text:
PART 1 Introductory provisions
Title, commencement and extent
1
1
These Regulations may be cited as the Conservation (Natural Habitats, &c.) (Amendment) (No. 2) Regulations 2009 and come into force on 1st October 2009.
2
This Part extends to Great Britain.
3
In Part 2 —
a
regulations 4, 5 and 6 extend to Great Britain;
b
regulation 7 extends to England and Wales only; and
c
regulation 8 extends to Scotland only.
4
Parts 3 and 4 extend to England and Wales only.
Interpretation
2
In these Regulations, “the 1994 Regulations ” means the Conservation (Natural Habitats, &c.) Regulations 1994 .
Amendments to the 1994 Regulations
3
The 1994 Regulations are amended in accordance with Parts 2, 3 and 4.
PART 2 Amendments relating to the grant of development consents
Amendments to Part 1 of the 1994 Regulations
4
In regulation 3 (implementation of Directive), in paragraph (3), after “the Land Drainage Act 1991,” insert —
the Planning Act 2008 ,
.
Amendments to Part 2 of the 1994 Regulations
5
In regulation 37 (nature conservation policy in planning contexts), after paragraph (2) insert —
3
Where the Secretary of State considers it necessary, the Secretary of State shall include in a national policy statement under Part 2 of the Planning Act 2008 policy that encourages the management of such features of the landscape (as mentioned in the second paragraph of paragraph (1)) which are of major importance for wild fauna and flora.
.
Amendments to Part 4 of the 1994 Regulations
6
1
After regulation 67 insert —
Grant of development consent
67A
1
Regulation 48 (assessment of implications for European site) and, with the exception of paragraph (1A) , regulation 49 (considerations of overriding public interest) apply in relation to the making of an order granting development consent under the Planning Act 2008.
2
Where those provisions apply, the competent authority may, if they consider that any adverse effects of the plan or project on the integrity of a European site or European offshore marine site would be avoided if the order granting development consent includes requirements under section 120 of the Planning Act 2008, make an order subject to those requirements.
Development consent: review
67B
1
Regulations 50 (review of existing decisions and consents, &c) and 51 (consideration on review) apply, with the modification specified in paragraph (2), to any order granting development consent under the Planning Act 2008 unless —
a
the development to which it related has been completed before the site becomes a European site or a European offshore marine site,
b
it included a requirement as to the time within which the development to which it related was to be begun and that time has expired without the development having been begun, or
c
the development consent was granted for a limited period and that period has expired.
2
Regulation 50(2) applies as if the words “and regulation 48A” were omitted.
3
For the purpose of this regulation, in a case where the Panel or the Council made the order granting development consent, the Commission shall carry out any review.
4
The Commission shall consult the Secretary of State for the purpose of any review under regulations 50 and 51.
5
In reviewing any order granting development consent in pursuance of regulations 50 and 51, the competent authority shall —
a
consider whether any adverse effects could be overcome by imposing requirements under paragraph 5(4)(c), (d) or (e) of Schedule 6 to the Planning Act 2008, and
b
if they consider that those effects could be so overcome, impose those requirements by making such an order under paragraph 3(1) of Schedule 6 (changes to, and revocation of, orders granting development consent) to the Planning Act 2008 as may be required.
6
Any order made by the Commission under paragraph 3(1) of Schedule 6 to the Planning Act 2008 shall, if not made on the application of the Secretary of State under paragraph 3(6) of that Schedule, be treated as so made.
7
Paragraph (6) shall only have effect where the Secretary of State has agreed to the making of such an order by the Commission.
.
2
For regulation 68 substitute —
Interpretation
68
1
Regulations 54 to 67 shall be construed —
a
in England and Wales, as one with the Town and Country Planning Act 1990; and
b
in Scotland, as one with the Town and Country Planning (Scotland) Act 1997 .
2
In regulations 67A and 67B, the terms “the Commission”, “the Council”, “development”, “development consent” and “the Panel” shall have the meanings given by the Planning Act 2008.
.
Amendments to Part 4A (England and Wales) of the 1994 Regulations
7
After regulation 85E add —
National policy statements
85F
1
This Part applies —
a
in relation to a national policy statement under Part 2 (national policy statements) of the Planning Act 2008 as it applies in relation to a land use plan; and
b
in relation to the Secretary of State when exercising powers under Part 2 of the Planning Act 2008 as it applies in relation to a plan-making authority,
with the modifications specified in paragraphs (2) to (4).
2
Any reference in this Part to giving effect to a land use plan shall, in relation to a national policy statement, be taken to be a reference to the designation of a statement as a national policy statement or an amendment of a national policy statement under Part 2 of the Planning Act 2008.
3
Regulations 85B(5), 85C(4) to (10) and 85D do not apply.
4
Regulation 85E (compensatory measures) applies as if the words “(where the plan relates to England) and the Welsh Ministers (where the plan relates to Wales)” were omitted.
.
Amendments to Part 4A (Scotland) of the 1994 Regulations
8
After regulation 85E add —
National Policy Statements
85F
1
This Part applies —
a
in relation to a national policy statement under Part 2 (national policy statements) of the Planning Act 2008 as it applies in relation to a land use plan; and
b
in relation to the Secretary of State when exercising powers under Part 2 of the Planning Act 2008 as it applies in relation to a plan-making authority,
with the modifications specified in paragraphs (2) to (4).
2
Any reference in this Part to giving effect to a land use plan shall, in relation to a national policy statement, be taken to be a reference to the designation of a statement as a national policy statement or an amendment of a national policy statement under Part 2 of the Planning Act 2008.
3
Regulations 85B(5), 85C(3) to (7) and 85D do not apply.
4
Regulation 85E applies as if, for the words “Scottish Ministers”, there were substituted “Secretary of State”.
.
PART 3 Marine works
Amendments to Part 4 of the 1994 Regulations
9
After regulation 84B insert —
Marine works
84C
1
Regulations 48 (assessment of implications for European site) and 49 (considerations of overriding public interest) apply in relation to the granting of a licence, consent or other approval for marine works.
2
Where regulations 48 and 49 apply, the competent authority may, if they consider that any adverse effects of the plan or project on the integrity of a European site or European offshore marine site would be avoided if the licence, consent or other approval were subject to conditions or requirements, grant the licence, consent or other approval subject to those conditions or requirements.
3
Regulations 50 (review of existing decisions and consents, &c) and 51 (consideration on review) apply to any such licence, consent of other approval mentioned in paragraph (1).
4
Where on the review of any such licence, consent or other approval the competent authority consider that any adverse effects on the integrity of a European site or European offshore marine site of the carrying out or, as the case may be, the continuation of activities authorised by it would be avoided by a variation of the licence, consent or other approval, they may vary it accordingly.
5
This regulation shall not apply in relation to any application for a licence mentioned in paragraph (6)(a), or a consent mentioned in paragraph (6)(b), in respect of dredging where —
a
the Secretary of State has determined that the dredging would constitute a habitats project under the Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (England and Northern Ireland) Regulations 2007 ; or
b
the Welsh Ministers have determined that the dredging would constitute a habitats project under the Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Wales) Regulations 2007 .
6
In this regulation, “marine works” means any activity or proposed activity requiring —
a
a licence under Part 2 of the Food and Environment Protection Act 1985 ;
b
a consent under section 34 of the Coast Protection Act 1949 ;
c
an approval or consent for works involved in the construction of a harbour or involving the making of modifications to an existing harbour under —
i
a local Act;
ii
such an Act read together with a notice given and published under section 9 of the Harbours Transfer Act 1862 ; or
iii
an order made under section 14 or 16 of the Harbours Act 1964 .
7
For the purposes of any provision in regulations 49 to 53 which is applied by this regulation and which confers a function on the Secretary of State, any reference to the Secretary of State in that provision is to be taken to be a reference to the Welsh Ministers, if the function is exercisable in relation to —
a
any application to the Welsh Ministers for an authorisation in respect of marine works;
b
any application to any other authority for —
i
an authorisation in respect of marine works, the refusal of which gives rise to a right of appeal to the Welsh Ministers;
ii
an authorisation in respect of marine works in relation to which the Welsh Ministers exercise any power of direction or call-in;
iii
an authorisation of a kind mentioned in paragraph (6)(c)(iii) in respect of works which are to be carried out in relation to a fishery harbour in Wales; or
c
the grant of any application of a kind mentioned in sub-paragraph (a) or (b).
8
In paragraph (7), “authorisation” means any licence, consent or other approval.
.
PART 4 Special nature conservation orders
Amendments to Part 2 of the 1994 Regulations
10
1
In regulation 22 (power to make special nature conservation order) —
a
for paragraph (1) substitute —
1
The Secretary of State may, after consultation with the appropriate nature conservation body, make in respect of any land within a European site an order (a “special nature conservation order”) specifying operations (whether on land specified in that order or elsewhere and whether or not within the European site) which appear to the Secretary of State to be of a kind which, if carried out in certain circumstances or in a particular manner, would be likely to destroy or damage the flora, fauna, or geological or physiographical features by reason of which the land is a European site.
;
b
in paragraph (4), for “in relation to land” substitute “specifying operations on land”; and
c
after paragraph (6), insert —
7
If an order under paragraph (1) specifies any operation of a kind not carried out, or proposed to be carried out, on land within a European site, the order shall specify the operation by reference to the place where it is being, or is proposed to be, carried out.
.
2
In regulation 23 (restriction on carrying out operations specified in order) —
a
for paragraph (1) substitute —
1
No person to whom notice is given in accordance with this regulation shall carry out on any land within a European site in respect of which a special nature conservation order is in force, or in the place by reference to which the operation is specified, any operation specified in the order, unless the notice condition specified in paragraph (1A) and the consent condition specified in paragraph (2) are fulfilled.
1A
The notice condition is —
a
where the operation is carried out on land, that —
i
the operation is carried out, or caused or permitted to be carried out, by the owner or occupier of the land; and
ii
after notice is given, one of them has given the appropriate nature conservation body written notice of a proposal to carry out the operation, specifying its nature and where it is proposed to carry it out; and
b
in any other case, that, after notice is given, the person proposing to carry out the operation has given the appropriate nature conservation body written notice of a proposal to carry out the operation, specifying its nature and where it is proposed to carry it out.
.
b
in paragraph (2) —
i
for “Those conditions are” substitute “The consent condition is”; and
ii
after “body;” insert “or”; and
c
after paragraph (2), insert —
2A
A consent under paragraph (2)(a) may be given —
a
subject to conditions, and
b
for a limited period,
specified in the consent.
2B
In respect of any land within a European site in respect of which a special nature conservation order is made, the Secretary of State may serve a notice on any person carrying out, or proposing to carry out, any operation of a kind specified in that order which appears to the Secretary of State to be likely to destroy or damage the flora, fauna, or geological or physiographical features by reason of which the land is a European site.
2C
The notice served under paragraph (2B) shall specify —
a
details of the operation;
b
details of the European site to which the notice relates; and
c
the date on which the notice takes effect.
2D
Where the identity of a person carrying out, or proposing to carry out, the operation is not reasonably ascertainable, the Secretary of State may, instead of serving a notice under paragraph (2B), publish a notice in one local newspaper circulating in the area in which the land to which the notice relates is situated, and affix a copy or copies of the notice to some conspicuous object or objects on the land to which the notice relates.
.
3
In regulation 24(4) (supplementary provisions as to consents), for “The owner or occupier of the land in question” substitute “A person to whom notice is given”.
4
For regulation 25 (compensation for effect of order) substitute —
Compensation for effect of notice
25
1
Where the Secretary of State has given notice to any person under regulation 23, the appropriate nature conservation body shall pay compensation to any person having at the time at which notice is given an interest in land comprised in an agricultural unit comprising land to which the notice relates who, on a claim made to the appropriate nature conservation body within the time and in the manner required prescribed by regulations , shows that the value of that person’s interest is less than it would have been if notice had not been given.
2
For this purpose an “agricultural unit” means land which is occupied as a unit for agricultural purposes, including any dwelling-house or other building occupied by the same person for the purpose of farming the land.
3
No claim for compensation shall be made under this regulation in respect of an order unless the Secretary of State has given notice under paragraph 6(1) or (2) of Schedule 1 of the giving of notice under regulation 23.
.
5
After regulation 27 (continuation in force of existing orders, &c) insert —
Interpretation
27A
1
In regulations 23 to 25 and 91, references to the giving of notice by the Secretary of State to a person under regulation 23 are to the service of a notice on a person under regulation 23(2B) or the publication and affixing of a notice under regulation 23(2D), and where a notice is published and affixed under regulation 23(2D) any person carrying out an operation specified in the notice shall be taken to be a person to whom notice is given under regulation 23(1).
2
In regulations 22 to 25, 89 and Schedule 1, references to the Secretary of State shall be taken to be, in relation to Wales, references to the Welsh Ministers.
.
Amendments to Part 5 of the 1994 Regulations
11
1
In regulation 89(1)(a) (payments under certain agreements offered by authorities), for “23(1)(a)” substitute “23(1A)(a)(ii) or (b)”.
2
In regulation 90 (powers of entry) —
a
in paragraph (1)(a) omit “in relation to that land” and the final “or”;
b
in paragraph (1)(b), for the full stop substitute “; or”; and
c
after paragraph (1)(b) insert —
c
to affix a notice in accordance with regulation 23(2D) or paragraph 2(4) of Schedule 1.
.
3
In regulation 91 (compensation: amount and assessment) —
a
in paragraph (1), for “regulation 25(1) (effect of special nature conservation order: decrease in value of agricultural unit” substitute “regulation 25 (compensation for effect of notice)”;
b
in paragraph (2), for “the order not been made”, substitute “notice not been given”;
c
in paragraph (3)(a), for “the order is made”, substitute “notice is given”; and
d
in paragraph (3)(b), for “order”, substitute “restriction having effect by virtue of notice being given under regulation 23”.
4
In regulation 92 (compensation: other supplementary provisions), in paragraph (1), for “special nature conservation order”, substitute “notice”.
5
In Schedule 1 (procedure in connection with orders under regulation 22), for paragraph 2(4) substitute —
4
The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub-paragraph (3)(b)(i); but if the Secretary of State so directs in the case of an order specifying any operation carried out, or proposed to be carried out, on any land, then in addition to publication the notice shall be addressed to “The owners and any occupiers” of the land (describing it), describing details of the operation and the details of the European site to which the order relates and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.
.
Transitional provision
12
Regulations 10 and 11 do not affect the validity or operation of any special nature conservation order made prior to the coming into force of these Regulations.
Huw Irranca-Davies
Parliamentary under Secretary of State,
Department for Environment, Food and Rural Affairs
7th September 2009


type: legislation

jurisdiction: UK

text:
Title, commencement and application
1
1
The title of this Order is the Local Authorities (Charges for Property Searches) (Disapplication) (Wales) Order 2009.
2
This Order comes into force on the same day as the day on which Regulations revoking the Local Authorities (Charges for Land Searches) Regulations 1994 come into force.
3
This Order applies only to local authorities in Wales.
Interpretation
2
1
In this Order, “access to property records” (“ mynediad i gofnodion eiddo ”) means access to property records granted by a local authority in any of the following ways —
a
allowing a person to inspect or search property records at a place designated by the authority for doing so;
b
allowing the making of or providing copies of, property records; or
c
the electronic transmission of property records, or copies of such records,
and in this Order, the expression “access to property records” (“ mynediad i gofnodion eiddo ”) is to be construed accordingly.
2
In this Order, a reference to a local authority “answering enquiries about a property” (“ ateb ymholiadau ynghylch eiddo ”) means —
a
the answering by the authority of any specific oral or written enquiries from a person about a property or property records; or
b
the carrying out by the authority of any activities for the purposes of answering such enquiries.
3
In this Order —
“property” (“ eiddo ”) means a specified building or structure or specified land in relation to which property records are held by a local authority; and
“property records” (“ cofnodion eiddo ”) —
includes documents, registers, files and archives (held in any form by the local authority), which relate to a property;
includes information derived from such documents, registers, files and archives; but
excludes the local land charges register kept under section 3(2) of the Local Land Charges Act 1975 .
Disapplication of section 93(1) of the Local Government Act 2003
3
Section 93(1) of the Local Government Act 2003 does not apply in relation to the best value authorities named in article 4, when granting access to property records or answering enquiries about a property.
Authorities to which this Order applies
4
The best value authorities to which this Order applies are county councils and county borough councils in Wales .
Jocelyn Davies
Under authority of the Minister for Environment, Sustainability and Housing, one of the Welsh Ministers
19 January 2009


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 6) Regulations 2009 and shall come into force on 6th April 2010.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
2
In regulation 2(1) (interpretation) after the definition of “widowed parent’s allowance” insert —
“working age benefit” means any of the following —
bereavement allowance;
an employment and support allowance;
incapacity benefit;
income support;
a jobseeker’s allowance;
widowed mother’s allowance;
widowed parent’s allowance;
widow’s pension.
3
In regulation 16 (date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate) —
a
after paragraph (1C) insert —
1D
Except in a case where regulation 22D(1) or (2) applies, for the purpose only of determining the day from which retirement pension payable in arrears under regulation 22C is to become payable, where entitlement would otherwise begin on a day which is not the first day of the benefit week, entitlement shall begin on the first day of the benefit week next following.
;
b
after paragraph (2C) insert —
2D
Where a retirement pension is paid in arrears under regulation 22C and the award is terminated due to the death of the beneficiary, the termination shall take effect on the first day of the benefit week next following the date of death.
2E
Except in a case where regulation 22D(2) applies, where a retirement pension is paid in arrears under regulation 22C and there is a change in the rate of that benefit, the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect from the start of the benefit week in which the change occurs.
;
c
in paragraph (3)(c)(ii) for “regulation 22 or 22A” substitute “regulation 22, 22A or 22C”;
d
in paragraph (4) after “widowed parent’s allowance” insert “, retirement pension payable in arrears under regulation 22C”.
4
In regulation 22(1) (long term benefits) for “regulations 22A and 25(1)” substitute “regulations 22A, 22C and 25(1)”.
5
After regulation 22B insert —
Retirement pension
22C
1
This regulation applies in relation to payment of a retirement pension to persons who reach pensionable age on or after 6th April 2010, other than to a person to whom paragraph (7) applies.
2
Subject to paragraphs (4) to (6), a retirement pension shall be paid weekly, fortnightly or four weekly (as the Secretary of State may in any case determine) in arrears on the day of the week specified in paragraph (3).
3
The day specified for the purposes of paragraph (2) is the day in column (2) which corresponds to the series of numbers in column (1) which includes the last 2 digits of the person’s national insurance number —
(1) (2)
00 to 19 Monday 20 to 39 Tuesday 40 to 59 Wednesday 60 to 79 Thursday 80 to 99 Friday
4
The Secretary of State may, in any particular case or class of case, arrange that retirement pension be paid on any other day of the week.
5
The Secretary of State may, in any particular case or class of case, arrange that the beneficiary be paid in arrears at intervals of 13 weeks where the beneficiary agrees.
6
Where the amount of a retirement pension payable is less than £5.00 per week the Secretary of State may direct that it shall be paid in arrears at such intervals, not exceeding 12 months, as may be specified in the direction.
7
This paragraph applies to a man who —
a
was in receipt of state pension credit in respect of any day in the period beginning with the day 4 months and 4 days before the day on which he reaches pensionable age and ending on 5th April 2010; or
b
was in continuous receipt of state pension credit from 5th April 2010 until a day no earlier than the day 4 months and 4 days before the day on which he reaches pensionable age.
Payment of retirement pension at a daily rate
22D
1
Where the entitlement of a person (B) to a retirement pension begins on a day which is not the first day of the benefit week in the circumstances specified in paragraph (3), it shall be paid at a daily rate in respect of the period beginning with the day on which entitlement begins and ending on the day before the first day of the following benefit week.
2
Where in respect of a retirement pension —
a
the circumstances specified in paragraph (3) apply,
b
B’s entitlement to that benefit begins on a day which is not the first day of the benefit week, and
c
a change in the rate of that benefit takes effect under an order made under section 150A of the 1992 Act (annual up-rating of basic pension etc. ) on a day, in the same benefit week, subsequent to the day on which B’s entitlement arose,
it shall be paid at a daily rate in respect of the period beginning with the day on which entitlement begins and ending on the day before the first day of the following benefit week.
3
The circumstances referred to in paragraphs (1) and (2) are where —
a
the retirement pension is paid in arrears,
b
B has not opted to defer entitlement to a retirement pension under section 55 of the Contributions and Benefits Act , and
c
B —
i
was in receipt of a working age benefit in respect of any day in the period beginning with the day 8 weeks and a day before B reaches pensionable age and ending immediately before the day B reaches such age, or
ii
has reached pensionable age and is a dependent spouse of a person who is in receipt of an increase for an adult dependant under section 83 or 84 of the Contributions and Benefits Act .
4
Where benefit is payable at a daily rate in the circumstances mentioned in this regulation, the daily rate which shall apply in respect of a particular day in the relevant period shall be 1/7th of the weekly rate which, if entitlement had begun on the first day of the benefit week, would have had effect on that particular day.
5
In this regulation, “benefit week” means the period of 7 days which ends on the day on which, in B’s case, the benefit is payable in accordance with regulation 22C.
.
6
In regulation 26B (state pension credit) —
a
in paragraph (1) for “paragraph (2)” substitute “paragraph (2) or regulation 26BA”;
b
in paragraph (4) for “State pension credit” substitute “Subject to regulation 26BA, state pension credit”.
7
After regulation 26B insert —
Intervals for payment of state pension credit
26BA
1
Where state pension credit is payable to a person who reaches pensionable age on or after 6th April 2010, other than a person to whom regulation 22C(7) applies, it shall be paid weekly, fortnightly or four weekly (as the Secretary of State may in any case determine) in arrears on the day of the week specified in paragraph (2).
2
The day specified for the purposes of paragraph (1) is the day in column (2) which corresponds to the series of numbers in column (1) which includes the last 2 digits of the person’s national insurance number —
(1) (2)
00 to 19 Monday 20 to 39 Tuesday 40 to 59 Wednesday 60 to 79 Thursday 80 to 99 Friday
3
The Secretary of State may, in any particular case or class of case, arrange that state pension credit be paid on any other day of the week.
4
Where the amount of state pension credit payable is less than £1.00 per week the Secretary of State may direct that it shall be paid in arrears at such intervals, not exceeding 13 weeks, as may be specified in the direction.
.
8
In paragraph 5 of Schedule 6 (days for payment of long term benefits) at the beginning, for “Retirement pension” substitute “Subject to regulation 22C, retirement pension”.
Amendment of the State Pension Credit Regulations 2002
3
1
The State Pension Credit Regulations 2002 are amended as follows.
2
In regulation 1(2) (interpretation) for the definition of “benefit week” substitute —
“benefit week” means —
where state pension credit is paid in advance, the period of 7 days beginning on the day on which, in the claimant’s case, that benefit is payable;
where state pension credit is paid in arrears, the period of 7 days ending on the day on which, in the claimant’s case, that benefit is payable.
.
3
In regulation 13A (part-weeks) —
a
omit paragraph (2);
b
in paragraph (3)(a), omit the words “, taking into account the requirements of paragraph (2),”; and
c
in paragraph (3), omit the words from “any fraction” to the end.
4
In regulation 13B (date on which benefits are treated as paid) for paragraph (2) substitute —
2
All benefits except those mentioned in paragraph (1) shall be treated as paid —
a
where the benefit is paid in advance, on the first day of the benefit week in which the benefit is payable;
b
where the benefit is paid in arrears, on the last day of the benefit week in which the benefit is payable.
.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State
Department for Work and Pensions
7th December 2009


text:
Citation and Commencement
1
These Regulations may be cited as the Armed Forces (Service Supervision and Punishment Orders) Regulations 2009 and shall come into force on 31st October 2009.
Interpretation
2
In these Regulations —
“ the Act ” means the Armed Forces Act 2006;
“extra duties” means work, training or any other duty performed by an offender at times when he would not otherwise be required to perform any duty;
“the initial period” —
in relation to an SSPO in which the period specified under section 173(1) of the Act is thirty days, means the period of fourteen days beginning with the day the SSPO is made;
in relation to an SSPO in which the period specified under section 173(1) of the Act is sixty days, means the period of eighteen days beginning with the day the SSPO is made; and
in relation to an SSPO in which the period specified under section 173(1) of the Act is ninety days, means the period of twenty-one days beginning with the day the SSPO is made;
“relevant place” means —
a naval ship or establishment;
a military establishment; or
an air force station;
“the secondary period” means the remainder of the duration of an SSPO after the initial period; and
“SSPO” means a service supervision and punishment order.
Requirements contained in an SSPO
3
An SSPO shall require the offender who is subject to it not to use any entitlement to leave without the permission of his commanding officer, and may impose on the offender one or more of the following further requirements —
a
to perform extra duties as decided under regulation 4(1) —
i
during the initial period, for up to five and a half hours each day; and
ii
during the secondary period, for up to one hour each day;
b
not to leave a relevant place without the permission of his commanding officer;
c
subject to such conditions as may be specified in the SSPO, not to enter specified places in a relevant place without the permission of his commanding officer.
Management of an SSPO
4
1
Subject to paragraph (a) of regulation 3, where an SSPO imposes a requirement under that paragraph, the offender’s commanding officer shall decide, in respect of each day during which the SSPO is in force, what extra duties the offender shall perform pursuant to that requirement, for how long, and when, and he shall inform the offender accordingly.
2
The offender’s commanding officer may delegate any of his functions of granting permission under regulation 3 to an officer of or above the rank of naval lieutenant, military or marine captain or flight lieutenant.
3
The offender’s commanding officer may delegate his functions under paragraph (1) to a person of or above the rank or rate of chief petty officer, marine colour sergeant, military staff sergeant or flight sergeant.
Review of an SSPO
5
The offender’s commanding officer shall consider whether an SSPO should continue in force —
a
on or before the last day of the initial period; and
b
at intervals of not more than 14 days beginning on the day after his last consideration under paragraph (a) or under this paragraph.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
7th May 2009


text:
Citation and commencement
1
These Regulations may be cited as the School Organisation (Establishment and Discontinuance of Schools)(England)(Amendment) Regulations 2009 and come into force on 16th December 2009.
Amendment of the School Organisation (Establishment and Discontinuance of Schools)(England) Regulations 2007
2
The School Organisation (Establishment and Discontinuance of Schools)(England) Regulations 2007 are amended as follows.
3
In regulation 2 omit the definition of “ APA rating”.
4
In regulation 9 —
a
in each of paragraphs (1), (2)(a) and (b) and (5) for “APA” substitute “performance”;
b
after paragraph (6) insert —
7
In this regulation “current performance rating” means the most recent rating awarded to the authority under section 138(3) of the Act.
.
Diana Johnson
Parliamentary Under Secretary of State
Department for Children, Schools and Families
10th November 2009


text:
Citation and commencement
1
1
This Order may be cited as the Criminal Justice and Police Act 2001 (Amendment) Order 2009.
2
This Order shall come into force on the day after the day on which it is made.
Amendment of section 1(1) of the Criminal Justice and Police Act 2001
2
In the Table in section 1(1) of the Criminal Justice and Police Act 2001 , after the entry relating to section 1(1) of the Criminal Damage Act 1971 insert —
Section 5(2) of the Misuse of Drugs Act 1971 so far as relating to the following-
cannabinol,
cannabinol derivatives (within the meaning of Part 4 of Schedule 2 to that Act),
cannabis or cannabis resin (within the meaning of that Act),
any stereoisomeric form of a substance specified in any of paragraphs (a) to (c),
any ester or ether of a substance specified in paragraph (a) or (b),
any salt of a substance specified in paragraphs (a) to (e),
any preparation or other product containing a substance or product specified in any of paragraphs (a) to (f), not being a preparation falling within paragraph 6 of Part 1 of Schedule 2 to that Act.
Possession of cannabis etc
Signed by authority of the Secretary of State
Maria Eagle
Parliamentary Under Secretary of State
Ministry of Justice
27th January 2009


text:
Citation and commencement
1
These Rules may be cited as the Gangmasters (Licensing Conditions) Rules 2009; they come into force on 6th April 2009.
Interpretation
2
1
In these Rules —
“business” includes a sole trader, a company, an unincorporated association and a partnership;
“labour user” means a person to whom workers or services are supplied;
“licence holder” means the business granted a licence;
“principal authority” means the individual responsible for the day-to-day management of a business;
“working day” means a day other than a Saturday or a Sunday, Christmas Day or Good Friday, or a date which is a bank holiday under or by virtue of the Banking and Financial Dealings Act 1971 .
Application for a licence
3
1
An application for a licence must be made on the form provided by the Authority and contain such information as the Authority requires for the purposes of determining the application.
2
The form must be signed by the principal authority of the applicant.
3
For the purposes of determining the application, the Authority may require the applicant —
a
to permit an inspection of the applicant’s business by the Authority or any person acting on its behalf; and
b
to supply or make available to the Authority or any person acting on its behalf any document or information.
4
In paragraph (3)(a), “inspection” includes conducting interviews with such persons as the Authority considers appropriate.
5
A licence may be renewed before it expires.
Licence conditions
4
1
The Schedule (licence conditions) has effect.
2
A licence is granted subject to the conditions set out in Part 2 of the Schedule.
3
The Authority may grant a licence subject to such additional conditions as it thinks fit.
Expiry of licences on change of information
5
A licence expires if the licence holder’s registered number (if it is a company), Unique Tax Reference or Value Added Tax number change.
Fees
6
1
All fees are payable to the Authority.
2
An applicant for a licence must, at the time of making the application, pay the application fee specified in the table appropriate to its annual turnover.
3
If an inspection is required under rule 3(3)(a), the applicant must, on demand, pay the fee specified in the table appropriate to its annual turnover.
4
A licence holder who wishes to renew its licence must, before the licence expires, pay the fee specified in the table appropriate to its annual turnover.
5
In this rule, “annual turnover” means the turnover in the work sector regulated by the Gangmasters (Licensing) Act 2004 for the previous financial year or, if there has been no such trading in that sector, on the expected turnover in that sector for the forthcoming financial year, as placed in fee band A, B, C or D in the table.
Table
Annual turnover Fee Band Application or renewal fee Inspection fee
£10 million or more A £2,600 £2,900 From £5 million to less than £10 million B £2,000 £2,400 From £1 million to less than £5 million C £1,200 £2,150 Less than £1 million D £400 £1,850
Civil liability
7
1
Any contravention of, or failure to comply with, any provision of these Rules (including the conditions in the Schedule) by a licence holder is, so far as it causes damage, actionable.
2
Paragraph (1) is without prejudice to any right of action or defence which exists or may be available apart from the provisions of the Gangmasters (Licensing) Act 2004 and these Rules.
3
In paragraph (1), “damage” includes the death of, or injury to, any person (including any disease and any impairment of that person’s physical or mental condition).
Effect of prohibited or unenforceable terms and recoverability of money
8
1
Where any term of a contract is prohibited or made unenforceable under these Rules the contract continues to bind the parties if it is capable of continuing in existence without that term.
2
Where a labour user pays any money pursuant to a contractual term which is unenforceable by virtue of paragraph 10 of the Schedule, the labour user is entitled to recover that money.
Requirements relating to information and notices
9
1
Any notification, notice or document (including a record) required to be given, sent or made under these Rules must be in writing.
2
Any notification, notice or document required or authorised by these Rules to be given or sent to any person (“the recipient”) may be given to or sent —
a
by delivering it to the recipient;
b
by leaving it at the recipient’s last known address;
c
by sending it by post to the recipient at that address; or
d
by transmitting it by means of an electronic communication, providing that the conditions in paragraph (2) are met.
3
The conditions are that —
a
the recipient has stated a willingness to receive the document by means of an electronic communication;
b
the statement has not been withdrawn; and
c
the document was transmitted to an electronic address specified by the recipient.
4
A statement may be —
a
limited to documents of a specified description;
b
require a document to be in a specified electronic form;
c
modified or withdrawn —
i
in a case where the statement was made by being published, by publishing the modification or withdrawal in the same or in a similar manner;
ii
in any other case, by giving a notice to the person to whom the statement was made.
5
In this rule —
“electronic address” includes any number or address used for the purposes of receiving electronic communications;
“electronic communication” means an electronic communication within the meaning of the Electronic Communications Act 2000 ;
“specified” means specified in a statement made for the purposes of paragraph (2)(a).”
Revocations
10
The Gangmasters (Licensing Conditions) (No.2) Rules 2006 and the Gangmasters (Licensing Conditions) (No.2) (Amendment) Rules 2008 are revoked.
Paul Whitehouse
Gangmasters Licensing Authority
16th February 2009


text:
Citation and Commencement
1
1
These Regulations may be cited as the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) (Amendment) (No. 2) Regulations 2009 and shall come into force on 1st April 2009.
2
These Regulations have effect in relation to reference numbers notified to a person —
a
under regulations 10, 11 or 11A of the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007 , or
b
under sections 311, 312 or 312A of the Finance Act 2004 ,
on or after 1st April 2009 where that person has a duty under regulation 12 of those Regulations.
Amendments to the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007
2
1
Amend the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007 as follows.
2
In regulation 17 (the Tax Avoidance Schemes (Information) Regulations 2004) for paragraph (7) substitute —
7
For regulation 8 (prescribed information under section 313: timing and manner of delivery) substitute —
Prescribed information under regulation 12 of the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007: timing and manner of delivery
8
1
For the purposes of regulation 12 of the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007 (duty of parties to notifiable contribution arrangements to notify the Commissioners of number, etc ) the prescribed information is —
a
the reference number allocated by the Commissioners under regulation 10 to the notifiable contribution arrangements or notifiable contribution proposal;
b
the earnings period in which the person making the notification expects an advantage to be obtained; and
c
the employer’s name, address and Unique Taxpayer Reference ( UTR ).
2
The prescribed information shall be provided to the Commissioners in such form and manner as they may specify.
3
Unless paragraph (4) applies, the prescribed time at which a person who is a party to notifiable contribution arrangements must provide the Commissioners with information under regulation 12 is any time before the date on which the return under paragraph 22(1) of Schedule 4 to the Social Security (Contributions) Regulations 2001 is or would be due —
a
for the year in which the employer first enters into a transaction forming part of the notifiable arrangements; and
b
for each subsequent year until the advantage ceases to apply to any person.
4
Where the advantage which is expected to arise from the notifiable contribution arrangements relates to Class 1A contributions only, and the transactions which comprise the notifiable contribution arrangements do not give rise to an advantage in relation to tax, the prescribed time is any time before the date on which the return under regulation 80(1) of the Social Security (Contributions) Regulations 2001 is or would be due —
a
for the year in which the employer first enters into a transaction forming part of the notifiable arrangements; and
b
for each subsequent year until the advantage ceases to apply to any person.
In this paragraph the term “an advantage in relation to tax” shall be construed in accordance with section 318(1).
.
.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
11th March 2009


text:
Citation, extent and commencement
1
1
These Regulations may be cited as the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2009.
2
These Regulations extend to England and Wales.
3
These Regulations shall come into force on 10th August 2009.
Amendments to the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007
2
1
The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 are amended as follows.
2
In regulation 14(2) (purposes for which certificates and recommendation reports may be disclosed) for sub-paragraph (de) substitute —
de
where the disclosure is by or to the Energy Saving Trust Limited in relation to a dwelling, provided that —
i
it is made in the circumstances described in regulation 35B(2); and
ii
the disclosure is limited to the energy performance certificate and the accompanying recommendation report, and to information derived from either document;
.
3
For regulation 35B (disclosures to the Energy Saving Trust Limited) substitute —
35B
1
The keeper of the register may disclose to the Energy Saving Trust Limited any energy performance certificate and the accompanying recommendation report relating to a dwelling in the circumstances described in paragraph (2).
2
The circumstances are that —
a
the energy performance certificate has been produced in order to comply with regulation 5(2) or (5) as those provisions relate to sales;
b
the energy performance certificate shows an asset rating in bands F or G; and
c
the disclosure is for the purposes of enabling the Energy Saving Trust Limited to provide information to the owner or occupier of the dwelling on measures that may be taken to improve its energy performance and on any financial assistance that may be available for taking such measures.
.
4
For regulation 37 substitute —
37
1
The keeper of the register may disclose to an officer of the Secretary of State for Communities and Local Government —
a
any document or data —
i
for the purpose of enabling the Secretary of State to monitor the application and enforcement of, and compliance with, the duties imposed by these Regulations; or
ii
for statistical or research purposes,
provided that no particular property is identifiable from the document or data disclosed; and
b
any display energy certificate.
.
Signed by authority of the Secretary of State
Ian Austin
Parliamentary Under Secretary of State
Department for Communities and Local Government
15th July 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No.1 and Saving Provision) Order 2009.
2
In this Order “ the Act ” means the Apprenticeships, Skills, Children and Learning Act 2009.
Provisions coming into force on 12th January 2010
2
1
The provisions of the Act specified in column 1 of the Schedule come into force on 12th January 2010.
2
Where a particular purpose is specified in column 2 of the Schedule in relation to any such provision, the provision comes into force on that date for that purpose only.
Saving provision
3
1
Despite the coming into force of sections 55 and 56 of and paragraphs 7 to 9 of Schedule 2 to the Act, in accordance with article 2, the amendments to the Education Act 1996 made by those sections and paragraphs do not have effect in respect of any academic year before the 2010-2011 academic year .
2
In this article “academic year” has the meaning given by section 509AC of the Education Act 1996.
Iain Wright
Parliamentary Under Secretary of State
Department for Children, Schools and Families
14th December 2009


text:
Citation and commencement
1
This Order may be cited as the Road Safety (Financial Penalty Deposit) Order 2009 and shall come into force on 31st March 2009.
Interpretation
2
In this Order —
“ the Act ” means the Road Traffic Offenders Act 1988;
“credit card” means a card or similar thing issued by any person, use of which enables the holder to defer the payment by the holder of the charge for the appropriate amount; and
“debit card” means a card or similar thing issued by any person, use of which by the holder causes the charge for the appropriate amount to be paid by the electronic transfer of funds from any current account of the holder at a bank or other institution providing banking services.
The specified person
3
The specified person for the purposes of section 90A(2)(b) of the Act is the person in charge of the motor vehicle at the time at which the constable or vehicle examiner has reason to believe that a person is committing, or has on that occasion committed an offence specified in this Order relating to that vehicle.
The specified offences
4
The specified offences for the purposes of section 90A(2)(b) of the Act are set out in column one of the tables in the Schedule (the general nature of the offence is also indicated in column two).
The specified circumstances
5
1
The specified circumstances for the purposes of section 90A(2)(b) of the Act are that the offence is being committed, or has on that occasion been committed, on a road or other public place.
2
In this article, “road” has the meaning given in section 192(1) of the Road Traffic Act 1988 .
Manner of payment
6
Payment of the appropriate amount shall be made —
a
in person to the vehicle examiner or the constable, by cash or credit or debit card, if the vehicle examiner or constable has the necessary means to accept payment in that manner;
b
by telephone by credit or debit card, to the number given on the document referred to in section 90A(3) of the Act, if a number is so given; or
c
by any other means specified on the document referred to in section 90A(3) of the Act.
Appropriate steps to make an appropriate refund
7
1
The appropriate steps to trace the person and to make an appropriate refund, for the purposes of section 90C(11) of the Act are set out in paragraphs (2) and (3).
2
The Secretary of State shall —
a
attempt to contact the person (on whom the financial penalty requirement was imposed) at any address given in any response or in any document provided to a vehicle examiner or constable;
but if the attempt to contact that person is unsuccessful, and if a person other than that person made the payment,
b
attempt to contact that other person, at any address or contact details given when the person made the payment.
3
The means by which an appropriate refund can be made by the Secretary of State are —
a
by cheque;
b
by refund to any credit or debit card used to make the financial penalty payment; or
c
by any other means agreed with the person to whom the appropriate refund is to be made.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
5th March 2009


text:
1
This Order may be cited as the European Union Military Staff (Immunities and Privileges) Order 2009. It shall come into force on the date on which the Agreement enters into force in respect of the United Kingdom. This date shall be notified in the London, Edinburgh and Belfast Gazettes.
2
In this Order:
“the 1961 Convention Articles ” means the articles (being certain articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 ;
“the Agreement” means the Agreement between the Member States of the European Union concerning the status of military and civilian staff seconded to the institutions of the European Union, of the headquarters and forces which may be made available to the European Union in the context of the preparation and execution of the tasks referred to in Article 17(2) of the Treaty on European Union , including exercises, and of the military and civilian staff of the Member States put at the disposal of the European Union to act in this context;
“the EUMS ” means the Military Staff of the European Union, established under the Council Decision of 22 January 2001 on the establishment of the Military Staff of the European Union, which forms part of the General Secretariat of the Council of the European Union;
“experts” means persons who are military or civilian staff seconded to the European Union institutions in accordance with Article 1 of the Agreement;
“ the Organisation ” means the European Union established under Article 1 of the Treaty on European Union 1992;
“the Treaty on European Union” means the Treaty on European Union signed at Maastricht on 7 February 1992 (as amended by the Treaty of Lisbon).
3
The Organisation is an organisation of which the United Kingdom and other sovereign Powers are members.
4
Except in so far as in any particular case any privilege or immunity is waived under Article 8(3) of the Agreement, experts shall enjoy immunity from suit and legal process, in respect of things done or omitted to be done in the course of the performance of official duties, even after their secondment to the European Union institutions has ceased.
5
The Organisation shall have the like inviolability of official archives as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives of a diplomatic mission, where the official archives are kept in premises used by the EUMS or are in the possession of a properly authorised member of the EUMS.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Reserve Forces (Evidence in Proceedings before Civil Courts) Regulations 2009 and come into force on 31st October 2009.
Interpretation
2
In these Regulations “ the Act ” means the Reserve Forces Act 1996.
Application
3
These Regulations apply with respect to evidence in proceedings before a civil court in the United Kingdom for an offence under the Act.
Evidence as to service etc
4
A document stating that a person —
a
was or was not serving at any specified time or during any specified period in any part of Her Majesty’s forces,
b
was discharged from any of Her Majesty’s forces at or before any specified time,
c
held or did not hold at any specified time any specified rank, rate or appointment in any of Her Majesty’s forces,
d
had at or before any specified time been attached, posted or transferred to any part of Her Majesty’s forces,
e
at any specified time or during any specified period was or was not serving or held or did not hold any rank, rate or appointment in any particular country or place, or
f
was or was not at any specified time authorised to use or wear any decoration, badge or emblem,
shall, if it purports to be issued by or on behalf of the Defence Council or by a person authorised by them, be evidence of the matters stated in the document.
Service record
5
A record purporting to be —
a
made in any service record in pursuance of any Act or of Queen’s Regulations, or otherwise in pursuance of naval, military, or air force duty, and
b
signed by the commanding officer of the person to whom the record relates or by a person whose duty it was to make or keep the record,
shall be evidence of the matters stated in the record.
6
A document purporting to be a copy of such a record (including the signature) as is mentioned in regulation 5 and purporting to be certified to be a true copy by a person stated in the certificate to have custody of the record shall be evidence of the matters stated in the document.
Defence Council instructions or regulations
7
A document purporting to be issued by order of the Defence Council and to contain instructions or regulations given or made by the Defence Council shall be evidence of the giving of the instructions or the making of the regulations and of their contents.
Defence Council certificate
8
A certificate purporting to be issued by or on behalf of the Defence Council or by a person authorised by them and stating —
a
that a decoration of a description specified in, or as annexed to, the certificate is or is not a naval, military or air force decoration, or
b
that a badge or emblem of a description specified in, or as annexed to, the certificate is or is not one supplied or authorised by the Defence Council,
shall be evidence of the matters stated in the certificate.
Standing or routine orders
9
A certificate purporting to be signed by a person’s commanding officer or an officer authorised by the commanding officer to give the certificate, and stating the contents of, or of any part of, standing orders, or other routine orders of a continuing nature, of any of Her Majesty’s forces, made for any —
a
part of Her Majesty’s forces,
b
area or place, or
c
ship, train or aircraft,
shall in proceedings against the person concerned be evidence of the matters stated in the certificate.
Proceedings for offences under section 95 of the Act
10
Where a member of a reserve force is required by or in pursuance of orders or regulations made under section 4 of the Act to attend any place, a certificate —
a
purporting to be signed by an officer or person who is mentioned in it as being appointed to be present at that place for the purpose of inspecting members of the force in question or for any other purpose connected with that force, and
b
stating that the member of the reserve force failed to attend in accordance with that requirement,
shall without proof of the signature or appointment of the officer or person be evidence of the failure in any proceedings relating to such a failure under section 95 of the Act .
Signed by authority of the Secretary of State for Defence.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
24th April 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Incapacity Benefit Work-focused Interviews) (Amendment) Regulations 2009 and come into force on 26th October 2009.
2
In these Regulations —
“the 2000 Regulations ” means the Social Security (Work-focused Interviews) Regulations 2000 ;
“the 2001 Regulations ” means the Social Security (Jobcentre Plus Interviews) Regulations 2001 ;
“the 2002 Regulations ” means the Social Security (Jobcentre Plus Interviews) Regulations 2002 ; and
“the principal Regulations ” means the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008 .
Amendments to the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008
2
1
The principal Regulations are amended as follows.
2
In regulation 2(1) (interpretation) in the definition of “specified benefit” in sub-paragraph (b)(ii) for “capable” substitute “incapable”.
3
For regulation 3(3) (relevant claimant) substitute —
3
The second condition is that at least one of the following sub-paragraphs applies to the person —
a
immediately before 15th December 2008 the person was a “relevant person” within the meaning of —
i
the 2000 Regulations or the 2001 Regulations, as saved by regulation 16(2) of the 2002 Regulations, or
ii
the 2003 Regulations;
b
the person —
i
is under 25 years of age,
ii
is ordinarily resident in a Jobcentre Plus Pathways area identified in the Schedule, and
iii
has been in receipt of a specified benefit for a continuous period of at least 12 months;
c
at any time before 26th October 2009, the person has been required to take part in an interview under the 2002 Regulations by virtue of having made a claim for, or being entitled to, a specified benefit;
d
the person makes a claim for a specified benefit in respect of a period beginning after 26th October 2008 and that claim is of a description referred to in regulation 2(2) of the Employment and Support Allowance (Transitional Provisions) Regulations 2008 .
.
4
In regulation 8(3) (failure to take part in a work-focused interview) for “good cause has not been shown for that failure within five working days of that day on which the interview was to take place” substitute “the claimant has not shown good cause in accordance with regulation 8(1)”.
5
In regulation 9(12)(a) (consequences of failure to take part in a work-focused interview) for “below 10” substitute “to below ten”.
6
In regulation 12 (revocations, consequential amendments, savings and transitional provisions) —
a
after paragraph (4) insert —
4A
This paragraph applies to a relevant claimant who —
a
at any time before 26th October 2009 has been required to take part in an interview under the 2002 Regulations by virtue of having made a claim for, or being entitled to, a specified benefit, and
b
immediately before 26th October 2009 was subject to the consequences specified in regulation 12 (failure to take part in an interview) of the 2002 Regulations.
4B
Where paragraph (4A) applies to a relevant claimant —
a
the person continues to be subject to the consequences specified in regulation 12 of the 2002 Regulations, and
b
any other provision of the 2002 Regulations continues to have effect insofar as is necessary to give full effect to sub-paragraph (a).
.
b
in paragraph (5) —
i
after “paragraph (4)(a)” insert “or (4A)(a)”;
ii
for “that date” substitute “the date on which the reduction ceases to have effect”;
iii
after “the 2003 Regulations” insert “or (as the case may be) regulation 12(2) of the 2002 Regulations”.
7
At the end add the following Schedule —
SCHEDULE
Regulation 3(3)(b)
For the purposes of regulation 3(3)(b)(ii) a Jobcentre Plus Pathway area is —
a
any of the following Jobcentre Plus districts —
Ayrshire, Dumfries, Galloway and Inverclyde
Cumbria and Lancashire
Derbyshire
Dorset and Somerset
Essex
Glasgow
Greater Manchester Central
Highland, Islands, Clyde Coast and Grampian
Lanarkshire and East Dunbartonshire
Merseyside
Northumbria
South Tyne and Wear Valley
South Wales Valleys
South West Wales
South Yorkshire
Staffordshire
Tees Valley;
b
an area served by the Jobcentre Plus offices at Runcorn or Widnes.
.
The Social Security (Jobcentre Plus Interviews) Regulations 2002: amendment, saving and transitional provision
3
1
The 2002 Regulations are amended as follows.
2
In regulation 16(2) (revocations and transitional provision), for “, is both a relevant person and entitled to a specified benefit for the purposes of those Regulations” substitute —
—
a
is a relevant person for the purposes of those Regulations,
b
is entitled to income support, and
c
does not fall within paragraph 7, 24 or 25 of Schedule 1B to the Income Support (General) Regulations 1987 (prescribed categories of person)
.
3
Regulation 12 (failure to take part in an interview) of the 2000 Regulations and regulation 11 (failure to take part in an interview) of the 2001 Regulations (as saved by regulation 16(2) of the 2002 Regulations) continue to have effect as if the amendment set out in paragraph (2) above had not been made in respect of a person who immediately before 26th October 2009 is —
a
entitled to a specified benefit as defined in the principal Regulations, and
b
subject to the consequences specified in regulation 12 of the 2000 Regulations or regulation 11 of the 2001 Regulations.
4
Any other provisions of the 2000 Regulations and the 2001 Regulations (as saved by regulation 16(2) of the 2002 Regulations, but disregarding the amendment in paragraph (2) above) continue to have effect insofar as it is necessary to give full effect to paragraph (3) above.
5
For the purposes of regulation 9(8), (9) and (11) (consequences of failure to take part in a work-focused interview) of the principal Regulations, a person referred to in paragraph (3)(a) above is deemed to be subject to the consequences under regulation 9(1) of the principal Regulations; and as from the date on which these Regulations come into force, regulation 12 of the 2000 Regulations and regulation 11 of the 2001 Regulations cease to apply to that person.
Signed by authority of the Secretary of State for Work and Pensions
Jonathan Shaw
Parliamentary Under-Secretary of State,
Department for Work and Pensions
19th June 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Wolverhampton Hospitals National Health Service Trust (Establishment) Amendment Order 2009 and shall come into force on 10th December 2009.
2
In this Order —
“the Establishment Order ” means the Royal Wolverhampton Hospitals National Health Service Trust (Establishment) Order 1993 ;
“the trust” means the National Health Service trust established by the Establishment Order.
Amendment of article 1 of the Establishment Order
2
In article 1 of the Establishment Order (citation, commencement and interpretation), in paragraph (2) —
a
for the definition of “ the Act ” substitute —
“the Act” means the National Health Service Act 2006;
;
b
after the definition of “the Act”, insert —
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or paragraph 2 or 7A of Schedule 1 to, the Act and any service which he has a duty to provide under paragraph 1 or 8 of that Schedule;
; and
c
in the definition of “operational date”, for “paragraph 3(1)(e) of Schedule 2 to the Act” substitute “paragraph 5(5) of Schedule 4 to the Act”.
Amendment of article 3 of the Establishment Order
3
In article 3 of the Establishment Order (nature and functions of the trust) —
a
in paragraph (1), for “5(1)(a) of the Act”, substitute “25(1) of the Act”; and
b
for paragraph (2), substitute —
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service.
.
Amendment of article 4 of the Establishment Order
4
In article 4 of the Establishment Order (directors of the trust) for “5 non-executive directors” substitute “6 non-executive directors”.
Amendment of article 7 of the Establishment Order
5
In article 7 of the Establishment Order (assistance by health authorities before operational date) in paragraph 7(4), for “3(1)(f) of Schedule 2 to the Act”, substitute “5(1)(f) of Schedule 4 to the Act”.
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minster of State,
Department of Health
24th November 2009


text:
1
This Order may be cited as the Consular Fees Order 2009 and shall come into force on 9 April 2009.
2
In this Order —
“British overseas territory” means a territory as defined in section 50(1) of the British Nationality Act 1981 and includes the territories listed in Schedule 6 to that Act;
“Commonwealth country” means a country listed in Schedule 3 to the British Nationality Act 1981;
“Crown Dependencies” means the Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man;
“consular officer” means any person authorised by the Secretary of State to exercise consular functions, or functions in the United Kingdom which correspond with consular functions (including persons who are not, as well as persons who are, consular officers);
“consular employee” means any person in the administrative or technical service of the consular post or diplomatic mission;
“consular premises” means the building or parts of buildings used for the purposes of the consular post or diplomatic mission;
“credit card charges” means the costs incurred in receiving payment by credit card;
“direct costs” means expenses that are incidental to the performance of a service, such as the cost of posting documents to a customer’s home address, but do not include credit card charges;
“entry clearance” means a visa, entry certificate, entry permit or other document which, in accordance with the applicable immigration laws or rules, is to be taken as evidence of a person’s eligibility for entry into the United Kingdom, a Crown Dependency, a British overseas territory, a Commonwealth country or any other country or territory, as the case may be (but does not include a work permit);
“fast-track service” means an application made in person, either by the applicant or another person acting on behalf of the applicant, which is to be processed within seven days of that application having been made;
“fast-track collect service” means an application made in person, either by the applicant or by another person acting on behalf of the applicant, which is to be processed within seven days of that application having been made, and which permits the applicant or another person acting on behalf of the applicant to collect the passport in person;
“legitimation” means a letter confirming the legitimacy of a child under Section 1 of the Legitimacy Act 1976 ;
“premium service” in relation to passport applications means an application made in person, either by the applicant or another person acting on behalf of the applicant, which is to be processed within twenty-four hours of that application having been made;
“premium service” in relation to legalisation means the same day service for the processing by a London legalisation office dedicated for companies, solicitors and notaries of applications made in person;
“standard service” in relation to legalisation means the 24 hour service for the processing by the main legalisation office, whether situated in London or Milton Keynes, or by consular officers at consular posts, of applications made in person and the processing of postal applications within a reasonable time period.
3
The fees set forth in the table in Schedule 1 to this Order are prescribed to be levied by consular officers and by marriage officers under the Foreign Marriage Act 1892 and the Marriage with Foreigners Act 1906 in the execution of their duties.
4
The statutory instrument listed in Schedule 2 to this Order is revoked by this Order.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 2009 and shall come into force on 17th July 2009.
Interpretation
2
In these Regulations —
“ Act ” means the Wireless Telegraphy Act 2006;
“ dBm ” means decibels of power referenced to one milliWatt;
“ e.i.r.p. ” means equivalent isotropic radiated power;
“ ETSI ” means the European Telecommunications Standards Institute;
“equipment” means a wireless telegraphy station or wireless telegraphy apparatus;
“ GHz ” means gigahertz;
“ kHz ” means kilohertz;
“ MHz ” means megahertz;
“ mW ” means milliWatt;
“radio determination equipment” means equipment designed or adapted for use for determining the position, velocity or other characteristics of an object;
“tank level probing radar equipment” means equipment designed or adapted for measuring the level of the contents of a tank; and
“wide band data transmission systems equipment” means equipment for wireless networking between two or more devices.
Exemption for wide band data transmission systems equipment
3
1
The establishment, installation or use of wide band data transmission systems equipment complying with paragraph (2) of this regulation is hereby exempt from the provisions of section 8(1) of the Act.
2
The wide band data transmission systems equipment must —
a
only operate in the frequency band 57.0 to 66.0 GHz;
b
not cause or contribute to undue interference with wireless telegraphy;
c
not form part of a fixed outdoors installation; and
d
only emit emissions which, when measured in any direction —
i
for equipment located outdoors, have a maximum e.i.r.p. of 25 dBm and a maximum e.i.r.p. density of -2 dBm per MHz; and
ii
for equipment located indoors, have a maximum e.i.r.p of 40 dBm and a maximum e.i.r.p. density of 13 dBm per MHz.
Exemption for radio determination equipment
4
1
The establishment, installation or use of radio determination equipment complying with paragraph (2) of this regulation is hereby exempt from the provisions of section 8(1) of the Act.
2
The radio determination equipment must —
a
only operate in the frequency band 2400 to 2483.5 MHz or the frequency band 17.1 to 17.3 GHz;
b
not cause or contribute to undue interference with wireless telegraphy;
c
when operating in the frequency band 2400 to 2483.5 MHz, only emit emissions which, when measured in any direction, have a maximum e.i.r.p. of 25 mW; and
d
when operating in the frequency band 17.1 to 17.3 GHz —
i
only emit emissions which, when measured in any direction, have a maximum e.i.r.p. density of 26 dBm;
ii
form part of a ground-based radio determination system; and
iii
use techniques to access spectrum and mitigate interference described in ETSI standard EN 300 440 or techniques that provide at least equivalent performance.
Exemption for tank level probing radar equipment
5
1
The establishment, installation or use within a closed tank of a description referred to in paragraph (2) of this regulation, of tank level probing radar equipment complying with paragraph (3) of this regulation is hereby exempt from the provisions of section 8(1) of the Act.
2
Paragraph (1) applies to a tank if its purpose is to contain a substance and it is made of metal or reinforced concrete or any other material with attenuation characteristics that are at least as strong as those of either metal or reinforced concrete.
3
The equipment must —
a
only operate in one or more of the frequency bands specified in Column 1 of the Table in the Schedule;
b
not cause or contribute to undue interference with wireless telegraphy;
c
only emit emissions which, when measured in any direction, for each frequency band listed in Column 1 of the Table in the Schedule, have the maximum e.i.r.p. density listed in Column 2 adjacent to that frequency band; and
d
only emit emissions which would (if the equipment were used within a closed tank, which has the specifications set out in Annex E of ETSI standard EN 302 372-1 ), when measured in any direction, have a maximum e.i.r.p. density of -41.3 dBm per MHz.
Exemption for airborne use
6
1
The establishment and installation and the airborne use of equipment complying with paragraphs (2) to (5) of this regulation is hereby exempt from the provisions of section 8(1) of the Act.
2
The equipment must only operate in one or more of the frequency bands —
a
26990 to 27000 kHz;
b
27040 to 27050 kHz;
c
27090 to 27100 kHz;
d
27140 to 27150 kHz;
e
27190 to 27200 kHz;
f
2400 to 2483.5 MHz; or
g
2446 to 2454 MHz.
3
Where the equipment operates in a frequency band listed in paragraphs (2)(a) to (e), it must —
a
be for controlling the movement of a model;
b
only emit emissions which, when measured in any direction, have a maximum effective radiated power level of 100 mW; and
c
not cause or contribute to undue interference with wireless telegraphy.
4
Where the equipment operates in the frequency band listed in paragraph (2)(f), it must —
a
be wide band data transmission systems equipment;
b
only emit emissions which, when measured in any direction, have a maximum e.i.r.p. density of 100 mW;
c
only emit emissions which, when measured in any direction, have a maximum e.i.r.p. density of —
i
100 mW per 100 kHz when frequency hopping modulation is used; and
ii
10 mW per MHz when other types of modulation are used;
d
use techniques to mitigate interference that provide at least equivalent performance to the techniques described in ETSI standard EN 300 328 ; and
e
not cause or contribute to undue interference with wireless telegraphy.
5
Where the equipment operates in the frequency band listed in paragraph (2)(g), it must —
a
be designed or adapted for radio frequency identification use;
b
only emit emissions which, when measured in any direction, have a maximum e.i.r.p. density of 100 mW; and
c
not cause or contribute to undue interference with wireless telegraphy.
Ed Richards
Chief Executive of the Office of Communications
For and by authority of the Office of Communications
7th July 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security Benefit (Computation of Earnings) (Amendment) Regulations 2009.
2
This regulation and regulation 2(1) and (3) shall come into force on 26th October 2009.
3
Paragraph (2) of regulation 2, in so far as it relates to a particular beneficiary, shall come into force on the first day of the first benefit week to commence for that beneficiary on or after 26th October 2009.
Amendment of the Social Security Benefit (Computation of Earnings) Regulations 1996
2
1
The Social Security Benefit (Computation of Earnings) Regulations 1996 are amended as follows.
2
In regulation 9 (earnings of employed earners) —
a
for paragraph (3) substitute —
“Earnings” shall not include any payment in respect of expenses —
a
wholly, exclusively and necessarily incurred in the performance of the duties of the employment; or
b
arising out of the claimant’s participation in a service user group.
;
b
in paragraph (4) at the appropriate places insert the following definitions —
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
;
“public authority” includes any person certain of whose functions are functions of a public nature;
and
“service user group” means a group of individuals that is consulted by or on behalf of —
a Health Board, Special Health Board or the Agency in consequence of a function under section 2B of the National Health Service (Scotland) Act 1978 ,
a landlord authority in consequence of a function under section 105 of the Housing Act 1985 ,
a public authority in consequence of a function under section 49A of the Disability Discrimination Act 1995 ,
a best value authority in consequence of a function under section 3 of the Local Government Act 1999 ,
a local authority landlord or registered social landlord in consequence of a function under section 53 of the Housing (Scotland) Act 2001 ,
a relevant English body or a relevant Welsh body in consequence of a function under section 242 of the National Health Service Act 2006 ,
a Local Health Board in consequence of a function under section 183 of the National Health Service (Wales) Act 2006 ,
the Commission or the Office of the Health Professions Adjudicator in consequence of a function under sections 4, 5, or 108 of the Health and Social Care Act 2008 ,
the regulator or a registered provider in consequence of a function under sections 98, 193 or 196 of the Housing and Regeneration Act 2008 , or
a public or local authority in Great Britain in consequence of a function conferred under any other enactment,
for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons..
.
3
In regulation 11 (calculation of earnings of self-employed earners) —
a
in paragraph (2) for the words “royalties or sums paid periodically for or in respect of any copyright” substitute “any items to which paragraph (2A) applies”;
b
after paragraph (2) insert —
2A
This paragraph applies to —
a
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or
b
any payment in respect of any —
i
book registered under the Public Lending Right Scheme 1982, or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982,
where the claimant is the first owner of the copyright, design, patent or trade mark, or an original contributor to the book or work concerned.
.
Steve McCabe
Bob Blizzard
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd October 2009
The Secretary of State for Work and Pensions concurs
Helen Goodman
Parliamentary Under Secretary of State,
Department for Work and Pensions
2nd October 2009


text:
Citation and Commencement
1
This Order may be cited as the Value Added Tax (Place of Supply of Goods) Order 2009 and comes into force on 6th April 2009.
Amendment of the Value Added Tax (Place of Supply of Goods) Order 2004
2
The Value Added Tax (Place of Supply of Goods) Order 2004 is amended as follows.
3
In article 6, for “ship or aircraft” substitute “ship, aircraft or train”.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
10th February 2009