type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 2009 and shall come into force on 3rd March 2009.
Amendment of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981
2
1
The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 are amended as follows.
2
In regulation 3 —
a
for the definition of “ ECE Regulation 36” substitute —
“ECE Regulation 36” means ECE Regulation No. 36 (uniform provisions concerning the construction of public service vehicles) which came into force on 1st March 1976 as an Annex to the UN ECE Agreement;
“ECE Regulation No. 52” means ECE Regulation No. 52 (uniform provisions concerning the approval of M2 and M3 small capacity vehicles with regard to their general construction) which came into force on 1st November 1982 as an Annex to the UNECE Agreement;
“ECE Regulation No. 52.01” means ECE Regulation No 52 as amended by the 01 series of amendments on 12th September 1995;
“ECE Regulation No. 107” means ECE Regulation No. 107 (uniform provisions concerning the approval of M2 and M3 vehicles with regard to their general construction) which came into force on 18th June 1998 as an Annex to the UNECE Agreement;
“ECE Regulation No. 107.01” means ECE Regulation No. 107 as amended by the 01 series of amendments on 12th August 2004;
“ECE Regulation No. 107.02” means ECE Regulation No. 107 as amended by the 02 series of amendments on 10th November 2007;
; and
b
after the definition of “type approval certificate” insert —
“the UNECE Agreement” means the Agreement of the United Nations Economic Commission for Europe concluded at Geneva 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 the 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;
.
3
In regulation 4A —
a
that regulation shall be re-numbered as paragraph (1); and
b
after that re-numbered paragraph insert —
2
The prescribed conditions as to the fitness of a vehicle contained in regulations 6 to 33 in Part 2 may alternatively be met by a vehicle satisfying such requirements of ECE Regulation 107.01 or 107.02 as apply to it.
3
The prescribed conditions as to the fitness of a vehicle contained in regulations 13, 15 to 17, 20 to 28A and 31 in Part 2 may alternatively be met by a vehicle satisfying such requirements of ECE Regulation 52.01 as apply to it.
.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary under Secretary of State
Department for Transport
29th January 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Finance Act 2008, Schedule 41 (Appointed Day and Transitional Provisions) Order 2009.
2
In this Order a reference to a paragraph (without more) is a reference to that paragraph of Schedule 41 to the Finance Act 2008.
3
In this Order —
“relevant excise provision” has the meaning given in paragraph 3(1);
“relevant obligation” means an obligation specified in the Table in paragraph 1;
“unauthorised issue of an invoice” has the meaning given in paragraph 2(2).
Appointed day
2
The day appointed for the coming into force of Schedule 41 to the Finance Act 2008 is 1st April 2010.
3
That Schedule has effect —
a
in relation to any relevant obligation arising on or after that date;
b
in relation to any unauthorised issue of an invoice taking place on or after that date;
c
in relation to any act which enables HMRC to assess an amount as duty under a relevant excise provision and which is done on or after that date; and
d
in relation to any act giving rise to a penalty under paragraph 4 (handling goods subject to unpaid excise duty) which is done on or after that date.
Transitional provisions
4
Paragraph 25 (consequential repeals), paragraph 29 of Schedule 24 to the Finance Act 2007 and paragraph 21 of Schedule 40 to the Finance Act 2008 repeal the following provisions only in so far as those provisions relate to conduct involving dishonesty which gives rise to a penalty under Schedule 41 to the Finance Act 2008 —
a
in the Value Added Tax Act 1994 —
i
sections 60 and 61 ( VAT evasion), and
ii
section 67(1)(b) (failure to notify);
b
in the Finance Act 1994 —
i
section 8 (penalty for evasion of excise duty), and
ii
paragraphs 12 and 13 of Schedule 7 (insurance premium tax: civil penalties);
c
paragraphs 18 and 19 of Schedule 5 to the Finance Act 1996 (landfill tax: civil penalties: evasion and misdeclaration or neglect);
d
paragraphs 98 and 99 of Schedule 6 to the Finance Act 2000 (climate change levy: civil penalties: evasion, liability of directors and misdeclaration or neglect);
e
in Schedule 6 to the Finance Act 2001 —
i
paragraphs 7 and 8 (aggregates levy: civil penalties: evasion, liability of directors and misdeclaration or neglect); and
ii
paragraph 9A(5)(b) (penalty under paragraph 7 above); and
f
section 133(2) to (4) of the Finance Act 2002 (aggregates levy: amendments to provisions about civil penalties).
Bob Blizzard
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 2009


text:
Citation and application
1
This Order, which applies in England only, may be cited as the Business Rate Supplements Act 2009 (Commencement No. 1) (England) Order 2009.
Commencement of the Business Rate Supplements Act 2009
2
With the exception of section 16(5) and Schedule 2, the Business Rate Supplements Act 2009, so far as it is not already in force , shall come into force on 19th August 2009.
Signed by authority of the Secretary of State for Communities and Local Government
Ian Austin
Parliamentary Under Secretary of State
Department for Communities and Local Government
14th August 2009


text:
PART 1 GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Independent Review of Determinations (Adoption and Fostering) Regulations 2009 and come into force on 1st April 2009.
2
These Regulations apply in relation to England only.
Interpretation
2
In these Regulations —
“the 1989 Act ” means the Children Act 1989;
“the 2002 Act ” means the Adoption and Children Act 2002;
“the AAR ” means the Adoption Agencies Regulations 2005 ;
“adoption panel” means a panel constituted in accordance with regulation 3 of the AAR;
“adoption suitability determination” means a qualifying determination described in regulation 3;
“applicant” means —
in the case of an adoption suitability determination, a prospective adopter;
in the case of a disclosure determination, a relevant person within the meaning of regulation 15(7) of the Disclosure Regulations ;
in the case of a fostering determination, a person to whom notice has been given for the purposes of regulation 28(6)(a) or 29(7)(a) of the FSR ;
“the central list” shall be construed in accordance with regulation 5;
“disclosure determination” means a qualifying determination described in regulation 15(1) of the Disclosure Regulations ;
“the Disclosure Regulations” means the Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005 ;
“fostering determination” means a qualifying determination of a description prescribed in regulation 4;
“fostering panel” means a panel constituted in accordance with regulation 24 of the FSR;
“fostering service provider” has the meaning given in regulation 2(1) of the FSR;
“the FSR” means the Fostering Services Regulations 2002 ;
“organisation” means an adoption agency or a fostering service provider as the case may be;
“panel” means a panel constituted in accordance with regulation 6, 7 or 8 (as the case may be);
“prospective adopter’s report” means a report prepared in accordance with regulation 25 of the AAR;
“qualifying determination” means a determination described in regulation 3 or 4 of these Regulations or regulation 15(1) of the Disclosure Regulations; and
“social worker” means a person who is registered as a social worker in a register maintained by the General Social Care Council or the Care Council for Wales under section 56 of the Care Standards Act 2000 or in a corresponding register maintained under the law of Scotland or Northern Ireland.
Qualifying determination for the purposes of section 12(2) of the 2002 Act
3
A determination made by an adoption agency in accordance with regulation 27(4) of the AAR that the adoption agency proposes not to approve a prospective adopter as suitable to adopt a child is a qualifying determination for the purposes of section 12(2) of the 2002 Act.
Qualifying determination – prescribed description for the purposes of paragraph 12A(2)(b) of Schedule 2 to the 1989 Act
4
For the purposes of paragraph 12A(2)(b) of Schedule 2 to the 1989 Act the following descriptions of determination are prescribed —
a
a determination (other than a determination made pursuant to regulation 27(6) of the FSR) that the fostering service provider proposes not to approve a person as suitable to act as a foster parent, in accordance with regulation 28(6) of the FSR, and
b
a determination (other than a determination made pursuant to regulation 27(6) of the FSR) that the fostering service provider proposes to terminate, or to revise the terms of, the approval of a person as suitable to act as a foster parent, in accordance with regulation 29(7) of the FSR,
where notice of the determination is given on a date on or after 1st April 2009.
PART 2 PANELS
Constitution of panels
5
1
The Secretary of State shall, on receipt of an application made by an applicant in accordance with regulation 17, constitute a panel in accordance with regulation 6, 7 or 8, as the case may be, for the purpose of reviewing the qualifying determination.
2
The members of the panel shall be appointed by the Secretary of State from a list of persons (“the central list”) kept by the Secretary of State.
3
The members of the central list shall include —
a
social workers who have at least three years’ post-qualifying experience in child care social work including direct experience in adoption work;
b
social workers who have at least three years’ post-qualifying experience in child care social work including direct experience in fostering work;
c
registered medical practitioners; and
d
other persons who are considered by the Secretary of State to be suitable as members of a panel including, where reasonably practicable, persons with personal experience of adoption and persons who are, or within the previous two years have been, a local authority foster parent .
Membership of a panel to review an adoption suitability determination
6
Where the qualifying determination being reviewed is an adoption suitability determination, the maximum number of people who may be appointed to a panel is ten and the panel shall include at least —
a
two persons falling within regulation 5(3)(a);
b
one person falling within regulation 5(3)(c); and
c
four other persons falling within regulation 5(3)(d) including where reasonably practicable at least two persons with personal experience of adoption.
Membership of a panel to review a disclosure determination
7
Where the qualifying determination being reviewed is a disclosure determination, the number of people who shall be appointed to a panel is three and the panel shall include at least two persons falling within regulation 5(3)(a).
Membership of a panel to review a fostering determination
8
Where the qualifying determination being reviewed is a fostering determination, the maximum number of people who may be appointed to a panel is ten and the panel shall include at least —
a
two persons falling within regulation 5(3)(b); and
b
four other persons falling within regulation 5(3)(d) including where reasonably practicable at least two persons who are, or within the previous two years have been, a local authority foster parent.
Appointment of panel chair
9
The Secretary of State shall —
a
appoint to chair the panel one of the members of the panel who has the skills and experience necessary for chairing a panel; and
b
in the case of a panel constituted to review an adoption suitability determination or a fostering determination, appoint one of the members of the panel as vice chair to act as chair if the person appointed to chair the panel is absent or if the office of chair is vacant.
Disqualification of panel members
10
1
A person (“P”) shall not be appointed to a panel if —
a
P is a member of an adoption panel or a fostering panel of the organisation which made the qualifying determination;
b
where the organisation which made the qualifying determination is a local authority, P is, or has been within the period of one year prior to the date on which the qualifying determination was made —
i
employed by that authority in their children and family social services, or
ii
a member of that authority;
c
where the organisation which made the qualifying determination is not a local authority, P is, or has been within the period of one year prior to the date on which the qualifying determination was made, an employee or a trustee of that organisation;
d
P is related to a person falling within sub-paragraph (a), (b) or (c);
e
the organisation which made the qualifying determination has placed a child for adoption with P or placed a child with P as a local authority foster parent;
f
where P was adopted or fostered as a child, the organisation which made the qualifying determination was the organisation which arranged P’s adoption or fostering;
g
P was approved as a foster parent in accordance with the FSR or as a prospective adopter by the organisation which made the qualifying determination; or
h
P knows the applicant in a personal or professional capacity.
2
In this regulation —
a
“employed” includes employed whether or not for payment and whether under a contract of service or a contract for services or as a volunteer; and
b
P is related to a person (“A”) if P is —
i
a member of the household of, or married to or the civil partner of, A;
ii
the son, daughter, mother, father, sister or brother of A; or
iii
the son, daughter, mother, father, sister or brother of the person to whom A is married or with whom A has formed a civil partnership.
Functions of a panel constituted to review an adoption suitability determination
11
1
This regulation applies where the qualifying determination being reviewed is an adoption suitability determination.
2
A panel constituted in accordance with regulation 6 shall review the adoption suitability determination and —
a
where paragraph (3) applies, make to the adoption agency that made the adoption suitability determination a recommendation as to whether or not the applicant is suitable to adopt a child; or
b
where paragraph (4) applies, make to the adoption agency that made the adoption suitability determination a recommendation that —
i
it should prepare a prospective adopter’s report in accordance with regulation 25(5) of the AAR to include all of the information required by that regulation; or
ii
the applicant is not suitable to adopt a child.
3
This paragraph applies where the prospective adopter’s report included all of the information required by regulation 25 of the AAR.
4
This paragraph applies where the prospective adopter’s report, in accordance with regulation 25(7) of the AAR, did not include all of the information required by regulation 25 of the AAR.
5
In considering what recommendation to make, the panel —
a
must consider and take into account all of the information passed to it in accordance with regulation 28 of the AAR;
b
may request the adoption agency to obtain any other relevant information which the panel considers necessary or to provide such other assistance as the panel may request; and
c
may obtain such legal advice as it considers necessary in relation to the case.
6
Where the panel makes a recommendation that the applicant is suitable to adopt a child, the panel may consider and give advice to the adoption agency about the number of children the applicant may be suitable to adopt, their age range, sex, likely needs and background.
Functions of a panel constituted to review a disclosure determination
12
1
This regulation applies where the qualifying determination being reviewed is a disclosure determination.
2
A panel constituted in accordance with regulation 7 shall review the disclosure determination and make to the adoption agency that made the disclosure determination a recommendation as to whether or not the agency should proceed with its original determination.
3
In considering what recommendation to make, the panel —
a
must consider and take into account all of the information passed to it in accordance with regulation 15(3) of the Disclosure Regulations;
b
may request the adoption agency to obtain any other relevant information which the panel considers necessary or to provide such other assistance as the panel may request; and
c
may obtain such legal advice or advice from a registered medical practitioner included in the central list as it considers necessary in relation to the case.
Functions of a panel constituted to review a fostering determination
13
1
This regulation applies where the qualifying determination being reviewed is a fostering determination.
2
A panel constituted in accordance with regulation 8 shall review the fostering determination and make to the fostering service provider that made the fostering determination —
a
a recommendation as to whether or not the applicant is suitable to act as a foster parent; or
b
where the qualifying determination relates to the terms of the approval of the applicant as suitable to act as a foster parent, a recommendation to the fostering service provider as to those terms.
3
In considering what recommendation to make, the panel —
a
must consider and take into account all of the information passed to it in accordance with regulation 29A of the FSR;
b
may request the fostering service provider to obtain any other relevant information which the panel considers necessary or to provide such other assistance as the panel may request; and
c
may obtain such legal advice or advice from a registered medical practitioner included in the central list as it considers necessary in relation to the case.
4
Where the panel makes a recommendation that the applicant is suitable to act as a foster parent, the panel may also make a recommendation to the fostering service provider as to the terms of any approval.
Fees of panel members
14
The Secretary of State may pay to any member of a panel such fees as the Secretary of State considers to be reasonable.
Meetings of panels
15
1
Where the qualifying determination being reviewed is a disclosure determination, the proceedings of the panel will be invalidated unless all three members are present.
2
Where the qualifying determination being reviewed is an adoption suitability determination or a fostering determination, the proceedings of the panel will be invalidated unless at least five of its members are present including —
a
the chair or vice chair; and
b
in the case of an adoption suitability determination, a person falling within regulation 5(3)(a) or, in the case of a fostering determination, a person falling within regulation 5(3)(b).
Records
16
The Secretary of State shall ensure that a written record of a panel’s review of a qualifying determination, including the reasons for its recommendation and whether the recommendation was unanimous or that of a majority, is retained —
a
for a period of 12 months from the date on which the recommendation is made; and
b
in conditions of appropriate security.
PART 3 PROCEDURE
Application for review of qualifying determination
17
An application to the Secretary of State for a review of a qualifying determination must be made by the applicant in writing and include the grounds of the application.
Appointment of panel and conduct of review
18
Upon receipt of an application which has been made in accordance with regulation 17, the Secretary of State shall —
a
notify the organisation which made the qualifying determination that the application has been made by sending to the organisation a copy of the application;
b
send a written acknowledgment of the application to the applicant and notify him of the steps taken under sub-paragraph (a);
c
fix a date, time and venue for the panel constituted in accordance with regulation 6, 7 or 8 to meet for the purposes of reviewing the qualifying determination (“review meeting”);
d
after taking the steps set out in sub-paragraph (c), inform in writing the applicant and the organisation which made the qualifying determination of —
i
the appointment of the panel; and
ii
the date, time and venue of the review meeting; and
e
inform the applicant in writing that the applicant may, if the applicant wishes, provide to the panel further details of the grounds of the application in writing in the period up to three weeks before the review meeting and orally at the review meeting.
Duty to provide information and assistance
19
The organisation which made the qualifying determination shall provide, as far as is reasonably practicable, any information or assistance requested by the panel under regulation 11(5)(b), 12(3)(b) or 13(3)(b), as the case may be.
Recommendation of panel
20
1
The panel’s recommendation may be that of the majority.
2
The recommendation and the reasons for it and whether it was unanimous or that of a majority must be recorded without delay in a document signed and dated by the chair.
3
The panel must without delay send a copy of the recommendation and the reasons for it to the applicant and to the organisation which made the qualifying determination.
Duty to pay costs in connection with a review
21
The organisation which made the qualifying determination must pay to the Secretary of State such costs in connection with the review of that qualifying determination as the Secretary of State considers reasonable.
PART 4 REVOCATION AND TRANSITIONAL ARRANGEMENTS
Revocation of the Independent Review of Determinations (Adoption) Regulations 2005 and transitional arrangements
22
1
The Independent Review of Determinations (Adoption) Regulations 2005 are revoked.
2
Anything done for the purposes of or in connection with a provision of the Independent Review of Determinations (Adoption) Regulations 2005 shall be treated as if it were done for the purposes of or in connection with the corresponding provision of these Regulations.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, School and Families
27th February 2009


text:
Title, application and commencement
1
These Regulations may be cited as the Food Irradiation (England) Regulations 2009, apply in relation to England only and come into force on 31st July 2009.
Scope
2
These Regulations do not apply to —
a
irradiation by measuring or inspection devices at a maximum level of —
i
10MeV in the case of X-rays;
ii
14MeV in the case of neutrons; or
iii
5MeV in other cases,
where the dose of ionising radiation absorbed does not exceed 0.01Gy in the case of inspection devices which utilise neutrons and 0.5 Gy in other cases; or
b
irradiation of food prepared under medical supervision for patients requiring sterile diets.
Interpretation
3
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“the Agency” means the Food Standards Agency;
“approval” includes a licence;
“approved” includes “licensed”;
“import” means to introduce from another member State or from a country outside the European Community;
“ionising radiation” means any gamma rays, X rays or corpuscular radiations which are capable of producing ions either directly or indirectly;
“irradiated” means treated by ionising radiation, and similar expressions shall be construed accordingly;
“licence” save in regulation 7(a)(ii)(bb) means a licence granted by the Agency in accordance with Schedule 2 to a person and a facility to irradiate food and “licensed” and “licensee” shall be construed accordingly;
“official reference number” in relation to a facility in a member State means the reference number allocated by the member State in connection with its approval as an irradiation facility (being the number shown for it in the list in Schedule 3);
“sell” includes possess, offer, expose and advertise for sale, and “sale” shall be construed accordingly.
2
For the purposes of these Regulations —
a
“properly irradiated food” means food which —
i
was either irradiated alone or as part of a batch of food in which each item was food which fell within the same permitted category of food; and
ii
has not been over-irradiated,
and “proper irradiation” shall be construed accordingly;
b
food falls within a permitted category of food when (excluding the weight of any added water) no less than 98 per cent of it by weight falls within that category, and “item”, in relation to a batch of food, means each item within that batch intended to be capable of being sold individually;
c
the permitted categories of food are —
i
fruit;
ii
vegetables;
iii
cereals;
iv
bulbs and tubers;
v
dried aromatic herbs, spices and vegetable seasonings;
vi
fish and shellfish; and
vii
poultry;
d
in the permitted categories of food —
i
“fruit” includes fungi, tomatoes and rhubarb;
ii
“vegetables” excludes fruit, cereals, bulbs and tubers and dried aromatic herbs, spices and vegetable seasonings but includes pulses;
iii
“bulbs and tubers” means potatoes, yams, onions, shallots and garlic;
iv
“fish and shellfish” includes eels, crustaceans and molluscs; and
v
“poultry” means domestic fowls, geese, ducks, guinea fowls, pigeons, quails and turkeys;
e
food has been over-irradiated either when the overall average dose of ionising radiation absorbed by it, measured in accordance with Schedule 1, exceeds, in the case of —
i
fruit, 2 kGy;
ii
vegetables, 1 kGy;
iii
cereals, 1 kGy;
iv
bulbs and tubers, 0.2 kGy;
v
dried aromatic herbs, spices and vegetable seasonings, 10 kGy;
vi
fish and shellfish, 3 kGy; or
vii
poultry, 7 kGy,
or in the circumstances described in paragraph (3).
3
The circumstances are that the maximum dose of ionising radiation absorbed by the food, or by any food in the same batch, measured in accordance with Schedule 1, is —
a
more than three times the minimum dose absorbed by it; or
b
more than 1.5 times the overall average dose specified for the food in paragraph (2)(e).
Prohibition on treatment without a licence
4
1
No person shall in the preparation of any food irradiate it or any part of it unless —
a
that person has been licensed;
b
it is in a suitably wholesome state; and
c
it is irradiated in accordance with these Regulations and any conditions of the licence.
2
Schedule 2 shall have effect in relation to licences.
Restrictions on importation
5
1
No person shall import into England for the purpose of sale any irradiated food unless —
a
it falls within a permitted category of food;
b
it has been irradiated in one of the facilities listed in the Table in —
i
Schedule 3, being in each case a facility in a member State approved for the irradiation of foods and food ingredients by the member State concerned; or
ii
Schedule 4, being in each case a facility in a country outside the European Community and approved by the Community;
c
it is properly irradiated food; and
d
where it was irradiated in another member State, it is accompanied by documents containing —
i
either the name and address of the facility which carried out the irradiation, or its official reference number; and
ii
the information specified in paragraph 9(1)(a) to (d) and (2)(d) of Part 3 of Schedule 2; or
e
where it was irradiated outside the European Community —
i
it is accompanied by documents —
aa
showing the name and address of the facility in which the food was irradiated; and
bb
containing the information specified in paragraph 9(1) of Part 3 of Schedule 2;
ii
in the case of food other than dried aromatic herbs, spices or vegetable seasonings —
aa
it was irradiated by a person approved, under a reference by which the approval can be identified, by a competent authority in the country in which it was irradiated;
bb
the approval requires the method of measurement specified in Schedule 1 relating to food to which the approval relates; and
cc
the operation of the legislation in force in that country relating to the irradiation of food protects human health to an extent not less than human health is protected by the operation of these Regulations; and
iii
it complies with the conditions which apply to the food.
2
This regulation applies to food which has (as well as food which has not) become an ingredient of other food.
3
In paragraph (1)(e)(iii) the expression “the conditions which apply to the food” is to be construed in accordance with the expression “the conditions which apply to those foodstuffs” in Article 9(1) of Directive 1999/2/EC of the European Parliament and of the Council on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation .
Restriction on storage or transport
6
1
No person shall store or transport for the purpose of sale any irradiated food unless —
a
that person has been licensed in relation to the food; or
b
that person has not been licensed in relation to the food and —
i
where the food has been imported into England, it is accompanied by the documents, or copies of the documents, required in relation to it by regulation 5(1)(d) or (e)(i); or
ii
where the irradiation took place in the United Kingdom, it is accompanied by documents containing a statement that the food has been irradiated and a document or copy containing the information specified in paragraph 9(1)(a) to (d) and (2) of Part 3 of Schedule 2.
2
This regulation applies to food which has (as well as food which has not) become an ingredient of other food.
Restriction on sale
7
No person shall sell food which or any part of which has been irradiated unless —
a
either —
i
the irradiation took place in England and regulation 4 and Schedule 2 and any conditions of the licence were complied with; or
ii
the irradiation took place in Northern Ireland, Scotland or Wales and
aa
provisions having effect there, corresponding to regulation 4 and Schedule 2; and
bb
any conditions of a licence to irradiate food issued there,
were complied with; or
iii
the food was imported into England and regulation 5 was complied with; and
b
where it was stored or transported, regulation 6 was complied with.
Documentation for food not ready for a final sale
8
1
No person shall import into England, store or transport for the purpose of sale or sell irradiated food, or food containing an irradiated ingredient, which is not ready for delivery to the ultimate consumer or catering establishments unless the documents which accompany the food —
a
apply the word “irradiated” or the words “treated with ionising radiation” to the food or the ingredient, as the case may be; and
b
include either the name and address of the facility which carried out the irradiation, or its official reference number.
2
In this regulation —
a
“catering establishment” means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer and is ready for consumption without further preparation;
b
“ultimate consumer” means any person who buys otherwise than —
i
for the purpose of resale;
ii
for the purposes of a catering establishment; or
iii
for the purposes of a manufacturing business.
Enforcement
9
1
The Agency shall enforce the provisions of these Regulations in so far as they fall to be observed by a licensee.
2
The Agency and each food authority within its area shall each enforce the provisions of regulation 4 in so far as they fall to be observed by any person other than a licensee.
3
Each food authority shall enforce within its area the provisions of these Regulations save in so far as they fall to be enforced under paragraph (1) or (2).
4
Each authority concerned in the administration of these Regulations shall give to each other authority so concerned such assistance and information as that other authority may reasonably require for the purposes of its duties under these Regulations.
5
In this regulation “food authority” does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple).
Offences and penalties
10
1
Any person who contravenes or fails to comply with any of the provisions of these Regulations or, for the purposes of these Regulations, makes any false statement or uses any document containing a false statement either recklessly or knowing it to be false, is guilty of an offence and is liable —
a
on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or both; and
b
on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both.
2
Any licensee who contravenes or fails to comply with any condition of the licence shall be guilty of an offence and shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or both; and
b
on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both.
Application of various provisions of the Food Safety Act 1990
11
1
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in them to the Act shall be construed as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc. );
b
section 3 (presumption that food is intended for human consumption);
c
section 20 (offences due to fault of other person);
d
section 21 (defence of due diligence), with the modification that subsections (2) to (4) shall apply in relation to an offence of contravening regulation 4, 5, 6, 7 or 8 of these Regulations as they apply in relation to an offence under section 14 or 15;
e
section 30(8) (which relates to documentary evidence);
f
section 33(1) (obstruction etc. of officers);
g
section 35(1) (punishment of offences), in so far as it relates to offences under section 33(1) as applied by sub-paragraph (f);
h
section 36 (offences by bodies corporate);
i
section 36A (offences by Scottish partnerships) ;
j
section 44 (protection of officers acting in good faith);
k
section 58(1) (which relates to territorial waters).
2
Section 9 (inspection and seizure of suspected food) of the Act shall apply for the purposes of these Regulations as if food which it was an offence to sell under them were food which failed to comply with food safety requirements.
3
Section 34 (which relates to time limits for the beginning of prosecutions) of the Act shall apply in relation to offences under these Regulations as it applies to offences punishable under section 35(2) of the Act.
Revocation of existing Regulations
12
1
In so far as they apply in relation to England, the Food (Control of Irradiation) Regulations 1990 are revoked.
2
Regulations 2 to 16 of the Food Irradiation Provisions (England) Regulations 2000 and the Food (Control of Irradiation) (Amendment) (England) Regulations 2002 are revoked.
Signed by authority of the Secretary of State for Health.
Gillian Merron
Minister of State,
Department of Health
24th June 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009 and shall come into force on the day after the day on which it is made.
2
In this Order “the 2001 Act ” means the Private Security Industry Act 2001.
Amendments to Part 1 of Schedule 2 to the 2001 Act
2
1
Paragraph 2(7) of Schedule 2 to the 2001 Act (Manned guarding) is amended as follows.
2
After paragraph (aa) , insert —
ab
activities that are carried out by virtue of an arrangement made under section 118 of the Criminal Justice and Public Order Act 1994 (arrangements for the provision of prisoner escorts: Northern Ireland);
.
3
After paragraph (ca) , insert —
cb
activities that are carried out by virtue of an arrangement made under Article 50(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (attendance centres) or Article 51(2) of that Order (juvenile justice centres);
.
4
After paragraph (fa) , insert —
fb
activities of a person designated by the Chief Constable of the Police Service of Northern Ireland under section 30 of the Police (Northern Ireland) Act 2003 (police powers for designated police support staff) which are carried out in the course of that person’s employment as a member of the police support staff;
fc
activities of a person designated by the Chief Constable of the Police Service of Northern Ireland under section 30A of the Police (Northern Ireland) Act 2003 (community support officers) which are carried out in the course of that person’s employment as a member of the police support staff;
.
5
After paragraph (g), insert —
ga
activities of a person designated by the Chief Constable of the Police Service of Northern Ireland under section 31(2) of the Police (Northern Ireland) Act 2003 (police powers for designated contracted-out staff) which are carried out for the purposes of the performance of a contract entered into under section 31(1) of that Act by that person’s employer;
.
6
After paragraph (k), insert —
ka
activities of a person appointed as a special constable in Northern Ireland by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847 (harbour and dock police) which are carried out in the execution of that office;
.
3
1
Paragraph 3 of Schedule 2 to the 2001 Act (Immobilisation of vehicles) is amended as follows.
2
In sub-paragraph (3A) after paragraph (a), insert —
aa
activities of a person carried out for the purposes of, or in connection with, arrangements made with that person’s employer by the Northern Ireland Court Service under section 69 of the Judicature (Northern Ireland) Act 1978 ;
.
3
In sub-paragraph (3A) after paragraph (d), insert —
e
activities of a person appointed as a special constable in Northern Ireland by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847 (harbour and dock police) which are carried out in the execution of that office.
.
4
After sub-paragraph (4), insert —
5
In the application of this paragraph to Northern Ireland any reference to a road within the meaning of the Road Traffic Act 1988 shall be read as if it were a reference to a road within the meaning of the Road Traffic Regulation (Northern Ireland) Order 1997
.
4
1
Paragraph 3A of Schedule 2 to the 2001 Act (Restriction and removal of vehicles) is amended as follows.
2
In sub-paragraph (6) after paragraph (a), insert —
aa
activities of a person carried out for the purposes of, or in connection with, arrangements made with that person’s employer by the Northern Ireland Court Service under section 69 of the Judicature (Northern Ireland) Act 1978;
.
3
In sub-paragraph (6) after paragraph (b), insert —
ba
activities carried out by a person for the purposes of, or in connection with, a contract entered into by a district council in Northern Ireland with a view to removing a vehicle pursuant to Article 30 of the Pollution Control and Local Government (Northern Ireland) Order 1978 (removal of abandoned vehicles);
bb
activities carried out by a person for the purposes of, or in connection with, a contract entered into by the Department for Regional Development with a view to removing a vehicle pursuant to Article 49 of the Road Traffic Regulation (Northern Ireland) Order 1997;
.
4
In sub-paragraph (6) after paragraph (c), insert —
ca
activities carried out by a person for the purposes of, or in connection with, a contract entered into by the Northern Ireland Policing Board with a view to removing a vehicle pursuant to Article 48 of the Road Traffic Regulation (Northern Ireland) Order 1997;
.
5
In sub-paragraph (6) after paragraph (f), insert —
g
activities of a person appointed as a special constable in Northern Ireland by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847 (harbour and dock police) which are carried out in the execution of that office.
.
6
After sub-paragraph (7), insert —
7A
For the purposes of sub-paragraph (6)(ba) “district council” has the meaning given by section 44 of the Interpretation Act (Northern Ireland) 1954 .
.
7
After sub-paragraph (8), insert —
9
In the application of this paragraph to Northern Ireland any reference to a road within the meaning of the Road Traffic Act 1988 shall be read as if it were a reference to a road within the meaning of the Road Traffic Regulation (Northern Ireland) Order 1997.
.
Amendments to Part 2 of Schedule 2 to the 2001 Act
5
After paragraph 8(1BC) of Schedule 2 to the 2001 Act (Door supervisors etc for public houses, clubs and comparable venues), insert —
1BD
This paragraph applies to activities carried out in relation to licensed premises in Northern Ireland only if they are carried out at or in relation to times when —
a
intoxicating liquor (within the meaning of the Licensing (Northern Ireland) Order 1996 is being sold or supplied for consumption on the premises; or
b
an entertainment to which paragraph 1 or 2 of Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 applies is being provided on the premises.
.
6
After paragraph 8(2)(n) of Schedule 2 to the 2001 Act (as inserted by the Private Security Industry Act 2001 (Amendment) (Northern Ireland) Order 2009), insert —
o
any place in respect of which an entertainments licence within the meaning of Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 is in force.
.
7
1
Paragraph 8(3) of Schedule 2 to the 2001 Act is amended as follows.
2
After paragraph (b), insert —
ba
in relation to any occasion on which the premises are being used exclusively for the purposes of a registered club within the meaning of the Registration of Clubs (Northern Ireland) Order 1996 ;
.
3
At the end of paragraph (cc) omit “or”.
4
After paragraph (cc), insert —
cd
in relation to any occasion on which a bingo club licence within the meaning of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 is in force in respect of the premises and the premises are being used wholly or mainly for the purposes for which the licence is required;
ce
in relation to any occasion on which a licence permitting theatrical performances is in force in respect of the premises under the Local Government (Miscellanous Provisions) (Northern Ireland) Order 1985 and the premises are being used wholly or mainly for the purposes of a theatrical performance for which the licence is required;
cf
in relation to any occasion on which a licence within the meaning of the Cinemas (Northern Ireland) Order 1991 is in force in respect of the premises and the premises are being used wholly or mainly for the purposes for which the licence is required; or
.
Paul Goggins
Minister of State
Northern Ireland Office
18th November 2009


text:
Citation and commencement
1
These Regulations may be cited as the Armed Forces (Discharge and Transfer to the Reserve Forces) (No. 2) Regulations 2009 and shall come into force on 31st October 2009.
Interpretation
2
1
In these Regulations —
“the 1955 Acts ” means the Army Act 1955 and the Air Force Act 1955 ;
“the 1957 Act ” means the Naval Discipline Act 1957 ;
“the 1966 Act ” means the Armed Forces Act 1966 ;
“the 1996 Act ” means the Reserve Forces Act 1996 ;
“the 2006 Act ” means the Armed Forces Act 2006;
“commencement” means the date on which these Regulations come into force;
“enlisted person” means a member of the regular forces of or below the rank or rate of warrant officer;
“warrant officer” does not include an acting warrant officer, except in the definition of “enlisted person” above.
2
For the purposes of these Regulations —
a
in relation to a person enlisted in the Royal Navy or the Royal Marines, the competent authority is the Defence Council, the Admiralty Board, the Naval Secretary or any person authorised by him;
b
in relation to a person enlisted in the regular army, the competent authority is the Defence Council, the Army Board, the Director of Manning (Army) or any person authorised by him; and
c
in relation to a person enlisted in the Royal Air Force, the competent authority is the Defence Council, the Air Force Board, the Air Secretary or any person authorised by him.
Authority to discharge or transfer
3
An enlisted person may be discharged, or transferred to a reserve force, only by the competent authority or a person authorised by him.
Entitlement to be discharged or transferred
4
1
Where an enlisted person becomes entitled to be discharged or transferred to a reserve force —
a
subject to paragraphs (2) and (3), he shall be discharged or transferred as soon as is practicable; but
b
he shall remain a member of the regular forces until discharged or transferred.
2
Where an enlisted person —
a
was enlisted in the United Kingdom,
b
becomes entitled to be discharged at a time when he is serving outside the United Kingdom, and
c
elects to be discharged in the United Kingdom,
he shall be conveyed to the United Kingdom as soon as is practicable and at no expense to him, and shall be discharged on his arrival there, or, if he consents to his discharge being delayed, within six months after his arrival.
3
Where an enlisted person —
a
falls to be transferred to a reserve force at a time when he is serving outside the United Kingdom, and
b
elects to be transferred in the United Kingdom,
he shall be conveyed to the United Kingdom as soon as is practicable and at no expense to him, and shall be transferred on his arrival there, or, if he consents to his transfer being delayed, within six months after his arrival.
4
References in this regulation to a person’s becoming entitled to be discharged include his becoming so entitled by virtue of these Regulations.
Conveyance to place of residence
5
1
Where an enlisted person is discharged or transferred to a reserve force in the United Kingdom, he shall be entitled to be conveyed at no expense to him from the place of his discharge or transfer to any place in the United Kingdom where he intends to reside.
2
Subject to paragraph (1), an enlisted person who is discharged or transferred to a reserve force shall not be entitled to be conveyed from the place of his discharge or transfer to any other place.
Certificate of discharge
6
1
On being discharged, an enlisted person shall be given a certificate of discharge containing —
a
his full name, rank or rate and service number;
b
the date and place of his enlistment or of the commencement of his service;
c
if he is being discharged having performed duties as a member of the regular forces, a signed assessment by an officer as to his conduct and character;
d
the date of his discharge and the service or corps from which he is discharged;
e
a statement of his liability, if any, to service in the reserve forces; and
f
the signature of the competent authority or other person by whom he is discharged.
2
In this regulation “corps” means any body of the regular army that may from time to time be declared by Royal Warrant to be a corps.
Right of warrant officer to discharge following reduction in rank or disrating
7
1
This regulation applies to a warrant officer of the regular forces if his rank or rate has been reduced —
a
by a sentence of the Court Martial to the greatest extent to which it could be so reduced; or
b
under section 293 of the 2006 Act (effect of custodial sentence or sentence of service detention) by virtue of a sentence passed on him by the Court Martial taking effect.
2
This regulation also applies to a warrant officer of the regular forces if —
a
his rank or rate has been reduced —
i
by a sentence of the Appeal Court to the greatest extent to which it could be so reduced; or
ii
under section 293 of the 2006 Act by virtue of a sentence passed on him by the Appeal Court (other than a suspended sentence of imprisonment or a suspended sentence of service detention) taking effect; and
b
this regulation has not previously applied to him by virtue of any sentence passed by the Court Martial in the proceedings to which the appeal relates, or by virtue of any such sentence taking effect.
3
This regulation also applies to a warrant officer of the regular forces if his rank or rate has been reduced under section 293 of the 2006 Act by virtue of a suspended sentence of imprisonment, or a suspended sentence of service detention, passed on him by the Appeal Court taking effect.
4
A warrant officer to whom this regulation applies may give notice in writing to his commanding officer, within 28 days of the day on which this regulation began (or last began) to apply to him, that he wishes to be discharged from the regular forces.
5
A warrant officer who has given notice under paragraph (4) shall be entitled to be discharged.
6
In this regulation “the Appeal Court” means the Court Martial Appeal Court, but in paragraph (3) includes the Courts-Martial Appeal Court.
Postponement of discharge or transfer
8
1
This regulation applies to an enlisted person if —
a
apart from this regulation, he would have become entitled to be discharged or transferred to a reserve force;
b
on the date on which he would have become so entitled (“the relevant date”), a call-out order under section 52, 54 or 56 of the 1996 Act is in force authorising the call out for permanent service of members of the reserve forces; and
c
none of regulations 9 to 12 applies to him.
2
References in paragraph (1) to a person’s becoming entitled to be discharged include his becoming so entitled by virtue of these Regulations.
3
A person to whom this regulation applies may be retained in service in the regular forces for such period as the competent authority may order, not exceeding the maximum period, and if so retained shall not be entitled to be discharged or transferred to a reserve force until the expiry of the period so ordered.
4
Where the person would otherwise have been entitled to be discharged, and any call-out order by virtue of which this regulation applies to him was made under section 52 or 54 of the 1996 Act, the maximum period is 12 months from the relevant date.
5
Where the person would otherwise have been entitled to be discharged, and the only call-out order by virtue of which this regulation applies to him was made under section 56 of the 1996 Act, the maximum period is nine months from the relevant date.
6
Where the person would otherwise have been entitled to be transferred to a reserve force, the maximum period is the period for which he could have been required to serve on being called out under Part 6 of the 1996 Act if —
a
he had been transferred to the reserve force in time to be called out for permanent service starting on the relevant date; and
b
he had been so called out on the authority of the call-out order by virtue of which this regulation applies to him.
7
Where —
a
a person is retained in service in the regular forces by virtue of this regulation,
b
on the expiry of the period for which his retention was ordered, a call-out order under section 52 or 54 of the 1996 Act is in force, and
c
he makes a declaration before his commanding officer in a form approved for the purposes of this regulation by or on behalf of the Defence Council,
he may (with the approval of the competent authority) continue to serve in the regular forces for as long as such a call-out order is in force, and shall be entitled to be discharged or transferred to a reserve force on the expiry of three months’ notice given by him to his commanding officer.
8
Where a person who would otherwise have been entitled to be transferred to a reserve force is retained in service, or continues to serve, in the regular forces by virtue of this regulation —
a
any period for which he is liable to serve in a reserve force shall be reduced by the period for which he is so retained or continues so to serve; and
b
the period for which he is so retained or continues so to serve shall be treated as a period of relevant service for the purposes of Parts 4 to 7 of the 1996 Act.
9
1
This regulation applies to an enlisted person if immediately before commencement, by virtue of paragraph 2 of Schedule 7 to the 1996 Act, the Army Act 1955 continued to apply in relation to him without the amendments made by paragraph 1 of that Schedule.
2
Paragraph (1) is subject to regulation 14.
3
Where this regulation applies to a person, section 9 of the Army Act 1955 shall continue to apply in relation to him —
a
without the amendments made by paragraph 1 of Schedule 7 to the 1996 Act; and
b
notwithstanding its repeal by the 2006 Act.
10
1
This regulation applies to an enlisted person if immediately before commencement, by virtue of paragraph 4 of Schedule 7 to the 1996 Act, the Army Act 1955 continued to apply in relation to him without the amendments made by paragraph 3 of that Schedule.
2
Paragraph (1) is subject to regulation 14.
3
Where this regulation applies to a person, paragraph 4A of Schedule 7 to the Army Act 1955 shall continue to apply in relation to him —
a
without the amendments made by paragraph 3 of Schedule 7 to the 1996 Act; and
b
notwithstanding its repeal by the 2006 Act.
11
1
This regulation applies to an enlisted person if immediately before commencement, by virtue of paragraph 6 of Schedule 7 to the 1996 Act, the Air Force Act 1955 continued to apply in relation to him without the amendments made by paragraph 5 of that Schedule.
2
Paragraph (1) is subject to regulation 14.
3
Where this regulation applies to a person, section 9 of the Air Force Act 1955 shall continue to apply in relation to him —
a
without the amendments made by paragraph 5 of Schedule 7 to the 1996 Act; and
b
notwithstanding its repeal by the 2006 Act.
12
1
This regulation applies to an enlisted person if immediately before commencement, by virtue of paragraph 8 of Schedule 7 to the 1996 Act, the 1966 Act continued to apply in relation to him without the amendments made by paragraph 7 of that Schedule.
2
Paragraph (1) is subject to regulation 14.
3
Where this regulation applies to a person, section 4 of the 1966 Act shall continue to apply in relation to him —
a
without the amendments made by paragraph 7 of Schedule 7 to the 1996 Act; and
b
notwithstanding its repeal by the 2006 Act.
13
1
For the purposes of their continued application in relation to an enlisted person by virtue of any of regulations 9 to 12, section 9 of each of the 1955 Acts, paragraph 4A of Schedule 7 to the Army Act 1955 and section 4 of the 1966 Act are modified as follows.
2
References to the competent military authority, the competent air-force authority or the competent authority are to be read as references to a person who for the purposes of these Regulations is the competent authority in relation to the enlisted person.
3
References to the enlisted person’s commanding officer are to be read as references to the officer who is his commanding officer for the purposes of the 2006 Act.
14
A person to whom any of regulations 9 to 12 applies may irrevocably elect to be a person to whom that regulation does not apply, by making a declaration before his commanding officer in a form approved for the purposes of this regulation by or on behalf of the Defence Council.
Transitional provisions
15
The Schedule shall have effect.
Revocation of the Armed Forces (Discharge and Transfer to the Reserve Forces) Regulations 2009
16
The Armed Forces (Discharge and Transfer to the Reserve Forces) Regulations 2009 are revoked.
Kevan Jones
Bill Jeffrey
Members of the Defence Council
Ministry of Defence
28th April 2009


text:
Title and commencement
1
1
The title of this Order is The Conwy (Llandudno and Conwy) Order 2009.
2
For any purpose set out in regulation 4(1) of the Regulations, this Order comes into force on 1 December 2009.
3
For all other purposes, this Order comes into force on 1 April 2010, which is the appointed day for the purposes of the Regulations.
Interpretation
2
In this Order —
“Map A” (“ Map A ”), “Map B” (“ Map B ”), “Map C” (“ Map C ”) and “Map D” (“ Map D ”) mean respectively the maps marked A, B, C and D of the Conwy (Llandudno and Conwy) Order 2009 and deposited in accordance with regulation 5 of the Regulations;
“the Regulations” (“ y Rheoliadau ”) means the Local Government Area Changes Regulations 1976 ; and
any reference to an electoral division is a reference to an electoral division of the County Borough of Conwy.
3
Changes are made in the local government area of the County Borough of Conwy in accordance with the following provisions of this Order.
Changes in community areas and consequential changes to electoral arrangements
4
The part of the community of Conwy shown as the hatched area on Map A —
a
is transferred to the community of Llandudno;
b
forms part of the Tudno ward of the community of Llandudno; and
c
forms part of the electoral division of Tudno.
5
The part of the community of Conwy shown as cross-hatched area “a” on Map B —
a
is transferred to the community of Llandudno;
b
forms part of the Craig-y-Don ward of the community of Llandudno; and
c
forms part of the electoral division of Craig-y-Don.
6
The part of the Penrhyn ward of the community of Llandudno shown as hatched area “b” on Map B —
a
is transferred to the Craig-y-Don ward of the community of Llandudno; and
b
forms part of the electoral division of Craig-y-Don.
7
The part of the community of Conwy shown as hatched area “c” on Map B —
a
is transferred to the community of Llandudno;
b
forms part of the Penrhyn ward of the community of Llandudno; and
c
forms part of the electoral division of Penrhyn.
8
The part of the community of Llandudno shown as cross-hatched area “a” on Map C —
a
is transferred to the community of Conwy;
b
forms part of the Deganwy ward of the community of Conwy; and
c
forms part of the electoral division of Deganwy.
9
The part of the community of Llandudno shown as hatched area “b” on Map C —
a
is transferred to the community of Conwy;
b
forms part of the Marl ward of the community of Conwy; and
c
forms part of the electoral division of Marl.
10
The part of the Marl ward of the community of Conwy shown as hatched area “c” on Map C —
a
is transferred to the Deganwy ward of the community of Conwy; and
b
forms part of the electoral division of Deganwy.
11
The part of the community of Llandudno shown as hatched area “a” on Map D —
a
is transferred to the community of Conwy;
b
forms part of the Pensarn ward of the community of Conwy; and
c
forms part of the electoral division of Pensarn.
12
The part of the community of Conwy shown as hatched area “b” on Map D —
a
is transferred to the community of Llandudno;
b
forms part of the Penrhyn ward of the community of Llandudno; and
c
forms part of the electoral division of Penrhyn.
Brian Gibbons
Minister for Social Justice and Local Government, one of the Welsh Ministers
4 October 2009


text:
Citation and commencement
1
These Regulations may be cited as the Armed Forces (Financial Penalty Enforcement Orders) Regulations 2009 and shall come into force on 31st October 2009.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Armed Forces Act 2006;
“the relevant court” means —
the magistrates’ court in England or Wales,
the sheriff court in Scotland,
the court of summary jurisdiction in Northern Ireland, or
a court of summary jurisdiction in the Isle of Man,
within whose jurisdiction the person against whom the financial penalty enforcement order is made appears to the Defence Council or any person authorised by them to reside or to be likely to reside;
“service enforcement procedures” means any procedure provided for in or under section 341 or 342 of the Act.
2
In these Regulations, other than regulations 5 and 6, any reference to a financial penalty being awarded shall include a reference to a sum being adjudged to be paid under section 236(3) of the Act, and “award” shall be construed accordingly.
Financial penalty enforcement orders
3
1
If —
a
a financial penalty is awarded against any person,
b
no appeal is outstanding and the time provided for the giving of the notice of appeal against the award has expired,
c
the whole or any part of the penalty remains unpaid or unrecovered, and
d
the person against whom the award was made is a person to whom these Regulations apply,
the Defence Council or any person authorised by them may make an order (in these Regulations referred to as a “ financial penalty enforcement order”) for the registration of the penalty by the relevant court.
2
These Regulations apply to a person who —
a
is neither subject to service law nor a civilian subject to service discipline; or
b
is subject to service law because he is a special member, within the meaning of the Reserve Forces Act 1996 , of a reserve force.
3
A financial penalty enforcement order shall contain a certificate issued on behalf of the Defence Council or by a person authorised by them and stating —
a
that a financial penalty has been awarded against the person named in the order;
b
that the conditions specified in sub-paragraphs (b) to (d) of paragraph (1) are satisfied;
c
the nature and amount of the penalty;
d
the date on which, and the service offence or offences in respect of which, it was awarded;
e
if it was awarded against the person named in the order as the parent or guardian of some other person, the fact that it was so awarded and the name of that other person;
f
sufficient particulars of the case (including particulars of any service offences taken into consideration at the trial);
g
the date of any payment or recovery of a sum on account of the penalty;
h
the sum outstanding; and
i
the authority to whom and address to which any service compensation order or costs included in the penalty will fall, on recovery, to be remitted under paragraph (6).
4
A document purporting to be a financial penalty enforcement order and to be signed on behalf of the Defence Council or by any person authorised by them shall be deemed to be such an order unless the contrary is proved, and a certificate under paragraph (3) shall be evidence of the matters stated.
5
Subject to paragraph (6), upon registration of a financial penalty enforcement order —
a
service enforcement procedures shall cease to be available for the recovery of the sum certified as outstanding; and
b
that sum shall be treated for all purposes as if it had been a fine imposed upon a conviction by the relevant court.
6
Compensation or costs recovered under these Regulations shall be remitted to the authority at the address specified in the certificate under paragraph (3).
7
Where it appears from a financial penalty enforcement order that the penalty was imposed in respect of more than one service offence, it shall be deemed for the purposes of enforcement to be a single penalty only.
8
Where —
a
a financial penalty enforcement order has been made against any person, and
b
he ceases to be a person to whom these Regulations apply at a time when the whole or any part of the certified sum is still outstanding,
service enforcement procedures shall apply to the amount outstanding as if it were a sum that he had been ordered to pay by a civilian court (anywhere).
9
Where two or more financial penalties have been awarded together, these Regulations shall have effect in relation to the financial penalties as if they were separate penalties.
Transitional provisions
4
A reference in regulation 3 to a service offence shall include a reference to an offence under the Army Act 1955 , the Air Force Act 1955 or the Naval Discipline Act 1957 .
5
1
Subject to regulation 6, this regulation applies where, before the date on which these Regulations come into force, a financial penalty has been awarded against a person under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.
2
The Defence Council or an officer authorised by them may make an order for the registration of the penalty by a relevant court as if section 133A of the Army Act 1955, section 133A of the Air Force Act 1955 or section 128F of the Naval Discipline Act 1957 (as appropriate to the Act under which the financial penalty was imposed) continued in force in relation to the penalty, except that —
a
any reference in the section to “service enforcement procedures” shall be treated as a reference to any procedure provided for in or under section 341 or 342 of the Act; and
b
any reference in the section to a person to whom the section applies shall be treated as a reference to a person within regulation 3(2).
3
An order referred to in paragraph (2) shall take effect as if the section mentioned in that paragraph, appropriate to the Act under which the final penalty was imposed, continued in force.
4
In this regulation “financial penalty” has the same meaning as in section 133A of the Army Act 1955, section 133A of the Air Force Act 1955 or section 128F of the Naval Discipline Act 1957 (as appropriate to the Act under which it was awarded).
6
1
This regulation applies where, on or after the date on which these Regulations come into force, a financial penalty is awarded under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 or is confirmed by the Summary Appeal Court.
2
Regulation 3 shall apply in respect of the financial penalty as if in that regulation —
a
any reference to a financial penalty included a reference to a financial penalty within paragraph (1);
b
in its paragraph (3)(i), for “any service compensation order or costs” there were substituted “any stoppages or compensation”;
c
in its paragraph (6), for “Compensation or costs” there were substituted “Stoppages or compensation”; and
d
immediately after its paragraph (9), the following new paragraph were inserted —
10
In this regulation “stoppages” does not include sums awarded by virtue of section 147 or 148 of the Army Act 1955, section 147 or 148 of the Air Force Act 1955 or section 128C of the Naval Discipline Act 1957.
3
In paragraph (1) “financial penalty” has the same meaning as in section 133A of the Army Act 1955, section 133A of the Air Force Act 1955 or section 128F of the Naval Discipline Act 1957 (as appropriate to the Act under which the financial penalty was, or is, awarded).
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
7th May 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Finance Act 2008, Schedule 39 (Appointed Day, Transitional Provision and Savings) Order 2009.
2
In this Order a reference to a paragraph (without more) is a reference to that paragraph of Schedule 39 to the Finance Act 2008.
3
In this Order —
“the Taxes Acts” has the meaning given in section 118(1) of the Taxes Management Act 1970 ;
“ TMA 1970 ” means the Taxes Management Act 1970;
“ VATA 1994 ” means the Value Added Tax Act 1994 .
Appointed days
2
1
The day appointed for the coming into force of paragraphs 32 to 36 is 1st April 2009.
2
Subject to article 10(2), the day appointed for the coming into force of paragraphs 1 to 31 and 37 to 66 is 1st April 2010.
Transitional provisions and savings
3
Paragraph 33 is disregarded where, for the purposes of section 33A of VATA 1994 (refunds of VAT to museums and galleries), the day on which the supply was made or the acquisition or importation took place was on or before 31st March 2006.
4
Paragraph 34 is disregarded —
a
where, for the purposes of section 77 of VATA 1994 (assessments: time limits and supplementary assessments), the end of the prescribed accounting period or the importation, acquisition or event giving rise to the penalty, as appropriate, occurred on or before 31st March 2006, and
b
where, after a person’s death, a sum is assessed as due by reason of some conduct (however described) of the deceased, including a sum due by way of penalty, interest or surcharge, and the date of the death is on or before 31st March 2006.
5
Paragraph 35 is disregarded where, for the purposes of a claim under section 78 of VATA 1994 (interest in certain cases of official error), the end of the applicable period to which the claim relates was on or before 31st March 2006.
6
Paragraph 36 is disregarded where, for the purposes of section 80 of VATA 1994 (credit for, or repayment of, overstated or overpaid VAT), the relevant date is on or before 31st March 2006.
7
Section 36(1A)(b) and (c) of TMA 1970 (fraudulent and negligent conduct) shall not apply where the year of assessment is 2008-09 or earlier, except where the assessment on the person (“P”) is for the purposes of making good to the Crown a loss of tax attributable to P’s negligent conduct or the negligent conduct of a person acting on P’s behalf.
8
Paragraph 46(2A)(b) and (c) of Schedule 18 to the Finance Act 1998 (general time limits for assessments) shall not apply where the end of the accounting period to which the assessment relates is on or before 31st March 2010, except in a case involving negligence on the part of —
a
the company, or
b
a person acting on behalf of the company, or
c
a person who was a partner of the company at the relevant time.
9
Section 77(4A)(c) and (d) of VATA 1994 (value added tax: assessments: time limits and supplementary assessments) shall not apply where the end of the prescribed accounting period or the importation, acquisition or event giving rise to the penalty, as appropriate, occurred on or before 31 March 2010, except where VAT has been lost in circumstances giving rise to a penalty under section 67 of VATA 1994 (failure to notify and unauthorised issue of invoices).
10
1
This article applies where an event specified in paragraph 4 below relates to a year of assessment in respect of which a person (“P”) has not been given notice under —
a
section 8 of TMA 1970 (personal return),
b
section 8A of TMA 1970 (trustee’s return), or
c
section 12AA of TMA 1970 (partnership return),
within one year of the end of the year of assessment.
2
Where this article applies, the day appointed for the coming into force of paragraphs 1 to 31 and 37 to 65 is 1st April 2012.
3
But this article does not apply if, as regards P and a year of assessment, any income which ought to have been assessed to income tax or chargeable gains which ought to have been assessed to capital gains tax, have not been assessed, or an assessment to tax has become insufficient, or any relief which has been given has become excessive.
4
The events referred to in paragraph (1) above are —
a
an assessment on P to income tax or capital gains tax,
b
a claim by or on behalf of P, provided for by any provision of the Taxes Acts, and
c
a notice given by P under section 711 of the Income Tax (Earnings and Pensions Act) 2003 (right to make a return).
5
Nothing in this article has any application where P is a company.
Bob Blizzard
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
26th February 2009


text:
1
This Order may be cited as the A52 Trunk Road (A46 Newark to Widmerpool Improvement and Slip Roads) (Detrunking) Order 2009 and shall come into force on 30th January 2009.
2
In this Order —
i
“the new trunk road” means the new highway which the Secretary of State proposes to construct referred to in article 2 of the A52 Trunk Road (A46 Newark to Widmerpool Improvement and Slip Roads) Order 2009. ;
ii
“the trunk road” means the A52 Trunk Road
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road from the date on which the Secretary of State notifies the Nottinghamshire County Council that the new trunk roads are open for traffic.
Signed by authority of the Secretary of State for Transport
Colin Chadwick
A Divisional Director
Highways Agency
9th January 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (Commencement No. 1 and Transitional Provisions) Order of Council 2009.
2
In this Order, “the principal Order ” means the Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009.
Appointed days
2
1
1st July 2009 is the day appointed for —
a
the coming into force of —
i
paragraphs 1(c) and (d), 8, 9, 11 and 15 of Schedule 2 to the principal Order, in so far as not already in force, and
ii
paragraphs 1(b) and (e), 2 to 4, 6(a) and (b), 7, 10 and 16(a) and (c) to (e) of Schedule 2 to the principal Order,
and article 3(2) of the principal Order in so far as it relates to those paragraphs;
b
the coming into force of paragraph 24(a) of Schedule 3 to the principal Order, in so far as not already in force, and article 3(3) of the principal Order in so far as it relates to that paragraph;
c
the coming into force of Parts 1 and 5 of Schedule 4 to the principal Order, and article 4(1) of the principal Order in so far as it relates to those Parts; and
d
the coming into force of paragraphs 3 to 5, 7, 8, 10 and 11 of Schedule 5 to the principal Order, and article 4(2) of the principal Order in so far as it relates to those paragraphs.
2
1st October 2009 is the day appointed for —
a
the coming into force of —
i
paragraphs 2, 10 and 13 of Schedule 1 to the principal Order, in so far as not already in force, and
ii
paragraph 1(b) of Schedule 1 to the principal Order,
and article 3(1) of the principal Order in so far as it relates to those paragraphs; and
b
the coming into force of Part 4 of Schedule 4 to the principal Order, and article 4(1) of the principal Order in so far as it relates to that Part.
3
6th April 2010 is the day appointed for the coming into force of paragraph 6 of Schedule 5 to the principal Order, and article 4(2) of the principal Order in so far as it relates to that paragraph.
Transitional provisions
3
Until the end of 30th June 2012, the following provisions shall apply as if, where reference is made to a chartered psychologist (however described), that reference is to be treated as a reference to a chartered psychologist (however described) or a psychologist registered in Part 14 of the register maintained by the Health Professions Council —
a
sub-paragraph (d) of the paragraph in Schedule 1 to the Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008 (professional requirements);
b
paragraph 1(2)(c) of Schedule 4 to the Criminal Justice (Northern Ireland) Order 2008 (the Parole Commissioners – appointment);
c
regulation 5(2)(e) of the Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008 (eligibility to carry out best interest assessments);
d
paragraph 1(d) of Schedule 1 to the Mental Health (Approval of Persons to be Approved Mental Health Professionals) (Wales) Regulations 2008 (professional requirements);
e
regulation 5(1)(e) of the Mental Capacity (Deprivation of Liberty: Assessments, Standard Authorisations and Disputes about Residence) (Wales) Regulations 2009 (eligibility to carry out best interest assessments).
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Approval) (Amendment) Regulations 2009 and come into force on 29th April 2009.
Amendment of the principal Regulations
2
1
The Motor Vehicles (Approval) Regulations 2001 are amended as provided in paragraphs (2) to (9).
2
In regulation 3(1) (interpretation) —
a
for the definition of “the 1970 Directive” substitute —
“the Framework Directive” means Directive 2007/46/ EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ;
;
b
for the definition of “category” substitute —
“category” has the same meaning as in the Framework Directive;
;
c
omit the definition of “ EEA State”;
d
for the definition of “family of types” substitute —
“family of types” means two or more types of vehicle which do not differ in the following essential respects–
the manufacturer,
the category,
essential aspects of construction and design,
the chassis or floor pan,
the type of power plant (namely internal combustion, electric or hybrid), and
the number of axles;
.
3
In regulation 3(2), for “Annex IIA of the 1970 Directive” substitute “Annex II to the Framework Directive”.
4
In regulation 4 (application of regulations), for paragraph (1) substitute —
1
These Regulations apply to —
a
every motor vehicle within category M1 which is a special purpose vehicle within the meaning of Annex II to the Framework Directive, and
b
every motor vehicle to which the 1982 Regulations apply which —
i
has a design gross weight not exceeding 3500 kg , or
ii
complies with the requirements specified in paragraph (2).
.
5
In regulation 5 (approval requirements for relevant vehicles), for paragraph (7) substitute —
7
Where a provision of any Community instrument or ECE Regulation is applied by Schedule 4, that provision shall (unless the contrary intention appears) have effect in relation to a goods vehicle as it has effect in relation to a vehicle of category N1.
.
6
In regulation 5(8A), for “EEA State” substitute “member State”.
7
Omit regulation 6(8).
8
In Schedule 2, in paragraph 1 (meaning of “Schedule 2 vehicles”), for “Annex IIA of the 1970 Directive” in each place where the words occur substitute “Annex II to the Framework Directive”.
9
In Schedule 3 (approval requirements for relevant vehicles), in column 4 of item 6, for “Annex IIA of the 1970 Directive” substitute “Annex II to the Framework Directive”.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
30th March 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the George Eliot Hospital National Health Service Trust (Establishment) Amendment Order 2009 and shall come into force on 1st July 2009.
2
In this Order —
“the Establishment Order ” means the George Eliot Hospital National Health Service Trust (Establishment) Order 1993 .
Amendment of article 1 of the Establishment Order
2
In article 1 of the Establishment Order (citation, commencement and interpretation), in paragraph (2) —
a
for the definition of “ the Act ” substitute —
“the Act” means the National Health Service Act 2006;
b
after the definition of “the Act”, insert —
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or paragraph 2 or 7A of Schedule 1 to, the Act and any service which he has a duty to provide under paragraph 1 or 8 of that Schedule;
;
c
in the definition of “operational date”, for “paragraph 3(1)(e) of Schedule 2 to the Act” substitute “paragraph 5(5) of Schedule 4 to the Act”; and
d
after the definition of “operational date” insert —
“primary care services” means primary medical services, primary dental services, primary ophthalmic services and pharmaceutical services ;
.
Amendment of nature and functions of the trust
3
In article 3 of the Establishment Order (nature and functions of the trust) —
a
in paragraph (1), for “5(1) of the Act” substitute “25(1) of the Act”; and
b
for paragraph (2) substitute —
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, community health services and primary care services, for the purposes of the health service.
.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
18th June 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health in Pregnancy Grant (Notices, Revisions and Appeals) (No. 2) Regulations 2009 and shall come into force —
a
for the purposes of regulation 11, on 5th April 2009; and
b
for all other purposes, on 6th April 2009.
2
In these Regulations —
“the Administration Regulations ” means the Health in Pregnancy Grant (Administration) Regulations 2008 ;
“appeal” means an appeal under section 12 of the 1998 Act or under Article 14 of the 1998 Order ;
“appropriate office” means the Health in Pregnancy Grant Office, Waterview Park, Washington, Tyne and Wear, England;
“claimant” means a person who has claimed health in pregnancy grant;
“ the Commissioners ” means the Commissioners for Her Majesty’s Revenue and Customs;
“the Entitlement Regulations ” means the Health in Pregnancy Grant (Entitlement and Amount) Regulations 2008 ;
“health in pregnancy grant decision” means a decision in respect of health in pregnancy grant made under either section 8 of the 1998 Act or Article 9 of the 1998 Order;
“month” means calendar month;
“the 1998 Act” means the Social Security Act 1998;
“the 1998 Order” means the Social Security (Northern Ireland) Order 1998;
“official error” means an error made by an officer of Her Majesty’s Revenue and Customs acting as such, or a person providing services to the Commissioners; but does not include an error of law which is shown to have been an error by virtue of a subsequent decision of any Tribunal or Court;
“partner” has the meaning under regulation 1(2) of the Administration Regulations;
“Tribunal” means an appeal tribunal constituted under the Tribunals, Courts and Enforcement Act 2007 , or, in relation to Northern Ireland, a tribunal constituted under the 1998 Order;
“ Tribunal Procedure Rules ” means the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 .
Notice of decision and right of appeal
2
1
A person with a right of appeal against a health in pregnancy grant decision must —
a
be given written notice of the decision;
b
be informed that, in a case where that written notice does not include a statement of the reasons for that decision, that person may, within one month of the notification of that decision, request that the Commissioners provide them with a written statement of the reasons for that decision; and
c
be given written notice of the right of appeal against that decision.
2
If the Commissioners are requested under paragraph (1)(b) to provide a written statement of the reasons for the decision, they shall provide the statement within 14 days of notification of the request or as soon as practicable afterwards.
3
Where —
a
any notice or other document is required to be given or sent to the Commissioners, that notice or document shall be treated as having been so given or sent on the day that it is received by the Commissioners; and
b
any notice, including notification of a health in pregnancy grant decision, or other document is required to be given or sent to any person other than the Commissioners, that notice or document shall, if sent by post to that person’s last known address, be treated as having been given or sent on the day that it was posted.
Grounds for revision of decisions
3
1
A health in pregnancy grant decision may be revised by the Commissioners on any grounds if —
a
the Commissioners commence action leading to the revision within one month of the date of notification of the decision; or
b
a request for the revision was received by the Commissioners at an appropriate office —
i
within one month of the date of notification of the decision; or,
ii
if a written statement of the reasons for the decision was requested under regulation 2(1)(b), within one month of the date that it is sent.
2
Paragraph (1)(b) is subject to regulation 5.
3
Where the decision on health in pregnancy grant arose from official error, or ignorance of, or mistake as to a material fact, it may be revised by the Commissioners at any time.
In this paragraph, “decision” includes a revised decision.
Procedure for revision of decisions
4
1
The Commissioners may request by notice to the claimant further evidence or information as regards any revision under regulation 3.
2
On a request for further evidence or information in relation to a request for revision from a claimant —
a
if the claimant provides relevant further evidence or information within one month of the date of notification or such longer period of time as the Commissioners may allow, the decision may be revised;
b
if the claimant does not provide such evidence or information within that time, the decision may be revised on the basis of the request for revision.
3
The date on which a revised decision is to take effect is the date on which the claimant is notified of the revised decision, and regulation 2(3)(b) applies to the notification of the revised decision.
Appeals against decisions which have been revised
5
1
Where a health in pregnancy grant decision has been appealed and is subsequently revised by the Commissioners, unless the revision resulted in an award of health in pregnancy grant —
a
the appeal shall be treated as though it had been brought against the decision as revised; and
b
the claimant shall have a period of one month from the date of notification of the decision as revised to make further representations as to the appeal.
2
After the expiration of the period specified in paragraph (1), or within that period if the claimant consents in writing, the appeal shall proceed unless, in the light of further representations from the claimant, the Commissioners further revise their decision, resulting in an award of health in pregnancy grant.
Late applications for revision of decisions
6
1
The Commissioners may extend the time limits specified in regulation 3(1)(b) if —
a
an application for an extension of time is made to the Commissioners by the claimant or a person acting on her behalf; and
b
the application for the extension of time —
i
contains particulars of the grounds on which the extension is sought;
ii
contains sufficient details of the decision which it is sought to have revised so as to enable it to be identified; and
iii
is made within 12 months of the latest date by which an application should have been received by the Commissioners in accordance with regulation 3(1)(b).
2
An application for an extension of time shall not be granted unless the Commissioners are satisfied that —
a
it is reasonable to grant it; and
b
special circumstances apply.
3
The special circumstances specified in paragraph (2) are that —
a
the claimant or her partner or a dependant of the claimant has died or suffered serious illness;
b
the claimant is not resident in the United Kingdom; or
c
normal postal services were disrupted.
4
In determining whether it is reasonable to grant an application for an extension of time, the Commissioners must have regard to the principle that the greater the amount of time that has elapsed between the expiration of the time limits specified in regulation 3(1)(b) and the making of the application the more compelling the special circumstances in (3) must be.
5
In determining whether it is reasonable to grant an application for an extension of time, the Commissioners may take no account of the following —
a
that the claimant or any person acting for her was unaware of or misunderstood the law applicable to her case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or
b
that any tribunal or Court has taken a different view of the law from that previously understood and applied.
6
An application for an extension of time which has been refused may not be renewed.
Time within which an appeal is to be brought
7
1
The time within which that appeal must be brought is —
a
within one month of notification of the decision or revised decision; or
b
if a written statement of the reasons for the decision was requested under regulation 2(1)(b), within one month of the date of notification.
2
If a dispute arises as to whether an appeal was brought within the time limit specified in this regulation, the dispute must be referred to, and be determined by, the Tribunal.
3
The time limit specified in paragraph (1) for bringing an appeal may be extended —
a
by the Commissioners in accordance with regulation 8; or
b
in Northern Ireland, by the Tribunal in accordance with the Tribunal Procedural Rules.
Late appeals to the Tribunal
8
1
The Commissioners may treat a late appeal as made in time if the conditions in paragraphs (2) to (6) are satisfied.
2
An appeal may be treated as made in time if the Commissioners are satisfied that it is in the interests of justice to do so.
3
For the purposes of paragraph (2) it is not in the interests of justice to treat the appeal as made in time unless the Commissioners are satisfied that —
a
the special circumstances specified in paragraph (4) are relevant; or
b
some other special circumstances exist which are wholly exceptional and relevant,
and as a result of those special circumstances, it was not practicable for the appeal to be made within the time limit specified in regulation 7.
4
For the purposes of paragraph (3), the special circumstances are that —
a
the claimant or her partner or a dependant of the claimant has died or suffered serious illness;
b
the claimant is not resident in the United Kingdom; or
c
normal postal services were disrupted.
5
In determining whether it is in the interests of justice to treat the appeal as made in time, regard shall be had to the principle that the greater the amount of time that has elapsed between the expiration of the time limit under regulation 7 and the submission of the notice of appeal, the more compelling should be the special circumstances.
6
In determining whether it is in the interests of justice to treat the appeal as made in time, no account shall be taken of the following —
a
that the claimant or any person acting for her was unaware of or misunderstood the law applicable to her case (including ignorance or misunderstanding of the time limits imposed by regulation 7); or
b
that any Tribunal or a court has taken a different view of the law from that previously understood and applied.
Appeals procedure
9
1
A notice of appeal shall be —
a
made, in Northern Ireland, in accordance with Tribunal Procedure Rules;
b
on a form approved by the Commissioners; and
c
sent or delivered to an appropriate office.
2
Where a form does not contain the information required under the Tribunal Procedure Rules, the form may be returned by Commissioners to the sender for completion in accordance with the Tribunal Procedure Rules.
3
Where a notice of appeal made in writing otherwise than on the approved form does not include sufficient information to enable the appeal to continue, the Commissioners may request further information in writing (“further particulars”) from the claimant.
4
Where a claimant to whom a notice of appeal is returned, or from whom further particulars are requested, duly completes and returns the notice or sends the further particulars, if the notice or particulars, as the case may be, are received by the Commissioners within —
a
14 days of the date on which the notice was returned to her by the Commissioners, the time for making the appeal shall be extended by 14 days from the date on which the notice was returned;
b
14 days of the date on which the Commissioners’ request was made, the time for making the appeal shall be extended by 14 days from the date of the request; or
c
such longer period as the Commissioners may direct, the time for making the appeal shall be extended by a period equal to that longer period directed by the Commissioners.
5
Where a claimant to whom a notice of appeal is returned or from whom further particulars are requested does not complete and return the notice or send further particulars within the period of time identified under paragraph (4) —
a
the Commissioners shall forward a copy of the notice, together with any other relevant documents or evidence to the Tribunal, and
b
the Tribunal, in Northern Ireland, shall determine whether the notice satisfies the requirements of Tribunal Procedure Rules.
6
Where —
a
a notice of appeal is duly completed and returned or further particulars are sent after the expiry of the period of time allowed in accordance with paragraph (4), and
b
no determination has been made under paragraph (5) at the time the form or the further particulars are received by the Commissioners,
that notice or further particulars shall also be forwarded to the Tribunal which shall take into account any further information or evidence set out in the form or further particulars.
7
The Commissioners may discontinue action on an appeal where —
a
the notice of appeal has not been forwarded to the Tribunal and the claimant or an authorised representative of the claimant has given written notice that she does not wish the appeal to continue; or
b
the decision against which the appeal was made has been revised by the Commissioners in favour of the claimant.
Death of a party to an appeal
10
1
On the death of the claimant, the Commissioners may appoint such person as they think fit to proceed with the appeal in her place.
2
If a person appointed under paragraph (1) has, prior to the date of such appointment, taken any action in relation to the appeal on behalf of the deceased party, the effective date of appointment by the Commissioners shall be the day immediately prior to the first day on which such action was taken.
Revocation
11
The Health in Pregnancy (Notices, Revisions and Appeals) Regulations 2009 are revoked.
Steve Lamey
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
20th March 2009


text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit (Amendment) Regulations 2009 and shall come into force on 6th April 2009.
Amendment of the Housing Benefit Regulations 2006
2
1
The Housing Benefit Regulations 2006 shall be amended as follows.
2
Before regulation 13 insert —
Transitional protection – larger properties
12L
1
This regulation applies where —
a
reference was made to a maximum rent ( LHA ) in determining the amount of the eligible rent which applied immediately before 6th April 2009;
b
the category of dwelling for which that maximum rent (LHA) was determined corresponded to a category of six or more bedrooms; and
c
on or after 6th April 2009 the relevant authority is required to determine a maximum rent (LHA) by virtue of —
i
regulation 13C(2)(d)(i) (change of category of dwelling), where it has not received notification of the death of a linked person; or
ii
regulation 13C(3) (anniversary of the LHA date).
2
Where this regulation applies, the claimant’s eligible rent is —
a
the maximum rent (LHA) where that is equal to or higher than the eligible rent that applied immediately before 6th April 2009; or
b
the amount of the eligible rent which applied immediately before 6th April 2009.
3
Where the eligible rent is the amount of the eligible rent which applied immediately before 6th April 2009, it will continue to apply until, on or after 6th April 2009, the first of the following events occurs —
a
the end of 26 weeks after the determination of the maximum rent (LHA) referred to in paragraph (1)(c);
b
the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C (when a maximum rent (LHA) is to be determined) because the claimant has become entitled to a smaller category of dwelling;
c
the relevant authority is required to determine an eligible rent following a change of dwelling; or
d
the relevant authority is required to determine an eligible rent in accordance with regulation 12D(3) (protection on death).
4
Where the eligible rent ceases to apply because of paragraph (3)(a), the eligible rent will be the maximum rent (LHA) which would have applied but for the transitional protection in paragraph (2)(b).
5
Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D.
.
3
In regulation 13D (determination of a maximum rent (LHA)) —
a
in paragraph (2)(c), at the end add “to a maximum of five bedrooms”; and
b
omit paragraph (7).
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
3
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 shall be amended as follows.
2
Before regulation 13 insert —
Transitional protection – larger properties
12L
1
This regulation applies where —
a
reference was made to a maximum rent (LHA) in determining the amount of the eligible rent which applied immediately before 6th April 2009;
b
the category of dwelling for which that maximum rent (LHA) was determined corresponded to a category of six or more bedrooms; and
c
on or after 6th April 2009 the relevant authority is required to determine a maximum rent (LHA) by virtue of —
i
regulation 13C(2)(d)(i) (change of category of dwelling), where it has not received notification of the death of a linked person; or
ii
regulation 13C(3) (anniversary of the LHA date).
2
Where this regulation applies, the claimant’s eligible rent is —
a
the maximum rent (LHA) where that is equal to or higher than the eligible rent that applied immediately before 6th April 2009; or
b
the amount of the eligible rent which applied immediately before 6th April 2009.
3
Where the eligible rent is the amount of the eligible rent which applied immediately before 6th April 2009, it will continue to apply until, on or after 6th April 2009, the first of the following events occurs —
a
the end of 26 weeks after the determination of the maximum rent (LHA) referred to in paragraph (1)(c);
b
the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C (when a maximum rent (LHA) is to be determined) because the claimant has become entitled to a smaller category of dwelling;
c
the relevant authority is required to determine an eligible rent following a change of dwelling; or
d
the relevant authority is required to determine an eligible rent in accordance with regulation 12D(3) (protection on death).
4
Where the eligible rent ceases to apply because of paragraph (3)(a), the eligible rent will be the maximum rent (LHA) which would have applied but for the transitional protection in paragraph (2)(b).
5
Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D.
.
3
In regulation 13D (determination of a maximum rent (LHA)) —
a
in paragraph (2)(c), at the end add “to a maximum of five bedrooms”; and
b
omit paragraph (7).
Signed by authority of the Secretary of State for Work and Pensions
Kitty Ussher
Parliamentary Under Secretary of State
Department for Work and Pensions
10th March 2009