text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Insurance Companies (Calculation of Profits: Policy Holders’ Tax) (Amendment) Regulations 2010 and shall come into force on 31st December 2010.
2
These Regulations shall have effect in relation to periods of account ending on or after the date on which these Regulations come into force.
Amendment of the Insurance Companies (Calculation of Profits: Policy Holders’ Tax) Regulations 2003
2
The Insurance Companies (Calculation of Profits: Policy Holders’ Tax) Regulations 2003 are amended as follows.
Amendment of regulation 2 (calculation of profits: policy holders’ tax)
3
In regulation 2(a) after “regulation 3” insert “or 3A”.
Amendment of regulation 3
4
In regulation 3 at the end as a new paragraph insert —
This regulation does not apply for a period of account in which there has been a substantial change in the business of the company, except to the extent permitted by regulation 3A(2)(a), or for any subsequent period of account.
.
Insertion of regulation 3A
5
After regulation 3 insert —
Basis of deduction following a substantial change in the business of a company
3A
1
This regulation applies for the purposes of regulation 2 where there has been a substantial change in the long-term business of a company.
2
Where the change occurred or occurs on or before 31st December 2010 —
a
in the first period of account ending on or after 31st December 2010 the basis of deduction is either —
i
the basis specified in regulation 3; or
ii
such other basis to determine the amount of tax expended on behalf of policy holders or annuitants as is just and reasonable; and
b
for any subsequent period of account, the basis of deduction is such basis to determine the amount of tax expended on behalf of policy holders or annuitants as is just and reasonable.
3
Where the change occurs in a period of account beginning on or after 1st January 2011, the basis of deduction to be used in relation to the period of account in which the change occurs and in relation to each subsequent period of account shall be such basis to determine the amount of tax expended on behalf of policy holders or annuitants as is just and reasonable.
4
For the purpose of determining whether a substantial change in the long-term business of a company has occurred in relation to —
a
the first period of account ending on or after 31st December 2010, the long-term business of the company as at the end of the last day of that period of account is to be compared with the long-term business of the company as at the end of the last day of the first period of account to which these regulations applied; and
b
a period of account beginning on or after 1st January 2011, the long-term business of the company as at the end of the last day of the period of account in which the substantial change occurs is to be compared with the long-term business of the company as at the end of the last day of the immediately preceding period of account.
5
For the purposes of this regulation, a basis to determine the amount of tax expended on behalf of policy holders and annuitants is just and reasonable if it takes account of and is consistent with —
a
the long-term business activities of the company; and
b
the structure of the long-term insurance fund.
6
In this regulation “a substantial change in the long-term business of a company” includes but is not limited to —
a
an insurance business transfer scheme;
b
the commencement of a new category of long-term business;
c
ceasing to write a category of long-term business; or
d
a change in the structure of the long-term insurance fund.
.
Amendment of regulation 4
6
For regulation 4 substitute —
Interpretation of regulations 3 and 3A
4
1
In regulation 3 “the latest company tax return” means the company tax return for the latest preceding accounting period of the company or the transferor company for which such a return has been delivered before the day on which these Regulations come into force.
2
In regulations 3 and 3A “an insurance business transfer scheme” means a scheme falling within section 105 of the Financial Services and Markets Act 2000 , including an excluded scheme falling within Case 2, 3, 4 or 5 of subsection (3) of that section.
3
In regulation 3A —
“long-term business”; and
“long-term insurance fund”
have the meanings given by section 431(2) of the Income and Corporation Taxes Act 1988 ..
.
Michael Fabricant
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
8th December 2010


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Buckinghamshire Hospitals National Health Service Trust (Establishment) Amendment Order 2010 and shall come into force on 1st November 2010.
2
In this Order —
“the Establishment Order ” means the Buckinghamshire Hospitals National Health Service Trust (Establishment) and the South Buckinghamshire National Health Service Trust and Stoke Mandeville Hospital National Health Service Trust (Dissolution) Order 2002 ;
“the trust” means the National Health Service trust established by the Establishment Order.
Amendment of article 1 of the Establishment Order
2
In article 1 of the Establishment Order (citation, commencement, interpretation and extent), in paragraph (2) —
a
for the definition of “ the Act ”, substitute —
“the Act” means the National Health Service Act 2006;
;
b
after the definition of “the Act”, insert —
“community health services” means any services which the Secretary of State has a duty to provide under section 3(1)(b), (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;
;
c
omit the definition of “operational date”; and
d
omit the definition of “the Authority”.
Change of name of trust and transitional provision
3
1
The trust shall be called the Buckinghamshire Healthcare National Health Service Trust instead of the Buckinghamshire Hospitals National Health Service Trust.
2
Accordingly in article 1(2) of the Establishment Order in the definition of “the trust”, and in article 2 of the Establishment Order (establishment and name of the trust), for “Hospitals” substitute “Healthcare”.
3
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Substitution of article 3 of the Establishment Order
4
For article 3 of the Establishment Order (nature and functions of the trust) substitute —
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.
.
Substitution of article 5 of the Establishment Order
5
For article 5 of the Establishment Order (operational and accounting dates of the trust) substitute —
Accounting date of the trust
5
The accounting date of the trust shall be 31st March.
.
Revocation of articles 6 and 7 of the Establishment Order
6
The following articles of the Establishment Order are revoked —
a
article 6 (limited functions before operational date); and
b
article 7 (assistance from Health Authority before operational date).
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
7th October 2010


text:
Title, application and commencement
1
These Regulations —
a
may be cited as the Products of Animal Origin (Third Country Imports) (England) (Amendment) Regulations 2010;
b
apply in England; and
c
come into force on 29th July 2010.
Amendments to the Products of Animal Origin (Third Country Imports) (England) Regulations
2
The Products of Animal Origin (Third Country Imports) (England) Regulations 2006 shall be amended as follows —
a
omit paragraph (5) of regulation 2 (Interpretation);
b
for Schedule 1 (Import Conditions) substitute the Schedule set out in these Regulations.
Jim Paice
Minister of State
Department for Environment, Food and Rural Affairs
5th July 2010


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Luxembourg) Order 2010.
Double taxation and international tax enforcement arrangements to have effect
2
It is declared that —
a
The arrangements specified in the Protocol set out in Schedule 1 to this Order and in the Exchange of Notes set out in Schedule 2, which vary the arrangements set out in the Convention between the United Kingdom of Great Britain and Northern Ireland and the Grand Duchy of Luxembourg for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital, have been made with the Grand Duchy of Luxembourg;
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, petroleum revenue tax and taxes of a similar character imposed by the laws of Luxembourg and for the purpose of assisting international tax enforcement;
c
It is expedient that those arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Pension Protection Fund (Pension Compensation Cap) Order 2010 and shall come into force on 1st April 2010.
The compensation cap
2
The amount specified for the purposes of paragraph (a) of the definition of “the compensation cap” in paragraph 26(7) of Schedule 7 to the Pensions Act 2004 (pension compensation provisions – compensation cap) is £33,054.09.
Revocation of the Pension Protection Fund (Pension Compensation Cap) Order 2009
3
The Pension Protection Fund (Pension Compensation Cap) Order 2009 is revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
7th March 2010


text:
Citation and commencement
1
1
This Order may be cited as the Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 2010.
2
This Order comes into force on the day section 111 of the Housing and Regeneration Act 2008 (register) comes into force.
Interpretation
2
1
In this Order —
“the 1996 Act ” means the Housing Act 1996 ;
“the 2008 Act ” means the Housing and Regeneration Act 2008;
“the 2008 Order ” means the Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 ;
“the commencement date” means the day on which this Order comes into force; and
“English registered social landlord”, in relation to times, circumstances or purposes before the commencement date, means any person who, at the time in question —
is a registered social landlord within the meaning of Part 1 of the 1996 Act as it then has effect and does not fall within section 56(2) of that Act as it then has effect, or
has a corresponding registration under an earlier enactment.
2
References in this Order to words in an enactment which are being amended or repealed by the Order are references to the words in the text of the enactment (and therefore do not describe any non-textual modification of that enactment made by the 2008 Order or any other provision).
3
References in this Order to repeals include revocations.
Extent
3
An amendment or repeal made by this Order has the same extent as the enactment to which it relates.
Consequential amendments
4
The enactments specified in Schedule 1 to this Order have effect with the amendments specified.
Transitional and saving provisions
5
The amendments and repeals made by this Order have effect subject to the transitional and saving provisions in Schedule 2 to this Order.
Repeals
6
1
The enactments specified in Schedule 3 to this Order are repealed to the extent specified.
2
The 2008 Order is revoked subject to the transitional and saving provisions in this Order and in an order under section 321 or 325 of the 2008 Act.
Signed by authority of the Secretary of State for Communities and Local Government
Ian Austin
Parliamentary under Secretary of State
Department for Communities and Local Government
8th March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Additional Statutory Paternity Pay (Weekly Rates) Regulations 2010 and come into force on 6th April 2010.
Weekly rate of payment of additional statutory paternity pay
2
The weekly rate of payment of additional statutory paternity pay shall be the smaller of the following two amounts —
a
£124.88;
b
90% of the normal weekly earnings of the person claiming additional statutory paternity pay, determined in accordance with regulations 31 and 32 of the Additional Statutory Paternity Pay (General) Regulations 2010 .
Rounding of fractional amounts
3
Where any payment of additional statutory paternity pay is made on the basis of a calculation at —
a
the weekly rate specified in regulation 2(b); or
b
the daily rate of one-seventh of the weekly rate specified in regulation 2(a) or (b),
and that amount includes a fraction of a penny, the payment shall be rounded up to the nearest whole number of pence.
Pat McFadden
Minister for Business, Innovation and Skills
Department for Business, Innovation and Skills
24th March 2010


text:
Citation and commencement
1
These Rules may be cited as the Insolvency (Amendment) (No. 2) Rules 2010 and come into force on 6th April 2010.
Amendment of Insolvency (Amendment) Rules 2010
2
The Insolvency (Amendment) Rules 2010 are amended as provided in Rules 3 to 12 below.
3
In Rule 3, for “paragraph 558” substitute “paragraph 559”.
4
In paragraph 190(2) of Schedule 1, for “creditors’ committee” substitute “liquidation committee”.
5
In paragraph 204(3) of Schedule 1, for “paragraph (1)” substitute “paragraph (1A)”.
6
In paragraph 502 of Schedule 1, in each of sub-paragraphs (3) to (6), for “paragraph 558” substitute “paragraph 559”.
7
In paragraph 529 of Schedule 1 —
a
number the unnumbered first sub-paragraph as (1);
b
renumber the second sub-paragraph (numbered (1)) as (2).
8
In sub-paragraph (2) of each of paragraphs 531, 532 and 556 of Schedule 1, at the beginning of the words in quotation marks “ HM Land Registry is cancelled” insert “at”.
9
Omit paragraph 538 of Schedule 1.
10
In the heading of Schedule 2, for the reference to paragraph 558 of Schedule 1 substitute a reference to paragraph 559.
11
For paragraph 2(1)(b) of Schedule 4 substitute —
b
the amendments in the following paragraphs of Schedule 1 to these Rules: 1, 21(3), 22, 35, 36(2) to (4), 37, 40(3), 42, 43(4), 45(4), 66(5) and (6), 95, 97(2), 99(3), 106, 108(3), 109, 113, 114, 116(2) and (3)(a), 117, 142(2), 143, 146(2) to (5), (7) and (8)(a), 149(3), 150(2), (3)(a) and (4), 154 to 156, 161, 162(2) to (6) and (8), 165(2) and (3)(a) and (c), 166, 168(2), 169, 170(2) and (3), 171, 173, 210(2)(a) and (c), 211(2)(a) and (c), 222(4)(a) and (c), 226(2)(a) and (c), 248(2) and (3)(b), 250, 254(3), 255(4) and (5), 256, 260, 266(2)(a) and (b), (3) and (4), 282, 291(2), (3) and (4)(a), 296, 297, 300, 301(2) and (3), 302(2), 303, 304(3) and (4), 307(2) and (3), 308, 309, 310(2), 314, 315(3), 317(3), 320, 326, 328, 330(2)(a) and (c), 331 to 335, 337, 365(a) and (c), 383, 384(2), (3)(a) and (4), 385, 391(2), 393(2) and (3)(b), 395, 397(2)(a) and (c), 398(2) and (3), 399, 401(2) and (3)(a), 402(2), 403, 404(3)(b), 406, 416, 419, 420, 422, 423, 424(2) and (3)(b), 425, 426, 428, 429, 430(2) and (3)(b), 431, 440(2) and (3)(a), 441, 443 to 445, 451, 453, 456, 464(3), 465, 473(3), 478, 479, 480(3), 482, 493, 495, 499(9), 502(3) to (6), 503, 504, 505(3) and (4), 513 to 516, 518(2) and (3), 519 to 523, 525, 526, 529, 531 to 537, 540 to 545, 547, 549, 552, 555, 556, 559 (so far as it relates to Forms 6.13, 6.17, 6.18, 7.1 and 7.2 and new Forms 6.13A, 6.17A, 6.18A and 7.1A) and 560(5) and (6);
.
12
For paragraph 2(3)(a) of Schedule 5 substitute —
a
the amendments in the following paragraphs of Schedule 1 to these Rules: 1, 440(2) and (3)(a), 441, 443 to 445, 451, 453, 456, 464(3), 465, 473(3), 478, 479, 480(3), 482, 493, 495, 499(9), 502(3) to (6), 559 (so far as it relates to Forms 7.1 and 7.2 and new Form 7.1A) and 560(5) and (6);
.
Additional transitional provision
13
Where a company goes into voluntary liquidation under paragraph 83 of Schedule B1 to the Act in a case in which article 12(1) and (2) of the Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2010 causes section 104A of the Act and the amendments to section 105 of the Act to apply, the amendments to the Insolvency Rules 1986 made by the Insolvency (Amendment) Rules 2010 apply to the extent necessary to give effect to section 104A and the amendments to section 105 notwithstanding that by virtue of paragraph 1(6)(a) or (b) of Schedule 4 to the Insolvency (Amendment) Rules 2010 those amendments to the Insolvency Rules 1986 would otherwise not apply.
Jack Straw
Lord Chancellor and Secretary of State for Justice
9th March 2010
I concur, by the authority of the Lord Chief Justice
The Rt Hon Sir Andrew Morritt
The Chancellor of the High Court
10th March 2010
I concur, on behalf of the Secretary of State
Ian Lucas
Minister for Business and Regulatory Reform
Department for Business, Innovation and Skills
10th March 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export Control (Guinea) Order 2010 and shall come into force on 20th February 2010.
2
In this Order —
“the 1979 Act ” means the Customs and Excise Management Act 1979 ;
“the customs and excise Acts” and “assigned matter” have the same meanings as in section 1 of the 1979 Act;
“an EU authorisation” means an authorisation granted under Article 4 of the Regulation ;
“the Regulation” means Council Regulation (EU) No 1284/2009 .
Offences related to equipment which might be used for internal repression
2
1
A person who contravenes any of the following provisions of the Regulation commits an offence —
a
Article 2(a) (prohibition on sale etc. to Guinea of items which might be used for internal repression);
b
Article 2(b) (prohibition on provision to Guinea of technical assistance or brokering services related to items which might be used for internal repression);
c
Article 2(c) (prohibition on provision to Guinea of financing or financial assistance related to items which might be used for internal repression).
2
A person who contravenes Article 2(d) (prohibition on participation, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibition in Article 2(a), (b) or (c)) of the Regulation commits an offence and may be arrested.
3
A person who is knowingly concerned in an activity prohibited by Article 2(a), (b) or (c) of the Regulation with intent to evade the prohibition in that Article commits an offence and may be arrested.
4
Nothing in this article creates offences related to prohibitions on the exportation of goods from the United Kingdom (as to which see the 1979 Act).
Offences related to military items
3
1
A person who contravenes Article 3(a) (prohibition on provision to Guinea of technical assistance or brokering services related to military items) or (b) (prohibition on provision to Guinea of financing or financial assistance related to military items) of the Regulation commits an offence.
2
A person who contravenes Article 3(c) (prohibition on participation, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibition in Article 3(a) or (b)) of the Regulation commits an offence and may be arrested.
3
A person who is knowingly concerned in an activity prohibited by Article 3(a) or (b) of the Regulation with intent to evade the prohibition in that Article commits an offence and may be arrested.
Offences related to EU authorisations
4
1
If, for the purpose of obtaining an EU authorisation, a person —
a
makes any statement or furnishes any document or information which to that person’s knowledge is false in a material particular; or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
that person commits an offence; and any EU authorisation granted in connection with the application for which the false statement was made or the false document or information furnished shall be void from the time it was granted.
2
A person who, having acted under the authority of an EU authorisation, fails to comply with any of the requirements or conditions to which the EU authorisation is subject commits an offence, unless —
a
the EU authorisation was modified after the completion of the act authorised; and
b
the alleged failure to comply would not have been a failure had the EU authorisation not been so modified.
Overlap with Export Control Order 2008
5
1
Nothing in Part 2, 3 or 4 of the Export Control Order 2008 prohibits an activity that is carried out under the authority of an EU authorisation.
2
In any case where a person would, apart from this paragraph, be guilty of —
a
an offence under this Order; and
b
a corresponding offence under the Export Control Order 2008,
that person shall not be guilty of the offence under the Export Control Order 2008.
Penalties
6
1
A person guilty of an offence under article 2(1) or 3(1) of this Order is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
A person guilty of any other offence under this Order except one to which paragraph (3) applies is liable —
a
on summary conviction —
i
in England and Wales or Northern Ireland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or to both;
ii
in Scotland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding twelve months, or to both; or
b
on conviction on indictment to a fine or to imprisonment for a term not exceeding two years, or to both.
3
This paragraph applies to an offence under article 2(3) or 3(3) of this Order that —
a
is committed in the United Kingdom or by a United Kingdom person; and
b
relates to —
i
the sale, supply or exportation of goods within Annex I to the Regulation;
ii
the transfer of technology within Annex I to the Regulation; or
iii
the provision of brokering services, as defined by Article 1(c) of the Regulation, related to goods within either Annex I to the Regulation or the Common Military List of the European Union ( OJ No C 65, 19.3.2009, p1).
4
A person guilty of an offence to which paragraph (3) applies is liable —
a
on summary conviction —
i
in England and Wales or Scotland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding twelve months, or to both;
ii
in Northern Ireland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both; or
b
on conviction on indictment to a fine or to imprisonment for a term not exceeding ten years, or to both.
5
In paragraph (4)(a)(i) as it applies to England and Wales, in the case of an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, for “twelve months” substitute “six months”.
6
In the case of an offence committed in connection with a prohibition or restriction in Article 2(a) of the Regulation, sections 68(3)(b) and 170(3)(b) of the 1979 Act shall have effect as if for the words “7 years” there were substituted the words “10 years”.
Application of the 1979 Act
7
1
Where the Commissioners for Her Majesty’s Revenue and Customs investigate or propose to investigate any matter with a view to determining —
a
whether there are grounds for believing that an offence under this Order has been committed; or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter.
2
Section 77A of the 1979 Act (provision as to information powers) shall apply to a person concerned in an activity which, if not authorised by an EU authorisation, would contravene Article 2 or 3 of the Regulation and accordingly references in section 77A of the 1979 Act to exportation shall be read as including any such activity.
3
Section 138 of the 1979 Act (provision as to arrest of persons) shall apply to the arrest of a person for an offence under this Order as it applies to the arrest of a person for an offence under the customs and excise Acts.
4
Sections 145 , 146 , 146A , 147 , 148, 150 , 151 , 152 , 154 , and 155 of the 1979 Act (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under this Order as they apply in relation to offences and penalties under the customs and excise Acts.
Lord Young of Norwood Green
Minister for Postal Affairs and Employment Relations
Department for Business, Innovation and Skills
18th February 2010


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Cayman Islands) Order 2010.
Double taxation and international tax enforcement arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Exchange of Letters set out in Part 1 of the Schedule to this Order and in the arrangement set out in Part 2 of that Schedule have been made with the Government of the Cayman Islands;
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 Cayman Islands and for the purpose 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
These Regulations may be cited as the Town and Country Planning (Compensation) (No.3) (England) Regulations 2010 and shall come into force on 1st October 2010.
2
These Regulations apply in relation to England only.
3
In these Regulations —
“ the Act ” means the Town and Country Planning Act 1990;
“the DMPO ” means the Town and Country Planning (Development Management Procedure) (England) Order 2010
“the GPDO ” means the Town and Country Planning (General Permitted Development) Order 1995 ; and
“Schedule 2” means Schedule 2 to the GPDO.
Prescribed development
2
For the purposes of paragraphs (2A)(a) and (3C)(a) of section 108 of the Act (compensation where development order or local development order withdrawn), development of the following description is prescribed —
a
development permitted by Part 1 of Schedule 2 (development within the curtilage of a dwelling house);
b
development permitted by Class I of Part 3 of Schedule 2 (changes of use relating to dwelling houses and houses in multiple occupation);
c
development permitted by Class A of Part 8 of Schedule 2 (erection, extension or alteration of an industrial building or a warehouse);
d
development permitted by Part 32 of Schedule 2 (schools, colleges, universities and hospitals);
e
development permitted by Part 41 of Schedule 2 (office buildings); and
f
development permitted by Part 42 of Schedule 2 (shops or catering, financial or professional services establishments).
Prescribed manner in which planning permission to be withdrawn
3
For the purposes of section 108(3C)(b) of the Act, the prescribed manner for withdrawing planning permission is by direction in accordance with articles 4, 5 and (as appropriate) 6 of the GPDO.
Notice of withdrawal – prescribed manner and period
4
For the purposes of section 108(3C)(c) of the Act —
a
the prescribed manner in which notice of the withdrawal is to be published is in the manner described in paragraphs (1) to (5) of article 5 of the GPDO; and
b
the prescribed period is 24 months.
Notice of withdrawal, revocation, amendment or directions – prescribed manner and period
5
For the purposes of section 108(3D)(c) of the Act —
a
the prescribed manner for publication of notice of the revocation, amendment or directions is in the manner described in paragraphs (7) and (8) of article 34 of the DMPO; and
b
the prescribed period is 24 months.
Revocation
6
The Town and Country Planning (Compensation) ( No. 2) (England) Regulations 2010 are revoked.
Signed by authority of the Secretary of State for Communities and Local Government
Grant Shapps
Minister of State
Department for Communities and Local Government
1st September 2010


text:
Title, application and commencement
1
This Order —
a
may be cited as the Poultry Compartments (England) Order 2010;
b
applies in England; and
c
comes into force on 15th March 2010.
Competent authority
2
The Secretary of State is the competent authority for the purposes of Commission Regulation EC (No) 616/2009 implementing Council Directive 2005/94/EC as regards the approval of poultry compartments and other captive bird compartments with respect to avian influenza and additional preventive biosecurity measures in such compartments as amended from time to time.
Applications
3
Applications for approval of compartments must be made on the forms provided by the Secretary of State on the Department for Environment, Food and Rural Affairs website.
Power of inspectors
4
1
An inspector may, for any purpose relating to this Order —
a
enter any premises certified as a compartment under this Order and any administrative site which contains records relevant to the certification of a site as a compartment;
b
require the keeper to produce or copy any document or record;
c
remove and retain a copy of any document or record;
d
have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with records;
e
where a record is kept by means of a computer, require the record to be produced in a form which may be taken away;
f
be accompanied by a representative of the European Commission or any people or things the inspector considers necessary.
2
A person required to do anything by an inspector acting under paragraph (1) must, unless they have reasonable cause, do so without delay.
3
For the purposes of this article an inspector means any person approved as an inspector under the Animal Health Act 1981.
Inspections
5
1
The Secretary of State must inspect all production sites before approving them as a compartment or part of a compartment.
2
Once production sites are approved as compartments the Secretary of State must reinspect those sites at intervals determined by an assessment of risk associated with each premises.
3
When inspecting production sites the Secretary of State must also inspect administrative sites which hold records relevant to the approval of these production sites as compartments or parts of compartments.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
21st January 2010


text:
Preliminary
Citation, commencement and application
1
1
This Order may be cited as the Access to the Countryside (Coastal Margin) (England) Order 2010.
2
This Order comes into force on 6th April 2010.
3
This Order applies in relation to England only.
General interpretation
2
In this Order —
“alternative route strip”, in relation to an official alternative route, means the land which becomes coastal margin during the operation of that route;
“approved section of the English coastal route” means a route in relevant approved proposals (other than an official alternative route);
“the CROW Act ” means the Countryside and Rights of Way Act 2000;
“relevant coastal margin”, in relation to relevant approved proposals, means the land which becomes coastal margin by virtue of article 3(2) or (3) as a result of the proposals being approved;
“temporary route” means a route for the time being having effect by virtue of a direction under section 55I of the 1949 Act .
Descriptions of land
Descriptions of coastal margin
3
1
Land in England is coastal margin for the purposes of Part 1 of the CROW Act (access to the countryside) if it falls within one or more of the following descriptions.
2
The first description of land is —
a
land over which the line of an approved section of the English coastal route passes,
b
land which is adjacent to and within 2 metres either side of that line, and
c
land which is seaward of the line of an approved section of the English coastal route and lies between land within sub-paragraph (b) in relation to that approved section and the seaward extremity of the foreshore,
if the land within sub-paragraphs (a) to (c), taken as a whole, is coastal land.
3
The second description of land is land which —
a
is landward of the line of an approved section of the English coastal route,
b
is —
i
foreshore, cliff, bank, barrier, dune, beach or flat, or
ii
land of any other kind, which is treated by section 15(1) as being accessible to the public apart from the CROW Act, and
c
when taken together with land within the first description in relation to the approved section, is coastal land.
4
The third description of land is —
a
land over which the line of an official alternative route which is for the time being in operation passes, and
b
land which is adjacent to and within 2 metres either side of that line.
5
The fourth description of land is —
a
land over which the line of a temporary route passes, and
b
land which is adjacent to and within 2 metres either side of that line,
to the extent that the land is within section 55I(4)(d) of the 1949 Act (land over which the owner has agreed the temporary route may pass).
Cases where route determined in accordance with provision in the proposals
4
1
This article applies where relevant approved proposals contain a proposal of the kind mentioned in section 55B of the 1949 Act (power to determine the route in accordance with provision made in the report) in relation to an approved section of the English coastal route or part of an approved section.
2
In article 3(2) the references to the line of an approved section of the English coastal route are, in relation to that section or part, references to the line of the section or part as it has effect from time to time in accordance with the relevant approved proposals.
Cases where landward boundary of coastal margin to coincide with physical feature
5
1
This article applies where relevant approved proposals contain a proposal under section 55D(2)(a) of the 1949 Act for the landward boundary of the relevant coastal margin, or any part of that boundary, to coincide with a physical feature identified in the proposal.
2
The landward boundary of the relevant coastal margin or part is (despite article 3(2) and (3)) to coincide with that feature.
3
It is immaterial whether the effect of this article is —
a
to include land as coastal margin, or
b
to exclude part of an area of coastal land from being coastal margin.
Cases where official alternative route determined in accordance with provision in the proposals
6
1
This article applies where, by virtue of section 55C(6) of the 1949 Act (application to alternative routes of power conferred by section 55B etc ), relevant approved proposals contain a proposal of the kind mentioned in section 55B of that Act in relation to an official alternative route or part of an official alternative route.
2
In article 3(4), the references to the line of an official alternative route are, in relation to that official alternative route or part, references to the line of the route or part as it has effect from time to time in accordance with the relevant approved proposals.
Cases where landward or seaward boundary of alternative route strip to coincide with physical feature
7
1
This article applies where relevant approved proposals contain a proposal under section 55D(2)(b) of the 1949 Act for the landward or seaward boundary of an alternative route strip in relation to an official alternative route, or any part of such a boundary, to coincide with a physical feature identified in the proposal.
2
The boundary in question is (despite article 3(4)) to coincide with that feature.
Modifications of Part 1 of the CROW Act
Modifications of Part 1 of the CROW Act
8
The Schedule contains amendments of Part 1 of the CROW Act (access to the countryside) which modify the way in which that Part applies in relation to land which is coastal margin.
In the Schedule —
Part 1 contains amendments of Schedule 1 to that Act (excepted land for purposes of Part 1),
Part 2 contains amendments of Schedule 2 to that Act (restrictions to be observed by persons exercising right of access),
Part 3 contains amendments of Chapter 2 of Part 1 of that Act (exclusion or restriction of access), and
Part 4 contains other amendments of that Part.
Signed by authority of the Secretary of State
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
1st March 2010


text:
Citation and commencement
1
1
This Order may be cited as the Rent Officers (Housing Benefit Functions) Amendment Order 2010.
2
Articles 1, 2 and 4 come into force on 18th March 2011.
3
Articles 3 and 5 come into force on 1st April 2011.
Amendment of the Rent Officers (Housing Benefit Functions) Order 1997 coming into force on 18th March 2011
2
1
The Rent Officers (Housing Benefit Functions) Order 1997 is amended as follows.
2
In article 4B (broad rental market area determinations and local housing allowance determinations) —
a
omit —
i
paragraph (2A)(a)(ii);
ii
paragraph (4) as substituted by article 6(4)(b) of the Rent Officers (Housing Benefit Functions) Amendment Order 2007 ;
iii
paragraph (4A);
b
in paragraph (6) omit “, (4) or (4A)”.
3
In Schedule 3B (broad rental market area determinations and local housing allowance determinations) —
a
in paragraph 1 (categories of dwelling) —
i
omit sub-paragraph (1)(f);
ii
in sub-paragraph (2)(b) for “to (f)” substitute “to (e)”;
b
in paragraph 2 (local housing allowance for category of dwelling in paragraph 1) —
i
for sub-paragraphs (9) and (10) substitute —
9
Subject to paragraph (12), the local housing allowance for each category of dwelling specified in paragraph 1 is the amount of the rent at the 30th percentile in the list of rents for that category of dwelling.
10
The rent at the 30th percentile in the list of rents (“R”) is determined as follows —
a
where the number of rents on the list is a multiple of 10, the formula is —
R  =
the amount of the rent at P  +   the amount of the rent at P1
2
where —
P is the position on the list found by multiplying the number of rents on the list by 3 and dividing by 10; and
P1 is the following position on the list;
b
where the number of rents on the list is not a multiple of 10, the formula is —
R  =  the amount of the rent at P2
where P2 is the position on the list found by multiplying the number of rents on the list by 3 and dividing by 10 and rounding the result upwards to the nearest whole number.
;
ii
in sub-paragraph (11) for “median rent” substitute “rent at the 30th percentile”;
iii
after sub-paragraph (11) insert —
12
Where the rent at the 30th percentile for the category of dwelling specified in the paragraph of this Schedule listed in column (1) of the following table exceeds the figure in column (2), the local housing allowance for that category of dwelling is the figure in column (2) —
(1) Paragraph of this Schedule defining the category of dwelling (2) Maximum local housing allowance for that category of dwelling
paragraph 1(1)(a) (one bedroom, shared accommodation) £250 paragraph 1(1)(b) (one bedroom, exclusive use) £250 paragraph 1(1)(c) (two bedrooms) £290 paragraph 1(1)(d) (three bedrooms) £340 paragraph 1(1)(e) (four bedrooms) £400
c
in paragraph 3 (anomalous local housing allowances) —
i
in sub-paragraph (1)(b) for “to (f)” substitute “to (e)”; and
ii
omit sub-paragraph (2).
Amendment of the Rent Officers (Housing Benefit Functions) Order 1997 coming into force on 1st April 2011
3
1
The Rent Officers (Housing Benefit Functions) Order 1997 is amended as follows.
2
In article 2(1) (interpretation), before the definition of “redetermination”, insert —
“person who requires overnight care” has the meaning given by regulation 2(1) of the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations;
.
3
In Schedule 1, in paragraph 4(2)(b) (determinations – local reference rents), after “room suitable for living in” in the first place it occurs insert “and neither the tenant nor the tenant’s partner is a person who requires overnight care”.
4
In Schedule 2 (size criteria) after paragraph 1 add —
1A
Where the tenant or the tenant’s partner is a person who is stated on the application for the determination as being a person who requires overnight care (or in any case where both of them are so stated), one additional bedroom is allowed.
.
Amendment of the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 coming into force on 18th March 2011
4
1
The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 is amended as follows.
2
In article 4B (broad rental market area determinations and local housing allowance determinations) —
a
omit —
i
paragraph (2A)(a)(ii);
ii
paragraph (4) as substituted by article 6(4)(b) of the Rent Officers (Housing Benefit Functions) Amendment Order 2007 ;
iii
paragraph (4A);
b
in paragraph (6) omit “, (4) or (4A)”.
3
In Schedule 3B (broad rental market area determinations and local housing allowance determinations) —
a
in paragraph 1 (categories of dwelling) —
i
omit sub-paragraph (1)(f);
ii
in sub-paragraph (2)(b) for “to (f)” substitute “to (e)”;
b
in paragraph 2 (local housing allowance for category of dwelling in paragraph 1) —
i
for sub-paragraphs (9) and (10) substitute —
9
Subject to paragraph (12), the local housing allowance for each category of dwelling specified in paragraph 1 is the amount of the rent at the 30th percentile in the list of rents for that category of dwelling.
10
The rent at the 30th percentile in the list of rents (“R”) is determined as follows —
a
where the number of rents on the list is a multiple of 10, the formula is —
R  =
the amount of the rent at P  +   the amount of the rent at P1
2
where —
P is the position on the list found by multiplying the number of rents on the list by 3 and dividing by 10; and
P1 is the following position on the list;
b
where the number of rents on the list is not a multiple of 10, the formula is —
R  =  the amount of the rent at P2
where P2 is the position on the list found by multiplying the number of rents on the list by 3 and dividing by 10 and rounding the result upwards to the nearest whole number.
;
ii
in sub-paragraph (11) for “median rent” substitute “rent at the 30th percentile”;
iii
after sub-paragraph (11) insert —
12
Where the rent at the 30th percentile for the category of dwelling specified in the paragraph of this Schedule listed in column (1) of the following table exceeds the figure in column (2), the local housing allowance for that category of dwelling is the figure in column (2) —
(1) Paragraph of this Schedule defining the category of dwelling (2) Maximum local housing allowance for that category of dwelling
paragraph 1(1)(a) (one bedroom, shared accommodation) £250 paragraph 1(1)(b) (one bedroom, exclusive use) £250 paragraph 1(1)(c) (two bedrooms) £290 paragraph 1(1)(d) (three bedrooms) £340 paragraph 1(1)(e) (four bedrooms) £400
c
in paragraph 3 (anomalous local housing allowances) —
i
in sub-paragraph (1)(b) for “to (f)” substitute “to (e)”; and
ii
omit sub-paragraph (2).
Amendment of the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 coming into force on 1st April 2011
5
1
The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 is amended as follows.
2
In article 2(1) (interpretation), before the definition of “redetermination”, insert —
“person who requires overnight care” has the meaning given by regulation 2(1) of the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations;
.
3
In Schedule 1, in paragraph 4(2)(b) (determinations – local reference rents), after “room suitable for living in” in the first place it occurs insert “and neither the tenant nor the tenant’s partner is a person who requires overnight care”.
4
In Schedule 2 (size criteria) after paragraph 1 add —
1A
Where the tenant or the tenant’s partner is a person who is stated on the application for the determination as being a person who requires overnight care (or in any case where both of them are so stated), one additional bedroom is allowed.
.
Signed by authority of the Secretary of State for Work and Pensions.
Freud
Parliamentary Under-Secretary of State,
Department for Work and Pensions
24th November 2010


text:
Citation
1
This Order may be cited as the Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No. 2) Order 2010.
Provisions coming into force on 15th February 2010
2
Section 10 of the Corporate Manslaughter and Corporate Homicide Act 2007 (power to order conviction etc to be publicised) shall come into force on 15th February 2010.
Transitional provision
3
The provisions coming into force by virtue of article 2 shall not have effect in relation to an offence of corporate manslaughter or corporate homicide committed before 15th February 2010.
Signed by the authority of the Secretary of State
Claire M Ward
Parliamentary Under Secretary of State
Ministry of Justice
9th February 2010


text:
PART 1 PRELIMINARY
Citation and commencement
1
This Order may be cited as the Harwich Parkeston Quay Harbour Revision Order 2010 and comes into force on 17th March 2010.
Interpretation
2
1
In this Order —
“the 1847 Act ” means the Harbours, Docks, and Piers Clauses Act 1847 ;
“the 1983 Act ” means the Parkeston Quay Act 1983 ;
“area of seaward construction activity” means the area of the sea within the limits of deviation shown on the deposited plans;
“the authorised works” means the works and operations authorised by article 3 and article 5;
“boat harbour” means the area bounded by a line drawn from Trinity Pier commencing at the landward end of that pier at a point at TM2580832662, then extending in a south-easterly direction along the Trinity House buoy yard quay wall to a point at TM2585832568, then continuing along the wall in a south-westerly direction to a point at TM2584132553, then extending in a south-easterly direction towards the A120 to a point at TM2587932513, then continuing in a south-westerly direction to a point at TM2582832465, then extending in a north-westerly direction to a point at TM2579132479, then in a south-westerly direction to a point at TM2569132454, then in a south-westerly direction to a point at TM2564332368, then in a westerly direction to a point at TM2558132366, then in a northerly direction to a point at TM2558832684, then in an easterly direction to a point at TM2561432683, then in a north-easterly direction to a point at TM2573132747 then in a north-easterly direction to a point at TM2574232748, then in a south easterly direction to a point at TM2580032661, then passing by the shortest line in an easterly direction and terminating at the point of commencement and for the purpose of identification only is shown cross hatched black on sheet 5 of the deposited plans;
“ the Company ” means Harwich International Port Limited a company incorporated in England with registered number 2486146;
“deposited plans” and “deposited sections” mean respectively the plans and sections prepared in duplicate signed by the Head of the Ports Division in the Department for Transport and marked “The Harwich Parkeston Quay Harbour Revision Order 2010”, of which copies are deposited at the offices of the Secretary of State for Transport and the registered office of the Company;
“existing” means existing at the commencement of this Order;
“the harbour undertaking” means the undertaking of the Company authorised by the Harwich Parkeston Quay enactments;
“Harwich Haven Authority” means the body having that name pursuant to section 12 of the Harwich Harbour Act 1988 and has the meaning assigned by the Harwich Harbour Acts and Orders 1973 to 2000;
“Harwich Parkeston Quay enactments” means the enactments specified in Schedule 1 and this Order;
“level of high water” means the level of mean high-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plans;
“mooring” includes any buoy, pile, pontoon, post, chain, pillar or like apparatus or convenience used for the mooring of vessels;
“ the river ” means the river Stour;
“tidal work” means so much of the authorised works as is on, under or over tidal waters or tidal lands below the level of high water;
“Trinity House” means the Corporation of Trinity House of Deptford Strond.
2
This Order shall be read as if the words “or thereabouts” were inserted after each direction, distance and length mentioned in article 3.
3
Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points.
PART 2 WORKS PROVISIONS
Power to make works
3
1
Subject to the provisions of this Order, the Company may, in the lines or situations shown on the deposited plans and according to the levels shown on the deposited sections, make and maintain the following works, with all necessary works and conveniences connected with them, as to part in the parish of Harwich and Ramsey and as to the remainder in the parish of Parkeston, in the district of Tendring, in the county of Essex, and partly on the foreshore and bed of Bathside Bay —
Work No. 1 - A quay wall, including berths for vessels and quayside cranes, commencing with a junction at the termination of the existing quay wall of Parkeston Quay at its eastern end (point C shown on the deposited plans and deposited sections), then extending in a straight line to a point at TM2562632679 (point D shown on the deposited plans and deposited sections), then extending in a straight line to a point at TM2562232490 (point E shown on the deposited plans and deposited sections), then extending in a straight line and terminating at a point at TM2564832490 (point F shown on the deposited plans and deposited sections) and enclosing an area of 74.55 hectares of the bed of Bathside Bay being the area enclosed by that quay wall and the line of mean high water springs shown on the deposited plans and deposited sections commencing at point C and terminating at point F.
Work No. 2 - A culvert, being an extension of the existing Dovercourt Dock River culvert, commencing at the existing outfall chamber and extending in a straight line and terminating at an outfall to be constructed in the proposed quay wall comprising part of Work No. 1 at a point 30 metres east of the commencement of Work No. 1.
Work No. 3 - A harbour wall incorporating an access walkway of solid construction commencing at the proposed quay wall comprising part of Work No. 1 at point D shown on the deposited plans and deposited sections and extending in a north-easterly direction and terminating at a point at TM2574332746 and having a length of 137 metres and a width not exceeding 13.7 metres.
Work No. 4 - A floating wavescreen of segmental fibre and galvanised steel reinforced concrete boxes with expanded polystyrene cores and anchored to the bed of the boat harbour, commencing at a point at TM2581232631 extending in a north westerly direction along the south side of the train ferry gantry for a distance of 110 metres and terminating at a point at TM2571232676.
Work No. 5 - A slipway adjacent to the proposed quay wall forming part of Work No. 1, commencing at point E shown on the deposited plans and deposited sections and terminating in the boat harbour at a point at TM2562732556.
2
The Company may, within the limits of deviation, from time to time alter or reconstruct temporarily or permanently the authorised works.
3
The Company may fill in and reclaim, or complete the reclamation of, so much of the foreshore and bed of Bathside Bay as is situated within the limits of deviation landward of the line of Work No. 1, and may hold and use, as part of the harbour undertaking or for other purposes of the Company, so much of that foreshore and bed as is required for or in connection with those purposes and may hold and use or dispose of the remainder for other purposes.
4
The Company may, when constructing Work No. 3, demolish the train ferry pier to the extent shown on the deposited plans and deposited sections.
5
For the purposes of section 23 of the Land Drainage Act 1991 (prohibition on obstructions etc in watercourses) as applying to the construction of the authorised works, any consent or approval by the Environment Agency given or deemed to be given under any provision of this Order with respect to the erection of any structure shall be deemed also to constitute a consent or approval under the said section 23 as respects the erection of that structure.
Period for completion of works
4
If the works are not completed within ten years from the coming into force of this Order, or such extended time as the Secretary of State may on the application of the Company allow, then on the expiration of that period or such extended time (as the case may be) the powers granted by this Order to the Company for making and maintaining the works shall cease except as to so much of the works as are then substantially commenced.
Subsidiary works
5
1
The Company may from time to time within the limits of deviation provide and operate such dock facilities, together with works ancillary to these facilities, as may be necessary or convenient for the construction of the works or the operation of the harbour undertaking, and for this purpose the Company may provide, construct and maintain roads, railway lines, buildings, sheds, offices, workshops, depots, walls, foundations, fences, gates, tanks, pumps, conduits, pipes, drains, wires, mains, cables, electrical substations, signals, conveyors, cranes, container handling equipment, lifts, hoists, lighting columns, weighbridges, stairs, ladders, stages, platforms, catwalks, equipment, machinery and appliances and such other works and conveniences as may be necessary or expedient.
2
Without prejudice to paragraph (1), the Company may within the limits of deviation carry out and maintain such other works as may be necessary or convenient for the purposes of, or in connection with or in consequence of, the construction, maintenance or use of the works including —
a
works for the accommodation or convenience of vessels (including dolphins and pontoons); and
b
works to alter the position of apparatus, including mains, sewers, drains, pipes, conduits, cables, electrical substations and electrical lines.
Power to dredge
6
1
The Company may (subject to the consent required by section 34 (crown rights) of the 1983 Act as applied by paragraph 1 of Part 1 of Schedule 3) from time to time deepen, dredge, scour, cleanse, alter and improve the bed, channel and foreshore of the river in the vicinity of the authorised works and the approaches to the river, and blast any rock in the river, for the purpose of constructing and maintaining those works and obtaining, preserving and improving uninterrupted access to and from those works or any other part of the harbour undertaking.
2
Subject to paragraph (3), any materials taken up or collected in the course of such operations shall (subject to the consent required by section 34 of the 1983 Act) be the property of the Company and may be used, sold, removed, deposited or otherwise disposed of as the Company may think fit.
3
No such materials shall be deposited below the level of high water except in accordance with —
a
such conditions and restrictions as may be approved by the Secretary of State; and
b
Part 2 of the Food and Environment Protection Act 1985 .
Power to deviate
7
1
In the construction of any part of the authorised works the Company may deviate from the lines or situations shown on the deposited plans to any extent not exceeding the limits of deviation, and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards and to such extent downwards as may be found necessary or convenient.
2
Notwithstanding the limits of deviation shown on the deposited plans, when the authorised works have been constructed the northerly limit of deviation of Works Nos. 1, 2, 3, 4 and 5 shall be 3 metres north of, respectively, the line of the proposed quay face and the centre line of Work No. 3, both as shown on the deposited plans.
Application of works provisions of 1983 Act
8
1
The following provisions of the 1983 Act relating to the construction of works shall, with the necessary modifications, apply additionally to the authorised works (including the demolition of the train ferry pier) as they apply to the works authorised by that Act as if the authorised works had been the quay and connected works authorised by those enactments —
Section 9 – (underpinning of buildings near works);
Section 10 - (use of sewers, etc. , for removing water);
Section 11 - (tidal works not to be executed without approval of Secretary of State);
Section 12 - (survey of tidal works);
Section 13 - (lights on tidal works during construction, etc.);
Section 14 - (permanent lights on tidal works);
Section 15 - (abatement of works abandoned or decayed);
Section 16 - (provision against danger to navigation);
Section 17 - (defence of due diligence).
2
The necessary modifications referred to in paragraph (1) are —
a
In section 10, leave out subsection (3) and insert —
3
This section does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991 .
b
In sections 11 to 16 the words “tidal work” have the meaning given by article 2.
c
In subsection (1) of section 13, after “near” insert “(a)” and after “work” insert —
, including any temporary work; or
any plant, equipment or other obstruction placed, in connection with any work authorised by article 3 (power to make works) or article 5 (subsidiary works) of the Harwich Parkeston Quay Harbour Revision Order 2010, within the area of seaward construction activity;
.
Extent of Parkeston Quay and limits of jurisdiction
9
1
The authorised works shall form part of Parkeston Quay and the provisions of the Great Eastern Railway Act 1874 and all other provisions of the Harwich Parkeston Quay enactments shall (so far as the same are applicable and are not inconsistent with the provisions of this Order) apply to the authorised works as if the authorised works had been the quay and connected works authorised by those enactments.
2
The limits of jurisdiction for Parkeston Quay shall be the area described in Schedule 2 and, for the purpose of identification only, shown edged red on sheet 4 of the deposited plans and deposited sections.
3
In its application to the harbour undertaking the expression “the prescribed limits” in the 1847 Act shall be the area referred to in paragraph (2).
Planning, etc. jurisdiction
10
1
During the period beginning with the date when this Order comes into force and ending on the accretion date, the area within the limits of deviation shall, for the purposes of the Control of Pollution Act 1974 and the Town and Country Planning Act 1990 , be annexed to and incorporated with the district of Tendring.
2
On the accretion date, the area of the whole or of so much of the works authorised by paragraphs (1) and (2) of article 3 as shall have been completed or substantially commenced shall be annexed to and incorporated with the parishes of Harwich and Ramsey and Parkeston (in proportion to the extent of the common boundary of those parishes), the district of Tendring and the county of Essex.
3
In this article “accretion date” means the date when the works so authorised have been completed or, if sooner, the date when the powers granted by this Order shall cease to have effect pursuant to article 4.
PART 3 BOAT HARBOUR
Restriction of boat harbour to pleasure craft and certain other vessels
11
1
Notwithstanding section 33 of the 1847 Act (harbour, dock and pier to be free to the public on payment of rates), as incorporated by any provision of the Harwich Parkeston Quay enactments, but subject to article 13, the waters of the boat harbour shall be for the exclusive use of vessels falling within paragraph (2) and accordingly the Company shall not permit any other vessel to use those waters.
2
Each of the following vessels fall within this paragraph —
a
a recreational craft including a craft used for recreational fishing;
b
a vessel which is, for the time being, used for or in connection with sea fishing for profit;
c
the vessel used at the date when the works have been substantially completed by the Harwich and Dovercourt Sailing Club as its clubhouse and any replacement vessel which is so used and which, in either case, shall have a length not exceeding 26 metres and a beam not exceeding 7 metres; and which shall be permanently moored alongside Work No. 5;
d
a vessel for the time being employed for the purposes of any of the functions of the Company;
e
a vessel for the time being employed in connection with the provision of services at the boat harbour or on lands adjacent to the boat harbour;
f
a lifeboat or a vessel used by the coastguard service, the Essex Sea Fisheries Committee, the Environment Agency, the Harwich Haven Authority, Trinity House or the Ministry of Defence; or
g
any vessel operated pursuant to an agreement in writing with the Harwich Haven Authority.
3
In paragraph (2), “recreational craft” means any vessel of not more than 30 tons gross used wholly or mainly for recreation and not for the carriage of passengers or goods for reward.
4
For the purposes of this article, the tonnage of a vessel shall —
a
in the case of a vessel having a tonnage figure recorded in its certificate of registry, be taken to be that figure; and
b
in the case of any other vessel, be calculated in accordance with the provisions of Part 3 of the Merchant Shipping (Tonnage) Regulations 1997 .
Powers as to moorings, etc.
12
1
The Company may within the boat harbour provide, place, lay down, maintain, use and have moorings for vessels —
a
on land owned or leased by the Company or in which they hold an appropriate interest; or
b
with the consent in writing of the owner and lessee of land, on any other land in the boat harbour.
2
The Company may demand, receive and recover in respect of any vessel using any of the moorings provided under this article or moored to land owned or leased by the Company such charges as the Company may from time to time prescribe.
3
The Company may compound with any person with respect to the payment of the charges prescribed under paragraph (2).
4
The Company may give notice in writing to the person having the control of any vessel using any mooring in the boat harbour at the date this Order comes into force requiring that person within 28 days to remove the mooring so as to enable the Company to provide, place or lay down moorings in accordance with paragraph (1).
5
If any person fails to comply with a notice given by the Company under this paragraph, the Company may at any time after the expiration of 28 days from the date of the giving of the notice remove the mooring referred to in that notice.
6
The Company may from time to time grant to a person a licence to place, lay down, maintain, use and have existing and future moorings, for vessels in the boat harbour.
7
Nothing in any such licence shall entitle a person to place, lay down, maintain, use and have any mooring on land not owned or leased by that person or by the Company or in which that person has no appropriate interest.
8
Any such licence shall, unless otherwise stated in the licence in question, be valid for a period of one year commencing with its date.
9
The Company may charge for such a licence such fee as the Company may from time to time prescribe.
10
Sections 43 to 48 of the 1847 Act shall apply in relation to fees charged under this article.
11
Any person who —
a
intentionally obstructs any person acting under the authority of the Company in setting out moorings; or
b
intentionally and without lawful authority pulls up or removes any mooring in the boat harbour or any part of the boat harbour; or
c
without reasonable excuse causes or permits a vessel to be moored in the boat harbour except at a mooring provided or licensed by the Company under this article or at a quay, jetty, slipway or other work or to land owned or leased by the Company; or
d
places, lays down or maintains in the boat harbour any mooring not provided or licensed by the Company under this article,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
12
If any person places, lays down or maintains in the boat harbour any mooring not provided or licensed by the Company under this article, the Company may remove the mooring in question and recover from that person the expenses incurred in doing so.
13
Before exercising the powers of paragraph (1) the Company shall notify the Harwich Haven Authority and shall provide details of the proposed exercise including plans showing the proposed position and nature of the mooring.
14
In this article “vessel” does not include a houseboat.
Preferred vessels
13
1
During the period of one year commencing with the date when Works Nos. 3, 4 and 5 have been substantially completed the Company shall provide moorings within the boat harbour for preferred vessels.
2
Subject to paragraph (3), in this article “preferred vessels” means the vessels designated as such during the period mentioned in paragraph (1) by the bodies specified in the first column of the following table, being vessels which shall not exceed the number specified in the second column of that table and which shall not exceed the length specified in the third column of that table —
Designating body Maximum number of vessels which may be designated Maximum length of designated vessels
Harwich and Dovercourt
Sailing Club
36 vessels
20 vessels
4 vessels
8 metres
10 metres
12 metres
Harwich Fishermen’s
Association
10 vessels
8 vessels
10 metres
12 metres
Harwich Small Boat Owners
Association
18 vessels 12 metres
3
The vessel referred to in paragraph (2)(c) of article 11 shall, for the purposes of this article be a preferred vessel and shall continue to be such after the expiry of the period mentioned in paragraph (1) so long as it is —
a
used as the clubhouse of the Harwich and Dovercourt Sailing Club; and
b
permanently moored in the manner specified in paragraph (2)(c) of article 11.
4
The Company may levy on a preferred vessel any of the charges leviable by or under any of the provisions of the Act.
Power to appropriate part of boat harbour
14
1
Subject to articles 11 and article 13, the Company may from time to time set apart and appropriate any part of the boat harbour for the exclusive or preferential use and accommodation of any trade, person, vessel or goods or any class of trader, vessel or goods, subject to the payment of such charges and to such terms, conditions and regulations as the Company may think fit.
2
No person or vessel shall make use of any part of the boat harbour so set apart or appropriated without the consent of the Company’s officer or other duly authorised officer of the Company, and —
a
the Company’s officer or, as the case may be, such duly authorised officer, may order any person or vessel making use of the boat harbour without such consent to leave or be removed; and
b
the provisions of section 58 of the 1847 Act (powers of harbour master as to mooring of vessels in harbour), as incorporated by any provisions of the Harwich Parkeston Quay enactments, shall extend and apply with the necessary modifications to any such vessel.
3
In this article, “Company’s officer” means any person exercising the functions of a harbour master on behalf of the Company.
PART 4 MISCELLANEOUS AND GENERAL
Power to lease etc.
15
1
The Company may at any time lease or grant for the purposes of the harbour undertaking the use or occupation of, or any right or interest in, over or relating to, any lands, works, buildings, equipment or other property forming part of the harbour undertaking for such period or periods and on such terms and conditions as may be agreed between the Company and the persons taking the same.
2
A lease or grant made or given under paragraph (1) may include provisions delegating to the lessee or grantee any of the functions of the Company other than those specified in sub-paragraphs (a) to (f) of paragraph 9B of Schedule 2 to the Act.
3
Section 23 of the 1847 Act (power to lease wharfs, warehouses, etc.), as incorporated by any provisions of the Harwich Parkeston Quay enactments, shall cease to have effect so far as that section would otherwise apply to the harbour undertaking.
Defence to proceedings in respect of statutory nuisance
16
1
Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by persons aggrieved by statutory nuisance) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (statutory nuisances and inspections) no order shall be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that the nuisance relates to premises used by the Company for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to the construction or maintenance of the work; and —
a
that the nuisance is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60, or a consent given under section 61 or 65, of the Control of Pollution Act 1974 ; or
b
that the nuisance is a consequence of the construction, maintenance or use of the work and that it cannot reasonably be avoided.
2
The following provisions of the Control of Pollution Act 1974, namely —
a
section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990); and
b
section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded),
shall not apply where the consent relates to the use of premises by the Company for the purposes of, or in connection with, the exercise of the powers conferred by this Order with respect to the construction or maintenance of the work.
Protection of interests
17
Schedule 3 has effect.
Arbitration
18
Where under any provision of this Order, including any provision applied by this Order, any difference is to be referred to or settled by arbitration, then such difference shall be referred to and settled by a single arbitrator to be agreed between the parties, or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
Disapplication of regulation 60 of the Conservation (Natural Habitats, &c.) Regulations 1994
19
1
Regulation 60 of the Conservation (Natural Habitats, &c.) Regulations 1994 (“the Habitats Regulations ”) shall not apply to any planning permission which relates to the authorised works and which is granted by article 3(1) of the Town and Country Planning (General Permitted Development) Order 1995 for the class of development described as permitted development in Part 11 of Schedule 2 to that Order.
2
Paragraph (1) does not apply if and to the extent that the authorised works —
a
do not form part of the plan and project which was subject to an appropriate assessment in accordance with regulation 48 of the Habitats Regulations in connection with the making of this Order; and
b
are not subject to a further consent, permission or authorisation by a competent authority as defined in the Habitats Regulations.
Crown rights
20
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of this nothing in this Order authorises the Company to take, use, enter on or in any manner interfere with any land or hereditaments (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) or any rights of whatsoever description —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a Government Department or held in trust for Her Majesty for the purposes of a Government Department, without the consent in writing of that Government Department.
2
A consent under paragraph (1) may be given unconditionally or subject to such conditions and on such terms as may be considered necessary or appropriate.
Signed by authority of the Secretary of State for Transport
Richard Bennett
Head of Ports Division
Department for Transport
3rd March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Notification of Conventional Tower Cranes Regulations 2010 and come into force on 6 th April 2010.
Interpretation
2
In these Regulations —
“the 1974 Act ” means the Health and Safety at Work etc. Act 1974;
“ 1998 Regulations ” means the Lifting Operations and Lifting Equipment Regulations 1998 ;
“construction site” has the same meaning as in regulation 2(1) of the Construction (Design and Management) Regulations 2007 ;
“conventional tower crane” means a slewing jib type crane with jib located at the top of a vertical tower and which is assembled on a construction site from components;
“ the Executive ” means the Health and Safety Executive; and
“thorough examination” has the same meaning as in regulation 2(1) of the 1998 Regulations.
Application
3
1
The requirements imposed by these Regulations on an employer in respect of a conventional tower crane apply in relation to a conventional tower crane provided for use or used by their employee at work.
2
The requirements imposed by these Regulations on an employer also apply —
a
to a self-employed person, in respect of a conventional tower crane that person uses at work;
b
subject to paragraph (4), to a person who has control to any extent of —
i
a conventional tower crane;
ii
a person at work who uses or supervises or manages the use of a conventional tower crane; or
iii
the way in which a conventional tower crane is used,
and to the extent of their control.
3
Any reference in paragraph (2)(b) to a person having control is a reference to a person having control in connection with the carrying on of a trade, business or other undertaking (whether for profit or not).
4
The requirements imposed by these Regulations on an employer do not apply to a person in respect of a conventional tower crane supplied by way of sale, agreement for sale or hire-purchase agreement.
5
These Regulations do not impose any obligation in relation to a ship’s work equipment (whether that equipment is used on or off the ship) and in this regulation “ship” has the meaning given to it by section 313(1) of the Merchant Shipping Act 1995 .
Notification of conventional tower cranes on construction sites
4
1
Subject to regulation 5, an employer must ensure that, for any conventional tower crane installed by the employer on a construction site, the Executive is notified in writing of —
a
the information mentioned in the Schedule within 14 days from and including the date of any thorough examination of that conventional tower crane as required by regulation 9(2) (examination before being put into service) of the 1998 Regulations; or
b
if no such thorough examination has been carried out within 14 days of its installation —
i
the information mentioned in paragraphs 1 to 3 of the Schedule as soon as reasonably practicable; and
ii
the information mentioned in paragraphs 4 to 6 of the Schedule within 14 days from and including the date of the thorough examination.
2
Subject to regulation 5, an employer must ensure that for any conventional tower crane installed by the employer on a construction site, the Executive is notified in writing of the information mentioned in the Schedule within 14 days from and including the date of any thorough examination as required by regulation 9(3) (periodic examinations) of the 1998 Regulations.
Exemptions
5
1
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt any of the home forces, any visiting force or any headquarters from any of the requirements of these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by the said Secretary of State by a certificate in writing at any time.
2
In this regulation —
“headquarters” means a headquarters for the time being specified in Schedule 2 to the Visiting Forces and International Headquarters (Application of Law) Order 1999 ;
“the home forces” has the same meaning as in section 12(1) of the Visiting Forces Act 1952 ; and
“visiting force” has the same meaning as it does for the purposes of any provision of Part I of the Visiting Forces Act 1952.
Conventional tower cranes installed prior to the commencement of these Regulations
6
If before the commencement of these Regulations an employer has installed a conventional tower crane on a construction site for which a thorough examination has been completed and the conventional tower crane continues to be installed on the commencement date, the employer must ensure that within 28 days from and including the commencement date the Executive is notified in writing of the information mentioned in the Schedule.
Signed by authority of the Secretary of State for Work and Pensions.
William D. McKenzie
Parliamentary Under Secretary of State,
Department for Work and Pensions
15th February 2010


text:
Citation and commencement
1
This Order may be cited as the Pharmacy Order 2010 (Commencement No.1) Order of Council 2010 and comes into force on 12th March 2010.
Appointed day
2
The day appointed for the coming into force of paragraph 12(b) of Schedule 4 to the Pharmacy Order 2010 is 12th March 2010.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010 and comes into force on the thirty-fifth day after the day on which it is made.
2
In this Order “education subordinate legislation” means subordinate legislation made wholly under powers in any of the Education Acts (within the meaning of the Education Act 1996 and “non-education subordinate legislation” is to be construed accordingly.
Local Acts
2
1
In section 16(d) of the Greater London Council (General Powers) Act 1981 for “local education authority” substitute “local authority”.
2
The local Acts specified in the first column of Schedule 1 are repealed to the extent specified in the second column.
Amendment of education subordinate legislation
3
1
This article applies in relation to England.
2
The education subordinate legislation specified in Schedule 2 is amended in accordance with that Schedule.
3
In any provision of education subordinate legislation not specified in Schedule 2 (and in the titles of such subordinate legislation) —
a
for “local education authority” and “ LEA ” in each place where those words occur substitute “local authority”, and
b
for “local education authorities” and “LEAs” in each place where those words occur substitute “local authorities”.
Amendment of non-education subordinate legislation
4
The non-education subordinate legislation specified in Schedule 3 is amended in accordance with that Schedule.
Iain Wright
Parliamentary Under Secretary of State
Department for Children, Schools and Families
31st March 2010


text:
Citation, commencement and effect
1
1
This Order may be cited as the Value Added Tax (Imported Gas, Electricity, Heat and Cooling) Relief Order 2010.
2
This Order comes into force on 1st January 2011 and has effect in relation to goods imported on or after that date.
Revocation of the Value Added Tax (Imported Gas and Electricity) Relief Order 2004
2
The Value Added Tax (Imported Gas and Electricity) Relief Order 2004 is revoked.
Relief from value added tax
3
The VAT chargeable on the importation from a place outside the member States of —
a
gas —
i
through a natural gas system or any network connected to such a system, or
ii
fed in from a vessel transporting gas into a natural gas system or any upstream pipeline network,
b
electricity, or
c
heat or cooling supplied through a network,
shall not be payable.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
8th December 2010


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 2010.
2
The Order comes into force on 1st May 2010 and has effect from the beginning of prescribed accounting periods beginning on or after that date.
Substitution of Table A in section 57(3) of the Value Added Tax Act 1994
2
In section 57(3) of the Value Added Tax Act 1994 (determination of consideration for fuel supplied for private use) for Table A substitute —
Table A
Description of vehicle:
vehicle’s CO2 emissions figure
12 month period
£
3 month period
£
1 month period
£
120 or less 570.00 141.00 47.00 125 850.00 212.00 70.00 130 850.00 212.00 70.00 135 910.00 227.00 75.00 140 965.00 241.00 80.00 145 1,020.00 255.00 85.00 150 1,080.00 269.00 89.00 155 1,135.00 283.00 94.00 160 1,190.00 297.00 99.00 165 1,250.00 312.00 104.00 170 1,305.00 326.00 108.00 175 1,360.00 340.00 113.00 180 1,420.00 354.00 118.00 185 1,475.00 368.00 122.00 190 1,530.00 383.00 127.00 195 1,590.00 397.00 132.00 200 1,645.00 411.00 137.00 205 1,705.00 425.00 141.00 210 1,760.00 439.00 146.00 215 1,815.00 454.00 151.00 220 1,875.00 468.00 156.00 225 1,930.00 482.00 160.00 230 or more 1,985.00 496.00 165.00
Notes
3
In Note (6)(c) to section 57(3) of the Value Added Tax Act 1994 for “235” substitute “230”.
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 2010


text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pensions (Revaluation) Order 2010.
2
This Order shall come into force on 1st January 2011.
The higher and lower revaluation percentages for each revaluation period
2
For the purposes of paragraph 2(1) of Schedule 3 (methods of revaluing accrued pension benefits) to the Pension Schemes Act 1993, for each revaluation period specified in column 1 below, the higher revaluation percentage is the percentage specified in column 2, and the lower revaluation percentage, if any, is the percentage specified in column 3, in relation to that period.
Column 1 Column 2 Column 3 Revaluation period Higher revaluation
percentage
Lower revaluation
percentage
1st January 1986 - 31st December 2010 132.9% - 1st January 1987 - 31st December 2010 125.9% - 1st January 1988 - 31st December 2010 116.8% - 1st January 1989 - 31st December 2010 105.1% - 1st January 1990 - 31st December 2010 90.7% - 1st January 1991 - 31st December 2010 71.9% - 1st January 1992 - 31st December 2010 65.1% - 1st January 1993 - 31st December 2010 59.4% - 1st January 1994 - 31st December 2010 56.6% - 1st January 1995 - 31st December 2010 53.2% - 1st January 1996 - 31st December 2010 47.5% - 1st January 1997 - 31st December 2010 44.4% - 1st January 1998 - 31st December 2010 39.4% - 1st January 1999 - 31st December 2010 35.1% - 1st January 2000 - 31st December 2010 33.6% - 1st January 2001 - 31st December 2010 29.3% - 1st January 2002 - 31st December 2010 27.2% - 1st January 2003 - 31st December 2010 25.1% - 1st January 2004 - 31st December 2010 21.7% - 1st January 2005 - 31st December 2010 18.0% - 1st January 2006 - 31st December 2010 14.9% - 1st January 2007 - 31st December 2010 10.9% - 1st January 2008 - 31st December 2010 6.7% - 1st January 2009 - 31st December 2010 1.7% 1.7% 1st January 2010 - 31st December 2010 3.1% 2.5%
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
30th November 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Work and Families Act 2006 (Commencement No. 3) Order 2010.
2
In this Order “the 2006 Act ” means the Work and Families Act 2006.
Provisions coming into force on 6th April 2010
2
The following provisions of the 2006 Act shall come into force on 6th April 2010 —
a
sections 3 to 10;
b
section 11(1), in so far as it relates to the provisions in Schedule 1 to the 2006 Act which are brought into force by this Order;
c
section 11(2) and (3);
d
section 15, in so far as it relates to the provisions in Schedule 2 to the 2006 Act which are brought into force by this Order;
e
Schedule 1, paragraphs 1 to 5, 10 to 15, 16(1) (in so far as it relates to paragraph 16(2)), 16(2), 17 to 20, 22, 24 to 30 and 35 to 61; and
f
Schedule 2, in so far as it gives effect to the following repeals —
i
section 6(2)(a) of the Employment Act 2002 ;
ii
paragraphs 3, 26(3), 33(3), 48(2) and 49(3) of Schedule 7 to that Act; and
iii
the entry relating to statutory paternity pay in Table A in section 660(1) of the Income Tax (Earnings and Pensions) Act 2003 .
Lord Young of Norwood Green
Minister of State for Postal Affairs and Employment Relations
Department for Business, Innovation and Skills
25th January 2010