type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Application of Pension Legislation to the National Employment Savings Trust Corporation Regulations 2011 and shall come into force on 6th April 2011.
2
In these Regulations —
“the corporation” means the National Employment Savings Trust Corporation established under section 75(1) of the Pensions Act 2008 .
The Application of the Occupational Pension Schemes (Disclosure of Information) Regulations 1996
2
The Occupational Pension Schemes (Disclosure of Information) Regulations 1996 apply in relation to the corporation as if —
a
in regulation 1(2) (interpretation) the following words were inserted in the appropriate place —
“the corporation” means the National Employment Savings Trust Corporation established under section 75(1) of the Pensions Act 2008 ;
;
b
for paragraphs 6 and 7 of Schedule 1 (basic information about the scheme) there was substituted —
6
1
Where a member of the scheme is a member in relation to an employer, a summary of the contributions that the member and the employer are required to pay under Chapter 1 of Part 1 of the Pensions Act 2008 and the scheme rules.
2
Where a member of the scheme is a member otherwise than in relation to an employer, a statement as to the contributions currently payable by, on behalf of or in respect of, the member, as notified by the member to the corporation.
3
Where applicable, a statement of the maximum amount of contributions that may be paid to the scheme by, or on behalf of or in respect of, a member of the scheme in any tax year.
4
For the purposes of sub-paragraph (1), “the scheme rules” means the National Employment Savings Trust Order 2010 and the rules made under section 67 of the Pensions Act 2008 .
; and
c
for paragraph 16 of Schedule 3 (information to be included in annual report) there was substituted —
16
1
A statement —
a
listing the hundred largest investments by value held by the scheme as at the end of the scheme year and stating what percentage of the resources of the scheme each such investment represents;
b
identifying which of the investments referred to in paragraph (a) are employer-related investments; and
c
if, as at the end of the scheme year, more than 5% of the resources of the scheme are invested in employer-related investments in contravention of subsection (1) of section 40 of the 1995 Act in relation to a particular employer —
i
listing those employer-related investments and the name of the employer concerned;
ii
as to the steps the corporation has taken or proposes to take to ensure that the percentage is reduced to 5% or less; and
iii
as to the time when any proposed steps will be taken.
2
In sub-paragraph (1), “employer-related investments” has the same meaning as in subsection (2) of section 40 of the 1995 Act but as if the following words in subsection (2) were omitted —
a
in paragraph (a), “or by any person who is connected with, or an associate of, the employer”; and
b
“or any such person”, in each place where they occur.
.
Application of the Occupational Pension Schemes (Requirement to obtain Audited Accounts and a Statement from the Auditor) Regulations 1996
3
The Occupational Pension Schemes (Requirement to obtain Audited Accounts and a Statement from the Auditor) Regulations 1996 apply in relation to the corporation as if for paragraph 5 of the Schedule there was substituted —
5
1
A statement —
a
listing the hundred largest investments by value held by the scheme as at the end of the scheme year and stating what percentage of the resources of the scheme each such investment represents;
b
identifying which of the investments referred to in paragraph (a) are employer-related investments; and
c
if, as at the end of the scheme year, more than 5% of the resources of the scheme are invested in employer-related investments in contravention of subsection (1) of section 40 of the Pensions Act 1995, listing the employer-related investments and the name of the employer concerned.
2
In sub-paragraph (1), “employer-related investments” has the same meaning as in subsection (2) of section 40 of the 1995 Act but as if the following words in subsection (2) were omitted —
i
in paragraph (a), “or by any person who is connected with, or an associate of, the employer”; and
ii
“or any such person”, in each place where they occur.
.
Application of the Occupational Pension Schemes (Investment) Regulations 2005
4
The Occupational Pension Schemes (Investment) Regulations 2005 apply in relation to the corporation as if for paragraph (2) of regulation 5 there was substituted —
2
Paragraph (1) does not preclude borrowing made by the National Employment Savings Trust Corporation for the purpose of —
a
providing liquidity for a pension scheme established under section 67 of the Pensions Act 2008 and on a temporary basis; or
b
meeting costs of establishing, administering or managing that pension scheme,
or for both of those purposes.
.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
5th March 2011


text:
Citation and commencement
1
This Order may be cited as the Traffic Management (London Borough of Harrow) Permit Scheme Order 2011 and comes into force on 5th September 2011.
Interpretation
2
In this Order —
“the London Borough of Harrow 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 Harrow 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 Harrow Permit Scheme comes into effect on 5th September 2011.
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 Harrow Permit Scheme.
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
2nd August 2011


text:
1
This Order may be cited as the Castle College, Nottingham (Dissolution) Order 2011 and comes into force on 1st July 2011.
2
On 1st July 2011 the corporation is dissolved and all of its property, rights and liabilities are transferred to South Nottingham 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 applies to any person employed by the corporation immediately before 1st July 2011 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 July 2011;
c
to the transferor were to the corporation; and
d
to the corporation were to South Nottingham College.
John Hayes
Minister of State for Further Education, Skills and Lifelong Learning
Department for Business, Innovation and Skills
7th June 2011


text:
Citation, commencement, extent and application
1
1
This Order may be cited as the Belarus (Restrictive Measures) (Overseas Territories) (Amendment) Order 2011 and shall come into force on 16th December 2011.
2
This Order shall extend to the territories listed in the Schedule.
3
In this Order “the principal Order ” means the Belarus (Restrictive Measures) (Overseas Territories) Order 2011 .
Amendment of the principal Order
2
The principal Order is amended as follows —
a
The definition of “Council Regulations” is deleted from article 2(1).
b
For article 21(3) substitute —
3
A relevant institution shall inform the Governor without delay if it credits a frozen account in accordance with article 17(3).
Ceri King
Deputy Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the International Tax Enforcement (Liberia) Order 2011.
Tax information exchange agreement to have effect
2
It is declared that —
a
the agreement set out in the Schedule to this Order has been made with the Government of the Republic of Liberia with a view to the exchange of information foreseeably relevant to the administration or enforcement or recovery of the taxes, and debts relating to the taxes, covered by the agreement; and
b
it is expedient that the agreement should have effect.
Judith Simpson
Clerk of the Privy Council


text:
PART 1 Introductory provisions
Citation and commencement
1
This Order —
a
may be cited as the Marine Licensing (Exempted Activities) Order 2011; and
b
comes into force on 6th April 2011.
Application
2
This Order applies in relation to any area, and any licensable marine activity carried on in that area, for which the Secretary of State is the appropriate licensing authority under section 113 of the Marine and Coastal Access Act 2009 .
Interpretation
3
In this Order —
“ the Act ” means the Marine and Coastal Access Act 2009;
“activity” means licensable marine activity ;
“disposal” has the meaning given by Article 3 of the Waste Framework Directive;
“a European site” means —
a European site within the meaning of regulation 8(1) of the Conservation of Habitats and Species Regulations 2010 ;
a European offshore marine site within the meaning of regulation 15 of the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007 ;
“exempt activity” has the meaning given by article 4 ;
“harbour authority” has the meaning given by section 57(1) of the Harbours Act 1964 ;
“licensing authority” means the Secretary of State as the appropriate licensing authority under section 113(2)(a), (4)(a), (6)(a) or (8) of the Act;
“lighthouse authority” means a general lighthouse authority or a local lighthouse authority within the meaning of Part 8 of the Merchant Shipping Act 1995 ;
“an MCZ ” means a marine conservation zone from time to time designated by an Order made under section 116 of the Act ;
“plan or project” has the same meaning as in Council Directive 92/43/ EEC on the conservation of natural habitats and of wild fauna and flora ;
“protected feature” has the meaning given by section 147(1) of the Act;
“Ramsar site” has the same meaning as in section 37A of the Wildlife and Countryside Act 1981 ;
“shellfish” includes crustaceans and molluscs of any kind and any part of a shellfish;
“waste” means anything that —
is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Article 5(1) of that Directive, and
is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;
“the Waste Framework Directive” means Directive 2008/98/ EC of the European Parliament and of the Council on waste .
PART 2 Exempt activities – general provisions
Exemption from need for marine licence
4
1
A marine licence is not needed for an activity that is an exempt activity.
2
An activity is an exempt activity to the extent that —
a
it is an activity to which this article applies , and
b
where the application of this article to an activity is subject to a condition specified in Part 3, that condition is satisfied in relation to that activity.
3
But this is subject to paragraph (4) and article 5 .
4
Nothing in this Order makes an activity an exempt activity to the extent to which the carrying on of the activity is contrary to international law.
Activities relating to disposal or recovery of waste
5
1
An activity carried on by an establishment or undertaking involving the disposal or recovery of waste is not an exempt activity unless the conditions in this article are satisfied.
2
Condition 1 is that the establishment or undertaking is carrying out —
a
disposal of its own non-hazardous waste at the place of production; or
b
recovery of waste.
3
Condition 2 is that the type and quantity of waste involved, and the method of disposal or recovery, are consistent with the need to attain the objective mentioned in Article 13 of the Waste Framework Directive.
4
Condition 3 is that the establishment or undertaking must be registered with the licensing authority.
5
The licensing authority must maintain a register containing the name and address of any establishment or undertaking carrying on an exempt activity involving the disposal or recovery of waste in the licensing authority’s area.
6
The register may be kept in any form.
7
In this article —
a
“establishment” and “undertaking” have the same meaning as in Articles 23 and 24 of the Waste Framework Directive;
b
“recovery” has the meaning given by Article 3 of the Waste Framework Directive;
c
“non-hazardous waste” has the same meaning as in the Waste Framework Directive.
PART 3 Activities to which article 4 applies and conditions
Interpretation of this Part
6
1
In this Part, a reference to a numbered item is a reference to that numbered item in section 66(1) of the Act.
2
In this Part —
a
a reference to a “deposit” is a reference to a deposit falling within item 1 (deposits within the UK marine licensing area etc ), 2 (deposits from British vessels etc anywhere at sea etc), 3 (deposit from vehicle, vessel etc loaded in United Kingdom except Scotland or the UK marine licensing area), or, except as otherwise provided, 10 (deposit of explosives within the UK marine licensing area etc);
b
a reference to a “dredging activity” is a reference to an activity falling within item 9 (dredging within the UK marine licensing area);
c
a reference to a “removal activity” is a reference to an activity falling within item 8 (use of vehicle, vessel etc to remove substance or object from sea bed within the UK marine licensing area);
d
a reference to a “works activity” is a reference to an activity falling within item 7 (construction, alteration or improvement of works within the UK marine licensing area etc).
Activities falling within Part 6 of the Merchant Shipping Act 1995
7
Article 4 applies to an activity falling within the subject matter of Part 6 of the Merchant Shipping Act 1995 (prevention of pollution).
Safety directions under the Merchant Shipping Act 1995
8
Article 4 applies to an activity carried on —
a
by or on behalf of the Secretary of State in exercise of a power under Schedule 3A to the Merchant Shipping Act 1995 (safety directions);
b
by any person for the purpose of complying with a direction under that Schedule; or
c
by any person for the purpose of avoiding interference with action taken by virtue of that Schedule.
Salvage activities
9
Article 4 applies to an activity carried on, in the course of a salvage operation, for the purpose of ensuring the safety of a vessel or preventing pollution.
Fire fighting
10
Article 4 applies to an activity carried on for the purpose of fighting, or preventing the spread of, any fire.
Air accident investigation
11
Article 4 applies to a deposit or removal activity carried on for the purpose of recovering any substance or object as part of an investigation into any accident involving any aircraft.
Fishing operations
12
1
Article 4 applies to any of the following activities if carried on in the course of a fishing operation —
a
the deposit of fishing gear, other than a deposit made for the purpose of disposal;
b
a removal activity or dredging activity carried on for the purpose of —
i
fishing for or taking fish; or
ii
removing fishing gear;
c
the deposit by way of return to the sea of any fish or other object.
2
Article 4 also applies to the deposit by way of return to the sea of any fish during the course of fish processing at sea.
3
In this article —
a
“fish” includes shellfish and any part of a fish;
b
“fishing gear” includes gear used to fish for or take shellfish, but does not otherwise include anything used in connection with the propagation or cultivation of shellfish.
Shellfish propagation and cultivation
13
1
Article 4 applies —
a
to the deposit of any shellfish, trestle, raft, cage, pole, rope or line in the course of the propagation or cultivation of shellfish;
b
to a removal activity or dredging activity carried on for the purpose of moving shellfish within the sea in the course of its propagation or cultivation.
2
But article 4 does not apply —
a
to any such deposit made for the purpose of disposal;
b
to any such deposit made for the purpose of creating, altering or maintaining an artificial reef; or
c
to any such deposit that causes or is likely to cause obstruction or danger to navigation.
Discharge etc of offshore chemicals and oil
14
Article 4 applies to any activity in relation to which a permit is required under —
a
the Offshore Chemicals Regulations 2002 ; or
b
the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 .
Deposit of marine chemical and marine oil treatment substances etc
15
1
Article 4 applies —
a
to the deposit of any marine chemical treatment substance;
b
to the deposit of any marine oil treatment substance;
c
to the deposit of any substance used or intended to be used for removing surface fouling matter from the surface of the sea or of the sea bed.
2
Paragraph (1) is subject to conditions 1 to 4.
3
Condition 1 is that the substance must be one the use of which is for the time being approved for the purposes of this Order by the licensing authority.
4
Condition 2 is that the substance must be used in accordance with any conditions to which the approval is subject.
5
Condition 3 is that no deposit may be made in an area of the sea of a depth of less than 20 metres or within one nautical mile of any such area except with the approval of the licensing authority.
6
Condition 4 is that no deposit of any marine chemical treatment substance or marine oil treatment substance may be made below the surface of the sea except with the approval of the licensing authority.
7
In this article, “marine chemical treatment substance” and “marine oil treatment substance” have the same meaning as in section 107(2) of the Act.
Deposit of equipment to control, contain or recover oil etc
16
1
Article 4 applies to the deposit of any equipment for the purpose of controlling, containing or recovering any —
a
oil;
b
mixture containing oil;
c
chemical;
d
flotsam; or
e
algal bloom.
2
But article 4 does not apply to any such deposit to the extent that it falls within item 10.
Scientific instruments etc
17
1
Article 4 applies —
a
to the deposit of any scientific instrument or associated equipment in connection with any scientific experiment or survey;
b
to the deposit of any reagent;
c
to the deposit of any tracer;
d
to a removal activity carried on for the purpose of removing any scientific instrument or associated equipment referred to in sub-paragraph (a) .
2
Sub-paragraphs (b) and (c) of paragraph (1) are subject to conditions 1 and 2.
3
Condition 1 is that the reagent or tracer must be one the use of which is for the time being approved for the purposes of this Order by the licensing authority.
4
Condition 2 is that the reagent or tracer must be used in accordance with any conditions to which the approval is subject.
5
But article 4 does not apply —
a
to any such deposit made for the purpose of disposal;
b
to any such deposit that causes or is likely to cause obstruction or danger to navigation;
c
to any such deposit or removal activity —
i
that falls within sub-paragraph (a), (b) or (c) of paragraph (6) ; and
ii
that is not directly connected with or necessary to the management of the site or zone (as the case may be) referred to in that sub-paragraph.
6
A deposit or removal activity falls within this paragraph if —
a
it is a plan or project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site;
b
it is likely to have a significant effect on a Ramsar site; or
c
it is capable of affecting (other than insignificantly) —
i
the protected features of an MCZ;
ii
any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependent.
7
In paragraph (6)(a) and (b), “likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora .
Deposits in the course of aggregates or mineral dredging
18
Article 4 applies —
a
to the deposit, on the site of dredging for aggregates or other minerals, of any substance or object taken from the sea in the course of such dredging (other than any of the aggregates or minerals being dredged);
b
to the deposit of waters (whether by overflow or pumped discharge) from the hold of a vessel —
i
in the normal course of dredging for aggregates or other minerals, or
ii
at the site of such dredging following its completion or during the return journey of the vessel.
Maintenance of coast protection, drainage and flood defence works
19
1
Article 4 applies —
a
to an activity carried on by or on behalf of the Environment Agency for the purpose of maintaining any —
i
coast protection works;
ii
drainage works; or
iii
flood defence works;
b
to an activity carried on by or on behalf of a coast protection authority (within the meaning of Part 1 of the Coast Protection Act 1949 ) for the purpose of maintaining any coast protection works.
2
Paragraph (1) is subject to the condition that the activity is carried on within the existing boundaries of the works being maintained.
3
But article 4 does not apply in relation to any such activity which consists of beach replenishment.
Emergency works in response to flood or flood risk
20
1
Article 4 applies to an activity carried on by or on behalf of the Environment Agency for the purpose of executing emergency works in response to any flood or the imminent risk of any flood.
2
Paragraph (1) is subject to the condition that the activity may only be carried on in accordance with an approval granted by the licensing authority for that purpose.
Use of vehicles to remove litter or seaweed from beaches
21
1
Article 4 applies to a removal activity using a vehicle carried on by or on behalf of a local authority for the purpose of removing any litter or seaweed from a beach.
2
But article 4 does not apply to any such removal activity —
a
that falls within sub-paragraph (a), (b) or (c) of paragraph (3) ; and
b
that is not directly connected with or necessary to the management of the site or zone (as the case may be) referred to in that sub-paragraph.
3
An activity falls within this paragraph if —
a
it is a plan or project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site;
b
it is likely to have a significant effect on a Ramsar site; or
c
it is capable of affecting (other than insignificantly) —
i
the protected features of an MCZ;
ii
any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependent.
4
In paragraph (1) , “local authority” has the meaning given by section 68(9) of the Act.
5
In paragraph (3)(a) and (b), “likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.
Deposits in the course of normal navigation or maintenance
22
1
Article 4 applies to a deposit from a vehicle, vessel, aircraft or marine structure in the course of its normal navigation or maintenance.
2
But article 4 does not apply —
a
to any such deposit made for the purpose of disposal;
b
to any such deposit to the extent that it falls within item 10.
Maintenance of harbour works
23
1
Article 4 applies to a deposit, removal activity or works activity carried on by or on behalf of a harbour authority for the purpose of maintaining any harbour works.
2
Paragraph (1) is subject to the condition that the activity is carried on within the existing boundaries of the works being maintained.
Removal of obstruction or danger to navigation
24
1
Article 4 applies to a removal activity carried on by a person referred to in paragraph (2) for the purpose of removing anything causing or likely to cause obstruction or danger to navigation.
2
The persons are —
a
a conservancy authority (within the meaning given by section 313(1) of the Merchant Shipping Act 1995 );
b
a harbour authority;
c
a lighthouse authority;
d
a person having powers under any enactment or statutory order to work or maintain a canal or other inland navigation, including a navigation in tidal water.
Moorings and aids to navigation
25
1
Article 4 applies —
a
to a deposit or works activity carried on by a person referred to in paragraph (2) for the purpose of providing a pile mooring, swinging mooring, trot mooring or aid to navigation;
b
to a removal activity carried on by any such person for the purpose of removing any such mooring or aid to navigation.
2
The persons are —
a
a harbour authority;
b
a lighthouse authority;
c
any other person, where the activity is carried on in accordance with a consent required from, and granted by, any such authority.
3
But article 4 does not apply to any such activity which consists of the deposit or the construction of a pontoon.
Markers for European marine sites and marine conservation zones
26
1
Article 4 applies —
a
to a deposit made by Natural England for the purpose of installing a marker for the purposes of regulation 35(1) of the Conservation of Habitats and Species Regulations 2010 (installation of markers indicating the existence and extent of a European marine site within the meaning of those Regulations);
b
to a removal activity carried on by Natural England for the purpose of removing a marker referred to in sub-paragraph (a);
c
to a deposit made by a public authority for the purpose of installing a marker indicating the existence and extent of an MCZ;
d
to a removal activity carried on by a public authority for the purpose of removing a marker referred to in sub-paragraph (c).
2
Paragraph (1) is subject to the condition that the activity may only be carried on in accordance with an approval granted by the licensing authority for that purpose.
Launching of vessels etc
27
Article 4 applies to a deposit in connection with the launching of any vehicle, vessel, aircraft, marine structure or floating container.
Dismantling of ships
28
1
Article 4 applies to a deposit or removal activity carried on as part of dismantling a ship that is waste.
2
But article 4 does not apply to any such deposit to the extent that it falls within item 10.
Scheduled works under the Crossrail Act 2008
29
1
Article 4 applies to an activity carried on within the limits of deviation for the scheduled works in exercise of the powers conferred by the Crossrail Act 2008 in relation to those works, or any work in connection with them.
2
In paragraph (1), “limits of deviation” and “scheduled works” have the meanings given by section 56(1) of that Act.
Licensed deep sea mining
30
Article 4 applies to an activity carried on in pursuance of —
a
an exploration licence or an exploitation licence within the meaning of section 2 of the Deep Sea Mining (Temporary Provisions) Act 1981 , or
b
a reciprocal authorisation within the meaning given by section 3(3) of that Act.
Diver trails within restricted areas
31
Article 4 applies to a deposit or removal activity carried on for the purpose of placing, securing or removing signage or other identifying markers relating to a wreck within an area designated as a restricted area within the meaning of section 1 of the Protection of Wrecks Act 1973 .
Coastguard activities – safety purposes and training
32
Article 4 applies to an activity carried by or on behalf of the Secretary of State for Transport, acting through the Maritime and Coastguard Agency, for the purpose of —
a
securing the safety of a vessel, aircraft or marine structure,
b
saving life, or
c
training for any purpose referred to in paragraph (a) or (b).
Deposit and use of flares etc – safety purposes and training
33
Article 4 applies to the deposit or use of any distress flare, smoke float or similar pyrotechnic substance or object for the purpose of —
a
securing the safety of a vessel, aircraft or marine structure,
b
saving life, or
c
training for any purpose referred to in paragraph (a) or (b).
Cables and pipelines – authorised emergency inspection and repair
34
1
Article 4 applies to a deposit, removal activity or dredging activity carried on for the purpose of executing emergency inspection or repair works to any cable or pipeline.
2
Paragraph (1) is subject to the condition that the activity may only be carried on in accordance with an approval granted by the licensing authority for that purpose.
3
But article 4 does not apply to any such deposit falling within item 10.
Bored tunnels
35
1
Article 4 applies to a deposit or works activity carried on wholly under the sea bed in connection with the construction or operation of a bored tunnel.
2
Paragraph (1) is subject to conditions 1 and 2.
3
Condition 1 is that notice of the intention to carry on the activity must be given to the licensing authority before the activity is carried on.
4
Condition 2 is that the activity must not significantly adversely affect any part of the environment of the UK marine area or the living resources that it supports.
5
But article 4 does not apply to any such deposit carried on for the purpose of disposal.
Defence activities
36
1
Article 4 applies to an activity carried on —
a
in relation to the defence of the realm, and
b
by or on behalf of —
i
the naval, military or air forces of the Crown, including reserve forces and the Royal Fleet Auxiliary; or
ii
a visiting force within the meaning given by section 12 of the Visiting Forces Act 1952 .
2
But article 4 does not apply to any such activity which is a works activity or a dredging activity.
Rights of foreign vessels etc under international law
37
1
Article 4 applies to an activity to the extent that it is carried on in exercise of a right under rules of international law, by or in relation to —
a
a third country vessel;
b
a warship, naval auxiliary, other vessel or aircraft owned or operated by a State and used, for the time being, only on government non-commercial service (whether or not the warship, naval auxiliary or other vessel is a third country vessel).
2
In paragraph (1), “third country vessel” means a vessel which —
a
is flying the flag of, or is registered in, any State or territory (other than Gibraltar) which is not a member State; and
b
is not registered in a member State.
Activities carried on in the Scottish inshore region
38
Article 4 applies —
a
to an activity carried on in the Scottish inshore region, or
b
to the loading of a vehicle, vessel, aircraft, marine structure or floating container with any substance or object for incineration in the Scottish inshore region.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
9th February 2011


text:
Citation and commencement
1
These Regulations may be cited as the Open-Ended Investment Companies (Amendment) Regulations 2011 and come into force on the day after the day on which they are made.
Interpretation
2
In these Regulations —
“authorised corporate director” is the director referred to in regulation 15(6) of the Principal Regulations ;
“contract of employment” means a contract of service, whether express or implied, and (if it is express) whether oral or in writing;
“employee” means an individual who has entered into or works under a contract of employment;
“existing umbrella company” means an umbrella company in respect of which an authorisation order has been made prior to the date these Regulations come into force;
“master agreement” means contractually agreed standard terms and conditions which form part, but not the whole, of the terms of one or more transactions or contracts between the parties to the agreement;
“micro-business” has the meaning given in regulation 7;
“the Principal Regulations” means the Open-Ended Investment Companies Regulations 2001 .
Amendment of the Principal Regulations
3
1
The Principal Regulations are amended as follows.
2
In regulation 2(1) (interpretation) after the definition of “smaller denomination share” insert —
“sub-fund” means a separate part of the property of an umbrella company that is pooled separately;
3
After regulation 10 (the Authority’s procedures) insert —
Umbrella companies
Segregated liability of sub-funds
11A
1
In the case of an umbrella company, the assets of a sub-fund belong exclusively to that sub-fund and shall not be used to discharge the liabilities of or claims against the umbrella company or any other person or body, or any other sub-fund, and shall not be available for any such purpose whether such liability or claim was incurred before, on or after the date this regulation first applies to such umbrella company.
2
Any liability incurred on behalf of or attributable to any sub-fund of an umbrella company shall be discharged solely out of the assets of that sub-fund.
3
Any provision, whether contained in an instrument of incorporation, agreement, contract or otherwise, shall be void to the extent that it is inconsistent with paragraph (1) or (2) and any application of, or agreement to apply, assets in contravention of either such paragraph shall be void.
4
An umbrella company may allocate any assets or liabilities which —
a
it receives or incurs on behalf of its sub-funds or in order to enable the operation of the sub-funds; and
b
are not attributable to any particular sub-fund,
between its sub-funds in a manner which it considers is fair to shareholders.
5
A sub-fund of an umbrella company is not a legal person separate from that umbrella company but the property of a sub-fund is subject to orders of the court as it would have been had the sub-fund been a separate legal person.
6
Without prejudice to paragraphs (1) and (2) and save as provided in regulation 33C(7), an umbrella company may sue and be sued in respect of a particular sub-fund and may exercise the same rights of set-off in relation to that sub-fund as apply in respect of companies.
Cross sub-fund investment
11B
Notwithstanding section 658 of the Companies Act 2006 and any rule of law which prohibits or restricts a company from acquiring its own shares, an umbrella company may, for the account of any of its sub-funds, and in accordance with FSA rules, acquire by subscription or transfer for consideration, shares of any class or classes, however described, representing other sub-funds of the same umbrella company.
.
4
In regulation 21(1)(d) (the Authority’s approval for certain changes in respect of a company) after “company” insert “or a sub-fund of that company”.
5
After regulation 33B (merger or division of a master UCITS ) insert —
Winding up of sub-funds
33C
1
Save as provided in paragraphs (2) and (3), a sub-fund may be wound up as if it were an open-ended investment company in accordance with the provisions of regulations 31 to 33 provided that the appointment of the liquidator or any provisional liquidator and the powers and duties of the liquidator or any provisional liquidator shall be confined to the sub-fund which is being wound up and its affairs, business and property.
2
Notwithstanding paragraph (1), sections 226 to 228 of the 1986 Act shall not apply where a sub-fund is wound up in accordance with the provisions of this regulation.
3
The provisions of Part 5 of the 1986 Act with respect to staying, sisting or restraining actions and proceedings against a company at any time after the presentation of a petition for winding up and before the making of a winding-up order extend, in the case of a sub-fund, where the application to stay, sist or restrain is presented by a creditor, to actions and proceedings against the umbrella company of that sub-fund, or any of the other sub-funds of that umbrella company, in respect of a liability of that sub-fund.
4
Notwithstanding regulation 11A(5), a sub-fund shall be treated as if it were a separate legal person for the purposes of winding up.
5
For the purposes of paragraph (1), in regulations 31 to 33 —
a
a reference to an open-ended investment company is taken to be a reference to a sub-fund; and
b
a reference to a company, save in relation to the term “unregistered company”, is taken to be a reference to a sub-fund.
6
For the purposes of paragraph (1), in the provisions of the 1986 Act to which reference is made in regulations 31 to 33 —
a
references to an unregistered company and to a company are taken to be references to a sub-fund;
b
a reference to creditors is taken to be a reference to the creditors of a sub-fund; and
c
a reference to members is taken to be a reference to the holders of the shares in a sub-fund.
7
Subject to paragraph (8), regulation 11A(6) shall not apply after the appointment of a liquidator or a provisional liquidator.
8
Where an order has been made for the winding-up of a sub-fund, no action or proceedings shall be commenced or proceeded with against the umbrella company or the sub-fund in respect of any liability of the sub-fund, except by leave of the court and subject to such terms as the court may impose.
.
6
In paragraph 2 of Schedule 2 (instrument of incorporation) after sub-paragraph (b) insert —
ba
in the case of an umbrella company, the assets of a sub-fund belong exclusively to that sub-fund and shall not be used to discharge the liabilities of or claims against the umbrella company or any other person or body, or any other sub-fund, and shall not be available for any such purpose;
.
Transitional provisions
4
1
Save as provided in paragraph (5) and regulation 5, an umbrella company shall not enter into any agreement or contract after the date on which these Regulations come into force which is inconsistent with paragraphs (1) and (2) of regulation 11A of the Principal Regulations, and paragraph (3) of regulation 11A shall apply to any such agreement or contract.
2
An existing umbrella company shall give written notice to the Authority that it proposes to alter its instrument of incorporation before the end of its compliance period to effect compliance with paragraph 2(ba) of Schedule 2 to the Principal Regulations.
3
Save as provided in regulation 6, the compliance period is the period of 2 years beginning with the date on which these Regulations come into force.
4
For the purposes of paragraph (3) and save in relation to micro-businesses, upon receipt of a written request by an existing umbrella company made within the compliance period but prior to the expiry of a period of 23 months from the date on which these Regulations come into force, the Authority may, having regard to its regulatory objectives, extend the compliance period in relation to that umbrella company for a further period not exceeding one year beginning with the date on which the compliance period calculated in accordance with paragraph (3) ends.
5
Notwithstanding paragraph (1), an existing umbrella company may, during its compliance period, continue to enter into transactions or contracts subject to a master agreement provided that such master agreement was in force prior to the date on which these Regulations come into force.
6
Regulation 33C of the Principal Regulations shall not apply to an existing umbrella company during its compliance period.
7
Regulations 11A and 33C of the Principal Regulations shall apply to an existing umbrella company which has given written notice to the Authority of the proposed alteration to its instrument of incorporation under paragraph (2) of this regulation from the date on which effect may be given to the proposal under regulation 21(3) of the Principal Regulations.
8
Regulations 21 and 22 of the Principal Regulations apply to any proposed alteration to an instrument of incorporation under paragraph (2) of this regulation with the exception of paragraph (2) of regulation 21.
9
Any notice given under paragraph (2) shall be accompanied by a notification in such form as the Authority may direct that the umbrella company does not have any agreements or contracts with a third party the provisions of which are inconsistent with paragraph (1) or (2) of regulation 11A of the Principal Regulations.
10
Paragraph 5(1) of Schedule 2 to the Principal Regulations shall not apply to any alteration to an instrument of incorporation made in accordance with paragraph (2) of this regulation.
11
An umbrella company which contravenes any provision of this regulation is to be treated for the purposes of Part 5 of the Principal Regulations as having contravened a provision of those Regulations.
Further transitional provisions for micro-businesses
5
Save as provided in regulation 10, regulations 11A and 33C of and paragraph 2(ba) of Schedule 2 to the Principal Regulations shall not apply in relation to a micro-business during the compliance period.
The compliance period for micro-businesses
6
1
The compliance period for micro-businesses is the period of 3 years beginning with the date on which these Regulations come into force.
2
After the end of the compliance period described in paragraph (1) and for the purposes of regulation 4, a micro-business shall be treated as an existing umbrella company in relation to which the compliance period described in regulation 4(3) has ended.
Definition of a micro-business
7
A micro-business means —
a
an existing umbrella company the authorised corporate director of which has fewer than 10 employees, or which does not have an authorised corporate director, on the date on which these Regulations come into force; or
b
an umbrella company in respect of which an authorisation order is made during the period beginning on the date on which these Regulations come into force and ending three years after that date, the authorised corporate director of which has fewer than 10 employees or which does not have an authorised corporate director on the date on which the authorisation order is made.
Number of employees of an authorised corporate director
8
For the purposes of these Regulations, the number of employees of an authorised corporate director is calculated as follows —
TH/37.5
where TH is the total number of hours per week for which all the employees of the authorised corporate director are contracted to work.
Employees of an authorised corporate director
9
For the purposes of these Regulations, the employees of an authorised corporate director are the persons who are employed for the purposes of the authorised corporate director.
Voluntary compliance by micro-businesses
10
1
Nothing in these Regulations shall prevent —
a
a micro-business described in regulation 7(b) complying with regulation 11A of the Principal Regulations and effecting compliance with paragraph 2(ba) of Schedule 2 to those Regulations from the date on which the umbrella company is authorised; or
b
any micro-business complying with regulation 11A of the Principal Regulations and giving written notice, subject to regulation 4(7) to (10), to the Authority that it proposes to alter its instrument of incorporation before the end of the compliance period described in regulation 6(1) to effect compliance with paragraph 2(ba) of Schedule 2 to those Regulations.
2
Where either of the conditions described in paragraph (1) is met by a micro-business, regulation 33C of the Principal Regulations shall apply to that micro-business from the date on which it effected compliance with paragraph 2(ba) of Schedule 2 to those Regulations.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
20th December 2011


text:
1
This Order may be cited as the A11 Trunk Road (Fiveways to Thetford Improvement and Slip Roads) Order 2011 and shall come into force on 30th March 2011
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway; and
2
a
“the main new road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
b
“the new trunk roads” means the main new road and the slip roads;
c
“the plan” means the plan numbered HA 10/MP/071 marked “The A11 Trunk Road (Fiveways to Thetford Improvement and Slip Roads) Order 2011”, signed by authority of the Secretary of State for Transport and deposited at Document Deposit Service, Communities and Local Government, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
d
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which connect the main new road with other highways or proposed highways at the places stated in that Schedule.
3
The main new road and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
Peter Adams
A Divisional Director
Highways Agency
23rd March 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2011 and shall come into force on 11th April 2011.
2
In this Order, “the principal Order ” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006.
Amendment of Schedule 1 (Disablement due to service in the armed forces)
2
In Schedule 1 to the principal Order —
a
for the Table in Part 2 substitute the Table set out in Schedule 1 to this Order;
b
for Tables 1 and 2 in Part 3 substitute Tables 1 and 2 set out in Schedule 2 to this Order; and
c
for the Table in Part 4 substitute the Table set out in Schedule 3 to this Order.
Amendment of Schedule 2 (Death due to service in the armed forces)
3
In Schedule 2 to the principal Order —
a
for Tables 1, 2, 3, 4, 5, 6 and 7 of Part 2 substitute Tables 1, 2, 3, 4 5, 6 and 7 set out in Schedule 4 to this Order; and
b
for the Table in Part 3 substitute the Table set out in Schedule 5 to this Order.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses)(Revocation) Regulations 2011 and come into force on 1st April 2011.
Revocations
2
The Regulations specified in the Schedule to these Regulations are revoked.
Michael Fabricant
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2011


text:
1
This Order may be cited as the Immigration (Designation of Travel Bans) (Amendment No. 7) Order 2011 and shall come into force on 14th December 2011.
2
In this Order, “the Schedule” means the Schedule to the Immigration (Designation of Travel Bans) Order 2000 .
3
In Part 1 of the Schedule, after “Resolution 1896 (2009) of 30 November 2009 (Democratic Republic of the Congo).” insert —
Resolution 1952 (2010) of 29 November 2010 (Democratic Republic of the Congo).
Resolution 2021 (2011) of 29 November 2011 (Democratic Republic of the Congo).
.
4
1
Part 2 of the Schedule is amended as follows.
2
After “Council Decision 2011/299/ CFSP of 23 May 2011 (Iran)” insert “and as amended by Council Decision 2011/783/CFSP of 1 December 2011 (Iran) ”.
3
For “Council Decision 2011/273/CFSP of 9 May 2011 (Syria) as implemented by Council Implementing Decision 2011/302/CFSP of 23 May 2011 (Syria), Council Implementing Decision 2011/367/CFSP of 23 June 2011 (Syria), Council Implementing Decision 2011/488/CFSP of 1 August 2011 (Syria) and Council Implementing Decision 2011/515/CFSP of 23 August 2011 (Syria) and as amended by Council Decision 2011/522/CFSP of 2 September 2011 (Syria).” substitute “Council Decision 2011/782/CFSP of 1 December 2011 (Syria) .”.
Damian Green
Minister of State
Home Office
8th December 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Derbyshire Community Health Services National Health Service Trust (Establishment) Order 2011 and shall come into force on 1st April 2011.
2
In this Order —
“ the Act ” means the National Health Service Act 2006;
“community health services” means any service which the Secretary of State has a duty to provide under section 3(1)(d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A of that Schedule;
“the trust” means the National Health Service trust established by article 2.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the Derbyshire Community Health Services National Health Service Trust.
Nature and functions of the trust
3
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.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
2
If the Secretary of State suspends the chairman, or a non-executive director of the trust, the number of non-executive directors of the trust shall increase during the period of suspension by the number of persons so suspended.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 2011.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
14th March 2011


text:
Citation, application and commencement
1
This Order, which applies to England only, may be cited as the Non-Domestic Rating (Small Business Rate Relief) (England) (Amendment) Order 2011 and shall come into force on 3rd August 2011.
Amendment of the Non-Domestic Rating (Small Business Rate Relief) (England) Order 2004
2
1
The Non-Domestic Rating (Small Business Rate Relief) (England) Order 2004 is amended as follows.
2
For the heading for article 7, substitute “Amount of E between 1st October 2010 and 30th September 2012”.
3
In article 7(1), for “2011”, substitute “2012”.
Signed by authority of the Secretary of State for Communities and Local Government
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
7th July 2011


text:
Citation and commencement
1
This Order may be cited as the Penalties, Offshore Income etc. (Designation of Territories) Order 2011 and comes into force on 6th April 2011.
Designation of territories
2
The territories specified in the left hand column of the Table in the Schedule to this Order are designated as category 1 territories for the purposes of Schedule 24 to the Finance Act 2007 (penalties for errors).
3
The territories specified in the right hand column of the Table in the Schedule to this Order are designated as category 3 territories for the purposes of Schedule 24 to the Finance Act 2007.
Michael Fabricant
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
28th March 2011


text:
Citation and commencement
1
This Order may be cited as the Air Traffic Services (Exemption) Order 2011 and comes into force on 1st April 2011.
Interpretation
2
In this Order —
“aerodrome traffic zone” means the airspace identified as follows.
Subject to paragraph (c), in relation to an aerodrome —
which is not on an offshore installation, and
at which the length of the longest runway does not exceed 1,850 metres,
the airspace extending from the surface to a height of 2000 feet above the level of the aerodrome within the area bounded by a circle centred on the mid-point of the longest runway and having a radius of 2 nautical miles.
Where an aerodrome —
is not on an offshore installation, and
the length of its longest runway exceeds 1,850 metres,
the airspace extending from the surface to a height of 2000 feet above the level of the aerodrome within the area bounded by a circle centred on the mid-point of the longest runway and having a radius of 2 ½ nautical miles.
In a case where the airspace identified in accordance with paragraph (a) would extend less than 1 ½ nautical miles beyond the end of any runway at the aerodrome, the length of the longest runway at that aerodrome is to be treated as exceeding 1,850 metres for the purpose of identifying the airspace and paragraph (b) applies.
In relation to an aerodrome which is on an offshore installation, the airspace extending from mean sea level to a height of 2000 feet above that level and within 1 ½ nautical miles of the offshore installation.
“area control centre” means a centre established primarily for the purpose of providing an area control service;
“area control service” means the giving, in the interests of safety, of instructions, advice or information by means of radio signals to aircraft flying outside the vicinity of an aerodrome traffic zone.
Exemption authorising the provision of air traffic services
3
1
Subject to paragraph (2), the provision of air traffic services in respect of a managed area is authorised.
2
Paragraph (1) does not authorise the provision of an area control service from an area control centre or the provision of air traffic services by the holder of a licence granted under section 5 of the Transport Act 2000.
Revocation
4
The Air Traffic Services (Exemption) Order 2001 is revoked.
Duration of Exemption
5
The exemption granted by this Order is to continue in force until 31 st December 2019.
Signed by authority of the Secretary of State for Transport
Theresa Villier
Minister of State
Department for Transport
13th February 2011


text:
Citation and commencement
1
This Order may be cited as the West Northamptonshire Development Corporation (Planning Functions) (Amendment) Order 2011 and shall come into force on 1st April 2011.
Interpretation
2
In this Order —
“outline planning permission” and “reserved matters” have the same meanings as in section 92 of the 1990 Act ;
“relevant authority” means the authority which, but for the 2006 Order as unamended by this Order, would be the local planning authority in accordance with Part 1 of the 1990 Act; and
“the 2006 Order” means the West Northamptonshire Development Corporation (Planning Functions) Order 2006 and the “development corporation “ means the West Northamptonshire Development Corporation.
Amendment of Order
3
The 2006 Order is amended as follows.
Amendment relating to interpretation
4
In article 2 (interpretation), omit the definitions of “the central planning functions area” and the “outer planning functions area”.
Amendments relating to the planning functions area and planning functions of the development corporation
5
1
Articles 3 and 4 are omitted.
2
For articles 5(1) and (2), substitute —
Planning functions of the development corporation in the development area
5
1
Subject to articles 7 and 8, the development corporation shall be the local planning authority for the development area for the purposes of Part 3 of the 1990 Act in relation to the following kinds of development —
a
development which comprises or includes the provision, or is likely to result in the loss of, 200 or more dwellinghouses (irrespective of whether the development would also entail the provision of new dwellinghouses);
b
development which comprises or includes the provision of dwellinghouses where the development occupies 4 hectares or more of land;
c
development which is likely to prejudice the residential use of land, where that land exceeds 4 hectares and is used for residential use;
d
development which comprises or includes the provision of, or is likely to result in the loss of 2,500 or more square metres of floorspace for mixed use;
e
development which comprises or includes a mixed use where the development occupies two hectares or more of land;
f
development which comprises or includes the provision, or is likely to result in the loss of, 2,500 or more square metres of floor space for a use falling within any or all of the following classes of the Use Classes Order —
i
Class A1 (shops);
ii
Class A3 (restaurants);
iii
Class A4 (drinking establishments);
iv
Class A5 (hot food takeaways);
v
Class B1 (business);
vi
Class B2 (general industrial);
vii
Class B8 (storage or distribution);
viii
Class C2 (residential institutions);
ix
Class D1 (non-residential institutions);
x
Class D2 (assembly or leisure);
g
development which comprises or includes the provision of a use falling within Class B1, B2, B8 or D2 of the Use Classes Order where the development occupies 2 hectares or more of land;
h
development which comprises, includes the provision of, or extends —
i
an aircraft runway, airfield or aerodrome;
ii
a heliport (including a helipad on a building);
iii
an air passenger terminal;
iv
a railway station;
v
a tramway, an underground, surface or elevated railway, or a cable car;
vi
a bus or coach station;
vii
a waterway, river or canal crossing or pier;
viii
any highway (other than a bridle way, cycle way or footpath) where the development forms part of a development specified in sub-paragraphs (a) to (g) of this paragraph;
i
development which occupies 2 hectares of land or more and which —
i
is likely to prejudice the use, or lead to the loss of use, of land being used as a playing field; or
ii
is on land which has been —
aa
used as a playing field at any time in the 5 years before the making of the relevant application for planning permission and which remains undeveloped;
bb
allocated for use as a playing field in a development plan or in proposals for such a plan or its alteration or replacement.
.
3
In article 5(3) —
a
substitute “(2)” for “(3)”;
b
for sub-paragraph (c) substitute —
”playing field” has the same meaning as in paragraph (za) of the Table in Schedule 5 to the Town and Country Planning (Development Management Procedure) (England) Order 2010 (consultations before the grant of permission)
;
c
sub-paragraphs (f) to (h) are omitted.
4
In article 6, for “central planning functions area and the outer planning functions area” substitute “development area”.
Transitional provision: applications to the development corporation
6
1
This article applies as respects any application for planning permission or for a consent or approval or determination under the 1990 Act, or under any order or regulation made or having effect under the Act which —
a
is for development in the development area of a kind specified in article 4 or 5 of the 2006 Order as unamended by this Order, and which is not of a kind specified in article 5 as substituted by this Order;
b
was duly made to the development corporation before this Order came into force; and
c
has not been determined when this Order came into force.
2
This article does not apply to any application for approval of reserved matters, where the relevant outline planning permission has been granted by the development corporation.
3
The development corporation must transmit any application to which this article applies to the relevant authority for determination by that authority.
4
Where the development corporation transmits an application to the relevant authority for determination, the application shall be treated as received by the authority from the applicant on the day on which it is transmitted to the authority.
5
If after this Order comes into force, an application is made to the development corporation, which by virtue of the preceding provisions of this Order has ceased to be the local planning authority in respect of that development, the development corporation must transmit the application to the relevant authority for determination.
6
Where an appeal is made to the Secretary of State under section 78 of the 1990 Act against a decision or determination made in relation to an application for development for which, by virtue of the preceding provisions of this Order the development corporation has ceased to be the local planning authority responsible for making such a decision or determination, the development corporation shall continue to be the local planning authority for the purposes of the appeal.
Transitional provision: compensation
7
1
Where a right to compensation arises under section 107, 108 or 115 of the 1990 Act in consequence of action taken in relation to land within the development area by the development corporation, the development corporation shall be liable for any compensation which is payable.
2
Where —
a
the Secretary of State makes a determination —
i
of an appeal against action taken by the development corporation; or
ii
on a reference made to the Secretary of State by the development corporation; and
b
that determination gives rise to a right to compensation,
the development corporation shall be liable to pay the compensation.
3
Where, on or after the date of the coming into force of this Order, the Secretary of State —
a
makes an order under section 100 or 104 of the 1990 Act in respect of a matter arising before that date, which relates to land in the development area; or
b
serves a notice under section 185 of that Act in respect of such a matter,
the development corporation shall remain liable to pay any compensation arising from the order or notice.
Signed by authority of the Secretary of State for Communities and Local Government
Andrew Stunell
Parliamentary Under Secretary of State
Department for Communities and Local Government
23rd February 2011


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Justices of the Peace Act 1949 (Compensation) (Revocation) Regulations 2011 and come into force on 5th August 2011.
2
In these Regulations, “the Crombie Regulations ” means the Justices of the Peace Act 1949 (Compensation) Regulations 1978
Revocation of the Crombie Regulations
2
1
The Crombie Regulations are revoked.
2
The Justices of the Peace Act 1949 (Compensation) (Variation) Regulations 1995 are revoked.
Savings
3
Regulation 2 does not apply in relation to —
a
the interpretation of terms used in the Crombie Regulations;
b
any claim for compensation under the Crombie Regulations where the loss of office or loss or diminution of emoluments to any person to whom regulation 4 of those Regulations applied was attributable to an event occurring before 5th August 2011;
c
the determination of any such claim or any request for review of an award made under the Crombie Regulations, or any right of appeal from a decision with respect to a compensation question;
d
any provisions applicable to the adjustment, review, reduction, compounding or exclusion of compensation payable under the Crombie Regulations;
e
any requirement to make a payment in the circumstances to which regulation 21 (superannuation contributions) of the Crombie Regulations refers;
f
any provision as to the intervals for payment of retirement compensation and payments on death.
Kenneth Clarke
Lord Chancellor
Ministry of Justice
13th July 2011


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Home Energy Efficiency Scheme (England) (Amendment) Regulations 2011 and come into force on 13th April 2011.
2
These Regulations apply to England only.
Interpretation
2
In these Regulations —
“the principal Regulations ” means the Home Energy Efficiency Scheme (England) Regulations 2005 ; and
“works application” has the same meaning as in the principal Regulations.
Amendment of the principal Regulations
3
1
The principal Regulations are amended as follows.
2
In regulation 2 (interpretation) —
a
omit the definition of “energy advice”; and
b
in the definition of “works” substitute “or materials” for “, materials or energy advice”.
3
In regulation 4 (persons who may apply for a grant) —
a
for paragraphs (1) to (3) substitute —
1
A works application for grant in respect of a dwelling may be entertained by the administering agency where the conditions in paragraphs (2) and (3) are met.
2
The condition in this paragraph is that the dwelling in respect of which the works application is made has a SAP rating of 55 or less.
3
The condition in this paragraph is that the works application is from a person (“P”) where —
a
P is the householder of the dwelling in respect of which the works application is made;
b
P occupies that dwelling as P’s only or main residence;
c
no works application has previously been made by P, and approved by the administering agency, in relation to another dwelling in the twelve month period immediately preceding the date on which the works application is made; and
d
on the date on which the works application is made paragraph (3A) applies.
3A
This paragraph applies where P is, or is living with a partner who is —
a
in receipt of income support and —
i
P or P’s partner has parental responsibility for a child under the age of 5 who ordinarily resides with that person; or
ii
P or P’s partner is in receipt of a qualifying component;
b
in receipt of income-related employment and support allowance and —
i
that allowance includes a work-related activity or support component;
ii
P or P’s partner has parental responsibility for a child under the age of 5 who ordinarily resides with that person; or
iii
P or P’s partner is in receipt of a qualifying component;
c
in receipt of income-based job seekers allowance and —
i
P or P’s partner has parental responsibility for a child under the age of 5 who ordinarily resides with that person; or
ii
P or P’s partner is in receipt of a qualifying component; or
d
in receipt of state pension credit.
;
b
in paragraph (4), insert after the definition of “householder” —
“qualifying component” means —
an award of child tax credit which includes a disability or severe disability element for a child or young person;
a disabled child premium;
a disability premium, an enhanced disability premium, a severe disability premium, a pensioner premium, a higher pensioner premium or an enhanced pensioner premium;
“SAP rating” means the energy efficiency rating of a building determined in accordance with the Reduced Data Standard Assessment Procedure contained in the Government’s Standard Assessment Procedure for Energy Rating of Dwellings published by or on behalf of the Department for Energy and Climate Change and in force on 13 th April 2011; and
;
c
in paragraph (5) for “the applicant” substitute “P”.
4
In regulation 5 (purposes for which a grant may be approved) —
a
in paragraph (1) —
i
for “Subject to paragraph (4), a works application for a grant” substitute “A works application for grant in respect of a dwelling”;
ii
after sub-paragraph (f) insert —
fa
to provide an electric fan heater in a bathroom of the dwelling where the dwelling is heated by electric storage heaters;
;
iii
in sub-paragraph (j), after “gas” insert “, liquefied petroleum gas”;
b
in paragraph (2), for sub-paragraphs (a) and (b) substitute —
a
services for the treatment or removal of asbestos where —
i
the presence of asbestos in the dwelling was not known by the administering agency prior to the commencement of works for which grant was approved under paragraph (1); and
ii
its treatment or removal is necessary for the purpose of enabling the completion those works;
b
scaffolding where it is necessary for the purpose of carrying out the works for which grant has been approved under paragraph (1);
c
services to connect the dwelling to the mains gas supply where —
i
the works for which grant has been approved under paragraph (1) include the provision of a mains gas central heating system under paragraph (1)(j) or a central heating system under (1)(l);
ii
the dwelling has no existing connection to the mains gas supply;
iii
the supply of gas to the dwelling is necessary for the purpose of operating the heating system for which grant has been approved under paragraph (1); and
iv
the connection to the mains gas supply is to be made under section 10 of the Gas Act 1986 (duty of a gas transporter to connect certain premises) and in relation to which costs or expenses are payable under or by virtue of that section;
d
services for the removal of an oil tank from the dwelling where that oil tank is no longer required by virtue of the provision of works for which grant has been approved under paragraph (1);
e
up to two portable electric heaters where, in the opinion of the administering agency, such provision is necessary to enable the dwelling to be habitable prior to the completion of the works for which grant has been approved under paragraph (1).
; and
c
omit paragraph (4).
5
In regulation 6 (grant maximum) —
a
in paragraph (a) omit “or (c)”;
b
in paragraph (b) after “5(1)(m)” insert “or includes the treatment or removal of asbestos,”; and
c
omit paragraph (c).
6
In regulation 7 (additional grants) —
a
at the beginning of paragraph (1), for “An” substitute “A”;
b
for “applicant” wherever it occurs, substitute “person”;
c
in paragraph (2) —
i
after “(f),” insert “(fa),”;
ii
for “or (l)” substitute “, (l) or (m)”; and
d
in paragraph (3), after the first mention of “additional grant” insert “in respect of that dwelling”.
7
Omit regulation 8 (grants received by instalments).
8
In regulation 9 (application for, and payment of, grant) —
a
for “applicant” —
i
in paragraph (2) and where it first appears in paragraph (3)(b) substitute “person making the application”;
ii
in any other place substitute “person”; and
b
in paragraph (4), for “work” substitute “works”.
Transitional provision
4
The principal Regulations in force immediately before the date on which these Regulations come into force shall continue to apply on and after that date in relation to a works application made and approved before that date and in respect of which grant remains to be paid.
Gregory Barker
Minister of State,
Department of Energy and Climate Change
17th March 2011
We consent,
Michael Fabricant
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 2011


text:
Citation and commencement
1
This Order may be cited as the Apprenticeships (Specification of Apprenticeship Standards for England) Order 2011 and comes into force on 1st March 2011.
Specification of Apprenticeship Standards for England
2
The document entitled “Specification for Apprenticeship Standards for England ( SASE )” published by the Secretary of State on 20th January 2011, with ISBN 978-0-85605-726-7, has effect.
John Hayes
Minister of State for Further Education, Skills and Lifelong Learning
Department for Business, Innovation and Skills
3rd February 2011


text:
1
This Order may be cited as the Criminal Justice Act 2003 (New Method of Instituting Proceedings) (Public Prosecutor Specification) Order 2011 and comes into force on 3rd October 2011.
2
Transport for London is specified as a public prosecutor for the purposes of section 29 of the Criminal Justice Act 2003.
Signed by the authority of the Secretary of State
J Djanogly
Parliamentary Under Secretary of State
Ministry of Justice
7th September 2011


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment No. 2) Regulations 2011 and come into force on 14th January 2012.
Revocation of the Road Vehicles (Construction and Use) (Amendment) Regulations 2011
2
The Road Vehicles (Construction and Use) (Amendment) Regulations 2011 are revoked.
Amendment of Regulations
3
The Road Vehicles (Construction and Use) Regulations 1986 are amended as follows.
End-of-series exemption
4
1
For regulation 61C (“end-of-series exemption”), substitute —
End-of-series exemption
61C
1
The requirements in articles 4 to 6 and 10 and Annex 1 of European Community Regulation 715/2007 shall —
a
in relation to complete end-of-series vehicles —
i
of category N 1 class II and III, and
ii
of category N 2 having a reference mass not exceeding 2,610 kilograms,
be deemed to be fulfilled for the period beginning with the relevant date and ceasing at the end of 31st December 2012;
b
in relation to end-of-series completed multi-stage build vehicles of category N 1 class I, be deemed to be fulfilled for the period beginning with the relevant date and ceasing at the end of 30th June 2012;
c
in relation to end-of-series completed multi-stage build vehicles —
i
of category N 1 class II and III, and
ii
of category N 2 having a reference mass not exceeding 2,610 kilograms,
be deemed to be fulfilled for the period beginning with the relevant date and ceasing at the end of 30th June 2013.
2
The requirements in articles 4 to 6 and 8 and Annex I of European Community Regulation 595/2009 shall —
a
for category N 2 end-of-series vehicles having a reference mass exceeding 2,610 kilograms, and
b
category N 3 end-of-series vehicles,
be deemed to be fulfilled, in relation to complete vehicles, for the period beginning with the relevant date and ceasing at the end of 30th December 2014, or in the case of completed multi-stage build vehicles, beginning with the relevant date and ceasing at the end of 29th June 2015.
3
For the purpose of paragraphs (1) and (2), a vehicle is an end-of-series vehicle if —
a
three months or more before the relevant date, a certificate of conformity or a Minister’s approval certificate issued under section 58(4) of the 1988 Act was in force for the vehicle, and the Minister’s approval certificate issued under section 58(1) of that Act or type approval certificate (as the case may be) had been issued by virtue of an emissions requirement that —
i
then applied to the vehicle, but
ii
apart from this regulation, would have ceased to apply on the relevant date, and
b
it is in the territory of an EEA state on the relevant date.
4
In this regulation —
“category N 1 class I” means a motor vehicle with at least 4 wheels designed or constructed for the carriage of goods and having a reference mass not exceeding 1,305 kilograms;
“category N 1 class II” means a motor vehicle with at least 4 wheels designed or constructed for the carriage of goods and having a reference mass exceeding 1,305 kilograms but not exceeding 1,760 kilograms;
“category N 1 class III” means a motor vehicle with at least 4 wheels designed or constructed for the carriage of goods and having a reference mass exceeding 1,760 kilograms;
“category N 2 ” and “category N 3 ” have the respective meanings given in Annex II to Directive 2007/46/EC ;
“complete vehicle” means any vehicle which need not be completed in order to meet the relevant technical requirements of Directive 2007/46/EC ;
“completed multi-stage build vehicle” means a vehicle resulting from the process of multi-stage type-approval which meets the relevant technical requirements of Directive 2007/46/EC ;
“reference mass” has the meaning given in Article 3(3) of European Community Regulation 715/2007;
“relevant date” means —
in relation to vehicles to which paragraph (1) applies, the date on which the Road Vehicles (Construction and Use) (Amendment No. 2) Regulations 2011 come into force, and
in relation to vehicles to which paragraph (2) applies, 31st December 2013.
.
5
After regulation 61C, insert —
Review of regulations 61 to 61B
61D
1
The Secretary of State must from time to time —
a
carry out a review of regulations 61 to 61B, which relate to emissions,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how, in so far as they make provision in relation to emissions —
a
the Framework Directive, and
b
Directives 70/220/EEC , 88/77/EEC , 2005/55/EC and 2006/40/EC ,
which are implemented by means of various provisions in these Regulations and by the Road Vehicles (Approval) Regulations 2009 , are implemented in other Member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established by these Regulations to the extent that they relate to emissions,
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
The first report under this regulation must be published before the end of the period of five years beginning with 14th January 2012.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
.
Signed by authority of the Secretary of State for Transport
Theresa Villiers
Minister of State
Department for Transport
21st December 2011


text:
Citation and commencement
1
This Order may be cited as the Immigration (Isle of Man) (Amendment) Order 2011 and shall come into force on 29th June 2011.
Amendment of the Immigration (Isle of Man) Order 2008
2
The Immigration (Isle of Man) Order 2008 is amended in accordance with the Schedule to the Order.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Dormant Bank and Building Society Accounts (Tax) Regulations 2011 and shall come into force on 1st February 2011.
2
Regulations 2 to 4 have effect in relation to notices under section 17(1) of the Taxes Management Act 1970 served on or after 1st February 2011.
3
Regulations 5 to 7 have effect in relation to interest paid or credited on or after 1st February 2011.
4
Regulation 8 has effect in relation to interest arising on or after 1st February 2011.
Amendment of the Income Tax (Interest Payments) (Information Powers) Regulations 1992
2
The Income Tax (Interest Payments) (Information Powers) Regulations 1992 are amended as follows.
3
In regulation 2 (interpretation) after the definition of “payment” insert —
“relevant dormant account” has the meaning in section 39(2) of the Finance Act 2008;
“repayment claim” means a repayment claim mentioned in section 5(6) of the Dormant Bank and Building Society Accounts Act 2008 , and other terms used in regulation 3A and in that Act have the same meaning in that regulation as in that Act;
.
4
After regulation 3 (disapplication of section 17(1) and section 18(1)) insert —
Dormant accounts – postponement of reporting obligations under section 17(1)
3A
1
A notice under section 17(1) shall be deemed not to require information in respect of a relevant dormant account before the time (if any) at which the balance of the account is paid out to the account-holder following a repayment claim (such payment being referred to in this regulation as the repayment claim being “settled”), subject to paragraph (4).
2
In paragraph (3), the period between —
a
the time when a dormant account first becomes a relevant dormant account, and
b
the time at which a repayment claim to the balance of the account is settled,
is referred to, in relation to the account, as the “relevant dormant period”.
3
Where a repayment claim to the balance of a dormant account is settled, all interest paid or credited to the account, or included in the balance of the account, during and at the end of the relevant dormant period, shall be treated for the purposes of section 17(1) —
a
as paid at the time the repayment claim is settled;
b
as if the bank or building society in question had retained the balance of the account, in the ordinary course of the operations of its trade or business; and
c
if notice under section 17(1) is given to the bank or building society, specifying the year of assessment in which the relevant dormant period for any account ends, the notice shall (unless it states otherwise) be deemed to require the inclusion of information for all relevant dormant accounts, in respect of which repayment claims were settled in that year.
4
A notice under section 17(1) shall be deemed not to require information in respect of a relevant dormant account which, at the time it first became a relevant dormant account, was a plan provided for by regulations made under Chapter 3 of Part 6 of ITTOIA 2005 (individual investment plans).
.
Amendment of the Income Tax (Deposit-takers and Building Societies) (Interest Payments) Regulations 2008
5
The Income Tax (Deposit-takers and Building Societies) (Interest Payments) Regulations 2008 are amended as follows.
6
In regulation 2 (interpretation) insert at the appropriate places —
“relevant dormant account” has the meaning given in section 39(2) of the Finance Act 2008;
“repayment claim” means a repayment claim mentioned in section 5(6) of the Dormant Bank and Building Society Accounts Act 2008, and other terms used in regulations 4A and 4B and in that Act have the same meaning in those regulations as in that Act;
.
7
After regulation 4 (gross payments) insert —
Dormant accounts – postponement of obligation to deduct sum representing income tax
4A
1
Section 851 does not apply to a payment of interest in respect of a relevant dormant account before the time (if any) at which the balance of the account is paid out to the holder of the relevant dormant account following a repayment claim (such payment being referred to in this regulation as the repayment claim being “settled”), subject to paragraph (4).
2
In paragraph (3) and regulation 4B, the period between —
a
the time when a dormant account first becomes a relevant dormant account, and
b
the time at which a repayment claim to the balance of the account is settled,
is referred to, in relation to the account, as the “relevant dormant period.”
3
Where a repayment claim to the balance of a dormant account is settled, all interest paid or credited to the account, or included in the balance of the account, during and at the end of the relevant dormant period, shall be treated for the purposes of section 851 —
a
as paid at the time the repayment claim is settled; and
b
as if the account were at that time an investment, and a relevant investment for the purposes of Chapter 2 of Part 15 of ITA 2007 (deduction by deposit-takers and building societies).
4
Section 851 does not apply to a payment of interest in respect of a relevant dormant account which, at the time it first became a relevant dormant account, was a plan provided for by regulations made under Chapter 3 of Part 6 of ITTOIA 2005 (individual investment plans).
4B
The duty to deduct a sum representing income tax under section 874 of ITA 2007 (duty to deduct from certain payments of yearly interest) does not apply to a payment of interest in respect of a relevant dormant account, made by or through a reclaim fund, deposit-taker or building society, during or at the end of the relevant dormant period for the account.
.
Dormant accounts – postponement of charge to tax on interest
8
1
For the purposes of Chapter 2 of Part 4 of The Income Tax (Trading and Other Income) Act 2005 (Savings and investment income: interest), interest arising in respect of a relevant dormant account shall be treated as arising at the time (if any) at which the balance of the account is paid out following a repayment claim.
2
In paragraph (1), “relevant dormant account” has the meaning given in section 39(2) of the Finance Act 2008 and other terms used in that paragraph and in section 39 of that Act have the same meaning in that paragraph as in that section.
Amendment of the Individual Savings Account Regulations 1998
9
1
The Individual Savings Account Regulations 1998 are amended as follows.
2
In regulation 2(1)(a) (interpretation) add at the appropriate place —
“dormant account” means a cash account which is a “relevant dormant account” within the meaning given in section 39(2) of the Finance Act 2008, omitting the words —
“is to be, or”; and
“will apply, or” (in both places they appear);
.
3
After regulation 5B insert —
Treatment of certain sums held in dormant accounts
5C
1
Regulations 30 and 31 (information by account managers) shall not apply to a dormant account, while section 1 or 2 of the Dormant Bank and Building Society Accounts Act 2008 (“the 2008 Act ”) applies in relation to that account.
2
Where, following a repayment claim, the balance of a dormant account is paid —
a
back into the account (in a case where the original cash account can be reinstated with the same account manager, the same account investor and number), or
b
into another cash account in the same account investor’s name, with the same account manager (in any other case),
the payment into the account shall not count towards the subscription limits in regulation 4(2) and (3).
3
In this regulation, “repayment claim” means a repayment claim mentioned in section 5(6) of the 2008 Act, and other terms used in this regulation and that Act have the same meaning in this regulation as in that Act.
.
Michael Fabricant
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
10th January 2011
Mike Eland
Lesley Strathie
Two of the Commissioners for Her Majesty’s Revenue and Customs
10th January 2011


text:
Citation and Commencement
1
This Order may be cited as the Distribution of Dormant Account Money (Apportionment) Order 2011 and comes into force on the day after the day on which it is made.
Apportionment
2
The following percentages are prescribed for the purposes of section 17(1) of the Dormant Bank and Building Society Accounts Act 2008 (apportionment of dormant account money) —
a
83.9 per cent for meeting expenditure in relation to England,
b
4.9 per cent for meeting expenditure in relation to Wales,
c
8.4 per cent for meeting expenditure in relation to Scotland,
d
2.8 per cent for meeting expenditure in relation to Northern Ireland.
Signatory text
Nick Hurd
Parliamentary Secretary, Cabinet Office
19th July 2011