text:
PART 1 General
Citation and commencement
1
These Rules may be cited as the Court Martial and Service Civilian Court (Youth Justice and Criminal Evidence Act 1999) Rules 2009 and shall come into force on 31st October 2009.
Application
2
These Rules apply to any proceedings before the Court Martial and the Service Civilian Court.
Interpretation
3
1
In these Rules —
“the 1999 Act ” means the Youth Justice and Criminal Evidence Act 1999;
“the 2006 Act ” means the Armed Forces Act 2006;
“ Court Martial Rules ” means the Armed Forces (Court Martial) Rules 2009 ;
“ SCC Rules ” means the Armed Forces (Service Civilian Court) Rules 2009 ;
“defendant” —
in relation to proceedings before the Court Martial, means a person against whom a charge regarded for the purposes of Part 5 of the 2006 Act as allocated for Court Martial trial has been brought;
in relation to proceedings before the Service Civilian Court, means a person against whom a charge regarded for the purposes of Part 5 of the 2006 Act as allocated for Service Civilian Court trial has been brought;
in relation to appellate proceedings within the meaning of Court Martial Rules, means the appellant;
“ the Director ” means the Director of Service Prosecutions;
“the judge advocate” —
in relation to any proceedings before the Court Martial, means the judge advocate specified for the proceedings under section 155(5) of the 2006 Act;
in relation to any proceedings before the Service Civilian Court, means the judge advocate specified for the proceedings under section 278(2) of the 2006 Act;
“legal representative” —
in relation to proceedings before the Court Martial, means a person appointed under rule 39 of the Court Martial Rules;
in relation to proceedings before the Service Civilian Court, means a person appointed under rule 26 of the SCC Rules.
2
A reference in these Rules to proceedings —
a
in relation to proceedings before the Court Martial, has the same meaning as in Part 1 of the Court Martial Rules;
b
in relation to proceedings before the Service Civilian Court, has the same meaning as in Part 1 of the SCC Rules.
3
A reference in these Rules to a party to any proceedings —
a
in relation to proceedings before the Court Martial, has the same meaning as in Part 1 of the Court Martial Rules;
b
in relation to proceedings before the Service Civilian Court, has the same meaning as in Part 1 of the SCC Rules.
PART 2 Restriction on cross-examination by a defendant acting in person
Application for direction prohibiting defendant from cross-examining witness in person
4
1
Subject to paragraph (8)(a), an application by the Director for the judge advocate to give a direction under section 36 of the 1999 Act in relation to any witness must be sent to the court administration officer and at the same time a copy of the application must be sent by the applicant to every other party to the proceedings.
2
In his application the Director must state why, in his opinion —
a
the evidence given by the witness is likely to be diminished if cross-examination is undertaken by the defendant in person;
b
the evidence would be improved if a direction were given under section 36(2) of the 1999 Act; and
c
it would not be contrary to the interests of justice to give such a direction.
3
On receipt of the application the court administration officer must refer it to the judge advocate.
4
Where a copy of the application is received by a party to the proceedings more than 14 days before the date set for the trial to begin, that party may make observations in writing on the application to the court administration officer, but any such observations must be made within 14 days of the receipt of the application and be copied to the other parties to the proceedings.
5
A party to whom an application is sent in accordance with paragraph (1) who wishes to oppose the application must give his reasons for doing so to the court administration officer and the other parties to the proceedings.
6
Those reasons must be notified —
a
within 14 days of the date the application was served on him, if that date is more than 14 days before the date set for the trial to begin;
b
if the trial has begun, in accordance with any directions issued by the judge advocate; or
c
if neither sub-paragraph (a) nor sub-paragraph (b) apply, before the date set for the trial to begin.
7
Where the application made in accordance with paragraph (1) is made before the date set for the trial to begin and —
a
is not contested by any party to the proceedings, the judge advocate may determine the application without a hearing;
b
is contested by a party to the proceedings, the judge advocate must direct a hearing of the application.
8
Where the application is made after the trial has begun —
a
the application may be made orally; and
b
the judge advocate may give such directions as he considers appropriate to deal with the application.
9
Where a hearing of the application is to take place, the court administration officer must notify each party to the proceedings of the time and place of the hearing.
10
A party notified in accordance with paragraph (9) may be present at the hearing and be heard.
11
The court administration officer must, as soon as possible after the determination of an application made in accordance with paragraph (1), give notice of the decision and the reasons for it to all the parties to the proceedings.
12
A person making an oral application under paragraph (8)(a) must —
a
give reasons why the application was not made before the trial commenced; and
b
provide the judge advocate with the information set out in paragraph (2).
Restrictions on cross-examination of witness
5
1
This rule and rules 6 and 7 apply where a defendant is prevented from cross-examining a witness in person by virtue of section 34, 35 or a direction under section 36 of the 1999 Act.
2
The judge advocate must explain to the defendant, as early in the proceedings as is reasonably practicable, that he —
a
is prevented from cross-examining a witness in person; and
b
should arrange for a legal representative to act for him for the purpose of cross-examining the witness.
3
The defendant must notify the court administration officer within 7 days of the judge advocate giving his explanation, or within such other period as the judge advocate may in any particular case allow, of the action, if any, he has taken.
4
Where he has arranged for a legal representative to act for him, the notification must include details of the name and address of the representative.
5
The notification must be in writing.
6
The court administration officer must notify all other parties to the proceedings of the name and address of the person, if any, appointed to act for the defendant.
7
Where the judge advocate gives his explanation under paragraph (2) to the defendant either within 7 days of the day set for the commencement of any hearing at which a witness in respect of whom a prohibition under section 34, 35 or a direction under section 36 of the 1999 Act applies may be cross-examined or after such a hearing has commenced, the period of 7 days shall be reduced in accordance with any directions issued by the judge advocate.
8
Where at the end of the period of 7 days or such other period as the judge advocate has allowed, the court administration officer has received no notification from the defendant, the judge advocate may grant the defendant an extension of time, whether on his own motion or on the application of the defendant.
9
Before granting an extension of time, the judge advocate may hold a hearing at which all the parties to the proceedings may attend and be heard.
10
Any extension of time shall be of such period as the judge advocate considers appropriate in the circumstances of the case.
11
The decision of the judge advocate as to whether to grant the defendant an extension of time must be notified to all the parties to the proceedings by the court administration officer.
Appointment of legal representative by the judge advocate
6
1
Where the judge advocate decides, in accordance with section 38(4) of the 1999 Act, to appoint a legal representative, the court administration officer must notify all the parties to the proceedings of the name and address of the representative.
2
An appointment made by the judge advocate under section 38(4) of the 1999 Act shall, except to such extent as the judge advocate may in any particular case determine, terminate at the conclusion of the cross-examination of the witness or witnesses in respect of whom a prohibition under section 34, 35 or a direction under section 36 of the 1999 Act applies.
Appointment arranged by the defendant
7
1
The defendant may arrange for the legal representative, appointed by the judge advocate under section 38(4) of the 1999 Act, to be appointed to act for him for the purpose of cross-examining any witness in respect of whom a prohibition under section 34, 35 or a direction under section 36 of the 1999 Act applies.
2
Where such an appointment is made —
a
both the defendant and the legal representative appointed must notify the court of the appointment; and
b
the legal representative must, from the time of his appointment, act for the defendant as though the arrangement had been made under section 38(2)(a) of the 1999 Act and shall cease to be the representative of the court under section 38(4) of the 1999 Act.
3
Where the court receives notification of the appointment either from the legal representative or from the defendant but not from both, the judge advocate must investigate whether the appointment has been made, and if he concludes that the appointment has not been made, paragraph (2)(b) shall not apply.
4
A defendant may, notwithstanding an appointment by the judge advocate under section 38(4) of the 1999 Act, arrange for a legal representative to act for him for the purpose of cross-examining any witness in respect of whom a prohibition under section 34, 35 or a direction under section 36 of the 1999 Act applies.
5
Where the defendant arranges for, or informs the court of his intention to arrange for, a legal representative to act for him, he must notify the court, within such period as the judge advocate may allow, of the name and address of any person appointed to act for him.
6
Where the court is notified within the time allowed that such an appointment has been made, any legal representative appointed by the judge advocate in accordance with section 38(4) of the 1999 Act shall be discharged.
7
The court administration officer must, as soon as reasonably practicable after the court receives notification of an appointment under this rule or, where paragraph (3) applies, after the judge advocate is satisfied that the appointment has been made, notify all the parties to the proceedings —
a
that the appointment has been made;
b
where the defendant has arranged for a legal representative to act for him in accordance with paragraph (4), of the name and address of that legal representative; and
c
that the person appointed by the judge advocate under section 38(4) of the 1999 Act has been discharged or has ceased to act for the court.
PART 3 Evidence of a complainant’s previous sexual behaviour
Evidence of a complainant’s previous sexual behaviour
8
1
An application for leave under section 41(2) of the 1999 Act must, except where paragraph (13) applies, be made in writing to the court administration officer and must —
a
in relation to proceedings before the Court Martial, either —
i
be received by that officer within 28 days of —
aa
that officer giving notice in writing of the time and place appointed for the hearing of the proceedings in accordance with Court Martial Rules, or
bb
the lodging of a notice of appeal against conviction or sentence by the Service Civilian Court in accordance with Court Martial Rules,
or within such period as the judge advocate may in any particular case determine; or
ii
be accompanied by a full written explanation specifying the reasons why the application could not have been made within the 28 days mentioned above;
b
in relation to proceedings before the Service Civilian Court, either —
i
be received by that officer within 28 days of that officer giving notice in writing of the time and place appointed for the hearing of the proceedings in accordance with SCC Rules or within such period as the judge advocate may in any particular case determine; or
ii
be accompanied by a full written explanation specifying the reasons why the application could not have been made within the 28 days mentioned above.
2
Such an application must —
a
identify the issue to which the defendant says the complainant’s sexual behaviour is relevant;
b
give particulars of —
i
any evidence that the defendant wants to introduce; and
ii
any questions that the defendant wants to ask;
c
identify the exception to the prohibition in section 41 of the 1999 Act on which the defendant relies; and
d
give the name and date of birth of any witness whose evidence about the complainant’s sexual behaviour the defendant wants to introduce.
3
A copy of the application must be sent to all the other parties to the proceedings at the same time as it is sent to the court administration officer.
4
Where a copy of the application is received by the Director more than 14 days before the date set for the trial to begin, the Director must, within 14 days of the receipt of the application, notify the other parties to the proceedings and the court administration officer in writing whether or not —
a
he opposes the application, giving reasons for any such opposition; and
b
he wishes to be represented at any hearing of the application.
5
Where a copy of the application is received by a party to the proceedings other than the Director more than 14 days before the date set for the trial to begin, that party may make observations in writing on the application to the court administration officer, but any such observations must be made within 14 days of the receipt of the application and be copied to the other parties to the proceedings.
6
In considering any application under this rule, the judge advocate may request a party to the proceedings to provide him with such information as he may specify and which he considers would assist him in determining the application.
7
Where the judge advocate makes such a request, the person required to provide the information must do so within 14 days of the judge advocate making the request or by such time as the judge advocate considers appropriate in the circumstances of the case.
8
An application under paragraph (1) must be determined by the judge advocate following a hearing if —
a
the Director has notified the court administration officer that he opposes the application; or
b
the copy of the application was received by any of the parties to the proceedings less than 14 days before the date set for the trial to begin.
9
An application under paragraph (1) must be determined by the judge advocate following a hearing in any case where he considers such a hearing is appropriate in the circumstances of the particular case.
10
The date and time of the hearing must be —
a
determined by the judge advocate after taking into consideration —
i
any time which a party to the proceedings has been given to respond to a request for information; and
ii
the date fixed for any other hearing relevant to the proceedings; and
b
notified by the court administration officer to all the parties to the proceedings.
11
Except where paragraph (8) or (9) applies, an application under paragraph (1) must be determined by the judge advocate without a hearing.
12
The court administration officer must, as soon as possible after the determination of an application made in accordance with paragraph (1), give notice of the decision and the reasons for it to all the parties to the proceedings.
13
An application for leave under section 41(2) of the 1999 Act may be made orally where the application is made after the trial has begun.
14
The person making the application under paragraph (13) must —
a
give reasons why the applicant failed to make the application in writing in accordance with paragraph (1); and
b
provide the judge advocate with the information set out in paragraph (2)(a) to (2)(d).
PART 4 Restrictions on reporting
Application for a reporting direction under section 46(6) of the 1999 Act
9
1
An application for a reporting direction made by a party to any proceedings, in relation to a witness in those proceedings, must be made in writing or orally under rule 11.
2
A written application for a reporting direction must include the following information —
a
name, address and date of birth of the witness (or the reason for not giving these details);
b
brief details of the charges to which the application applies;
c
the grounds on which the applicant asserts that, if the direction is not given —
i
the quality of the evidence given by the witness, or
ii
the level of co-operation given by the witness to any party to the proceedings in the preparation of that party’s case,
is likely to be diminished by fear or distress if the witness is identified by members of the public as a witness in the proceedings;
d
whether the application needs to be determined urgently, and if so why and by when;
e
why a reporting direction —
i
is in the interests of justice; and
ii
is in the public interest in avoiding the imposition of a substantial and unreasonable restriction on the reporting of proceedings.
3
If an application for a reporting direction is made in writing, the applicant must —
a
send it to the court administration officer; and
b
at the same time, send copies of it to every other party to the proceedings.
Opposing an application for a reporting direction
10
1
If an application for a reporting direction is made in writing, any party to the proceedings who wishes to oppose that application must notify the applicant and the court administration officer in writing of his opposition and give reasons for it.
2
A person opposing an application must state in the written notification whether he disputes that the —
a
witness is eligible for protection under section 46 of the 1999 Act; or
b
granting of protection would be likely to improve the quality of the evidence given by the witness or the level of co-operation given by the witness to any party to the proceedings in connection with that party’s preparation of its case.
3
The notification under paragraph (1) must be given within 5 working days of the date the application was served on him unless an extension of time is granted under rule 14.
Urgent action on an application under section 46(6) of the 1999 Act
11
1
The judge advocate may give a reporting direction under section 46 of the 1999 Act in relation to a witness in those proceedings, notwithstanding that no written application has been made under rule 9 or that the 5 working days specified in rule 10(3) have not expired if an application is made to him under this rule.
2
Any party to the proceedings may make the application under paragraph (1) whether or not an application has already been made under rule 9.
3
An application under paragraph (1) may be made orally or in writing.
4
If an application is made orally, the judge advocate may hear and take into account representations made to him by any person who in his view has a legitimate interest in the application before him.
5
The application must specify the exceptional circumstances on which the application relies.
Application for an excepting direction under section 46(9) of the 1999 Act
12
1
An application for an excepting direction under section 46(9) of the 1999 Act (a direction dispensing with restrictions imposed by a reporting direction) may be made by —
a
a party to those proceedings; or
b
any person who, although not a party to the proceedings, is directly affected by a reporting restriction given in relation to a witness in those proceedings.
2
If an application for an excepting direction is made, the applicant must state why —
a
the effect of a reporting direction imposed places a substantial and unreasonable restriction on the reporting of the proceedings; and
b
it is in the public interest to remove or relax those restrictions.
3
An application for an excepting direction may be made —
a
in writing, pursuant to paragraph (4), at any time after the commencement of the proceedings in the court; or
b
orally, at a hearing of an application for a reporting direction.
4
A written application for an excepting direction must include the following information —
a
name, address and date of birth of the witness (or the reason for not giving these details);
b
brief details of the charges to which the application applies;
c
the extent to which the applicant invites the court to dispense with the restrictions imposed by the reporting direction;
d
why —
i
the reporting direction is or would be a substantial and unreasonable restriction on the reporting of proceedings and it is in the public interest to remove or relax that restriction; or
ii
it would be in the interests of justice to do so;
e
if an applicant is not a party to the proceedings, state why he is directly affected by a reporting direction given in relation to a witness in those proceedings.
5
If an application for an excepting direction is made in writing, the applicant must —
a
send it to the court administration officer; and
b
at the same time, send copies to every party to the proceedings.
6
Any person served with a copy of an application for an excepting direction who wishes to oppose it, must notify the applicant and court administration officer in writing of his opposition and give reasons for it.
7
The notification under paragraph (6) must be given within 5 working days of the date the application was served on him unless an extension of time is granted under rule 14.
Variation or revocation of a reporting or excepting direction
13
1
An application to —
a
revoke a reporting direction, or
b
vary or revoke an excepting direction,
may be made at any time after the commencement of the proceedings in the court.
2
An application under paragraph (1) may be made by a party to the proceedings in which the direction was issued, or by a person who, although not a party to those proceedings, is in the opinion of the judge advocate directly affected by the direction.
3
An application under paragraph (1) must be made in writing and the applicant must send that application to the court administration officer, and at the same time copies of the application shall be sent to every party or, as the case may be, every other party to the proceedings.
4
The applicant must set out in his application the reasons why he seeks to have the direction varied or, as the case may be, revoked.
5
Any person served with a copy of an application who wishes to oppose it, must notify the applicant and the court administration officer in writing of his opposition and give reasons for it.
6
Any notification under paragraph (5) must be given within 5 working days of the date the application was served on him unless an extension of time is granted under rule 14.
Application for an extension of time
14
1
An application may be made in writing to extend the period of time for notification under rule 10(3), rule 12(7) or rule 13(6) before that period has expired.
2
An application must be accompanied by a statement setting out the reasons why the applicant is unable to give notification within that period.
3
An application must be sent to the court administration officer and a copy of the application must be sent at the same time to the applicant.
Decision of the judge advocate
15
1
The judge advocate may —
a
determine any application made under rule 9 and rules 11 to 14 without a hearing; or
b
direct a hearing of any application.
2
The court administration officer must notify all the parties of the judge advocate’s decision as soon as reasonably practicable.
3
If a hearing of an application is to take place, the court administration officer must notify each party to the proceedings of the time and place of the hearing.
4
The judge advocate may hear and take into account representations made to him by any person who in the judge advocate’s view has a legitimate interest in the application before him.
PART 5 Revocations
Revocations
16
1
The Courts-Martial (Royal Navy, Army and Royal Air Force) (Evidence) Rules 2006 are revoked to the extent that they are not otherwise revoked by the repeal of section 103 of the Army Act 1955 , section 103 of the Air Force Act 1955 or section 58 of the Naval Discipline Act 1957 .
2
The Standing Civilian Courts (Evidence) Rules 2006 are revoked to the extent that they are not otherwise revoked by the repeal of paragraph 12 of Schedule 3 to the Armed Forces Act 1976 .
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
30th July 2009


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Criminal Justice Act 1988 (Application to Service Courts) (Evidence) (Revocation) Order 2009 and comes into force on 31st October 2009.
Revocation
2
The Criminal Justice Act 1988 (Application to Service Courts) (Evidence) Order 2006 is hereby revoked.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
14th April 2009


text:
Citation and commencement
1
This Order may be cited as the Land Registration (Proper Office) Order 2009 and shall come into force on 1 October 2009.
Applications to which this Order applies
2
1
This Order applies to any application to the registrar except an application delivered to the registrar —
a
in accordance with a written arrangement as to delivery made between the registrar and the applicant or between the registrar and the applicant’s conveyancer, or
b
under the provisions of any relevant notice given under Schedule 2 to the Land Registration Rules 2003 .
2
In this article “conveyancer” means —
a
a solicitor,
b
a licensed conveyancer within the meaning of section 11(2) of the Administration of Justice Act 1985 ,
c
a fellow of the Institute of Legal Executives,
d
a barrister,
e
a duly certificated notary public, or
f
a registered European lawyer within the meaning of the European Communities (Lawyer’s Practice) Regulations 2000 who by virtue of regulations 6 and 12 of those Regulations is entitled to prepare for remuneration an instrument creating or transferring an interest in land in England and Wales.
Designation of the proper office
3
1
The proper office for the receipt of an application to which this Order applies is any office of the land registry specified in column 1 of the Schedule which is opposite an administrative area shown in column 2 of the Schedule in which the land to which that application relates is wholly or partly situated.
2
In the Schedule, reference to an office of the land registry does not include any sub-office of that office.
Revocation
4
The Land Registration (Proper Office) Order 2008 is revoked.
Signed by authority of the Lord Chancellor
Michael Wills
Minister of State
Ministry of Justice
9th June 2009


text:
1
These Regulations may be cited as the Air Passenger Duty (Amendment) Regulations 2009 and come into force on 1st November 2009.
2
Amend the Air Passenger Duty Regulations 1994 as follows —
a
in paragraph (1) of regulation 9 (returns) for “the form set out in Schedule 3” substitute “a form specified in a notice published by them (and not withdrawn)”;
b
omit Schedule 3.
3
These amendments only have effect in relation to accounting periods that end on 30th November 2009 or later.
Dave Hartnett
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
21st July 2009


text:
Citation and commencement
1
These Rules may be cited as the Court of Protection (Amendment) Rules 2009 and shall come into force on 1 st April 2009.
Amendments to the Court of Protection Rules 2007
2
The Court of Protection Rules 2007 are amended in accordance with rules 3 to 5.
3
In rule 6, the definition of “P” is amended as follows —
a
after “means”, insert “ — (a)”; and
b
after “court”, insert —
; and
b
a relevant person as defined by paragraph 7 of Schedule A1 to the Act ,
.
4
In rule 51, after paragraph (2) insert —
2A
where an application is made under section 21A of the Act by the relevant person’s representative;
5
After Part 10 insert —
PART 10A DEPRIVATION OF LIBERTY
82A
The practice direction to this Part sets out procedure governing —
a
applications to the court for orders relating to the deprivation, or proposed deprivation, of liberty of P; and
b
proceedings (for example, relating to costs or appeals) connected with or consequent upon such applications.
Sir Mark Potter
27th February 2009
President
I agree
Signed on the authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
5th March 2009


text:
PART 1 PRELIMINARY
Citation and commencement
1
These Rules may be cited as the Armed Forces (Warrants of Arrest for Service Offences) Rules 2009 and come into force on 31st October 2009.
Interpretation
2
1
In these Rules —
“ the Act ” means the Armed Forces Act 2006;
“the applicant” means the person who asks a judge advocate to issue a warrant under rule 23;
“an application” means an application for a warrant;
“civilian police force” means a UK police force or a British overseas territories police force;
“the Director” means the Director of Service Prosecutions;
“ DX ” means document exchange;
“hearing” means a hearing of an application for a warrant;
“the judge advocate” means the judge advocate specified under rule 10 ;
“live link” means an arrangement by which a person, when not in the place where proceedings are being held, is able to see and hear, and to be seen and heard by, the judge advocate during proceedings (and for this purpose any impairment of eyesight or hearing is to be disregarded);
“proceedings” means proceedings under these Rules for the determination of an application;
“relevant person” means the person who is to be arrested under the warrant;
“service court” means the Service Civilian Court, the Court Martial or the Court Martial Appeal Court;
“unit” means —
a naval ship or establishment;
any body of members of Her Majesty’s forces formed under the command of a person appointed to be the commanding officer of the body;
an air force station;
“warrant” means a warrant issued under section —
313(1) for the arrest of a person who is reasonably suspected of having committed a service offence; or
317(1) for the arrest of a person who, having been released under 315(4)(c) or 316(3)(a)(ii), has failed to comply with the condition subject to which he was released.
2
Any reference in these Rules to a numbered section is to that section of the Act, unless otherwise stated.
PART 2 SERVICE OF DOCUMENTS
Interpretation of Part 2
3
1
References in this Part to a requirement that a document be served on a person include any requirement that the document be supplied to the person, however expressed.
2
References in this Part to a person’s agreement to the service of a document in a particular way include his agreement that any document of a description specified by him may be served in that way.
Service on the court administration officer
4
Where under these Rules any document is to be served on the court administration officer, it may be served —
a
by post, DX, fax, electronic mail or other electronic means to any office of the Military Court Service; or
b
on a member of that Service personally, with his agreement.
Service on other individuals
5
Where under these Rules any document is to be served on an individual other than the court administration officer it may be served —
a
on the individual personally;
b
if he is subject to service law, by post in a letter addressed to him at his unit;
c
if he is not subject to service law —
i
by leaving it at his usual or last known place of abode; or
ii
by post in a letter addressed to his usual or last known place of abode.
Service by another method
6
1
A judge advocate may direct that a document may be served by a method other than those mentioned in rules 4 and 5 .
2
A direction under this rule —
a
must specify —
i
the method to be used; and
ii
the date by which the document must be served; and
b
may specify the time on that date by which the document must be served.
3
A judge advocate may treat a document as served if the addressee responds to it, even if it was not served in accordance with these Rules.
Service by fax or electronic means
7
Where a document is served by fax, electronic mail or other electronic means, the person serving it need not provide a paper copy as well.
PART 3 APPLICATIONS
Application
8
1
An application shall be made in writing and shall be addressed to the court administration officer.
2
An application shall include the following —
a
the name, rank or rate, appointment and signature of the applicant;
b
the name, rank or rate (if appropriate) and address of any person who is to give evidence under oath or affirmation in support of the application, if different to the applicant;
c
the name, date of birth and last known location of the relevant person and, where applicable, his rank or rate, service number and unit; and
d
any known addresses at which the relevant person may reside.
3
Where an application is made under section 313(1), an application must also include —
a
details of the service offence which the relevant person is reasonably suspected of having committed; and
b
details of the circumstances which have caused the applicant to consider that there are reasonable grounds for the issue of a warrant for arrest.
4
Where an application is made under section 317(1), an application must also include —
a
a copy of any certificate supplied in accordance with regulations made under section 319 at the time that the relevant person was released; and
b
the details of the conditions imposed when the relevant person was released with which it is alleged he has not complied.
Oral applications
9
1
An application under rule 8 may be made orally with the leave of the Judge Advocate General or a judge advocate.
2
A party who seeks leave to make such an application orally must —
a
give as much notice as the urgency of his application permits to the court administration officer; and
b
in doing so, explain the reasons for —
i
the application; and
ii
seeking leave to make the application orally.
PART 4 PROCEEDINGS: GENERAL
Specification of judge advocate
10
As soon as practicable after receipt of an application, the court administration officer shall request the Judge Advocate General to specify a judge advocate to conduct proceedings in relation to that application.
Requirement for a hearing
11
1
An application under section 313 shall be determined at a hearing.
2
An application under section 317 may be determined at a hearing.
Notification of proceedings
12
The court administration officer must serve notice of any time and place appointed for the commencement or resumption of any proceedings on —
a
the applicant;
b
any person whose details have been given in accordance with rule 8(2)(b) ; and
c
any such other person as the Judge Advocate General or the judge advocate may direct.
Live links
13
1
Any person may (and, if in service custody, must) attend any proceedings by live link, if a judge advocate so directs.
2
A person who attends proceedings by live link, and could give oral evidence in the proceedings if he were in the place where the proceedings are being held, may give evidence by live link.
3
A direction under this rule may be given by any judge advocate.
4
Where a direction is given under this rule in relation to a witness, the witness may not give evidence otherwise than by live link without the leave of the judge advocate.
5
A judge advocate may give a direction under this rule, or give permission for the purposes of paragraph (4) —
a
on an application by a party to the proceedings; or
b
of his own motion.
Record of proceedings
14
1
The relevant information shall be retained by the court administration officer for six years from —
a
the date of execution of the warrant, or
b
the final determination of any related proceedings before an officer or service court,
whichever is the later.
2
For the purposes of this rule —
a
“relevant information” means a copy of —
i
the information provided in writing in accordance with rule 8 ;
ii
the record of any hearing or, where one has been made, a transcription of the hearing;
iii
the written record of the decision made by the judge advocate with respect to the application and the reasons for that decision;
iv
any warrant issued; and
v
any notification that a warrant has been executed; and
b
“related proceedings” means any proceedings before an officer or service court arising from an allegation which indicates, or circumstances which indicate, that the relevant person has or may have committed a service offence to which the application referred.
Interpreters
15
1
The court administration officer may appoint a person to act as interpreter for the purposes of any proceedings.
2
Before an interpreter begins to act, an oath must be administered to him.
3
Before an interpreter is sworn, his name must be read out and any party to the proceedings may object to him on any reasonable ground, and, if the judge advocate upholds any such objection, the interpreter shall not be sworn.
Oaths and affirmations
16
1
This rule applies where under these Rules an oath is required to be administered to a person.
2
Sections 1 and 3 to 6 of the Oaths Act 1978 shall apply, as modified by paragraph (3) , as they would apply if the person were required to take an oath in England and Wales.
3
Where section 1 or 6 of that Act applies by virtue of this rule, the reference in that section to the words of the oath prescribed by law is to be read as a reference to the words prescribed by Schedule 1 for a person of the class to which the person belongs.
Legal representation
17
1
The applicant shall have the right to be legally represented at a hearing.
2
If the applicant requires a legal representative, he shall be represented by the Director.
Circumstances not provided for
18
Subject to any other enactment (including any other provision of these Rules), the judge advocate shall ensure that proceedings are conducted —
a
in such a way as appears to him most closely to resemble the way in which comparable proceedings of a magistrates’ court in England and Wales would be conducted in comparable circumstances; and
b
if he is unable to determine how comparable proceedings of a magistrates’ court in England and Wales would be conducted in comparable circumstances, in such a way as appears to him to be in the interests of justice.
PART 5 HEARINGS
Procedure at the hearing
19
1
The judge advocate shall not be bound at a hearing by any enactment or rule of law relating to the admissibility of evidence in proceedings before courts of law.
2
The judge advocate shall make a record of the hearing unless a court recorder is in attendance.
Presence of witnesses
20
A person who is called to give evidence shall not, except with the consent of the judge advocate, be present at a hearing while not under examination.
Privileges and immunities
21
A witness at a hearing or any other person whose duty it is to attend before the judge advocate at the hearing shall be entitled to the same immunities and privileges as a witness before the High Court in England and Wales.
Decision of the judge advocate
22
1
The judge advocate shall announce his decision and the reasons for it at the end of any hearing and record that decision in writing.
2
The court administration officer shall serve copies of the decision on the applicant and, if the applicant is not the relevant person’s commanding officer, the commanding officer.
PART 6 WARRANTS
Warrant of arrest
23
1
A warrant issued under these Rules must —
a
be addressed to one or more officers of a civilian police force;
b
state —
i
if the warrant is issued under section 313(1), the service offence that the relevant person is reasonably suspected of having committed; or
ii
if the warrant is issued under section 317(1), details of the conditions imposed when the relevant person was released and those with which it is alleged he has not complied;
c
state that he must be transferred to service custody as soon as is practicable after his arrest.
Execution of the warrant
24
1
A person executing a warrant of arrest shall, upon arresting the relevant person —
a
if they have the warrant with them, show it to the relevant person; or
b
otherwise state where the warrant is and what arrangements may be made to allow the relevant person to inspect it;
c
explain in ordinary language the reason for the arrest; and
d
unless he is a constable in uniform, produce documentary proof of his identity.
Notification that the warrant has been executed
25
On receipt of information that the relevant person has been arrested under warrant issued under these Rules, the applicant shall as soon as practicable notify the court administration officer and the relevant person’s commanding officer of that fact and —
a
the physical location of the relevant person; and
b
the date and time of arrest pursuant to the warrant.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
24th April 2009


text:
Citation
1
This Order may be cited as the Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 1) Order 2009.
Commencement in England and Wales
2
The following provisions of the Local Democracy, Economic Development and Construction Act 2009 come into force in England and Wales on the day after this Order is made:
a
section 69(3), (6), (7) and (8) (local authority economic assessment);
b
section 71 (Leaders’ Boards);
c
sections 84 (guidance and directions), 86 (regulations) and 87 (interpretation).
Signed by authority of the Secretary of State for Communities and Local Government
Rosie Winterton
Minister of State
Department for Communities and Local Government
24th November 2009


text:
This Order may be cited as the General Dental Council (Constitution of Committees) Rules Order of Council 2009 and comes into force on 1st October 2009.
Judith Simpson
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Pensions Act 2004 (Code of Practice) (Trustee Knowledge and Understanding) Appointed Day Order 2009.
Appointed day
2
The day appointed for the coming into effect of the Pensions Regulator Code of Practice No. 7: Trustee knowledge and understanding ( TKU ): Second issue is 26th November 2009.
Signed by authority of the Secretary of State for Work and Pensions
Angela Eagle
Minister of State,
Department for Work and Pensions
19th November 2009


text:
Citation
1
This Order may be cited as the Education and Skills Act 2008 (Commencement No. 5) Order 2009.
Provisions coming into force on 12th January 2009
2
Section 79 of the Education and Skills Act 2008 comes into force on 12th January 2010 so far as not already in force.
Iain Wright
Parliamentary Under Secretary of State
Department for Children, Schools and Families
14th December 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Dormant Bank and Building Society Accounts Act 2008 (Commencement and Transitional Provisions) Order 2009.
2
In this Order “the 2008 Act ” means the Dormant Bank and Building Society Accounts Act 2008.
Commencement of provisions
2
Parts 1 (transfer of balances in dormant accounts) and 2 (distribution of money under the general scheme) of the 2008 Act come into force on 12th March 2009.
Transitional provisions
3
1
Until section 1 of the Companies Act 2006 (companies) comes into force, “company” in section 5 of the 2008 Act (functions etc of a reclaim fund) has the meaning given, as respects England and Wales and Scotland, by section 735(1) of the Companies Act 1985 (“company”, etc) and, as respects Northern Ireland, by article 3 of the Companies (Northern Ireland) Order 1986 .
2
Until section 31 of the Companies Act 2006 (statement of company’s objects) comes into force, references in section 5 of, and paragraphs 1 and 2 of Schedule 1 (provision to be made in articles of association of reclaim fund) to, the 2008 Act to articles of association are to be read as references to memorandum of association.
Bob Blizzard
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 2009


text:
Citation, commencement and extent
1
1
This Order may be cited as the European Parliamentary Elections (Loans and Related Transactions and Miscellaneous Provisions) (United Kingdom and Gibraltar) Order 2009.
2
It shall come into force on the day after the day on which it is made.
3
It extends to each part of the United Kingdom and Gibraltar.
2
1
In section 163(11) of the Political Parties, Elections and Referendums Act 2000 (which lists the Parts of that Act that extend to Gibraltar), after paragraph (d), insert —
da
Part 4A (Regulation of Loans and Related Transactions);
.
2
The further amendments to that Act specified in the Schedule shall have effect.
Michael Wills
Minister of State
Ministry of Justice
29th January 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Coroners and Justice Act 2009 (Commencement No. 1 and Transitional Provisions) Order 2009.
2
In this Order —
“the 2009 Act ” means the Coroners and Justice Act 2009;
“the 1998 Act ” means the Crime and Disorder Act 1998 ;
“the 1984 Act ” means the Police and Criminal Evidence Act 1984 ;
“live link bail” has the same meaning as in section 46ZA(1) of the 1984 Act; and
“a live link direction” is a direction given by a court under Part 3A of the 1998 Act (live links for accused’s attendance at certain preliminary and sentencing hearings).
Commencement
2
The following provisions of the 2009 Act shall come into force on 14th December 2009 —
a
in section 106 (directions to attend through live link) —
i
subsections (2) and (5);
ii
subsection (4); and
iii
subsection (1) so far as it relates to those subsections;
b
section 109 (use of live link in certain enforcement hearings); and
c
section 110 (direction of registrar for appeal hearing by live link).
Commencement for certain areas
3
1
The following provisions of the 2009 Act shall come into force on 14th December 2009 in the relevant local justice areas —
a
in section 106, subsection (3), and subsection (1) so far as it relates to that subsection;
b
section 107 (answering to live link bail); and
c
section 108 (searches of persons answering to live link bail).
2
The relevant local justice areas are —
a
in London: Barking and Dagenham; Barnet; Bexley; Brent; Bromley; Camden and Islington; City of London; City of Westminster; Croydon; Ealing; Enfield; Greenwich and Lewisham; Hackney and Tower Hamlets; Hammersmith and Fulham and Kensington and Chelsea; Haringey; Harrow Gore; Havering; Hillingdon; Hounslow; Kingston-upon-Thames; Lambeth and Southwark; Merton; Newham; Redbridge; Richmond-upon-Thames; Sutton; Waltham Forest; and Wandsworth; and
b
in Kent: Central Kent; East Kent; and North Kent.
Transitional provisions
4
1
The amendments which come into force by virtue of article 2(a)(i) and (iii) of this Order to section 57B (use of live link at preliminary hearings where accused is in custody) and section 57E (use of live link in sentencing hearings) of the 1998 Act shall have no effect in relation to a live link direction given before the relevant date.
2
The amendments which come into force by virtue of article 3(1)(a) of this Order to section 57C of the 1998 Act (use of live link at preliminary hearings where accused is at police station) shall have no effect in relation to a relevant hearing.
3
A relevant hearing is a preliminary hearing —
a
in relation to which the court has power to give a live link direction under section 57C(2) of the 1998 Act because subsection (4) of that section applies to the accused; and
b
that accused is at a police station on or after the relevant date to answer to live link bail granted before the relevant date.
4
The amendments which come into force by virtue of article 3(1)(b) of this Order to —
a
section 46ZA of the 1984 Act (answering to live link bail); and
b
section 46A of that Act (power of arrest for failure to answer to police bail),
shall have no effect in relation to an accused person who attends a police station on or after the relevant date to answer to live link bail granted before the relevant date.
5
In this article, the relevant date is 14th December 2009.
Signed by the authority of the Secretary of State
Claire M Ward
Parliamentary Under Secretary of State
Ministry of Justice
2nd December 2009


text:
Citation and commencement
1
This Order may be cited as the Civil Enforcement of Parking Contraventions (County of Staffordshire) (Districts of Cannock Chase, Lichfield, South Staffordshire and Tamworth) Designation Order 2009 and shall come into force on 23rd March 2009.
Designation of civil enforcement area and special enforcement area
2
The Secretary of State designates the area described in the Schedule as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
14th February 2009


text:
Citation, commencement and extent
1
1
This Order may be cited as the Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2009; it extends to England and Wales and comes into force on 19th June 2009.
2
In this article —
a
England and Wales includes the sea adjacent to England and Wales out as far as the seaward boundary of the territorial sea; and
b
the sea adjacent to Wales has the same meaning as in section 158 of the Government of Wales Act 2006 .
Designation
2
The following Directives are designated as relevant directives for the purposes of paragraph 20(2)(c) of Schedule 1 to the Pollution Prevention and Control Act 1999 —
a
Directive 2000/60/EC of the European Parliament and of the Council (establishing a framework for Community action in the field of water policy ), and
b
Directive 2006/118/EC of the European Parliament and of the Council (on the protection of groundwater against pollution and deterioration ).
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
17th June 2009
Jane Davidson
Minister for Environment, Sustainability and Housing One of the Welsh Ministers
17th June 2009


text:
1
This Order may be cited as the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2009 and shall come into force on the 3rd April 2009.
2
This Order extends to England and Wales and Northern Ireland.
3
Bulgaria and Romania are designated as participating countries under section 51(2)(b) of the 2003 Act for the purposes of sections 4, 4B , 31, 32, 35, 43, 44, 45, 47 and 48 of, and paragraph 15 of Schedule 2 to, that Act.
4
Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia are designated as participating countries under section 51(2)(b) of the 2003 Act for the purposes of sections 4, 4B, 31, 47 and 48 of, and paragraph 15 of Schedule 2 to, that Act.
Lord West of Spithead
Parliamentary Under Secretary of State
Home Office
10th March 2009


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Planning (Hazardous Substances) (Amendment) (England) Regulations 2009 and shall come into force on 1st October 2009.
2
These Regulations apply in relation to England only.
3
In these Regulations —
“the Hazardous Substances Act ” means the Planning (Hazardous Substances) Act 1990; and
“the Hazardous Substances Regulations ” means the Planning (Hazardous Substances) Regulations 1992 .
Amendment of the Planning (Hazardous Substances) Regulations 1992
2
1
The Hazardous Substances Regulations are amended as follows.
2
In regulation 2(1) (interpretation), in the definition of “the Directive”, after “substances” insert “(as amended by Council Directive 2003/105/ EC )”.
3
In regulation 4(6) (exemptions) for “6, 14, 35 and 39” substitute “10, 18, 39 and 43”.
4
For Schedule 1 (hazardous substances and controlled quantities) substitute Schedule 1 set out in the Schedule to these Regulations.
Transitional provision: existing consents
3
1
This regulation applies to a substance, mixture or preparation within the meaning of regulation 3 of the Hazardous Substances Regulations, named or categorised in a hazardous substances consent granted (or deemed to be granted) before the coming into force of these Regulations where —
a
the name or categorisation of that substance, mixture or preparation in column 1 of Part A or Part B of Schedule 1 to the Hazardous Substances Regulations as it exists before the coming into force of these Regulations will be renamed or re-categorised as a result of the coming into force of these Regulations; and
b
the hazardous substances consent is extant in relation to the substance, mixture or preparation concerned immediately before the coming into force of these Regulations.
2
As regards a substance, mixture or preparation to which this regulation applies, the amendments made by these Regulations may be disregarded in construing the hazardous substances consent in so far as it relates to that substance, mixture or preparation or its controlled quantity.
3
Paragraph (2) ceases to apply where the hazardous substances consent in relation to that substance, mixture or preparation or its controlled quantity is varied by the hazardous substances authority on or after the 1st October 2009.
Transitional exemptions
4
1
No offence is committed under section 23 of the Hazardous Substances Act before 1st April 2010 and no hazardous substances contravention notice may be issued before that date in relation to a hazardous substance which is on, over or under any land, if —
a
the substance was present on, over or under the land at any time within the period of 12 months ending on 1st October 2009 and was not a substance or quantity of substance for which hazardous substances consent was required before that date; and
b
the substance is not present during the period beginning on 1st October 2009 and ending on 31st March 2010 in a quantity greater in aggregate than the established quantity.
2
In paragraph (1) “the established quantity”, in relation to any land, means the maximum quantity which was present on, over or under the land at any one time within the period of 12 months ending on 1st October 2009.
Signed by authority of the Secretary of State for Communities and Local Government
Ian Austin
Parliamentary Under Secretary of State
Department for Communities and Local Government
15th July 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Finance Act 2008, Schedule 36 (Appointed Day and Savings) Order 2009.
2
In this Order a reference to a paragraph (without more) is a reference to that paragraph of Schedule 36 to the Finance Act 2008.
Appointed day
2
The day appointed for the coming into force of Schedule 36 to the Finance Act 2008 is 1st April 2009.
Savings
3
Where a notice is given under section 19A of the Taxes Management Act 1970 (“ TMA 1970 ”) (power to call for documents for purposes of enquiries) on or before 31st March 2009, for the purposes of that notice —
a
the provisions contained in that section and in section 97AA of TMA 1970 (penalties for failure to produce documents under section 19A) shall continue to have effect on and after 1st April 2009;
b
the amendments made by paragraphs 71 and 75 (consequential amendments) shall be disregarded.
4
Where a notice is given under section 20 of TMA 1970 (power to call for documents of taxpayer and others) on or before 31st March 2009, for the purposes of that notice —
a
the provisions contained in that section and in section 20BB of TMA 1970 (offence of falsification etc. of documents) shall continue to have effect on and after 1st April 2009;
b
the amendments made by paragraphs 68, 70 and 76 (consequential amendments) shall be disregarded.
5
Where a notice is given under paragraph 6 of Schedule 1A to TMA 1970 (power to call for documents for the purposes of enquiries) on or before 31st March 2009, for the purposes of that notice —
a
the provisions contained in paragraphs 6 and 6A (power to appeal against notice to produce documents) of that Schedule shall continue to have effect on and after 1st April 2009;
b
the amendments made by paragraphs 72 and 75 (consequential amendments) shall be disregarded.
6
Where a notice is given under section 767C of the Income and Corporation Taxes Act (change in company ownership: information) on or before 31st March 2009, for the purposes of that notice —
a
the provisions contained in that section shall continue to have effect on and after 1st April 2009;
b
the amendments made by paragraph 73(a), 80, 81 and 82 (consequential amendments) shall be disregarded.
7
Where a notice is given under paragraph 27 of Schedule 18 to the Finance Act 1998 (company tax returns) on or before 31st March 2009, the provisions contained in paragraphs 27, 28 and 29 of that Schedule (notice to produce documents etc. for purposes of enquiry into company tax return, power to appeal against such notices and penalty for failure to produce such documents etc.) shall continue to have effect on and after 1st April 2009 for the purposes of that notice.
8
Where a notice is given for the purposes of regulation 5 (amendment of syndicate determinations and HMRC enquiries) of the Lloyd’s Underwriters (Tax) Regulations 2005 on or before 31st March 2009, the provisions of paragraphs 27 to 29 of Schedule 18 to the Finance Act 1998 shall continue to have effect on and after 1st April 2009, with appropriate modification, for the purposes of that regulation.
9
In relation to a notice given on or before 31st March 2009, for the purposes of the application of section 20 of TMA 1970 (with sections 20B and 20BB of that Act) to —
a
section 110ZA of the Social Security Administration Act 1992 (Class 1, 1A, 1B or 2 contributions: powers to call for documents etc ),
b
section 104ZA of the Social Security Administration (Northern Ireland) Act 1992 (Class 1, 1A, 1B or 2 contributions: powers to call for documents etc), and
c
section 25 of the Tax Credits Act 2002 (payments of working tax credit by employers),
the amendments made respectively by paragraphs 84, 85 and 90 shall be disregarded.
10
In relation to a notice given on or before 31st March 2009, for the purposes of the application of —
a
subsections (1) to (8) and 8(C) to 9 of section 20 of TMA 1970 (powers to call for information relevant to liability to income tax, corporation tax or capital gains tax), and
b
sections 20B, 20BB and 20D of that Act so far as relating to those subsections,
to section 174 of the Finance Act 2006 (international tax enforcement arrangements: information powers), the amendments made by paragraph 91 shall be disregarded.
11
Where a notice is given on or before 31st March 2009, the amendments made by paragraph 78 (amendment to section 12(3) (secrecy) of the National Savings Bank Act 1971 ) shall be disregarded so far as they affect the notice.
12
In consequence of the preceding provisions of this Order, the amendments made by paragraph 92 shall be disregarded so far as they affect any notice referred to in those provisions, given on or before 31st March 2009.
Bob Blizzard
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
26th February 2009


text:
Citation and commencement
1
These Regulations may be cited as the Armed Forces (Minor Punishments and Limitation on Power to Reduce in Rank) Regulations 2009 and shall come into force on 31st October 2009.
Minor punishments available to the Court Martial and commanding officers
2
The first column of the following Table lists the minor punishments that may be awarded by the Court Martial or by a commanding officer who has heard a charge summarily, subject in the case of each punishment to any limitation shown in the second column opposite it.
Table
Punishment Limitation
a stoppage of leave order only if the offender is below the rank or rate of warrant officer a restriction of privileges order only if the offender is an able rate, marine, soldier, airman or military officer cadet an admonition
Stoppage of leave order
3
1
A stoppage of leave order is an order that the offender shall not leave a relevant place on a specified number of days without the permission of his commanding officer.
2
The specified number of days shall not exceed 14.
3
The commanding officer shall decide the dates on which each of the specified number of days is to fall.
4
Each date decided under paragraph (3) shall either be a calendar date or a date identified by reference to the occurrence of a particular event or circumstance.
5
The commanding officer shall —
a
make the decision under paragraph (3) not more than 48 hours after the punishment is awarded; and
b
shall inform the offender of his decision as soon as practicable after he makes it.
6
The latest date decided under paragraph (3) shall fall no later than 28 days after the date on which the order is awarded.
7
The commanding officer may give permission under paragraph (1) at any time after the order is awarded and before the end of the day to which the permission relates.
8
In this regulation “relevant place” means —
a
a naval ship or establishment;
b
a military establishment; or
c
an air force station.
Restriction of privileges order
4
1
Subject to paragraph (8), a restriction of privileges order is an order that on a specified number of days the offender shall perform such extra duties as his commanding officer shall decide.
2
In this regulation “extra duties” means work, training or any other duty performed by the offender at times when he would not otherwise be required to perform any duty.
3
The specified number of days shall not exceed 14.
4
The commanding officer shall decide the dates on which each of the specified number of days is to fall.
5
Each date decided under paragraph (4) shall either be a calendar date or a date identified by reference to the occurrence of a particular event or circumstance.
6
The commanding officer shall —
a
make the decision under paragraph (4) not more than 48 hours after the punishment is awarded; and
b
inform the offender of his decision as soon as practicable after he makes it.
7
The latest date decided under paragraph (4) shall fall no later than 28 days after the date on which the order is awarded.
8
The offender shall not spend more than a total of five and a half hours performing extra duties on each day of the specified number.
Prohibited combinations of punishments
5
1
Paragraphs (2) to (4) apply where a commanding officer awards a minor punishment in respect of an offender.
2
If he awards a stoppage of leave order, the only additional punishments he may award are —
a
a fine;
b
a severe reprimand or a reprimand;
c
a restriction of privileges order;
d
a service compensation order.
3
If he awards a restriction of privileges order, the only additional punishments he may award are —
a
a fine;
b
a stoppage of leave order;
c
a service compensation order.
4
If he awards an admonition, the only additional punishment he may award is a service compensation order.
Power to direct that a minor punishment shall take effect at a later date
6
When awarding a minor punishment other than an admonition, the Court Martial or a commanding officer may direct that the punishment shall be treated as if it were awarded at a time not later than 28 days after it was awarded. In that event, any reference in these Regulations to when an order is awarded shall be construed as a reference to when, in accordance with this regulation, it is to be treated as awarded.
Delegations
7
1
Subject to paragraphs (2) and (3), a commanding officer may delegate any function conferred on him by these Regulations in relation to a punishment to any person subject to service law who is of or above the rank of naval lieutenant, military or marine captain or flight lieutenant.
2
The commanding officer may only delegate a function under regulation 3(3) or 4(4) to the person who hears the charge to which the punishment relates.
3
The commanding officer may delegate his function under regulation 4(1) (deciding the extra duties which the offender shall perform) to any person subject to service law who is of or above the rank or rate of chief petty officer, marine colour sergeant, military staff sergeant or flight sergeant.
Limitation on power to reduce an offender in rank
8
A member of any of Her Majesty’s air forces may not be reduced under section 164 of the Armed Forces Act 2006 to a rank which is lower than the highest rank he has held in that force as an airman.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
7th May 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 5) Regulations 2009.
2
Subject to paragraph (3), these Regulations come into force on 25th January 2010.
3
Regulations 2(1) and 3(2)(c) and (d) and (5)(a), so far as they relate to a particular beneficiary who is not a person falling within regulation 2(2), come into force on the first day of the first benefit week to commence for that beneficiary on or after 25th January 2010.
4
In these Regulations —
“benefit week” —
in relation to income support, has the same meaning as in regulation 2(1) of the Income Support Regulations ;
in relation to a jobseeker’s allowance, has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations ;
in relation to an employment and support allowance, has the same meaning as in regulation 2(1) of the Employment and Support Allowance Regulations ;
“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008 ;
“the Immigration and Asylum Regulations ” means the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ; and
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 .
Abolition (subject to savings) of urgent case payments
2
1
Subject to paragraphs (2) to (4), the following provisions are revoked —
a
Part 6 of the Income Support Regulations (urgent cases) ;
b
Part 10 of the Jobseeker’s Allowance Regulations (urgent cases) ;
c
regulation 12(3) of the Immigration and Asylum Regulations (transitional arrangements and savings) ;
d
Part 13 of the Employment and Support Allowance Regulations (urgent cases) .
2
The provisions referred to in paragraph (1) (“the relevant provisions”) continue to have effect in relation to a person who, on the day before the day on which these Regulations come into force, is a person (“P”) to whom regulation 70(2)(b) of the Income Support Regulations, regulation 147(2)(b) of the Jobseeker’s Allowance Regulations or (as the case may be) regulation 162(2) of the Employment and Support Allowance Regulations applies.
3
Where on the day before the day on which these Regulations come into force P falls within paragraph 1 of Part 1 of the Schedule to the Immigration and Asylum Regulations, the relevant provisions continue to have effect in relation to P until —
a
the expiry of the period, or the aggregate of any periods, of 42 days during any one period of leave to which paragraph 1 of Part 1 of that Schedule applies, or
b
the day on which P no longer falls within paragraph 1 of Part 1 of that Schedule,
whichever shall first occur.
4
In any other case, the relevant provisions continue to have effect in relation to P until the day on which regulation 70(2)(b) of the Income Support Regulations, regulation 147(2)(b) of the Jobseeker’s Allowance Regulations or (as the case may be) regulation 162(2) of the Employment and Support Allowance Regulations ceases to apply to P.
Abolition of urgent case payments: supplementary provisions
3
1
The following consequential amendments have effect.
2
In the Income Support Regulations —
a
in regulation 17(1) (applicable amounts) omit “and 70” and “and urgent cases”;
b
in regulation 18(1) (polygamous marriages) omit “and 70” and “and urgent cases”;
c
after regulation 22A (reduction in applicable amount where the claimant is appealing against a decision which embodies a determination that he is not incapable of work) insert —
Period for which applicable amount is to be calculated where person not excluded from income support under section 115 of the Immigration and Asylum Act 1999
22B
Where paragraph 1 of Part 1 of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 applies in respect of entitlement to income support, the period for which a claimant’s weekly applicable amount is to be calculated shall be any period, or the aggregate of any periods, not exceeding 42 days during any one period of leave to which that paragraph of that Part of the Schedule to those Regulations applies.
;
d
in Schedule 1B (prescribed categories of person) , for paragraph 21 substitute —
Persons from abroad
21
A person not excluded from entitlement to income support under section 115 of the Immigration and Asylum Act 1999 by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 except for a person to whom paragraphs 2, 3 and 4 of Part 1 of the Schedule to those Regulations applies.
.
3
In the Jobseeker’s Allowance Regulations —
a
in regulation 83 (applicable amounts) omit “or Part X” and “and urgent cases”;
b
in regulation 84(1) (polygamous marriages) omit “or Part X”;
c
in regulation 86A (applicable amounts for joint-claim couples) omit “or Part X (urgent cases)”;
d
in regulation 86B (applicable amounts for joint-claim couples: polygamous marriages) omit “or Part X (urgent cases)”.
4
In the Employment and Support Allowance Regulations —
a
in regulation 67(1) (prescribed amounts) omit “and 163” and “and urgent cases”;
b
in regulation 68(1) (polygamous marriages) omit “and 163” and “and urgent cases”.
5
In regulation 2 of the Immigration and Asylum Regulations (persons not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999) —
a
for paragraph (5) substitute —
5
For the purposes of entitlement to income support, a jobseeker’s allowance, an employment and support allowance or a social fund payment under the Contributions and Benefits Act, as the case may be, a person who is an asylum seeker within the meaning of paragraph (4) of regulation 12 who has not ceased to be an asylum seeker by virtue of paragraph (5) of that regulation is a person to whom section 115 of the Act does not apply.
;
b
in paragraph (8), for the words “state pension credit, the period for which a claimant’s state pension credit” substitute “income-related employment and support allowance, or state pension credit, as the case may be, the period for which a claimant’s income-related employment and support allowance, or state pension credit, as the case may be,”.
Revocation (subject to savings) of provisions specifying that certain persons are to be treated as not engaged in remunerative work
4
1
Subject to paragraphs (3) to (7), the following provisions are revoked —
a
in the Income Support Regulations —
i
regulation 6(4)(a) and (d) (persons not treated as engaged in remunerative work) , and
ii
paragraphs 8 and 9 of Schedule 1B (prescribed categories of persons) ;
b
in the Jobseeker’s Allowance Regulations —
i
regulation 53(c) and (h) (persons treated as not engaged in remunerative work) , and
ii
paragraphs 7 and 8 of Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in section 1(2B)(b));
c
regulation 43(2)(a) and (d) of the Employment and Support Allowance Regulations (circumstances under which partners of claimants entitled to an income-related allowance are not to be treated as engaged in remunerative work).
2
Regulations 22 to 24 (saving provision, circumstances in which regulation 22 ceases to apply and permitted period) of the Income Support (General) Amendment No. 4 Regulations 1991 are also revoked.
3
Paragraphs (4) to (6) apply to a person (“P”) who in respect of a period which includes the day before the date on which these Regulations come into force —
a
is entitled to a specified benefit (irrespective of whether P claims the benefit before, on or after that day), and
b
falls within one of the provisions referred to in paragraph (1).
4
Where the specified benefit is income support, regulation 6(4)(a) and (d) of, and paragraphs 8 and 9 of Schedule 1B to, the Income Support Regulations continue to have effect in relation to P’s entitlement to that benefit.
5
Where the specified benefit is a jobseeker’s allowance, regulation 53(c) and (h) of, and paragraphs 7 and 8 of Schedule A1 to, the Jobseeker’s Allowance Regulations continue to have effect in relation to P’s entitlement to that benefit.
6
Where the specified benefit is an employment and support allowance, regulation 43(2)(a) and (d) of the Employment and Support Allowance Regulations continue to have effect in relation to P’s entitlement to that benefit.
7
The provisions saved by paragraphs (4), (5) and (6) continue to have effect in relation to P’s entitlement to the specified benefit until the day on which —
a
P first ceases to fall within a provision referred to in paragraph (1), or,
b
P first ceases to be entitled to that benefit,
whichever shall first occur.
8
In this regulation “specified benefit” means income support, a jobseeker’s allowance or an employment and support allowance.
Signed by authority of the Secretary of State for Work and Pensions
Jim Knight
Minister of State
Department for Work and Pensions
5th December 2009


text:
Citation and commencement
1
1
This Order may be cited as the Berwick upon Tweed (Closure of Spittal Quay) Harbour Revision Order 2009 and comes into force on 31st December 2009.
2
The Berwick upon Tweed Harbour Acts and Orders 1862 to 2009 and this Order may be cited together as the Berwick upon Tweed Harbour Acts and Orders (Revised) 1862 to 2009.
Interpretation
2
1
In this Order —
“ the Commissioners ” means the Berwick Harbour Commissioners;
“the Order of 1913 ” means the Berwick upon Tweed Harbour Order 1913 contained in the schedule to the Pier and Harbour Orders Confirmation (No.1) Act 1913 ;
“ the quay ” means the quay which is known by the name Spittal Quay and which was authorised to be constructed and maintained by the Commissioners by the Order of 1913; and
“ the quay land ” means the area of land in the River Tweed bounded by an imaginary line commencing on the river wall at a point at NU0100051954 then extending in a straight line in a northerly direction to a point at NU0110051968 then extending in a straight line in an easterly direction to a point at NU0219551928 then extending in a straight line in a southerly direction to the river wall at a point at NU0216051911 and then returning in a straight line in a westerly direction along the river wall to the point of commencement.
2
Reference points specified in paragraph (1) are Ordnance Survey National Grid reference points.
The appointed day
3
1
In this Order, “the appointed day” means such day as the Commissioners may by resolution appoint.
2
The appointed day must not be sooner than two months after the date of the resolution referred to in paragraph (1).
3
Not less than 28 days before the appointed day the Commissioners must publish in Lloyd’s List newspaper and in at least one local newspaper circulating in Berwick upon Tweed a notice containing a copy of that resolution.
Power to close the quay
4
Notwithstanding any enactment or rule of law, on the appointed day —
a
the Commissioners may close the quay and after that dismantle, demolish and remove the whole or any part of the quay and any works or conveniences connected with it;
b
the quay and the quay land cease to be part of the harbour undertaking authorised by the Berwick upon Tweed Harbour Acts and Orders (Revised) 1862 to 2009.
.Power to sell etc. land
5
1
Without prejudice to the powers contained in section 22 of the Berwick upon Tweed Harbour Act 1862 and section 9 of the Order of 1913, the Commissioners may sell, lease or otherwise dispose of the quay land and any land used at any time in connection with the quay (being in any such case land which is vested in the Commissioners) on such terms and conditions as they see fit.
2
In paragraph (1) “land” includes any interest in land.
Amendment and repeals of Order of 1913
6
On the appointed day —
a
section 21 of the Order of 1913 is amended as follows —
i
omit “(including the quay)”, and
ii
for “portions”, substitute “the whole or any part”;
b
sections 6, 11 to 14, 16 to 20, 26 and 59 to 63 of the Order of 1913 are revoked.
Amendment of the Berwick upon Tweed Harbour Revision (Constitution) Order 2009
7
Article 5 of the Berwick upon Tweed Harbour Revision (Constitution) Order 2009 is amended as follows —
a
omit subparagraph (a) from paragraph (4);
b
after paragraph (4) insert —
5
As soon as reasonably practicable after the Berwick upon Tweed (Closure of Spittal Quay) Harbour Revision Order 2009 comes into force, the Commissioners must specify three of the first such appointed Commissioners for the purposes of this paragraph, and those three Commissioners then hold office until 31st May 2011 notwithstanding any previous effect of paragraph (4).
.
Signed by authority of the Secretary of State for Transport
R C Bennett
Head of Ports Division
Department for Transport
18th December 2009


text:
Citation and interpretation
1
This Order may be cited as the Armed Forces Act 2006 (Commencement No. 4) Order 2009.
2
In this Order “ the Act ” means the Armed Forces Act 2006.
Commencement
3
The following provisions of the Act shall come into force on 28th March 2009 —
a
the whole Act, except section 351 and Schedule 12, so far as is necessary for the purpose of enabling —
i
the Defence Council to make regulations,
ii
the Secretary of State to make orders, regulations and rules,
iii
Royal Warrants to be made, and
iv
Orders in Council to be made,
under the Act or under any other Act modified or amended by the Act;
b
the whole Act so far as is necessary for the purpose of enabling the Defence Council to make appointments under the Act;
c
section 370 and Schedule 15 so far as is necessary for enabling the Defence Council, or an officer authorised by the Defence Council, to make designations for the purposes of paragraph 7 of Schedule 15.
Kevan Jones
Permanent Under Secretary of State
Ministry of Defence
27th March 2009


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment) Regulations 2009 and shall come into force on 6th April 2009.
Amendment of the Social Security (Contributions) Regulations 2001
2
The Social Security (Contributions) Regulations 2001 are amended as follows.
3
1
Amend regulation 11 (prescribed equivalents) as follows.
2
In paragraph (1) —
a
at the end of sub-paragraph (a) omit “and”;
b
after sub-paragraph (a) insert —
aa
section 22 of the Act (earnings factors) ; and
; and
c
for sub-paragraph (b) substitute —
b
sections 41(1) (reduced rates of Class 1 contributions), 42A(1) (reduced rates of Class 1 contributions and rebates) and 45(1) (amount of minimum contributions) of the Pensions Act ,
.
3
After paragraph (1) insert —
1A
The prescribed equivalents of the upper accrual point for the purposes of —
a
section 22 of the Act (earnings factors); and
b
sections 41(1) (reduced rates of Class 1 contributions), 42A(1) (reduced rates of Class 1 contributions and rebates) and 45(1) (amount of minimum contributions) of the Pensions Act,
shall be determined in accordance with paragraphs (2), (4) and (5).
.
4
In paragraph (2) for the introductory words and sub-paragraph (a) substitute —
2
Subject to paragraphs (4) and (5), the prescribed equivalents of the lower earnings limit and the upper accrual point shall be —
a
where the earnings period is a multiple of a week, the amounts calculated by multiplying the lower earnings limit or the upper accrual point (“the weekly limits”) by the corresponding multiple;
.
5
After paragraph (2) insert —
2A
Subject to paragraphs (4) and (5), the prescribed equivalents of the upper earnings limit shall be —
a
where the earnings period is a month, £3,656;
b
where the earnings period is a year, £43,875;
c
where the earnings period is a multiple of a week, the amount calculated by dividing the figure in sub-paragraph (b) by 52 and multiplying the result by the corresponding multiple;
d
where the earnings period is a multiple of a month, the amount calculated by dividing the figure in sub-paragraph (b) by 12 and multiplying the result by the corresponding multiple;
e
in any other case, the amount calculated by dividing the figure in sub-paragraph (b) by 365 and multiplying the result by the number of days in the earnings period concerned.
.
6
Amend paragraph (3) as follows —
a
in sub-paragraph (a) for “£453” substitute “£476”; and
b
in sub-paragraph (b) for “£5,435” substitute “£5,715”.
7
For paragraph (4) substitute —
4
The amounts determined in accordance with paragraphs (2)(b) and (c), paragraph (2A)(c) and (d) and paragraph (3)(c) and (d) if not whole pounds, shall be rounded up to the next whole pound.
.
8
In paragraph (5) for “paragraph (2)(d) and paragraph (3)(e)” substitute “paragraph (2)(d), paragraph (2A)(e) and paragraph (3)(e)”.
9
After paragraph (5) insert —
6
The following provisions of this regulation do not apply to Northern Ireland —
a
paragraph (1A), and
b
both references to “the upper accrual point” in paragraph (2), so that the term “the weekly limits” shall be read as referring only to the lower earnings limit in relation to Northern Ireland.
.
4
1
Amend Schedule 4 (provisions derived from the Income Tax Acts and the Income Tax (Pay As You Earn) Regulations 2003) as follows.
2
In paragraph 7(13)(b) (calculation of deduction) —
a
in paragraph (iii) for “current upper earnings limit” substitute “upper accrual point”, and
b
after paragraph (iii) insert —
iiia
earnings which exceed the upper accrual point but do not exceed the current upper earnings limit,
.
3
In paragraph 9(1) (certificate of contributions paid) —
a
in paragraph (c) for “current upper earnings limit” substitute “upper accrual point”, and
b
after paragraph (c) insert —
ca
the amount of any earnings in respect of which primary Class 1 contributions were payable which exceed the upper accrual point but do not exceed the current upper earnings limit, other than earnings from non-contracted-out employment in respect of which primary Class 1 contributions were payable at the reduced rate;
.
4
In paragraph 22(1)(c)(i) (return by employer at end of year) for “(iii)” substitute “(iiia)”.
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
28th January 2009
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
28th January 2009


text:
1
This Order may be cited as the Immigration (Designation of Travel Bans) (Amendment) Order 2009 and shall come into force on 11 December 2009.
2
For the Schedule to the Immigration (Designation of Travel Bans) Order 2000 substitute the Schedule to this Order.
3
The Immigration (Designation of Travel Bans) (Amendment) Order 2008 is revoked.
Phil Woolas
Minister of State
Home Office
15th November 2009


text:
Citation
1
This Order may be cited as the Pensions Act 2004 (Commencement No. 6, Transitional Provisions and Savings)(Amendment) Order 2009.
Amendment of the Pensions Act 2004 (Commencement No. 6, Transitional Provisions and Savings) Order 2005
2
1
In article 4 (transitional provisions) of the Pensions Act 2004 (Commencement No. 6, Transitional Provisions and Savings) Order 2005 , omit paragraph (8).
2
The amendment made by paragraph (1) comes into effect on 26th June 2009.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle,
Minister of State,
Department for Work and Pensions
25th June 2009