
An employer whose workers are to undertake or are undertaking activities in which they are, or are likely to be, exposed to asbestos must notify the Secretary of State in writing of the matters listed in paragraph (3) immediately on becoming aware that a change in working conditions is likely to result in a significant increase in exposure to asbestos.
3
The matters which must be notified under paragraphs (1) and (2) are —
a
the location of the area of activity,
b
the type and quantities of asbestos used or handled,
c
the activities and processes involved,
d
the number of workers involved,
e
the starting date and duration of the work,
f
measures taken to limit the exposure of workers to asbestos, and
g
if the work consists of demolition or the removal of asbestos from a ship —
i
evidence of the employer’s ability in that field of work, and
ii
the plan of work drawn up in accordance with regulation 12.
4
The employer must give workers and their representatives access to any documents notified to the Secretary of State which concern their own undertaking or establishment.
Prohibition of certain activities relating to asbestos
7
The employer must ensure, so far as is reasonably practicable, that workers do not undertake, and workers must not undertake, the following —
a
the application of asbestos by means of the spraying process,
b
working procedures that involve using low-density (less than 1 gram per cm 3 ) insulating or soundproofing materials which contain asbestos, and
c
activities which expose workers to asbestos during —
i
the extraction of asbestos,
ii
the manufacture or processing of asbestos products, or
iii
the manufacture or processing of products containing intentionally added asbestos,
other than the treatment or disposal of products resulting from demolition or asbestos removal.
Prevention and reduction of exposure
8
1
The employer must reduce to a minimum the exposure of workers to asbestos, and in any case must ensure that no worker is exposed to asbestos in excess of the limit value.
2
In order to achieve the requirements of paragraph (1), the employer must in particular —
a
limit to the lowest possible figure the number of workers exposed or likely to be exposed to asbestos, consistent with safe working,
b
design work processes so as not to produce asbestos fibres or, if that proves impossible, to avoid or minimise the release of asbestos fibres into the air,
c
ensure that all —
i
areas of activity, and
ii
equipment involved
are capable of being regularly and effectively cleaned and maintained and are so cleaned and maintained,
d
store and transport all asbestos in suitable sealed packing, and
e
collect and remove waste from the area of activity as soon as possible and store it in suitable sealed secure packing with labels indicating that it contains asbestos.
Measurement of air quality
9
1
Having regard to the results of the initial assessment of risk in accordance with regulation 5, in order to ensure that the limit value is not exceeded, the employer must measure regularly the airborne concentration of asbestos fibres in the area of activity.
2
The employer must ensure that sampling carried out in accordance with paragraph (1) —
a
is representative of the exposure of the workers to asbestos,
b
is carried out after consultation with the workers or their representatives,
c
is carried out by suitably qualified personnel,
d
has a duration such that representative exposure can be established for a continuous four-hour reference period by means of measurements or time-weighted calculations, and
e
takes into consideration only fibres with —
i
a length of more than 5 micrometres;
ii
a breadth of less than 3 micrometres, and
iii
a length to breadth ratio greater than 3:1.
3
The employer must ensure that samples taken are analysed in laboratories equipped for fibre counting, which must be carried out wherever possible in accordance with the 1997 WHO recommended method.
Exposure to asbestos
10
1
Where the limit value is exceeded the employer must —
a
identify the reasons for this and take appropriate measures to remedy the situation as soon as possible, and
b
prevent work from continuing in the affected area until adequate measures have been taken for the protection of the workers concerned.
2
In order to check the effectiveness of the measures mentioned in paragraph (1)(a), the employer must immediately carry out a further determination of the airborne concentration of asbestos fibres.
3
Where exposure cannot be reduced by other means and where compliance with the limit value makes necessary the wearing of individual protective breathing equipment, the employer —
a
may not require a worker to carry out work requiring the wearing of such equipment on a permanent basis; and
b
must keep work requiring the wearing of such equipment to the strict minimum necessary for each worker.
4
Where in the case of activities such as demolition, repair, maintenance and the removal of asbestos it is foreseeable that the limit value will be exceeded, despite the use of technical preventative measures for limiting the airborne concentration of asbestos fibres, the employer must determine the measures necessary to ensure protection of workers engaged in those activities, and in particular must —
a
issue suitable respiratory and other personal protective equipment to workers and ensure that it is worn,
b
put up warning signs indicating that it is foreseeable that the limit value will be exceeded, and
c
prevent asbestos from spreading outside the area of activity.
5
During periods of work which require the use of individual protective breathing equipment, the employer must, in consultation with the workers or their representatives, make provision for breaks appropriate to the physical and climatological conditions.
Maintenance and demolition of ships
11
1
Before beginning any maintenance to or demolition of a ship, the employer must take all necessary steps to identify any asbestos present or presumed to be present, if appropriate by —
a
obtaining information from the owner of the ship or any other person or body who has such information; or
b
by taking samples of materials for analysis, provided that such sampling is carried out —
i
after consultation with the workers or their representatives; and
ii
by suitably qualified personnel.
2
If the employer is in any doubt about the presence of asbestos in the ship or in any material or product present in the ship, the employer must comply with the relevant provisions of these Regulations as though asbestos were present.
Plans of work
12
1
Before work is started on demolition of a ship or removal of asbestos from a ship, the employer must draw up a written plan of work which prescribes the measures necessary to ensure the safety and health of workers at the area of activity and that of other workers nearby, and in particular specifies that —
a
any asbestos is to be removed before demolition techniques are commenced, except where this would cause a greater risk to workers than if the asbestos had been left in place,
b
the respiratory and other personal protective equipment referred to in regulation 10(4)(a) is to be provided where necessary, and
c
when the demolition or removal has been completed, the absence of asbestos exposure risks in the area of activity is to be verified by means of the production of a site clearance certificate for reoccupation.
2
The employer, before requesting a person to assess whether the ship or the area of activity has been thoroughly cleaned upon completion of that work and is suitable for reoccupation such that a site clearance certificate for reoccupation can be issued, must first ensure that that person is accredited by an appropriate body as competent to perform work in compliance with the paragraphs of ISO 17020 and ISO 17025 which cover organisation, quality systems, control of records, personnel, accommodation and environmental conditions, test and calibration methods, method validation, equipment, handling of test and calibration items and reporting results.
3
The employer must ensure, so far as is reasonably practicable, that the work to which the plan of work relates is carried out in accordance with that plan and any subsequent written changes to it.
Training
13
1
The employer must provide appropriate training at regular intervals for all workers who are, or who are likely to be, exposed to asbestos.
2
The content of the training must be easy for workers to understand and must enable them to acquire the necessary knowledge and skills in terms of prevention and safety, particularly as regards —
a
the properties of asbestos and its effects on health, including when combined with smoking,
b
the types of products or materials likely to contain asbestos,
c
the operations which could result in asbestos exposure and the importance of preventive controls to minimise exposure,
d
safe work practices, controls and personal protective equipment,
e
the appropriate role, choice, selection, limitations and proper use of respiratory equipment,
f
emergency procedures,
g
decontamination procedures,
h
waste disposal, and
i
medical examination requirements.
Access to risk areas
14
The employer must take appropriate measures to ensure that the areas of activity —
a
are clearly demarcated and indicated by warning signs,
b
are not accessible other than to workers who by reason of their work or duties are required to enter them, and
c
constitute areas where smoking, eating and drinking is not permitted.
Hygiene and individual protection
15
1
The employer must take appropriate measures to ensure that —
a
areas are set aside where workers can eat and drink without risking contamination by asbestos,
b
separate storage places are provided for working or protective clothing and for non-work clothing,
c
workers are provided with appropriate and adequate washing and toilet facilities, including showers in the case of dusty operations,
d
personal protective equipment is placed within a well-defined place and is checked and cleaned after each use,
e
workers are provided with appropriate working or protective clothing which, subject to paragraph (2), remains within the ship,
f
equipment found to be defective is repaired or replaced before further use, and
g
any working or protective clothing to be disposed of is treated as asbestos waste.
2
The employer must ensure that the cleaning of working or protective clothing is be carried out either on the ship where that clothing was worn, if the ship is suitably equipped for such cleaning, or in a suitably equipped laundry.
3
The employer must store and transport working or protective clothing for cleaning packed in suitable sealed and labelled containers.
Information for workers
16
1
The employer must take appropriate measures to ensure that workers and their representatives receive adequate information concerning —
a
the potential risks to health from exposure to asbestos,
b
the existence of the limit value and the need for the atmosphere to be monitored,
c
hygiene requirements, including the need to refrain from smoking,
d
the precautions to be taken as regards the wearing and use of personal protective equipment, and
e
special precautions designed to minimise exposure to asbestos.
2
The employer must in addition take appropriate measures to ensure that —
a
workers and their representatives have access to the results of the measurements of the airborne concentration of asbestos fibres and can be given explanations of the significance of those results, and
b
if the results exceed the limit value, the workers concerned and their representatives are informed as quickly as possible of the fact and the reasons for it and are consulted on the measures to be taken or, in an emergency, are informed of the measures which have been taken.
Health records and medical surveillance
17
1
The employer must ensure that —
a
a health record is maintained, containing particulars of the matters set out in paragraph (2), for each worker who is exposed to asbestos, and
b
the health record, or a copy of it, is kept available in a suitable form for at least 40 years from the date of the last entry made in it.
2
The health record must, as a minimum, contain the following information about the worker —
a
the full name, sex, date of birth, permanent address and National Insurance number,
b
where relevant, the types of work carried out with asbestos, its location, start and end dates, information relating to the average duration of exposure to asbestos and the personal protective equipment used,
c
information, where available, on any previous work undertaken with asbestos, and
d
dates of medical examinations and assessments carried out pursuant to these Regulations.
3
The employer must ensure that each worker who is to undertake activities in which that worker is exposed to asbestos is under adequate health surveillance by a doctor or other medical authority.
4
The health surveillance required by paragraph (3) must —
a
include an assessment of the worker’s state of health, including a specific examination of the chest,
b
be undertaken, subject to paragraph (5), not more than 3 years prior to the beginning of the worker’s exposure or risk of exposure to asbestos at the place of work,
c
be undertaken at least once every three years for as long as the worker’s exposure or risk of exposure to asbestos continues, and
d
have regard to the practical recommendations for the clinical assessment of workers contained in the Schedule to these Regulations.
5
If the employer knows, or ought reasonably to know, that a worker has been, or has been at risk of being, exposed to asbestos before the coming into force of these Regulations —
a
if the worker informs the employer of a previous health assessment which included a specific chest examination, the employer must ensure that the outcome of that health assessment, if available, is reviewed by a doctor or other medical authority immediately after the coming into force of these Regulations, and
b
if the worker’s state of health has not previously been assessed, including a specific chest examination, or if the results of a previous health assessment referred to in sub-paragraph (a) are not available, the employer must ensure that such an assessment, including a specific chest examination, is undertaken immediately on the coming into force of these Regulations.
6
Where a worker is assessed in accordance with paragraph (4) or (5)(b), or a health assessment is reviewed in accordance with paragraph (5)(a), the doctor or other medical authority must issue a certificate to the employer and the worker stating —
a
that the worker has been so assessed or the previous health assessment has been reviewed, as the case may be, and
b
the date of the health assessment or review,
and the employer must keep that certificate or a copy of it for at least four years from the date on which it was issued.
7
The employer must ensure so far as is reasonably practicable that the doctor or other medical authority referred to in paragraph (6) who carries out a health assessment or review advises on or determines any individual protective or preventive measures to be taken including, where appropriate —
a
the withdrawal of the worker concerned from all exposure to asbestos, and
b
the continuation of health surveillance after the end of exposure.
8
The employer must ensure that a worker is given information and advice regarding any health assessment which that worker may undergo following the end of exposure.
9
If the doctor or other medical authority responsible for the health surveillance of a worker indicates that health surveillance must continue after the end of the worker’s exposure, that continuing surveillance must be carried out for as long as the doctor or other medical authority considers necessary to safeguard the health of the person concerned.
10
The employer must —
a
on reasonable notice being given, allow a worker access to that worker’s health record referred to in paragraph (1),
b
provide the Secretary of State with copies of such health records as the Secretary of State may require, and
c
on ceasing to trade, notify the Secretary of State immediately in writing and make available to the Secretary of State all health records kept in accordance with this regulation.
11
The doctor or other medical authority responsible for the health surveillance of workers under this regulation must, on reasonable request by a worker or employer for a review of the results of health surveillance, undertake that review with a view to determining whether that health surveillance is adequate for the purposes of this regulation.
12
In this regulation and regulation 18 “doctor or other medical authority” means a person who has suitable qualifications to undertake the requirements of these Regulations.
Register of workers and notification of cases
18
1
The employer must enter in a register the names of workers responsible for carrying out activities in which they are, or are at risk of being, exposed to asbestos, indicating the nature and duration of the activity and the exposure to which they have been subjected.
2
The employer must give access to the register referred to in paragraph (1) to —
a
every doctor or other medical authority responsible for health surveillance of workers entered in the register,
b
each worker as respects the results in the register which relate to that worker personally, and
c
the workers and their representatives as respects anonymous, collective information in the register.
3
The employer must keep the register referred to in paragraph (1) for at least 40 years from the date of the last entry made in it, and if the undertaking ceases trading must notify the Secretary of State immediately in writing and make the register available to the Secretary of State.
4
The employer must notify the Secretary of State immediately on becoming aware of any case of —
a
asbestosis,
b
mesothelioma,
c
bronchial carcinoma, or
d
gastro-intestinal carcinoma,
which is diagnosed in any worker whose details are listed in the register referred to in paragraph (1), and the Secretary of State must keep any information so notified in a register of recognised cases of asbestosis, mesothelioma, bronchial carcinoma, and gastro-intestinal carcinoma.
Consultation with and participation of workers
19
In consulting with workers in accordance with regulation 20 (consultation with workers) of the General Duties Regulations, an employer must consult workers or their representatives on the control of exposure to asbestos and in particular on —
a
the assessment of risk under regulation 5,
b
measures taken to prevent or reduce risks arising from exposure to asbestos in accordance with regulation 8,
c
measures determined to be necessary to ensure protection of workers in accordance with regulation 10(4),
d
the provision of training and information in accordance with regulations 13 and 16, and
e
the arrangements for health surveillance in accordance with regulation 17.
Persons upon whom duties are imposed
20
1
Where a person on whom a duty is imposed by any of the preceding provisions of these Regulations does not have control of the matter to which that provision relates because responsibility for the operation of the ship falls upon another person, that duty also extends to any other person who has control of that matter.
2
It is the duty of every worker performing activities to which these Regulations apply —
a
to make full and proper use of all personal protective equipment provided by the employer in pursuance of these Regulations, and
b
to give effect to all instructions and training provided under regulations 13 and 16.
PART 3 ENFORCEMENT
Offences and penalties
21
1
A person who fails to comply with regulation 5, 7, 8, 10, 17(1), (3), (5), (6), (7), (8) or (10) or 18(1), (2) or (3) is guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum, and
b
on conviction on indictment to imprisonment for a term not exceeding two years or a to fine, or to both.
2
A person who fails to comply with regulations 6, 9, 11 to 16 or 19 is guilty of an offence liable on summary conviction to a fine not exceeding level 4 on the standard scale.
3
A person who acts in contravention of regulation 29 is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale..
4
A worker who fails to comply with regulation 20(2) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
5
Section 146(1) of the Act (enforcement of fines) applies to any fine imposed for an offence under paragraphs (1) to (3) as if the reference to proceedings against the owner or master of a ship for an offence under Chapter 2 were a reference to proceedings against any person for an offence under those paragraphs.
Offences by bodies corporate
22
1
Where a body corporate is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of that offence and is liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with that person’s functions of management as if that member were a director of the body corporate.
3
Where an offence under these Regulations committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of that offence and is liable to be proceeded against and punished accordingly.
Onus of proving what is reasonably practicable
23
In any proceedings under these Regulations consisting of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it is for the defendant to prove that it was not reasonably practicable to do more than was in fact done to satisfy that duty or requirement.
Detention of a United Kingdom ship
24
1
Where a surveyor of ships is satisfied that there is or has been a failure by an employer or other person referred to in regulation 20(1) to comply in relation to any United Kingdom ship with the preceding requirements of these Regulations, that ship is liable to be detained until a surveyor of ships is satisfied that those requirements are complied with.
2
A surveyor of ships may permit a ship which is liable to be detained under paragraph (1) to proceed to sea for the purposes of proceeding to the nearest appropriate repair yard.
3
A ship must not be delayed or detained unreasonably under this regulation.
4
Where a ship is detained because in relation to it there has been a failure to comply with the requirements of these Regulations, and that failure has ceased, a person having power to detain the ship must, at the request of the owner or master, immediately release the ship —
a
if no proceedings for an offence arising from the failure in question are instituted within the period of seven days beginning with the day on which the ship is detained,
b
if proceedings for an offence arising from the failure in question, having been instituted within that period, are concluded without the employer or other person having control of the matter in question being convicted,
c
if either —
i
the sum of £30,000 is paid to the Secretary of State by way of security, or
ii
security which, in the opinion of the Secretary of State, is satisfactory and is for an amount not less than £30,000 is given to the Secretary of State,
by or on behalf of the employer or other person having control of the matter in question;
d
where the employer or other person having control of the matter in question is convicted of an offence arising from the failure in question, if any costs or expenses ordered to be paid by the defendant, and any fine imposed on the defendant, have been paid, or
e
the release is ordered by a court or tribunal referred to in article 292 of the United Nations Convention on the Law of the Sea 1982 , and any bond or other financial security ordered by such court or tribunal is posted.
5
The Secretary of State must repay any sum paid in pursuance of paragraph (4) (c) or release any security so given —
a
if no proceedings for an offence arising from the failure in question are instituted within the period of seven days beginning with the day on which the sum is paid; or
b
if proceedings for an offence arising from the failure in question, having been instituted within that period, are concluded without the employer or other person having control of the matter in question being convicted.
6
Where a sum has been paid, or security has been given, by any person in pursuance of paragraph (4) (c) and the employer or other person having control of the matter in question is convicted of an offence arising from the failure in question, the sum so paid or the amount made available under the security shall be applied as follows —
a
first in payment of any costs or expenses ordered by the court to be paid by the employer or other person having control of the matter in question; and
b
next in payment of any fine imposed by the court,
and any balance shall be repaid to the first-mentioned person.
7
Section 145 of the Act (interpretation of section 144) applies for the purposes of paragraphs (4) to (6) as if —
a
references to the master or owner of the ship were references to the employer or other person having control of the matter in question; and
b
references to an offence under section 131 were references to an offence arising from the failure in question.
Inspection and other measures in respect of ships registered outside the United Kingdom
25
1
When a ship which is not a United Kingdom ship is in United Kingdom waters, a relevant inspector may inspect that ship to ascertain whether the standards required in relation to United Kingdom ships by these Regulations are met in relation to that ship.
2
Where a surveyor of ships is satisfied that the standards required in relation to United Kingdom ships by these Regulations are not met in relation to a ship which is not a United Kingdom ship but is in United Kingdom waters, that surveyor of ships may —
a
send a report to the government of the State whose flag the ship is entitled to fly, and a copy of it to the Director General of the International Labour Office , and
b
where conditions on board are clearly hazardous to health or safety, take such measures as are necessary to ensure those conditions are rectified.
3
A ship to which paragraph (2)(b) applies is liable to be detained until a surveyor of ships is satisfied that those conditions are rectified.
4
A surveyor of ships may permit a ship which is liable to be detained under paragraph (3) to proceed to sea for the purposes of proceeding to the nearest appropriate repair yard.
5
If any of the measures specified in paragraph (2)(b) or (3) are taken, the surveyor of ships must immediately notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly.
6
A ship must not in the exercise of the power under this regulation be delayed or detained unreasonably.
7
In paragraph (1) “relevant inspector” means a person mentioned in paragraph (a), (b) or (c) of section 258(1) of the Act .
Application of powers of inspectors in relation to Government ships
26
Sections 258 to 266 of the Act apply to these Regulations as if they were for all purposes made under section 85 (safety and health on ships) of the Act and accordingly those sections apply in relation to Government ships.
Enforcement of detention
27
1
Section 284 of the Act (enforcing detention of ship) applies where a ship is liable to be detained under these Regulations as if —
a
references to detention of a ship under the Act were references to detention of the ship in question under these Regulations, and
b
subsection (7) were omitted.
2
Where a ship is liable to be detained under these Regulations, the person detaining the ship must serve on the master of the ship a detention notice which must —
a
state that a surveyor of ships is of the opinion that in relation to that ship there is a failure to comply with the requirements of these Regulations,
b
specify the matters which, in the opinion of the surveyor of ships, have the effect that in relation to that ship those requirements are not met; and
c
require the terms of the notice to be complied with until the ship is released by any person mentioned in section 284(1) of the Act.
Right of appeal and compensation
28
Regulations 11 and 12 (right of appeal and compensation) of the Merchant Shipping (Port State Control) Regulations 1995 (which, by virtue of regulation 19 of those Regulations, apply in relation to the exercise of powers of detention contained in safety regulations) apply in relation to a detention notice served on a Government ship under these Regulations as if these Regulations were for all purposes made under section 85 of the Act.
Prohibition on charging of workers
29
No charge in respect of anything done or provided in accordance with any requirement of these Regulations may be levied or permitted to be levied on any worker.
Signed on behalf of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
14th December 2010


text:
Title, application and commencement
1
1
These Regulations may be cited as the Common Agricultural Policy Single Payment and Support Schemes Regulations 2010.
2
They apply in England.
3
They come into force on 4th April 2010.
Regions
2
1
For the purposes of Article 46(2) of Council Regulation ( EC ) No 73/2009 (establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers ), there are three regions in England, which are —
a
moorland;
b
the severely disadvantaged area, excluding moorland;
c
all other land.
2
For these purposes —
“moorland” means all the land that is both —
in the severely disadvantaged area, and
shown coloured brown in the three volumes of maps entitled “Moorland Map of England 2009” each volume being marked with the number of the volume, dated 29th January 2010, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, Horseferry Road, London SW1P 2AL;
“the severely disadvantaged area” means all the land, excluding the Isles of Scilly, shown coloured pink in the four volumes of maps entitled “Less Favoured Area Map of England 2009”, each volume being marked with the number of the volume, dated 29th January 2010, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, Horseferry Road, London SW1P 2AL.
Minimum size of holding to establish entitlements
3
For the purposes of Article 25(4) of Commission Regulation 1120/2009 (laying down detailed rules for the implementation of the single payment scheme provided for in Title III of Council Regulation (EC) No 73/2009 ) the minimum size of a holding for which the establishment of payment entitlements may be requested is 0.3 hectares.
Minimum claim
4
For the purposes of Article 28(1) of Council Regulation (EC) No 73/2009 the minimum requirement for a claim is one hectare for farmers who do not hold special entitlements in accordance with that Article, and €200 for farmers who hold special entitlements.
Date on which eligible land must be at the farmer’s disposal
5
In relation to any year in which the farmer makes a declaration in respect of parcels pursuant to Article 35(1) of Council Regulation (EC) No 73/2009 , the date on which those parcels must be at the farmer’s disposal is the last day the single application may be submitted to the competent authority in accordance with Article 11 of Commission Regulation (EC) No 1122/2009 (laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 ).
Progressive modifications of entitlements
6
1
In accordance with Article 48(2), fourth subparagraph, of Council Regulation (EC) No 73/2009 the annual progressive modifications for the purposes of Article 63(3) of Council Regulation (EC) No 1782/2003 (establishing common rules for direct support under the common agricultural policy and establishing certain support schemes for farmers ) are as set out in the following table, where —
a
column 2 is the proportion of the farmer’s entitlement consisting of the regional unit value of the entitlement calculated in accordance with Article 59(3) first sub-paragraph of Council Regulation (EC) No 1782/2003 ; and
b
column 3 is the proportion of the farmer’s entitlement consisting of the farmer’s reference amounts where the farmer is entitled to receive entitlements calculated in accordance with Article 59(3) second sub-paragraph of Council Regulation (EC) No 1782/2003 .
2
Entitlements for the fruit and vegetable sector as referred to in Article 30 of Regulation (EC) No 1120/2009 , or wine as referred to in Article 33 of that Regulation, are valued at the regional unit value in accordance with the table without the reference amount percentage.
Progressive modifications
Year Regional unit value percentage Reference amount percentage
(a)
Sugar funding is the funding specified in Tables 1 and 2 of point K of Annex VII to Council Regulation (EC) No 1782/2003 .
2009 — sugar funding 33% 67% other 60% 40% 2010 75% 25% 2011 90% 10% 2012 100% 0%
Transfers
7
For the purposes of Article 12(3) of Commission Regulation (EC) No 1120/2009 , a transferor of a payment entitlement must notify the transfer to the competent authority that allocated that entitlement at least six weeks before —
a
the transfer is to take place; and
b
the last day for lodging an application under the single payment scheme.
Additional modulation
8
The rates in the third column of the Schedule are the voluntary modulation referred to in Article 1 of Council Regulation (EC) No 378/2007 (laying down rules for voluntary modulation of direct payments provided for in Regulation (EC) No 1782/2003 ) (the rates in the second column are the compulsory rates of modulation provided for in Article 7 of Council Regulation (EC) No 73/2009 and are provided for the sake of completeness).
Short rotation coppice
9
For the purposes of Article 2(n) of Commission Regulation (EC) No 1120/2009 —
a
the list of tree species is —
Alder ( Alnus spp. );
Birch ( Betula spp. );
Hazel ( Corylus avellana );
Ash ( Fraxinus excelsior );
Lime ( Tilia cordata );
Sweet chestnut ( Castanea sativa );
Sycamore ( Acer pseudoplatanus );
Willow ( Salix spp. );
Poplar ( Populus spp. );
Hornbeam ( Carpinus spp. ); and
b
the maximum harvest cycle is 20 years.
Revocation
10
The Common Agricultural Policy Single Payment and Support Schemes Regulations 2009 are revoked.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
2nd March 2010


text:
Title and commencement
1
These Regulations may be cited as the Seal Products Regulations 2010 and come into force on 20th August 2010.
Interpretation
2
In these Regulations —
“general customs official” means a customs official designated under section 3 of the Borders, Citizenship and Immigration Act 2009 ;
“the EU Regulation ” means Regulation (EC) No. 1007/2009 of the European Parliament and of the Council on trade in seal products of 16th September 2009 as amended from time to time;
“seal products” means all products, either processed or unprocessed, deriving or obtained from seals, including meat, oil, blubber, organs, raw fur skins and fur skins, tanned or dressed, including fur skins assembled in plates, crosses and similar forms, and articles made from fur skins.
Penalty for breach of the EU Regulation
3
1
A person who breaches Article 3 of the EU Regulation is guilty of an offence and is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; and
b
on conviction on indictment, to a fine not exceeding £75,000.
Enforcement authorities
4
1
It is the duty of a general customs official to enforce the EU Regulation at a place where goods are subject to customs supervision by that general customs official.
2
For the purpose of paragraph (1), goods are subject to customs supervision within the meaning of Council Regulation ( EEC ) No 2913/92 establishing the Community Customs Code .
Competent Authority
5
The Secretary of State is the Competent Authority for the purpose of the EU Regulation.
Jim Paice
Minister of State
Department for Environment, Food and Rural Affairs
15th August 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2010 and shall come into force on 1st April 2010.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 .
Substitution of Schedule 5 to the principal Regulations
2
For Schedule 5 to the principal Regulations (Secretary of State’s functions under section 3(1) of the National Health Service Act 2006 exercisable by Strategic Health Authorities for the purpose of securing the provision of services: specified services) substitute the following Schedule —
SCHEDULE 5
SECRETARY OF STATE’S FUNCTIONS UNDER SECTION 3(1) OF THE NATIONAL HEALTH SERVICE ACT 2006 EXERCISABLE BY STRATEGIC HEALTH AUTHORITIES FOR THE PURPOSE OF SECURING THE PROVISION OF SERVICES: SPECIFIED SERVICES
Regulation 3(2A)
1. Alström syndrome service 2. Ataxia telangiectasia service for children 3. Autoimmune paediatric gut syndromes service 4. Bardet-Biedl syndrome service 5. Barth syndrome service 6. Bladder exstrophy service 7. Choriocarcinoma service 8. Chronic pulmonary aspergillosis service 9. Complex Ehlers Danlos syndrome service 10. Complex neurofibromatosis type 1 service 11. Complex tracheal disease service 12. Congenital hyperinsulinism service 13. Craniofacial service 14. Cryopyrin associated periodic syndrome service 15. Diagnostic service for amyloidosis 16. Diagnostic service for primary ciliary dyskinesia 17. Diagnostic service for rare neuromuscular disorders service 18. Encapsulating sclerosing peritonitis surgical service 19. Epidermolysis bullosa service 20. Extra corporeal membrane oxygenation service for adults 21. Extra corporeal membrane oxygenation service for neonates, infants and children with respiratory failure 22. Gender identity development service for children and adolescents 23. Heart and lung transplantation service (including bridge to transplant using mechanical circulatory support) 24. Islet transplantation service 25. Liver transplantation service 26. Lysosomal storage disorder service 27. McArdle’s disease service 28. Mental health service for deaf children and adolescents 29. Neurofibromatosis type 2 service 30. Neuromyelitis optica service 31. Ocular oncology service 32. Ophthalmic pathology service 33. Osteo-odonto-keratoprosthesis service for corneal blindness 34. Pancreas transplantation service 35. Paroxysmal nocturnal haemoglobinuria service 36. Primary malignant bone tumours service 37. Proton beam therapy service 38. Pseudomyxoma peritonei service 39. Pulmonary hypertension service for children 40. Pulmonary thromboendarterectomy service 41. Rare mitochondrial disorders service 42. Reconstructive surgery service for adolescents for congenital malformation of the female genital tract 43. Retinoblastoma service 44. Secure forensic mental health service for young people 45. Severe combined immunodeficiency and related disorders service 46. Severe intestinal failure service 47. Severe obsessive compulsive disorder and body dysmorphic disorder service 48. Small bowel transplantation service 49. Specialist paediatric liver disease service 50. Stem cell transplantation service for juvenile idiopathic arthritis and related connective tissue disorders 51. Vein of Galen malformation service 52. Xeroderma pigmentosum service.
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State
Department of Health
22nd February 2010


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Bristol Port Health Authority Order 2010 and shall come into force on 6th April 2010.
2
This Order applies in relation to England.
3
In this Order —
“ the Act ” means the Public Health (Control of Disease) Act 1984;
“the City of Bristol” means the area of the District Council of the City of Bristol as defined by the Local Government Act 1972 as existing at the date of the coming into force of this Order;
“the Council” means the Council of the City of Bristol;
“the District of North Somerset” means the area as existing at the date of the coming into force of this Order previously known as the District of Woodspring as defined by the Local Government Act 1972 and renamed to North West Somerset by article 4 of the Avon (Structural Change) Order and further renamed to North Somerset in 1st April 1996 resolution; and
“the Port of Bristol” means the port of that name as established for the purposes of the enactments relating to customs and excise.
Port Health Authority
2
1
For the purposes of the Act, that part of the Port of Bristol together with the land and water described below to which this article applies shall be a port health district and the Council shall be the port health authority for that district.
2
This article applies to that part of the Port of Bristol within an area bounded by an imaginary line —
a
commencing at Wharf Point (latitude 51 0 29’58” North longitude 2 0 43’00” West) and from then drawn in a south-westerly direction along the line of mean high-water springs to the triangulation point near Ladye Point (latitude 51 0 27’09” North - longitude 2 0 51’04” West) in the district of North Somerset, then
b
straight in a south-westerly direction to Sand Point (latitude 51 0 23’16” North - longitude 2 0 58’48” West), then
c
straight in a south-westerly direction to the point off Brean Down at which latitude 51 0 20’00” North intersects longitude 3 0 03’13” West, then
d
straight in a direction just north of west to the south-eastern extremity of Steep Holme (latitude 51 0 20’16” North - longitude 3 0 , 06’09” West), then
e
in a westerly direction along the line of mean high-water springs to the western extremity of Steep Holme (latitude 51 0 20’22” North – longitude 3 0 06’52” West), then
f
straight in a north-easterly direction to the point at which latitude 51 0 23’29” North intersects longitude 3 0 03’34” West, then
g
in a straight line in a north-easterly direction to the point at which latitude 51 0 26’21” North intersects longitude 2 0 59’30” West, then
h
due north along the meridian of 2 0 59’30” West to the point at which it is intersected by latitude 51 0 27’10” North, then
i
straight in a north-easterly direction to the Beacon on Denny Island (latitude 51 0 31’30” North - longitude 2 0 46’46” West), then
j
straight in a north-easterly direction to the point on the coast at which the level of mean high-water springs is intersected by latitude 51 0 33’00” North, and then
k
in a south-westerly direction along the line of mean high-water springs to Wharf Point,
together with —
i
so much of the River Avon up to Hanham Mills as is not comprised within the area and all other rivers or parts of rivers, harbours, canals, pills and creeks within the City of Bristol;
ii
the banks of the River Avon from its mouth up to Hanham Mills and the banks of all pills and creeks communicating directly with the said river together with a space of 4.57 metres in width on each of the banks immediately above high water mark of ordinary spring tides;
iii
the Portishead Dock and the West Dock (commonly called the Royal Portbury Dock) and all docks and locks within or abutting;
iv
all wharves within the City of Bristol; and
v
the area within the gates of any dock and within the City of Bristol or the District of North Somerset.
Jurisdiction
3
The Council shall have jurisdiction as port health authority over all waters and land within the port health district.
Functions assigned to Port Health Authority
4
1
There are assigned to the Council as port health authority the functions, rights and liabilities of a local authority under the enactments specified in the Schedule to this Order, as far as they are applicable to a port health authority, and to any land, waters, premises, vessels or persons within its jurisdiction.
2
For the purposes of the functions, rights and liabilities assigned to the Council by virtue of this Order, the enactments mentioned in the Schedule to this Order shall have effect as if —
a
any vessel lying within the port health district were a house, building or premises; and
b
the master or other officer or person in charge of the vessel were the occupier.
3
Within that part of the port health district as described in article 2 which lies within the District of North Somerset the functions, rights and liabilities assigned shall only be exercised and subsist in relation to vessels, cargoes discharged from such vessels and the buildings to which such cargoes are directly discharged.
4
There are assigned to the port health authority constituted by this Order the functions, rights and liabilities of a food authority under the Food Safety Act 1990 so far as they are applicable to a port health authority.
5
This article shall not apply to any vessel belonging to Her Majesty or to any vessel engaged in the service of Her Majesty, whether belonging to Her Majesty or not, or to any vessel belonging to the armed forces of any country to which the provisions of the Visiting Forces Act 1952 apply by virtue of section 1 of that Act.
Revocations
5
The Bristol Port Health Authority Order 1987 is revoked.
Signed by authority of the Secretary of State for Health
Jonathan Stopes-Roe
A member of the Senior Civil Service
Department of Health
1st April 2010


text:
Citation and commencement
1
These Regulations may be cited as the Recovery of Foreign Taxes (Amendment) Regulations 2010 and shall come into force on 6th April 2010.
Amendment of the Recovery of Foreign Taxes Regulations 2007 ( S.I. 2007/3507 )
2
The Recovery of Foreign Taxes Regulations 2007 are amended as follows.
Amendment of regulation 2
3
1
Regulation 2 (interpretation) is amended as follows.
2
In the definition of “applicant authority”, for “these Regulations” substitute “arrangements having effect by virtue of section 173 of the Finance Act 2006”.
3
After the definition of “a final decision” insert —
“a foreign claim” means a debt relating to any relevant foreign tax;
.
4
In the definition of “request for recovery” for “relevant foreign tax” substitute “foreign claim”.
Amendment of regulation 3
4
1
Regulation 3 (relevant foreign tax claim) is amended as follows.
2
In paragraph (1) for “claim for a relevant foreign tax by an applicant authority” substitute “foreign claim”.
3
In paragraph (2) after “enforcement action” insert “in relation to a foreign claim”.
Substitution of regulation 4
5
For regulation 4, substitute —
Requests for recovery
4
1
A request for recovery shall be in writing.
2
A request for recovery shall give the sterling equivalent of the amount of the foreign claim, using the latest selling rate for sterling recorded on the most representative exchange market or markets of the territory in which the applicant authority is situated on the date when the request for recovery is made.
Substitution of regulation 13
6
For regulation 13, substitute —
Interest
13
1
A foreign claim carries interest in respect of the relevant foreign tax and any penalty claimed if arrangements having effect by virtue of section 173 of the Finance Act 2006 so provide.
2
Where the arrangements provide that the rate of interest is that which applies under the law of the territory in which the applicant authority is situated, the claim carries interest at that rate for the period determined in accordance with those laws.
3
Where paragraph (2) applies, the applicant authority must provide details to the Commissioners —
a
of the daily rate of interest to be applied, and
b
of the period for which interest runs.
4
Where the arrangements provide that the rate of interest is that which applies in respect of any tax or duty imposed under the domestic law of the United Kingdom, the claim carries interest at the rate applicable to income tax under section 178 of the Finance Act 1989 from the date of recognition until payment.
5
In paragraph (4), “the date of recognition” means the earlier of —
a
the day following the expiry of three months from the date of receipt by the Commissioners of the request for recovery of the foreign claim, and
b
the date the receipt of the request for recovery is acknowledged in writing by the Commissioners to the applicant authority.
6
Paragraph (4) applies even if the date of recognition is a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882 .
7
Interest is payable under this regulation without any deduction of income tax.
8
For the purposes of this regulation, where —
a
any payment is made by cheque to Her Majesty’s Revenue and Customs, and
b
the cheque is paid on its first presentation to the banker on whom it is drawn;
the payment shall be treated as made on the day on which the cheque is received by the Commissioners.
9
Interest charged under this regulation shall be recoverable as if it were interest charged under a provision of the Taxes Management Act 1970 .
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 2010


text:
Title and commencement
1
These Regulations may be cited as the Addition of Vitamins, Minerals and Other Substances (England) (Amendment) Regulations 2010 and come into force on 1st October 2010.
Amendment to the Addition of Vitamins, Minerals and Other Substances (England) Regulations 2007
2
The Addition of Vitamins, Minerals and Other Substances (England) Regulations 2007 are amended in accordance with regulation 3.
3
In regulation 2(1) (interpretation) for the definition of “the EC Regulation” substitute the following definition —
“the EC Regulation” means Regulation (EC) No. 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods, as Annex I or II to that Regulation may be amended from time to time ;
.
Signed by authority of the Secretary of State for Health
Anne Milton
Parliamentary Under-Secretary of State,
Department of Health
22nd July 2010


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Small Non-Commercial Consignments) Relief (Amendment) Order 2010 and shall come into force on 28th April 2010.
Amendment of the Value Added Tax (Small Non-Commercial Consignments) Relief Order 1986
2
In Article 3(2) of the Value Added Tax (Small Non-Commercial Consignments) Relief Order 1986 , for “£36” substitute “£40”.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
6th April 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Financial Services Act 2010 (Commencement No. 1 and Transitional Provision) Order 2010.
2
In this Order —
a
“ the Act ” means the Financial Services Act 2010; and
b
“the 2000 Act ” means the Financial Services and Markets Act 2000 .
Provisions coming into force on 12 th October 2010
2
12 th October 2010 is the day appointed for the coming into force of the following provisions of the Act —
a
section 2(2) to (4);
b
section 13;
c
section 14;
d
section 17;
e
section 24(1) and (2), in so far as relating to the provisions listed in paragraph (f); and
f
paragraphs 21, 23, 24(3) and 33(2) of Schedule 2 to the Act.
Provisions coming into force on 1st April 2011
3
1st April 2011 is the day appointed for the coming into force of those provisions of Schedule 1 to the Act (introduced by section 2(6)) relating to paragraphs 13, 15 and 16 of Schedule 1A to the 2000 Act.
Transitional provision relating to section 13 of the Act
4
The amendments made by section 13 of the Act (Publication of decision notices) shall not apply in relation to cases where a warning notice has been given by the Financial Services Authority under the 2000 Act before 12 th October 2010.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
11th October 2010


text:
Citation, commencement and extent
1
1
This Order may be cited as the Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010.
2
Articles 3 to 6 and Schedules 1 and 2 come into force on 1st April 2010.
3
The remaining provisions of this Order come into force on the day after the day on which this Order is made.
4
An amendment or repeal made by this Order has the same extent as the provision to which it relates.
Interpretation
2
In this Order, “ the Act ” means the Housing and Regeneration Act 2008.
Requirement to register
3
1
The regulator shall register an English local authority if the regulator becomes aware that the authority —
a
is a provider of social housing, or
b
intends to become a provider of social housing.
2
Once registered, the authority remains registered unless and until removed under section 118(4) of the Act (inserted by Schedule 1 to this Order).
3
In this article —
“English local authority” means —
a local housing authority in England, or
a county council in England;
“register” means enter in the register established under Chapter 3 of Part 2 of the Act.
Removal of exception for persons controlled by local authorities
4
In section 113 of the Act (local authority non-registrable bodies), subsections (4), (5) and (6) are omitted.
Amendment of Part 2
5
Part 2 of the Act is further amended as provided in Schedule 1.
Amendment of other enactments
6
The enactments mentioned in Schedule 2 are amended as provided there.
Transitional provision
7
1
In relation to English local authorities that will be registered by virtue of article 3, the powers mentioned in paragraph (2) may be exercised before the date on which that article comes into force for the purpose of giving full effect to it on or after that date.
2
The powers are —
a
the power to set standards under section 193 of the Act,
b
the power to issue a code of practice under section 195 of the Act, and
c
the power to give directions under section 197 of the Act.
3
For that purpose —
a
consultation with one or more bodies appearing to the regulator or, as the case may be, the Secretary of State to represent the interests of potential registrants is sufficient to satisfy the requirements of section 196(1)(a) or, as the case may be, 197(4)(f) of the Act, and
b
consultation in accordance with the provisions of section 196(1) or, as the case may be, 197(4) of the Act (as modified by paragraph (a)) is sufficient to satisfy the requirements of those provisions even if it is carried out before this Order is made.
4
“Potential registrants” means English local authorities that may be required to be registered when article 3 comes into force.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
17th March 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Income Tax (Indexation) Order 2010.
2
In this Order, references to sections are references to sections in the Income Tax Act 2007.
Indexation of the rate limits for the tax year 2011–12
2
For the tax year 2011–12, the amount specified in section 10(5) (basic rate limit) is replaced with “£39,200”.
3
For the tax year 2011–12, the amount specified in section 12(3) (starting rate limit for savings) is replaced with “£2,560”.
Indexation of allowances for the tax year 2011–12
4
For the tax year 2011–12 —
a
the amount specified in section 35(1) (personal allowance for those aged under 65) is replaced with “£6,785”;
b
the amount specified in section 36(1) (personal allowance for those aged 65 to 74) is replaced with “£9,940”;
c
the amount specified in section 37(1) (personal allowance for those aged 75 and over) is replaced with “£10,090”;
d
the amount specified in section 38(1) (blind person’s allowance) is replaced with “£1,980”;
e
the amount specified in section 43 (tax reductions for married couples and civil partners: the minimum amount) is replaced with “£2,800”;
f
in section 45 (marriages before 5th December 2005) —
i
the amount specified in subsection (3)(a) (married couple’s allowance: one spouse aged 75 or over and born before 6th April 1935) is replaced with “£7,295”;
ii
the amount specified in subsection (3)(b) (married couple’s allowance: one spouse aged less than 75 and born before 6th April 1935) is replaced with “£7,185”;
g
in section 46 (marriages and civil partnerships on or after 5th December 2005) —
i
the amount specified in subsection (3)(a) (married couple’s allowance: one spouse or civil partner aged 75 or over and born before 6th April 1935) is replaced with “£7,295”;
ii
the amount specified in subsection (3)(b) (married couple’s allowance: one spouse or civil partner aged less than 75 and born before 6th April 1935) is replaced with “£7,185”;
h
the amount specified in each of sections 36(2) , 37(2) , 45(4) and 46(4) (adjusted net income limit) is replaced with “£24,000”.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd December 2010


text:
1
This Order may be cited as the A23 Trunk Road (Handcross to Warninglid Widening Slip Roads) Order 2010 and shall come into force on 22nd March 2010.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway; and
2
—
a
“the trunk road” means the A23 trunk road which the Secretary of State proposes to improve;
b
“the plan” means the plan numbered HA/10/MP/102 marked “The A23 Trunk Road (Handcross to Warninglid Widening Slip Roads) Order 2010”, signed by authority of the Secretary of State for Transport and deposited at Document Deposit Service, Communities and Local Government, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
c
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order and which connect the trunk road with other highways at the places stated in that Schedule.
3
The slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the slip roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the slip roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
Peter Adams
A Divisional Director
Highways Agency
17th March 2010


text:
Citation
1
This Order may be cited as the Marine and Coastal Access Act 2009 (Commencement No. 4 and Transitional Provisions) Order 2010.
Interpretation
2
In this Order —
“ the Act ” means the Marine and Coastal Access Act 2009;
“IFC authority” has the meaning given by section 186(1) of the Act.
Appointed day – 1st October 2010
3
1
The day appointed for the coming into force of the provisions of the Act referred to in paragraph (2) is 1st October 2010.
2
The provisions are —
a
section 150 (inshore fisheries and conservation authorities);
b
section 151 (membership and proceedings of IFC authorities), so far as not already commenced by section 324 of the Act;
c
section 165 (inshore fisheries and conservation officers);
d
section 174 (duty of co-operation);
e
section 176(1) (accounts);
f
section 177 (annual plan);
g
section 179 (supplementary powers);
h
section 180 (expenses of IFC authorities), so far as not already commenced by section 324 of the Act;
i
section 181 (IFC authority as party to proceedings);
j
section 182 (exemption from liability);
k
section 186 (interpretation) so far as relating to the definitions of “authority for an IFC district”, “IFC authority”, “IFC district”; “local authority area” and “relevant council”;
l
paragraphs 9, 12 to 15 and 19 of Schedule 14 (inshore fisheries and conservation authorities: amendments) and section 184 (minor and consequential amendments relating to IFC authorities) so far as relating to those provisions.
Preparatory exercise of functions by IFC authority before transfer date
4
1
An IFC authority may exercise its functions under section 179 and 181 at any time before the transfer date only for the purpose of preparing for its exercise of functions under Chapter 1 of Part 6 of the Act on and after that date.
2
At any time before the transfer date an IFC authority may authorise employees of a relevant local fisheries committee to exercise functions of the authority for the purpose mentioned in paragraph (1).
3
In this article —
“local fisheries committee” has the meaning given by section 188(6) of the Act;
“relevant local fisheries committee” means, in relation to an IFC authority, a local fisheries committee whose district is wholly or partly comprised in the district of the authority;
“the transfer date” means the date on which section 187 of the Act comes into force in relation to England .
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
31st August 2010


text:
Citation and commencement
1
These Regulations may be cited as The Public Service Vehicles (Operators’ Licences) (Amendment) Regulations 2010 and shall come into force on 1st April 2010.
Amendments
2
1
The Public Service Vehicles (Operators’ Licences) Regulations 1995 are amended as follows.
2
In paragraph (1) of regulation 10, the words “comes into force and the date on which it”, are omitted.
3
For regulation 11 (which deals with the coming into force and expiry of discs), there is substituted —
The expiry of discs
11
1
Without prejudice to regulations 14 and 15, a disc shall expire at the end of the 5 year period specified in paragraph (2).
2
The 5 year period referred to in paragraph (1) is the latest of —
a
the period of 5 years beginning with the first day of the month in which the relevant licence comes into force and ending immediately before the fifth anniversary of that day; and
b
each subsequent consecutive period of 5 years.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
23rd February 2010