text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Health Research Authority (Establishment and Constitution) Order 2011 and comes into force on 1st December 2011.
2
This Order applies in relation to England only.
3
In this Order —
“the Agency” means the National Patient Safety Agency ;
“the Authority” means the Health Research Authority established by article 2 of this Order;
“Research Ethics Committee” means a group of people appointed to assess whether research proposals relating to the health service conform to recognised ethical standards;
“transfer date” means 1st December 2011.
Establishment of the Authority
2
There is established a Special Health Authority which is to be known as the Health Research Authority.
Functions of the Authority
3
1
The Authority is to exercise —
a
such functions in connection with —
i
the facilitation and promotion of research;
ii
the establishment of Research Ethics Committees, and the appointment and indemnification of members of Research Ethics Committees; 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
The membership of the Authority is to consist of two officers of the Authority, one of whom is to be the chief officer.
Transfer of officers from the Agency to the Authority
5
1
This paragraph applies in relation to any person who —
a
immediately before the transfer date is employed by the Agency; and
b
has been notified in writing by the Agency by 30th November 2011 that they are to be transferred to the Authority.
2
Any person to whom paragraph (1) applies is, on 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has effect from the transfer date as if originally made between that person and the Authority.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 Agency, under or in connection with its contract of employment with a person transferred under paragraph (2), are to transfer to the Authority on the transfer date; and
b
anything done before the transfer date by or in relation to the Agency, 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 Agency of that objection.
6
Where a person to whom this article applies has objected to the transfer of that person’s contract of employment 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 Agency.
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) is to 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.
Transfer of property
6
The property of the Agency listed in the Schedule to this Order is to be transferred to the Authority on the transfer date.
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
22nd September 2011


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police (Performance and Conduct) (Amendment: Metropolitan Police) Regulations 2011 and shall come into force on 16th January 2012.
2
These Regulations extend to England and Wales.
Interpretation
2
In these Regulations —
“the 2004 Conduct Regulations ” means the Police (Conduct) Regulations 2004 ;
“the 2008 Conduct Regulations ” means the Police (Conduct) Regulations 2008 ;
“the Efficiency Regulations ” means the Police (Efficiency) Regulations 1999 ;
“the Performance Regulations ” means the Police (Performance) Regulations 2008 .
Amendments to the Efficiency Regulations
3
1
The Efficiency Regulations are amended as follows.
2
In regulation 3(1) (interpretation) —
a
in the definition of “countersigning officer”, after “the 1997 Act” insert “or a member of the metropolitan police force’s civilian staff”;
b
after the definition of “member concerned” insert —
“the metropolitan police force’s civilian staff” has the same meaning as in section 102(6) of the Police Reform and Social Responsibility Act 2011;
;
c
for the definition of “reporting officer” substitute —
“reporting officer” means —
the member of the police force,
the person employed under section 15 of the 1996 Act or section 55(1)(c) of the 1997 Act, or
the member of the metropolitan police force’s civilian staff
who has the immediate supervisory responsibility for the member concerned;.
.
3
In regulation 4(2) and (3) (circumstances in which a first interview is required) after “the 1997 Act” in each place insert “or a member of the metropolitan police force’s civilian staff”.
4
In regulation 8(3) (circumstances in which a second interview may be required) after “the 1996 Act” insert “or a member of the metropolitan police force’s civilian staff”.
Amendments to the Performance Regulations
4
1
The Performance Regulations are amended as follows.
2
In regulation 4(1) (interpretation), for the definition of “police staff member” substitute —
“police staff member” means —
an employee of a police authority who is under the direction and control of a chief officer of police; or
a member of the metropolitan police force’s civilian staff (within the meaning of section 102(6) of the Police Reform and Social Responsibility Act 2011);
.
Amendments to the 2004 Conduct Regulations
5
1
The 2004 Conduct Regulations are amended as follows.
2
In regulation 3(1) (interpretation) for the definition of “appropriate authority” substitute —
“appropriate authority” means —
where the officer concerned is a senior officer of a police force maintained under section 2 of the 1996 Act or the City of London police force, the police authority for the force’s area;
where the officer concerned is the Commissioner of Police of the Metropolis or a person exercising powers or duties of the Commissioner in accordance with section 44 or 45(4) of the Police Reform and Social Responsibility Act 2011 , the Mayor’s Office for Policing and Crime;
where the officer concerned is a senior officer of the National Crime Squad, the Service Authority for that Squad; and
in any other case, the chief officer of the police officer’s force;
.
3
In regulation 5 (suspension: urgent cases) —
a
in paragraph (1)(a) after “police authority” insert “or, in the case of the Commissioner of Police of the Metropolis, the Mayor’s Office for Policing and Crime”;
b
in paragraph (2) after “police authority” insert “, Mayor’s Office for Policing and Crime”.
4
In regulation 19(5) (persons conducting the hearing: officers other than senior officers) for “from a list of candidates maintained by that authority” substitute “or by the Mayor’s Office for Policing and Crime from a list of candidates maintained by that authority or Office”.
Amendments to the 2008 Conduct Regulations
6
1
The 2008 Conduct Regulations are amended as follows.
2
In regulation 3(1) (interpretation) —
a
for the definition of “appropriate authority” substitute —
“appropriate authority” means —
a
where the officer concerned is a senior officer of a police force maintained under section 2 of the 1996 Act or the City of London police force, the police authority for the force’s area;
b
where the officer concerned is the Commissioner of Police of the Metropolis or a person exercising powers or duties of the Commissioner in accordance with section 44 or 45(4) of the Police Reform and Social Responsibility Act 2011, the Mayor’s Office for Policing and Crime; and
c
in any other case, the chief officer of police of the police force concerned
;
b
for the definition of “police staff member” substitute —
“police staff member” means —
an employee of a police authority who is under the direction and control of a chief officer of police; or
a member of the civilian staff of the Metropolitan Police Force (within the meaning of section 102(6) of the Police Reform and Social Responsibility Act 2011);
.
3
In regulation 25(4)(c) (persons conducting misconduct proceedings: officers other than senior officers) after “police authority” insert “or the Mayor’s Office for Policing and Crime”.
4
In regulation 26(1) (persons conducting misconduct proceedings: chief constables etc ), omit sub-paragraph (b) with the exception of the word “or” at the end.
5
After regulation 26 insert —
Persons conducting misconduct proceedings: senior officers of the Metropolitan Police Force
26A
1
Where the officer concerned is a senior officer of the Metropolitan Police Force, the misconduct proceedings shall be conducted by a panel of persons specified in paragraph (2), appointed by the appropriate authority.
2
Those persons are —
a
a chair selected by the appropriate authority from a list of persons who satisfy the judicial-appointment eligibility criterion on a 7-year basis and have been nominated by the Secretary of State for the purposes of these Regulations;
b
HMCIC or an inspector of constabulary nominated by him; and
c
a person selected by the appropriate authority from a list of candidates maintained by a police authority or the Mayor’s Office for Policing and Crime for the purposes of these Regulations.
.
6
In regulation 27 (persons conducting misconduct proceedings: other senior officers) —
a
in paragraph (1), after “26(1)” insert “or 26A(1)”;
b
omit paragraph (2)(a)(i).
7
In regulation 34 (procedure at misconduct proceedings), after paragraph (15) insert —
16
Where the officer concerned is a senior officer of the Metropolitan Police Force, the persons conducting the misconduct proceedings shall, before the end of 5 working days beginning with the first working day after the conclusion of the proceedings, submit a report to the appropriate authority, together with a copy to the senior officer concerned, setting out —
a
the finding of the persons conducting the proceedings under paragraph (13);
b
the reasons for that finding;
c
if the finding was that the conduct of the officer concerned amounted to misconduct or gross misconduct, a recommendation as to any disciplinary action which in their opinion should be imposed; and
d
any other matter arising out of the proceedings which they desire to bring to the notice of the appropriate authority.
.
8
After regulation 34 insert —
Further meeting or hearing: senior officers of the Metropolitan Police Force
34A
1
On receiving a report under regulation 34(16) the appropriate authority shall —
a
in a case where the report was submitted following a misconduct meeting, hold a further meeting; and
b
in a case where the report was submitted following a misconduct hearing, hold a further hearing,
for the purpose of considering what disciplinary action (if any) should be imposed.
2
The provisions of these Regulations specified in paragraph (3) shall apply, with the modifications specified in paragraph (4), to a meeting held under paragraph (1)(a) as if it was a misconduct meeting, and to a hearing under paragraph (1)(b) as if it was a misconduct hearing.
3
The provisions are —
a
regulation 6 (police friend);
b
regulation 7 (legal and other representation);
c
regulation 8 (provision of notices or documents);
d
regulation 9 (outstanding or possible criminal proceedings);
e
regulation 22(4) and (5) (procedure on receipt of notice);
f
regulation 23 (witnesses);
g
regulation 24 (timing and notice of misconduct proceedings);
h
regulation 29 (attendance of officer concerned at misconduct proceedings);
i
regulation 30 (participation of Commission and investigator at misconduct proceedings);
j
regulation 31 (attendance of complainant or interested person at misconduct proceedings), with the exception of paragraph (3);
k
regulation 32 (attendance of others at misconduct proceedings);
l
regulation 33 (exclusion from misconduct proceedings);
m
regulation 34 (procedure at misconduct proceedings); and
n
regulation 37 (record of misconduct proceedings).
4
The modifications are that —
a
each reference to the person conducting or chairing the misconduct proceedings has effect as a reference to the appropriate authority;
b
in regulation 22(4), the reference to the date on which the officer concerned has complied with paragraph (2) has effect as a reference to the date on which the report is submitted under regulation 34(16);
c
in regulation 24 —
i
the reference in paragraph (1) to the first working day after the documents have been supplied to the officer concerned has effect as a reference to the first working day after the report is submitted under regulation 34(16);
ii
the references in paragraph (3) to the appropriate authority are omitted; and
d
in regulation 34(4) the references to the complainant and any interested person are omitted.
.
9
In regulation 35 (outcome of misconduct proceedings) —
a
in paragraph (1) after “proceedings” insert “in the case of an officer other than a senior officer of the Metropolitan Police Force”;
b
after paragraph (1) insert —
1A
Subject to the provisions of this regulation, at a meeting or hearing held under regulation 34A the appropriate authority may —
a
impose any of the disciplinary action in paragraph (2)(a) or (b) or (6)(b) as appropriate; or
b
where the finding set out in the report is that the conduct amounted to misconduct but not gross misconduct, record a finding of misconduct but take no further action.
;
c
in paragraph (2), after “at” (in each place) insert “or after”;
d
in paragraph (3) for “conducting the misconduct hearing” substitute “imposing the disciplinary action”;
e
in paragraph (9) for “conducting the misconduct hearing” substitute “considering the question of disciplinary action”;
f
in paragraph (10) —
i
for “conducting the misconduct proceedings” substitute “considering it”;
ii
at the beginning of sub-paragraph (c)(ii) insert “in the case of an officer other than a senior officer of the Metropolitan Police Force,”.
10
In regulation 36 (notification of outcome) —
a
in paragraph (1) —
i
in sub-paragraph (b), at the beginning, insert “in a case other than one to which regulation 34A (further meeting or hearing: senior officers of the Metropolitan Police Force) applies,”;
ii
in the words at the end, for “these matters and a summary of” substitute “the relevant matter or matters and”;
b
after paragraph (1) insert —
1A
In a case to which regulation 34A applies, the officer concerned shall be informed of any disciplinary action imposed as soon as practicable, and in any event shall be provided with written notice of the action (if any) and the appropriate authority’s reasons before the end of 5 working days beginning with the first working day after the conclusion of the meeting or hearing held under regulation 34A.
.
11
In regulation 47(1) (persons conducting special case hearing: chief constables etc), omit sub-paragraph (b) with the exception of the word “or” at the end.
12
After regulation 47 insert —
Persons conducting special case hearing: senior officers of the Metropolitan Police Force
47A
1
Where the officer concerned is a senior officer of the Metropolitan Police Force, the special case hearing shall be conducted by a panel of persons specified in paragraph (2), appointed by the appropriate authority.
2
Those persons are —
a
a chair selected by the appropriate authority from a list of persons who satisfy the judicial-appointment eligibility criterion on a 7-year basis and have been nominated by the Secretary of State for the purposes of these Regulations;
b
HMCIC or an inspector of constabulary nominated by him; and
c
a person selected by the appropriate authority from a list of candidates maintained by a police authority or the Mayor’s Office for Policing and Crime for the purposes of these Regulations.
.
13
In regulation 48 (persons conducting special case hearing: other senior officers), after “47(1)” insert “or 47A(1)”.
14
In regulation 54 (procedure at special case hearing) after paragraph (15) insert —
16
Where the officer concerned is a senior officer of the Metropolitan Police Force, the persons conducting the special case hearing shall, as soon as possible after the hearing, submit a report to the appropriate authority, together with a copy to the senior officer concerned, setting out —
a
the finding of the persons conducting the hearing under paragraph (13);
b
the reasons for that finding;
c
if the finding was that the conduct of the officer concerned amounted to gross misconduct, a recommendation as to any disciplinary action which in their opinion should be imposed; and
d
any other matter arising out of the hearing which they desire to bring to the notice of the appropriate authority.
.
15
After regulation 54 insert —
Further hearing: senior officers of the Metropolitan Police Force
54A
1
On receiving a report under regulation 54(16) the appropriate authority shall hold a further hearing for the purpose of considering what disciplinary action (if any) should be imposed.
2
The provisions of these regulations specified in paragraph (3) shall apply, with the modifications specified in paragraph (4), to a hearing held under paragraph (1) as if it was a special case hearing.
3
The provisions are —
a
regulation 6 (police friend);
b
regulation 7 (legal and other representation);
c
regulation 8 (provision of notices or documents);
d
regulation 9 (outstanding or possible criminal proceedings);
e
regulation 44 (notice of special case hearing);
f
regulation 50 (attendance of officer concerned at special case hearing);
g
regulation 51 (participation of Commission and investigator at special case hearing);
h
Regulation 52(1) and (2) (attendance of complainant and interested persons at special case hearing);
i
regulation 53 (attendance of others at special case hearing);
j
regulation 54 (procedure at special case hearing), with the exception of paragraphs (4) and (12) to (15); and
k
regulation 57 (record of special case hearing).
4
The modifications are that —
a
each reference to the person conducting or chairing the special case hearing has effect as a reference to the appropriate authority;
b
in regulation 44 the reference to the date on which notice is given under regulation 43(1) has effect as a reference to the date on which the report is submitted under regulation 54(16); and
c
in regulation 53(1) and (3) the references to regulation 52 are omitted.
.
16
In regulation 55 (outcome of special case hearing) —
a
in paragraph (1) after “hearing” insert “in the case of an officer other than a senior officer of the Metropolitan Police Force”;
b
after paragraph (1) insert —
1A
On receiving a report under regulation 54(16) containing a finding that the conduct of the officer concerned amounts to gross misconduct, the appropriate authority shall impose disciplinary action, which may be —
a
subject to paragraphs (2) and (3), a final written warning;
b
extension of a final written warning in accordance with paragraph (2); or
c
dismissal without notice.
;
c
in paragraph (5) after “hearing” insert “in the case of an officer other than a senior officer of the Metropolitan Police Force”;
d
after paragraph (5) insert —
5A
On receiving a report under regulation 54(16) containing a finding that the conduct of the officer concerned does not amount to gross misconduct, the appropriate authority may —
a
dismiss the case; or
b
deal with the case in accordance with Part 4 at a misconduct meeting or, if the officer concerned had a final written warning in force at the date of the assessment of conduct under regulation 12(1) of these Regulations or regulation 14A of the Complaints Regulations (as the case may be) at a misconduct hearing.
;
e
in paragraph (6), after “paragraph (5)(b)” insert “or dealt with by the appropriate authority under paragraph (5A)(b)”;
f
in paragraph (8), for “conducting the special case hearing” substitute “considering it”.
17
In regulation 56 (notification of outcome) —
a
in paragraph (1) —
i
in sub-paragraph (b), at the beginning, insert “in a case other than one to which regulation 54A (further hearing: senior officers of the Metropolitan Police Force) applies,”;
ii
in the words at the end, for “these matters and a summary of” substitute “the relevant matter or matters and”;
b
after paragraph (1) insert —
1A
In a case to which regulation 54A applies, the officer concerned shall be informed of any disciplinary action imposed under regulation 55(1A) or any action taken under regulation 55(5A), as the case may be, as soon as practicable, and in any event shall be provided with written notice of the action (if any) and the appropriate authority’s reasons before the end of 5 working days beginning with the first working day after the conclusion of the hearing held under regulation 54A.
.
18
In regulation 58(2) (record of disciplinary proceedings), after “concerned” insert “or, in the case of the Commissioner of Police of the Metropolis, the Mayor’s Office for Policing and Crime”.
Cases already being dealt with under the 2004 Conduct Regulations
7
Where, as a result of the coming into force of regulation 5(2) of these Regulations, the Commissioner of Police of the Metropolis replaces the Metropolitan Police Authority as the appropriate authority in relation to any allegation, the 2004 Conduct Regulations (as amended by these Regulations) shall have effect as if anything done or treated as done by or in relation to the Metropolitan Police Authority in its capacity as appropriate authority had been done by or in relation to the Commissioner of Police of the Metropolis.
Cases already being dealt with under the 2008 Conduct Regulations
8
Where, as a result of the coming into force of regulation 6(2)(a) of these Regulations, the Commissioner of Police of the Metropolis replaces the Metropolitan Police Authority as the appropriate authority in relation to any allegation, the 2008 Conduct Regulations (as amended by these Regulations) shall have effect as if anything done or treated as done by or in relation to the Metropolitan Police Authority in its capacity as appropriate authority had been done by or in relation to the Commissioner of Police of the Metropolis.
1
Any decision taken under regulation 34(13) (procedure at misconduct proceedings) or 54(13) (procedure at special case hearing) of the 2008 Conduct Regulations in relation to a senior officer of the Metropolitan Police Force before the coming into force of these Regulations shall be treated as if it had been taken by a panel of persons constituted in accordance with regulations 26A or 47A of the 2008 Conduct Regulations (as inserted by regulation 6(5) and (12) of these Regulations), as the case may be.
2
Any decision taken under regulation 35(1) (outcome of misconduct proceedings) or 55(1) or (5) (outcome of special case hearing) of the 2008 Conduct Regulations in relation to a senior officer of the Metropolitan Police Force before the coming into force of these Regulations shall be treated as if it had been taken by the appropriate authority under regulation 35(1A) or 55(1A) or (5A) of the 2008 Conduct Regulations (as inserted by regulation 6(9)(b) and (16)(b) and (d) of these Regulations), as the case may be.
Nick Herbert
Minister of State
Home Office
15th December 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Armed Forces Pension Scheme 2005 (Amendment) Order 2011 and comes into force on 27th June 2011.
2
In this Order, “rules of the Scheme” means the rules of the Armed Forces Pension Scheme 2005 set out in the Armed Forces Pension Scheme Order 2005 .
Amendment of the rules of the Scheme
2
1
The rules of the Scheme are amended as follows.
2
In rule A.1(4) —
a
omit the definition of “paternity leave”; and
b
insert at the appropriate places —
“additional paternity leave” means leave which, in the opinion of the Secretary of State, corresponds to additional paternity leave within the meaning of regulation 4 or 14 of the Additional Paternity Leave Regulations 2010 ;
;
“ordinary paternity leave” means leave which, in the opinion of the Secretary of State, corresponds to paternity leave within the meaning of regulation 4 or 8 of the Paternity and Adoption Leave Regulations 2002 ;
.
3
In rule A.3(2)(d) after “on” insert “ordinary paternity leave or on paid additional”.
4
Rule D.2 is modified as follows —
a
in paragraph (1) after “pension benefit age” insert “or, in the case of a member who is within paragraph (7) of this rule, the member attains pension age”;
b
in paragraph (2) after “pension benefit age” insert “or, in the case of a member who is within paragraph (7) of this rule, attaining pension age”;
c
after paragraph (6) insert —
7
A member is within this paragraph if the member satisfies the following two conditions —
a
the first condition is that the member has attained at least 54 years and 274 days of age but not yet the pension age; and
b
the second condition is that the Scheme administrator is satisfied that the member intends either —
i
to enter civilian employment which would not be available if the member continued in service until pension age; or
ii
to undertake a course of full time education, or a training course, which starts before the time at which the member reaches pension age.
.
5
For rule D.3(3) substitute —
3
The pension and any lump sum become payable —
a
immediately on the pension credit member reaching pension benefit age; or
b
if it is later, when the pension sharing order under which the member is entitled to the pension credit takes effect.
.
6
After rule D.3(5) insert —
6
If a pension credit member exercises the option under rule D.4, the Secretary of State must be reasonably satisfied that the total value of the benefits payable by virtue of its exercise is at least equal to the amount described in regulation 11 of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (value of alternatives to pension credit benefit) .
.
7
In rule D.4(1) for “D.3(3)(b)(i)” substitute “D.3”.
8
Rule D.4(3) is modified as follows —
a
insert “and” after paragraph (a);
b
for paragraph (b) substitute —
b
the pension sharing order from which the pension credit rights derive has taken effect.
; and
c
omit paragraph (c).
9
Rule E.9 is modified as follows —
a
for paragraph (4), substitute —
4
Condition C is that, because of physical or mental impairment —
a
the person is, in the opinion of the Scheme administrator, unable to engage in full-time gainful employment; and
b
the person was dependent on the member at the date of the death.
; and
b
omit paragraph (4A).
10
Rule E.15(1) is modified as follows —
a
after sub-paragraph (b) omit “or” and insert —
c
any person who, but for the application of rule E.1(2) or rule E.2(2), would be so entitled or to whom a pension may be awarded; or
;
b
the existing paragraph (c) is re-designated accordingly.
11
In rule F.8(1)(c), omit “benefit”.
Andrew Robathan
Parliamentary Under Secretary of State
Ministry of Defence
26th May 2011


text:
Citation and commencement
1
These Regulations may be cited as the Pensions Increase (Modification) Regulations 2011, and shall come into force on 10th April 2011.
Interpretation
2
In these Regulations —
“the 1971 Act ” means the Pensions (Increase) Act 1971;
“the 1975 Act ” means the Social Security Pensions Act 1975 .
Modification
3
The provisions of section 59 of the 1975 Act shall apply in relation to an official pension subject to the modification in regulation 4.
4
“Base period”, in relation to the direction specified in regulation 5, means the period ending with the coming into force of that direction and beginning on 12th April 2010.
5
The direction specified in this regulation is the direction mentioned in section 59(1) of the 1975 Act coming into force on 11th April 2011 .
Michael Fabricant
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 2011


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (China) Order 2011.
Double taxation and international tax enforcement agreement to have effect
2
It is declared that —
a
the agreement set out in the Schedule to this Order has been made with the Government of the People’s Republic of China;
b
the agreement has 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 People’s Republic of China and for the purposes of assisting international tax enforcement; and
c
it is expedient that the agreement should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment) Regulations 2011 and shall come into force on 6th April 2011.
2
In these Regulations “the 2002 Regulations ” mean the Police Act 1997 (Criminal Records) Regulations 2002 .
3
These Regulations extend to England and Wales.
Amendment of regulation 4 of the 2002 Regulations
2
In regulation 4(b) of the 2002 Regulations (fees for criminal record certificates and enhanced criminal record certificates) for “£36” substitute “£44”.
Lynne Featherstone
Parliamentary Under-Secretary of State
Home Office
10th March 2011


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records and Registration) (Guernsey) (Amendment) Regulations 2011 and shall come into force on 6th April 2011.
2
In these Regulations “the 2009 Regulations ” mean the Police Act 1997 (Criminal Records and Registration) (Guernsey) Regulations 2009 .
3
These Regulations extend to Guernsey.
Amendment of regulation 4 of the 2009 Regulations
2
In regulation 4(b) of the 2009 Regulations (fees for criminal record certificates and enhanced criminal record certificates) for “£36” substitute “£44”.
Lynne Featherstone
Parliamentary Under-Secretary of State
Home Office
10th March 2011


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Ethiopia) 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 Federal Democratic Republic of Ethiopia;
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 Federal Democratic Republic of Ethiopia 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
1
This Order may be cited as the Welfare Reform Act 2009 (Commencement No. 7) Order 2012.
Appointed day
2
The day appointed for the coming into force of section 29 (exemption from jobseeking conditions for victims of domestic violence) of the Welfare Reform Act 2009 is 19th January 2012.
Signed by authority of the Secretary of State for Work and Pensions.
C Grayling
Minister of State,
Department for Work and Pensions
11th January 2012


text:
Citation and commencement
1
1
This Order may be cited as the Legal Officers (Annual Fees) Order 2011.
2
This Order shall come into operation on the first day of January 2012.
Establishment of fees
2
The fees appearing in Schedule 1 to this Order are established. The Tables of that Schedule contain particulars of the annual fees which are to be received, after the commencement of this Order, by —
1
the legal officers named in Table I of that Schedule in respect of the carrying out by them of the duties of their offices specified in Schedule 2 to this Order; and
2
by the legal officers named in Part A of Table II of Schedule 1 in respect of the carrying out by them of the duties of their offices except the duties and professional services specified in Part B of Table II as not falling within the scope of the annual fee.
Payment of fees
3
The fees established and set out in the second column of Table I of Schedule 1 to this Order are to be paid by the diocesan board of finance. The fees established and set out in the third column of the said Table I and in Table II of that Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.
Revocation of 2010 Order
4
The Legal Officers (Annual Fees) Order 2010 is hereby revoked.
Duties of the diocesan registrar
5
The diocesan registrar shall perform the duties and provide the professional services specified in Schedule 2 to this Order in consideration of the annual fee set out in Table I of Schedule 1 to this Order for his or her diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.
Supplementary annual fee
6
1
Subject to the provisions of this article nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee payable under Table I of Schedule 1 to this Order.
2
An agreement made under paragraph (1) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
3
An agreement made under paragraph (1) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less that three months’ notice on either side.
4
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
Travel, subsistence and accommodation
7
A fee specified in Schedule 1 to this Order shall be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
Value Added Tax
8
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of Schedule 2 to this Order) there shall be payable in addition to that fee the amount of Value Added Tax.
A Rutherford
G F Tattersall
A R Hargreaves-Smith
A Britton
T E H Walker
T E Allen
C. J. Podmore
Clerk to the Synod
Church House, London
8th July 2011


text:
Citation and Commencement
1
This Order may be cited as the Pensions Increase (Review) Order 2011 and comes into force on 11th April 2011.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1975 Act ” means the Social Security Pensions Act 1975;
“basic rate” and “derivative pension” have the meanings given by section 17(1) of the 1971 Act ;
“the existing Orders ” means the Pensions Increase (Annual Review) Order 1972, the Pensions Increase (Annual Review) Order 1973, the Pensions Increase (Annual Review) Order 1974, the Pensions Increase (Annual Review) Order 1975, the Pensions Increase (Annual Review) Order 1976, the Pensions Increase (Annual Review) Order 1977, the Pensions Increase (Annual Review) Order 1978, the Pensions Increase (Review) Order 1979, the Pensions Increase (Review) Order 1980, the Pensions Increase (Review) Order 1981, the Pensions Increase (Review) Order 1982, the Pensions Increase (Review) Order 1983, the Pensions Increase (Review) Order 1984, the Pensions Increase (Review) Order 1985, the Pensions Increase (Review) Order 1986, the Pensions Increase (Review) Order 1987, the Pensions Increase (Review) Order 1988, the Pensions Increase (Review) Order 1989, the Pensions Increase (Review) Order 1990, the Pensions Increase (Review) Order 1991, the Pensions Increase (Review) Order 1992, the Pensions Increase (Review) Order 1993, the Pensions Increase (Review) Order 1994, the Pensions Increase (Review) Order 1995, the Pensions Increase (Review) Order 1996, the Pensions Increase (Review) Order 1997, the Pensions Increase (Review) Order 1998, the Pensions Increase (Review) Order 1999, the Pensions Increase (Review) Order 2000, the Pensions Increase (Review) Order 2001, the Pensions Increase (Review) Order 2002, the Pensions Increase (Review) Order 2003, the Pensions Increase (Review) Order 2004, the Pensions Increase (Review) Order 2005, the Pensions Increase (Review) Order 2006, the Pensions Increase (Review) Order 2007, the Pensions Increase (Review) Order 2008 and the Pensions Increase (Review) Order 2009 ;
“official pension” has the meaning given by section 5(1) of the 1971 Act ;
“pension authority” has the meaning given by section 7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act ;
“relevant injury pension”, “substituted pension” and “widow’s pension” have the meanings given by section 17(1) of the 1971 Act .
2
For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act , and the “beginning date” shall be construed accordingly.
3
Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3
1
The pension authority may, if any of the conditions in paragraph (2) are fulfilled, increase the annual rate of an official pension in respect of any period on or after 11th April 2011 as follows —
a
a pension beginning before 12th April 2010 may be increased by 3.1 per cent of the basic rate (as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders);
b
a pension beginning on or after 12th April 2010 and before 11th April 2011 may be increased by 3.1 per cent multiplied by
A
B
¯
where
A is the number of complete months in the period between the beginning date of the pension and 11th April 2011; and
B is 12.
2
Those conditions are —
a
a qualifying condition is satisfied;
b
the official pension is —
i
a derivative pension;
ii
a substituted pension; or
iii
a relevant injury pension.
Increases in certain lump sums
4
1
This article applies to any lump sum or instalment of a lump sum which became payable on or after 12th April 2010 but before 11th April 2011.
2
The pension authority may increase a lump sum or instalment of a lump sum to which this article applies by 3.1 per cent of the amount of the lump sum or instalment (as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders) multiplied by
A
B
¯
where
A is the number of complete months in the period between the beginning date for the lump sum or, if later, 12th April 2010 and the date on which it became payable; and
B is 12.
Reductions in respect of guaranteed minimum pensions
5
The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person —
a
who is entitled to a guaranteed minimum pension on 11th April 2011; and
b
whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises,
be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury otherwise direct, in accordance with the provisions of section 59A of the 1975 Act.
6
The amount by reference to which any increase in the rate of a widow’s or widower’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse to a guaranteed minimum pension, be reduced in accordance with section 59(5ZA) of the 1975 Act.
Michael Fabricant
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 2011


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police (Amendment) Regulations 2011 and shall come into force —
a
in relation to the Metropolitan police district, on 16th January 2012; and
b
in relation to the other police areas in England and Wales, on 22nd November 2012.
2
These Regulations extend to England and Wales.
Amendments to the Police Regulations 2003
2
The Police Regulations 2003 are amended as follows.
3
In regulation 3(1), before the definition of “Act” insert —
“the 2011 Act ” means the Police Reform and Social Responsibility Act 2011 ;
.
4
1
In the provisions listed in paragraph (2), for “police authority” substitute “local policing body”.
2
Those provisions are —
a
regulation 2(1) (in the definition of “university scholar”);
b
regulation 3(1);
c
regulation 5(4)(a);
d
regulation 6(2);
e
regulation 7 (in each place);
f
regulation 8(4) (in each place);
g
regulation 9(2);
h
regulation 10(1)(d);
i
regulation 13(3) (in both places);
j
regulation 14(a);
k
regulation 22(3)(b);
l
regulation 24(1)(a) and (3)(b);
m
regulation 30(1);
n
regulation 32;
o
regulation 33(1) and (5);
p
regulation 34(1)(a) and (3);
q
regulation 35(2)(a);
r
regulation 39 (in both places);
s
regulation 45 (in both places);
t
paragraph 3(1) of Schedule 1;
u
paragraph 1(2) of Schedule 2.
5
1
In the provisions listed in paragraph (2), for “authority” substitute “body”.
2
Those provisions are —
a
regulation 5(4)(a);
b
regulation 7(5A);
c
regulation 14(a).
6
1
In the provisions listed in paragraph (2), omit “deputy chief constable or assistant chief constable”.
2
Those provisions are —
a
regulation 8(4) (in both places);
b
regulation 9(2).
7
In regulation 11 (appointment of senior officers) —
a
in paragraph (1), for “section 11(1) of the Act” substitute “section 38(1) of the 2011 Act”;
b
after paragraph (1) insert —
1A
Subject to any enactment governing an appointment to a rank higher than that of Chief Superintendent, and to regulations 9 and 10, no person shall be appointed to such a rank unless he has satisfactorily completed such courses or assessment centres as the Secretary of State shall determine.
;
c
in paragraph (2B), for “police authority” substitute “person who made the appointment”.
8
After regulation 11 insert —
Removal of chief constable or commissioner or deputy commissioner of the metropolitan police
11A
1
If an elected local policing body is proposing to call on a member of a police force to retire or resign under section 38(3) or 48(3) of the 2011 Act, the body shall —
a
obtain the views of the chief inspector of constabulary in writing;
b
have regard to those written views;
c
give the member a copy of those written views at the time of giving the member a written explanation of the reasons why the body is proposing to call for the retirement or resignation in accordance with section 48(5)(a) of, or paragraph 13(2) of Schedule 8 to, the 2011 Act; and
d
if the body is a police and crime commissioner, give the police and crime panel a copy of those written views at the time of giving the panel a copy of the commissioner’s reasons in accordance with paragraph 13(3)(b) of that Schedule.
2
If, having complied with paragraph (1) of this regulation and paragraph 13 of Schedule 8 to the 2011 Act, a police and crime commissioner still proposes to call upon the chief constable to retire or resign, the commissioner shall, at the time of giving the chief constable and the police and crime panel notification of the commissioner’s intention in accordance with paragraph 14(2) of that Schedule —
a
give the chief constable and the panel a written explanation of the reasons why the commissioner still proposes to call for the retirement or resignation;
b
give the chief inspector of constabulary a copy of the notification and the explanation; and
c
give the chief executive appointed under paragraph 6(1)(a) of Schedule 1 to the 2011 Act a copy of the notification, the explanation and the written views of the chief inspector obtained in accordance with paragraph (1)(a) of this regulation.
Removal of other senior officers
11B
1
If a chief officer is proposing to call on a member of a police force to retire or resign under section 39(5), 40(4) or 49(3) of the 2011 Act, the chief officer shall —
a
notify the relevant elected local policing body of the proposal as soon as is practicable;
b
obtain the views of the chief inspector of constabulary in writing;
c
have regard to those written views; and
d
give the member a copy of those written views at the time of giving the member a written explanation of the reasons why the chief officer is proposing to call for the retirement or resignation in accordance with section 49(5)(a) of, or paragraph 19(2) of Schedule 8 to, the 2011 Act.
2
Paragraph (1)(a) is without prejudice to the duty of a chief constable to consult the relevant police and crime commissioner under paragraph 20(2) of Schedule 8 to the 2011 Act.
3
In addition to giving the member of the police force the opportunity to make written representations in accordance with section 49(5)(b) of, or paragraph 19(3) of Schedule 8 to, the 2011 Act, the chief officer shall give the member the opportunity to make oral representations at a meeting attended by the chief officer.
4
If, having complied with paragraphs (1) and (2) of this regulation and section 49(5) of, or paragraph 19 of Schedule 8 to, the 2011 Act, the chief officer still proposes to call on the member of the police force to retire or resign, the chief officer shall —
a
give the relevant elected local policing body —
i
a written explanation of the chief officer’s reasons, and
ii
a copy of the written views of the chief inspector of constabulary,
at the time of consulting that body in accordance with section 49(3) of, or paragraph 20(2) of Schedule 8 to, the 2011 Act; and
b
give a copy of the written explanation of the chief officer’s reasons to —
i
the member, and
ii
the chief inspector of constabulary.
9
In regulation 24(1)(b), for “the police authority under section 15 of the Act” substitute “the Chief Officer or the local policing body”.
10
In paragraph 1(2) of Schedule 2, for “chief constable or other senior officer within the meaning of the Police (Conduct) Regulations 2004” substitute “chief officer”.
Nick Herbert
Minister of State
Home Office
15th December 2011


text:
Citation, commencement, application and revocation
1
1
These Regulations may be cited as the Education (Non-Maintained Special Schools) (England) Regulations 2011 and come into force on 1st September 2011.
2
These Regulations apply to non-maintained special schools in England.
3
The following Regulations are revoked —
a
the Education (Non-Maintained Special Schools) (England) Regulations 1999 ,
b
the Education (Non-Maintained Special Schools) (England) (Amendment) Regulations 2002 , and
c
the Education (Non-Maintained Special Schools) (England) (Amendment) Regulations 2007 .
Interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Education Act 1996;
“the 1997 Act ” means the Police Act 1997 ;
“the 2002 Act ” means the Education Act 2002 ;
“the 2005 Act ” means the Education Act 2005 ;
“the Chief Inspector ” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills ;
“employment business” has the meaning given by section 13(3) of the Employment Agencies Act 1973 and includes a local authority and a person carrying on an employment business;
“enhanced criminal record certificate” means a certificate within the meaning of section 113B(3) of the 1997 Act , which includes suitability information relating to children within the meaning of section 113BA(2) of that Act;
“maintained special school” means a community or foundation special school ;
“ National Minimum Standards ” means the national minimum standards relating to residential special schools published under section 87C(1) of the Children Act 1989 and in a case where a non-maintained special school is also a children’s home, the national minimum standards relating to children’s homes issued by the Secretary of State under section 23 of the Care Standards Act 2000;
“proprietor” in relation to a non-maintained special school means the governing body of the school;
“work” includes work of any kind, whether under a contract of service or apprenticeship, under a contract for services or otherwise than under a contract or as a volunteer.
2
For the purposes of these Regulations an application for an enhanced criminal record certificate is made if —
a
the application is —
i
countersigned by the proprietor as a person registered under section 120(1) of the 1997 Act or countersigned on the proprietor’s behalf by such a person, and
ii
submitted to the Secretary of State in accordance with section 113B of that Act; or
b
in accordance with section 113B(2A) of the 1997 Act, the application is transmitted electronically to the Secretary of State by the proprietor as a person registered under section 120(1) of that Act or is so transmitted on the proprietor’s behalf by such a person.
3
For the purposes of these Regulations a person is appointed to a position if that person is —
a
engaged to work at a school, other than a person supplied by an employment business, or
b
appointed to the governing body of a school.
4
A person (X) is to be treated as meeting any staff qualification requirements if X —
a
fulfils any requirements with respect to qualifications or registration which apply to X by virtue of regulations made under sections 132 to 135 of the 2002 Act and regulations made under section 19 of the Teaching and Higher Education Act 1998 ,
b
meets any conditions with respect to health and physical capacity, which apply to X by virtue of regulations made under section 141 of the 2002 Act , and
c
is not barred from regulated activity relating to children, to vulnerable adults or to both under section 3 of the Safeguarding Vulnerable Groups Act 2006.
Conditions of approval and requirements to be complied with
3
1
The requirements which are to be complied with as a condition of approval by the Secretary of State under section 342(1) of the 1996 Act are set out in Part 1 of the Schedule.
2
The requirements which are to be complied with by a school while approved under section 342(1) of the 1996 Act are set out in Part 2 of the Schedule.
Withdrawal of approval
4
1
The Secretary of State may withdraw approval from a school on the ground that there has been a failure to comply with any requirement contained in these Regulations.
2
Subject to paragraph (3), approval may not be withdrawn unless —
a
the Secretary of State has given written notice to the proprietor specifying each requirement that must be complied with (“the specified requirement”) and the time limit within which compliance must be achieved (“the specified time limit”), and
b
the proprietor has failed to comply with a specified requirement within the specified time limit.
3
The Secretary of State must withdraw approval from a school if the proprietor makes a written request to that effect.
4
Where the Secretary of State withdraws approval from a school following a request to do so from the proprietor, the Secretary of State may determine that the decision will have effect from such date as the Secretary of State may specify.
Appeal against a decision of Secretary of State
5
1
An appeal against any decision by the Secretary of State —
a
to withdraw approval from the school under regulation 4(1),
b
not to approve, or not to approve a change to, or to withdraw approval from relevant arrangements in relation to the school,
lies to the First-tier Tribunal and must be brought by the proprietor of the school.
2
On an appeal, the First-tier Tribunal may uphold the decision of the Secretary of State, or direct that it is of no effect.
3
Where the First-tier Tribunal upholds a decision of the Secretary of State to withdraw approval, the school ceases to be approved under section 342 of the 1996 Act from such date as the First-tier Tribunal may specify or, if it does not specify a date, from such date as the Secretary of State may determine.
Effect of decisions of the Secretary of State pending an appeal
6
Where the Secretary of State withdraws approval from a school under regulation 4(1), the Secretary of State’s decision to withdraw approval does not have effect during the period in which an appeal against the decision could be brought or, where an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.
Sarah Teather
Minister of State
Department for Education
4th July 2011


text:
1
1
These Regulations may be cited as the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011 and come into force on 15th April 2011.
2
In these Regulations —
“the 1984 Act” means the Road Traffic Regulation Act 1984; and
“special forces” means those units of the armed forces of the Crown the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which are for the time being subject to the operational command of that Director.
Variation of provisions imposing a speed limit
2
1
The provisions falling within paragraph (2) are varied in accordance with paragraph (3).
2
A provision falls within this paragraph if it is a provision imposing a speed limit and it is contained in or has effect under —
a
section 14 (temporary prohibition or restriction on roads) , 16A (prohibition or restriction on roads in connection with certain events) , 17 (traffic regulation on special roads) , 81(1) (general speed limit for restricted roads), 84(1) (speed limits on roads other than restricted roads) or 88 (temporary speed limits) of the 1984 Act;
b
section 3 (orders as to inland waterways etc. ) of the Transport and Works Act 1992 ; or
c
a local Act.
3
A provision falling within paragraph (2) is to have effect as if no speed limit were imposed in relation to a vehicle used for naval, military or air force purposes while being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown on an occasion when —
a
the person driving the vehicle is a member of the special forces; and
b
the vehicle is being driven —
i
in response, or for practice in responding, to a national security emergency by a person who has been trained in driving vehicles at high speeds; or
ii
for the purpose of training a person in driving vehicles at high speeds.
Regulations in relation to orders and notices under the 1984 Act
3
1
An order made, or notice issued, under section 14 of the 1984 Act in relation to a road in England that imposes a speed limit on vehicles must provide for an exemption from the speed limit for vehicles falling within paragraph (4) when used in accordance with paragraph (5).
2
An order made under section 16A of the 1984 Act in relation to a road in England or Scotland that imposes a speed limit on vehicles must provide for an exemption from the speed limit for vehicles falling within paragraph (4) when used in accordance with paragraph (5).
3
An order made under section 84(1)(c) of the 1984 Act by a local authority in relation to a road in England must provide for an exemption for vehicles falling within paragraph (4) when used in accordance with paragraph (5).
4
A vehicle falls within this paragraph if it is a vehicle used for naval, military or air force purposes.
5
A vehicle is used in accordance with this paragraph if it is being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown on an occasion when —
a
the person driving the vehicle is a member of the special forces; and
b
the vehicle is being driven —
i
in response, or for practice in responding, to a national security emergency by a person who has been trained in driving vehicles at high speeds; or
ii
for the purpose of training a person in driving vehicles at high speeds.
Amendment of road traffic regulations
4
In the Road Vehicles Lighting Regulations 1989 —
a
in regulation 3 (interpretation) in the Table after “Special equipment” in column (1) and the corresponding entry in column (2) insert, respectively —
“Special forces” Those units of the home forces the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which are for the time being subject to the operational command of that Director. “Special forces purposes” The expression means, in relation to the use of a vehicle, the use of a vehicle by the special forces in response, or for training or practice in responding, to a national security emergency.
;
b
in regulation 11 (colour of light shown by lamps and reflectors) in paragraph (2)(k) after “emergency vehicle” insert “or to a vehicle used for special forces purposes”;
c
in regulation 13 (lamps to show a steady light) at the end of paragraph (2)(b) add “or a vehicle used for special forces purposes”; and
d
in regulation 16 (restrictions on fitting blue warning beacons, special warning lamps and similar devices) after “emergency vehicle” insert “or a vehicle used for special forces purposes”.
5
In the Road Vehicles (Construction and Use) Regulations 1986 in regulation 37 (audible warning instruments) —
a
in paragraph (5) for sub-paragraph (k) substitute —
k
owned or operated by the Secretary of State for Defence and used —
i
for the purpose of any activity —
aa
which prevents or decreases the exposure of persons to radiation arising from a radiation accident or radiation emergency; or
bb
in connection with an event which could lead to a radiation accident or radiation emergency; or
ii
for special forces purposes;
;
b
for paragraph (9A) substitute —
9A
In this regulation —
“radiation accident” and “radiation emergency” have the same meaning as in the Radiation (Emergency Preparedness and Public Information) Regulations 2001 ;
“special forces” means those units of the home forces the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which are for the time being subject to the operational command of that Director; and
“special forces purposes” means, in relation to the use of a vehicle, the use of a vehicle by the special forces in response, or for training or practice in responding, to a national security emergency.
.
6
In the Zebra, Pelican and Puffin Pedestrian Crossings Regulations 1997 —
a
in regulation 3 (interpretation) in paragraph (1) after the definition of “secondary signal” insert —
“special forces purposes” means, in relation to the use of a vehicle, the use where —
the person driving the vehicle is a member of a unit of the armed forces of the Crown the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which is for the time being subject to the operational command of that Director; and
the vehicle is being driven —
in response, or for practice in responding, to a national security emergency by a person who has been trained in driving vehicles at high speeds; or
for the purpose of training a person in driving vehicles at high speeds;
;
b
in regulation 12 (significance of vehicular light signals at pelican crossings) in paragraph (1) —
i
in sub-paragraphs (c) and (d) for “sub-paragraph (e) and sub-paragraph (ea) and sub-paragraph (eb)” substitute “sub-paragraphs (e) to (ec)”;
ii
at the end of sub-paragraphs (e), (ea) and (eb) omit “and”; and
iii
after sub-paragraph (eb) insert —
ec
when a vehicle is being used for special forces purposes, sub-paragraphs (c) and (d) shall not apply to the vehicle, and the steady amber and the red signal shall each convey the information that the vehicle may proceed beyond the stop-line if the driver —
i
accords precedence to any pedestrian who is on that part of the carriageway which lies within the limits of the crossing or on the central reservation which lies between two crossings which do not form part of a system of staggered crossings; and
ii
does not proceed in a manner or at a time likely to endanger any person or any vehicle approaching or waiting at the crossing, or to cause the driver of any such vehicle to change its speed or course in order to avoid an accident; and
;
c
in regulation 13 (significance of vehicular light signals at puffin crossings) in paragraph (1) —
i
in sub-paragraphs (c), (d) and (e) for “sub-paragraph (f) and sub-paragraph (g) and sub-paragraph (h)” substitute “sub-paragraphs (f) to (i)”;
ii
at the end of sub-paragraph (h) add —
; and
when a vehicle is being used for special forces purposes sub-paragraphs (c), (d) and (e) shall not apply to the vehicle and the red signal, red-with-amber and amber signals shall each convey the information that the vehicle may proceed beyond the stop line if the driver —
accords precedence to any pedestrian who is on that part of the carriageway which lies within the limits of the crossing or on a central reservation which lies between two crossings which do not form part of a system of staggered crossings; and
does not proceed in a manner or at a time likely to endanger any person or any vehicle approaching or waiting at the crossing, or to cause the driver of any such vehicle to change its speed or course in order to avoid an accident
; and
d
in regulation 21 (exceptions to regulation 20) in paragraph (c) for “or ambulance” substitute “, ambulance or special forces”.
7
In the Traffic Signs Regulations 2002 —
a
in regulation 4 (interpretation-general) after the definition of “solo motor cycle” insert —
“special forces purposes”, in relation to the use of a vehicle, means the use where —
a
the person driving the vehicle is a member of a unit of the armed forces of the Crown the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which is for the time being subject to the operational command of that Director; and
b
the vehicle is being driven —
i
in response, or for practice in responding, to a national security emergency by a person who has been trained in driving vehicles at high speeds; or
ii
for the purpose of training a person in driving vehicles at high speeds.
;
b
in regulation 15 (sign shown in diagram 610 and its significance) —
i
in paragraph (1) after “(2B)” insert “, (2C)”;
ii
after paragraph (2B) insert —
2C
On an occasion where a vehicle is being used for special forces purposes the requirement conveyed by the sign in question shall be that the vehicle shall not proceed beyond that sign in such a manner or at such a time as to be likely to endanger any person.
;
c
in regulation 26 (road markings shown in diagrams 1013.1, 1013.3 and 1013.4: double white lines) in paragraph (5)(b) after “ambulance” insert “, special forces”;
d
in regulation 27 (road marking shown in diagram 1001.3: zig-zag lines-no stopping) in paragraph (3)(c) for “or ambulance” substitute “, ambulance or special forces”;
e
in regulation 36 (significance of light signals prescribed by regulations 33 to 35) in paragraph (1) —
i
in sub-paragraph (a) for “sub-paragraph (b) and sub-paragraph (ba) and sub-paragraph (bb)” substitute “sub-paragraphs (b) to (bc)”; and
ii
after sub-paragraph (bb) insert —
bc
when a vehicle is being used for special forces purposes sub-paragraph (a) shall not apply to the vehicle and the red signal shall convey the prohibition that that vehicle shall not proceed beyond the stop line in a manner or at a time likely to endanger any person or to cause the driver of any vehicle proceeding in accordance with the indications of light signals operating in association with the signals displaying the red signal to change its speed or course in order to avoid an accident;
;
f
in regulation 38 (significance of the light signals prescribed by regulation 37(1)) in paragraphs (2), (3) and (4) after “36(1)(b)” insert “or (bc)”; and
g
in Schedule 19 (bus stop and bus stand clearways and box junctions) in Part 1 in paragraph 4 (other exceptions) in sub-paragraph (1)(a) after “ambulance” insert “, special forces”.
Signed by authority of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
23rd March 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nottinghamshire Healthcare National Health Service Trust (Establishment) Amendment Order 2011 and shall come into force on 1st July 2011.
2
In this Order —
“the Establishment Order ” means the Nottinghamshire Healthcare National Health Service Trust (Establishment) Order 2000 ;
“the trust” means the NHS trust established by the Establishment Order.
Amendment of article 1 of the Establishment Order
2
In article 1 of the Establishment Order (citation, commencement and interpretation), in paragraph (2) —
a
for the definition of “ the Act ”, substitute —
“the Act” means the National Health Service Act 2006;
;
b
for the definition of “community health services”, substitute —
“community health services” means any service which the Secretary of State has a duty to provide under section 3(1)(d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A of that Schedule;
;
c
for the definition of “high security psychiatric services”, substitute —
high security psychiatric services” has the meaning assigned to it in section 4 of the Act;
; and
d
omit the definition of “operational date”.
Amendment of article 3 of the Establishment Order
3
For article 3 of the Establishment Order (nature and functions of the trust) substitute —
Nature and functions of the trust
3
1
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.
2
Subject to having approval under paragraph 15(2) of Schedule 4 to the Act, the trust shall also provide high security psychiatric services.
.
Amendment of article 4 of the Establishment Order
4
For article 4 of the Establishment Order (directors of trust) substitute —
4
1
The trust shall have, in addition to the chairman, 6 non-executive directors and 6 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 5(1)(d) of Schedule 4 to the Act, one of the non-executive directors shall be appointed from the University of Nottingham.
.
Amendment of article 5 of the Establishment Order
5
For article 5 of the Establishment Order (operational date and accounting date 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, insofar as they are still in force —
a
article 6 (limited functions before operational date); and
b
article 7 (assistance by health authorities before operational date).
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
16th June 2011


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Registrar of Companies (Fees) (Companies, Overseas Companies and Limited Liability Partnerships) (Amendment) Regulations 2011 and come into force on 6th April 2011.
2
In these Regulations “the Main Regulations ” means the Registrar of Companies (Fees) (Companies, Overseas Companies and Limited Liability Partnerships) Regulations 2009 .
Amendment to Schedule 1 to the Main Regulations
2
1
Schedule 1 to the Main Regulations is amended as follows.
2
After paragraph 1 insert —
Means of electronic delivery to the registrar
1A
In this Schedule —
“Web Incorporation Service” means a service by which the documents required to be delivered under section 9 of the 2006 Act are delivered to the registrar by electronic means using a website of the registrar;
“Software Incorporation Service” means a service by which the documents required to be delivered under section 9 of the 2006 Act are delivered to the registrar by electronic means other than using a website of the registrar.
3
In paragraph 7 for sub-paragraph (a) and the fees specified in relation to that sub-paragraph in the second column (amount of fee) substitute —
(a) for the registration of a company under section 14 of the 2006 Act — (i) where the required documents are delivered by means of the Web Incorporation Service, £18.00 (ii) where the required documents are delivered by means of the Software Incorporation Service for same day registration, £30.00 (iii) where the required documents are delivered by means of the Software Incorporation Service other than for same day registration, £14.00 (iv) where the required documents are delivered in hard copy form for same day registration, £100.00 (v) where the required documents are delivered in hard copy form other than for same day registration except as provided in Paragraphs (vi) to (viii), £40.00 (vi) where the required documents are delivered in respect of a Welsh company in Welsh in hard copy form other than for same day registration, £20.00 (vii) where the required documents are delivered in respect of a community interest company within the meaning of section 26 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 in hard copy form other than for same day registration, £20.00 (viii) where the required documents are delivered in respect of an unlimited company in hard copy form other than for same day registration; £20.00
4
In paragraph 7(e)(i) in the second column (amount of fee) for “£30.00” substitute “£40.00”.
5
In paragraph 7(e)(ii) in the second column (amount of fee) for “£15.00” substitute “£14.00”.
6
In paragraph 7(e)(iii) in the second column (amount of fee) for “£30.00” substitute “£40.00”.
7
In paragraph 7(f)(i) after “delivered” and before “for” insert “in hard copy form”.
8
In paragraph 7(f)(ii) after “delivered” and before “other” insert “in hard copy form”.
9
After paragraph 7(f)(ii) insert —
(iii) where the required documents are delivered by electronic means for same day registration, £30.00 (iv) where the required documents are delivered by electronic means other than for same day registration; £8.00
10
After paragraph 7(h) insert —
(i) for the registration of the reduction of share capital of a company under section 644 of the 2006 Act — (i) where the required documents are delivered for same day registration, £50.00 (ii) where the required documents are delivered other than for same day registration; £10.00 (j) for the registration of the reduction of share capital of a company under section 649 of the 2006 Act — (i) where the required documents are delivered for same day registration, £50.00 (ii) where the required documents are delivered other than for same day registration. £10.00
11
In paragraph 9 for sub-paragraph (a) and the fees specified in relation to that sub-paragraph in the second column (amount of fee) substitute —
(a) for the registration of a limited liability partnership under section 3 of the 2000 Act — (i) where the required documents are delivered by electronic means for same day registration, £30.00 (ii) where the required documents are delivered by electronic means other than for same day registration, £14.00 (iii) where the required documents are delivered in hard copy form for same day registration, £100.00 (iv) where the required documents are delivered in hard copy form other than for same day registration except as provided in Paragraph (v), £40.00 (v) where the required documents are delivered in respect of a Welsh limited liability partnership in Welsh in hard copy form other than for same day registration; £20.00
12
In paragraph 9(b) —
a
in the second column (amount of fee) omit “£30.00”.
b
at the end insert —
(i) where the annual return is delivered in hard copy form, £40.00 (ii) where the annual return is delivered by electronic means; £14.00
13
In paragraph 9(c)(i) after “delivered “ and before “for” insert “in hard copy form”.
14
In paragraph 9(c)(ii) after “delivered” and before “other” insert “in hard copy form”.
15
After paragraph 9(c)(ii) insert —
(iii) where the required documents are delivered by electronic means for same day registration, £30.00 (iv) where the required documents are delivered by electronic means other than for same day registration; £8.00
16
In paragraph 10(a)(i) in the second column (amount of fee) for “£50.00” substitute “£100.00”.
17
In paragraph 10(e) in the second column (amount of fee) for “£30.00” substitute “£20.00”.
18
In paragraph 11(a) omit “644, 649,”.
Amendment to Schedule 2 to the Main Regulations
3
1
Paragraph 7 of Schedule 2 to the Main Regulations is amended as follows —
a
in sub-paragraph (a) in the second column (amount of fee) for “£5.00” substitute “£4.00”,
b
in sub-paragraph (j)(i) in the second column (amount of fee) for “£50.00” substitute “£60.00”,
c
in sub-paragraph (j)(ii) in the second column (amount of fee) for “£15.00” substitute “£20.00”,
d
in sub-paragraph (j)(iii) in the second column (amount of fee) for “£15.00” substitute “£20.00”,
e
in sub-paragraph (j)(iv) in the second column (amount of fee) for “£50.00” substitute “£60.00”,
f
for sub-paragraph (k) and the fees specified in relation to that sub-paragraph in the second column (amount of fee) substitute —
(k) for a copy certificate of incorporation in hard copy form under section 1065 of the 2006 Act, in relation to companies other than overseas companies, and under that provision as applied to limited liability partnerships by regulation 61 of the LLP Regulations, applied for by means of CHD — (i) where that certificate is delivered by post other than by same day delivery and it is the first certificate relating to that body corporate provided to an applicant on any one occasion, £20.00 (ii) where that certificate is delivered by post by same day delivery and it is the first certificate relating to that body corporate provided to an applicant on any one occasion, £60.00 (iii) where it is an additional certificate delivered by post (by same day delivery or not) relating to the same body corporate provided to the same applicant on the same occasion; £10.00
g
for sub-paragraph (l) and the fees specified in relation to that sub-paragraph in the second column (amount of fee) substitute —
(l) for a copy certificate of incorporation of the type referred to in sub-paragraph (k) above applied for by means of CHD and made available for collection at a CHIC — (i) where that certificate is made available other than for same day collection and it is the first certificate relating to that body corporate provided to an applicant on any one occasion, £20.00 (ii) where that certificate is made available for same day collection and it is the first certificate relating to that body corporate provided to an applicant on any one occasion, £60.00 (iii) where it is an additional certificate made available for collection (for same day collection or not) relating to the same body corporate provided to the same applicant on the same occasion. £10.00
2
In paragraph 8(a) of Schedule 2 to the Main Regulations in the second column (amount of fee) for “£5.88” substitute “£4.70”.
3
In paragraph 10(a) of Schedule 2 to the Main Regulations in the second column (amount of fee) for “£5.88” substitute “£4.70”.
4
Paragraph 11 of Schedule 2 to the Main Regulations is amended as follows —
a
in sub-paragraph (k)(i) in the second column (amount of fee) for “£15.00” substitute “£20.00”,
b
in sub-paragraph (k)(iii) in the second column (amount of fee) for “£50.00” substitute “£60.00”,
c
in sub-paragraph (l)(i) in the second column (amount of fee) for “£15.00” substitute “£20.00”,
d
in sub-paragraph (l)(iii) in the second column (amount of fee) for “£50.00” substitute “£60.00”,
e
for sub-paragraph (m) and the fees specified in relation to that sub-paragraph in the second column (amount of fee) substitute —
(m) for a copy certificate of incorporation in hard copy form under section 1065 of the 2006 Act, in relation to companies other than overseas companies, and under that provision as applied to limited liability partnerships by regulation 61 of the LLP Regulations, applied for at a CHIC — (i) where that certificate is delivered by post other than by same day delivery and it is the first certificate relating to that body corporate provided to an applicant on any one occasion, £20.00 (ii) where that certificate is delivered by post by same day delivery and it is the first certificate relating to that body corporate provided to an applicant on any one occasion, £60.00 (iii) where it is an additional certificate delivered by post (by same day delivery or not) relating to the same body corporate provided to the same applicant on the same occasion; £10.00
f
for sub-paragraph (n) and the fees specified in relation to that sub-paragraph in the second column (amount of fees) substitute —
(n) for a copy certificate of incorporation, in hard copy form, of the type referred to in sub-paragraph (m) above applied for at a CHIC and made available for collection at a CHIC — (i) where that certificate is made available other than for same day collection and it is the first certificate relating to that body corporate provided to an applicant on any one occasion, £20.00 (ii) where that certificate is made available for same day collection and it is the first certificate relating to that body corporate provided to an applicant on any one occasion, £60.00 (iii) where it is an additional certificate made available for collection (for same day collection or not) relating to the same body corporate provided to the same applicant on the same occasion. £10.00
5
Paragraph 12 of Schedule 2 to the Main Regulations is amended as follows —
a
in sub-paragraph (m)(i) in the second column (amount of fee) for “£15.00” substitute “£20.00”,
b
in sub-paragraph (m)(ii) in the second column (amount of fee) for “£50.00” substitute “£60.00”,
c
in sub-paragraph (n)(i) in the second column (amount of fee) for “£15.00” substitute “£20.00”,
d
in sub-paragraph (n)(ii) in the second column (amount of fee) for “£50.00” substitute “£60.00”,
e
for sub-paragraph (o) and the fees specified in relation to that sub-paragraph in the second column (amount of fee) substitute —
(o) for a copy certificate of incorporation provided on an application to a CHCC, in hard copy form, under section 1065 of the 2006 Act, in relation to companies other than overseas companies, and under that provision as applied to limited liability partnerships by regulation 61 of the LLP Regulations — (i) where that certificate is delivered by post other than by same day delivery and it is the first certificate relating to that body corporate provided to an applicant on any one occasion, £20.00 (ii) where that certificate is delivered by post by same day delivery and it is the first certificate relating to that body corporate provided to an applicant on any one occasion, £60.00 (iii) where it is an additional certificate delivered by post (by same day delivery or not) relating to the same body corporate provided to the same applicant on the same occasion; £10.00
f
for sub-paragraph (p) and the fees specified in relation to that sub-paragraph in the second column (amount of fee) substitute —
(p) for a copy certificate of incorporation of the type referred to in sub-paragraph (o) above, provided on an application to a CHCC, and made available for collection at a CHIC — (i) where that certificate is made available other than for same day collection and it is the first certificate relating to that body corporate provided to an applicant on any one occasion, £20.00 (ii) where that certificate is made available for same day collection and it is the first certificate relating to that body corporate provided to an applicant on any one occasion, £60.00 (iii) where it is an additional certificate made available for collection (for same day collection or not) relating to the same body corporate provided to the same applicant on the same occasion. £10.00
Amendment to Schedule 3 to the Main Regulations
4
Paragraph 1 of Schedule 3 to the Main Regulations is amended as follows —
a
in sub-paragraph (b) in the second column (amount of fee) for “£4,000.00” substitute “£3,600.00”,
b
in sub-paragraph (c) in the second column (amount of fee) for “£48,000.00” substitute “£43,000.00”.
Application of fees
5
1
The fees prescribed by regulation 2 apply —
a
in relation to paragraphs (4), (5), (6) and (12) to the registration of an annual return delivered to the registrar on or after 6th April 2011;
b
in relation to the other paragraphs in that regulation to any registration in respect of which every document necessary for the registrar to effect such an act is delivered to the registrar on or after 6th April 2011.
2
The fees prescribed by regulation 3 apply —
a
in relation to paragraphs (1)(a), (2) and (3) in respect of a subscription payable on or after 6th April 2011;
b
in relation to the other paragraphs in that regulation in respect of an application received by the registrar on or after 6th April 2011.
3
The fees prescribed by regulation 4 apply —
a
in relation to paragraph (a) to an application received by the registrar on or after 6th April 2011;
b
in relation to paragraph (b) in respect of a subscription payable on or after 6th April 2011.
Edward Davey
Minister for Employment Relations, Consumer and Postal Affairs,
Department for Business, Innovation and Skills
8th February 2011


text:
Citation and commencement
1
1
This Order may be cited as the South Derbyshire (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 South Derbyshire (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 South Derbyshire and number of councillors
3
1
The existing wards of the district of South Derbyshire are abolished.
2
The district is divided into fifteen wards each bearing a name listed in column 1 of 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 Hartshorne and number of councillors
4
1
The parish of Hartshorne is divided into two wards named respectively —
a
Hartshorne and Goseley;
b
Midway.
2
Each ward comprises the area designated on the map by reference to the name of the ward.
3
Nine councillors are to be elected for Hartshorne and Goseley ward.
4
Six councillors are to be elected for Lower Midway 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


text:
Citation and commencement
1
This Order may be cited as the British Waterways Board (Kennet and Avon Canal) (Reclassification) Order 2011 and comes into force on 18th April 2011.
Reclassification of the Kennet and Avon Canal
2
In Part 2 (cruising waterways) of Schedule 12 (commercial and cruising waterways) to the Transport Act 1968, for the entry relating to the Kennet and Avon Canal substitute —
The Kennet and Avon Canal from High Bridge, Reading, to the tail of the bottom lock at Bath.”.
Jim Paice
Minister of State
Department for Environment, Food and Rural Affairs
18th March 2011


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Cleaner Road Transport Vehicles Regulations 2011 and come into force on 31st July 2011.
2
These Regulations do not extend to Scotland.
Interpretation
2
1
In these Regulations —
“contracting authority”, “established”, “national of a relevant State” and “relevant State” have the meaning given in regulation 2(1) of the Public Contracts Regulations 2006 ;
“contract documents” means the invitation to tender for or to negotiate a contract, the descriptive document (if any), the proposed conditions of contract, the specifications or descriptions of the goods, services, work or works required and of the materials or goods to be used in or for such work or works, and all documents supplementary thereto;
“contract notice” means a notice which is a contract notice within the meaning of the Public Contracts Regulations 2006 or the Utilities Contracts Regulations 2006 (as applicable);
“declaration of ineffectiveness” has the meaning given in regulation 47(1) of the Public Contracts Regulations 2006;
“the Directive” means Directive 2009/33/EC of the European Parliament and of the Council of 23 rd April 2009 on the promotion of clean and energy-efficient road transport vehicles;
“economic operator” means —
a person who is an economic operator within the meaning of the Public Contracts Regulations 2006 or the Utilities Contracts Regulations 2006 ;
a person who —
offers on the market road transport vehicles for purchase or leasing;
sought, seeks, or would have wished, to be the person with whom an operator enters into a contract for the purchase or leasing of road transport vehicles; and
is a national of and established in a relevant State;
“Official Journal” means the Official Journal of the European Union;
“operator” means a person required to perform public service obligations under a public service contract;
“procurement procedure” means —
the competitive dialogue procedure, the negotiated procedure, the open procedure or the restricted procedure referred to in the Public Contracts Regulations 2006;
the negotiated procedure, the open procedure or the restricted procedure referred to in the Utilities Contracts Regulations 2006;
any procedure by means of which an operator advertises for, and considers, offers in relation to a proposed contract;
“public service contract” and “public service obligation” have the same meaning as in Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 rd October 2007 on public passenger transport services by rail and by road and repealing Council Regulations ( EEC ) No. 1191/69 and 1107/70 ;
“road transport vehicle” has the meaning given in article 4(3) of the Directive;
“type approval requirement” has the meaning given in section 54(1) of the Road Traffic Act 1988 ;
“utility” has the meaning given in regulation 2(1) of the Utilities Contracts Regulations 2006.
2
In these Regulations (including provisions of the Directive incorporated by reference), references to the Annex to the Directive are to be construed as references to that Annex as amended from time to time.
Scope of the Regulations
3
1
Subject to paragraphs (2) to (6), these Regulations apply to contracts for the purchase or leasing of road transport vehicles by contracting authorities, utilities or operators.
2
These Regulations do not apply to contracts for the purchase or leasing of road transport vehicles referred to in Article 2(3) of Directive 2007/46/EC of the European Parliament and of the Council of 5 th September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles , provided that those vehicles are not subject to type approval requirements.
3
These Regulations do not apply to any contract unless —
a
the Public Contracts Regulations 2006 apply in respect of that contract;
b
the Utilities Contracts Regulations 2006 apply in respect of that contract; or
c
that contract is to be entered into by an operator and the condition specified in paragraph (4) is satisfied.
4
That condition is that —
a
if that operator were a contracting authority, that contract would not be excluded from the application of the Public Contracts Regulations 2006 by regulation 8 (thresholds) of those regulations (whether or not it would also be so excluded for any other reason); and
b
if that operator were a utility, that contract would not be excluded from the application of the Utilities Contracts Regulations 2006 by regulation 11 (thresholds) of those regulations (whether or not it would also be so excluded for any other reason).
5
These Regulations do not apply to any contract entered into pursuant to a procurement procedure which began before 31st July 2011.
6
For the purposes of paragraph (5), a procurement procedure began before 31st July 2011 if before that date and for the purposes of that procedure the contracting authority, utility or operator carrying out the procedure —
a
sent a contract notice to the Official Journal in accordance with the Public Contracts Regulations 2006 or the Utilities Contracts Regulations 2006 in order to invite —
i
offers; or
ii
requests to be selected to tender or to negotiate;
b
published any form of advertisement seeking offers or expressions of interest; or
c
contacted any economic operator in order to seek offers or expressions of interest.
Purchase and leasing of clean and energy-efficient road transport vehicles
4
1
Any contracting authority, utility or operator when purchasing or leasing road transport vehicles must take into account the operational lifetime energy and environmental impacts referred to in paragraph (2) in respect of the vehicles to be purchased or leased.
2
Those operational lifetime energy and environmental impacts are —
a
energy consumption;
b
carbon dioxide emissions; and
c
emissions of —
i
oxides of nitrogen;
ii
non-methane hydrocarbons; and
iii
particulate matter.
3
Such contracting authorities, utilities and operators may also take into account other relevant environmental impacts.
4
In satisfying the requirement of paragraph (1) a contracting authority, utility or operator must apply at least one of the options set out in paragraphs (5) and (6).
5
Technical specifications may be set out in the contract documents for the purchase or leasing of road transport vehicles in respect of the impacts listed in paragraph (2) together with any other environmental impacts being considered under paragraph (3).
6
The impacts referred to in paragraph (5) (“the energy and environmental impacts”) may be taken account of in the purchasing or leasing decision.
7
Where a contracting authority, utility or operator applies the option set out in paragraph (6) and —
a
a procurement procedure is employed, that contracting authority, utility or operator must use the energy and environmental impacts as award criteria;
b
operational lifetime costs are attributed to the energy and environmental impacts, that contracting authority, utility or operator must comply with regulation 5.
Methodology for the calculation of operational lifetime costs
5
Where regulation 4(7)(b) applies, the operational lifetime costs for —
a
energy consumption; and
b
carbon dioxide emissions and pollutant emissions set out in Table 2 in the Annex to the Directive,
are to be calculated using the methodology set out in Article 6 of the Directive.
Enforcement of duties
6
1
The obligation of a contracting authority, utility or operator to comply with these Regulations is a duty owed to an economic operator.
2
Subject to paragraph (4), Part 9 of the Public Contracts Regulations 2006 has effect as if any reference in that Part to —
a
the duty owed in accordance with regulation 47A of those Regulations included reference to the duty owed in accordance with paragraph (1);
b
a contracting authority included reference to an operator;
c
an economic operator included any person who is an economic operator for the purposes of these Regulations.
3
Part 9 of the Utilities Contracts Regulations 2006 has effect as if any reference in that Part to the duty owed in accordance with regulation 45A of those Regulations included reference to the duty owed in accordance with paragraph (1).
4
Where Part 9 of the Public Contracts Regulations 2006 has effect in relation to an operator by virtue of paragraph (2)(b) —
a
the operator does not owe any duty under that Part to a person who is not a national of and established in a relevant State;
b
in proceedings against an operator under that Part the Court may not make a declaration of ineffectiveness, an order imposing a civil financial penalty or an order shortening the duration of a contract;
c
the operator is not required to refrain from entering into any contract by reason of any proceedings having been started under that Part.
P. Hammond
Secretary of State for Transport
Department for Transport
30th June 2011


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Motor Vehicles (Insurance Requirements) Regulations 2011 and shall come into force on 4th February 2011.
2
In these Regulations —
“the 1988 Act” means the Road Traffic Act 1988;
“the 2002 Regulations ” means the Road Vehicles (Registration and Licensing) Regulations 2002 ; and
“certificate of destruction” has the same meaning as that expression has in the End-of-Life Vehicles Regulations 2003 .
Exceptions to the offence under section 144A
2
For the purposes of section 144B(4)(b) of the 1988 Act (the third condition) —
a
where the vehicle has been sold or transferred by the registered keeper (other than for the purpose of being destroyed or sent permanently out of Great Britain) the registered keeper of the vehicle must, by the relevant time and in relation to that vehicle, have furnished the information and documents and made the declarations in accordance with regulation 22(2)(b), 23(2) or 24(5) (as the case may be) of the 2002 Regulations;
b
where the vehicle has been sold or transferred by the registered keeper for the purpose of its destruction, the registered keeper must, by the relevant time and in relation to that vehicle, have —
i
furnished the information and documents, and made the declarations in accordance with regulation 23(2) or 24(5) (as the case may be) of the 2002 Regulations; or
ii
been given a certificate of destruction; and
c
where the vehicle has been sent permanently out of Great Britain, the registered keeper of the vehicle must, by the relevant time and in relation to that vehicle, have notified the Secretary of State in accordance with regulation 17 of the 2002 Regulations.
3
For the purposes of section 144B(5)(c) of the 1988 Act (the fourth condition), the registered keeper of the vehicle must, by the relevant time and in relation to that vehicle, have delivered the required particulars, and made the required declaration, in accordance with paragraph 5(3) of Schedule 4 to the 2002 Regulations.
4
For the purposes of section 144B(6)(c) of the 1988 Act (the fifth condition), the registered keeper of the vehicle must, by the relevant time and in relation to that vehicle, have given notification in accordance with regulation 26A(3) of the 2002 Regulations.
Further exception to the offence under section 144A
5
In section 144B of the 1988 Act (exceptions to the section 144A offence), after subsection (6), insert —
6A
The sixth condition is that —
a
the registered keeper is at the relevant time the person keeping the vehicle,
b
neither a licence nor a nil licence under the Vehicle Excise and Registration Act 1994 was in force for the vehicle on 31 st January 1998,
c
neither a licence nor a nil licence has been taken out for the vehicle for a period starting after that date, and
d
the vehicle has not been used or kept on a public road after that date.
.
Lesser amount of fixed penalty
6
1
A fixed penalty payable under section 144C of the 1988 Act shall be treated as having been paid if the amount of £50 is paid before the end of the period of 21 days following the date of the notice given under that section.
2
A fixed penalty notice under section 144C of the 1988 Act shall state that the fixed penalty payable under that section shall be treated as having been paid if the amount of £50 is paid before the end of the period of 21 days following the date of that notice.
Disclosure of information
7
MIIC shall make available to the Secretary of State, for the purpose of the Secretary of State’s functions in connection with the enforcement of an offence under Part 6 of the 1988 Act, the information referred to in regulation 4(a), (b) and (c) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 or so much of that information as is required by the Secretary of State for that purpose.
Signed by authority of the Secretary of State
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
10th January 2011