text:
Citation and commencement
1
1
This Order may be cited as the Central Bedfordshire (Electoral Changes) Order 2011.
2
This Order comes into force —
a
for the purpose of proceedings preliminary or relating to the elections of councillors, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2011.
Interpretation
2
In this Order —
“map” means the map marked “Map referred to in the Central Bedfordshire (Electoral Changes) Order 2011”, of which prints are available for inspection at the principal office of the Local Government Boundary Commission for England;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 .
Wards of the district of Central Bedfordshire and number of councillors
3
1
The existing wards of the district of Central Bedfordshire are abolished.
2
The district is divided into thirty-one wards each bearing a name listed in the Schedule.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
The number of councillors to be elected for each ward is the number specified in relation to that ward in column 2 of the Schedule.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.
Wards of the parish of Biggleswade and number of councillors
4
1
The existing wards of the parish of Biggleswade are abolished.
2
The parish is divided into three wards named respectively —
a
Holme;
b
Ivel;
c
Stratton.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Seven councillors are to be elected for Ivel ward.
5
Five councillors are to be elected for Stratton ward.
6
Three councillors are to be elected for Holme ward.
Wards of the parish of Dunstable and number of councillors
5
1
The existing wards of the parish of Dunstable are abolished.
2
The parish is divided into five wards named respectively —
a
Central;
b
Icknield;
c
Manshead;
d
Northfields;
e
Watling.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Five councillors are to be elected for each of the following wards:
a
Icknield;
b
Northfields;
c
Watling.
5
Three councillors are to be elected for each of the following wards:
a
Central;
b
Manshead.
Wards of the parish of Houghton Regis and number of councillors
6
1
The existing wards of the parish of Houghton Regis are abolished.
2
The parish is divided into three wards named respectively —
a
Houghton Hall;
b
Parkside;
c
Tithe Farm.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Six councillors are to be elected for Houghton Hall ward.
5
Four councillors are to be elected for each of the following wards:
a
Parkside;
b
Tithe Farm.
Wards of the parish of Leighton-Linslade and number of councillors
7
1
The existing wards of the parish of Leighton-Linslade are abolished.
2
The parish is divided into eight wards named respectively —
a
Barnabas;
b
Brooklands;
c
Grovebury;
d
Leston;
e
Planets;
f
Plantation;
g
Southcott;
h
St George’s.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Four councillors are to be elected for each of the following wards:
a
Grovebury;
b
Southcott.
5
Three councillors are to be elected for each of the following wards:
a
Barnabas;
b
Plantation.
6
Two councillors are to be elected for each of the following wards:
a
Brooklands;
b
Planets;
c
St George’s.
7
One councillor is to be elected for Leston ward.
Sealed with the seal of the Local Government Boundary Commission for England on the 28th day of January 2011
Max Caller
Chairman
Local Government Boundary Commission for England
28th January 2011


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Social Security Pensions (Low Earnings Threshold) Order 2011 and shall come into force on 6th April 2011.
Low earnings threshold
2
For the purposes of the Social Security Contributions and Benefits Act 1992 , it is directed that the low earnings threshold for the tax years following the tax year 2010 – 2011 shall be £14,400.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
22nd February 2011


text:
Citation
1
This Order may be cited as the Pensions Act 2008 (Commencement No. 10) Order 2011.
Commencement of provisions
2
The following provisions of the Pensions Act 2008 shall come into force on 6th April 2012 —
a
section 106 (contracting-out: abolition of all protected rights),
b
section 148 (repeals), in so far as it relates to Part 3 of Schedule 11, and
c
Part 3 of Schedule 11 (repeals having effect in accordance with section 106).
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
12th May 2011


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011 and come into force on 1st October 2011.
2
These Regulations only apply to construction contracts entered into after the coming into force of these Regulations.
3
These Regulations do not apply to construction contracts to the extent that they relate to the carrying out of construction operations in Wales.
4
In these Regulations —
“the Act” means the Housing Grants, Construction and Regeneration Act 1996; and
“the Principal Regulations ” means the Scheme for Construction Contracts (England and Wales) Regulations 1998 .
Amendment to regulation 3 of the Principal Regulations
2
In paragraph (b) of regulation 3 of the Principal Regulations, after “section 110”, insert “or by section 110A” .
Amendments to Part 1 (Adjudication) of the Schedule to the Principal Regulations
3
1
Part 1 (Adjudication) of the Schedule to the Principal Regulations is amended as follows.
2
In paragraph 1(1), before the words “of his intention”, insert the words “at any time”.
3
After paragraph 7(3) insert —
Upon receipt of the referral notice, the adjudicator must inform every party to the dispute of the date that it was received
.
4
In paragraph 9(4), for the second sentence substitute —
Subject to any contractual provision pursuant to section 108A(2) of the Act, the adjudicator may determine how the payment is to be apportioned and the parties are jointly and severally liable for any sum which remains outstanding following the making of any such determination
.
5
In paragraph 11(1), for the third sentence substitute —
Subject to any contractual provision pursuant to section 108A(2) of the Act, the adjudicator may determine how the payment is to be apportioned and the parties are jointly and severally liable for any sum which remains outstanding following the making of any such determination
.
6
In paragraph 15(b)–
a
insert the word “the” after the word “as”; and
b
for the words “be justified”, substitute “justify”.
7
In paragraph 19(1)–
a
in paragraphs (a) and (b), for the words “the date”, substitute “receipt”; and
b
in paragraph (c), insert the words “receipt of” after the word “after”.
8
In paragraph 20(b), for the words “section 111(4)”, substitute “section 111(9)” .
9
In paragraph 21, omit the words “in accordance with this paragraph”.
10
After paragraph 22 insert —
22A
1
The adjudicator may on his own initiative or on the application of a party correct his decision so as to remove a clerical or typographical error arising by accident or omission.
2
Any correction of a decision must be made within five days of the delivery of the decision to the parties.
3
As soon as possible after correcting a decision in accordance with this paragraph, the adjudicator must deliver a copy of the corrected decision to each of the parties to the contract.
4
Any correction of a decision forms part of the decision.
11
Omit paragraph 23(1).
12
Omit paragraph 24.
13
In paragraph 25, for the second sentence substitute —
Subject to any contractual provision pursuant to section 108A(2) of the Act, the adjudicator may determine how the payment is to be apportioned and the parties are jointly and severally liable for any sum which remains outstanding following the making of any such determination
.
Amendments to Part 2 (Payment) of the Schedule to the Principal Regulations
4
1
Part 2 (Payment) of the Schedule to the Principal Regulations is amended as follows.
2
In paragraph 5–
a
omit the words “the expiry of”; and
b
insert the words “the expiry of” before the words “30 days following completion of the work”.
3
For paragraph 9, substitute —
Payment notice
9
1
Where the parties to a construction contract fail, in relation to a payment provided for by the contract, to provide for the issue of a payment notice pursuant to section 110A(1) of the Act, the provisions of this paragraph apply.
2
The payer must, not later than five days after the payment due date, give a notice to the payee complying with sub-paragraph (3).
3
A notice complies with this sub-paragraph if it specifies the sum that the payer considers to be due or to have been due at the payment due date and the basis on which that sum is calculated.
4
For the purposes of this paragraph, it is immaterial that the sum referred to in sub-paragraph (3) may be zero.
5
A payment provided for by the contract includes any payment of the kind mentioned in paragraph 2, 5, 6, or 7 above.
4
For paragraph 10, substitute —
Notice of intention to pay less than the notified sum
10
Where, in relation to a notice of intention to pay less than the notified sum mentioned in section 111(3) of the Act, the parties fail to agree the prescribed period mentioned in section 111(5), that notice must be given not later than seven days before the final date for payment determined either in accordance with the construction contract, or where no such provision is made in the contract, in accordance with paragraph 8 above.
Mark Prisk
Minister of State for Business and Enterprise
Department for Business, Innovation and Skills
19th September 2011


text:
Citation and commencement
1
These Regulations —
a
may be cited as the Landfill (Maximum Landfill Amount) Regulations 2011; and
b
come into force on 1st October 2011.
Landfill targets
2
The maximum amount of biodegradable municipal waste by weight in tonnes that may be sent to landfill from each area specified in the table in each scheme year that is a target year must be in accordance with the table.
Area Target Year ending in 2013 Target Year ending in 2020
United Kingdom 17,844,000 12,491,000 England 14,515,000 10,161,000 Scotland 1,798,000 1,258,000 Wales 919,000 643,000 Northern Ireland 612,000 429,000
Revocation
3
The Landfill (Scheme Year and Maximum Landfill Amount) Regulations 2004 are revoked, except for regulations 1 and 2.
Henley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
15th September 2011


text:
1
This Order may be cited as the Immigration (Designation of Travel Bans) (Amendment No.3) Order 2011 and shall come into force on 26th March 2011.
2
In Part 1 of the Schedule to the Immigration (Designation of Travel Bans) Order 2000 , insert “Resolution 1973 (2011) of 17 March 2011 (Libya).” at the appropriate place.
3
In Part 2 of the Schedule to the Immigration (Designation of Travel Bans) Order 2000 insert after “Council Decision 2011/137/ CFSP of 28th February 2011 (Libya)”, “as implemented by Council Implementing Decision 2011/175/CFSP of 21 March 2011 (Libya)” .
Damian Green
Minister of State
Home Office
24th March 2011


text:
Citation, commencement and effect
1
1
This Order may be cited as the Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2011.
2
The Order comes into force on 1st May 2011 and has effect from the beginning of prescribed accounting periods beginning on or after that date.
Amendment of section 57(3) of the Value Added Tax Act 1994
2
1
Section 57(3) of the Value Added Tax Act 1994 (determination of consideration for fuel supplied for private use) is amended as follows.
2
For Table A substitute —
Table A
Description of vehicle:
vehicle’s CO 2 emissions figure
12 month period
£
3 month period
£
1 month period
£
120 or less 630.00 157.00 52.00 125 945.00 236.00 78.00 130 1,010.00 252.00 84.00 135 1,070.00 268.00 89.00 140 1,135.00 283.00 94.00 145 1,200.00 299.00 99.00 150 1,260.00 315.00 105.00 155 1,325.00 331.00 110.00 160 1,385.00 346.00 115.00 165 1,450.00 362.00 120.00 170 1,515.00 378.00 126.00 175 1,575.00 394.00 131.00 180 1,640.00 409.00 136.00 185 1,705.00 425.00 141.00 190 1,765.00 441.00 147.00 195 1,830.00 457.00 152.00 200 1,890.00 472.00 157.00 205 1,955.00 488.00 162.00 210 2,020.00 504.00 168.00 215 2,080.00 520.00 173.00 220 2,145.00 536.00 178.00 225 or more 2,205.00 551.00 183.00
3
In the Notes, in Note (6)(c) for “230” substitute “225”.
Michael Fabricant
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd March 2011


text:
Citation and interpretation
1
1
This Order may be cited as the Equality Act 2010 (Guidance on the Definition of Disability) Appointed Day Order 2011.
2
In this Order —
“Guidance” means the guidance on matters to be taken into account in determining questions relating to the definition of disability;
“the 1995 Act ” means the Disability Discrimination Act 1995 ;
“the 2010 Act ” means the Equality Act 2010;
“the 2010 Order ” means the Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010 ;
“the 1996 Guidance ” means the Guidance on matters to be taken into account in determining questions relating to the definition of disability which was issued by the Secretary of State under the 1995 Act on 29th March 2006 ;
“adjudicating body” has the same meaning as in section 3(3A) of the 1995 Act in relation to any proceedings brought under the 1995 Act, and is defined in paragraph 12(2) of Schedule 1 to the 2010 Act in relation to any proceedings brought under the 2010 Act.
Appointed Day
2
1
1st May 2011 is the day appointed for the coming into force of the Guidance laid before Parliament in draft on 10th February 2011 and issued under paragraph 14(3) of Schedule 1 to the 2010 Act on 7th April 2011.
2
Paragraph (1) has effect subject to the provisions of article 3.
Transitional provision
3
1
This article applies in relation to any proceedings arising from a complaint presented to an adjudicating body, whenever presented, alleging that a person has, before 1st May 2011, committed an act which is unlawful discrimination or harassment.
2
A reference to an act in paragraph (1) of this article includes a reference to a continuing act which began before 1st May 2011.
3
A reference to proceedings in paragraph (1) of this article is a reference to —
a
Proceedings brought under the 1995 Act by virtue of article 15 of the 2010 Order, or
b
Proceedings brought under the 2010 Act by virtue of article 7 of the 2010 Order, or
c
Proceedings brought under the 2010 Act otherwise than by virtue of article 7 of the 2010 Order, and in which the act complained of occurred, or in which the continuing act complained of began, before 1st May 2011.
4
Where this article applies, the Guidance referred to in article 2(1) of this Order shall not have effect for the purposes of section 3 of the 1995 Act or paragraph 12(1) of Schedule 1 to the 2010 Act.
5
Where this article applies, the 1996 Guidance is to continue to have effect for the purposes referred to in paragraph (4) of this article.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Miller
Parliamentary Under-Secretary of State,
Department for Work and Pensions
26th April 2011


text:
Title, application and commencement
1
This Order may be cited as the Diseases of Animals (Approved Disinfectants) (Fees and Amendment) (England) Order 2011, applies in England and comes into force on 11th July 2011.
Fees payable on application
2
A manufacturer of disinfectant who applies to have a product approved under article 3 of the Diseases of Animals (Approved Disinfectants) (England) Order 2007 must, when applying, pay to the Secretary of State —
a
a fee of £1,000 for administrative services relating to the application, and
b
the fee specified in the Schedule in respect of each purpose for which the application is made, for testing the efficacy and quality of the disinfectant.
Annual fee
3
1
A manufacturer who has had a product approved under the Diseases of Animals (Approved Disinfectants) (England) Order 2007 must pay an annual fee of £375 to the Secretary of State by the due date for payment for post-approval testing and administrative costs.
2
The annual fee is payable in relation to every purpose specified in the Schedule for which the disinfectant remains approved on the due date for payment.
3
The due date for payment is 1st September in every year.
Value Added Tax
4
Where Value Added Tax is chargeable in respect of the provision of a fee prescribed in this Order there is payable in addition to that fee a further fee equivalent to the amount of Value Added Tax.
Amendment to the Diseases of Animals (Approved Disinfectants) (England) Order 2007
5
For article 6 of the Diseases of Animals (Approved Disinfectants) (England) Order 2007 substitute —
6
1
The Secretary of State may amend, suspend or revoke the approval or refuse to renew the approval in respect of a disinfectant in the following circumstances —
a
production has ceased;
b
the disinfectant is no longer efficacious or of suitable quality;
c
the manufacturer does not comply with any condition of approval;
d
the disinfectant does not comply with the Biocidal Products Regulations 2001; or
e
the manufacturer who is required to pay the annual fee in accordance with article 3 of the Diseases of Animals (Approved Disinfectants) (Fees and Amendment) (England) Order 2011 has failed to make payment by the due date for payment.
2
The Secretary of State may also suspend an approval pending investigation of any disinfectant if the Secretary of State has reasonable grounds to suspect that any of the circumstances in paragraph (1)(a) to (d) apply.
Revocation
6
The Diseases of Animals (Approved Disinfectants) (Fees) (England) Order 2010 is revoked.
Jim Paice
Minister of State
Department for Environment, Food and Rural Affairs
25th May 2011
Michael Fabricant
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
15th June 2011


text:
Citation, commencement, extent and application
1
1
This Order may be cited as the Tunisia (Restrictive Measures) (Overseas Territories) Order 2011 and shall come into force on 18th March 2011.
2
This Order shall extend to the territories listed in Schedule 1.
3
Article 13 shall apply to the Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 2.
4
Article 13 shall apply to the Falkland Islands and South Georgia and the South Sandwich Islands subject to the modification set out in Schedule 3.
5
In the application of this Order to any of the said territories the expression “the Territory” in this Order means that territory;
6
An offence may be committed under articles 4(2), 5(2), 7, 10(4), 11(1) or (2), by any person in the Territory or by any person elsewhere who is —
a
a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person and is ordinarily resident in the Territory; or
b
a body incorporated or constituted under the law of any part of that Territory.
Interpretation
2
1
In this Order, the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say —
“aircraft” means a fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing airborne vehicle or helicopter;
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or services;
“funds” means financial assets and benefits of every kind, including (but not limited to) —
cash, cheques, claims on money, drafts, money orders and other payment instruments;
deposits with relevant institutions or other entities, balances on accounts, debts and debt obligations;
publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;
interest, dividends or other income on or value accruing from or generated by assets;
credit, rights of set-off, guarantees, performance bonds or other financial commitments;
letters of credit, bills of lading, bills of sale;
documents providing evidence of an interest in funds or financial resources;
“frozen account” means an account with a relevant institution which is held or controlled by a listed person;
“Gazette” means the official gazette of a Territory or any other form in which official information is normally made available in that Territory;
“Governor” means the Governor or other officer administering the Government of the Territory;
“listed person” means any person listed in Annex I to the Regulation (as modified from time to time) or a person identified in a direction by the Governor under article 8(1);
“person” means any natural or legal person, entity or body;
“the Regulation” means Council Regulation ( EU ) No. 101/2011 adopted by the Council of the European Union on 4th February 2011 which came into force on 5th February 2011 (the date of its publication) and which places restrictive measures on certain persons responsible for the misappropriation of Tunisian State funds and persons associated with them as amended from time to time;
“relevant institution” means —
the person responsible for carrying out in the Territory the functions of a monetary authority;
any person who may lawfully accept deposits in or from within the Territory by way of business; or
any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members;
“ship” includes every description of vessel used in navigation;
“Supreme Court” means the court of the Territory having unlimited jurisdiction in civil proceedings;
“vehicle” means land transport vehicle.
2
For the purpose of the definition of “relevant institution” in paragraph (1) —
a
the activity of accepting deposits has the meaning given in any relevant order made under section 22 of the Financial Services and Markets Act 2000 ; and
b
a person is not regarded as accepting deposits by way of business if —
i
the person does not hold themselves out as accepting deposits on a day to day basis, and
ii
any deposits which they accept are accepted only on particular occasions, whether or not involving the issue of any securities.
3
In determining for the purposes of paragraph (2)(b)(ii) whether deposits are accepted only on particular occasions, regard is to be had to the frequency of those occasions and to any characteristics distinguishing them from each other.
Publicly available list of listed persons
3
1
The Governor shall —
a
maintain a list of listed persons;
b
cause the list to be published in the Gazette of the Territory as necessary from time to time.
2
Except where this Order provides otherwise, expressions used in the Regulation which are also used in this Order have the same meaning in this Order as they have in the Regulation.
FUNDS AND ECONOMIC RESOURCES
Freezing funds and economic resources
4
1
A person shall not deal with funds or economic resources belonging to, or owned, held or controlled by a listed person unless they do so under the authority of a licence granted under article 9.
2
A person who contravenes the prohibition in paragraph (1) shall be guilty of an offence under this Order.
3
In proceedings for an offence under this article, it is a defence for a person to show that they did not know and had no reasonable cause to suspect that the funds or economic resources were owned, held or controlled by a listed person.
4
In this article, “to deal with” means —
a
in respect of funds —
i
to use, alter, move, allow access to or transfer;
ii
to deal with in any other way that would result in any change in volume, amount location, ownership, possession, character or destination, or;
iii
to make any other change that would enable use, including portfolio management; and
b
in respect of economic resources, to exchange or use in exchange for funds, goods or services.
Making funds and economic resources available
5
1
A person shall not make funds or economic resources available, directly or indirectly, to or for the benefit of a listed person unless authorised by a licence granted under article 9.
2
A person who contravenes the prohibition in paragraph (1) shall be guilty of an offence under this Order.
3
In proceedings for an offence under this article, it is a defence for a person to show that they did not know and had no reasonable cause to suspect funds or economic resources were being made available, directly or indirectly, to or for the benefit of a listed person.
Exceptions
6
1
A person is not guilty of an offence under article 4 or 5 if they credit a frozen account with —
a
interest or other earnings due on the account; or
b
payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which the account holder became a listed person.
2
It is not an offence under article 5 for a relevant institution to credit a frozen account where it receives funds transferred by a third party to a frozen account under this Order.
3
Article 4 applies to any funds credited to a frozen account in accordance with this article.
4
In this article: “third party” means a person other than the account holder or the relevant institution with which the account is maintained.
Circumventing prohibitions etc
7
Any person who participates knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to —
a
circumvent a prohibition in article 4(1) or 5(1); or
b
enable or facilitate the commission of an offence under article 4(2) or 5(2),
shall be guilty of an offence under this Order.
Governor’s powers to give directions
8
1
Where the Governor has reasonable grounds for suspecting that a person is a person listed in Annex I to the Regulation, the Governor may give a direction that such person is a listed person for the purposes of this Order.
2
The Governor may vary or revoke such a direction at any time.
3
A direction under paragraph (1) has effect —
a
for such a period as the Governor may specify in the direction, or
b
until the direction is revoked or set aside.
4
Where the Governor gives a direction the Governor shall —
a
take such steps as the Governor considers appropriate to publicise the direction;
b
give written notice to the person identified in the direction; and
c
if the direction is varied or revoked —
i
give written notice of the variation or revocation to the person identified in the direction; and
ii
take such further steps as the Governor considers appropriate to publicise the variation or revocation.
5
The Supreme Court may set aside a direction on the application of —
a
the person identified in the direction, or
b
any other person affected by the direction.
6
A person who makes an application under paragraph (5) shall give a copy of the application and any witness statement or affidavit in support to the Governor not later than seven days before the date fixed for the hearing by the Supreme Court of the application.
Licences
9
1
The Governor may grant a licence to disapply the prohibition in article 4(1) or 5(1) in relation to the acts specified in the licence.
2
A licence may relate to —
a
basic expenses of a listed person and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines, medical treatment, taxes, insurance premiums and public utility charges;
b
payments of reasonable professional fees and expenses associated with the provision of legal services;
c
payment of fees or service charges for the routine holding or maintenance of funds in a frozen account or economic resources;
d
payment of necessary extraordinary expenses as determined by the Governor provided that the other Member States and the Commission of the European Union have been notified of the grounds for the Governor’s determination at least two weeks before the Governor’s authorisation of payment;
e
satisfaction of a judicial, administrative or arbitral lien or judgment provided that the lien or judgment was entered into prior to 5th February 2011 and is not for the benefit of a listed person.
3
A licence may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions; and
c
of indefinite duration or subject to an expiry date.
4
The Governor may vary or revoke a licence at any time.
5
Where a licence is granted, varied or revoked by the Governor, the Governor shall —
a
in the case of a licence granted to a particular person, give written notice of the licence, variation or revocation to that person, and
b
in the case of a general licence, or of a licence granted to a category of persons, take such steps as the Governor considers appropriate to publicise the licence, variation or revocation.
DISCLOSURE BY FINANCIAL INSTITUTIONS
Failure to disclose knowledge or suspicion
10
1
If a relevant institution knows or suspects that a relevant person —
a
is a listed person, or
b
has committed an offence under article 4(2), 5(2), 7, 11(1) or (2),
it shall disclose to the Governor the information or other matter specified in paragraph (2) as soon as is reasonably practicable after that information or other matter comes to its attention.
2
A relevant institution, when it makes a disclosure to the Governor under paragraph (1), must state —
a
the information or other matter on which the knowledge or suspicion is based;
b
any information it holds about the relevant person by which the person can be identified; and
c
where the relevant person is a listed person, the nature and amount or quantity of any funds or economic resources held by the relevant institution for that person since the person first became a listed person.
3
A relevant institution must inform the Governor without delay if it credits a frozen account in accordance with article 6(2).
4
A relevant institution which fails to comply with the requirement in paragraph (1), (2) or (3) is guilty of an offence under this Order.
5
In this paragraph “relevant person” means —
a
a customer of the relevant institution;
b
a person who has been a customer of the relevant institution at any time on or after 5th February 2011; or
c
a person with whom the relevant institution has had dealings in the course of business on or after that date.
6
where a relevant institution discloses to the Governor —
a
its knowledge or suspicion that a person is a listed person or a person who has committed an offence under article 4(2), 5(2), 7, 10(4), 11(1) or (2); or
b
any information or other matter on which that knowledge or suspicion is based,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
GENERAL
Offences in connection with application for licences, conditions attaching to licences, etc
11
1
If, for the purposes of obtaining any licence under this Order, any person makes a statement or furnishes any document or information which to their knowledge is false in any material particular, or recklessly makes any statement or furnishes any document or information which is false in a material particular, they shall be guilty of an offence under this Order.
2
Subject to paragraph (3), any person who has done any act under the authority of a licence granted by the Governor under this Order and who fails to comply with the conditions attaching to that licence shall be guilty of an offence under this Order.
3
No person shall be guilty of an offence under paragraph (2) where they prove that the condition with which they failed to comply was modified, otherwise than with their consent, by the Governor after the doing of the act authorised by the licence.
Obtaining of evidence and information
12
1
The provisions of Schedule 4 shall have effect in order to facilitate the obtaining, by or on behalf of the Governor —
a
of evidence or information for the purpose of securing compliance with or detecting evasion of:
i
this Order in the Territory; or
ii
any law making provision with respect to the matters regulated by this Order that is in force in the United Kingdom, any of the Channel Islands or the Isle of Man or any British overseas territory;
b
of evidence of the commission of —
i
in the Territory, an offence under this Order or, with respect to any of the matters regulated by this Order, an offence relating to customs; or
ii
with respect to any of the matters regulated by this Order, an offence under the law of the United Kingdom, any of the Channel Islands or the Isle of Man or any British overseas territory;
c
of evidence or information establishing —
i
the nature and amount or quantity of any funds or economic resources owned, held or controlled by a listed person; or
ii
the nature of any financial transactions entered into by a listed person;
d
of evidence or information considered by the Governor appropriate to cooperate with any domestic or international investigation relating to the funds, economic resources or financial transactions of a listed person.
2
No information furnished or document produced by any person in pursuance of a request made under Schedule 4 shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced, provided that a person who has obtained information or is in possession of a document only in their capacity as a servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or the possession of that document in their own right;
b
to any person empowered under Schedule 4 to request that it be furnished or produced to any person holding or acting in any office under or in the service of —
i
the Crown in respect of the Government of the United Kingdom;
ii
the Government of the Isle of Man;
iii
the States of Guernsey or Alderney or the Chief Pleas of Sark;
iv
the States of Jersey; or
v
the Government of any other British overseas territory;
c
with a view to the institution of, or otherwise for the purposes of, any proceedings —
i
in the Territory, for an offence under this Order or with respect to any of the matters regulated by this Order, for any offence relating to customs, or
ii
for an offence under any law making provision with respect to such matters that is in force in the United Kingdom, any of the Channel Islands, the Isle of Man or any British overseas Territory;
d
to the Financial Services Authority of the United Kingdom or to the monetary authority of any other country or territory.
Penalties and proceedings
13
1
A person guilty of an offence under article 4(2), 5(2), 7 or paragraph 4(1)(b) or (d) of Schedule 4 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
2
A person guilty of offence under article 11(1) or (2) is liable —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding £5,000 or its equivalent.
3
A person guilty of an offence under article 10(4) or paragraph 4(1)(a) or (c) of Schedule 4 shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £5,000 or its equivalent or to both.
4
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he or she, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
5
Summary proceedings for an offence under this Order, being an offence alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.
6
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
7
No proceedings for an offence under this Order shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions.
8
Notwithstanding that the necessary consent under paragraph (7) to the institution of proceedings for the offence may not have been obtained, paragraph (7) shall not prevent —
a
the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or
b
the remand in custody or on bail of any person charged with such an offence.
Notices
14
1
This article has effect in relation to any notice to be given to a person by the Governor under article 8(4)(b) or (c), or 9(5)(a).
2
Any such notice may be given:
a
by posting it to the person’s last known address, or
b
where the person is a body corporate, by posting it to the registered or principal office of the body corporate in the Territory.
3
Where the Governor does not have an address in the Territory for the person, he must make arrangements for the notice to be given to that person at the first available opportunity.
Exercise of the powers of the Governor
15
1
The Governor may to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his powers under this Order to any person, or class or description of persons, approved by him, and references in this Order to the Governor shall be construed accordingly.
2
Any licences granted under this Order shall be in writing and may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.
Miscellaneous
16
1
Any provision of this Order which prohibits the doing of an act except under the authority of a licence granted by the Governor shall not have effect in relation to any such act done anywhere other than the Territory provided that it is duly authorised.
2
An act is duly authorised for the purpose of paragraph (1) if it is done under the authority of a licence granted in accordance with any law in force in the place where it is done (being a law substantially corresponding to the relevant provisions of this Order) by the authority competent in that behalf under that law.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Equality Act 2010 (Specific Duties) Regulations 2011 and come into force on the day after the day they are made.
2
In these Regulations “ the Act ” means the Equality Act 2010.
Publication of information
2
1
Each public authority listed in either Schedule to these Regulations must publish information to demonstrate its compliance with the duty imposed by section 149(1) of the Act.
2
A public authority listed in Schedule 1 to these Regulations must publish the information —
a
not later than 31st January 2012; and
b
subsequently at intervals of not greater than one year beginning with the date of last publication.
3
A public authority listed in Schedule 2 to these Regulations must publish the information —
a
not later than 6th April 2012; and
b
subsequently at intervals of not greater than one year beginning with the date of last publication.
4
The information a public authority publishes in compliance with paragraph (1) must include, in particular, information relating to persons who share a relevant protected characteristic who are —
a
its employees;
b
other persons affected by its policies and practices.
5
Paragraph (4)(a) does not apply to a public authority with fewer than 150 employees.
Equality objectives
3
1
Each public authority listed in either Schedule to these Regulations must prepare and publish one or more objectives it thinks it should achieve to do any of the things mentioned in paragraphs (a) to (c) of subsection (1) of section 149 of the Act.
2
The objectives must be published —
a
not later than 6th April 2012; and
b
subsequently at intervals of not greater than four years beginning with the date of last publication.
3
An objective published by a public authority in compliance with paragraph (1) must be specific and measurable.
Manner of publication
4
1
Each public authority listed in either Schedule to these Regulations must publish the information referred to in regulations 2 and 3 in such a manner that the information is accessible to the public.
2
A public authority may comply with a duty to publish information imposed by regulation 2 or 3 by publishing the information within another published document.
Theresa May
Secretary of State for the Home Department
9th September 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leeds College of Music (Dissolution) Order 2011 and comes into force on 1st August 2011.
2
In this Order , “Leeds College of Music” means the higher education corporation known as Leeds College of Music.
Dissolution of Leeds College of Music Higher Education Corporation
2
1
Leeds College of Music is dissolved on 1st August 2011 and all of its property, rights and liabilities are transferred to Leeds College of Music Limited.
2
Sections 127(2), (3) and (4) of the Education Reform Act 1988 apply to any person employed by Leeds College of Music immediately before 1st August 2011 as if reference in that section to —
a
a person to whom that section applies were to a person so employed;
b
the transfer date were to 1st August 2011;
c
the transferor authority were to Leeds College of Music, and
d
the corporation were to Leeds College of Music Limited.
David Willetts
Minister of State
Department for Business, Innovation and Skills
Date 7th July 2011


text:
1
This Order may be cited as the Proscribed Organisations (Name Changes) Order 2011 and shall come into force on 11 th November 2011.
2
1
The name specified in paragraph (2), being a name that is not specified in Schedule 2 to the Terrorism Act 2000, is to be treated as another name for both Al-Ghurabaa and The Saved Sect, being organisations listed in that Schedule .
2
The name is Muslims Against Crusades.
Theresa May
Secretary of State
Home Office
8th November 2011


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Armenia) Order 2011.
Double taxation and international tax enforcement arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Agreement set out in Part 1 of the Schedule to this Order and in the Protocol set out in Part 2 of that Schedule have been made with the Government of the Republic of Armenia;
b
the arrangements have been made with a view to affording relief from double taxation in relation to income tax, corporation tax, capital gains tax and taxes of a similar character imposed by the laws of the Republic of Armenia and for the purposes of assisting international tax enforcement; and
c
it is expedient that the arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the NHS Commissioning Board Authority (Establishment and Constitution) Order 2011 and comes into force on 31st October 2011.
2
This Order applies in relation to England only.
3
In this Order —
“ the Act ” means the National Health Service Act 2006;
“the Appointments Commission” means the Appointments Commission established by section 57 of the Health Act 2006 ;
“the Authority” means the NHS Commissioning Board Authority established by article 2 of this Order;
“clinical commissioning group” means a body consisting of persons who are providers of primary medical services and which has the function of arranging for the provision of services referred to in section 3 of the Act and such other services as it considers appropriate for the purposes of the health service;
“employing authority” means the Secretary of State, a Strategic Health Authority, a Primary Care Trust or the Appointments Commission.
Establishment of the Authority
2
There is to be established a Special Health Authority known as the NHS Commissioning Board Authority.
Functions of the Authority
3
1
The Authority is to exercise —
a
such functions in connection with preparing for the establishment and operation of a National Health Service Commissioning Board responsible for —
i
arranging the provision of services for the purposes of the health service, and
ii
exercising functions in relation to clinical commissioning groups; and
b
such other functions,
as the Secretary of State may direct .
2
The Authority must exercise those functions subject to, and in accordance with, any directions given to it by the Secretary of State .
Constitution of the Authority
4
1
The Authority is to consist of —
a
a chairman;
b
members who are officers of the Authority, including the Chief Executive; and
c
at least five other members who are not officers of the Authority in addition to the chairman.
2
The number of members who are officers of the Authority must be less than the numbers of members who are not such officers.
Transfer of officers from the Secretary of State, a Strategic Health Authority, a Primary Care Trust or the Appointments Commission
5
1
This article applies in relation to any person —
a
who, immediately before 31st October 2011, is employed by an employing authority; and
b
who has, before 31st October 2011, been notified in writing by the employing authority that employs that person that they are to be transferred to the Authority on that date.
2
Any person to whom paragraph (1) applies is, on 31st October 2011 (“the transfer date”), to be transferred to the employment of the Authority.
3
The contract of employment of a person whose employment has transferred to the Authority under paragraph (2) —
a
is not terminated by the transfer, and
b
has effect from the transfer date as if originally made between that person and the Authority.
4
Without prejudice to paragraph (3) —
a
all the rights, powers, duties and liabilities of the employing authority under, or in connection with, the contract of employment of any person whose employment transferred to the Authority on the transfer date under paragraph (2), is to transfer to the Authority on that date; and
b
anything done before the transfer date by, or in relation to, the employing authority, in respect of that person or that person’s contract of employment, is deemed to have been done by or in relation to the Authority.
5
Paragraphs (2) to (4) do not have effect to transfer the contract of employment of a person to whom this article applies, or any rights, powers, duties and liabilities under, or in connection with, that contract, if, before the transfer date, that person has objected to the transfer to the Authority and has informed the employing authority of that objection.
6
Where a person to whom this article applies has objected to the transfer of that person’s contract of employment to the Authority as described in paragraph (5), that contract of employment is to terminate immediately before the date on which it would otherwise have transferred to the Authority.
7
A person whose contract of employment is terminated in accordance with paragraph (6) is not to be treated for any purpose as having been dismissed by the employing authority.
8
This article is without prejudice to any right of a person whose employment is transferred to the Authority to terminate that person’s contract of employment if a substantial change is made to that person’s detriment in that person’s working conditions.
9
No right mentioned in paragraph (8) shall arise by reason only that, under this article, the identity of the person’s employer changes unless that person shows that, in all the circumstances, the change is a significant change and is to that person’s detriment.
Consequential amendment of regulations
6
The amendments contained in the Schedule have effect.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
12th September 2011


text:
Citation and commencement
1
1
These Regulations may be cited as the Merchant Shipping (Flag State Directive) Regulations 2011.
2
These Regulations come into force on 10th December 2011.
Interpretation
2
1
In these Regulations —
“the 2004 Regulation ” means Regulation (EC) No 789/2004 of the European Parliament and of the Council of 21st April 2004 on the transfer of cargo and passenger ships between registers within the Community and repealing Council Regulation (EEC) No 613/91 ;
“ the Directive ” means Directive 2009/21/ EC of the European Parliament and of the Council of 23rd April 2009 on compliance with flag State requirements ;
“flag State”, in relation to a ship, means the State whose flag the ship is entitled to fly; and
“United Kingdom ship” means a ship registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 .
2
Subject to paragraph (1), expressions used in these Regulations and in the Directive have the same meaning as in the Directive.
Duty to ensure information is retained
3
1
The Secretary of State must ensure that the information referred to in Article 6 of the Directive concerning each United Kingdom ship —
a
is kept; and
b
can be readily accessed by the Secretary of State.
2
The duty in paragraph (1) ends —
a
12 months after the date on which the ship ceases to be a United Kingdom ship; or
b
if sooner, on the date on which the information is provided to a flag State under regulation 4(2) or under Article 4(3) of the 2004 Regulation.
Duty to provide information
4
1
This regulation applies to a ship which was a United Kingdom ship but which is now entitled to fly the flag of another State.
2
If the flag State requests it, the Secretary of State must promptly provide details of outstanding deficiencies and any other relevant safety-related information concerning the ship.
3
Paragraph (2) does not apply to —
a
information which is not readily accessible by the Secretary of State;
b
information which the Secretary of State is required to disclose to that State under Article 4(3) of the 2004 Regulation;
c
information within regulation 12(1) or (2) of the Merchant Shipping (Accident Reporting and Investigation) Regulations 2005 ; or
d
information the disclosure of which would be injurious to the public interest.
Review
5
1
The Secretary of State must from time to time —
a
carry out a review of regulations 3 and 4;
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 the Directive is implemented in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by those regulations;
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 the day on which these Regulations come into force.
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
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
3rd November 2011


text:
General
Citation and commencement
1
These Regulations may be cited as the Storage of Carbon Dioxide (Termination of Licences) Regulations 2011, and come into force on 11th July 2011.
Review
2
1
Before the end of each review period, the Secretary of State must —
a
carry out a review of regulations 3 to 19, except in so far as they apply to any licence granted or function exercised by the Scottish Ministers;
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 Articles 18 and 20 of the Directive (which are implemented by means of regulations 3 to 19) 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 regulations 3 to 19;
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
In this regulation, “review period” means —
a
the period of five years beginning with the day on which these Regulations come into force; and
b
subject to paragraph (5), each successive period of five years.
5
If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
Interpretation
3
1
In these Regulations —
a
any reference to a numbered section is to that section of the Energy Act 2008; and
b
subject to paragraph (2), any reference to an EU instrument, or a provision of such an instrument, is to that instrument or provision as amended from time to time.
2
Paragraph (1)(b) does not apply to the definitions referred to in paragraph (4), regulation 14(3) or regulation 15(3)(c).
3
In these Regulations —
“abandonment programme”, in respect of a licence, means the abandonment programme (within the meaning of section 29(1) of the Petroleum Act 1998 ) applicable to an installation established or maintained in accordance with that licence for the purposes of an activity mentioned in section 17(2)(a), (b) or (c);
“applicant” means a licence holder who has made a termination application;
“authority” means either —
the Secretary of State; or
the Scottish Ministers,
as licensing authority in accordance with section 18(2);
“CO 2 ” means carbon dioxide;
“the Directive” means Directive 2009/31/ EC of the European Parliament and of the Council on the geological storage of carbon dioxide and amending Council Directive 85/337/ EEC , European Parliament and Council Directives 2000/60/EC , 2001/80/EC , 2004/35/EC , 2006/12/EC , 2008/1/EC and Regulation (EC) No 1013/2006 ;
“licence” has the meaning given to it in the licensing regulations (and “licence holder” is to be construed accordingly);
“licensing regulations” means the Storage of Carbon Dioxide (Licensing etc. ) Regulations 2010 or, in respect of licences issued by the Scottish Ministers, the Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011 ;
“notice” means notice in writing (and “notification” and “notify” shall be construed accordingly);
“operator”, in relation to a storage permit, means the person who carries on or (where different) controls activities at the storage site or, where a storage permit has been terminated or revoked, the person who carried on or (where different) controlled activities at the storage site immediately before such termination or revocation;
“post-transfer costs” means the costs for which the authority will be liable as a result of the transfer of obligations and liabilities to the authority pursuant to regulations 14 and 15;
“storage permit” has the meaning given to it in the licensing regulations;
“termination application” means an application under regulation 4 for termination of a licence;
“termination notice” means a notice served by the authority as required by regulation 11(2)(a) or regulation 12(2);
“transfer report” means a report that complies with Article 18(2) of the Directive.
4
In these Regulations, the following expressions have the meanings given by Article 3 of the Directive (and cognate terms shall be construed accordingly) —
“closure”;
“leakage”;
“storage site”.
Applications and information
Applications for termination
4
1
Where a storage site has been closed in accordance with the terms of a licence, the licence holder may apply to the authority for the licence to be terminated.
2
An application for termination of a licence must —
a
be made in writing to the authority; and
b
include a transfer report in respect of the storage site permitted under the licence.
Request for a transfer report
5
1
Where —
a
a storage site has been closed in accordance with the terms of a licence, and
b
no termination application has been made to the authority,
the authority may request the operator to provide a transfer report within the period specified in the request.
2
Where the authority requests a transfer report under paragraph (1), the operator must, within the specified period, provide to the authority —
a
a transfer report; or
b
a statement of the reasons why the operator is unable to provide a transfer report.
Information to be provided to the European Commission
6
Where the authority receives a transfer report under regulation 4(2)(b) or 5(2)(a) the authority must provide to the European Commission —
a
a copy of the transfer report (within one month after receipt); and
b
when it complies with subparagraph (a), or as soon as practicable thereafter, any other related material that the authority proposes to take into account in considering whether or not to prepare a draft termination notice under regulation 9(2).
Termination where a storage site has been closed in accordance with the terms of a licence
Minimum period
7
1
When the authority approves a proposed post-closure plan in respect of a storage site in accordance with the licensing regulations, the authority must determine the minimum period (the “minimum period”) that must elapse between the date of closure of the storage site and the termination of the licence.
2
Subject to paragraph (3), the minimum period must be no less than twenty years from the date of the closure of the storage site.
3
Where the minimum period has not elapsed and the authority considers that the condition set out in regulation 8(a) has been met, the authority may reduce the period determined under paragraph (1), which reduced period becomes the minimum period.
4
The authority must notify the licence holder, as soon as reasonably practicable, of the minimum period determined under paragraph (1) or (3).
Transfer conditions
8
For the purposes of regulations 9 to 11, the transfer conditions are that —
a
all available evidence indicates that the stored CO 2 will be completely and permanently contained;
b
the minimum period (determined under regulation 7) has elapsed;
c
the operator has provided the financial contribution notified to it under regulation 10(4);
d
the storage site has been sealed and the injection facilities have been removed; and
e
the abandonment programme has been carried out in accordance with Part 4 of the Petroleum Act 1998 .
Issuing a draft termination notice
9
1
Paragraph (2) applies where the authority receives a transfer report under regulation 4(2)(b) or 5(2)(a).
2
Where this paragraph applies, the authority must prepare a draft termination notice if it is satisfied that —
a
the transfer report complies with Article 18(2) of the Directive; and
b
the conditions listed in regulation 8(a) and (b) have been met in respect of the storage site.
3
Where a draft termination notice is prepared under paragraph (2), the authority must prepare a statement of —
a
the method by which the authority will determine whether or not the conditions listed in regulation 8(d) and (e) have been met; and
b
whether any part of the abandonment programme remains to be carried out.
4
No later than 28 days after the authority completes the preparation of a draft termination notice, the authority must forward to the European Commission —
a
a copy of the notice and of the statements prepared under paragraph (3); and
b
any material taken into consideration by the authority in preparing the notice that has not already been provided to the Commission under regulation 6(b).
5
Where the authority is not satisfied under paragraph (2), the authority must as soon as reasonably practicable notify the licence holder of the reasons for its decision.
Financial obligations
10
1
Where the authority prepares a draft termination notice under regulation 9(2), it must determine the amount and form of financial contribution from the operator that the authority considers will be sufficient to cover the expected post-transfer costs.
2
In determining the amount and form of financial contribution, the authority must —
a
take into account the factors set out in Article 20(1) of the Directive; and
b
consider any representations received from the operator pursuant to paragraph (3).
3
The authority must —
a
notify the operator of the determination it intends to make;
b
in that notification give the operator at least 28 days in which to make written representations to the authority.
4
The authority must notify the operator of —
a
the authority’s determination of the amount and form of the financial contribution; and
b
the date by which the financial contribution must be provided to the authority.
5
The operator must provide the financial contribution to the authority in accordance with the notification made under paragraph (4).
Serving a termination notice
11
1
Where the authority has prepared a draft termination notice under regulation 9(2), it must —
a
consider any opinion on the draft notice issued by the Commission under Article 18(4) of the Directive; and
b
determine whether or not each transfer condition set out in regulation 8 has been met.
2
Where the authority determines that each transfer condition set out in regulation 8 —
a
has been met, it must serve a termination notice in accordance with regulation 13(1); or
b
has not been met, it must notify the licence-holder of that determination and the reasons for it.
3
No later than 28 days after issuing a termination notice under paragraph (2)(a), the authority must —
a
provide a copy of a termination notice to the European Commission; and
b
state to the European Commission the reasons for any departure from the Commission’s opinion issued under Article 18(4) of the Directive.
4
Where —
a
paragraph (2)(b) applies;
b
the operator has provided the financial contribution notified to it under regulation 10(4); and
c
the operator requests the return or release of that contribution,
the authority must comply with that request within 90 days of receipt of the request.
Termination where a storage site has been closed after the revocation of a storage permit
Serving a termination notice after revocation of a storage permit
12
1
Paragraph (2) applies where a storage site is closed pursuant to regulation 12(2)(a) or (3)(a) of the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010 or regulation 11(2)(a) or (3)(a) of the Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011.
2
Where this paragraph applies, the authority must serve a termination notice in accordance with regulation 13(1) if it is satisfied that in respect of the storage site —
a
all available evidence indicates that the stored CO 2 will be completely and permanently contained; and
b
the storage site is sealed and the injection facilities have been removed.
Content and effects of a termination notice
Termination notices and the provision of information
13
1
A termination notice must be served on the licence holder and must specify the time and date when the licence terminates.
2
Where the authority serves a termination notice, the authority may by written notice to the licence holder require the licence holder to provide the authority with all records, returns, plans, maps, samples, data and other information that the licence holder holds in respect of the storage site.
3
The authority may use any information provided to it under paragraph (2) for the purposes of carrying out the obligations transferred to it under regulation 14 or discharging the liabilities transferred to it under regulation 15, or such of its other functions as the authority considers appropriate.
Transfer of obligations
14
1
Except as provided in paragraph (2) and regulation 15, the termination of a licence does not affect any obligation imposed upon, or liability incurred by, the licence holder.
2
Immediately on the termination of a licence, there are transferred from the licence holder to the authority the licence holder’s obligations in relation to —
a
monitoring, pursuant to Articles 13 and 18(6) and Annex II of the Directive;
b
corrective measures;
c
the surrender of allowances in the event of leakages under legislation implementing Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC ; and
d
preventive and remedial action under legislation implementing Articles 5(1) and 6(1) of Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage .
3
In this regulation, “corrective measures” has the meaning given to it by Article 3 of the Directive.
Transfer of liabilities
15
1
Immediately on the termination of a licence, there are transferred from the licence holder to the authority any leakage liabilities incurred by the licence holder prior to termination of the licence, subject to paragraph (2).
2
There is no transfer to the authority of any leakage liabilities that, on the termination of the licence, constitute a debt or a judgment debt for a liquidated sum where that debt —
a
was payable by the licence holder before the termination of the licence; or
b
is payable by the licence holder after the termination of the licence but at a time which is certain.
3
In this regulation —
a
“judgment debt” has the meaning given to it in section 104 of the Tribunals, Courts and Enforcement Act 2007 ;
b
“leakage liabilities” means any liabilities, whether future or present, actual or contingent, arising from leakage from the storage complex to which the relevant licence relates and includes liabilities for personal injury, damage to property and economic loss; and
c
“storage complex” has the meaning given to it by Article 3 of the Directive.
Recovery of costs
16
1
The authority may recover from the operator any costs which the authority incurs in consequence of the transfer of obligations or liabilities under regulation 14 or 15, to the extent that such costs arise due to fault on the part of the operator.
2
For the purposes of paragraph (1), fault includes negligence, deceit, or a failure to exercise due diligence.
3
Sums due by the operator pursuant to this regulation are recoverable by the authority as a civil debt.
Compliance
Information
17
The licence holder must (to the extent it is not obliged to do so under the licence), provide the authority with such information as the authority may from time to time request for the purpose of determining whether —
a
to request a transfer report from the operator pursuant to regulation 5; or
b
to exercise any other function conferred on the authority by these Regulations.
Enforcement
18
1
A failure by —
a
the operator to comply with regulation 5(2) or 10(5); or
b
a licence holder to comply with regulation 13(2) or 17,
is deemed, for the purposes of section 24 (licensing authority’s power of direction), to be a breach of a provision of the licence, even where a licence has terminated.
2
It is an offence for —
a
a person to make a statement which the person knows to be false or recklessly to make a statement which is false —
i
in order to obtain the termination of a licence; or
ii
in a transfer report;
or
b
a licence holder to fail to disclose information which the licence holder knows, or ought to know, to be relevant to the authority’s decision to serve a notice under regulation 11(2) or 12(2).
3
A person guilty of an offence under paragraph (2) is liable —
a
on summary conviction —
i
in England and Wales or Northern Ireland, to a fine not exceeding the statutory maximum; or
ii
in Scotland, to a fine not exceeding £5,000; or
b
on conviction on indictment, to a fine.
4
Where an offence under paragraph (2) is committed by a body corporate and is proved to have been committed with the consent or connivance of an officer of the body corporate, that officer (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and dealt with accordingly.
5
Where an offence under paragraph (2) is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, that partner (as well as the partnership) is guilty of the offence and is liable to be proceeded against and punished accordingly.
6
In this regulation —
a
“officer”, in relation to a body corporate, means
i
any director, manager, secretary or other similar officer of the body corporate; or
ii
any person who was purporting to act in any such capacity;
b
“partner”, in relation to a Scottish partnership, includes any person who was purporting to act as a partner in the partnership.
7
In paragraph (6) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Criminal proceedings
19
1
Proceedings for an offence under regulation 18(2) may not be instituted in England and Wales except —
a
by the Secretary of State or a person authorised by the Secretary of State; or
b
by or with the consent of the Director of Public Prosecutions.
2
Proceedings for an offence under regulation 18(2) may not be instituted in Northern Ireland except —
a
by the Secretary of State or a person authorised by the Secretary of State; or
b
by or with the consent of the Director of Public Prosecutions for Northern Ireland.
Charles Hendry
Minister of State
Department of Energy and Climate Change
10th June 2011