text:
PART 1 INTRODUCTORY
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the National Health Service (Reimbursement of the Cost of EEA Treatment) Regulations 2010 and come into force on 1 June 2010.
2
These Regulations extend to England and Wales only.
3
In these Regulations —
“the NHS Act ” means the National Health Service Act 2006,
“the NHS (Wales) Act ” means the National Health Service (Wales) Act 2006 .
PART 2 AMENDMENTS TO THE NATIONAL HEALTH SERVICE ACT 2006
Reimbursement of the costs of treatment in another EEA state (England)
2
After section 6 of the NHS Act, insert —
Reimbursement of cost of services provided in another EEA state
6A
1
The Secretary of State must, on an application made by any person, reimburse to that person the amount of any qualifying EEA expenditure incurred by that person on or after 23 August 2010, but this is subject to subsections (5) and (6), to any limit applicable under subsection (8) and to any deduction applicable under subsection (9).
2
For the purpose of this section, “qualifying EEA expenditure” is expenditure incurred on the provision by an authorised provider, in an EEA state other than the United Kingdom, to a person ordinarily resident in England (“the patient”) of a service as respects which condition A or condition B is met.
3
Condition A is that the service —
a
was necessary to treat or diagnose a medical condition of the patient,
b
is the same as or equivalent to a service that the Secretary of State or a responsible authority would make or have made available to the patient under this Act in the circumstances of the patient’s case, and
c
is not a special service.
4
Condition B is that before the service was provided the Secretary of State had given authorisation under section 6B for the provision of the service to the patient.
5
The duty in subsection (1) does not apply where the applicant incurred the qualifying expenditure in connection with an arrangement which was entered into by the applicant in the course of business and under which the applicant has gained or might be expected to gain any financial benefit.
6
This section does not apply in circumstances where Article 20 or 27(3) of Regulation (EC) No. 883/2004 apply.
7
Subsections (8) and (9) apply where the service is the same as or equivalent to a service that the Secretary of State or a responsible authority would have made available to the patient under this Act in the circumstances of the patient’s case.
8
The Secretary of State may limit the amount of any reimbursement under this section —
a
in relation to a service other than a dental service, to the cost that the Secretary of State or a responsible authority would have incurred if the same or an equivalent service had been made available by either of them, and
b
in relation to a dental service, to the average cost that the Secretary of State or a responsible authority would have incurred if the same or an equivalent service had been made available by either of them.
9
The Secretary of State may deduct from any reimbursement under this section the amount of any NHS charge which would have been payable for the same service or an equivalent service if the service had been made available by the Secretary of State or a responsible authority; and in determining for this purpose the amount of any NHS charge regard shall be had to any entitlement the patient would have had —
a
to any payment or contribution by virtue of regulations made under section 180(1) or (3), or
b
to any remission or repayment by virtue of regulations made under section 182.
10
The Secretary of State may determine —
a
the form in which an application under this section must be made, and
b
the information to be provided in support of the application.
11
In this section and section 6B —
“authorised provider”, in relation to any service provided in an EEA state other than the United Kingdom, means a person who is lawfully providing that service;
“NHS charge” means a charge payable under regulations made under section 172(1), 176(1) or 179(1);
“responsible authority” means, in relation to a patient, a Strategic Health Authority or Primary Care Trust responsible under or by virtue of this Act for providing or securing the provision of services for the benefit of the patient;
“special service” means —
a service that involves a stay in hospital accommodation for at least one night,
medical treatment that involves general anaesthesia, epidural anaesthesia or intravenously administered sedation,
dental treatment that involves general anaesthesia or intravenously administered sedation, or
a service whose provision involves the use of specialised or cost-intensive medical infrastructure or medical equipment;
“service” includes any goods, including drugs, medicines and appliances, which are used or supplied in connection with the provision of a service, but does not include accommodation other than hospital accommodation.
Prior authorisation for the purposes of section 6A
6B
1
A person may apply to the Secretary of State under this section for prior authorisation for the purposes of section 6A in relation to the provision of a service (“the requested service”) to a person ordinarily resident in England (“the patient”).
2
The requested service must be —
a
a special service, or
b
a service that is neither the same as nor equivalent to a service that the Secretary of State or a responsible authority would make available to the patient under this Act in the circumstances of the patient’s case.
3
The Secretary of State may determine —
a
the form in which an application under this section must be made, and
b
the information to be provided in support of the application.
4
The Secretary of State —
a
must authorise the provision of the requested service if it is a special service and the conditions in subsection (5) are met, and
b
may authorise the provision of the requested service in any other case where the requested service is necessary to treat or diagnose a medical condition of the patient.
5
The conditions referred to in subsection (4)(a) are —
a
that the requested service is necessary to treat or diagnose a medical condition of the patient,
b
that the requested service is the same as or equivalent to a service that the Secretary of State or a responsible authority would make available to the patient in the circumstances of the patient’s case, and
c
that the Secretary or State or a responsible authority cannot provide to the patient a service that is the same as or equivalent to the requested service within a period of time that is acceptable on the basis of medical evidence as to the patient’s clinical needs, taking into account the patient’s state of health at the time the decision under this section is made and the probable course of the medical condition to which the service relates.
6
The matters to which the Secretary of State is to have regard in determining for the purpose of subsection (5)(c) whether the length of any delay is acceptable include —
a
the patient’s medical history,
b
the extent of any pain, disability, discomfort or other suffering that is attributable to the medical condition to which the service is to relate,
c
whether any such pain, disability, discomfort or suffering makes it impossible or extremely difficult for the patient to carry out ordinary daily tasks, and
d
the extent to which the provision of the service would be likely to alleviate, or enable the alleviation of, the pain, disability, discomfort or suffering.
7
Any authorisation under this section must be in writing.
.
Payment of travelling expenses
3
In section 183 (payment of travelling expenses) of the NHS Act, for paragraph (a) substitute —
a
for the payment by the Secretary of State, a Primary Care Trust, an NHS trust or an NHS foundation trust, in such cases as may be prescribed, of travelling expenses (including the travelling expenses of a companion) incurred or to be incurred for the purpose of their obtaining —
i
any services provided under this Act,
ii
any services in respect of which the costs are reimbursable under section 6A, or
iii
any services authorised to be received in another EEA state or Switzerland under Article 20 or Article 27(3) of Regulation (EC) No. 883/2004 ,
.
Interpretation
4
In section 275(1) (interpretation) of the NHS Act, after the definition of “registered pharmacist” insert the following definition —
“Regulation (EC) No. 883/2004 ” means Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems,
.
PART 3 AMENDMENTS TO THE NATIONAL HEALTH SERVICE (WALES) ACT 2006
Reimbursement of the costs of treatment in another EEA state (Wales)
5
After section 6 of the NHS (Wales) Act, insert —
Reimbursement of cost of services provided in another EEA state
6A
1
The Welsh Ministers must, on an application made by any person, reimburse to that person the amount of any qualifying EEA expenditure incurred by that person on or after 23 August 2010, but this is subject to subsections (5) and (6), to any limit applicable under subsection (8) and to any deduction applicable under subsection (9).
2
For the purpose of this section, “qualifying EEA expenditure” is expenditure incurred on the provision by an authorised provider, in an EEA state other than the United Kingdom, to a person ordinarily resident in Wales (“the patient”) of a service as respects which condition A or condition B is met.
3
Condition A is that the service —
a
was necessary to treat or diagnose a medical condition of the patient,
b
is the same as or equivalent to a service that the Welsh Ministers or the Local Health Board in whose area the patient usually resides would make or have made available to the patient under this Act in the circumstances of the patient’s case, and
c
is not a special service.
4
Condition B is that before the service was provided the Welsh Ministers had given authorisation under section 6B for the provision of the service to the patient.
5
The duty in subsection (1) does not apply where the applicant incurred the qualifying expenditure in connection with an arrangement which was entered into by the applicant in the course of business and under which the applicant has gained or might be expected to gain any financial benefit.
6
This section does not apply in circumstances where Article 20 or 27(3) of Regulation (EC) No. 883/2004 apply.
7
Subsections (8) and (9) apply where the service is the same as or equivalent to a service that the Welsh Ministers or the Local Health Board in whose area the patient usually resides would have made available to the patient under this Act in the circumstances of the patient’s case.
8
The Welsh Ministers may limit the amount of any reimbursement under this section —
a
in relation to a service other than a dental service, to the cost that the Welsh Ministers or the Local Health Board would have incurred if the same or an equivalent service had been made available by either of them, and
b
in relation to a dental service, to the average cost that the Welsh Ministers or the Local Health Board would have incurred if the same or an equivalent service had been made available by either of them.
9
The Welsh Ministers may deduct from any reimbursement under this section the amount of any NHS charge which would have been payable for the same service or an equivalent service if the service had been made available by the Welsh Ministers or the Local Health Board; and in determining for this purpose the amount of any NHS charge regard shall be had to any entitlement the patient would have had —
a
to any payment or contribution by virtue of regulations made under section 129(1) or (3), or
b
to any remission or repayment by virtue of regulations made under section 130.
10
The Welsh Ministers may determine —
a
the form in which an application under this section must be made, and
b
the information to be provided in support of the application.
11
In this section and section 6B —
“authorised provider”, in relation to any service provided in an EEA state other than the United Kingdom, means a person who is lawfully providing that service;
“NHS charge” means a charge payable under regulations made under section 121(1), 125(1) or 128(1);
“special service” means —
a service that involves a stay in hospital accommodation for at least one night,
medical treatment that involves general anaesthesia, epidural anaesthesia or intravenously administered sedation,
dental treatment that involves general anaesthesia or intravenously administered sedation, or
a service whose provision involves the use of specialised or cost-intensive medical infrastructure or medical equipment;
“service” includes any goods, including drugs, medicines and appliances, which are used or supplied in connection with the provision of a service, but does not include accommodation other than hospital accommodation.
Prior authorisation for the purposes of section 6A
6B
1
A person may apply to the Welsh Ministers under this section for prior authorisation for the purposes of section 6A in relation to the provision of a service (“the requested service”) to a person ordinarily resident in Wales (“the patient”).
2
The requested service must be —
a
a special service, or
b
a service that is neither the same as nor equivalent to a service that the Welsh Ministers or the Local Health Board in whose area the patient usually resides would make available to the patient under this Act in the circumstances of the patient’s case.
3
The Welsh Ministers may determine —
a
the form in which an application under this section must be made, and
b
the information to be provided in support of the application.
4
The Welsh Ministers —
a
must authorise the provision of the requested service if it is a special service and the conditions in subsection (5) are met, and
b
may authorise the provision of the requested service in any other case where the requested service is necessary to treat or diagnose a medical condition of the patient.
5
The conditions referred to in subsection (4)(a) are —
a
that the requested service is necessary to treat or diagnose a medical condition of the patient,
b
that the requested service is the same as or equivalent to a service that the Welsh Ministers or the Local Health Board in whose area the patient usually resides would make available to the patient in the circumstances of the patient’s case, and
c
that the Welsh Ministers or the Local Health Board cannot provide to the patient a service that is the same as or equivalent to the requested service within a period of time that is acceptable on the basis of medical evidence as to the patient’s clinical needs, taking into account the patient’s state of health at the time the decision under this section is made and the probable course of the medical condition to which the service relates.
6
The matters to which the Welsh Ministers are to have regard in determining for the purpose of subsection (5)(c) whether the length of any delay is acceptable include —
a
the patient’s medical history,
b
the extent of any pain, disability, discomfort or other suffering that is attributable to the medical condition to which the service is to relate,
c
whether any such pain, disability, discomfort or suffering makes it impossible or extremely difficult for the patient to carry out ordinary daily tasks, and
d
the extent to which the provision of the service would be likely to alleviate, or enable the alleviation of, the pain, disability, discomfort or suffering.
7
Any authorisation under this section must be in writing.
.
Payment of travelling expenses
6
In section 131 (payment of travelling expenses) of the NHS (Wales) Act, for paragraph (a) substitute —
a
for the payment by the Welsh Ministers, a Local Health Board or an NHS trust, in such cases as may be prescribed, of travelling expenses (including the travelling expenses of a companion) incurred or to be incurred for the purpose of their obtaining —
i
any services provided under this Act,
ii
any services in respect of which the costs are reimbursable under section 6A, or
iii
any services authorised to be received in another EEA state or Switzerland under Article 20 or Article 27(3) of Regulation (EC) No. 883/2004 ,
.
Interpretation
7
In section 206(1) (interpretation) of the NHS (Wales) Act, after the definition of “registered pharmacist” insert the following definition —
“Regulation (EC) No. 883/2004 ” means Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems,
.
PART 4 AMENDMENTS TO REGULATIONS
Amendment to NHS Functions Regulations
8
In Part 2 of Schedule 1 to the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 (Secretary of State functions exercisable by (A) Primary Care Trusts and (B) Strategic Health Authorities for specified purposes only), in the entry relating to the 2006 Act insert the following entries before the entry to Schedule 3, paragraph 11 (3) of that Act —
section 6A Determining requests for reimbursement and reimbursing the costs of services provided in an EEA state other than the United Kingdom and determining the form to be used for, and information to be provided with, an application for reimbursement. section 6B Determining requests for prior authorisation and determining the form to be used for, and information to be provided with, an application for prior authorisation.
.
Signed by authority of the Secretary of State for Health.
Gillian Merron
Minister of State,
Department of Health
23rd March 2010


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Tax Avoidance Schemes (Information) (Amendment) ( No. 2) Regulations 2010 and come into force on 1st January 2011.
Amendment of the Tax Avoidance Schemes (Information) Regulations 2004
2
Amend the Tax Avoidance Schemes (Information) Regulations 2004 as follows.
3
After regulation 8 insert —
Prescribed information under section 313ZA: information and timing
8ZA
1
For the purposes of section 313ZA(3) (duty of promoter to provide client lists) —
a
the prescribed period is 30 days;
b
the prescribed information is —
i
any reference number allocated by HMRC under section 311 to the arrangements (or to a proposal for them) to which the information provided relates;
ii
the name and address of each client in relation to whom the relevant date occurs in the relevant period in relation to which the information is being provided;
ii
the promoter’s name and address; and
iv
the end date of the relevant period in relation to which the information is being provided.
c
in sub-paragraph (b)(ii) the address of the client is the address to which the promoter has sent or would have sent the prescribed information under section 312.
2
For the purposes of section 313ZA(4) the relevant period is each calendar quarter.
.
4
For regulation 8B substitute —
Higher rate of penalty following a failure to comply with an order under section 306A or 314A
8B
1
For the purposes of section 98C(2A) of the Taxes Management Act 1970 (higher rate of penalty after the making of an order under section 306A the prescribed period is the period of 10 days beginning on the date on which the order is made.
2
For the purposes of section 98C(2B) of the Taxes Management Act 1970 (higher rate of penalty after the making of an order under section 314A) the prescribed period is the period of 10 days beginning on the date on which the order is made.
.
5
After regulation 8B insert —
Prescribed information under section 313C: information and timing
8C
1
For the purposes of section 313C(1) (information provided to introducers) the prescribed information is —
a
P’s name and address; and
b
the name and address of each person who has provided P with any information relating to the proposal.
2
For the purposes of section 313C(3)(a) the prescribed period is 10 days.
.
Steve Lamey
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
8th December 2010


text:
Citation, commencement and application
1
This Order —
a
may be cited as the Spring Traps Approval (Variation) (England) Order 2010;
b
comes into force on 24th December 2010; and
c
applies in relation to England only .
Variation of the Spring Traps Approval Order 1995
2
Part 2 (England) of the Schedule to the Spring Traps Approval Order 1995 is varied —
a
by inserting the following entry after the entry for the Solway Spring Trap Mk 6 —
in Column (1)
Type and make of trap
in Column (2)
Conditions
VS squirrel trap manufactured by, or under licence from, Pescon Services, 394 York Road, Stevenage, Hertfordshire, SG1 4EN. The trap shall be used only for the purpose of killing grey squirrels.
The trap must be set within the artificial tunnel supplied by the manufacturer as part of the trap, and used in accordance with the instructions (if any) provided by the manufacturer.
;
b
by inserting the following entry after the entry for the WCS Tube Trap —
in Column (1)
Type and make of trap
in Column (2)
Conditions
WiseTrap 110 (article number 100110 or 110110), WiseTrap 160 (article number 100160, 110160, 101160 or 111160), WiseTrap 200 (article number 100200, 110200, 101200 or 111200), and WiseTrap 250 (article number 101250 or 111250) manufactured by WiseCon A/S, Skovgaardsvej 25, DK-3200 Helsinge, Denmark. The trap shall be used only for the purpose of killing rats.
The trap must be set in a sewer, drainpipe, or similar structure, and used in accordance with the instructions (if any) provided by the manufacturer.
.
Henley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
1st December 2010


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Tobacco Advertising and Promotion (Specialist Tobacconists) (England) Regulations 2010 and come into force on 1st October 2013.
2
These Regulations apply to England.
3
In these Regulations “ the Act ” means the Tobacco Advertising and Promotion Act 2002.
Advertising in specialist tobacconists
2
1
No offence is committed under section 2 of the Act (prohibition of tobacco advertising) if a tobacco advertisement —
a
is in a specialist tobacconist ;
b
is not for cigarettes or hand-rolling tobacco; and
c
complies with the requirements specified in the following paragraphs.
2
A tobacco advertisement must not be visible from outside of the premises of the specialist tobacconist.
3
Each advertisement must include an area (“the information area”) in which are displayed —
a
a health warning as specified in paragraph (4); and
b
the following health information —
“ NHS Smoking Helpline 0800 169 0 169”
.
4
The health warning must state —
a
in a case where not more than half of the area of an advertisement other than the information area (“the advertisement area”) is used to advertise tobacco products which are intended to be smoked —
“Smoking kills”; or
“Smoking seriously harms you and others around you”
; and
b
in any other case–
“Tobacco products can seriously damage your health and are addictive”
.
5
The information area under paragraph (3) must be —
a
in a case where the total area of the advertisement exceeds 75 square centimetres, at least 22.5 square centimetres; and
b
in any other case, not less than 30% of the total area of the advertisement,
and, for the purposes of this paragraph, the total area of the advertisement means the advertisement area and the information area.
6
The health warning and health information which are required to be displayed under paragraph (3) must be —
a
indelible;
b
legible;
c
printed in black Helvetica bold type on a white background;
d
in a font size consistent throughout the text which ensures that the text occupies the greatest possible proportion of the information area;
e
in upper case and lower case type as used in the health information in paragraph (3) or, as the case may be, in the health warning in question in paragraph (4);
f
centred in the area in which the text is required to be printed;
g
displayed parallel to the floor;
h
surrounded by a black border outside the information area, which shall be not less than 3 millimetres and not more than 4 millimetres in width, which does not interfere with the text of the warning or information; and
i
irremovably printed on the advertisement or affixed to the advertisement by means of an irremovable sticker.
Display of tobacco products in specialist tobacconists
3
No offence is committed under section 7A(1) of the Act (prohibition of tobacco displays) by a display of tobacco products if the display is —
a
in a specialist tobacconist; and
b
not visible from outside of the premises of the specialist tobacconist.
Revocation
4
The Tobacco Advertising and Promotion (Specialist Tobacconists) Regulations 2004 are revoked.
Signed by authority of the Secretary of State for Health
Gillian Merron
Minister of State,
Department of Health
23rd February 2010


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments) (No. 2) Regulations 2010 and come into force on 14th November 2010.
Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
2
The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 are amended as follows.
3
1
Regulation 5 (time off in connection with childbirth and adoption) is amended as follows —
2
In paragraph 1(d) for “statutory paternity pay” substitute “ordinary statutory paternity pay”.
3
After paragraph (1)(d) insert —
da
is paid additional statutory paternity pay,
.
4
For paragraph (1)(e) substitute —
e
is absent from work during an ordinary paternity leave period under sections 80A or 80B of the Employment Rights Act 1996 or Articles 112A or 112B of the Employment Rights (Northern Ireland) Order 1996 ,
.
5
After paragraph (1)(e) insert —
ea
is absent from work during an additional paternity leave period under sections 80AA or 80BB of the Employment Rights Act 1996 or Articles 112AA or 112BB of the Employment Rights (Northern Ireland) Order 1996 ,
.
6
In paragraph (2) for “paragraph (3)” substitute “paragraphs (3) and (3A)”.
7
After paragraph (3) insert —
3A
A person shall only be treated as being engaged in qualifying remunerative work by virtue of paragraph (1)(ea) for such period as that person would have been paid additional statutory paternity pay had the conditions of entitlement in Parts 2 or 3 of the Additional Statutory Paternity Pay (General) Regulations 2010 or Parts 2 or 3 of the Additional Statutory Paternity Pay (General) Regulations (Northern Ireland) 2010 been satisfied.
.
Amendment of the Tax Credits (Definition and Calculation of Income) Regulations 2002
4
The Tax Credits (Definition and Calculation of Income) Regulations 2002 are amended as follows.
5
In regulation 4(1)(h) (employment income) for “statutory paternity pay” substitute “ordinary statutory paternity pay, additional statutory paternity pay”.
6
In regulation 7 (social security income) in item 21A of Table 3 for “Statutory paternity pay” substitute “Ordinary statutory paternity pay and additional statutory paternity pay”.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
13th October 2010


text:
PART 1 Introductory
Citation and commencement
1
These Regulations may be cited as the Ecodesign for Energy-Related Products Regulations 2010 and come into force on 20th November 2010.
Interpretation
2
1
In these Regulations —
“applicable implementing measure” means in relation to an energy-related product mentioned in the left hand column of the table in paragraph 4 of Schedule 1, the implementing measure referred to in the right hand column of that table;
“authorised person” means a person authorised by the market surveillance authority in accordance with regulation 12;
“the Marketing Decision” means Decision No 768/2008/ EC of the European Parliament and of the Council on a common framework for the marketing of products and repealing Council Decision 93/465/ EEC ; and
“ RAMS ” means Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation EEC No 339/93 of the European Parliament and of the Council .
2
Expressions not defined in paragraph (1) which are used in these Regulations and —
a
in an implementing measure;
b
in Directive 2009/125/EC of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for energy-related products ;
c
in RAMS; or
d
in the Marketing Decision,
have the meaning they bear in that implementing measure, Directive, RAMS or the Marketing Decision.
PART 2 Restrictions on energy-related products, conformity assessments, declarations of conformity and the CE marking
Restrictions on energy-related products
3
1
A manufacturer must not place on the market or put into service an energy-related product unless that product complies with the applicable implementing measure and bears the CE marking.
2
Schedule 1 (declaration of conformity) has effect.
Conformity assessments, declarations of conformity and the CE marking
4
1
A manufacturer must not place on the market or put into service an energy-related product unless that manufacturer complies with —
a
paragraph (2); or
b
equivalent provisions under the laws of another member State or EEA State.
2
Compliance with this paragraph means that the manufacturer —
a
has assessed whether an energy-related product complies with the applicable implementing measure; and
b
if the assessment is that the product complies, has —
i
made a declaration of conformity; and
ii
affixed the CE marking visibly, legibly and indelibly to the product, the packaging or documentation that accompanies that product.
3
Schedule 2 (CE marking) has effect.
Authorised representatives and importers
5
1
An authorised representative or importer of an energy-related product must not place on the market or put into service an energy-related product unless —
a
the manufacturer of the product has complied with regulation 4(1); or
b
the authorised representative or importer complies with regulation 4(2) to the extent that the manufacturer has not complied with it.
Displays of energy related products not restricted
6
1
Regulations 3, 4 and 5 do not prevent the display of an energy-related product if —
a
that product; or
b
the packaging or documentation that accompanies it,
bears a visible indication that the product must not be placed on the market unless it complies with the applicable implementing measure.
2
For the purposes of paragraph (1), the display of an energy-related product includes its display at trade fairs, exhibitions and demonstrations.
PART 3 Presumption of conformity, misleading markings and documentation
Presumption of conformity
7
1
Unless the contrary is proved, where —
a
an energy-related product; or
b
the packaging or documentation that accompanies that product,
bears the CE marking, the product is presumed to comply with the applicable implementing measure.
2
Unless the contrary is proved, where —
a
harmonised standards have been applied to an energy-related product; and
b
the reference numbers of those standards have been published in the Official Journal of the European Union,
the product is presumed to comply with the applicable implementing measure to the extent that the harmonised standards relate to the requirements of that measure.
3
Unless the contrary is proved, where an energy-related product has been awarded a community eco-label, the product is presumed to comply with the applicable implementing measure to the extent that the Community eco-label relates to the requirements of that measure.
4
For the purposes of paragraph (3) “Community eco-label” means a label that meets the requirements of Regulation (EC) No 1980/2000 of the European Parliament and of the Council on a revised Community eco-label award scheme .
Misleading markings
8
1
A person must not affix or cause to be affixed any marking to —
a
an energy-related product; or
b
the packaging or documentation that accompanies that product,
which is likely to mislead a user of the product as to the meaning or form of the CE marking.
Documentation for inspection
9
1
A manufacturer, an authorised representative or importer who has placed on the market or put in to service an energy-related product must keep the following available for inspection by the market surveillance authority —
a
any documentation relevant to the applicable conformity assessment procedure; and
b
every declaration of conformity.
2
All documentation and declarations must be kept available for inspection for a period of at least 10 years from the date the product was last manufactured.
3
Any documentation or declaration must be made available within 10 days of receipt of a request by the market surveillance authority.
PART 4 Authorities and appeals
Notifying authority, competent authority and market surveillance authority
10
1
For the purposes of Article R 2(8) and R 2(9) of Annex I to the Marketing Decision the competent national authority is the Secretary of State.
2
For the purposes of Article R(14) to R(28) of Annex I to the Marketing Decision the notifying authority is the Secretary of State.
3
For the purposes of Article 2(18) of RAMS the market surveillance authority is the Secretary of State.
Appeals
11
Schedule 3 (appeals) has effect.
PART 5 Enforcement
12
The market surveillance authority may authorise in writing such persons who appear suitable to act on its behalf to carry out any functions and to exercise any power conferred by RAMS, subject to any limitations or conditions as it sees fit.
13
The following have effect —
a
Schedule 4 (warrants and testing costs); and
b
Schedule 5 (civil sanctions).
PART 6 Offences and Penalties
Offences and penalties
14
1
It is an offence for any person to contravene, or cause or permit another person to contravene, any of regulations 3 to 5, 8 or 9.
2
Any person guilty of an offence under paragraph (1) is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
Obstruction etc.
15
1
It is an offence for any person —
a
intentionally to obstruct an authorised person acting in the pursuance of their powers or duties under RAMS;
b
knowingly or recklessly to make a statement which is false or misleading in purported compliance with any requirement imposed by Article 19 of RAMS.
2
A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
In this regulation, “powers or duties” includes powers or duties exercisable by virtue of a warrant under Schedule 4.
Time limit for prosecution of offences
16
1
An offence under these Regulations may be tried by summary proceedings if —
a
in England and Wales, the information is laid;
b
in Northern Ireland, the complaint is made; or
c
in Scotland, the proceedings are begun,
before the end of the period of 12 months beginning on the day after the date on which evidence which the market surveillance authority thinks is sufficient to justify the proceedings comes to the market surveillance authority’s knowledge.
2
For the purposes of paragraph (1) —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the market surveillance authority’s knowledge is to be conclusive evidence of that fact; and
b
a certificate stating that matter and purporting to be so signed is to be treated as so signed unless the contrary is proved.
Bodies corporate
17
1
Where a body corporate commits an offence under these Regulations and it is proved that the offence —
a
is committed with the consent or connivance of a relevant person, or
b
is attributable to any neglect on the part of that person,
that person as well as the body corporate is guilty of that offence and is liable to be proceeded against and punished accordingly.
2
In paragraph (1), “relevant person” means —
a
a director, manager, secretary or other similar officer of the corporate body;
b
in relation to a body corporate managed by its members, a member of that body performing managerial functions;
c
in relation to a Scottish partnership, a partner;
d
a person purporting to act as a person described in (a), (b) or (c).
Remediation orders
18
1
This regulation applies to a person convicted of an offence under these Regulations.
2
The court may specify in an order (“a remediation order”) —
a
the steps that the convicted person must take to remedy any of the matters for which that person has been convicted; and
b
the period within which those steps must be taken.
3
A period specified in a remediation order may be extended if an application is made to the court within that period.
4
A convicted person does not continue to be liable under regulation 14 or 15 in respect of the matters covered by a remediation order.
5
A remediation order may be made in addition to, or instead of, any other punishment.
Recovery of expenses of enforcement
19
1
This regulation applies where a court convicts a person of an offence under regulation 14 or 15.
2
The court may (in addition to any other order it may make as to costs or expenses) order the person convicted to reimburse the market surveillance authority for any expenditure which it or any authorised person has reasonably incurred in investigating the offence, including in purchasing or in testing or examining any energy-related product, or any part of it, in respect of which the offence was committed.
PART 7 Revocations
Revocations
20
The following are revoked —
a
the Ecodesign for Energy-Using Products Regulations 2007 ; and
b
the Ecodesign for Energy-Using Products (Amendment) Regulations 2009 .
Henley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
27th October 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Academy Conversions (Transfer of School Surpluses) Regulations 2010 and come into force on 1st September 2010.
2
They apply in relation to any maintained school in England in respect of which an Academy order has effect where the order was made under section 4(1)(a) of the Academies Act 2010 (Academy order following application by school).
Interpretation
2
In these Regulations —
“ the Act ” means the Academies Act 2010;
“the proprietor” means the proprietor of the Academy.
Determination of school surplus
3
The local authority must inform the proprietor of the determinations made by them under section 7(2) of the Act within three months, beginning with the conversion date.
Review of local authority determination
4
1
A proprietor who disagrees with any determination made by the local authority under section 7(2) of the Act may apply to the Secretary of State for a review of that determination within one month, beginning with the date on which the proprietor is informed of that determination.
2
An application for a review under paragraph (1) must include the proprietor’s reasons for making it.
3
The proprietor must provide the local authority with a copy of any application made under paragraph (1) within one week, beginning with the date on which the application is made.
4
Within three months, beginning with the date on which an application is received under paragraph (1), the Secretary of State must —
a
review the determination made by the local authority,
b
confirm that determination or substitute the Secretary of State’s own determination, and
c
inform the proprietor and the local authority of the outcome of the review.
Payment of school surplus
5
1
Subject to paragraph (2), the authority must pay to the proprietor the amount of any surplus determined under section 7(2) of the Act within one month, beginning with the earlier of the following dates —
a
the date on which the proprietor informs the local authority that the proprietor agrees with their determination; or
b
the date on which the period specified in regulation 4(1) (period within which proprietor may apply for review) ends.
2
If the proprietor applies for a review under regulation 4(1), the local authority must pay to the proprietor the amount of any surplus determined under section 7(2) of the Act or by the Secretary of State under regulation 4(4)(b), as the case may be, within one month, beginning with the date on which the authority is informed of the outcome of the review.
Jonathan Hill
Parliamentary Under Secretary of State
Department for Education
28th July 2010


text:
Citation and Commencement
1
These Regulations may be cited as The Wireless Telegraphy (Automotive Short Range Radar) (Exemption) (No. 2) (Amendment) Regulations 2010 and shall come into force on 16th June 2010.
Amendment of the Wireless Telegraphy (Automotive Short Range Radar) (Exemption) (No. 2) Regulations 2005
2
1
The Wireless Telegraphy (Automotive Short Range Radar) (Exemption) (No. 2) Regulations 2005 are amended in accordance with the following paragraph of this regulation.
2
In regulation 4(5) for “25 decibels” substitute “30 decibels”.
Ed Richards
Chief Executive of the Office of Communications
For and by the authority of the Office of Communications
25th May 2010


text:
Title, application and commencement
1
These Regulations may be cited as the Food for Particular Nutritional Uses (Miscellaneous Amendments) (England) Regulations 2010, apply in relation to England only and come into force on 15th March 2010.
Amendment of the Food Labelling Regulations 1996
2
1
The Food Labelling Regulations 1996 are amended in accordance with the following paragraphs in so far as they apply in relation to England.
2
In paragraph (1) of regulation 2 (interpretation) —
a
omit the definition of “Directive 89/398” ;
b
immediately after the definition of “Directive 2000/13” insert the following definition —
“Directive 2009/39” means Directive 2009/39/EC of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses as amended from time to time;
.
3
In regulation 3 (exemptions), for sub-paragraph (iv) of paragraph (1) substitute the following sub-paragraph —
iv
where applicable, the requirements of Directive 87/250, Directive 90/496, Directive 94/54, Directive 99/2 and Directive 2009/39 are met in respect of that food.
.
Amendment of the Notification of Marketing of Food for Particular Nutritional Uses (England) Regulations 2007
3
1
The Notification of Marketing of Food for Particular Nutritional Uses (England) Regulations 2007 are amended in accordance with the following paragraphs.
2
In paragraph (1) of regulation (2) (interpretation), for the definition of “the Directive” substitute the following definition —
“the Directive” means Directive 2009/39/EC of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses as amended from time to time;
.
3
In regulation 3 (restriction on sale)–
a
for paragraph (1) substitute the following paragraph–
1
No person who, in respect of a PNU food product of a particular type —
a
is a manufacturer or an importer referred to in Article 11 of the Directive, but
b
has failed to comply with —
i
a requirement to notify the competent authority, as referred to in sub-paragraph (a) or (b) of paragraph (1) of that Article, or
ii
a requirement to produce anything to the competent authority, as referred to in sub-paragraph (c) of paragraph (1) of that Article,
shall sell a PNU food product of that type.
; and
b
in sub-paragraph (b) of paragraph (2) for “Article 9” substitute “Article 11”.
4
In paragraph (1) of regulation 4 (declaration), for “Article 1(2)” substitute “Article 1(2) and (3)”.
Signed by authority of the Secretary of State for Health
Gillian Merron
Minister of State,
Department of Health
10th February 2010


text:
Citation, commencement and effect
1
1
This Order may be cited as the Value Added Tax (Place of Supply of Goods)(Amendment) Order 2010.
2
This Order comes into force on 1st January 2011 and has effect in relation to supplies made on or after that date.
Amendment to the Value Added Tax (Place of Supply of Goods) Order 2004
2
1
The Value Added Tax (Place of Supply of Goods) Order 2004 is amended as follows.
2
In the heading to Part 3 for “and Electricity” substitute “, Electricity, Heat or Cooling”.
3
In article 9 for paragraph (c) substitute —
c
“relevant goods” means —
i
gas supplied through a natural gas system situated within the territory of a member State or any network connected to such a system,
ii
electricity, and
iii
heat or cooling supplied through a network;
.
4
In article 14 for “gas and electricity” substitute “certain goods”.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
8th December 2010


text:
Citation, commencement and extent
1
This Order may be cited as the Reserve Forces Act 1996 (Isle of Man) Order 2010 and shall come into force on 1st November 2010.
2
The Reserve Forces Act 1996 shall extend to the Isle of Man, subject to the exceptions and modifications specified in the Schedule to this Order.
Judith Simpson
Clerk of the Privy Council


text:
PART 1 PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order 2010 and shall come into force on 1st September 2010.
2
The Bristol Dock Acts and Orders 1848 to 1993 and this Order may be cited together as the Bristol Dock Acts and Orders 1848 to 2010.
Interpretation
2
1
In this Order —
“the 1847 Act ” means the Harbours, Docks and Piers Clauses Act 1847 as incorporated with the Bristol Dock Acts and Orders 1848 to 1993;
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“the 1993 Order ” means the Port of Bristol Harbour Revision Order 1993 ;
“the 1995 Order ” means the Town and Country Planning (General Permitted Development) Order 1995 ;
“ AOD ” means above Ordnance Datum (Newlyn);
“added pilotage area” means the area described in Schedule 5 (extension of limits of jurisdiction for purposes of pilotage);
“Chart Datum” in relation to any depth of dredging is 6.5 metres below Ordnance Datum (Newlyn);
“the Company” means First Corporate Shipping Limited, a company limited by shares and incorporated under the Companies Act 1985 , whose registered number is 2542406;
“construction” includes execution and placing and, in its application to works which include or comprise any operation, means the carrying out of that operation but does not include maintenance dredging, and “construct” and “constructed” shall be construed accordingly;
“the deposited plans” and “the deposited sections” mean, respectively, the plans and sections certified by the Secretary of State as the plans and sections for the purposes of this Order;
“the designated harbour” means the area within which the Company had jurisdiction as harbour authority pursuant to article 3 of the 1993 Order immediately before the coming into force of this Order;
“harbour master” means any person appointed as such by the Company under section 51 of the 1847 Act;
“level of high water” means the level of mean high-water springs;
“Lighthouse” means the disused lighthouse situated at the seaward limit of the North Pier;
“limits of construction activity” means the limits of construction activity shown on sheet 10 of the deposited plans;
“limits of deviation” means the limits of deviation for Works Nos. 1 to 6 shown on the deposited plans;
“limits of deviation for dredging” means the limits of deviation for the operations authorised by article 5 (power to dredge the Severn Estuary) and shown marked “LODD” on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“maintenance dredging” means any dredging operations carried out under article 5 (power to dredge the Severn Estuary) in order to maintain the areas referred to in Schedule 3 (dredging works) to their respective depths, widths and positions as set out in that Schedule;
“tidal work” means so much of the works as is on, under or over tidal waters or tidal lands below the level of high water but excluding any operations authorised by article 5 (power to dredge the Severn Estuary) and excluding the projection over waters by booms, cranes and similar plant and machinery operating within the designated harbour;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“undertaking” means the harbour undertaking of the Company from time to time, including all real and personal property and works acquired, appropriated or provided by the Company for that purpose;
“vessel” means every description of vessel, however propelled or moved, and includes non-displacement craft, a hovercraft (within the meaning of the Hovercraft Act 1968 ), a hydrofoil vessel and any other thing constructed or used to carry or propel persons or goods by or across water;
“works” means the works and operations authorised by this Order, or any part of such works.
2
All situations, points, directions, distances, lengths, dimensions, areas and other measurements stated in this Order shall be construed as if the words “or thereabouts” were inserted after each such situation, point, direction, distance, length, dimension, area or other measurement.
3
In this Order, references to named breakwaters or piers, or other points, places, structures and apparatus are references to those so named on the Admiralty Chart for the Port of Bristol ( No. 1859).
4
In this Order —
a
any reference to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order;
b
map reference points specified shall be construed as references to Ordnance Survey National Grid reference points; and
c
longitude and latitude are stated by reference to the World Geodetic System ( WGS84 ) Datum.
5
References in the Bristol Dock Acts and Orders 1848 to 1993 to the undertaking of the Company shall be construed for all purposes as including references to any works carried out and any lands reclaimed by or on behalf of the Company or any of its subsidiaries under or by virtue of this Order.
PART 2 WORKS
Power to construct, etc. , works
3
1
The Company may, in the lines and situations and on the lands delineated on the deposited plans and within the limits of deviation and according to the levels shown on the deposited sections, construct, operate and maintain the whole or any part or parts of the works set out in Schedule 1(works) on and in the bed and foreshore of the River Severn.
2
Notwithstanding anything in any other enactment, the Company may for the purpose of constructing the works dismantle, remove, deal with and dispose of the whole or any part or parts of all structures, pipelines and equipment lying within the limits of deviation (including the disused Oil Jetty and the Lighthouse) and any public rights over the same are extinguished.
3
The Company may from time to time, within the limits of deviation, alter, enlarge, replace, relay, extend or reconstruct temporarily or permanently the works and may maintain and use the same as altered, enlarged, replaced, relayed, extended or reconstructed.
4
The powers conferred by this article are subject to the restrictions set out in Schedule 2 (restrictions on works).
5
The Company may authorise any person to carry out the works.
Subsidiary works
4
1
The Company may from time to time within the limits of deviation provide, construct, maintain and operate such dock facilities, together with works ancillary to those facilities, as may be necessary or convenient for the purposes of, or in connection with, the construction and maintenance of the works authorised by article 3 or the operation of the undertaking, and for this purpose the Company may construct, maintain and operate (whether temporarily or permanently) pumps, conduits, pipes, manifolds, hydrants, wires, drains, sewage and other treatment plants, mains, cables, substations, telecommunications equipment and other utilities plant, conveyors, cranes, lifts, hoists, container and other cargo handling and haulage equipment and stagings, rail mounted gantries, rubber tyred gantries, vessel power supply facilities, weighbridges, stairs, ladders, stagings, quays, berths, jetties, piers, approaches, catwalks, platforms, pontoons and gangways, buildings, sheds, silos, tanks, offices, workshops, depots, vehicle parking, holding and loading areas, roads and road improvements, road and rail crossings, service, outfall and culvert crossings, pavements, bridges, ramps, culverts, railway tracks, sidings, signals, security barriers, foundations, walls, bunds, fences, gates, paving and surfacing, equipment, machinery, appliances, dredged material washing, grading and weighing facilities, lights and lighting columns, signage, radio masts, CCTV cameras and masts, security installations, navigation signals, marks and lights, and such other port, harbour, dock, wharf or terminal facilities and conveniences as may be necessary or expedient.
2
Without prejudice to paragraph (1), the Company may within the limits of deviation provide, construct, maintain and use such other works as may be necessary or convenient for the purposes of, or in connection with or in consequence of, the construction, maintenance and use of the works, including —
a
within the limits of deviation for Works Nos. 1, 2 and 3 works for the accommodation or convenience of vessels (including but not limited to berthing heads, mooring posts, ladders, buoys, bollards, dolphins, fenders, rubbing strips and fender panels, fender units and pontoons);
b
works to alter the position of apparatus, including mains, sewers, drains, pipes, pipelines, conduits, cables, electrical substations and electrical lines; and
c
landscaping, habitat creation and other works to mitigate any adverse effect of the construction, maintenance and operation of the works or to benefit or protect any person or premises affected by the construction, maintenance and operation of the works.
3
For the purpose of, or in connection with, the construction, maintenance and use of the works the Company may —
a
carry out, within the limits of construction activity and the limits of deviation for dredging and within the areas within which the dredging works authorised by article 5 (power to dredge the Severn Estuary) are authorised to be carried out, such construction activity as may be necessary or expedient, including the temporary placing of materials, plant and equipment and the construction of temporary bunds, accesses, jetties, lighting and pipelines within those areas and the water adjoining those areas;
b
within the limits of construction activity alter and refurbish the Graving Dock to create pre-casting facilities and facilities for the manufacture of caissons (including the temporary installation and use of hoists, crawler cranes and tower cranes) and construct, maintain and operate temporary construction compounds with concrete batching and aggregate plants, workshops, offices, laboratories and stores, laydown areas, temporary stockpiles and areas for storage of construction materials, plant and equipment, sites for the stationing of caravans for use for the temporary residential accommodation of construction workers and temporary offices, welfare facilities, waste and recycling facilities, foul drainage and sewage treatment facilities and other utilities plant and equipment and vehicle parking;
c
within the limits of construction activity dismantle, demolish and remove existing oil, kerosene, spirit, molasses, derv and other associated pipelines and construct and install new pipelines in replacement together with all associated manifolds and other equipment, stanchions, supports, bunds and pipebridges; and
d
within the limits of deviation for dredging and within the areas within which the dredging works authorised by article 5 are authorised to be carried out and within the water adjoining those areas, construct, maintain and use temporary pipelines (including pontoons and booster pumps) on, under or over the surface of the River Severn for the purpose of conveying dredged material from the site of the dredging works authorised by article 5 to the site of Works Nos. 1 to 6 .
4
The Company may from time to time in connection with the construction, maintenance and use of the works abstract, impound and use water from the River Severn, the River Avon and the sea and may discharge surface water into the River Severn and the River Avon, but nothing in this Order authorises the entry into controlled waters of any matters whose entry or discharge into controlled waters is prohibited by section 85 of the Water Resources Act 1991 .
5
The powers conferred by this article are subject to the restrictions set out in Schedule 2 (restrictions on works).
Power to dredge the Severn Estuary
5
1
The Company may deepen, dredge, scour, cleanse, alter and improve the bed, shores and channels of the River Severn to the extent described in Schedule 3 (dredging works) or as may be required for the purpose of maintaining the works described in that Schedule to enable uninterrupted means of access to the works by vessels and enabling the use of the works at all states of the tide.
2
The power to dredge described in Schedule 3 includes the power to carry out such additional dredging as may be required to provide side slopes or otherwise secure the dredged areas against siltation, scouring or collapse.
3
Any materials dredged, taken or collected by the Company in the exercise of the powers of this article (other than wreck within the meaning of Part 9 of the Merchant Shipping Act 1995 ) shall be the property of the Company and may be used, sold, deposited or otherwise disposed of as the Company thinks fit.
4
No materials referred to in this article shall —
a
be disposed of in contravention of the provisions of any enactment relating to the disposal of waste; or
b
be deposited below the level of high water except within the designated harbour for the purposes of constructing the works or otherwise in such places and in accordance with such conditions and restrictions as may be approved or prescribed by the Secretary of State pursuant to Part 2 of the Food and Environment Protection Act 1985 .
Power to deviate
6
1
In constructing and maintaining the works authorised by article 3(1) (power to construct, etc., works) and in exercising the powers conferred by article 5(1) (power to dredge the Severn Estuary), the Company may deviate laterally from the lines or situations of those works shown on the deposited plans to the extent of the limits of deviation or, for works authorised by article 5(1), to any extent not exceeding the limits of deviation for dredging.
2
In constructing and maintaining the works authorised by article 3(1) the Company may deviate vertically from the levels of those works shown on the deposited sections to any extent downwards and up to three metres upwards as may be necessary or convenient.
3
In exercising the powers conferred by article 5(1) the Company may deviate vertically to any extent upwards and up to 0.3 metres downwards as may be necessary or convenient.
Period for completion of works
7
1
Subject to paragraph (2), if the works are not completed within ten years from the coming into force of this Order or such extended time as the Secretary of State may, on the application of the Company, allow then, on the expiration of that period, or such extended time (as the case may be), the powers conferred by this Order to the Company for constructing the works shall cease except as to so much of them as is then substantially commenced.
2
Nothing in paragraph (1) shall apply to any works carried out under paragraph (3) of article 3 (power to construct, etc., works) or article 4 (subsidiary works), or to any maintenance dredging.
Works to be within the district of The City of Bristol
8
1
During the period beginning with the date on which this Order comes into force and ending on the accretion date, the area within the limits of deviation shall, to the extent that it is outside the area of The City of Bristol for the purposes of the Control of Pollution Act 1974 and the 1990 Act, be annexed to and incorporated with the district of The City of Bristol.
2
On the accretion date, the area of the whole or so much of the works authorised by article 3 (power to construct, etc., works) and article 4 (subsidiary works) as shall have been completed or substantially completed shall, to the extent that they are outside the area of The City of Bristol, be annexed to and incorporated within the district of The City of Bristol.
3
In this article, “accretion date” means whichever of the following dates first occurs —
a
the date when the works referred to in paragraph 2 have been completed; or
b
the date when the powers conferred by this Order cease to have effect pursuant to article 7 (period for completion of works).
4
Nothing in this article shall require the performance of any functions under the Ordnance Survey Act 1841 until the Company has certified in writing to the Director General of Ordnance Survey that the works have been completed.
Obstruction of works
9
Any person who, without reasonable excuse —
a
obstructs any person acting under the authority of the Company in constructing, maintaining or using the works; or
b
interferes with, moves or removes any equipment used in connection with the construction, maintenance or use of the works,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Tidal works not to be executed without approval of Secretary of State
10
1
Unless construction has commenced within five years of the coming into force of this Order, a tidal work shall not be constructed except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed in contravention of paragraph (1), the Secretary of State may —
a
give notice to the Company to remove the tidal work or any part of it and to restore the site of that tidal work to its former condition; or
b
where necessary remove the tidal work or any part of it and restore the site of that tidal work to its former condition.
3
Notice given under paragraph (2)(a) shall be in writing and shall be served on the Company, and such service may be effected by transmission to an electronic address and in an electronic form specified by the Company.
4
If, within 30 days of service of notice given under paragraph (2)(a), the Company has failed to comply with the notice, the Secretary of State may —
a
execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary to do so, he may remove the tidal work or part of it and restore the site to its former condition.
5
Any expenditure incurred by the Secretary of State pursuant to paragraphs (2) to (4) shall be recoverable from the Company.
Provision against danger to navigation
11
1
In case of injury to, or destruction or decay of, a tidal work or any part of it, the Company shall as soon as reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If, without reasonable excuse, the Company fails to notify Trinity House as required by paragraph (1), or to comply in any respect with a direction given under that paragraph, the Company shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and, on conviction on indictment, to a fine.
Abatement of works abandoned or decayed
12
1
Where a tidal work is abandoned or suffered to fall into decay, the Secretary of State may by notice in writing require the Company at its own expense either to repair and restore the work or any part of it, or to remove the work and restore its site to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting —
a
partly of a tidal work; and
b
partly of works on or over land above the level of high water,
is abandoned or suffered to fall into decay and the works mentioned in sub-paragraph (b) are in such condition as to interfere or to cause reasonable apprehension that they may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include those works, or any portion of those works, in any notice under paragraph (1).
3
If, at the end of 30 days beginning with the date on which a notice under this article is served upon the Company, it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Survey of tidal works
13
The Secretary of State may at any time, if the Secretary of State deems it expedient to do so, order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Permanent lights on tidal works
14
1
After the completion of a tidal work the Company shall, at the outer extremity of such work, exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Company fails to comply in any respect with a direction given under paragraph (1), it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and, on conviction on indictment, to a fine.
Lights on tidal works during construction, etc.
15
1
The Company shall, at or near a tidal work, during the whole time of the construction, extension, enlargement, alteration, replacement or re-laying of such work exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as the Secretary of State shall from time to time direct.
2
If the Company fails to comply in any respect with a direction given under paragraph (1), it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and, on conviction on indictment, to a fine.
Application of permitted development rights
16
Schedule 4 shall have effect.
PART 3 JURISDICTION
Extension of limits of jurisdiction for the purposes of pilotage
17
1
The limits within which the Company shall have jurisdiction for the purposes of pilotage under Part 1 of the Pilotage Act 1987 shall include (in addition to the designated harbour) the added pilotage area.
2
Schedule 5 shall have effect.
PART 4 PROTECTIVE PROVISIONS
Crown rights
18
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular, nothing in this Order authorises the Company to take, use, enter upon or in any manner interfere with any land, hereditaments or rights of whatsoever description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a Government Department, or held in trust for Her Majesty for the purposes of a Government Department, without the consent in writing of that Government Department.
2
A consent under paragraph (1) may be given unconditionally or subject to such terms and conditions as may be considered necessary or appropriate.
Saving for Trinity House
19
Nothing in this Order shall prejudice or derogate from any of the rights, duties or privileges of Trinity House.
For the protection of the Environment Agency
20
Schedule 6 shall have effect.
For the protection of the Historic Environment
21
Schedule 7 shall have effect.
For the protection of the Highways Agency
22
Schedule 8 shall have effect.
PART 5 MISCELLANEOUS AND GENERAL
Works to form part of the undertaking
23
1
The works and the bed, banks and shores of the River Severn on which the works are constructed and any lands reclaimed or acquired by the Company for the purpose of the works shall for all purposes form part of the Avonmouth Docks of the Company and of the undertaking.
2
All enactments conferring rights, powers, privileges or immunities or imposing duties, obligations or liabilities upon the Company or its officers, and all byelaws for the time being in force in relation to the Avonmouth Docks of the Company and in relation to the undertaking, shall so far as relevant, apply to the works and such bed, banks, shores and lands and may be enforced by the Company accordingly.
3
Nothing in this Order shall affect the operation within the designated harbour of such of the provisions of the 1847 Act as immediately before the coming into force of this Order were operative within the designated harbour and those provisions shall extend to and apply to the works.
Application of byelaws
24
1
The Bristol Port General Byelaws 2005 apply, subject to paragraph (2), to the designated harbour as they applied to the designated harbour immediately before the coming into force of this Order, and nothing in this Order shall affect the right of the Company to enforce the byelaws or to amend or revoke them.
2
In the Bristol Port General Byelaws 2005 as applied by paragraph (1), references to the “harbour premises” shall be construed so as to include the works.
3
In this article “the Bristol Port General Byelaws 2005” means the byelaws made by the Company on 25 November 2005 and confirmed by the Secretary of State on 1 December 2005 .
Power to appropriate
25
1
Notwithstanding anything in section 33 (harbour, dock, and pier to be free to the public on payment of rates) of the 1847 Act or any other enactment, the Company may from time to time set apart or appropriate the whole or any part or parts of the lands, quays, berths, buildings, facilities, machinery or equipment comprised within Works Nos. 1 to 6 or upon which Works Nos. 1 to 6 are constructed and maintained for the exclusive, partial or preferential use and accommodation of any particular trade, person, activity, vessel or goods or any class of trade, person, activity, vessel or goods, subject to the payment of such charges and subject to such terms and conditions and regulations as the Company may think fit.
2
No person or vessel shall make any use of any lands, quays, berths, buildings, facilities, machinery or equipment set apart or appropriated under this article without the consent of the harbour master or other duly authorised officer of the Company and the harbour master or such officer may order any person or vessel making use of such lands, quays, berths, buildings, facilities, machinery and equipment without such consent to be removed.
3
The provisions of section 58 (powers of the harbour master as to the mooring of vessels) of the 1847 Act shall extend and apply to any such vessel.
Defence to proceedings in respect of statutory nuisance
26
1
Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by persons aggrieved by statutory nuisances) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order shall be made, and no fine shall be imposed, under section 82(2) of that Act if the defendant shows —
a
that the nuisance relates to premises used by the Company for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to the construction or maintenance of the works and that the nuisance is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites) or 65 (noise exceeding registered level), of the Control of Pollution Act 1974; or
b
that the nuisance is a consequence of the construction, maintenance or use of the work and that it cannot reasonably be avoided.
2
The following provisions of the Control of Pollution Act 1974 —
a
section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990); and
b
section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded) ,
shall not apply where the consent relates to the use of premises by the Company for the purposes of, or in connection with, the exercise of the powers conferred by this Order with respect to the construction or maintenance of the works.
Defence of due diligence
27
1
In proceedings for an offence under any provision of this Order it shall be a defence for the Company to prove that it took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
2
If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to the act or default of another person, the Company shall not, without leave of the court, be entitled to rely on that defence unless, within a period of seven clear days before the hearing, it has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that other person as was then in its possession.
Certification of plans
28
The Company shall, as soon as practicable after the making of this Order, submit copies of the deposited plans and the deposited sections to the Secretary of State for certification that they are true copies of, respectively, the deposited plans and the deposited sections referred to in this Order, and a document so certified shall be admissible in any proceedings, as evidence of the contents of the document of which it is a copy.
Signed by authority of the Secretary of State for Transport
Richard Bennett
Head of Ports Division
Department for Transport
6th August 2010


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Information) (Amendment) Regulations 2010 and shall come into force on 6th April 2010.
Amendment of the Social Security (Claims and Information) Regulations 1999
2
1
The Social Security (Claims and Information) Regulations 1999 are amended as follows.
2
In regulation 7 (holding information), after “social security matters” insert “, or information relating to employment or training,”.
3
In regulation 13 (information) —
a
in paragraph (1)(a)(i) omit “known as the New Deal and”;
b
for paragraph (1)(b)(v) substitute —
v
to any other relevant authority in connection with arrangements made under section 2 of the Employment and Training Act 1973 , in particular for use by that authority in connection with the provision of advice, support and assistance which persons may need in order to acquire or enhance their skills and qualifications with a view to improving their prospects of finding and retaining employment.
;
c
after paragraph (1) insert —
1A
A relevant authority which holds employment or training information about a person (“P”) may supply that information to another relevant authority for use by that second authority in connection with the provision to P (pursuant to arrangements made by the Secretary of State) of advice, support and assistance which P may need in order to acquire or enhance P’s skills and qualifications with a view to improving P’s prospects of finding and retaining employment.
;
d
in paragraph (4) —
i
after “social security information” insert “, or information relating to employment or training,”;
ii
for “any purpose” substitute “any of the purposes”;
e
in paragraph (5) omit “specified in this paragraph”;
f
at the end of paragraph (5)(c) omit “and”;
g
after paragraph (5)(d) add —
e
any arrangements made by the Secretary of State of the nature referred to in paragraph (1)(b)(v) or (1A); and
f
monitoring the retention of employment.
.
4
In regulation 14(1) (purposes for which information may be used) after sub-paragraph (e) add —
f
assessing the employment or training needs of the person to whom the information relates;
g
evaluating the effectiveness of training, advice, support and assistance provided;
h
monitoring the retention of employment.
.
Signed by authority of the Secretary of State for Work and Pensions
Jim Knight
Minister of State
Department for Work and Pensions
1st March 2010


text:
Citation and interpretation
1
This Order may be cited as the Political Parties and Elections Act 2009 (Commencement No. 5 and Saving Provisions) Order 2010.
2
In this Order —
“the 2000 Act ” means the Political Parties, Elections and Referendums Act 2000 ;
“the 2009 Act ” means the Political Parties and Elections Act 2009.
Provisions coming into force on 1st December 2010
3
The following provisions of the 2009 Act come into force on 1st December 2010 —
a
section 1(2) (compliance with controls imposed by the 2000 Act etc );
b
section 2 (investigatory powers of Commission);
c
section 3 (civil sanctions);
d
section 39 (amendments and repeals) so far as it relates to the provisions mentioned in paragraphs (g) and (h);
e
Schedule 1 (investigatory powers of Commission: schedule to be inserted into the 2000 Act);
f
Schedule 2 (civil sanctions: schedule to be inserted into the 2000 Act);
g
paragraphs 22, 23, 25 and 26 of Schedule 6 (minor and consequential amendments);
h
in Schedule 7 (repeals), the entries relating to section 145 of, and Schedule 20 to, the 2000 Act.
Provisions coming into force on 1st January 2011
4
The following provisions of the 2009 Act come into force on 1st January 2011 —
a
section 8 (education about systems of government and EU institutions);
b
section 31(8) (the registration objectives);
c
section 35 (schemes for provision of data to registration officers);
d
section 36 (schemes under section 35: proposals, consultation and evaluation);
e
section 37 (meaning of expressions relating to registration);
f
section 39 so far as it relates to the provisions mentioned in paragraph (g);
g
in Schedule 7, the entries relating to section 13 of the 2000 Act.
Saving provisions
5
Notwithstanding the commencement of section 2 of the 2009 Act by article 3(b), the following provisions of the 2000 Act continue to have effect from 1st December 2010 to 31st May 2011 as if section 2 of the 2009 Act, and the entry in Schedule 7 to that Act relating to Schedule 20 to the 2000 Act, had not been commenced —
a
in section 146 (supervisory powers of Commission) —
i
subsections (2), (5) and (6);
ii
subsection (3), but only if the person exercising the power conferred by that subsection has been duly authorised by the Electoral Commission before 1st December 2010;
b
the entries in Schedule 20 (penalties) relating to section 146(5) and (6).
6
Notwithstanding the commencement of section 3 of the 2009 Act by article 3(c) —
a
where the time for complying with a requirement mentioned in section 147(1) of the 2000 Act (civil penalties) expires before 1st December 2010, and the requirement has not been complied with by 1st December, section 147 has effect in respect of that failure to comply as if section 3 of the 2009 Act had not been commenced;
b
where a liability to a penalty under section 147(2) arises before 1st December 2010 otherwise than in the circumstances described at paragraph (a), and such liability has not been discharged by 1st December 2010, section 147(5) and (6) continues to apply to that liability on and after 1st December 2010 as if section 3 of the 2009 Act had not been commenced;
c
where paragraph (a) applies to a failure to comply with a requirement of the 2000 Act, the provisions of Schedule 19C to that Act do not apply to that failure.
Signed by authority of the Lord President of the Council
Mark Harper
Parliamentary Secretary (Minister for Political and Constitutional Reform)
Cabinet Office
29th November 2010


text:
Citation, commencement and effect
1
1
This Order may be cited as the Qualifying Oil Fields Order 2010.
2
This Order shall come into force on the day after the day on which it is made and has effect in relation to a new oil field whose authorisation day is on or after the day on which the Order comes into force.
Amendment of the Corporation Tax Act 2010
2
The Corporation Tax Act 2010 is amended as follows.
3
In section 355 (meaning of “ultra high pressure/high temperature oil field”) —
a
in paragraph (a) for “1034” substitute “862”, and
b
in paragraph (b) for “176.67” substitute “166”.
4
1
Amend section 356 (meaning of “total field allowance for a new oil field”) as follows.
2
In subsection (1)(c) for “£800,000,000” substitute “the amount determined in accordance with subsection (3)”.
3
After subsection (2) insert —
3
The total field allowance for an ultra high pressure/high temperature oil field is —
a
£800,000,000, if the temperature of oil in the reservoir formation is more than 176.67 degrees celsius, and
b
if the temperature of oil in the reservoir formation is more than 166 degrees celsius but not more than 176.67 degrees celsius, the sum of £500,000,000 and an amount calculated as follows —
X
1067
× £ 300 , 000 , 000
where X is the number of complete hundredths of a degree celsius by which the temperature of oil in the reservoir formation exceeds 166 degrees celsius.
Dave Hartnett
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
23rd July 2010


text:
Citation and commencement
1
1
This Order may be cited as the Police Act 1997 (Criminal Records) (Isle of Man) Order 2010.
2
Subject to paragraphs (3) to (5) this Order comes into force on the day after the day on which it is made.
3
Article 3(2)(a) (the extension of section 112 of the 1997 Act ) and the modifications specified in paragraph 1 of Schedule 1 come into force on the day on which section 112 of the 1997 Act comes into force in England and Wales.
4
Article 4(2)(d) (the extension of the repeal of section 113E of the 1997 Act) comes into force upon the ending of the second transitional period.
5
The modifications specified in paragraph 2(b)(ii) of Schedule 2 come into force on the day on which section 170(2) of the Education and Inspections Act 2006 (prohibition on participation in management: supplementary) comes into force in England and Wales.
Interpretation
2
In this Order —
“the 1997 Act” means the Police Act 1997 ;
“the 2006 Act ” means the Safeguarding Vulnerable Groups Act 2006;
“the first transitional period” has the same meaning as in article 1(2) of the Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 ;
“the second transitional period” has the same meaning as in article 1(2) of the Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009.
Extension of Part 5 of the Police Act 1997 to the Isle of Man
3
1
The following provisions of Part 5 (Certificates of criminal records, &c) of the 1997 Act, as amended by the Greater London Authority Act 1999 , the Police (Northern Ireland) Act 2000 , the Criminal Justice and Police Act 2001 , the Criminal Justice Act 2003 and the Serious Organised Crime and Police Act 2005, extend to the Isle of Man subject to the modifications specified in Schedules 1 and 3 .
2
The provisions are —
a
section 112 (criminal conviction certificates);
b
section 113A (criminal record certificates);
c
section 113B (enhanced criminal record certificates);
d
section 113E (criminal record certificates: specified children’s and adults’ lists: urgent cases);
e
section 114 (criminal record certificates: Crown employment);
f
section 116 (enhanced criminal record certificates: judicial appointments and Crown employment);
g
section 117 (disputes about accuracy of certificates);
h
section 118 (evidence of identity);
i
section 119 (sources of information);
j
section 120 (registered persons);
k
section 120ZA (regulations about registration);
l
section 122A (delegation of functions of Secretary of State);
m
section 123 (offences: falsification, &c);
n
section 124 (offences: disclosure);
o
section 124A (further offences: disclosure of information obtained in connection with delegated function);
p
section 125 (regulations);
q
section 126 (interpretation of Part 5);
r
section 127 (saving: disclosure of information and records).
Extension of the Safeguarding Vulnerable Groups Act 2006 to the Isle of Man
4
1
The following provisions of the 2006 Act extend to the Isle of Man subject to the modifications specified in Schedules 2 and 3.
2
The provisions are —
a
section 28 (independent monitor);
b
section 63 (amendments and repeals);
c
Schedule 9 (amendments), paragraph 14 (Police Act 1997 (c. 50) );
d
Schedule 10 (repeals), entry in relation to section 113E of the 1997 Act .
Extension of the Armed Forces Act 2006 to the Isle of Man
5
1
The following provisions of the Armed Forces Act 2006 extend to the Isle of Man.
2
The provisions are —
a
section 378(1) (minor and consequential amendments and repeals);
b
Schedule 16 (minor and consequential amendments), paragraph 149 (Police Act 1997 (c. 50) ).
Modifications that have effect for a limited period
6
1
Part 1 of Schedule 3 specifies modifications that have effect from the date referred to in article 1(2) until the end of the first transitional period.
2
The modification to section 119(1A) of the 1997 Act specified in paragraph 1 of Schedule 3 has effect instead of the modification specified in paragraph 8(a) of Schedule 1.
3
The modifications to paragraph 14(4) of Schedule 9 to the 2006 Act specified in paragraph 2(a) of Schedule 3 have effect instead of the modifications specified in paragraph 2(b)(ii) of Schedule 2.
4
The modifications to paragraph 14(4) of Schedule 9 to the 2006 Act specified in paragraph 2(b) of Schedule 3 have effect in addition to the modifications specified in paragraph 2(b) of Schedule 2.
7
1
Part 2 of Schedule 3 specifies modifications that have effect from the date referred to in article 1(2) until the end of the second transitional period.
2
Those modifications have effect in addition to the modifications specified in paragraph 2 of Schedule 2.
8
1
Part 3 of Schedule 3 specifies modifications that have effect for the second transitional period.
2
The modifications to paragraph 14(4) of Schedule 9 to the 2006 Act specified in paragraph 4(a) of Schedule 3 have effect instead of the modifications specified in paragraph 2(b)(ii) of Schedule 2.
3
The modifications to paragraph 14(4) of Schedule 9 specified in paragraph 4(b) of Schedule 3 have effect in addition to the modifications specified in paragraph 2(b) of Schedule 2.
Subordinate legislation made under extended provisions
9
Any order or regulations made by the Secretary of State under the provisions extended to the Isle of Man by this Order shall not have effect in the Isle of Man unless, before making the order or regulations, the Secretary of State has consulted the Department of Home Affairs of the Isle of Man.
Judith Simpson
Clerk of the Privy Council


text:
Title and commencement
1
The title of this Order is the Gorseinion College Further Education Corporation and Swansea College Further Education Corporation (Dissolution) Order 2010 and it comes into force on 20 August 2010.
Interpretation
2
In this Order —
“the Act” (“ y Ddeddf ”) means the Further and Higher Education Act 1992 ; and
“the Old Corporations” (“ yr Hen Gorfforaethau ”) means Gorseinion College Further Education Corporation (“ Corfforaeth Addysg Bellach Coleg Gorseinion ”) and Swansea College Further Education Corporation (“ Corfforaeth Addysg Bellach Coleg Abertawe ”).
Dissolution and transfer
3
On 20 August 2010 each of the Old Corporations is dissolved and all of their property, rights and liabilities are transferred in accordance with section 27(2) of the Act to the Gower College Swansea Further Education Corporation (“ Corfforaeth Addysg Bellach Coleg Gŵyr Abertawe ”), being a body corporate established for purposes which include the provision of educational facilities and services.
Transfer of staff
4
1
Any person employed by either of the Old Corporations immediately before 20 August 2010 is for the purposes of paragraph (2) designated in accordance with section 26(1)(b) and (5) of the Act (“designated persons”).
2
Section 26 of the Act applies to the designated persons as if references in sub-sections (2), (3) and (4) —
a
to a person to whom that section applies were to a designated person;
b
to the operative date were to 20 August 2010;
c
to the transferor were to the Old Corporation by whom the designated person is employed immediately before 20 August 2010; and
d
to the corporation were to Gower College Swansea Further Education Corporation (“ Corfforaeth Addysg Bellach Coleg Gŵyr Abertawe ”).
Leighton Andrews
Minister for Children, Education and Lifelong Learning, one of the Welsh Ministers
21 July 2010


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Hong Kong) Order 2010.
Double taxation and international tax enforcement arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Agreement set out in Part 1 of the Schedule to this Order and the Protocol set out in Part 2 of that Schedule have been made with the Government of the Hong Kong Special Administrative Region of the People’s Republic of China;
b
the arrangements have been made with a view to affording relief from double taxation in relation to income tax, corporation tax, capital gains tax and taxes of a similar character imposed by the laws of the Hong Kong Special Administrative Region and for the purposes of assisting international tax enforcement; and
c
it is expedient that those arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Equality Act 2010 (Sex Equality Rule) (Exceptions) Regulations 2010 and shall come into force on 1st October 2010.
2
In these Regulations —
“ the Act ” means the Equality Act 2010;
“the additional pension of a Category A retirement pension” has the same meaning as in Part II of the Contributions and Benefits Act ;
“Category A retirement pension” has the same meaning as in Part II of the Contributions and Benefits Act;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 ;
“normal pension age” has the meaning given in section 180 of the Pensions Schemes Act 1993 ;
“pensionable age” shall be construed in accordance with section 122(1) of the Contributions and Benefits Act ;
“pensionable service” includes any service in respect of which transfer credits have been allowed by the scheme;
“personal pension scheme” has the meaning given in section 1(1) of the Pension Schemes Act 1993 ;
“salary-related contracted-out scheme” means an occupational pension scheme which is contracted-out by virtue of satisfying section 9(2) of the Pension Schemes Act 1993 and includes a scheme which was formerly a salary-related contracted-out scheme which is subject to supervision in accordance with section 53 of that Act ;
“scheme” means an occupational pension scheme;
“transfer credits” has the meaning given in section 124(1) of the Pensions Act 1995 .
Exceptions to the sex equality rule: bridging pensions
2
The following circumstances are prescribed for the purposes of paragraph 4 of Part 2 of Schedule 7 to the Act (State retirement pensions) —
a
the man is in receipt of a pension from the scheme and has not attained pensionable age but would have attained pensionable age if he were a woman; and
b
an additional amount of pension is paid to the man which does not exceed the amount of Category A retirement pension that would be payable to a woman with earnings the same as the man’s earnings in respect of his period of pensionable service under the scheme (assuming that the requirements for entitlement to Category A retirement pension were satisfied and a claim made).
Exceptions to the sex equality rule: effect of indexation
3
1
The following circumstances are prescribed for the purposes of paragraph 4 of Part 2 of Schedule 7 to the Act (state retirement pensions) —
a
the scheme is a salary-related contracted-out scheme under which the annual rate of a pension payable to or in respect of a member is increased by more than it would have been increased had the recipient been of the other sex; and
b
the amount by which the pension increase exceeds any increase that would have applied had the member been of the other sex, does not exceed the relevant amount.
2
In this regulation, the relevant amount means the amount by which X exceeds Y where —
X is the amount by which the additional pension of a Category A retirement pension attributable to the member’s earnings factors during the member’s period of pensionable service under the scheme would have been increased following an order made under section 150(9) of the Social Security Administration Act 1992 if the member had been of the other sex; and
Y is the amount (if any) by which the member’s entitlement to the additional pension of a Category A retirement pension attributable to the member’s earnings factors during the member’s period of pensionable service under the scheme is increased following an order made under section 150(9) of that Act.
Exceptions to the sex equality rule: use of actuarial factors which differ for men and women
4
1
The factors prescribed for the purposes of paragraph 5(1) of Part 2 of Schedule 7 to the Act (actuarial factors) are actuarial factors which differ for men and women in respect of the differences in the average life expectancy of men and women and which are determined with a view to providing equal periodical pension benefits for men and women.
2
The following benefits are prescribed for the purposes of paragraph 5(2) of Part 2 of Schedule 7 to the Act —
a
a lump sum payment which consists of a commuted periodical pension or part of such a pension;
b
a periodical pension granted in exchange for a lump sum payment;
c
money purchase benefits within the meaning of section 181(1) of the Pension Schemes Act 1993 ;
d
transfer credits and any rights allowed to a member by reference to a transfer from a personal pension scheme;
e
a transfer payment including a cash equivalent within the meaning of section 94 of the Pension Schemes Act 1993 ;
f
a periodical pension payable in respect of a member who opts to take such benefits before normal pension age or in respect of a member who defers taking such benefits until after normal pension age;
g
benefits payable to another person in exchange for part of a member’s benefits and the part of the member’s benefits given up for that purpose.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Miller
Parliamentary Under-Secretary of State,
Department for Work and Pensions
25th August 2010


text:
Citation, commencement and extent
1
1
This Order may be cited as the Crime and Disorder Act 1998 (Intervention Orders) (Amendment) Order 2010 and shall come into force on 30th April 2010.
2
This Order extends to England and Wales.
Amendment of the Crime and Disorder Act 1998 (Intervention Orders) Order 2006
2
For article 4(a) of the Crime and Disorder Act 1998 (Intervention Orders) Order 2006 substitute —
a
“appropriate activities” are such activities as are involved in the provision of drug misuse treatment services under the “Models of care for treatment of adult drug misusers: Update 2006” published by the National Treatment Agency for Substance Misuse in July 2006, and
.
Alan Campbell
Parliamentary Under-Secretary of State
Home Office
29th March 2010


text:
Citation and commencement
1
These Regulations —
a
may be cited as the Environmental Permitting (England and Wales) (Amendment) Regulations 2010; and
b
come into force on 6th April 2010.
Amendment
2
1
The Environmental Permitting (England and Wales) Regulations 2010 are amended as follows.
2
In the first row of the table in paragraph 1(2) of Section 2 of Chapter 5 of Part 1 of Schedule 3 (storage limit in relation to waste oils) for “400 cubic metres” substitute “3 cubic metres”.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
10th March 2010
Jane Davidson
Minister for Environment, Sustainability and Housing
one of the Welsh Ministers
10th March 2010