text:
PART 1 GENERAL
Citation, commencement and savings provisions
1
1
This Order may be cited as the Scottish Parliament (Elections etc.) (Amendment) Order 2009 and shall come into force on the day five months after the day on which it is made.
2
This Order does not have effect for the purpose of any election where the last day for publication of the notice of election in respect of that election precedes the coming into force of this Order.
Amendment of the Scottish Parliament (Elections etc.) Order 2007
2
The Scottish Parliament (Elections etc.) Order 2007 is amended in accordance with the provisions of this Order, and a reference to a numbered article or to a Schedule means the article or Schedule so numbered in that Order.
PART 2 AMENDMENT OF ARTICLES OF THE SCOTTISH PARLIAMENT (ELECTIONS ETC. ) ORDER 2007
3
In article 46(3)(e) (statement of donations contained in return as to election expenses), for “2000 Political Parties Act” substitute “1983 Act”.
4
In article 50 (penalty for failure as respects return of declarations), omit “, nominating officer”.
5
1
Article 52 (authorised excuses for failure as to return and declarations) is amended as follows.
2
In paragraph (1), omit “, a party’s nominating officer”.
3
Omit paragraph (3)(c).
4
Omit paragraph (4)(e).
5
In paragraph (6)(a), omit “(or, in the case of a candidate on a party’s regional list, the party’s nominating officer)”.
6
In paragraph (6), omit “or, as the case may be, nominating officer”.
6
In article 53(1) (court’s power to require information from election agent or sub agent), omit “or nominating officer”.
7
1
Article 55 (publication of time and place of inspection of returns and declarations) is amended as follows.
2
In paragraph (1)(b)(ii), omit “and the nominating officers”.
3
In paragraph (2) omit “and each nominating officer for a registered party submitting a regional list”.
4
Omit paragraph (2)(b) and the word “or” immediately preceding it.
PART 3 AMENDMENT OF THE SCOTTISH PARLIAMENTARY ELECTION RULES
Provisions as to time
8
1
Schedule 2 (Scottish parliamentary election rules) is amended as follows.
2
In rule 1(1) (timetable), in the first entry in the second column of the table, for “twenty-eighth” substitute “thirty-fifth” and for “twenty-first” substitute “twenty-eighth”.
3
In rule 1(1), in the second entry in the second column, for “sixteenth” substitute “twenty-third”.
Stages common to contested and uncontested elections
9
1
Schedule 2 is further amended as follows.
2
In rule 5(5)(a) (use of name of registered party as description on constituency nomination paper), add at the end “which may be preceded (disregarding, for this purpose, the word “the” where it is the first word of the registered name) by the word “Scottish” if that word is not used in the name so registered”.
3
Omit rule 5(5)(b) (use of registered description on constituency nomination paper).
4
After rule 5(5), insert —
5A
If any constituency nomination paper includes the name of a registered party that has been preceded by the word “Scottish” by virtue of paragraph 5(5)(a), then these Rules shall apply as if the name of the registered party of the relevant candidate included that word.
.
5
In rule 7(2) (inclusion of name of registered party or registered description on regional list), for “or” where that word first appears substitute “and, if desired,”.
6
In rule 7(2), for “name or description” substitute “name and, where applicable, description”.
7
After rule 7(2) insert —
2A
The name of the registered party authorised by the nominating officer in accordance with paragraph (2) may be preceded (disregarding, for this purpose, the word “the” where it is the first word of the name) by the word “Scottish” if that word is not used in the name of the party registered under section 28 of the 2000 Political Parties Act.
2B
If the name of any registered party authorised by the nominating officer has been preceded by the word “Scottish” in accordance with paragraph (2A), then these Rules shall apply as if the name of the registered party included that word.
.
8
In rule 20(2) (order of names, etc. of parties and party candidates on statement of persons and parties nominated for return as regional members), for “or” substitute “and”.
9
In rule 20(5) (order of names, etc. of individual candidates on statement of persons and parties nominated for return as regional members), for “names or descriptions” substitute “names and descriptions”.
Contested elections
10
1
Schedule 2 is further amended as follows.
2
In rule 28(3)(a) (regional ballot paper to contain names or descriptions of parties), for “or, as the case may be,” substitute “and, where applicable,” and omit “(being, in each case, the name or description by which that party wishes to be known for the purposes of the election)”.
3
In rule 28(4) (order in which names or descriptions of parties and individual candidates are to appear on the regional ballot paper), omit “or, as the case may be, descriptions”.
4
In rule 28(5) (placement of a registered party’s registered emblem), omit both occurrences of “or description”.
5
Omit rules 28(7) (printing of regional and constituency ballot papers on same sheet) and 28(8) (layout where regional and constituency ballot papers printed on same sheet).
6
In rule 30(1) (the official mark), omit from “, but at a Scottish parliamentary general election” to the end.
7
In rule 38(1) (equipment of polling stations: ballot boxes), omit “if the constituency ballot paper and the regional ballot paper are not printed on the same sheet,”.
8
In rule 38(13) (equipment of polling stations: notice describing method of voting), for “paragraphs (14) and (15)” substitute “paragraph (14)”.
9
Omit rule 38(15) (equipment of polling stations: notice describing method of voting for combined constituency and regional ballot papers).
10
In rule 46(1) (voting procedure: application for ballot papers), omit “if the constituency ballot paper and regional ballot paper are not printed on the same sheet,”.
11
In rule 46(7) (voting procedure: marking of copy of register of electors), omit “if the constituency ballot paper and regional ballot paper are not printed on the same sheet,”.
12
In rule 47(5) (marking of list of votes marked by the presiding officer), omit “if the constituency ballot paper and regional ballot paper are not printed on the same sheet,”.
13
In rule 48(9) (marking of list of voters with disabilities assisted by companions), omit “if the constituency ballot paper and regional ballot paper are not printed on the same sheet,”.
14
In rule 53(3) (the ballot paper account), for “if at a Scottish parliamentary general election the constituency ballot paper and regional ballot paper are not printed on the same sheet,” substitute “,except in the case of a poll to fill a vacancy in the seat of a constituency member,”.
15
For rule 55(1)(a) (the count: opening ballot boxes and recording number of ballot papers), substitute the following —
a
in the presence of the counting agents appointed for the purposes of the election open each ballot box and count and record separately the number of constituency ballot papers and the number of regional ballot papers there are in each box;
.
16
For rule 55(1)(c) (the count: recording returned postal ballot papers), substitute the following —
c
count such of the postal ballot papers as have been duly returned and record separately the number of constituency postal ballot papers counted and the number of regional postal ballot papers counted.
.
17
For rule 55(4) (the count: mixing of ballot papers), substitute the following —
4
The constituency returning officer shall not count the votes given on any ballot papers until —
a
in the case of constituency postal ballot papers, they have been mixed with constituency ballot papers from at least one ballot box;
b
in the case of constituency ballot papers from a ballot box, they have been mixed with constituency ballot papers from at least one other ballot box;
c
in the case of regional postal ballot papers; they have been mixed with regional ballot papers from at least one ballot box; and
d
in the case of regional ballot papers from a ballot box, they have been mixed with regional ballot papers from at least one other ballot box.
.
18
Omit rule 58(2) (rejection of combined constituency and regional ballot papers).
19
Omit rule 58(3) (checking of official mark or unique identifying mark).
20
In rule 58(6) (recording of rejected ballot papers and objections), omit “or an electronic copy thereof”.
Disposal of Documents
11
1
Schedule 2 is further amended as follows.
2
In rule 68(1) (sealing up of ballot papers), omit sub-paragraph (a), and in paragraph (b) omit “where the votes have been counted by manual means,”.
3
Omit rule 68(3) (removal of original electronic data and records from an electronic counting system).
4
In rule 69(1) (delivery of documents to the sheriff clerk), in sub-paragraph (g), at the end add “and”.
5
In rule 69(1)(h), omit “; and” at the end.
6
Omit rule 69(1)(i).
7
In rule 70(1) (orders by Court of Session or sheriff for production of documents and records), in sub-paragraph (a) at the end, insert “or”.
8
In rule 70(1)(b), omit “or” at the end.
9
Omit rule 70(1)(c).
10
In rule 70(2) (orders by election court for production of documents and records), omit sub-paragraph (b).
11
In rule 70(6) (evidence that the produced documents relate to specified election), for “document, record or electronic copy of information” substitute “document or record” and in sub-paragraph (a) for each occurrence of “document, record or electronic copy” substitute “document or record”.
12
In rule 70(7A) (requirement by Electoral Commission for production of documents and records), omit “and of any sealed packet containing an electronic copy of information made pursuant to rule 68(1)(a)”.
13
In rule 70(7B) (care, resealing and destruction of copies of documents and records produced to Electoral Commission), omit “or records” and both occurrences of “and records”.
14
In rule 70(8) (prohibition of inspecting rejected or counted ballot papers, etc.), omit from “, or to examine” to the end.
15
In rule 71(1) (retention of documents), omit “and records”.
16
Omit rule 71(3) (electronic copy of information stored on electronic counting system not to be open to public inspection).
PART 4 AMENDMENT OF PROVISIONS ON COMBINATION OF POLLS
12
1
Paragraph 18 of Schedule 5 (modification of rule 55 (the count)) is amended as follows.
2
In paragraph (1)(b) of the substituted rule, omit “if the votes at a Scottish parliamentary election and the local government election are not both being counted by electronic means,”.
3
In paragraph (1)(c) of the substituted rule, omit “if the votes at a Scottish parliamentary election and the local government election are not both being counted by electronic means,”.
4
for paragraph (1)(d) of the substituted rule, substitute the following —
d
in the presence of the election agents appointed for the purpose of the Scottish parliamentary election, record separately the number of constituency ballot papers there are in each box and the number of regional ballot papers there are in each box;
.
5
for paragraph (1)(f) of the substituted rule, substitute the following —
f
count such of the constituency postal ballot papers and regional postal ballot papers as have been duly returned and record separately the number of constituency postal ballot papers counted and the number of regional postal ballot papers counted;
.
6
for paragraph (1A)(a) of the substituted rule, substitute the following —
a
on receipt of containers from the returning officer who does discharge those functions, and after the time specified in the notice given under rule 54(1A) above (as substituted by paragraph 17(1) of Schedule 5), in the presence of the counting agents open each container and record separately the number of constituency ballot papers there are in each container and the number of regional ballot papers there are in each container;
.
7
for paragraph (1A)(c) of the substituted rule, substitute the following —
c
count such of the postal ballot papers as have been duly returned and record separately the number of constituency ballot papers counted and the number of regional ballot papers counted.
.
13
1
Paragraph 36 of Schedule 5 (modification of rule 42 of the local election rules (the count)) is amended as follows.
2
In paragraph (1)(b) of the substituted paragraphs, omit “if the votes at the local government election and the Scottish parliamentary election are not both being counted by electronic means,”.
3
In paragraph (1)(c) of the substituted paragraphs, omit “if the votes at the local government election and the Scottish parliamentary election are not both being counted by electronic means,”.
PART 5 AMENDMENT OF FORMS
14
1
The Appendix of Forms is amended as follows.
2
In Form C (return as to election expenses), after “Registered party” insert “(as specified on the ballot paper)”.
3
In Form E (declaration to be made by a candidate on a registered political party’s list in respect of election expenses), for “Name of registered political party” substitute “Name of (a) registered political party and (b) registered political party as specified on the ballot paper”.
4
In Form H (election of regional list member):
a
In the first paragraph omit “or description”; and
b
For the words “ Insert either the name ” to “ used in the ballot paper ” substitute —
Insert the name of the registered party in terms of section 28 of the Political Parties, Elections and Referendums Act 2000 that shall be used in the ballot paper preceded, if desired, by the word “Scottish” (except if “the” is the first word of the registered name, in which case “Scottish” may instead follow “the” if desired), and, if desired, one description of the party registered under section 28A of that Act, being the name and description that shall be used on the ballot paper
.
5
In Form I (certification in relation to constituency or regional nomination paper):
a
omit “either”;
b
after “Referendums Act 2000”, insert “, preceded, if desired, by the word “Scottish” (except if “the” is the first word of the registered name, in which case “Scottish” may instead follow “the” if desired),”; and
c
for “or” where it occurs for the second time, substitute “and, if desired,”.
6
In Form K (form of the regional ballot paper), in the part entitled “Directions as to the printing of the regional ballot paper”:
a
for paragraph 2(h) substitute the following —
h
no word shall be printed on the face except:
i
the name (or one of the names) of each political party registered in terms of section 28 of the Political Parties, Elections and Referendums Act 2000 submitting a list;
ii
for each party, if being used, one description registered under section 28A of that Act;
iii
the names and, if being used, descriptions of the individual candidates;
iv
words forming part of emblems;
v
the words “Scottish Parliament Region” and the name of the region; and
vi
the words “vote once only (X)”.
b
in paragraph 2(i), for “or” substitute “and”;
c
in paragraph 2(j), for “names or descriptions and particulars” substitute “names and particulars or, in the case of parties, names and descriptions”;
d
in paragraph 4, omit “or description”;
e
in paragraph 4(k), omit “or description” on both occasions where it occurs; and
f
at the end add:
7
The names of the political parties included on the ballot paper as permitted by paragraph 2(h)(i) must include the word “Scottish” where that has been added under rule 7(2A).
.
7
In Form L (postal voting statement), in the part entitled “Instructions to Voters”, for paragraph 1 substitute “You have two ballot papers: a constituency ballot paper coloured [insert colour] and a regional ballot paper coloured [insert colour].”.
8
In Form L, in the part entitled “Instructions to Voters, in paragraph 2, omit “( Or, in the case of a constituency ballot paper and a regional ballot paper which are printed on the same sheet of paper, replace with “Vote only once on each part of the sheet. ”)”.
9
In Form M (official poll card: elector voting in person), in the part entitled “Scottish Parliament Elections”, omit from “( Or, in the case of a constituency ballot paper ” to “ once on each part ”)”.
10
In Form O (guidance for voters), omit part O2.
11
In Form O, in part O3, omit from “(* Where the Scottish Parliamentary constituency ballot paper ” to the end of that part.
12
In Form P (Scottish Parliament election: information for voters), omit part P2.
13
In Form S (certification by the constituency returning officer in respect of the election of a member for a Scottish Parliament constituency):
a
for “description if applicable, or name of registered political party” substitute “name of registered political party*”; and
b
at the end add “* Use the name of the party as registered. Do not include the word “Scottish” where that has been added under rule 7(2A).”.
14
In Form T (certification by the regional returning officer in respect of the poll for members for a Scottish Parliament electoral region):
a
for each occurrence of “description, if applicable, or name of registered political party” substitute “name of registered political party*”; and
b
at the end add “* Use the name of the party as registered. Do not include the word “Scottish” where that has been added under rule 7(2A).”.
15
In Form U (postal voting statement for a postal vote at a Scottish Parliament election which is taken with a local government election and the proceedings on the issue and receipt of postal ballot papers in respect of each election are taken together), in the part entitled “Instructions to Voters”, in paragraph 1 omit from “( Or, in the case of a constituency ballot paper ” to the end of that paragraph.
16
In Form U, in the part entitled “Instructions to Voters”, in paragraph 2, omit from “( Or, in the case of a constituency ballot paper ” to the end of that paragraph.
17
In Form U, in the part entitled “Instructions to Voters”, in paragraph 6, omit “( or both, as appropriate )”.
18
In Form V (postal voting statement for a postal vote at a Scottish Parliament election which is taken with a local government election but the proceedings on the issue and receipt of postal ballot papers in respect of each election are not taken together), in the part entitled “Instructions to Voters”, in paragraph 2, omit from “(Or, in the case of a constituency ballot paper ” to the end of that paragraph.
19
In Form V, in the part entitled “Instructions to Voters”, in paragraph 3, omit “( Or, in the case of a constituency ballot paper and a regional ballot paper which are printed on the same sheet of paper, replace with “Vote only once on each part of the sheet.”)” and “(or “on the sheet, as the case may be )”.
20
In Form X (notice providing further information for voters at polling stations at a Scottish Parliament election which is taken with a local government election), omit part X2.
Signed by authority of the Secretary of State
ANN McKECHIN
Parliamentary Under Secretary of State
Scotland Office
Dover House,
London
20th July 2009


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2009 and come into force on 26th August 2009.
Amendment of Regulations
2
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 are amended in accordance with regulations 3 to 9.
General interpretation
3
1
Regulation 2 is amended as follows.
2
In paragraph (1) —
a
omit the definition of “Directive 70/156/ EEC ”;
b
for the definition of “Directive 88/77/EEC ” substitute —
“Directive 2005/55/ EC ” means Directive 2005/55/EC of the European Parliament and of the Council of 28th September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles ;
“Directive 2006/40/EC ” means Directive 2006/40/EC of the European Parliament and of the Council of 17th May 2006 relating to emissions from air-conditioning systems in motor vehicles and amending Council Directive 70/156/EEC ;
“Directive 2007/46/EC ” means Directive 2007/46/EC of the European Parliament and of the Council of 5th September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ;
;
c
after the definition of “the Plating and Testing Regulations” insert —
“air-conditioning system” has the same meaning as in Article 3(3) of Directive 2006/40/EC ;
;
d
after the definition of “dual-purpose vehicle” insert —
“ELR test” has the same meaning as in Section 2.1 of Annex I to Directive 2005/55/EC ;
;
e
after the definition of “emissions or noise item” insert —
“ESC test” and “ ETC test” have the same meaning as in Section 2.1 of Annex I to Directive 2005/55/EC ;
“fluorinated greenhouse gases” has the same meaning as in Article 3(5) of Directive 2006/40/EC ;
;
f
in the definition of “Framework Directive vehicle” for “Directive 70/156/EEC ” substitute “Directive 2007/46/EC ”; and
g
after the definition of “Framework Directive vehicle” insert —
“global warming potential” has the same meaning as in Article 3(8) of Directive 2006/40/EC ;
.
3
For paragraph (2A), substitute —
2A
Subject to paragraph (2B), any reference in these Regulations to a Community instrument is a reference to that instrument as amended up to and including the date that the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2009 are made.
2B
Paragraph (2A) does not apply to the reference in item 5 in Schedule 1 in relation to Council Directive 72/245/EEC .
4
In paragraph (6) —
a
in sub-paragraph (a), for “Directive 70/156/EEC ” substitute “Directive 2007/46/EC ”; and
b
in sub-paragraph (b), for “the said Annex II ” substitute “Directive 2007/46/EC as read with one or more of the separate Community instruments referred to in Part I of Annex IV to that Directive”.
Interpretation of instruments referred to in Schedule 1
4
In regulation 2A, in paragraph (a), for “Council Directive 70/156/EEC of 6th February 1970” substitute “Annex II to Directive 2007/46/EC ”.
Application of type approval requirements
5
1
Regulation 4 is amended as follows.
2
In paragraph (1)(b), for paragraph (i) substitute —
i
on and after 26th August 2009 or any later date specified in column (5) of Part I of Schedule 1;
.
3
Omit paragraphs (10) and (11).
Amendment of Part I of Schedule 1 (type approval requirements)
6
1
Part I of Schedule 1 is amended as follows.
2
Omit items 2, 2A and 2B.
3
In item 2C —
a
in column (3), for “Directive 70/156/EEC ” substitute “Directive 2007/46/EC ”;
b
in column (4), for “item 2I, 2J, 2K, 2L or 2M” substitute “item 2J or 2K”; and
c
in column (5), omit “1.1.2007”.
4
After item 2C insert —
2CA Emissions Directive 2006/40/EC . The maximum rate of leakage referred to in Article 5(3) measured in accordance with the harmonised leakage detection test referred to in Article 7(1) .
Vehicles other than of category N1 class I.
Vehicles of category N1 class I not fitted with an air-conditioning system designed to contain fluorinated greenhouse gases with a global warming potential higher than 150.
31.12.2016 2CB Emissions Directive 2006/40/EC . The requirement with respect to design, construction or equipment in Article 5(5). Vehicles other than of category N1 class I. 1.1.2017
5
Omit items 2D, 2E, 2F and 2G.
6
In item 2H —
a
in column (4), paragraph 2, for “item 2I, 2J, 2K, 2L or 2M” substitute “item 2J or 2K”; and
b
in column (5), omit “1.1.2007”.
7
Omit item 2I.
8
For items 2J and 2K, substitute —
2J Diesel emissions Directive 2005/55/EC ,
or
the ECE Regulation set out in the second column of the table in Part II of Annex IV to Directive 2007/46/EC (together with the series of amendments, supplement or corrigendum thereto, if any) in relation to the subject in the first column of that table which corresponds with the subject matter of this item.
Articles 3 and 4 and Annexes I to VIII.
For vehicles propelled by compression-ignition engines the limit values are those specified in row B1 of the Tables (Table 1 where the ESC test and the ELR test are used and Table 2 where the ETC test is used) in section 6.2.1 of Annex I and for vehicles propelled by gas engines, the limit values are those specified in row B1 of Table 2 in section 6.2.1 of Annex I.
Vehicles which comply with the requirements in item 2C.
Vehicles propelled by gas in relation to the requirements of Annex I sections 6.5.3, 6.5.4 and 6.5.5.
30.9.2009 2K Diesel emissions Directive 2005/55/EC ,
or
the ECE Regulation set out in the second column of the table in part II of Annex IV to Directive 2007/46/EC (together with the series of amendments, supplement or corrigendum thereto, if any) in relation to the subject in the first column of that table which corresponds with the subject matter of this item.
Articles 3 and 4 and Annexes I to VIII.
For vehicles propelled by compression-ignition engines the limit values are those specified in row B2 of the Tables (Table 1 where the ESC test and the ELR test are used and Table 2 where the ETC test is used) in section 6.2.1 of
Annex I and for vehicles propelled by gas engines, the limit values are those specified in row B2 of Table 2 in section 6.2.1 of Annex I.
Vehicles which comply with the requirements in item 2C.
Vehicles propelled by gas in relation to the requirements of Annex I sections 6.5.3, 6.5.4 and 6.5.5.
1.10.2009
9
For item 3, substitute —
3 Diesel smoke Council Directive 72/306/EEC of 2nd August 1972 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in vehicles ,
Commission Directive 2005/78/EC of 14th November 2005 implementing Directive 2005/55/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Annexes I, II, III , IV and VI thereto ,
or
the ECE Regulation set out in the second column of the table in Part II of Annex IV to Directive 2007/46/EC (together with the series of amendments, supplement or corrigendum thereto, if any) in relation to the subject in the first column of that table which corresponds with the subject matter of this item.
The requirements in the Annexes with respect to the design, construction, equipment or marking of vehicles.
The requirements in Annex VI with respect to the design, construction, equipment or marking of vehicles.
Vehicles not propelled by compression-ignition engines.
10
In items 4 and 4A, in column (3), for “Directive 70/156/EEC ” substitute “Directive 2007/46/EC ”.
11
In item 5, in column (3) —
a
after “of vehicles” insert “as amended by Directive 89/491/EEC ”; and
b
for “Directive 70/156/EEC ” substitute “Directive 2007/46/EC ”.
12
In item 6, in column (3), for “Directive 70/156/EEC ” substitute “Directive 2007/46/EC ”.
13
Omit item 9.
14
In item 9A, in column (4), for paragraphs 2 and 3 substitute —
Vehicles of category N2 and N3 having, in either case, a maximum design speed of 25 kilometres per hour or less.
Vehicles of category N2 or N3 to which a speed limitation device is not fitted.
15
In item 12 —
a
in column (3), for “making” substitute “marking”; and
b
in column (5), omit “4.2.2004”.
16
After item 12 add —
13 Consumption and emissions Council Directive 80/1268 of 16th December 1980 on the approximation of the laws of the Member States relating to the carbon dioxide emissions and the fuel consumption of motor vehicles ,
or
the ECE Regulation set out in the
second column of the table in Part II of Annex IV to Directive 2007/46/EC (together with the series of amendments, supplement or corrigendum thereto, if any) in relation to the subject in the first column of that table which corresponds with the subject matter of this item.
Points 4 to 7 of Annex I. Vehicles of category N2 or N3. 14 Fuel tanks Council Directive 70/221/EEC of 20th March 1970 on the approximation of the laws of the Member States relating to liquid fuel tanks and rear underrun protection for motor vehicles and their trailers ,
or
the ECE Regulation set out in the second column of the table in Part II of Annex IV to Directive 2007/46/EC (together with the series of amendments, supplement or corrigendum thereto, if any) in relation to the subject in the first column of that table which corresponds with the subject matter of this item.
Design, construction and equipment requirements in sections 5.9 and 5.9.1 in Annex I. Vehicles which meet the requirements of section 5.9 in Annex I and those of section 5.1.3 of Annex I to Directive 70/220/EEC .
Amendment of Part II of Schedule 1 (requirements referred to in Part I)
7
In Part II of Schedule 1, omit paragraphs 2 and 3.
Amendment of Part I of Schedule 2 (form of information document for a goods vehicle)
8
1
Part I of Schedule 2 is amended as follows.
2
In the form of information document —
a
in entry 6.1, delete “Engine Power/”;
b
in entry 6.2, for “(Petrol/Diesel)” substitute “(including from air-conditioning systems), on-board diagnostic systems, diesel emissions”;
c
in entry 6.3, for “Sound level and exhaust” substitute “Diesel smoke, smoke emissions, sound level”;
d
in entry 6.4, for “Brakes” substitute “Braking”; and
e
after entry 6.5 insert —
6.6 Front underrun protection Country symbol and approval number (and extension number) Item number in Schedule 1 No. SYSTEM STANDARD 1 2 3 4 6.7 Tyres, in respect of their road noise emissions Country symbol and approval number (and extension number) Item number in Schedule 1 No. SYSTEM STANDARD 1 2 3 4 6.8
Consumption and emissions
Country symbol and approval number (and extension number) Item number in Schedule 1 No. ENGINE STANDARD (4.2) 1 2 3 4 6.9
Fuel tanks
Country symbol and approval number (and extension number) Item number in Schedule 1 No. SYSTEM STANDARD 1 2 3 4
Amendment of Part II of Schedule 2 (form of information document for a vehicle part to accompany application for type approval certificate or Minister’s approval certificate)
9
In Part II of Schedule 2, in paragraph i (under the heading “Detailed specification”) for “Council Directive 70/156/EEC ” to the end substitute “Directive 2007/46/EC of the European Parliament and of the Council of 5th September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.
Saving
10
1
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 shall continue to apply in relation to a relevant vehicle or a relevant part as if these Regulations had not been made.
2
For the purposes of this regulation —
a
“relevant vehicle” means a vehicle —
i
in relation to which a certificate was issued under section 47 of the Road Traffic Act 1972 or under section 55 or 58 of the Road Traffic Act 1988 before the date on which these Regulations come into force; and
ii
which is first licensed under the Vehicle Excise and Registration Act 1994 on or after that date; and
b
“relevant part” means a vehicle part —
i
in relation to which a certificate was issued under section 47 of the Road Traffic Act 1972 or under section 55 or 58 of the Road Traffic Act 1988 before the date on which these Regulations come into force; and
ii
which is supplied on or after that date.
Signed by authority of the Secretary of State
SadiqKhan
Minister of State,
Department for Transport
27th July 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Guardian’s Allowance Up-rating Regulations 2009 and shall come into force on 6th April 2009.
2
In these Regulations —
“the Great Britain Up-rating Order ” means the Guardian’s Allowance Up-rating Order 2009 ;
“the Northern Ireland Up-rating Order ” means the Guardian’s Allowance Up-rating (Northern Ireland) Order 2009 ; and
“the Up-rating Orders ” means the Great Britain Up-rating Order and the Northern Ireland Up-rating Order.
Exceptions relating to payment of allowance by virtue of the Up-rating Orders
2
Neither section 155(3) of the Social Security Administration Act 1992 nor section 135(3) of the Social Security Administration (Northern Ireland) Act 1992 shall apply if a question arises as to either —
a
the weekly rate at which guardian’s allowance is payable by virtue of either of the Up-rating Orders, or
b
whether the conditions for receipt of that allowance at the altered rate are satisfied,
until that question has been determined in accordance with the provisions of section 8 of the Social Security Act 1998 or Article 9 of the Social Security (Northern Ireland) Order 1998 (as the case may be).
Persons not ordinarily resident in either Great Britain or Northern Ireland
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 and regulation 5 of the Social Security Benefit (Persons Abroad) (Northern Ireland) Regulations 1978 (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of either of the Up-rating Orders.
Dave Hartnett
27th March 2009
Steve Lamey
30th March 2009
Two of the Commissioners for Her Majesty’s Revenue and Customs


text:
Citation and commencement and interpretation
1
1
This Order may be cited as the Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites) Order 2009 and shall come into force on 1st February 2010.
2
In this Order any reference to a point is a reference to a point given by co-ordinates based on the World Geodetic System 1984.
Designated vessels
2
Each of the vessels specified in Schedule 1 to this Order is designated as a vessel to which the Act applies.
Designated controlled sites
3
Each of the areas specified in Schedule 2 to this Order is designated as a controlled site.
Revocation
4
The Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites Order 2008 is revoked.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
15th December 2009


text:
Citation
1
This Order may be cited as the Pensions Act 2007 (Commencement No.3) Order 2009.
Appointed day
2
The day appointed for the coming into force of section 14 of the Pensions Act 2007 (conversion of guaranteed minimum pensions) is —
a
for the purpose of conferring power to make regulations, 1st March 2009, and
b
for all other purposes, 6th April 2009.
Signed by authority of the Secretary of State for Work and Pensions.
William D.McKenzie.
Parliamentary Under-Secretary of State,
Department for Work and Pensions
26th February 2009


text:
Citation and commencement
1
1
This Order may be cited as the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009.
2
This Order comes into force on 1st April 2009.
The existing tribunals
2
In this Order “existing tribunals” means —
a
the Commissioners for the general purposes of the income tax established under section 2 of the Taxes Management Act 1970 ;
b
the Commissioners for the special purposes of the Income Tax Acts established under section 4 of the Taxes Management Act 1970;
c
the VAT and duties tribunals established under Schedule 12 to the Value Added Tax Act 1994 ;
d
the tribunal established under section 706 of the Income and Corporation Taxes Act 1988 ; and
e
the tribunal established under section 704 of the Income Tax Act 2007 .
Transfer of functions, consequential and other amendments
3
1
Schedule 1 contains amendments to primary legislation which —
a
transfer functions of existing tribunals, and
b
make consequential and other provision (including provision about reviews of decisions by Her Majesty’s Revenue and Customs).
2
Schedule 2 contains amendments to secondary legislation which —
a
transfer functions of existing tribunals, and
b
make consequential and other provision (including provision about reviews of decisions by Her Majesty’s Revenue and Customs).
Abolition of existing tribunals
4
The existing tribunals (apart from the Commissioners for the general purposes of the income tax) are abolished.
Transfer of members of existing tribunals
5
A person who, immediately before this Order comes into force, holds an office listed in column 1 of any of the following tables is to hold the office or offices listed in the corresponding entry in column 2 of that table —
The Special Commissioners
1.Office held 2. Office or offices to be held
Commissioner for the special purposes of the Income Tax Acts appointed under section 4 of the Taxes Management Act 1970 Transferred-in judge of the Upper Tribunal Deputy Commissioner for the special purposes of the Income Tax Acts appointed under section 4A of the Taxes Management Act 1970 Transferred-in judge of the First-tier Tribunal and deputy judge of the Upper Tribunal
VAT and duties tribunals
1. Office held 2. Office or offices to be held
President of VAT and duties tribunals appointed under paragraph 2 of Schedule 12 to the Value Added Tax Act 1994 Transferred-in judge of the Upper Tribunal Person appointed to a panel of chairmen of a VAT and duties tribunal under paragraph 7 of Schedule 12 to the Value Added Tax Act 1994 Transferred-in judge of the First-tier Tribunal and deputy judge of the Upper Tribunal Person appointed to a panel of other members of a VAT and duties tribunal under paragraph 7 of Schedule 12 to the Value Added Tax Act 1994 Transferred-in other member of the First-tier Tribunal
Tribunal established under section 706 ICTA 1988
1. Office held 2. Office or offices to be held
Chairman of the tribunal appointed under section 706(1)(a) of the Income and Corporation Taxes Act 1988 Transferred-in judge of the Upper Tribunal Other member of the tribunal appointed under section 706(1)(b) of the Income and Corporation Taxes Act 1988 Transferred-in other member of the First-tier Tribunal
Tribunal established under section 704 ITA 2007
1. Office held 2. Office or offices to be held
Chairman of the tribunal appointed under section 704(1)(a) of the Income Taxes Act 2007 Transferred-in judge of the Upper Tribunal Other member of the tribunal appointed under section 704(1)(b) of the Income Taxes Act 2007 Transferred-in other member of the First-tier Tribunal
Transitionals and savings
6
Schedule 3 contains —
a
transitional provision, and
b
saving provision.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under-Secretary of State
Ministry of Justice
18th January 2009
Tony Cunningham
Bob Blizzard
Two of the Lords Commissioners of Her Majesty’s Treasury
14th January 2009


text:
Citation and Commencement
1
1
These Regulations may be cited as the Tax Avoidance Schemes (Information) (Amendment) Regulations 2009 and shall come into force on 1st April 2009.
2
Regulation 3 has effect in relation to duties under sections 312 or 312A of the Finance Act 2004 which arise on or after 1st April 2009.
3
Regulation 4 has effect in relation to —
a
reference numbers notified to a person under sections 311, 312 or 312A of the Finance Act 2004 on or after 1 April 2009, where that person has a duty under section 313 of that Act; and
b
claims under either of the provisions mentioned in paragraph (14) of the substituted regulation 8 below made on or after 1 April 2009.
Amendment of the Tax Avoidance Schemes (Information) Regulations 2004
2
The Tax Avoidance Schemes (Information) Regulations 2004 are amended as follows.
3
For Regulation 7 (prescribed information under sections 312 and 312A) substitute —
7
For the purposes of sections 312(2) and (5) (duty of promoter to notify client of number) and 312A(2) (duty of client to notify parties of number) the prescribed information is —
a
the name and address of the promoter;
b
the name, or a brief description of the notifiable arrangements or proposal;
c
the reference number (or if more than one, any one reference number) allocated under the provisions of section 311; and
d
the date that the reference number was —
i
sent by the promoter to the client; or (as the case may be)
ii
sent to any other person by the client under section 312A(2).
.
4
For Regulation 8 (prescribed information under section 313: timing and manner of delivery) substitute —
8
1
For the purposes of section 313(1) (duty of parties to notifiable arrangements to notify HMRC of number etc. ) the prescribed information is that specified in whichever of paragraphs (4) or (5) is applicable.
2
For the purposes of section 313(3)(a) (cases in which the prescribed information is to be included in returns) the prescribed cases are those specified at paragraphs (6) to (8).
3
For the purposes of section 313(3)(b) (cases in which the prescribed information is to be provided separately) —
a
the prescribed cases are those specified at paragraphs (10) to (14); and
b
the prescribed times are those specified at paragraph (15).
4
In the cases prescribed at paragraphs (6) to (8) the prescribed information is —
a
the reference number allocated by HMRC under section 311 to the notifiable arrangements or proposed notifiable arrangements; and
b
the year of assessment, tax year or accounting period (as the case may be) in which, or the date on which, the person providing the information expects a tax advantage to be obtained.
5
In the cases prescribed at paragraphs (10) to (14) the prescribed information is —
a
the name and address of the person providing it;
b
any National Insurance number, tax reference number, PAYE reference number or other personal identifier allocated by HMRC to the person to whom the information relates;
c
the reference number allocated to the scheme by HMRC under section 311 to the notifiable arrangements or proposed notifiable arrangements;
d
the year of assessment, tax year or accounting period (as the case may be) in which, or the date on which, the person providing the information or, in the case of paragraph (10), an employee of that person, expects to obtain a tax advantage by virtue of the notifiable arrangements;
e
the name of the person providing the declaration as to the accuracy and completeness of the notification; and
f
the capacity in which the person mentioned in sub-paragraph (e) is acting.
6
Subject to paragraphs (10), (12) and (13), in the case of a person who —
a
expects an advantage to arise in respect of his liability to pay, entitlement to a repayment of, or to a deferment of his liability to pay, income tax or capital gains tax as a result of notifiable arrangements; and
b
is required to make a return to HMRC by a notice under section 8 or 8A of the Taxes Management Act 1970 (income tax and capital gains tax: personal return and trustee’s return) , in respect of income tax or capital gains tax,
the prescribed information shall be included in the return under that section which relates to the year of assessment in which the person first enters into a transaction forming part of the notifiable arrangements and in the return for each subsequent year of assessment until the advantage ceases to apply to that person.
This paragraph does not apply if the advantage arises in respect of a partner’s share of partnership profits or gains.
7
Subject to paragraphs (10), (12) and (13), in the case of a company which —
a
expects a tax advantage to arise in respect of its liability to pay, entitlement to a repayment of, or to a deferment of its liability to pay, corporation tax as a result of notifiable arrangements; and
b
is required to make a return to HMRC by a notice under paragraph 3 of Schedule 18 to the Finance Act 1998 (company tax return) , in respect of corporation tax,
the prescribed information shall be notified to HMRC in the return under that paragraph covering the period in which the company first enters into a transaction forming part of the notifiable arrangements and in the return covering each subsequent period until the tax advantage ceases to apply to the company.
This paragraph does not apply if the advantage arises in respect of a partner’s share of partnership profits or gains.
8
Subject to paragraphs (10) to (13), in the case of a partnership —
a
which expects an advantage to arise in respect of a partner’s liability to pay, entitlement to a repayment of, or to a deferment of the partner’s liability to pay any of the prescribed taxes in respect of partnership profits or gains as a result of notifiable arrangements; and
b
in respect of which a return is required to be made to the Board by virtue of a notice under section 12AA of the Taxes Management Act 1970 (partnership return) in respect of any of the prescribed taxes,
the prescribed information shall be included in the returns specified in paragraph (9) covering the period in which the partnership first enters into a transaction forming part of the notifiable arrangements and in the returns covering each subsequent period until the tax advantage ceases to apply to the partner in question.
9
The returns referred to in paragraph (8) are —
a
the partnership’s return under section 12AA of the Taxes Management Act 1970; and
b
the return under section 8 or 8A of that Act, or under paragraph 3 of Schedule 18 to the Finance Act 1998, of the partner in respect of whom an advantage is expected.
10
In the case of a person who is the employer of an employee, by reason of whose employment a tax advantage is expected to arise to any person in respect of income tax, corporation tax or capital gains tax as a result of notifiable arrangements —
a
paragraphs (6) to (8) shall not apply; and
b
the prescribed information shall be provided separately to HMRC in such form and manner as they may specify by the time in paragraph (15).
11
In the case of a person who would be obliged to comply with a duty under paragraphs (6) to (8), but is not required, in respect of a year of assessment, accounting period or tax year —
a
in the case of notifiable arrangements to which paragraph (6) applies, to make a return under either of the provisions mentioned in paragraph (6)(b);
b
in the case of notifiable arrangements to which paragraph (7) applies, to make a return under the provision referred to in paragraph (7)(b); or
c
in the case of notifiable arrangements to which paragraph (8) applies, to make a return under any of the provisions in paragraph (9);
the person must provide the information specified in paragraph (5) separately to HMRC in such form and manner as they may specify by the time in paragraph (15).
12
In a case of a person who is obliged to comply with a duty under paragraphs (6) to (8) and —
a
the relevant return is not delivered by the filing date; or
b
the relevant return is delivered by the filing date but does not include the prescribed information;
paragraphs (6) to (8) shall not apply and the prescribed information shall be provided separately to HMRC in such form and manner as they may specify by the time in paragraph (15).
13
In a case where —
a
a person is required to provide information relating to more than one reference number;
b
the information is included in a return under paragraphs (6) to (8); and
c
the number of reference numbers in relation to which information is required exceeds the number of spaces allocated to the information on the return form;
the information relating to so many of the reference numbers as exceeds the number of allocated spaces shall be provided separately to HMRC in such form and manner as they may specify by the time in paragraph (15).
14
In addition to the duty under any other paragraph above, in a case where the arrangements give rise to a claim submitted separately from the return under —
a
section 261B of the Taxation of Chargeable Gains Act 1992 (treating trade loss etc as CGT loss) ; or
b
Part 4 of the Income Tax Act 2007 (loss relief) ;
the prescribed information shall be provided separately to HMRC in such form and manner as they may specify at the time in paragraph (15).
15
The prescribed times for providing information separately under paragraphs (10) to (14) are —
a
in the case of paragraph (10), any time during the period ending on the date on which —
i
the return under regulation 73 of the Income Tax (Pay As You Earn) Regulations 2003 is or would be due in respect of the tax year in which the employer first enters into a transaction forming part of the notifiable arrangements; and
ii
the return for each subsequent year is or would be due until an advantage ceases to apply to any person;
b
in the case of paragraph (11) —
i
for sub-paragraph (a), any time during the period ending on 31st January next following the end of the year of assessment in question;
ii
for sub-paragraph (b), any time during the period ending on the date defined as the filing date for the purposes of paragraph 14 of Schedule 18 to the Finance Act 1998 in respect of the period of account in question;
iii
for sub-paragraph (c), any time during the period ending on the earliest date by which the person in question could be required to file a return under section 12AA of the Taxes Management Act 1970, determined in accordance with whichever of subsections (4) and (5) of that section is applicable;
c
in the case of paragraphs (12) and (13), any time during the period ending on the filing date for the relevant return;
d
in the case of paragraph (14), the time that the claim is made;
16
For the purposes of paragraph (15)(c) “the filing date” is whichever date in paragraph (i) to (iii) of paragraph (15)(b) applies to the relevant return.
17
This regulation does not apply to information provided in respect of the SDLT Arrangement Regulations .
.
Mike Eland
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
11th March 2009


text:
1
This Order may be cited as the Merton College, Morden (Dissolution) Order 2009 and comes into force on 1st August 2009.
2
On 1st August 2009 the corporation is to be dissolved and all of its property, rights and liabilities are to be transferred to South Thames College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st August 2009 as if the reference in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 2009;
c
to the transferor were to the corporation; and
d
to the corporation were to South Thames College.
Kevin Brennan
Minister of State
Department for Business, Innovation and Skills
17th June 2009


text:
Citation and commencement
1
This Order may be cited as The Traffic Management (London Borough of Hounslow) Permit Scheme Order 2009 and is to come into effect on 11th January 2010.
Interpretation
2
In this Order —
“the London Borough of Hounslow Permit Scheme” means the permit scheme set out in the Schedule to this Order in terms commonly known as the “London Permit Scheme” which was prepared and submitted to the Secretary of State by the London Borough of Hounslow and has been approved by the Secretary of State; and
“specified streets” has the meaning given by regulation 8 of the Traffic Management Permit Scheme (England) Regulations 2007 .
Commencement of Permit Scheme
3
The London Borough of Hounslow Permit Scheme comes into effect on 11th January 2010.
Application of Part 8 of The Traffic Management Permit Scheme (England) Regulations 2007
4
Part 8 of the Traffic Management Permit Scheme (England) Regulations 2007 shall apply to the specified streets within the London Borough of Hounslow Permit Scheme.
Signed by authority of the Secretary of State for Transport
C. D. Mole
Parliamentary Under Secretary of State
Department for Transport
30th November 2009


text:
Citation and commencement
1
This Order may be cited as the General and Specialist Medical Practice (Education, Training and Qualifications) Amendment Order 2009 and shall come into force on 28th August 2009.
Amendment of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003
2
1
Schedule 3 to the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (specialties in which the UK awards a CCT and any minimum training periods) is amended as follows.
2
In Part 1 (specialities with minimum training periods), for the entry relating to “Medical microbiology and virology” substitute —
“Medical microbiology (also known as microbiology and bacteriology)”
“Medical virology”
.
3
In Part 2 (other specialties) —
a
insert in the appropriate alphabetical positions —
“Acute internal medicine”
;
“Community sexual and reproductive health”
; and
b
omit the entry relating to “Clinical cytogenics and molecular genetics”.
Saving provision
3
Article 2(2) does not prevent the award of a Certificate of Completion of Training in medical microbiology and virology to a person who, on the date when this Order comes into force, is undergoing the education and training necessary to obtain such an award.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
9th July 2009


text:
Title and commencement
1
These Regulations may be cited as the Food Supplements (England) and Addition of Vitamins, Minerals and Other Substances (England) (Amendment) Regulations 2009 and come into force on 1st January 2010.
Amendment of the Food Supplements (England) Regulations 2003
2
1
The Food Supplements (England) Regulations 2003 are amended in accordance with the following paragraphs.
2
In paragraph (1) of regulation 2 (interpretation), for the definition “Directive 2002/46” there are substituted the following definitions —
“Directive 90/496” means Council Directive 90/496/ EEC on nutrition labelling for foodstuffs as amended by Commission Directive 2008/100/EC amending Council Directive 90/496/EEC on nutrition labelling for foodstuffs as regards recommended daily allowances, energy conversion factors and definitions ;
“Directive 2001/83” means Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use as last amended by Directive 2009/53/EC of the European Parliament and of the Council amending Directive 2001/82/EC and Directive 2001/83/EC , as regards variations to the terms of marketing authorisations for medicinal products ;
“Directive 2002/46” means Directive 2002/46/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to food supplements as last amended by Commission Regulation (EC) No. 1170/2009 amending Directive 2002/46/EC of the European Parliament and of Council and Regulation (EC) No. 1925/2006 of the European Parliament and of the Council as regards the lists of vitamin and minerals and their forms that can be added to foods, including food supplements ;
.
3
Immediately after paragraph (3) of regulation 2 (interpretation) there is inserted the following paragraph —
4
In these Regulations any reference to an Annex to Directive 2002/46 is a reference to that Annex as amended from time to time.
.
4
In regulation 3 (scope of Regulations), for paragraph (2) there is substituted the following paragraph —
2
These Regulations do not apply to medicinal products as defined by Directive 2001/83.
.
5
In regulation 5 (prohibitions on sale relating to composition of food supplements) —
a
at paragraph (1), omit the words ‘subject to paragraph (3)’;
b
at sub-paragraph (a) of paragraph (1), for the words ‘column 1 of Schedule 1’ there is substituted the words “Annex I to Directive 2002/46”;
c
at sub-paragraph (b)(i) of paragraph (1), for the words “Schedule 2” there is substituted the words “Annex II to Directive 2002/46”; and
d
paragraph (3) is omitted.
6
In regulation 6 (restrictions on sale relating to labelling etc of food supplements) —
a
for sub-paragraph (b) of paragraph (3) there is substituted the following sub-paragraph–
b
in the case of a vitamin or mineral listed in Annex I to Directive 2002/46 be given using the relevant unit specified in brackets after the name of that vitamin or mineral;
; and
b
for sub-paragraph (e) of paragraph (3) there is substituted the following sub-paragraph —
e
in the case of a vitamin or mineral listed in the Annex to Directive 90/496, be expressed also as a percentage (which may also be given in graphical form) of the relevant recommended daily allowance specified in that Annex.
.
7
Immediately after regulation 11 (application of various provisions of the Act) add the following regulation —
Transitional provision
12
In any proceedings for an offence under regulation 9 relating to a breach of regulation 6 or 7 consisting of a contravention of or a failure to comply with regulation 6 (3)(e), it shall be a defence to prove that —
a
the food supplement concerned was sold before the 31st October 2012; and
b
the matters constituting the alleged offence would not have constituted an offence under those Regulations if the amendments made by regulation 2(2) and (6)(b) of the Food Supplements (England) and Addition of Vitamins, Minerals and Other Substances (England) (Amendment) Regulations 2009 had not been in operation when the food was sold.
.
8
Schedule 1 (vitamins and minerals which may be used in the manufacture of food supplements) and Schedule 2 (form of vitamin and mineral substances which may be used in the manufacture of food supplements) are omitted.
Amendment of the Addition of Vitamins, Minerals and Other Substances (England) Regulations 2007
3
1
The Addition of Vitamins, Minerals and Other Substances (England) Regulations 2007 are amended in accordance with the following paragraph.
2
In paragraph (1) of regulation 2 (interpretation), for the definition “the EC Regulation”, there is substituted 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 last amended by Commission Regulation (EC) No. 1170/2009 amending Directive 2002/46/EC of the European Parliament and of Council and Regulation (EC) No. 1925/2006 of the European Parliament and of the Council as regards the lists of vitamin and minerals and their forms that can be added to foods, including food supplements.
.
Signed by authority of the Secretary of State for Health
Gillian Merron
Minister of State,
Department of Health
8th December 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009 and shall come into force on 31st March 2009.
2
In this Order —
“the AETR ” means the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1 July 1970, as amended, as applied by article 2(3)of the EC Regulation ;
“the Community Recording Equipment Regulation” has the meaning given in section 97(7) of the Transport Act 1968 ;
“the EC Regulation” means the Community Drivers Hours Regulation as defined in section 103(1) of the Transport Act 1968 ;
“fixed penalty offence” means an offence listed in Schedule 1; and
“graduated fixed penalty offence” means an offence listed in Schedule 2.
The appropriate amount
2
1
Subject to paragraph (2), the appropriate amount of a financial penalty deposit shall be —
a
in relation to a fixed penalty offence for which a person has been given a fixed penalty notice or handed a conditional offer, the amount indicated in relation to that offence in the third column of Schedule 1;
b
in relation to a graduated fixed penalty offence for which a person has been given a fixed penalty notice or handed a conditional offer, the amount indicated in relation to that offence in Schedule 2, by reference to the circumstances of the offence, those being the nature of the contravention and, where specified, its seriousness; and
c
in relation to an offence for which a person has been given notification that it appears likely that proceedings will be brought against him, £300.
2
The appropriate amount shall not, in respect of any single occasion on which more than one financial penalty deposit requirement has been imposed, exceed £900.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
5th March 2009


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Distributions (Excluded Companies) Regulations 2009 and shall come into force on the day on which they are made.
2
These Regulations shall have effect for accounting periods which are current on the day on which these Regulations are made and for accounting periods which begin after that day.
Excluded companies
2
1
A territory which satisfies section 931C(1)(a) and (b) is nevertheless not a qualifying territory for the purpose of section 931B in respect of the payer of the distribution if the payer is an excluded company.
2
For the purposes of this regulation, an excluded company is one which is excluded from one or more of the benefits of any double taxation relief arrangements for the time being in force in relation to that territory.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners to Her Majesty’s Treasury
15th December 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Performance Information) (England) (Amendment) Regulations 2009 and come into force on 1st May 2009.
2
These regulations apply only in relation to England.
Amendment of regulations
2
1
The Education (School Performance Information) (England) Regulations 2007 are amended as follows.
2
Regulation 7 is omitted.
3
In regulation 14, omit paragraph (2).
4
Schedule 3 is omitted.
5
In paragraph 2(1) of Part 1 of Schedule 4, omit paragraph (c).
6
In Schedule 6, omit paragraphs 3, 9 and 10.
7
In Schedule 8 —
a
in paragraph 1(2) of Part 2, omit the words “history, geography, art and design, design and technology, information and communication technology, a modern foreign language and”;
b
omit Part 4.
Jim Knight
Minister of State
Department for Children, Schools and Families
10th March 2009


text:
Citation, commencement and extent
1
These Regulations —
a
may be cited as the Ozone-Depleting Substances (Qualifications) Regulations 2009;
b
come into force on 9th March 2009; and
c
do not extend to Northern Ireland.
Interpretation
2
1
In these Regulations —
“authorised person” means a person authorised under regulation 7;
“competent” has the meaning given in regulation 3;
“course of training” includes the training of an employee while that employee is engaged in work for which the employee is employed;
“employed” means employed under a contract of employment and “employee” and “employer” are construed accordingly;
“in-house qualification” means a qualification verified by a certificate of competence or other written confirmation issued by an employer to such of the employees of that employer who have successfully completed a course of training provided by that employer relating to relevant work;
“relevant work” has the meaning given in regulation 4;
“work with methyl bromide” means work which involves preventing or minimising the leakage of methyl bromide from fumigation installations and operations in which methyl bromide is used.
2
Expressions used in these Regulations and in Regulation ( EC ) No 2037/2000 of the European Parliament and of the Council on substances that deplete the ozone layer have the same meaning in these Regulations as they have in that Council Regulation.
Meaning of “competent”
3
For the purposes of these Regulations —
a
a person is competent to carry out relevant work whilst performing a task specified in column 1 of the Table in Schedule 1 in respect of the equipment specified in the corresponding entry in column 2 of that Table if that person has obtained one of the qualifications specified in the corresponding entry in column 3 of that Table;
b
a person is competent to carry out any other relevant work to which paragraph (a) does not apply if that person has obtained an in-house qualification in respect of that other relevant work;
c
a person is competent to carry out work with methyl bromide if that person has —
i
obtained the British Pest Control Association Certificate of Proficiency for Fumigation Operators ; and
ii
successfully completed the British Pest Control Association module referred to in the list in Schedule 2 which relates to the work in question.
Meaning of “relevant work”
4
In these Regulations, “relevant work” means any work which involves —
a
recovering, recycling, reclaiming or destroying controlled substances; or
b
preventing or minimising the leakage of controlled substances other than work with methyl bromide.
Qualification and supervision
5
1
Subject to paragraph (5), no person may carry out any relevant work unless that person is competent to do so.
2
Subject to paragraph (6), no person may carry out work with methyl bromide unless that person is competent to do so.
3
The employer of a person employed to carry out relevant work must ensure that paragraph (1) is complied with.
4
The employer of a person employed to carry out work with methyl bromide must ensure that paragraph (2) is complied with.
5
A person who is not competent to carry out relevant work may carry out such work if the person does so —
a
under the supervision of a person who is so competent; and
b
with a view to obtaining —
i
a qualification referred to in regulation 3(a); or
ii
an in-house qualification.
6
A person who is not competent to carry out work with methyl bromide may carry out such work if the person does so under the supervision of a person who is so competent, and —
a
with a view to —
i
obtaining the Certificate of Proficiency referred to in regulation 3(c), and
ii
completing any of the modules listed in Schedule 2; or
b
if the person has obtained that Certificate of Proficiency, with a view to completing any of the modules listed in Schedule 2.
7
It is an offence to fail to comply with paragraph (1), (2), (3) or (4).
Training
6
1
A training employer must ensure that the course of training which the training employer provides will enable an employee who has been trained to carry out a relevant job satisfactorily.
2
In respect of each employee trained, a training employer must keep for the required period a record of —
a
the name of the employee;
b
the training provided;
c
the date of the training; and
d
the date on which is issued the certificate of competence or other written confirmation that the course of training has been successfully completed.
3
A training employer must provide a copy of the record referred to in paragraph (2) to the employee in question when requested to do so by that employee during the required period.
4
It is an offence for the training employer to fail to comply with paragraph (1), (2) or (3).
5
In this regulation —
a
“relevant job” means relevant work not involving a task specified in column 1 of the Table in Schedule 1 in respect of the equipment specified in the corresponding entry in column 2 of that Table;
b
“the required period” means both —
i
the period during which the employee in question undergoes training provided by the training employer, and
ii
the period during which the employee is employed by the training employer to carry out a relevant job; and
c
“training employer” means an employer who provides training leading to an in-house qualification.
Enforcement and authorised persons
7
1
These Regulations are enforced by the Agency, the local authority or the port health authority.
2
The Agency, the local authority or the port health authority may authorise in writing such persons as they consider appropriate to act for the purpose of enforcing these Regulations.
3
An authorisation under section 108 of the Environment Act 1995 (powers of enforcing authorities and persons authorised by them) is an authorisation for the purposes of these Regulations.
4
In relation to cases of a particular description or a particular case, the Secretary of State as regards England, the Welsh Ministers as regards Wales, and the Scottish Ministers as regards Scotland, may direct that the duty in paragraph (1) imposed on the Agency, the local authority or the port health authority is to be discharged by the Secretary of State or them, as the case may be, and not by the Agency, the local authority or the port health authority.
5
In this regulation —
“the Agency” means —
as regards England and Wales, the Environment Agency; and
as regards Scotland, the Scottish Environment Protection Agency;
“the local authority” means —
in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
in relation to Wales —
a county council; or
a county borough council;
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
“the port health authority” means —
in relation to the London port health district (within the meaning given by section 7(1) of the Public Health (Control of Disease) Act 1984 ), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of that Act, the port health authority for that district constituted by order under section 2(4) of that Act.
Powers of an authorised person
8
1
An authorised person may, on production (if so required) of the authority of that authorised person, exercise any of the powers specified in paragraph (2) for the purpose of enforcing these Regulations.
2
The powers are —
a
at any reasonable time to enter premises, other than premises used wholly or mainly for residential purposes, which the authorised person has reason to believe it is necessary for the authorised person to enter;
b
on entering any premises by virtue of sub-paragraph (a), to take with the authorised person any other person whose presence appears to the authorised person to be required in connection with the exercise by the authorised person of any power under this regulation, including, if the authorised person has reasonable cause to apprehend any serious obstruction in the execution of the duty of the authorised officer, a constable;
c
to carry out such inquiries and to make such examination as may be necessary;
d
to require any person whom the authorised person reasonably believes can give any information relevant to any examination or investigation under sub-paragraph (c) —
i
to answer (in the absence of anyone other than someone nominated by that person to be present and anyone whom the authorised person may allow to be present) such questions as the authorised person thinks fit to ask; and
ii
to sign a declaration of the truth of the answers of that person;
e
to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which it is necessary for the authorised person to see for the purposes of any examination or investigation under sub-paragraph (c) and to inspect and take copies of, or of any entry in, the records; and
f
to require any person to afford the authorised person such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on the authorised person by this regulation.
3
No answer given by a person in pursuance of a requirement imposed under paragraph (2)(d) is admissible in evidence against the person in any proceedings.
4
Nothing in this regulation is taken to compel the production by any person of a document of which that person would be entitled to withhold production on the grounds of —
a
legal professional privilege on an order for disclosure and inspection in an action in the High Court; or
b
confidentiality in proceedings in the Court of Session in Scotland.
Miscellaneous offences
9
A person is guilty of an offence if the person —
a
intentionally prevents another person from —
i
appearing before an authorised person under regulation 8(2)(d); or
ii
answering any questions to which an authorised person may by virtue of that regulation require an answer;
b
intentionally obstructs an authorised person in the exercise or performance of the powers of that authorised person;
c
furnishes to an authorised person any information which the person knows to be false or misleading;
d
fails to produce a record when required to do so by an authorised person; or
e
pretends to be an authorised person.
Corporate offences
10
1
If an offence committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer, or
b
to be attributable to any neglect on the part of the officer,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
2
If 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 the functions of management of that member as if the member were a director of the body.
3
If an offence committed by a partnership is shown —
a
to have been committed with the consent or connivance of a partner, or
b
to be attributable to any neglect on the part of that partner,
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
4
For the purpose of proceedings for an offence alleged to have been committed by a partnership, section 70 of the Criminal Procedure (Scotland) Act 1995 applies as it applies in relation to a body corporate.
5
Subject to paragraph (8), proceedings for an offence alleged to have been committed by an unincorporated association must be brought in the name of the association and not in the name of any of its members.
6
For the purpose of such proceedings —
a
rules of court relating to the service of documents have effect as if the association were a body corporate; and
b
the following provisions apply as they apply in relation to a body corporate —
i
section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980 ;
ii
section 70 of the Criminal Procedure (Scotland) Act 1995; and
iii
section 18 of the Criminal Justice Act (Northern Ireland) 1945 and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 .
7
A fine imposed on an unincorporated association on its conviction for an offence must be paid out of the funds of the association.
8
If an offence committed by an unincorporated association, other than a partnership, is shown —
a
to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or
b
to be attributable to any neglect on the part of such an officer or member,
that officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.
9
In this regulation —
a
“offence” means an offence under these Regulations;
b
“officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity; and
c
“partner” includes a person purporting to act as a partner.
Penalties
11
A person guilty of an offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
Revocations
12
The Ozone Depleting Substances (Qualifications) Regulations 2006 and the Ozone Depleting Substances (Qualifications) (Amendment) Regulations 2008 are revoked.
Phil Hunt
Minister of State
Department for Environment, Food and Rural Affairs
4th February 2009


text:
Citation, application and commencement
1
These Regulations —
a
may be cited as the Non-Domestic Rating (Unoccupied Property) (England) Regulations 2009;
b
apply in relation to England;
c
apply in relation to the financial year beginning on 1st April 2009;
d
shall come force on 1st April 2009.
Hereditaments not prescribed for the purposes of section 45(1)(d) of the Local Government Finance Act 1988
2
Regulation 4(g) of the Non-Domestic Rating (Unoccupied Property) (England) Regulations 2008 shall apply as if the reference to £2,200 were to £15,000.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
23rd February 2009


text:
Citation and commencement
1
These Regulations may be cited as the Armed Forces (Evidence in Proceedings before Civilian Courts) Regulations 2009 and come into force on 31st October 2009.
Interpretation
2
In these Regulations —
“ the Act ” means the Armed Forces Act 2006;
“enlistment paper” has the same meaning as in regulations made under section 328 of the Act;
“recruiting officer” has the same meaning as in regulations made under section 328 of the Act.
Application
3
These Regulations apply with respect to evidence in proceedings for an offence created by or under the Act before a civilian court in —
a
the United Kingdom;
b
the Isle of Man; or
c
a British overseas territory.
Enlistment
4
A document purporting to be an enlistment paper used to enlist a person in accordance with regulations made under section 328 of the Act shall be evidence that —
a
that person was enlisted, on the date on which the declaration in the enlistment paper purports to have been signed by him, and on the terms set out in the document; and
b
anything recorded in the document as the answer given by him to a question in the document was given by him in answer to that question when it was put to him by or on the direction of the recruiting officer who enlisted him.
5
A document purporting to be a copy of such a document as is mentioned in regulation 4 and purporting to be certified to be a true copy by a person stated in the certificate to have custody of the document shall be evidence of the matters mentioned in paragraphs (a) and (b) of that regulation.
Evidence as to service etc
6
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
7
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.
8
A document purporting to be a copy of such a record (including the signature) as is mentioned in regulation 7 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
9
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
10
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
11
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.
Transitional Provisions
12
Subject to regulation 13, regulations 4 to 11 shall apply to proceedings under the Army Act 1955 or under the Air Force Act 1955 before a civilian court in —
a
the United Kingdom,
b
the Isle of Man, or
c
a British overseas territory,
where the proceedings commence after the coming into force of these Regulations.
13
Where regulation 4 applies by virtue of regulation 12 the reference to “A document purporting to be an enlistment paper used to enlist a person in accordance with regulations made under section 328 of the Act” is to be read as a reference to a document purporting to be an attestation paper under the Army Act 1955 or the Air Force Act 1955 and the reference in regulation 4(a) to an “enlistment paper” is to be read accordingly.
14
For the purposes of regulation 12 proceedings before a civilian court shall be taken to commence when the first hearing (or, in Scotland, the first calling) in those proceedings takes place in a civilian court.
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
1
This Order may be cited as the Pensions Act 2004 (Commencement No.13) Order 2009.
Appointed day
2
The day appointed for the coming into force of section 134(2)(d) (directions) of the Pensions Act 2004 —
a
for the purpose only of conferring power to make regulations, is 23rd June 2009; and
b
for all other purposes, is 21st July 2009.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle.
Minister of State,
Department for Work and Pensions
22nd June 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Staffordshire Hospital Centre 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 North Staffordshire Hospital Centre National Health Service Trust (Establishment) Order 1992 ;
“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) —
a
in paragraph (1) for “5 non-executive directors” substitute “6 non-executive directors”; and
b
in paragraph (2) for paragraph “3(1)(d) of Schedule 2 to the Act” substitute “5(3) of Schedule 4 to the Act”.
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
Minister of State,
Department of Health
24th November 2009


text:
Citation, commencement etc.
1
1
These Regulations may be cited as the Pensions Schemes (Application of UK Provisions to Relevant Non-UK Schemes) (Amendment) Regulations 2009 and shall come into force on 13th August 2009.
2
Regulations 3 to 8 have effect where —
a
there is a paragraph 15 BCE which is treated as occurring on a date (“the specified date”) on or after 6th April 2006, and
b
the member becomes entitled to a lump sum under a relevant non-UK scheme on or after the specified date.
3
Regulation 9 has effect where —
a
there is a paragraph 15 BCE,
b
the notice given under paragraph 15 of Schedule 34 to the Finance Act 2004 (non-UK schemes: application of certain charges) is given on or after 23rd July 2009, and
c
the member becomes entitled to a lump sum under a relevant non-UK scheme on or after the date on which the paragraph 15 BCE is treated as occurring.
4
In this regulation —
“paragraph 15 BCE” means the benefit crystallisation event treated as occurring by virtue of paragraph 15 of Schedule 34 to the Finance Act 2004;
“relevant non-UK scheme” has the meaning given by paragraph 1(5) of that Schedule.
Amendment of the Pensions Schemes (Application of UK Provisions to Relevant Non-UK Schemes) Regulations 2006
2
Regulation 15 of the Pensions Schemes (Application of UK Provisions to Relevant Non-UK Schemes) Regulations 2006 (modification of Schedule 29) is amended as follows.
3
Substitute for the paragraph 1(4A) and (4B) of Schedule 29 that is inserted by paragraph (2) —
4A
In determining whether all or part of the member’s lifetime allowance is available —
a
there shall be disregarded any amount treated as crystallising by virtue of a relevant BCE; but
b
the amount of the allowance available shall be reduced by the amount determined in accordance with sub-paragraph (4B) or (4C), as the case may require.
4B
Where benefit crystallisation event 8 has occurred, the member’s lifetime allowance that is available shall be reduced by the aggregate of —
a
the referable portion of any previous pension commencement lump sum paid to or in respect of the member by a recognised overseas pension scheme; and
b
the referable portion of the amount which would have crystallised by virtue of the member becoming entitled to a pension, had the scheme paying it been a registered pension scheme.
4C
Where the paragraph 15 BCE has occurred, the member’s lifetime allowance that is available shall be reduced by the aggregate of —
a
the referable portion of any previous pension commencement lump sum to which the member became entitled under a relevant non-UK scheme since the paragraph 15 BCE occurred; and
b
in respect of any pension to which the member has become entitled since the paragraph 15 BCE occurred, the referable portion of the amount which would have crystallised by virtue of the member’s becoming entitled to the pension, had the scheme paying it been a registered pension scheme.
.
4
In paragraph (3) —
a
substitute for the definition of “AAC” in paragraph 2(6) of Schedule 29 that is substituted by paragraph (3)(a) —
AAC is the aggregate of —
a
the amounts crystallised by each benefit crystallisation event (other than a relevant BCE) which has occurred in relation to the member before the member becomes entitled to the lump sum on each occasion on which entitlement to a pension arises; and
b
if a relevant BCE has occurred, RP.
RP is the referable portion of the amount which would have crystallised, had the scheme paying it been a registered pension scheme, in respect of any previous pension commencement lump sum or pension to which the member became entitled since the relevant BCE occurred, but excluding any amount included in paragraph (a).
; and
b
in the paragraph 2(6A) of Schedule 29 that is inserted by paragraph (3)(b), for “paragraph (b) of the definition of AAC” substitute “the definition of RP”.
5
Substitute for the paragraph 4(4) of Schedule 29 that is inserted by paragraph (4)(b) —
4
In determining whether all or part of the member’s lifetime allowance is available —
a
there shall be disregarded any amount treated as crystallising by virtue of a relevant BCE; but
b
the amount of the allowance available shall be reduced by the amount determined in accordance with sub-paragraph (5) or (6), as the case may require.
5
Where benefit crystallisation event 8 has occurred, the member’s lifetime allowance that is available shall be reduced by the aggregate of —
a
the referable portion of any previous pension commencement lump sum paid to or in respect of the member by a recognised overseas pension scheme; and
b
the referable portion of the amount which would have crystallised by virtue of the member becoming entitled to a pension, had the scheme paying it been a registered pension scheme.
6
Where the paragraph 15 BCE has occurred, the member’s lifetime allowance that is available shall be reduced by the aggregate of —
a
the referable portion of any earlier pension commencement lump sum to which the member became entitled under a relevant non-UK scheme since the paragraph 15 BCE occurred; and
b
in respect of any pension to which the member has become entitled since the paragraph 15 BCE occurred, the referable portion of the amount which would have crystallised by virtue of the member’s becoming entitled to the pension, had the scheme paying it been a registered pension scheme.
.
6
For the text inserted in paragraph 5(1)(c) of Schedule 29 by paragraph (5) substitute “, other than an event which constitutes a relevant BCE,”.
7
Substitute for the paragraph 7(6) of Schedule 29 that is inserted by paragraph (6) —
6
In determining whether all or part of the member’s lifetime allowance is available —
a
there shall be disregarded any amount treated as crystallising by virtue of a relevant BCE; but
b
the amount of the allowance available shall be reduced by the amount determined in accordance with sub-paragraph (7) or (8), as the case may require.
7
Where benefit crystallisation event 8 has occurred, the member’s lifetime allowance that is available shall be reduced by the aggregate of —
a
the referable portion of any previous pension commencement lump sum paid to or in respect of the member by a recognised overseas pension scheme; and
b
the referable portion of the amount which would have crystallised by virtue of the member becoming entitled to a pension, had the scheme paying it been a registered pension scheme.
8
Where the paragraph 15 BCE has occurred, the member’s lifetime allowance that is available shall be reduced by the aggregate of —
a
the referable portion of any earlier pension commencement lump sum to which the member became entitled under a relevant non-UK scheme since the paragraph 15 BCE occurred; and
b
in respect of any pension to which the member has become entitled since the paragraph 15 BCE occurred, the referable portion of the amount which would have crystallised by virtue of the member’s becoming entitled to the pension, had the scheme paying it been a registered pension scheme.
.
8
Substitute for the paragraph 10(4) of Schedule 29 that is inserted by paragraph (7) —
4
In determining whether all or part of the member’s lifetime allowance is available —
a
there shall be disregarded any amount treated as crystallising by virtue of a relevant BCE; but
b
the amount of the allowance available shall be reduced by the amount determined in accordance with sub-paragraph (5) or (6), as the case may require.
5
Where benefit crystallisation event 8 has occurred, the member’s lifetime allowance that is available shall be reduced by the aggregate of —
a
the referable portion of any previous pension commencement lump sum paid to or in respect of the member by a recognised overseas pension scheme; and
b
the referable portion of the amount which would have crystallised by virtue of the member becoming entitled to a pension, had the scheme paying it been a registered pension scheme.
6
Where the paragraph 15 BCE has occurred, the member’s lifetime allowance that is available shall be reduced by the aggregate of —
a
the referable portion of any earlier pension commencement lump sum to which the member became entitled under a relevant non-UK scheme since the paragraph 15 BCE occurred; and
b
in respect of any pension to which the member has become entitled since the paragraph 15 BCE occurred, the referable portion of the amount which would have crystallised by virtue of the member’s becoming entitled to the pension, had the scheme paying it been a registered pension scheme.
.
9
Substitute for the paragraph 11(bb) of Schedule 29 inserted by paragraph (8) —
bb
it is not paid from the relevant transfer fund of a qualifying recognised overseas pension scheme,
bc
it is not paid from the UK tax-relieved fund of a relevant non-UK scheme,
.
10
After paragraph 9 add —
10
After paragraph 12 add —
Interpretation of Part 1 – Non-UK Schemes
12A
1
The referable portion of a lump sum, pension or an amount which is or would have been crystallised is —
a
in a case where benefit crystallisation event 8 has occurred, the extent to which it is referable to the member’s relevant transfer fund; or
b
in a case where the paragraph 15 BCE has occurred, the extent to which it is referable to the member’s UK tax-relieved fund.
2
In this Part —
“the paragraph 15 BCE” means the benefit crystallisation event treated as occurring by virtue of paragraph 15 of Schedule 34;
“relevant BCE” means —
benefit crystallisation event 8; or
the paragraph 15 BCE;
“relevant transfer fund” shall be construed in accordance with paragraph 4(2) of Schedule 34;
“UK tax-relieved fund” shall be construed in accordance with paragraph 3(2) of Schedule 34.
.
.
Dave Hartnett
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
21st July 2009


text:
Citation, commencement, extent and interpretation
1
1
This Order may be cited as the Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Amendment Order 2009 and shall come into force on 1st April 2009.
2
This Order extends to England and Wales.
3
In this Order, “ the Order ” means the Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 .
Amendment of the Order
2
1
The Order is amended in accordance with this article.
2
In article 1 (citation, commencement, extent, application and interpretation) insert at the end of paragraph (4) “except that the amendment made by paragraph 2 of Schedule 5 applies in relation to England only”.
3
In Schedule 5 (minor and consequential amendments), for paragraph 2 substitute―
2
In Schedule 4 to the National Assistance (Assessment of Resources) Regulations 1992 (capital to be disregarded) —
a
in paragraph 2(2) for “whom the resident is liable to maintain by virtue of section 42(1) of the National Assistance Act 1948 (liability to maintain wife or husband and children)” substitute “of the resident”; and
b
after sub-paragraph (2) insert —
3
In this paragraph a reference to a child shall be construed in accordance with section 1 of the Family Law Reform Act 1987 .
.
.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
10th March 2009


text:
Title, application and commencement
1
These Regulations may be cited as the Food Labelling (Declaration of Allergens) (England) Regulations 2009, apply in relation to England only and come into force on 20th November 2009.
Amendment of the Food Labelling Regulations 1996
2
1
The Food Labelling Regulations 1996 are amended (in so far as they apply in relation to England) in accordance with paragraph (2).
2
In regulation 50 (transitional provision), for paragraph (15) substitute the following —
15
In any proceedings for an offence under regulation 44(1)(a) it shall be a defence to prove that —
a
i
in the case of wine in which lysozyme (produced from egg) is used, or in which albumin (produced from egg) or a milk (casein) product has been used as a fining agent, the food concerned was sold before 31st December 2010 or marked or labelled before that date, or
ii
in the case of any other food, the food concerned was sold before 31st May 2009 or marked or labelled before that date; and
b
the matters constituting the alleged offence would not have constituted an offence under these Regulations if the amendments made by regulation 2 of the Food Labelling (Declaration of Allergens) (England) Regulations 2009 had not been in operation when the food was sold.
.
Revocations
3
The following provision is revoked —
a
Regulation 2(6) of The Food Labelling (Declaration of Allergens) (England) Regulations 2008 .
Signed by authority of the Secretary of State for Health
Gillian Merron
Minister of State
Department of Health
19th October 2009