text:
Title, extent and commencement
1
These Regulations —
a
may be cited as the Water Resources Act 1991 (Amendment) (England and Wales) Regulations 2009;
b
extend to England and Wales only; and
c
come into force on 22nd December 2009.
Amendment of the Water Resources Act 1991
2
The Water Resources Act 1991 is amended as follows.
3
1
Section 93 (water protection zones) is amended as follows.
2
For subsection (1) substitute —
1
Where the appropriate national authority considers that either or both of subsections (2) and (2A) is satisfied in relation to any area, it may by order make provision —
a
designating that area as a water protection zone; and
b
regulating the carrying on in that zone of such activities as may be specified or described in the order.
.
3
After subsection (1) insert —
1A
An order under this section may regulate activities carried on in a water protection zone by —
a
prohibiting or restricting the carrying on of those activities in the zone; or
b
imposing requirements on persons who carry on those activities in the zone to take such steps as may be specified or described in the order.
1B
The power under subsection (1A)(b) is exercisable only for the purpose of enabling the United Kingdom to comply with its obligations under the Water Framework Directive in relation to any applicable environmental objectives.
.
4
In subsection (2) —
a
the words “(subject to subsection (3) below)” are repealed; and
b
for “Secretary of State” substitute “appropriate national authority”.
5
After subsection (2), insert —
2A
For the purposes of subsection (1) this subsection is satisfied in relation to any area if it is appropriate, with a view to preventing or limiting any harm that is being or is likely to be caused to controlled waters, to regulate the carrying on in that area of activities which the appropriate national authority considers are likely to result in such harm.
2B
In subsection (2A) “harm” means any adverse impact on the condition of any hydromorphological quality element affecting the controlled waters that would be likely to prevent the achievement of any environmental objectives applicable to those waters (whether by itself or in combination with other factors), other than an adverse impact caused by the entry into controlled waters of any poisonous, noxious or polluting matter.
2C
In subsection (2B) “environmental objectives” and “hydromorphological quality element” have the same meaning as in the Water Framework Directive.
.
6
Subsection (3) is repealed.
7
For paragraph (a) of subsection (4) substitute —
a
confer power on the Agency to determine for the purposes of the order —
i
the circumstances in which the carrying on of any activities is prohibited or restricted;
ii
the circumstances in which any requirement to take steps is imposed on persons who carry on activities;
iii
the activities to which any such prohibition or restriction or any such requirement (as the case may be) applies.
.
8
For paragraph (c) substitute —
c
provide that a contravention of a prohibition or restriction contained in the order or of a condition of a consent given for the purposes of any such prohibition or restriction or a failure to comply with a requirement to take steps contained in the order shall be an offence;
.
9
In paragraph (f) of subsection (4), for “Secretary of State” substitute “appropriate national authority”.
10
After subsection (4) insert —
4A
The maximum penalties for an offence created by subsection 4(c) shall not exceed —
a
on summary conviction, a term of imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum (or both); and
b
on conviction on indictment, imprisonment for a term not exceeding two years or a fine (or both).
.
11
For subsection (5), substitute —
5
In this section, “appropriate national authority” means —
a
in relation to England, the Secretary of State; and
b
in relation to Wales, the Welsh Ministers.
6
The power to make an order under this section shall be exercisable by statutory instrument subject —
a
in the case of an order made by the Secretary of State, to annulment in pursuance of a resolution of either House of Parliament; and
b
in the case of an order made by the Welsh Ministers, to annulment in pursuance of a resolution of the National Assembly for Wales,
but neither the Secretary of State nor the Welsh Ministers shall make such an order except on an application made by the Agency in accordance with Schedule 11 to this Act and otherwise in accordance with that Schedule.
7
In this section —
“England” includes the territorial sea adjacent to England not forming any part of Wales and “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006;
“the Water Framework Directive” means Directive 2000/60/ EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy .
.
4
Sections 94 and 95, subsection (2) of section 96 and Schedule 12 are repealed.
5
For sections 161 and 161A substitute —
Restoration and improvement works for controlled waters
Anti-pollution works and operations
161
1
This section applies where it appears to the Agency that any poisonous, noxious or polluting matter or any waste matter is or has been present in, or is likely to enter, any controlled waters.
2
In a case where the matter appears to be or to have been present in the controlled waters, the Agency shall be entitled to carry out works and operations for any of the following purposes —
a
removing or disposing of the matter;
b
remedying or mitigating any pollution caused by its presence in the waters; or
c
restoring (so far as it is reasonably practicable to do so) the waters, including any flora and fauna dependent on the aquatic environment of the waters, to their state immediately before the matter became present in the waters.
3
In a case where the matter appears to be likely to enter the controlled waters, the Agency shall be entitled to carry out works and operations for the purpose of preventing it from doing so.
4
The Agency shall be entitled to carry out investigations for the purpose of establishing any of the following —
a
the nature of the matter,
b
the source of the matter;
c
the nature and effects of any pollution caused or likely to be caused by the presence of the matter; and
d
the identity of any responsible persons.
5
Without prejudice to the power of the Agency to carry out those investigations, the powers conferred by subsection (2) or (3) shall only be exercisable in a case where —
a
the Agency considers it necessary to carry out forthwith any works or operations falling within that subsection; or
b
it appears to the Agency, after reasonable enquiry, that no responsible person can be found on whom to serve a works notice.
6
In this section “responsible person” means a person who has caused or knowingly permitted the matter —
a
to be present in the controlled waters; or
b
to be at a place from which it was likely, in the opinion of the Agency, to enter the controlled waters.
Other works and operations in respect of harm to controlled waters
161ZA
1
This section applies where it appears to the Agency that any controlled waters are being or have been harmed, or are likely to be harmed, by any event, process or other source of potential harm (and it is immaterial whether the source of potential harm has been identified).
2
In this section “harm” means any adverse impact on the condition of any hydromorphological quality element affecting the controlled waters that would be likely to prevent the achievement of the environmental objectives applicable to the controlled waters (whether by itself or in combination with other factors), other than an adverse impact caused by the entry into or presence in those waters of any poisonous, noxious or polluting matter or waste matter.
3
In subsection (2) “environmental objectives” and “hydromorphological quality element” have the same meaning as in the Water Framework Directive.
4
The Agency shall be entitled to carry out works and operations for any of the following purposes (so far as it is reasonably practicable to achieve them) —
a
removing the source of potential harm;
b
preventing any harm or further harm being caused to the controlled waters;
c
in a case where the controlled waters are being or have been harmed —
i
remedying or mitigating the effects of the harm;
ii
restoring the waters, including any flora and fauna dependent on the aquatic environment of the waters, to their state immediately before any harm was caused.
5
The Agency shall be entitled to carry out investigations for the purpose of establishing any of the following —
a
the source of any harm or potential harm to the controlled waters;
b
the nature and effects of any harm caused or likely to be caused to those waters; and
c
the identity of any responsible persons.
6
Without prejudice to the power of the Agency to carry out those investigations, the powers conferred by subsection (4) shall only be exercisable in a case where —
a
the Agency considers it necessary to carry out forthwith any works or operations falling within that subsection; or
b
it appears to the Agency, after reasonable enquiry, that no responsible person can be found on whom to serve a works notice.
7
In this section “responsible person” means a person who has caused or knowingly permitted —
a
any harm to be caused to the controlled waters; or
b
a source of potential harm to exist that is likely, in the opinion of the Agency, to cause harm to the controlled waters.
Works and operations for improving controlled waters
161ZB
1
This section applies where it appears to the Agency that —
a
the condition of any hydromorphological quality element affecting any controlled waters is unsatisfactory; and
b
it is possible to improve the hydromorphological quality element by carrying out works or operations.
2
For the purposes of this section the condition of a hydromorphological quality element affecting the controlled waters is unsatisfactory if (whether by itself or in combination with other factors) if it is likely to prevent the waters from achieving the applicable environmental objectives.
3
In this section “environmental objectives” and “hydromorphological quality element” have the same meaning as in the Water Framework Directive.
4
The Agency shall be entitled to carry out works and operations for the purpose of improving the condition of the hydromorphological quality element in question with a view to achieving (or contributing to the achievement of) the applicable environmental objectives.
5
The Agency shall be entitled to carry out investigations for the purpose of establishing why the condition of the hydromorphological quality element in question is unsatisfactory.
6
Without prejudice to the power of the Agency to carry out those investigations, the powers conferred by subsection (4) shall only be exercisable if it appears to the Agency that it is unable to secure that the necessary works or operations are carried out by exercising its powers under section 161 or 161ZA or by serving a works notice on any responsible person.
Sections 161 to 161ZB: supplementary
161ZC
1
Nothing in sections 161 to 161ZB shall entitle the Agency to impede or prevent the making of any discharge in pursuance of a consent given under Chapter 2 of Part 3 of this Act.
2
Where the Agency carries out any works, operations or investigations under any of the powers conferred by section 161 or 161ZA it shall, subject to subsection (3), be entitled to recover the expenses reasonably incurred in doing so from any responsible person (within the meaning of the section conferring the powers in question).
3
No expenses are recoverable from a person for any works, operations or investigations in respect of water from an abandoned mine or an abandoned part of a mine which that person permitted to enter any controlled waters or to reach a place from which it was likely, in the opinion of the Agency, to enter any controlled waters.
4
Subsection (3) does not apply to the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999.
5
Subsections (3B) and (3C) of section 89 apply in relation to subsections (3) and (4) as they apply in relation to subsections (3) and (4A) of that section.
6
Nothing in sections 161, 161ZA and 161ZB —
a
derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under any of those sections; or
b
affects any restriction imposed by or under any other enactment, whether public local or private.
7
In this section —
“expenses” includes costs;
“mine” has the same meaning as in the Mines and Quarries Act 1954;
“works notice” means a notice under section 161A.
8
In sections 161, 161ZA and 161ZB and this section “controlled waters” has the same meaning as in Part 3 of this Act and in sections 161ZA and 161ZB, and “Water Framework Directive” has the same meaning as in section 93(7) of this Act.
Notices requiring persons to carry out works and operations
161A
1
Where it appears to the Agency that —
a
any poisonous, noxious or polluting matter or any waste matter is or has been present in, or is likely to enter, any controlled waters (so that section 161 applies), or
b
any controlled waters are being or have been harmed, or are likely to be harmed, by any event, process or other source of potential harm (so that section 161ZA applies),
the Agency shall be entitled to serve a works notice on any responsible person.
2
In this section “responsible person” has the same meaning as in section 161 or 161ZA) (as the case may be).
3
For the purposes of this section a works notice is a notice requiring the person on whom it is served to carry out such works or operations as may be specified in the notice.
4
The works or operations that may be so specified are works or operations which may be carried out under section 161(2) or (3) or section 161ZA(4) (as the case may be).
5
Where the Agency has carried out any such investigations as are mentioned in sections 161(4) or 161ZA(5) and serves a works notice on a responsible person in connection with the matters to which the investigations relate it shall (unless the notice is quashed or withdrawn) be entitled to recover from that person the costs or expenses reasonably incurred in carrying out those investigations.
6
The appropriate national authority may, if it thinks fit in relation to any person, give directions to the Agency as to whether or how it should exercise its powers under this section or section 161AA.
7
In this section and sections 161AA and 161AB “controlled waters” has the same meaning as in Part 3 of this Act.
Works notices: form etc
161AA
1
A works notice —
a
must specify the periods within which the person on whom it is served is required to do each of the things specified in the notice; and
b
is without prejudice to the powers of the Agency to carry out any works or operations under section 161(5)(a) or 161ZA(6)(a).
2
Before serving a works notice on any person, the Agency shall reasonably endeavour to consult that person concerning the works or operations which are to be specified in the notice.
3
The appropriate national authority may by regulations make provision for or in connection with —
a
the form or content of works notices;
b
requirements for consultation, before the service of a works notice, with persons other than the person on whom that notice is to be served;
c
steps to be taken for the purposes of any consultation required under subsection (2) or regulations made by virtue of paragraph (b); or
d
any other steps of a procedural nature which are to be taken in connection with or in consequence of the service of a works notice.
4
A works notice shall not be regarded as invalid or as invalidly served by reason only of a failure to comply with the requirements of subsection (2) or of regulations made by virtue of paragraph (b) of subsection (3).
5
In this section and section 161A, “appropriate national authority” means —
a
in relation to England, the Secretary of State; and
b
in relation to Wales, the Welsh Ministers.
6
The power to make regulations under this section shall be exercisable by statutory instrument subject —
a
in the case of regulations made by the Secretary of State, to annulment in pursuance of a resolution of either House of Parliament; and
b
in the case of regulations made by the Welsh Ministers, to annulment in pursuance of a resolution of the National Assembly for Wales.
7
In this section, —
a
paragraph (1) of section 219 does not apply; and
b
in paragraph (2) of that section, references to “the Ministers” or the “the Secretary of State” shall be taken to be references to the appropriate national authority.
Works notices: exceptions etc
161AB
1
Nothing in section 161A shall entitle the Agency to require the carrying out of any works or operations which would impede or prevent the making of any discharge in pursuance of a consent given under Chapter 2 of Part 3 of this Act.
2
No works notice shall be served on any person requiring him to carry out any works or operations in respect of water from an abandoned mine or an abandoned part of a mine which that person permitted to enter any controlled waters or to reach a place from which it was likely, in the opinion of the Agency, to enter any controlled waters.
3
Subsection (2) does not apply to the service of a notice on the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999.
4
Subsections (3B) and (3C) of section 89 apply in relation to subsections (2) and (3) as they apply in relation to subsections (3) and (4A) of that section.
5
In this section “mine” has the same meaning as in the Mines and Quarries Act 1954.
Amendment of the Anti-Pollution Works Regulations 1999
6
1
Regulation 2 of the Anti-Pollution Works Regulations 1999 is amended as follows.
2
For paragraphs (a) and (b), substitute —
a
in the case of —
i
a potential pollution incident, describe the nature of the risk to controlled waters, identifying the controlled waters which may be affected and the place from which the matter in question is likely to enter those waters, and
ii
harm which is likely to be caused to controlled waters, describe the nature of the risk to controlled waters which may be affected and the event, process or other source which is likely to cause that harm;
b
in the case of–
i
an actual pollution incident, describe the nature and extent of the pollution, identifying the controlled waters affected by it, and
ii
actual harm which is caused to controlled waters, describe the nature and extent of the harm,
in each case identifying the controlled waters which have been affected by the pollution incident or harm;
3
In paragraph (f), for “section 161” substitute “sections 161(4) and 161ZA(5)”.
Transfer of Functions
7
Nothing in the amendments and repeals made by these Regulations in sections 93, 94, 95, 96, 161 and 161A of the Water Resources Act 1991 affects functions under any other provision of that Act that have been transferred by or under the Government of Wales Act 1998 or the Government of Wales Act 2006 .
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
23rd November 2009
Jane Davidson
Minister for Environment, Sustainability and Housing, one of the Welsh Ministers
25th November 2009


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
The Regulations may be cited as the Education (Outturn Statements) (England) Regulations 2009 and come into force on 24th July 2009.
2
These Regulations apply only in relation to England and only in relation to outturn statements prepared for the period prescribed in regulation 4.
Interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2000 Act ” means the Learning and Skills Act 2000 ;
“the 2002 Act ” means the Education Act 2002 ;
“the 2008 Regulations ” means the School Finance (England) Regulations 2008 ;
“the 2008 Outturn Regulations ” means the Education (Outturn Statements) (England) Regulations 2008 ;
“the Budget Statements Regulations ” means the Education (Budget Statements) (England) Regulations 2008 ;
a reference to “adult and community learning” is a reference to part-time education (including vocational, social, physical, recreational training and organised leisure-time occupation) provided by a LEA to persons of any age living or working in their area which is not primary education, secondary education, FE or HE ;
an “Adult Education Programme” is a programme delivering adult and community learning;
“ AEF ” means aggregate external finance, which is central government revenue funding for LEAs comprising Revenue Support Grant, National Non-Domestic rates and certain specific grants;
“budget statement” means the statement referred to in section 52(1) of the 1998 Act;
“capital expenditure” means expenditure of a local authority which falls to be capitalised in accordance with proper practices, or expenditure which must be treated as capital expenditure by virtue of any regulations or directions made under section 16(2) of the Local Government Act 2003 ;
“central expenditure” means the total amount deducted by a LEA from their schools budget;
“ CERA ” means capital expenditure which a LEA expect to charge to a revenue account of the LEA as defined in section 22 of the Local Government Act 2003;
a reference to “community focussed extended school costs” is a reference to any costs incurred by a governing body in providing, or arranging for the provision of, services or facilities under section 27 of the 2002 Act;
a reference to “community focussed extended school facilities income” is a reference to any income of a governing body derived from charging for the provision of services or facilities under section 27 of the 2002 Act;
a reference to “community focussed extended school funding and/or grants” is a reference to any income of a governing body derived from the School Standards Grant, LSC grants or funding devolved by a LEA where the grant terms provide that monies must be spent, or the purpose of devolving such funds is, to enable the governing body to provide services or facilities under section 27 of the 2002 Act;
a reference to “community focussed extended school staff” is a reference to staff employed by, or under contract to, a governing body for the purpose of either —
providing services or facilities under section 27 of the 2002 Act, or
delivering an Adult Education Programme where the governing body manages the delivery of such a programme on behalf of the LEA;
a reference to “community focussed extended school revenue balance” is a reference to any funds paid to a governing body from any source for the purpose of providing, or arranging for the provision of, services under section 27 of the 2002 Act which remain unspent;
a reference to “community services” is a reference to the income of a governing body derived from the letting of school premises to persons providing social or leisure activities for the benefit of those who live or work in the locality of the school;
the “Dedicated Schools Grant” refers to the grant of that name paid to a LEA by the Secretary of State under section 14 of the 2002 Act;
“delegated funding” means funding which a LEA allocates to schools as their budget shares for funding period 1 under section 49 of the 1998 Act ;
“devolved funding” means funding which a LEA allocates to schools from their schools budget which does not form part of the schools’ budget shares;
“discretionary award” means an award which a LEA may bestow on persons ordinarily resident in their area in connection with attendance at education or training courses or for the purposes of conducting research under the provisions of section 2 of the Education Act 1962 ;
“Education Maintenance Allowance” means financial assistance under section 14 of the 2002 Act paid to or in respect of a person who is over compulsory school age in connection with their undertaking any course of education or training ;
“Education Welfare Service” is a LEA service for the purpose of reducing levels of unauthorised absence from schools ;
“FE” means further education ;
“funding period 1” is the financial year beginning on 1st April 2008;
“governing body” means the governing body of a maintained school;
a reference to “government grants inside AEF” is a reference to the following: the Performance Standards Fund Grant; the Standards Fund – School Standards Grant (including personalisation); and the Standards Fund – Other Grant;
a reference to “government grants outside AEF” is a reference to the following: Education Maintenance Allowances; payments by the Higher Education Funding Council ; LSC Adult and Community Learning Education; LSC Sixth Forms Grant; LSC Further Education Grant; and mandatory awards;
“HE” means higher education ;
“ ICT ” means information and communication technology;
“ ISB ” means the individual schools budget;
“LEA” means local education authority;
“LSC” means the Learning and Skills Council for England ;
“the LSC Adult and Community Learning Education Grant” is the sum of money paid under a grant of that name to a LEA by the LSC under section 7 of the 2000 Act;
“the LSC Further Education Grant” is the sum of money paid under a grant of that name to a LEA by the LSC under section 7 of the 2000 Act;
the “LSC Sixth Forms Grant” is the sum of money paid under a grant of that name to a LEA by the LSC under section 7 of the 2000 Act;
“mandatory award” means an award which a LEA have an obligation under section 1(1) of the Education Act 1962 , to bestow upon persons ordinarily resident in their area in respect of attendance at designated courses;
“maintained school” means a community, foundation or voluntary school, a community or foundation special school, or a maintained nursery school ;
a reference to “music service” is a reference to expenditure by a LEA on the provision of music tuition and other activities which enable school pupils to enhance their knowledge and appreciation of music;
“nursery school” has the meaning given to this expression in section 6(1) of the 1996 Act ;
“outturn statement” means the statement referred to in section 52(2) of the 1998 Act;
a reference to the “Performance Standards Fund Grant” is a reference to the grant of that name paid to a LEA by the Secretary of State under section 14 of the 2002 Act;
“ PRC ” means premature retirement costs;
“positive activities”, in relation to young people, means educational leisure-time activities and recreational leisure-time activities provided for the improvement of the well-being of persons aged 13 to 19 and certain persons aged 20 to 24 by or with the assistance of a LEA under section 507B of the 1996 Act;
a reference to “pupil focussed extended school funding and/or grants” is a reference to funds paid to a governing body for the purpose of providing, or arranging for the provision of, services or facilities under section 27of the 2002 Act to pupils registered at the school;
a reference to “pupil support” is a reference to expenditure on a LEA’s functions under section 510 and 514 of the 1996 Act (provision of administration of clothing grants and boarding grants) and pursuant to regulations made under section 518(1)(a) of that Act ;
“primary school” has the meaning given to this expression in section 5(1) of the 1996 Act ;
“school” means a maintained school;
the “School Standards Grant (pupil focussed)” refers to the grant of that name paid to a LEA by the Secretary of State under section 14 of the 2002 Act;
“secondary school” has the meaning given to this expression in section 5(2) of the 1996 Act;
“special educational needs” (“ SEN ”) and “special educational provision” have the meanings given to those expressions in section 312 of the 1996 Act ;
“special school” has the meaning given to this expression in section 6(2) of the 1996 Act ;
references to “Standards Fund – School Standards Grant (including personalisation)” and to “Standards Fund – Other” are references to the grants of those names paid to a LEA or a governing body by the Secretary of State under section 14 of the 2002 Act ;
a reference to “Standards Fund - non-devolved” is a reference to money paid to a LEA under the Standards Fund Grant which has not been devolved to schools or spent by the LEA on any class or description of expenditure prescribed for the purposes of section 45A(2) of the 1998 Act ;
a reference to “student support” is a reference to expenditure incurred by a LEA on assessment of eligibility for, and administration of, mandatory awards, discretionary awards and other allowances and grants paid to FE and HE students ;
a reference to “teacher development” is a reference to expenditure on Teacher and Curriculum Centres, and on the employment of staff to train teachers at those centres;
a reference to “visual and performing arts” is a reference to expenditure on activities which enable school pupils to enhance their knowledge and appreciation of visual and performing arts, other than music; and
“youth work” means a service provided by or with the assistance of a LEA under section 15B , 507A or 507B of the 1996 Act or section 68 of the Education and Skills Act 2008 .
2
In these Regulations, unless the context otherwise requires, references to primary or secondary schools do not include special schools.
Revocation and saving
3
The 2008 Outturn Regulations are revoked, but continue to apply in relation to the preparation of outturn statements for the financial year beginning on 1st April 2007.
Period to which an outturn statement must relate
4
For the purposes of section 52(2) of the 1998 Act, the period prescribed in accordance with section 52(2B) is funding period 1.
Prescribed form of, and information to be contained in, outturn statements
5
1
For the purposes of section 52(3)(a) of the 1998 Act, an outturn statement must be prepared in two parts and contain the following information prescribed for the purposes of section 52(2).
2
Part 1 must be in the form prescribed in Schedule 1 and contain the information specified in that Schedule with respect to —
a
a LEA’s planned expenditure from their schools budget as specified in the budget statement prepared by the LEA in respect of funding period 1,
b
expenditure incurred by schools,
c
expenditure incurred by the LEA, or treated as having been incurred by the LEA, from their schools budget, including funds delegated or devolved to schools, and funds expended on schools and Academies directly by the LEA from central expenditure,
d
any other resources allocated to schools by the LEA,
e
other accountable resources held and expended by schools; and
f
expenditure on youth work by the LEA
during funding period 1.
3
Part 2 must be in the form prescribed in Schedule 2 and contain the information specified in that Schedule in relation to each school maintained by them with respect to —
a
the school’s planned budget share, as specified in the budget statement prepared by the LEA in respect of funding period 1,
b
expenditure incurred by the LEA, or treated as having been incurred by the LEA, in respect of that school,
c
any other resources allocated by the LEA to that school; and
d
other accountable resources held and expended by that school
during funding period 1.
Prescribed manner and time of publication of outturn statements
6
1
For the purposes of section 52(3)(b) of the 1998 Act, a LEA must publish the outturn statement by —
a
supplying a copy to the Secretary of State for Children, Schools and Families; and
b
making a copy available for inspection at all times free of charge —
i
at each principal office of the LEA; and
ii
on a website maintained by the LEA and accessible to the public.
2
A LEA must publish their outturn statement before 25 August 2009.
3
A LEA must revise their outturn statement where they discover any errors in that statement.
4
Where a LEA revise their outturn statement, the revised statement must be in the form prescribed by regulation 5 and must be published in accordance with the requirements of paragraph (1).
Vernon Coaker
Minister of State
Department for Children, Schools and Families
26th June 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Medical Profession (Miscellaneous Amendments) Order 2008 (Commencement No. 2) Order 2009.
2
In this Order, “ the Order ” means the Medical Profession (Miscellaneous Amendments) Order 2008.
Appointed day
2
9th September 2009 is the day appointed for the coming into force of the following provisions of the Order —
a
the following paragraphs of Part 2 of Schedule 1 to the Order —
i
paragraph 11;
ii
paragraph 15;
iii
paragraph 16(2) in so far as it substitutes sub-section (2)(a) into section 29J of, and inserts sub-section 29J(2A) into, the Medical Act 1983 ;
iv
paragraph 16(3);
v
paragraph 16(1) in so far as it relates to the provisions mentioned in sub-paragraphs (iii) and (iv); and
b
article 3(2) in so far as it relates to the provisions of the Order mentioned in paragraph (a) of this article.
Meriel McCullagh
Deputy Clerk of the Privy Council


text:
Citation and commencement
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 3) 2009 and shall come into force on 23rd March 2009.
2
These Regulations shall have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 23rd March 2009;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer traded securities which are not conditional, in relation to agreements made on or after 23rd March 2009;
ii
in the case of agreements to transfer traded securities which are conditional, in relation to agreements where the condition is satisfied on or after that date.
Interpretation
2
1
In these Regulations —
“clearing participant” means a member of EuroCCP who as such is permitted by the Rules of EuroCCP to clear transactions made on the Facility for a traded security and who may or may not also be a participant in the Facility;
“client” means a person who gives instructions to a non-clearing firm for traded securities to be sold on the Facility;
“EuroCCP” means European Central Counterparty Limited, a company which is a recognised clearing house under the Financial Services and Markets Act 2000 ;
“NYSE Arca Europe” or “the Facility” means the multilateral trading facility operated by Euronext Amsterdam NV, a market operator which is permitted to operate a trading facility pursuant to the Directive ;
“nominee” means a person whose business is or includes holding traded securities as a nominee for EuroCCP acting in its capacity as a person providing clearing services in connection with a transaction made on the Facility, or as a nominee for a clearing participant (as the case may be);
“non-clearing firm” means a participant in the Facility other than a clearing participant;
“traded securities” means stocks and shares which are issued or raised by a body corporate but does not include stocks and shares issued by a body corporate not incorporated in the United Kingdom unless —
the stocks and shares are registered in a register kept in the United Kingdom by or on behalf of the body corporate; or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a body corporate incorporated in the United Kingdom.
Prescription of recognised investment exchanges and recognised clearing houses
3
For the purpose of sections 116 and 117 of the Finance Act 1991 —
a
NYSE Arca Europe is prescribed as a recognised investment exchange; and
b
EuroCCP is prescribed as a recognised clearing house.
Prescribed circumstances for the purposes of sections 116 and 117
4
1
In the circumstances prescribed in this regulation, a charge to stamp duty and the charge to stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a transaction made on the Facility conditions A and B are met.
3
Condition A is that traded securities of a particular kind are transferred, or agreed to be transferred, from —
a
a clearing participant or a nominee of a clearing participant to another clearing participant or nominee,
b
a non-clearing firm or its client (or a nominee of a non-clearing firm or of a client of a non-clearing firm) to a clearing participant or a nominee of a clearing participant,
c
a clearing participant or a nominee of a clearing participant to EuroCCP or to a nominee of that clearing house,
d
a person other than a clearing participant to EuroCCP or to a nominee of that clearing house, as a result of a failure by a clearing participant to fulfil his obligations in respect of the transaction concerned to transfer traded securities to EuroCCP or to a nominee of that clearing house, or
e
EuroCCP or a nominee of that clearing house to a clearing participant or a nominee of a clearing participant.
4
Condition B is that the person to whom those securities are agreed to be transferred under any of the agreements specified in paragraph (3) (“the relevant agreement”) is required on receipt of those securities to transfer traded securities under a matching agreement to another person or, in the case of an agreement falling within paragraph (3)(d), would have been so required if the failure referred to in that paragraph had not occurred.
5
In paragraph (4) —
a
a “matching agreement” means an agreement under which —
i
the traded securities agreed to be transferred are of the same kind as the traded securities agreed to be transferred under the relevant agreement, and
ii
the number and transfer price of the traded securities agreed to be transferred are identical to the number and transfer price of the traded securities agreed to be transferred under the relevant agreement;
b
references to EuroCCP are references to that clearing house in its capacity as a person providing clearing services in connection with a transaction made on the Facility;
c
references to a clearing participant are references to a clearing participant in his capacity as such.
Consequential provision
5
1
Traded securities which are the subject of an agreement specified in regulation 4(3) shall be dealt with by a clearing participant who is party to the agreement in a separate designated account, and not otherwise.
2
In paragraph (1) “designated account” means an account designated by EuroCCP for a clearing participant in connection with the traded securities concerned.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
26th February 2009


text:
Citation and commencement
1
These Regulations may be cited as the Public Service Vehicles Accessibility (Amendment) Regulations 2009 and shall come into force on 3rd March 2009.
Amendment of the Public Service Vehicles Accessibility Regulations 2000
2
1
Regulation 5 of the Public Service Vehicles Accessibility Regulations 2000 is amended as follows.
2
For paragraph (2), substitute —
2
In the case of a bus which has not been issued with an accessibility certificate pursuant to paragraph (1), the requirements of these Regulations specified in Schedule 1, or Schedule 2 (but not paragraph 8 of Schedule 2), shall not apply if the bus satisfies —
a
the requirements of —
i
such of Annexes I to VI and VIII and IX to the 2001 Directive as apply to it; and
ii
Annex VII to the 2001 Directive; or
b
the requirements of —
i
such of Annexes 3 to 7 and 9 to ECE Regulation 107.01 or 107.02 as apply to it; and
ii
Annex 8 to ECE Regulation 107.01 or 107.02,
and in such a case the vehicle examiner may issue an accessibility certificate in respect of the bus as though the bus had complied with those requirements of these Regulations.
.
3
For paragraph (3), substitute —
3
The requirements of these Regulations specified in Schedule 1, or Schedule 3 (but not paragraph 7 of Schedule 3), shall not apply to a coach which satisfies —
a
the requirements of —
i
such of Annexes I to VI and VIII and IX to the 2001 Directive as apply to it; and
ii
Annex VII to the 2001 Directive; or
b
the requirements of —
i
such of Annexes 3 to 7 and 9 to ECE Regulation 107.01 or 107.02 as apply to it; and
ii
Annex 8 to ECE Regulation 107.01 or 107.02,
and in such a case the vehicle examiner may issue an accessibility certificate in respect of the coach as though the coach had complied with those requirements of these Regulations.
.
4
In paragraph (4), after “2001 Directive” insert “or the requirements of ECE Regulation 107.01 or 107.02”.
5
In paragraph (5), after sub-paragraph (c) add —
d
“ECE Regulation 107” means ECE Regulation No. 107 containing uniform provisions concerning the approval of category M2 or M3 vehicles with regard to their general construction which came into force on 18th June 1998 as an annex to the UN ECE Agreement;
e
“ECE Regulation 107.01” means ECE Regulation No. 107 as amended by the 01 series of amendments on 12th August 2004;
f
“ECE Regulation 107.02” means ECE Regulation No. 107 as amended by the 02 series of amendments on 10th November 2007; and
g
“the UNECE Agreement” means the Agreement of the United Nations Economic Commission for Europe concluded on 20th March 1958 as amended concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions, to which the United Kingdom is a party by virtue of an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963.
.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
29th January 2009


text:
1
This Order may be cited as the Armed Forces, Army, Air Force and Naval Discipline Acts (Continuation) Order 2009.
2
The Armed Forces Act 2006, the Army Act 1955 , the Air Force Act 1955 and the Naval Discipline Act 1957 shall, instead of expiring on 8th November 2009, continue in force until 8th November 2010.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Infrastructure Planning (National Policy Statement Consultation) Regulations 2009 and shall come into force on 22nd June 2009.
Interpretation
2
In these Regulations —
“ the Act ” means the Planning Act 2008;
“AONB Conservation Boards” are established under section 86 of the Countryside and Rights of Way Act 2000 ;
“fire and rescue authority” means an authority determined as such under section 1 of the Fire and Rescue Services Act 2004 ;
“Integrated Transport Authority” has the same meaning as that given by section 77(2) of the Local Transport Act 2008 ;
“internal drainage board” is a board constituted as such under section 1 of the Land Drainage Act 1991 ;
“joint waste authority” means an authority established by an order under section 207(1) or section 210(1) of the Local Government and Public Involvement in Health Act 2007 ;
“local authorities” means —
a county council, or district council, in England;
a London borough council;
the Common Council of the City of London;
the Greater London Authority;
the Council of the Isles of Scilly;
a county council, or county borough council, in Wales;
a National Park Authority;
the Broads Authority;
a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
“local resilience forum” has the meaning given by regulation 4 of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005 ;
“ NPS ” means national policy statement;
“Passenger Transport Executive” has the same meaning as in section 9 of the Transport Act 1968 ;
“police authority” means an authority established under section 3 of the Police Act 1996 ;
“regional development agencies” means the regional development agencies established by section 1 of the Regional Development Agencies Act 1998 ;
“regional planning body” means a body recognised as such by a direction given by the Secretary of State under section 2 of the Planning and Compulsory Purchase Act 2004 ;
“relevant Northern Ireland department” in relation to an NPS, means the Northern Ireland department responsible for the matter, or as the case may be, for the matters to which the NPS relates (if more than one department is responsible, the reference is to all of them);
“statutory undertaker” has the same meaning as in section 5(10) of the Act;
“Strategic Health Authority” means a Strategic Health Authority established under, or continued in existence by, section 13 of the National Health Service Act 2006 ;
“The National Association of Local Councils” means the unincorporated association of that name which was established in 1947;
“waste authorities” means–
a waste collection authority;
a waste disposal authority; or
a joint waste authority;
“waste collection authority” means an authority mentioned in section 30(3) of the Environmental Protection Act 1990 ; and
“waste disposal authority” means an authority mentioned in section 30(2) of the Environmental Protection Act 1990 .
Consultation
3
1
This regulation prescribes, for the purposes of section 7 of the Act, the persons to be consulted by the Secretary of State under that section.
2
The persons listed in paragraph (3) of this regulation must be consulted in every case in which the Secretary of State proposes to designate a statement as a NPS or to amend a NPS.
3
The persons referred to in paragraph (2) are —
a
The Scottish Executive;
b
The Welsh Ministers;
c
The relevant Northern Ireland Department;
d
Regional planning bodies;
e
Local authorities;
f
Strategic Health Authorities;
g
The Local Government Association;
h
The Association of Chief Police Officers;
i
The Chief Fire Officers Association;
j
The Health and Safety Executive;
k
The Environment Agency;
l
Natural England ;
m
Regional development agencies;
n
The Commission for Sustainable Development;
o
The Equality and Human Rights Commission;
p
The Joint Nature Conservation Commission;
q
Waste Authorities;
r
The Joint Committee of the National Amenity Societies;
s
Transport for London;
t
The Crown Estate Commissioners;
u
The Committee on Climate Change ;
v
The National Association of Local Councils;
w
AONB Conservation Boards;
x
The National Consumer Council ;
y
The Chartered Institute of Environmental Health.
4
Where, in such a case in as described in paragraph (2), any of the circumstances described in column 2 of Table 1 also apply, the person specified in the corresponding entry in column 1 of that Table must also be consulted by the Secretary of State.
5
Where, in such a case as described in paragraph (2) —
a
the Secretary of State proposes to designate a statement, or to amend a NPS, which includes policies identifying one or more locations as suitable (or potentially suitable) for a specified description of development, and
b
any of the circumstances described in column 2 of Table 2 apply,
the person specified in the corresponding entry of column 1 of that Table must also be consulted by the Secretary of State.
6
Nothing in this regulation shall preclude consultation of such other bodies as, in any particular case, the Secretary of State may think fit.
Table 1
Column 1; Consultee Column 2; Circumstances
(1)
For the definition of “approved operators” see section 25 of the Planning Act 2008.
(2)
The Corporation of Trinity House of Deptford Strond.
(3)
See section 32 of the National Heritage Act 1983 (c. 47) .
(4)
See section 2 of the Housing and Regeneration Act 2008 (c. 17) .
The Civil Aviation Authority Where a NPS relates to airports or which is likely to affect aviation activity The Rail Passengers Council Where a NPS is likely to affect the rail passenger industry The Disabled Persons Transport Advisory Committee Where a NPS is likely to affect access for disabled people The Coal Authority Where a NPS is likely to affect past, present or potential coal mining operations The Office of Rail Regulation and approved operators Where a NPS is likely to affect railways or the rail transport industry The Gas and Electricity Markets Authority Where a NPS is likely to affect gas and electricity markets The Water Services Regulation Authority Where a NPS is likely to affect the water industry The Forestry Commission Where a NPS is likely to affect the protection or expansion of forests and woodlands The British Waterways Board Where a NPS is likely to affect inland waterways or land adjacent to inland waterways The Commission for Architecture and the Built Environment Where a NPS is likely to affect matters relevant to its objectives The Health Protection Agency Where a NPS includes policies relating to chemicals, poisons or radiation which could potentially cause harm to people Statutory undertakers Where a NPS includes policies relevant to their functions as statutory undertakers Trinity House Where a NPS includes policies likely to affect navigation in tidal waters The Royal Commission on the Ancient and Historical Monuments of Wales Where a NPS is likely to affect the historic environment in Wales The Commission for Integrated Transport Where a NPS is likely to affect transport The Countryside Council for Wales Where a NPS is likely to affect Wales The Welsh Local Government Association Where a NPS is likely to affect Wales The Historic Buildings and Monuments Commission for England Where a NPS is likely to affect historic buildings or the historic environment The Commission for Rural Communities Where a NPS is likely to affect rural communities The Homes and Communities Agency Where a NPS is likely to affect matters relevant to the Agency’s objectives The Maritime and Coastguard Agency Where a NPS is likely to affect marine or coastal environment Integrated Transport Authorities and Passenger Transport Executives Where a NPS is likely to affect transport
Table 2
Column 1; Consultee Column 2; Circumstances
The relevant police authority and any police authority sharing a boundary with that authority Where a police authority has responsibility for some or all of the area identified in a NPS The relevant fire and rescue authority and any fire and rescue authority sharing a boundary with that authority Where a fire and rescue authority has responsibility for some or all of the area identified in an NPS The relevant internal drainage board Where an internal drainage board has responsibility for some or all of the area identified in a NPS The relevant local resilience forum Where a local resilience forum has responsibility for some or all of the area identified in a NPS
Signed by authority of the Secretary of State
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
21st May 2009


text:
Title and commencement
1
These Regulations may be cited as the Materials and Articles in Contact with Food (England) (Amendment) Regulations 2009 and come into force on 19th December 2009.
Amendments to the Materials and Articles in Contact with Food (England) Regulations 2007
2
The Materials and Articles in Contact with Food (England) Regulations 2007 are amended in accordance with regulations 3 to 9.
3
In regulation 2 (interpretation) —
a
in paragraph (1) —
i
after the definition of “Regulation 2023/2006” insert the following definition —
“Regulation 450/2009” means Commission Regulation (EC) No. 450/2009 on active and intelligent materials and articles intended to come into contact with food ;
, and
ii
in the definition of “import” for “a Member State” substitute “an EEA State”; and
b
paragraph (2) is omitted.
4
After regulation 4 (enforcement of Regulation 1935/2004) insert the following as regulation 4A —
Enforcement of Regulation 450/2009
4A
Any person who contravenes any of the following provisions of Regulation 450/2009 is guilty of an offence —
a
Article 4(f) (prohibition on the placing on the market of active and intelligent materials and articles that do not comply with labelling requirements);
b
Article 11(1) and (2) (additional rules on labelling), as read with the 4th indent of Article 14;
c
Article 12 (declaration of compliance); and
d
Article 13 (supporting documentation).
.
5
After regulation 6 (competent authorities for the purposes of Regulation 1934/2004), insert the following as regulation 6A —
Competent authorities for the purposes of Regulation 450/2009
6A
The competent authorities for the purposes of Article 13 of Regulation 450/2009 are the Food Standards Agency and the authority having responsibility for enforcement pursuant to regulation 14(1).
.
6
In paragraph (2)(a) of regulation 13 (offences and penalties), for “regulation 4 or 5” substitute “regulation 4, 4A or 5”.
7
For regulation 14 (enforcement) substitute the following —
14
1
Each food authority in its area and each port health authority in its district shall execute and enforce —
a
the provisions of Regulation 1935/2004 mentioned in regulation 4;
b
the provisions of Regulation 450/2009 mentioned in regulation 4A; and
c
subject to paragraph (3), these Regulations.
2
The Food Standards Agency may execute and enforce the provisions of —
a
Articles 16(1) and 17(2) of Regulation 1935/2004; and
b
Article 13 of Regulation 450/2009.
3
Each food authority in its area shall execute and enforce the provisions of Regulation 2023/2006 mentioned in regulation 5.
.
8
In paragraph (2) of regulation 18 (general defences), for “regulation 4 or 13(1)(a)” substitute “regulation 4, 4A or 13(1)(a)”.
9
In regulation 21 (application of various provisions of the Act) —
a
in paragraph (2), for “Regulation 1935/2004 or as appropriate to Regulation 2023/2006.” substitute “Regulation 1935/2004, Regulation 2023/2006 or Regulation 450/2009 as appropriate.”; and
b
in paragraph (3), for “Regulation 1935/2004 or, as appropriate Regulation 2023/2006,” substitute “Regulation 1935/2004, Regulation 2023/2006 or Regulation 450/2009 as appropriate”.
Signed by authority of the Secretary of State for Health
Gillian Merron
Minister of State,
Department of Health
3rd November 2009


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Conservation (Natural Habitats, &c.) (Amendment) (England and Wales) Regulations 2009 and come into force on 30th January 2009.
2
These Regulations extend to England and Wales only.
Amendments
2
The Conservation (Natural Habitats, &c.) Regulations 1994 are amended as follows.
3
In regulation 2(1), omit the definition of “agriculture Minister”.
4
In regulation 4 , in paragraph (2), for “In Parts IV and IVA” substitute “In regulations 37A and 41A and in Parts IV and IVA”.
5
In regulation 37A —
a
in paragraph (1), after “arrangements” insert “in accordance with paragraphs (3A) to (3C)”;
b
after paragraph (3) insert —
3A
The appropriate nature conservation body shall —
a
assess how and to what extent surveillance of the conservation status of each relevant habitat and species needs to be carried out, having regard to —
i
whether a habitat or species is a priority natural habitat type or priority species; and
ii
the conservation status of the habitat or species; and
b
advise the Secretary of State or the Welsh Ministers as to the need for such surveillance.
3B
The Secretary of State (in England) and the Welsh Ministers (in Wales) shall ensure that the necessary surveillance is carried out on an ongoing basis.
3C
Surveillance for the purposes of this regulation may be carried out by —
a
a nature conservation body;
b
any other person acting pursuant to, and in accordance with, an agreement with the Secretary of State, the Welsh Ministers or a nature conservation body.
3D
In paragraph (3A), a “relevant” habitat or species means a habitat or species in England or Wales of a type referred to in paragraph (1).
.
6
In regulation 37B —
a
for paragraph (1) substitute —
1
The Secretary of State shall, as required in the light of information derived from surveillance arranged under regulation 37A or otherwise arranged for the purpose of Article 11 of the Habitats Directive, ensure that measures are taken in England for the purpose mentioned in paragraph (2).
;
b
in paragraph (3), for “Where the Secretary of State considers that measures are necessary under paragraph (1) he shall” substitute “Where measures are required under paragraph (1), the Secretary of State shall”;
c
for paragraph (4) substitute —
4
The Welsh Ministers shall, as required in the light of information derived from surveillance arranged under regulation 37A or otherwise arranged for the purpose of Article 11 of the Habitats Directive, ensure that measures are taken in Wales for the purpose mentioned in paragraph (5).
;
d
in paragraph (6), for “Where the Welsh Ministers consider that measures are necessary under paragraph (4) they shall” substitute “Where measures are required under paragraph (4), the Welsh Ministers shall”.
7
In regulation 39 —
a
in paragraph (1)(b), omit the words from “in such a way” to the end;
b
after paragraph (1) insert —
1A
For the purposes of paragraph (1)(b), disturbance of animals includes in particular any disturbance which is likely —
a
to impair their ability —
i
to survive, to breed or reproduce, or to rear or nurture their young; or
ii
in the case of animals of a hibernating or migratory species, to hibernate or migrate; or
b
to affect significantly the local distribution or abundance of the species to which they belong.
;
c
for paragraphs (12) and (13) substitute —
12
Guidance as to the application of the offences in paragraph (1)(b) or (d) in relation to particular species of animals or particular activities may be published by —
a
the Secretary of State (in relation to England) or the Welsh Ministers (in relation to Wales); or
b
the appropriate nature conservation body, with the approval of the Secretary of State (in relation to England) or the Welsh Ministers (in relation to Wales).
13
In proceedings for an offence under paragraph (1)(b) or (d), a court shall take into account any relevant guidance published under paragraph (12).
; and
d
omit paragraphs (14) to (16).
8
In regulation 40 , after paragraph (4) insert —
4A
The defences in paragraphs (1) to (4) do not apply where it is shown by the prosecution that the defendant’s action did not satisfy the conditions in paragraph (4B).
4B
Those conditions are that —
a
there was no satisfactory alternative; and
b
the action was not detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.
.
9
In regulation 41A —
a
in paragraphs (1) and (3), after “arrangements”, insert “in accordance with paragraphs (4A) to (4C)”;
b
after paragraph (4) insert —
4A
The appropriate nature conservation body shall, in relation to the species of animals listed in Annex IV (a) to the Habitats Directive which are found in England or in Wales (as the case may be) —
a
identify the risks of incidental capture and killing to which those species are subject, and the activities which give rise to such risks;
b
maintain a record of instances of incidental capture or killing of animals of those species of which the nature conservation body is aware as a result of the surveillance carried out under regulation 37A, the monitoring carried out under this regulation or otherwise;
c
assess to what extent monitoring of incidental capture and killing is needed, having regard to —
i
the risks identified under sub-paragraph (a);
ii
the instances of incidental capture or killing recorded under sub-paragraph (b);
iii
whether the species is a priority species; and
iv
the conservation status of the species; and
d
advise the Secretary of State or the Welsh Ministers as to the need for such monitoring.
4B
The Secretary of State (in England) and the Welsh Ministers (in Wales) shall ensure that the necessary monitoring of incidental capture and killing is carried out.
4C
Monitoring for the purposes of this regulation may be carried out by —
a
a nature conservation body;
b
any other competent authority;
c
any other person acting pursuant to, and in accordance with —
i
an agreement with the Secretary of State, the Welsh Ministers or a nature conservation body; or
ii
a condition of a licence or other authorisation granted by a competent authority.
.
10
In regulation 41B —
a
for paragraph (1) substitute —
1
The Secretary of State shall (in England), as required in the light of information derived from monitoring arranged under regulation 41A or otherwise arranged for the purpose of Article 12(4) of the Habitats Directive, make arrangements for further research for, or ensure that conservation measures are taken for, the purpose specified in paragraph (2).
;
b
for paragraph (3) substitute —
3
The Welsh Ministers shall (in Wales), as required in the light of information derived from monitoring arranged under regulation 41A or otherwise arranged for the purpose of Article 12(4) of the Habitats Directive, make arrangements for further research for, or ensure that conservation measures are taken for, the purpose specified in paragraph (4).
.
11
In regulation 44 —
a
in paragraph (4)(b), for “the agriculture Minister” substitute “the Secretary of State (in relation to England) or the Welsh Ministers (in relation to Wales)”; and
b
for paragraph (5) substitute —
5
The Secretary of State shall from time to time consult with Natural England as to the exercise of the Secretary of State’s functions under this regulation, and shall not grant a licence of any description unless Natural England has advised as to the circumstances in which, in its opinion, licences of that description should be granted.
6
The Welsh Ministers shall from time to time consult with the Countryside Council for Wales as to the exercise of the Welsh Ministers’ functions under this regulation, and shall not grant a licence of any description unless the Countryside Council for Wales has advised as to the circumstances in which, in its opinion, licences of that description should be granted.
.
Hilary Benn
Secretary of State
Department for Environment, Food and Rural Affairs
5th January 2009


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Recovery of Benefits) (Lump Sum Payments) (Amendment) Regulations 2009 and shall come into force on 13th July 2009.
Amendment of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008
2
1
The Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 are amended as follows.
2
In regulation 7(1) (exempted trusts and payments) after sub-paragraph (f) add —
g
the UK Asbestos Trust established on 10th October 2006 for the benefit of certain persons suffering from asbestos-related diseases;
h
the EL Scheme Trust established on 23rd November 2006 for the benefit of certain persons suffering from asbestos-related diseases.
.
Signed by authority of the Secretary of State for Work and Pensions.
William D. McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
15th June 2009


text:
1
This Order may be cited as the Thurrock and Basildon College (Dissolution) Order 2009 and comes into force on 1st January 2010.
2
On 1st January 2010 the corporation is to be dissolved and all of its property rights and liabilities are to be transferred to The South East Essex College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st January 2010 as if the reference in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st January 2010;
c
to the transferor were to the corporation; and
d
to the corporation were to The South East Essex College.
Kevin Brennan
Minister for Further Education, Skills Apprenticeships and Consumer Affairs
Department for Business, Innovation and Skills
30th November 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hillingdon Hospital National Health Service Trust (Transfer of Trust Property) Order 2009 and shall come into force on 1st November 2009.
2
In this Order —
“the old Trust” means the Hillingdon Hospital National Health Service Trust;
“the new Trust” means the Central and North West London NHS Foundation Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 9th February and 16th February 2009 and on behalf of the new Trust on 13th March 2009.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference in relation to the trust property to the trustees of the trust property or to the old Trust shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health.
Mike O’Brien
Minister of Health,
Department of Health
16th July 2009


text:
Citation, application and commencement
1
These Regulations —
a
may be cited as the Street Works (Qualifications of Supervisors and Operatives) (England) Regulations 2009;
b
apply in respect of street works in England; and
c
come into force on 6th April 2010.
Interpretation
2
In these Regulations —
“the 1992 Regulations ” means the Street Works (Qualifications of Supervisors and Operatives) Regulations 1992 ;
“the 2007 Regulations ” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 ;
“ the Act ” means the New Roads and Street Works Act 1991;
“approved assessment centre” means an establishment approved by an approved body for the purpose of assessing achievement of units of competence;
“approved body” has the meaning given to it by regulation 7(1);
“approved register” means the register mentioned in regulation 7(2);
“certificate of competence” means a qualification, award or an equivalent which is granted by an approved body;
“certificate of recognition” means a certificate issued in pursuance of regulation 4(1)(b) or (c) or 5(1)(b) or (c);
“registration body” means the Scottish Qualifications Authority;
“relevant State” means another member State, Iceland, Norway, Liechtenstein or Switzerland;
“supervisor” means a person by whom street works are required to be supervised under section 67(1) of the Act; and
“trained operative” means a person whose presence at the site of street works is required under section 67(2) of the Act.
Amendment of the Street Works (Qualifications of Supervisors and Operatives) Regulations 1992
3
After regulation 1 of the 1992 Regulations insert the following regulation —
1A
These Regulations do not apply in respect of street works in England.
.
Prescribed qualification for supervisors
4
1
A supervisor has a prescribed qualification for a particular type of supervisory work if, in respect of that work–
a
an approved body has issued the supervisor with a certificate of competence showing that the supervisor has been assessed by an approved assessment centre as having achieved the units of competence set out in Schedule 1 as required by Schedule 2 for that particular type of supervisory work; or
b
the Scottish Qualifications Authority has issued a certificate of recognition stating that the supervisor meets the requirements of regulation 22(1)(a) or (b) (conditions for recognition of qualification in a relevant State) of the 2007 Regulations; or
c
the Scottish Qualifications Authority has issued a certificate of recognition stating that the supervisor has completed an adaptation period of up to three years with a successful assessment or has taken and passed an aptitude test, as described in regulation 25(1) (conditions for compensation measures) of the 2007 Regulations ;
and the certificate is registered in the approved register.
2
For a period of two months beginning with the day on which a supervisor —
a
is assessed by an approved assessment centre as having achieved the units of competence set out in Schedule 1 as required by Schedule 2 for a particular type of supervisory work; or
b
is recognised by the Scottish Qualifications Authority as meeting the requirements of regulation 22(1)(a) or (b) of the 2007 Regulations in respect of a particular type of supervisory work; or
c
is successful when assessed following completion of an adaptation period of up to three years, or passes an aptitude test, as described in regulation 25(1) of the 2007 Regulations in respect of a particular type of supervisory work;
the supervisor shall have a prescribed qualification for the particular type of supervisory work, notwithstanding that the relevant certificate of that supervisor has not been registered in the approved register.
3
Before 6th April 2011 a person who has been assessed by an approved assessment centre as having achieved the unit of competence set out in unit 10 in Schedule 1 shall have a prescribed qualification to act as a supervisor for the purposes of signing, lighting and guarding without registration of a certificate of competence.
Prescribed qualification for trained operatives
5
1
A trained operative has a prescribed qualification for a particular type of work if, in respect of that work —
a
an approved body has issued the trained operative with a certificate of competence showing that the trained operative has been assessed by an approved assessment centre as having achieved the units of competence set out in Schedule 3 as required by Schedule 4 for that particular type of work; or
b
the Scottish Qualifications Authority has issued a certificate of recognition stating that the trained operative meets the requirements of regulation 22(1)(a) or (b) (conditions for recognition of qualification in a relevant State) of the 2007 Regulations; or
c
the Scottish Qualifications Authority has issued a certificate of recognition stating that the trained operative has completed an adaptation period of up to three years with a successful assessment or has taken and passed an aptitude test, as described in regulation 25(1) of the 2007 Regulations;
and the certificate is registered in the approved register.
2
For a period of two months beginning with the day on which a trained operative —
a
is assessed by an approved assessment centre as having achieved the units of competence set out in Schedule 3 as required by Schedule 4 for a particular type of work; or
b
is recognised by the Scottish Qualifications Authority as meeting the requirements of regulation 22(1)(a) or (b) of the 2007 Regulations in respect of a particular type of supervisory work; or
c
is successful when assessed following completion of an adaptation period of up to three years or passes an aptitude test, as described in under regulation 25(1) of the 2007 Regulations in respect of a particular type of supervisory work;
the trained operative shall have a prescribed qualification for the particular type of work, notwithstanding that the relevant certificate of that trained operative has not been registered in the approved register.
3
Before 6th April 2011 a person who has been assessed by an approved assessment centre as having achieved the unit of competence set out in unit 2 in Schedule 3 shall have a prescribed qualification to act as a trained operative for the purposes of signing, lighting and guarding without registration of a certificate of competence.
Freedom to provide services on a temporary basis
6
1
Nothing in regulations 4 and 5 shall affect an applicant’s freedom to provide the services of a supervisor or a trained operative on a temporary and occasional basis in accordance with Part 2 (freedom to provide services on a temporary basis) of the 2007 Regulations.
2
In this regulation “applicant” has the same meaning as in regulation 6(3) of the 2007 Regulations.
Qualification registration
7
1
The bodies approved for the purpose of issuing the certificates mentioned in regulations 4(1)(a) and 5(1)(a) are —
a
the City and Guilds of London Institute;
b
the Scottish Qualifications Authority;
c
the CABWI Awarding Body ; and
d
any body that is an “approved body” within the meaning of the 1992 Regulations as they apply to Wales , the Road Works (Qualifications of Supervisors and Operatives) (Scotland) Regulations 1992 or the Street Works (Qualifications of Supervisors and Operatives) Regulations (Northern Ireland) 1998 .
2
The register approved for the purpose of registering certificates mentioned in regulations 4 and 5 is the register to be kept by the registration body.
3
Where an approved body has issued a certificate mentioned in regulation 4 or 5 the relevant approved assessment centre shall within one month request the registration body to register the certificate in the approved register.
4
The registration body shall register the relevant certificate within one month of the following —
a
receipt of a request for registration made under paragraph (3); or
b
the issue by the Scottish Qualifications Authority of a certificate of recognition under regulation 4(1)(b) or (c) and regulation (5)(1)(b) or (c); or
c
receipt of an application for re-registration in accordance with regulation 10(2).
Restrictions on qualifications
8
A prescribed qualification for a supervisor may relate to all types of work which may fall to be done by a supervisor, or may be restricted to some types of that work and the requirements of section 67 of the Act shall be deemed to be satisfied only in relation to the types of work to which that qualification relates.
9
A prescribed qualification for a trained operative may relate to all types of work which may fall to be done by a trained operative, or may be restricted to some types of that work and the requirements of section 67 of the Act shall be deemed to be satisfied only in relation to the types of work to which that qualification relates.
Expiry of registration, reassessment and re-registration
10
1
A certificate of competence or certificate of recognition mentioned in regulation 4 or regulation 5 shall cease to be registered on the expiry of five years from the date of registration.
2
A certificate of competence or certificate of recognition may be registered for further successive periods of five years provided that an application for registration is received by the registration body no earlier than six months prior to and no later than six months after the expiry of the previous registration and, subject to paragraph (5), that application is accompanied by the relevant reassessment certificate of competence.
3
A supervisor has a reassessment certificate of competence for a particular type of supervisory work if an approved body has issued that supervisor with a certificate showing that the supervisor has been assessed by an approved assessment centre as having achieved competence in the reassessment units set out in Schedule 5 required by Schedule 6 for that particular type of supervisory work.
4
A trained operative has a reassessment certificate of competence for a particular type of work if an approved body has issued that trained operative with a certificate showing that the trained operative has been assessed by an approved assessment centre as having achieved competence in the reassessment units set out in Schedule 7 required by Schedule 8 for that particular type of work.
5
Until 5th April 2011 a certificate of competence or certificate of recognition may be registered for a further period of five years in accordance with this regulation without a reassessment certificate of competence.
Prescribed qualifications gained pursuant to the 1992 Regulations
11
1
A prescribed qualification registered before 6th April 2010 under regulation 3(1)(a) of the 1992 Regulations shall be deemed to have been registered under regulation 4(1)(a) of these Regulations on the date it was last registered.
2
A prescribed qualification registered before 6th April 2010 under regulation 4(1)(a) of the 1992 Regulations shall be deemed to have been registered under regulation 5(1)(a) of these Regulations on the date it was last registered.
Signed by authority of the Secretary of State for Transport
Sadiq Khan
Minister of State
Department for Transport
18th August 2009


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (No.2) Regulations 2009 and shall come into force on 12th October 2009.
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 2 of the 2002 Regulations
2
In regulation 2 of the 2002 Regulations, at the appropriate place, insert —
“childcare” has the meaning given by section 18 of the Childcare Act 2006 ;
“child minding” for the purposes of regulation 5A(g) has the meaning given by section 79A(2) of the Children Act 1989 ;
“day care” for the purposes of regulation 5A(g) has the meaning given by section 79A(6) of the Children Act 1989;
.
Amendment of regulation 5A of the 2002 Regulations
3
1
Regulation 5A of the 2002 Regulations is amended as follows.
2
For paragraph (a) substitute —
a
considering the applicant’s suitability —
i
to engage in any activity which is a regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 , or
ii
for a position which otherwise involves regularly caring for, training, supervising or being solely in charge of, persons aged under 18;
.
3
For paragraph (b) substitute —
b
considering the applicant’s suitability —
i
to engage in any activity which is a regulated activity relating to vulnerable adults within the meaning of Part 2 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006, or
ii
for a position which otherwise involves regularly caring for, training, supervising or being solely in charge of vulnerable adults within the meaning of section 59 of the Safeguarding Vulnerable Groups Act 2006;
.
4
Omit paragraph (ba)(i).
5
In paragraph (ba)(ii) for “such adults” insert “vulnerable adults within the meaning of section 59 of the Safeguarding Vulnerable Groups Act 2006”.
6
For paragraph (g) substitute —
g
registration for child minding or providing day care under Part XA of the Children Act 1989, including assessing the suitability of any person to have regular contact with children who is —
i
aged 16 or over and living on the premises at which the child minding or day care is being or is to be provided;
ii
aged 16 or over and working, or who will be working, on the premises at which the child minding or day care is being or is to be provided at times when such child minding or day care is being or is to be provided;
.
7
In paragraph (ga) after “(regulation of provision of childcare in England)” insert —
, including assessing the suitability of any person to have regular contact with children who is —
i
aged 16 or over and living on the premises at which the childcare is being or is to be provided;
ii
aged 16 or over and working on the premises at which the childcare is being or is to be provided at times when such childcare is being or is to be provided;
.
8
In paragraph (j) for “section 68” substitute “section 67” and after “(welfare of privately fostered children)” insert —
, including obtaining information in respect of any person who is —
i
aged 18 or over and living in the same household as a person who is, or who wishes to be approved as, a foster parent within the meaning of section 53(7)(a) or (b) of the Safeguarding Vulnerable Groups Act 2006;
ii
aged 16 or over and living in the same household as a person who fosters, or intends to foster, a child privately within the meaning of section 66(1) of the Children Act 1989 or who is otherwise a private foster parent within the meaning of section 53(7)(c) and (8) of the Safeguarding Vulnerable Groups Act 2006;
.
9
In paragraph (k) after “suitability to adopt a child” insert “, including obtaining information in respect of any person aged 18 years or over living in the same household as the prospective adopter;”.
10
Omit paragraphs (l), (m), (n) and (o).
11
Omit paragraphs (s) and (t).
12
In paragraph (v) omit “considering an individual’s suitability for the position of Commissioner for Older People in Wales, or that of his deputy, or for” and after “Commissioner” insert “for Older People in Wales”.
13
Omit paragraph (w).
14
After paragraph (w) insert —
x
considering the applicant’s suitability for work as a person who provides immigration advice or services as defined in section 82(1) of the Immigration and Asylum Act 1999 and is —
i
a registered person under Part 5 of that Act, or
ii
a person who acts on behalf of and under the supervision of such a registered person, or
iii
a person who is exempt by section 84(4)(a) to (c) of that Act;
y
considering the applicant’s suitability to obtain or retain a licence under regulation 5 of the Misuse of Drugs Regulations 2001 or under Article 3(2) of Regulation 2004/273/ EC or under Article 6(1) of Regulation 2005/111/EC where the question relates to any person who as a result of his role in the body concerned is required to be named in the application for such a licence (or would have been so required if that person had had that role at the time the application was made); or
z
considering the applicant’s suitability for any office or employment or other work in the Criminal Records Bureau.
Revocation of regulations 5B, 5C, 6, 7, 8 and 8A of the 2002 Regulations
4
Regulations 5B, 5C, 6, 7, 8 and 8A of the 2002 Regulations are revoked.
Suitability information relating to children
5
Cases in which an application for an enhanced criminal records certificate is made for a purpose prescribed in paragraphs (a)(i), (a)(ii), (g), (ga), (h), (j), (k), (p), (q), (r), (u) or (z) of regulation 5A of the 2002 Regulations are prescribed for the purposes of section 113BA of the Police Act 1997.
Suitability information relating to vulnerable adults
6
Cases in which an application for an enhanced criminal records certificate is made for a purpose prescribed in paragraphs (b)(i), (b)(ii), (ba)(ii), (h), (p), (v) or (z) of regulation 5A of the 2002 Regulations are prescribed for the purposes of section 113BB of the Police Act 1997.
Revocation of the Protection of Vulnerable Adults Regulations 2002
7
The Police Act 1997 (Enhanced Criminal Record Certificates) (Protection of Vulnerable Adults) Regulations 2002 are revoked.
David Hanson
Minister of State
Home Office
11th July 2009


text:
1
1
This Order may be cited as the Bradford & Bingley plc Compensation Scheme (Amendment) Order 2009.
2
This Order comes into force on the day after the day on which it is made.
2
The Schedule to the Bradford & Bingley plc Compensation Scheme Order 2008 is amended as follows.
3
In paragraph 5 at the end insert —
5
In sub-paragraph (1) the reference to article 6 of the Transfer Order is a reference to that article as amended by article 2(2) of the Bradford & Bingley plc Transfer of Securities and Property etc. (Amendment) Order 2009 .
.
4
After paragraph 8 insert —
PART 3A Information
8A
1
The court may, on an application by the valuer, make an order requiring the provision of information that is reasonably required for the purpose of assessing the amount of any compensation payable by the Treasury.
2
A person required to provide information pursuant to an order under sub-paragraph (1) shall not be required to provide information —
a
in respect of which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings;
b
if such provision by the person holding it would be prohibited by or under any enactment;
c
if it is held by a government department and such provision would be contrary to the public interest.
3
In relation to information recorded otherwise than in legible form, the power to require it to be provided includes power to require it to be provided in a form from which it can readily be produced in visible and legible form.
8B
A person who provides information to the valuer for the purpose of the assessment by the valuer of the amount of any compensation payable by the Treasury is not, by reason only of the provision of such information, liable in any proceedings relating to a breach of an obligation of confidence.
8C
Specified information shall not be disclosed by the valuer (or any person to whom the valuer has disclosed such information in accordance with paragraph 8D(2)) without the consent of the person from whom the valuer obtained the specified information and, if different, the person to whom it relates.
8D
1
The prohibition in paragraph 8C of the disclosure of specified information is subject to the following exceptions.
2
The valuer may, for the purpose of assessing the amount of any compensation payable, disclose specified information to any staff appointed under paragraph 8 or to any person providing advice or assistance to the valuer.
3
The valuer may disclose specified information if and to the extent that the valuer considers it necessary to do so for the purpose of exercising the functions of the office.
4
The valuer must, before disclosing any specified information in accordance with sub-paragraph (3), have regard to the need to exclude from disclosure (so far as practicable) —
a
commercial information, the disclosure of which might significantly harm the legitimate business interests of the person to whom it relates,
b
information relating to the private affairs of an individual, the disclosure of which might significantly harm the individual’s interests, or
c
any information the disclosure of which would be contrary to the public interest.
5
The valuer may disclose specified information in accordance with this paragraph subject to such conditions as the valuer thinks appropriate.
8E
In this Part —
“court” means the High Court or the Court of Session;
“specified information” means any information obtained by the valuer for the purpose of assessing the amount of any compensation payable by the Treasury.
.
Tony Cunningham
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
25th March 2009


text:
Citation and commencement
1
1
This Order may be cited as The European Communities (Definition of Treaties) (United Nations Convention on the Rights of Persons with Disabilities) Order 2009.
2
This Order shall come into force on the date on which the treaty specified in article 2 enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
Specification as one of the Community Treaties
2
The United Nations Convention on the Rights of Persons with Disabilities signed in New York by the European Community and by the United Kingdom on 30 March 2007 is to be regarded as one of the Community Treaties as defined in section 1(2) of the European Communities Act 1972.
Judith Simpson
Clerk of the Privy Council


text:
Citation and interpretation
1
1
This Order may be cited as the Child Maintenance and Other Payments Act 2008 (Commencement No. 5) Order 2009.
2
In this Order, except where otherwise stated, any reference to a numbered section or Schedule is a reference to a section of, or Schedule to, the Child Maintenance and Other Payments Act 2008.
Appointed days
2
1
The following provisions come into force on 1st June 2009 for the purpose of making regulations and on 3rd August 2009 for all other purposes —
a
section 22 (orders for regular deductions from accounts);
b
section 23 (lump sum deduction orders);
c
section 57(1) (minor and consequential amendments), so far as relating to paragraph 1(22)(a) of Schedule 7; and
d
paragraph 1(22)(a) of Schedule 7 (minor and consequential amendments).
2
The following provisions, in so far as not already in force, come into force on 1st June 2009 —
a
sections 57(1) and 58 (repeals), so far as relating to the paragraphs and entries referred to in sub-paragraphs (b) and (c) below;
b
the following paragraphs of Schedule 7 —
i
paragraphs 1(7), (9), (10), (26), (32) and (34), 2(3) to (6) and 4, and
ii
paragraph 1(25)(a), except in relation to the definition of “curfew order”; and
c
in Schedule 8 (repeals), the entries relating to —
i
the repeal of sections 6 and 36(2) of the Child Support Act 1991 and the repeals in section 7(1) of that Act, and
ii
the repeal of paragraph 9 of Schedule 3 to the Child Support Act 1995 .
Signed by authority of the Secretary of State for Work and Pensions.
William D. McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
28th May 2009


text:
Citation and commencement
1
These Regulations may be cited as the International Carriage of Dangerous Goods by Road (Fees) (Amendment) Regulations 2009 and come into force on 3rd May 2009.
Increases in fees
2
1
The International Carriage of Dangerous Goods by Road (Fees) Regulations 1988 are amended as follows.
2
In the regulations specified in column (1) of the Table, for each amount specified in column (2) substitute the amount specified in column (3).
Table
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
3(a) 91 99 3(b) 91 99 3A 26 28 4(2) 46 50 5(2) 91 99 6 13 14
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
2nd April 2009
We consent to the making of these Regulations
Bob Blizzard
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 2009


text:
Title, application and commencement
1
These Regulations may be cited as the Food Labelling (Nutrition Information) (England) Regulations 2009, apply in relation to England only and come into force on 30th October 2009.
Amendment of the Food Labelling Regulations 1996
2
1
The Food Labelling Regulations 1996 are amended in accordance with paragraphs (2) to (4) and regulation 3.
2
In regulation 2(1) (interpretation) —
a
in the definition of Directive 90/496 after the words “Commission Directive 2003/120/EC ” insert “and Commission Directive 2008/100/EC ”; and
b
after the definition of “fat” insert the following —
“fibre”, in the context of nutrition labelling, means carbohydrate polymers with three or more monomeric units, which are neither digested nor absorbed in the human small intestine and belong to the following categories:
edible carbohydrate polymers naturally occurring in the food as consumed;
edible carbohydrate polymers which have been obtained from food raw material by physical, enzymatic or chemical means and which have a beneficial physiological effect demonstrated by generally accepted scientific evidence; or
edible synthetic carbohydrate polymers which have a beneficial physiological effect demonstrated by generally accepted scientific evidence;
.
3
In Schedule 6, Part II —
a
as Table A (vitamins in respect of which claims may be made) substitute the table of entries set out in Schedule 1 to these Regulations; and
b
as Table B (minerals in respect of which claims may be made) substitute the table of entries set out in Schedule 2 to these Regulations.
4
In Schedule 7, Part I, paragraph 5 —
a
at the end of sub-paragraph (g) for the full stop substitute a semi-colon; and
b
after sub-paragraph (g) add the following sub-paragraphs —
h
1 gram of fibre shall be deemed to contribute 8 kJ (2 kcal);
i
1 gram of erythritol shall be deemed to contribute 0 kJ (0 kcal).
Transitional provision
3
In regulation 50 (transitional provision), after paragraph (15) add the following as paragraph (16) —
16
In any proceedings for an offence under regulation 44(1)(b) it shall be a defence to prove that —
a
the food concerned —
i
if sold, was sold before the 31st October 2012, and
ii
if advertised for sale, was advertised for sale before 31st October 2012 but not on or after that date; and
b
the matters constituting the alleged offence would not have constituted an offence under these Regulations if the amendments made by regulation 2 of the Food Labelling (Nutrition Information) (England) Regulations 2009 had not been in operation when the food was sold or advertised, as the case may be.
Signed by authority of the Secretary of State for Health.
Gillian Merron
Minister of State,
Department of Health
21st September 2009


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Communications (Television Licensing) (Amendment) Regulations 2009 and come into force on 1st April 2009.
2
These Regulations extend to the Channel Islands and the Isle of Man.
Amendment of the 2004 Regulations
2
The Communications (Television Licensing) Regulations 2004 (“the 2004 Regulations”) are amended as set out in regulations 3 to 7 of these Regulations.
Amendment of Schedule 1
3
In Schedule 1 (Issue fees for TV licences) —
a
for “£47.00” in each place where it occurs substitute “£48.00”;
b
for “£139.50” in each place where it occurs substitute “£142.50”.
Amendment of Schedule 2
4
1
Schedule 2 (Fees for TV licences payable by instalments) is amended as follows.
2
Omit paragraph 1(3).
3
In paragraph 2(1) for “£36.14 and “£36.12” substitute, respectively, “£36.89” and £36.87”.
4
In each of paragraphs 5(1) and 6(1), for “2008” substitute “2009”.
5
For table 1 substitute table 1 in the Schedule to these Regulations.
6
For table 2 substitute table 2 in the Schedule to these Regulations.
7
In paragraph 7(6) —
a
in sub-paragraph (b) for “2008” substitute “2009”; and
b
for “£81.40” and “£11.62” substitute, respectively, “£83.15” and “£11.87”.
8
For table 3 substitute table 3 in the Schedule to these Regulations.
9
Omit paragraph 8(3).
10
In paragraph 9, for paragraph (c) substitute —
c
the amount of each of the first 24 of those instalments is to be £5.50 and the amount of the final instalment is to be £5.00.
11
In paragraph 11 —
a
in sub-paragraph (3) for “£49.00” substitute “£51.50”;
b
in sub-paragraph (6) for “£10.00” substitute “£10.50”.
12
In paragraph 12 —
a
in sub-paragraph (2)(b) for “£6.80” substitute “£7.10”;
b
for sub-paragraph (3)(b) substitute —
b
the amount of the first 7 instalments is to be £8.90 and the final instalment is to be £8.70;
;
c
in sub-paragraph (4)(b) for “£11.40” and “£11.00” substitute, respectively, “£11.90” and “£11.50”;
d
in sub-paragraph (5)(b) for “£17.00” substitute “£17.75”.
13
In paragraph 13 —
a
in sub-paragraph (2)(a) for “£8.10” substitute “£8.40”;
b
for sub-paragraph (2)(b) substitute —
b
sub-paragraph (3)(b) is to have effect as if it provided for each of the 8 instalments to be £10.50;
;
c
in sub-paragraph (2)(c) for “£13.50” substitute “£14.00”;
d
in sub-paragraph (2)(d) for “£20.25” substitute “£21.00”.
14
In paragraph 14 —
a
in sub-paragraph (1) for “£49.00” substitute “£51.50”;
b
in sub-paragraph (2)(a) for “£9.05” substitute “£9.10”;
c
in sub-paragraph (2)(b) for “£10.70” substitute “£11.20”;
d
in sub-paragraph (2)(c) for “£15.10” substitute “£15.20”;
e
for sub-paragraph (2)(d) substitute —
d
sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the 4 instalments to be £22.75.
.
15
In paragraph 15 —
a
in sub-paragraph (2)(a) for “£9.95” substitute “£10.25”;
b
in sub-paragraph (2)(b) for “£12.50” and “£12.00” substitute, respectively, “£12.85” and “£12.55”;
c
in sub-paragraph (2)(c) for “£16.60” and “£16.50” substitute, respectively, “£17.10” and “£17.00”;
d
in sub-paragraph (2)(d) for “£24.90” and “£24.80” substitute, respectively, “£25.70” and “£25.40”.
16
In paragraph 16 —
a
for sub-paragraph (2)(a) substitute —
a
sub-paragraph (2)(b) is to have effect as if it provided for the amount of each of the 10 instalments to be £11.55;
;
b
in sub-paragraph (2)(b) for “£14.10” and “£13.80” substitute, respectively, “£14.45” and “£14.35”;
c
in sub-paragraph (2)(c) for “£18.75” substitute “£19.25”;
d
in sub-paragraph (2)(d) for “£28.20” and “£27.90” substitute, respectively, “£28.90” and “£28.80”.
17
In paragraph 17 —
a
in sub-paragraph (1) for “£10.00” substitute “£10.50”;
b
in sub-paragraph (2)(a) for “£12.95” substitute “£13.20”;
c
for sub-paragraph (2)(b) substitute —
b
sub-paragraph (3)(b) is to have effect as if it provided for the amount of each of the 8 instalments to be to be £16.50;
;
d
for sub-paragraph (2)(c) substitute —
c
sub-paragraph (4)(b) is to have effect as if it provided for the amount of each of the 6 instalments to be to be £22.00;
;
e
for sub-paragraph (2)(d) substitute —
d
sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the 4 instalments to be to be £33.00;
.
Amendment of Schedule 3
5
1
In the table in Part 1 of Schedule 3 (Fees for interim TV licences) for “£3.916” and “£11.625” substitute, respectively, “£4.00” and “£11.875”.
2
In paragraph 1(5)(b) of Part 2 of that Schedule (Interim TV licence (including colour): payment by instalments) for “£139.50” substitute “£142.50”.
Amendment of Schedule 5
6
1
Schedule 5 (TV licence fees for hotels and hospitality areas and mobile units) is amended as follows.
2
In the definition of “relevant amount” —
a
in paragraph (a) for “£47.00 substitute “£48.00”; and
b
in paragraph 1(b) for “£139.50” substitute “£142.50”.
3
In paragraph 3(1)(a) for “£47.00 substitute “£48.00”.
4
In paragraph 3(1)(b) for “£139.50” substitute “£142.50”.
Saving and transitional provision
7
In relation to a TV licence issued before 1 st April 2009 Schedules 1 to 5 to the 2004 Regulations continue to have effect without the amendments made by these Regulations.
Andy Burnham
Secretary of State
Department for Culture, Media and Sport
24th February 2009
We consent to the making of these Regulations to the extent that they are made under section 365 of the Communications Act 2003
Bob Blizzard
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
26th February 2009


text:
Citation and commencement
1
This Order may be cited as the Transport for London (East London Line) Transfer Scheme 2009 Confirmation Order 2009 and comes into force on 15th September 2009.
Confirmation of Scheme
2
The Transport for London (East London Line) Transfer Scheme 2009, which was made by Transport for London on 1st July 2009, and approved by the Mayor of London on 18th July 2009, is confirmed.
Signed by authority of the Secretary of State for Transport
C D Mole
Parliamentary Under Secretary of State
Department for Transport
5th August 2009