text:
PART 1 Introductory
Citation and Commencement
1
These Regulations may be cited as the Equality Act 2010 (Disability) Regulations 2010 and shall come into force on 1st October 2010.
Interpretation
2
In these Regulations —
“ the Act ” means the Equality Act 2010;
“addiction” includes a dependency;
“building” means an erection or structure of any kind;
“consultant ophthalmologist” means a consultant or honorary consultant appointed in the medical speciality of ophthalmology, who is employed for the purposes of providing any service as part of the health service continued under section 1(1) and (2) of the National Health Service Act 2006 , section 1(1) and (2) of the National Health Service (Wales) Act 2006 , section 1(1) of the National Health Service (Scotland) Act 1978 or section 2(1)(a) of the Health and Social Care (Reform) Act (Northern Ireland) 2009 ;
“a second requirement duty” means a duty to comply with the second requirement contained in any of the following provisions of the Act —
paragraph 2 of Schedule 2;
paragraph 2 of Schedule 8;
paragraph 3 of Schedule 13;
paragraph 2 of Schedule 15.
PART 2 Determination of Disability
Addictions
3
1
Subject to paragraph (2) below, addiction to alcohol, nicotine or any other substance is to be treated as not amounting to an impairment for the purposes of the Act.
2
Paragraph (1) above does not apply to addiction which was originally the result of administration of medically prescribed drugs or other medical treatment.
Other conditions not to be treated as impairments
4
1
For the purposes of the Act the following conditions are to be treated as not amounting to impairments: —
a
a tendency to set fires,
b
a tendency to steal,
c
a tendency to physical or sexual abuse of other persons,
d
exhibitionism, and
e
voyeurism.
2
Subject to paragraph (3) below, for the purposes of the Act the condition known as seasonal allergic rhinitis shall be treated as not amounting to an impairment.
3
Paragraph (2) above shall not prevent that condition from being taken into account for the purposes of the Act where it aggravates the effect of any other condition.
Tattoos and piercings
5
For the purposes of paragraph 3 of Schedule 1 to the Act, a severe disfigurement is not to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities if it consists of —
a
a tattoo (which has not been removed), or
b
a piercing of the body for decorative or other non-medical purposes, including any object attached through the piercing for such purposes.
Babies and young children
6
For the purposes of the Act, where a child under six years of age has an impairment which does not have a substantial and long-term adverse effect on the ability of that child to carry out normal day-to-day activities, the impairment is to be taken to have a substantial and long-term adverse effect on the ability of that child to carry out normal day-to-day activities where it would normally have that effect on the ability of a person aged 6 years or over to carry out normal day-to-day activities.
Persons deemed to have a disability
7
A person is deemed to have a disability, and hence to be a disabled person, for the purposes of the Act where that person is certified as blind, severely sight impaired, sight impaired or partially sighted by a consultant ophthalmologist.
PART 3 Auxiliary Aids or Services
Auxiliary aids or services
8
1
The following are to be treated as auxiliary aids or services for the purposes of paragraphs 2 to 4 of Schedule 4 to the Act —
a
the removal, replacement or (subject to paragraph (2)) provision of any furniture, furnishings, materials, equipment and other chattels;
b
the replacement or provision of any signs or notices;
c
the replacement of any taps or door handles;
d
the replacement, provision or adaptation of any door bell, or any door entry system;
e
changes to the colour of any surface (such as, for example, a wall or door).
2
Paragraph (1)(a) does not include the provision of any item which would be a fixture when installed.
3
It is reasonable to regard a request for a matter falling within paragraph (1) as a request for a controller of premises to take steps in order to provide an auxiliary aid or service.
4
In paragraph (3), the “controller of premises” means —
a
in relation to paragraph 2 of Schedule 4 to the Act, the controller of let premises;
b
in relation to paragraph 3 of Schedule 4 to the Act, the controller of premises that are to let; and,
c
in relation to paragraph 4 of Schedule 4 to the Act, the commonhold association.
PART 4 Reasonable Adjustments to Physical Features
Reasonableness and design standards
9
1
This regulation prescribes particular circumstances, for the purposes of paragraph 2 of Schedule 2 and paragraph 2 of Schedule 15 to the Act, in which it is not reasonable for a provider of services, a public authority carrying out its functions or an association to have to take the steps specified in this regulation.
2
It is not reasonable for a provider of services, a public authority carrying out its functions or an association to have to remove or alter a physical feature where the feature concerned —
a
was provided in or in connection with a building for the purpose of assisting people to have access to the building or to use facilities provided in the building; and
b
satisfies the relevant design standard.
3
Whether a physical feature satisfies the relevant design standard shall be determined in accordance with the Schedule.
Landlord withholding consent
10
1
This regulation prescribes particular circumstances in which a relevant landlord (L) is to be taken, for the purposes of Schedule 21 to the Act, to have withheld consent for alterations to premises.
2
Subject to paragraph (3), L is to be taken to have withheld such consent where, within the period of 42 days beginning with the date on which L receives the application for consent, L —
a
fails to reply consenting to or refusing the alteration; or
b
i
replies consenting to the alteration subject to obtaining the consent of another person required under a superior leave or pursuant to a binding obligation, but
ii
fails to seek that consent.
3
L is not to be taken to have withheld consent for the purposes of paragraph (2) where —
a
the applicant fails to submit with the application such plans and specifications as it is reasonable for L to require before consenting to the alteration, and
b
within the period of 21 days beginning with the date on which he receives the application, L replies requesting the applicant to submit such plans and specifications.
4
However, where such plans and specifications are submitted to L in response to a request made in accordance with paragraph (3)(b), L shall be taken to have withheld consent to the alteration where, within the period of 42 days beginning with the date on which he receives those plans and specifications L —
a
fails to reply consenting or refusing the alteration; or
b
i
replies consenting to the alteration subject to obtaining the consent of another person required under a superior lease or pursuant to a binding obligation, but
ii
fails to seek that consent.
5
L, who having sought the consent of the other person referred to in paragraphs (2)(b) or (4)(b), receives that consent, shall be taken to have withheld consent to the alteration where, within the period of 14 days beginning with the day on which he receives the consent, L fails to inform the applicant in writing that it has been received.
6
L who, but for the requirements as to time, complies with the requirements of paragraphs (2), (4) or (5) shall be taken to have withheld consent until such time as he so complies.
7
For the purposes of this regulation —
a
L is to be treated as not having sought another’s consent unless he —
i
has applied in writing to that person indicating that —
aa
the occupier has applied for consent to the alteration of the premises in order to comply with a second requirement duty; and
bb
L has given his consent conditionally upon obtaining the other person’s consent; and
ii
submits to that other person any plans and specifications which have been submitted to L;
b
“to reply” means to reply in writing.
Landlord withholding consent unreasonably
11
1
This regulation prescribes particular circumstances in which a relevant landlord (L) is to be taken, for the purposes of Schedule 21 to the Act, to have acted unreasonably in withholding consent for alterations to the premises.
2
The circumstances so prescribed are that the lease provides that L shall give his consent to an alteration of the kind in question and L has withheld his consent to that alteration.
Landlord withholding consent reasonably
12
1
This regulation prescribes particular circumstances in which a relevant landlord (L) is to be taken, for the purposes of Schedule 21 to the Act, to have acted reasonably in withholding consent for alterations to premises.
2
The circumstances so prescribed are where —
a
i
there is a binding obligation requiring the consent of any person to the alteration;
ii
L has taken steps to obtain that consent; and
iii
that consent has not been given, or has been given subject to a condition making it reasonable for L to withhold consent; or
b
L does not know, and could not reasonably be expected to know, that the alteration is one which the occupier proposes to make to comply with a second requirement duty.
Landlord’s consent subject to conditions
13
1
This regulation prescribes particular circumstances in which a condition, subject to which a relevant landlord (L) has given consent to alterations to premises, is to be taken, for the purposes of Schedule 21 to the Act, to be reasonable.
2
The circumstances so prescribed are where the condition is to the effect that —
a
the occupier must obtain any necessary planning permission and any other consent or permission required by or under any enactment;
b
the work must be carried out in accordance with any plans or specifications approved by the L;
c
L must be permitted a reasonable opportunity to inspect the work (whether before or after it is completed);
d
the consent of another person required under a superior lease or a binding agreement must be obtained;
e
the occupier must repay to the L the costs reasonably incurred in connection with the giving of the consent.
Modification of Schedule 21
14
1
In relation to any case where the occupier occupies premises under a sub-tenancy, the provisions of Schedule 21 to the Act shall have effect as if they contained the following modifications.
2
In paragraph 3(3) and (4) and 4(1), for “the landlord” substitute “the immediate landlord” in each place it occurs.
3
After paragraph 3(3), insert the following sub-paragraph —
3A
Except to the extent to which it expressly so provides, any superior lease in respect of the premises shall have effect in relation to the landlord and tenant who are parties to that superior lease as if it provided —
a
for the tenant to be entitled to give his consent to the alteration with the written consent of the landlord;
b
for the tenant to have to make a written application to the landlord for consent if he wishes to give his consent to the alteration;
c
if such an application is made, for the landlord not to withhold his consent unreasonably; and
d
for the landlord to be entitled to make his consent subject to reasonable conditions.
.
4
After paragraph 4(2), insert the following sub-paragraph —
2A
Where the tenant of any superior lease in relation to the premises has applied in writing to his landlord for consent to the alteration and —
a
That consent has been refused, or
b
The landlord has made his consent subject to one or more conditions,
the occupier, tenant or a disabled person who has an interest in the alteration being made may refer the matter to a county court or, in Scotland, the sheriff.
.
5
In paragraph 5 —
a
In sub-paragraph (2), for ‘the landlord’ substitute “any landlord (including any superior landlord)”;
b
In sub-paragraph (3), for paragraph (a), substitute —
a
must grant the request if it is made before the hearing of the complaint or claim begins, unless it considers that another landlord should be joined or sisted as a party to the proceedings.
.
Revocation
15
1
The Regulations listed in paragraph (2) are revoked.
2
The Regulations referred to in paragraph (1) are-
i
the Disability Discrimination (Meaning of Disability) Regulations 1996 ;
ii
the Disability Discrimination (Providers of Services) (Adjustment of Premises) Regulations 2001 ;
iii
the Disability Discrimination (Blind and Partially Sighted Persons) Regulations 2003 ;
iv
the Disability Discrimination (Employment Field) (Leasehold Premises) Regulations 2004 ;
v
the Disability Discrimination (Educational Institutions) (Alteration of Leasehold Premises) Regulations 2005 ;
vi
the Disability Discrimination (Service Providers and Public Authorities Carrying Out Functions) Regulations 2005 ;
vii
the Disability Discrimination (Private Clubs etc ) Regulations 2005 ;
viii
the Disability Discrimination (Premises) Regulations 2006 .
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


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Audiovisual Media Services (Codification) Regulations 2010 and come into force on 18th August 2010.
Amendments to the Broadcasting Act 1990
2
In section 177(6) of the Broadcasting Act 1990 for “Council Directive 89/552/ EEC ” substitute “the Audiovisual Media Services Directive”.
3
In section 202 of that Act —
a
after the definition of “advertising agent” insert —
“the Audiovisual Media Services Directive” means Directive 2010/13/ EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services
;
b
omit subsection (4A).
Amendments to the Communications Act 2003
4
In section 335A(1)(a) of the Communications Act 2003 for “3” substitute “4”.
5
In section 405(1) of that Act for the definition of “the Audiovisual Media Services Directive” substitute —
“the Audiovisual Media Services Directive” means Directive 2010/13/EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services
.
Amendment to the Gambling Act 2005
6
In section 333(5)(a) of the Gambling Act 2005 for “89/552/EEC on the coordination of provisions concerning television broadcasting” substitute “2010/13/EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services”.
Amendment to the Wireless Telegraphy Act 2006
7
In section 115(1) of the Wireless Telegraphy Act 2006 for the definition of “the Audiovisual Media Services Directive” substitute —
“the Audiovisual Media Services Directive” means Directive 2010/13/EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services
.
Ed Vaizey
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
20th July 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pensions Regulator (Contribution Notices) (Sum Specified following Transfer) Regulations 2010 and shall come into force on the day after the day on which they are made.
2
In these Regulations —
“the 1993 Act ” means the Pension Schemes Act 1993 ;
“the 1995 Act ” means the Pensions Act 1995 ;
“baseline sum” means the sum which the Regulator estimates to be the amount of the liabilities of the initial scheme, were those liabilities to be determined, calculated and verified in accordance with section 75(5) (deficiencies in the assets) of the 1995 Act ;
“earner” is to be construed in accordance with sections 3, 4 and 112 of the Social Security Contributions and Benefits Act 1992 ;
“relevant time” has the meaning given by section 39(4);
“rights acquired” means rights allowed to an earner under the rules of a work-based pension scheme, which is not an occupational pension scheme, by reference to a transfer to the scheme of, or a transfer payment to the trustees or managers of the scheme in respect of, any of the earner’s rights (including transfer credits allowed) under an occupational pension scheme;
“transfer credits” has the meaning given by section 181(1) of the 1993 Act .
3
In these Regulations, a reference to a numbered section is a reference to the section of the Pensions Act 2004 bearing that number, unless the context otherwise requires.
Manner of determination of contribution notice sum
2
1
This regulation applies where —
a
the Regulator determines to issue a contribution notice under section 38 in relation to a transferee scheme in accordance with section 39A(2);
b
the transferee scheme —
i
is a scheme to which section 75 (deficiencies in the assets) of the 1995 Act does not apply, or
ii
is a scheme to which that section applies but the liabilities of the scheme that would be taken into account for the purposes of that section do not relate to the members of the initial scheme; and
c
the transfer of the members of the initial scheme is determined by the Regulator to amount to an act or failure to act falling within section 38(5).
2
Subject to regulation 3, the sum specified by the Regulator in the contribution notice may be either the whole or a specified part of the amount calculated in accordance with the following provisions.
3
Stage one of the calculation is to identify the attributable amount, being the amount of the baseline sum at the relevant time which, in the Regulator’s opinion, is attributable to the members transferred.
4
Stage two of the calculation is to deduct from the attributable amount the amount of the aggregate cash value of the transfer credits and rights acquired in the transferee scheme by the members transferred, substituting zero if the calculation results in an amount less than zero.
5
Where this regulation applies and the Regulator is satisfied that, otherwise than by virtue of the transfer, the act or failure to act falling within section 38(5) resulted in the amount of the baseline sum being less than it would otherwise have been, the Regulator may increase the baseline sum by such amount as the Regulator considers appropriate.
6
For the purposes of this regulation —
a
in estimating the baseline sum the Regulator is to disregard the reduction of the liabilities of the initial scheme brought about by the transfer; and
b
the aggregate cash value of the transfer credits and rights acquired in the transferee scheme is the aggregate cash value which, in the Regulator’s opinion, those credits and rights held at the time of their acquisition.
Manner of determination of contribution notice sum: transfer not amounting to act or failure to act
3
1
Where regulation 2 would apply but for the fact that the transfer of the members of the initial scheme is not determined by the Regulator to amount to an act or failure to act falling within section 38(5), the sum specified by the Regulator in the contribution notice may be either the whole or a specified part of the amount of the shortfall sum in the initial scheme at the relevant time which, in the Regulator’s opinion, is attributable to the members transferred.
2
In this regulation “shortfall sum” is to be construed, subject to paragraph (3), in accordance with section 39.
3
In estimating the amounts described in section 39(2) (a) or (b) for the purposes of this regulation, the Regulator is to disregard any reduction of the liabilities of the initial scheme brought about by the transfer.
Signed by authority of the Secretary of State for Work and Pensions
Steve Webb
Minister of State,
Department for Work and Pensions
28th July 2010


text:
1
1
This Order may be cited as the Value Added Tax (Exceptions Relating to Supplies not Made to Relevant Business Person) 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.
2
In Part 3 of Schedule 4A to the Value Added Tax Act 1994 (place of supply of services: exceptions relating to supplies not made to relevant business person), in paragraph 16 (other services provided to recipient belonging outside EC ), for sub-paragraph (2)(f) substitute —
f
the provision of access to, or transmission or distribution through —
i
a natural gas system situated within the territory of a member State or any network connected to such a system, or
ii
an electricity system, or
iii
a network through which heat or cooling is supplied,
and the provision of other directly linked services,
.
Angela Watkinson
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
20th December 2010


text:
Citation and commencement
1
These Regulations may be cited as the Tax Avoidance Schemes (Penalty) (Amendment) Regulations 2010 and come into force on 1st January 2011.
Amendment of the Tax Avoidance Schemes (Penalty) Regulations 2007
2
The Tax Avoidance Schemes (Penalty) Regulations 2007 are amended as follows.
3
For regulation 3 substitute —
3
For the purposes of section 98C(2A) of TMA 1970 , the prescribed sum is £5,000.
4
For regulation 4 substitute —
4
For the purposes of section 98C(2B) of TMA 1970, the prescribed sum is £5,000.
Angela Watkinson
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
15th November 2010


text:
Citation and commencement
1
1
These Regulations may be cited as the M6 Motorway (Junctions 8 to 10A) (Actively Managed Hard Shoulder and Variable Speed Limits) Regulations 2010.
2
Regulations 1, 2 and 4 come into force on 14th April 2010.
3
Regulation 3 comes into force on 10th August 2010.
Interpretation
2
In these Regulations —
“the 1982 Regulations ” means the Motorways Traffic (England and Wales) Regulations 1982 ;
“the 2002 Regulations ” means the Traffic Signs Regulations 2002 ;
“carriageway”, “hard shoulder”, “motorway” and verge” have the same meaning as in the 1982 Regulations;
“emergency refuge area” means a part of a motorway —
which is adjacent to and situated on the left-hand or near side of the hard shoulder or carriageway when facing in the direction in which, in accordance with regulation 6 of the 1982 Regulations, vehicles may be driven, and
whose boundary with the hard shoulder or carriageway is indicated by a marking of the type shown in diagram 1010 in Schedule 6 to the 2002 Regulations; and
“relevant roads” means the lengths of carriageway specified in Schedule 1 together with the adjacent hard shoulders, emergency refuge areas and verges.
Modification of the 1982 Regulations to allow for actively managed hard shoulder
3
1
In relation to the relevant roads, the 1982 Regulations have effect as if they were modified as follows.
2
Paragraph (1) of regulation 3 (interpretation) has effect as if —
a
after sub-paragraph (a), there were inserted —
aa
“actively managed hard shoulder” means the hard shoulder of the relevant roads;
;
b
in sub-paragraph (b)(i) after “the motorway”, there were inserted “, and includes the actively managed hard shoulder when it is treated as a lane of the carriageway in accordance with regulation 5A(3);”;
c
after sub-paragraph (c), there were inserted —
ca
“emergency refuge area” means a part of a motorway —
i
which is adjacent to and situated on the left-hand or near side of the hard shoulder or carriageway when facing in the direction in which, in accordance with regulation 6, vehicles may be driven, and
ii
whose boundary with the hard shoulder or carriageway is indicated by a marking of the type shown in diagram 1010 in Schedule 6 to the Traffic Signs Regulations 2002;
;
d
in sub-paragraph (e) after “hard shoulder”, there were inserted “, subject to regulation 5A,”;
e
in sub-paragraph (g) after “hard shoulder,”, there were inserted “an emergency refuge area,”; and
f
after sub-paragraph (f), there were inserted —
fa
“relevant roads” has the meaning given to it by regulation 2 of the M6 Motorway (Junctions 8 to 10A) (Actively Managed Hard Shoulder and Variable Speed Limits) Regulations 2010;
.
3
Regulation 4 (application) has effect as if for that regulation there were substituted —
Application
4
These Regulations apply to the relevant roads.
4
The 1982 Regulations have effect as if after regulation 5 (vehicles to be driven on the carriageway only) there were inserted —
Use of actively managed hard shoulder
5A
1
Subject to the following provisions of these Regulations, a vehicle may be driven on a relevant length of the actively managed hard shoulder.
2
The relevant length of the actively managed hard shoulder shall be treated for the purposes of these Regulations as a lane of the carriageway.
3
Accordingly where paragraph (2) applies, references in these Regulations —
a
to a carriageway shall be treated as including references to the relevant length of the actively managed hard shoulder; and
b
to a hard shoulder, except in regulation 3(1), shall be treated as excluding references to the relevant length of the actively managed hard shoulder.
4
For the purposes of this regulation “relevant length” in relation to the actively managed hard shoulder means a length of the actively managed hard shoulder that —
a
begins immediately after an overhead gantry on which directly above the actively managed hard shoulder there is displayed a traffic sign of the type shown in diagram 670 in Schedule 2 to the Traffic Signs Regulations 2002 indicating that a speed limit other than the national speed limit applies to the actively managed hard shoulder; and
b
ends immediately before an overhead gantry on which directly above the actively managed hard shoulder there is displayed a traffic sign of the type shown in diagram 5003.1 in Schedule 10, or 6031.1 in Schedule 11, to the Traffic Sign Regulations 2002.
.
5
In regulation 7 (restrictions on stopping), paragraph (2) has effect as if at the end, after “carriageway”, there were added “or on any emergency refuge area which is adjacent to that carriageway or hard shoulder”.
6
Paragraph (3)(a) and (b) of regulation 7, regulation 9 (restriction on the use of hard shoulders), and paragraph (b)(i) of regulation 14 (restrictions affecting animals carried in vehicles) have effect as if, after “hard shoulder” (in each place), there were inserted “or emergency refuge area”.
7
Paragraph (2) of regulation 12 (restriction on use of right hand or off side lane) has effect as if, after “three or more traffic lanes”, there were inserted “(including the actively managed hard shoulder when it is in use as a lane of the carriageway in accordance with regulation 5A)”.
Variable speed limits
4
1
No person shall drive a vehicle on a section of a road which is subject to a variable speed limit at a speed exceeding that indicated by a speed limit sign.
2
A section of a road is subject to a variable speed limit in relation to a vehicle being driven along it if —
a
the road is specified in Schedule 2;
b
the vehicle has passed a speed limit sign; and
c
the vehicle has not passed —
i
another speed limit sign indicating a different speed limit; or
ii
a traffic sign which indicates that the national speed limit is in force.
3
In relation to a vehicle, the speed limit indicated by a speed limit sign is the speed shown at the time the vehicle passes the sign, or, if higher, the speed limit shown by the sign ten seconds before the vehicle passed the sign.
4
For the purpose of this regulation a speed limit sign is to be taken as not indicating any speed limit if, ten seconds before the vehicle passed it, the sign had indicated no speed limit or that the national speed limit was in force.
5
In this regulation —
“national speed limit” has the meaning given by regulation 5(2) of the 2002 Regulations and a traffic sign which indicates that the national speed limit is in force means a traffic sign of the type shown in diagram 671 in Schedule 2 to the 2002 Regulations which is —
placed on or near a road; and
directed at traffic on the carriageway on which the vehicle is being driven;
“road” includes the adjacent hard shoulder and verge;
“speed limit sign”, in relation to a vehicle, means a traffic sign of the type shown in diagram 670 in Schedule 2 to the 2002 Regulations which is —
situated on or near any part of a road specified in Schedule 2; and
directed at traffic on the carriageway on which the vehicle is being driven.
Signed by the authority of the Secretary of State for Transport
C. D. Mole
Parliamentary Under Secretary of State
Department for Transport
7th February 2010


text:
Citation and commencement
1
1
This Order may be cited as the Official Statistics Order 2010.
2
This Order comes into force on the day after the day on which it is made.
Revocation
2
The Official Statistics Order 2009 is revoked.
Official Statistics
3
1
To the extent that they are not otherwise official statistics by virtue of section 6(1)(a) of the Statistics and Registration Service Act 2007, the statistics produced, or to be produced, by the persons listed in the Schedule to this Order are specified as official statistics for the purposes of section 6(1)(b) of that Act.
2
Paragraph (1) does not apply to statistics which are wholly Scottish devolved statistics.
Nick Hurd
Parliamentary Secretary
Cabinet Office
2nd December 2010


text:
By virtue of article 66(4) of that Order, such rules cannot come into force until approved by order of the Privy Council.
Their Lordships, having taken these Rules into consideration, are pleased to, and do, approve them.
This Order may be cited as the General Pharmaceutical Council (Statutory Committees and their Advisers Rules) Order of Council 2010 and comes into force on 27th September 2010.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Finance Act 2009, Schedule 35 (Special Annual Allowance Charge) (Cessation of Effect) Order 2010 and comes into force on the day after the day on which it is made.
Cessation of effect
2
1
Schedule 35 to the Finance Act 2009 (special annual allowance charge) ceases to have effect after the tax year 2010–11 subject to paragraph (2).
2
Paragraph 18 of Schedule 35 (taxation of contributions refund lump sums) continues to have effect for the tax year 2011–12 only and the provisions of Schedule 35 continue to have effect for the purposes of that paragraph for that tax year.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 2010


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (Networks) Exemption Order 2010 and comes into force on the fifteenth day after the day on which it is made.
Interpretation
2
In this Order —
“fairground equipment” means —
any fairground ride; or
any similar equipment which is designed to be in motion solely for entertainment purposes with members of the public on or inside it;
“heritage or tourist network” means a network named or described in the Schedule or within the grounds of a place named or described in the Schedule;
“mine” has the same meaning as in section 180 of the Mines and Quarries Act 1954 ;
“network” means any permanent way or other means of guiding or supporting rail vehicles or any section of it;
“quarry” has the same meaning as in regulation 3 of the Quarries Regulations 1999 ;
“traffic day” means a period of 24 hours starting at 3am.
Authorised use of heritage or tourist rail vehicles
3
1
A rail vehicle first brought into use before 1st January 1999 is authorised to be used for carriage as indicated in paragraph (2) even though —
a
it does not conform with the provisions of rail vehicle accessibility regulations with which it is required to conform, or
b
it is used otherwise than in conformity with the provisions of rail vehicle accessibility regulations with which its use is required to conform,
but this is subject to paragraphs (3) and (4).
2
The authorisation under paragraph (1) applies to —
a
the use for carriage on a heritage or tourist network,
b
the use for carriage in a depot that forms part of a network to which the provisions of rail vehicle accessibility regulations apply and which is not a heritage or tourist network, and
c
the use for carriage on one or more networks —
i
to which the provisions of rail vehicle accessibility regulations apply; and
ii
which are not otherwise authorised by this article,
on not more than 20 traffic days in any calendar year.
3
The authorisation for use for carriage by virtue of paragraph (2)(a) or (b) applies only if the rail vehicle —
a
is used to demonstrate or operate a historical or special type of transport service; and
b
is used primarily for tourist, educational or recreational purposes.
4
The authorisation for use for carriage by virtue of paragraph (2)(c) applies only if —
a
it has been used for carriage in accordance with paragraphs (2)(a) or (b), and (3) at some time in the preceding twelve months,
b
it has been on display at a museum as an example or replica of a historical rail vehicle at some time in the preceding twelve months, or
c
it is a restored vehicle and arrangements are in place —
i
for the rail vehicle to be used in accordance with paragraphs (2)(a) or (b), and (3), or
ii
for it to be displayed at a museum as an example or replica of a historical rail vehicle, and
when it is used for carriage on the first of the 20 permitted traffic days in a calendar year it is being used for the first time after being restored.
Authorised use of rail vehicles on a miscellaneous network
4
1
A rail vehicle is authorised to be used for carriage as indicated in paragraph (2) even though —
a
it does not conform with the provisions of rail vehicle accessibility regulations with which it is required to conform, or
b
it is used otherwise than in conformity with the provisions of rail vehicle accessibility regulations with which its use is required to conform,
but this is subject to paragraph (4).
2
The authorisation under paragraph (1) applies to —
a
the use for carriage on a network described in paragraph (3) (“a miscellaneous network”), and
b
the use for carriage on one or more networks —
i
to which the provisions of rail vehicle accessibility regulations apply; and
ii
which are not miscellaneous networks,
on not more than 20 traffic days in any calendar year.
3
A miscellaneous network is a network which —
a
is situated entirely on premises used for the purposes of an industrial undertaking or an undertaking engaged in the generation of electricity;
b
forms part of a mine or quarry;
c
is used solely in connection with the carrying out of any engineering or building works;
d
is situated entirely within an establishment which is intended to be used solely for the purposes of the armed forces of the United Kingdom or visiting armed forces or the Ministry of Defence;
e
is situated entirely within the grounds of a dwelling house and is not connected to any other network; or
f
is used as or as part of any fairground equipment.
4
The authorisation for use for carriage by virtue of paragraph (2)(b) applies only if it has been used for carriage in accordance with paragraph (2)(a) some time in the preceding twelve months.
Signed by authority of the Secretary of State for Transport
C.D. Mole
Parliamentary Under Secretary of State
Department for Transport
22nd March 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Public Service Vehicles (Operators’ Licences) (Fees) (Amendment) Regulations 2010 and come into force on 1st April 2010.
2
In these Regulations, “the principal Regulations ” means the Public Service Vehicles (Operators’ Licences) (Fees) Regulations 1995 .
Amendments to the Public Service Vehicles (Operators’ Licences) (Fees) Regulations 1995
2
1
The principal Regulations are amended as follows.
2
In regulation 2 the definitions of “the 1995 Regulations”, “five yearly anniversary”, “notice of election”, and “one yearly anniversary” are omitted.
3
In regulation 3, paragraph (4) is omitted.
4
Regulation 4 is omitted.
5
In the Schedule, fee number (ix) is omitted.
Refunds
3
1
For the purposes of these Regulations —
a
a licence has “ceased to be in force” where it has been revoked under section 17(1) or (2) of the Public Passenger Vehicles Act 1981 , or has been surrendered or otherwise terminated under that Act or any other enactment;
b
“an earlier refund” is a refund payment made, before 1st April 2010, under regulation 4 of the principal Regulations as they had effect before the coming into force of these Regulations;
c
the “effective date” of an earlier refund is to be determined in accordance with section A of Part 3 of the Schedule.
d
subject to paragraph (4), “the monthly rate” is F÷N, where F is the relevant fee payment and N is the number of months in the relevant fee period;
e
a “relevant fee payment ” is a payment made at the rate applicable before 20th April 2009 in respect of fee numbers (iii), (iv) or (vi) in the Schedule to the principal Regulations as they had effect before that date;
f
the “relevant fee period” in respect of a relevant fee payment is determined in accordance with paragraph (8);
g
“five yearly anniversary” and “one yearly anniversary” are to have the meaning given by paragraph (9).
2
Subject to paragraphs (4), (5) and (6), a refund calculated in accordance with the formula set out in Part 1 of the Schedule, is to be paid in respect of that part of any relevant fee payment which relates to any part of a relevant fee period occurring after 31st March 2010.
3
Subject to paragraphs (4), (5) and (7), a refund calculated in accordance with the formula set out in Part 2 of the Schedule, is to be paid in respect of that part of any relevant fee payment which relates to any part of a relevant fee period occurring after 31st March 2009 and before 1st April 2010.
4
Where there has been an earlier refund, the monthly rate is to be adjusted, for the purpose of calculating the refund due under paragraph (2) or (3), as follows —
a
the monthly rate is to be applied in full only to that part of the relevant fee period occurring before the effective date of the first or only earlier refund; and
b
a deduction, or successive deductions, calculated in accordance with section B of Part 3 of the Schedule, is to be made to the monthly rate, for the period beginning on the effective date of each earlier refund and ending on the last day of the relevant fee period.
5
Where there was an entitlement in respect of a relevant fee payment to a refund under regulation 4 of the principal Regulations, as they had effect before the coming into force of these Regulations, but none was made before 1st April 2010, any refund paid in respect of that relevant fee payment under paragraph (2) or (3) is to discharge an equivalent amount of that entitlement.
6
Paragraph (2) does not apply where a licence has ceased to be in force before the coming into force of these Regulations.
7
Where a licence has ceased to be in force before the coming into force of these Regulations payment of a refund under paragraph (3) is to be made only —
a
if an application in writing for that refund has been made to a traffic commissioner and
b
in respect of complete months in the period before the licence ceases to be in force or before the effective date of an earlier refund (if earlier).
8
The “relevant fee period” —
a
for a relevant fee payment in respect of fee number (iii) is the period —
i
beginning with the date the decision was made on the application for the grant of the licence in question; and
ii
ending —
aa
where the fee was payable in annual instalments, on the day immediately before the next one yearly anniversary falling on or after 20th April 2009; or
bb
in every other case, on the day immediately before the next five yearly anniversary falling on or after 20th April 2009.
b
for a relevant fee payment in respect of fee number (iv) —
i
where the fee was payable in annual instalments, is the period beginning on the last one yearly anniversary falling before 20th April 2009 and ending on the day immediately before the next one yearly anniversary falling on or after that date; and
ii
in every other case, is the period beginning on the last five yearly anniversary falling before 20th April 2009 and ending on the day immediately before the next five yearly anniversary falling on or after that date;
c
for a relevant fee payment in respect of fee number (vi) is the period during which any disc in respect of which the payment was made was expressed to be in force.
9
For the purposes of these Regulations —
a
“five yearly anniversary” has the meaning it had in the principal Regulations before the coming into force of these Regulations, but with the omission of the words “where no notice of election is in force”; and
b
“one yearly anniversary” has the meaning it had in those Regulations, but with the omission of the words “where a notice of election is in force”.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
23rd February 2010


text:
Citation and commencement
1
1
This Order may be cited as the Kent and Essex Inshore Fisheries and Conservation Order 2010.
2
This Order comes into force on 1st October 2010.
Interpretation
2
1
In this Order —
“the Marine Act ” means the Marine and Coastal Access Act 2009;
“additional member” is to be read in accordance with article 5(2)(c) ;
“ the Authority ” means the Kent and Essex Inshore Fisheries and Conservation Authority (see article 4 );
“chair” means the chair of the Authority (see article 7 );
“council member” is to be read in accordance with article 5(2)(a) ;
“the district” is to be read in accordance with article 3(1) ;
“general member” is to be read in accordance with article 5(2)(b) ;
“relevant appointing body”, in relation to a person, means the body that appointed the person as a member of the Authority;
“relevant council” is to be read in accordance with article 3(3) ;
“vice-chair” is to be read in accordance with article 14 (1).
2
Expressions used in this Order and in Chapter 1 of Part 6 of the Marine Act have the same meaning in this Order as they have in that Chapter.
The Kent and Essex Inshore Fisheries and Conservation District
3
1
There is to be an inshore fisheries and conservation district known as the Kent and Essex Inshore Fisheries and Conservation District (“the district”).
2
The district is the area that consists of —
a
the combined areas of the relevant councils (the “basic area” of the district); and
b
the adjacent area of sea (see paragraph (4) ).
3
The “relevant councils” are —
Essex County Council;
Kent County Council;
Medway Council;
Southend on Sea Borough Council;
Thurrock Council.
4
The “adjacent area of sea” is so much of the sea adjacent to the basic area of the district as lies —
a
within the boundaries specified in paragraph (5) ; and
b
to a distance of 6 nautical miles from the 1983 baselines .
5
Those boundaries are —
a
a loxodromic line joining the co-ordinates numbered 1 to 6 in Part 1 of the Table in the Schedule; and
b
a loxodromic line joining the co-ordinates numbered 1 and 2 in Part 2 of that Table.
6
In this article —
a
“the 1983 baselines” means the baselines for the measurement of the breadth of the territorial sea of the United Kingdom as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 ;
b
“ co-ordinate ” means a co-ordinate of latitude and longitude on the World Geodetic System 1984; and
c
“ nautical mile ” means an international nautical mile of 1,852 metres.
The Kent and Essex Inshore Fisheries and Conservation Authority
4
The inshore fisheries and conservation authority for the district is to be known as the Kent and Essex Inshore Fisheries and Conservation Authority.
Membership of the Authority
5
1
The Authority is to consist of 21 members.
2
Of those 21 members —
a
9 (the “council members”) must be members of relevant councils and must be appointed in accordance with paragraph (3) ;
b
10 (the “general members”) must be persons appointed by the MMO , and must include at least one employee of the MMO; and
c
2 (the “additional members”) must be appointed in accordance with paragraph (4) .
3
The number of council members to be appointed by each relevant council is as follows —
Relevant council Number of members
Essex County Council 3 Kent County Council 3 Medway Council 1 Southend on Sea Borough Council 1 Thurrock Council 1
4
One of the additional members is to be appointed by the Environment Agency and the other is to be appointed by Natural England.
Terms of appointment
6
1
A person appointed as a member of the Authority holds and vacates office in accordance with the terms of the appointment.
2
The terms of appointment of a member are such as the body making the appointment determines.
3
Paragraph (1) is subject to articles 9 to 11 .
Appointment of Chair
7
1
The Authority must appoint from among its members a person to be the chair of the Authority.
2
Paragraph (1) is subject to articles 8(6) and 14(5) (eligibility for re-appointment).
3
The Authority must appoint the chair at the first meeting of the Authority held after the beginning of each financial year.
4
The chair holds office for the period beginning with the meeting at which the chair is appointed and ending with the first meeting of the Authority held after the beginning of the following financial year, but this is subject to articles 8 to 11 .
Removal of Chair
8
1
The Authority may remove a person from the office of chair if the condition in paragraph (2) is met.
2
The condition is that the Authority considers that the person is failing, or has failed, to discharge the duties of the chair in accordance with the requirements of —
a
the Marine Act;
b
this Order; or
c
any standing orders made by the Authority.
3
If a person is removed from the office of chair under this article, the Authority must appoint another person from among its members to the office of chair.
4
Paragraph (3) is subject to paragraph (6) and article 14(5) .
5
The person so appointed —
a
takes office on being appointed; and
b
holds office for the remainder of the period specified in article 7(4) ,
but paragraph (b) is subject to the further application of this article and to articles 9 to 11 .
6
A person who has been removed from the office of chair under this article is not eligible to be re-appointed as chair.
Resignation from office
9
1
A person may resign as a member of the Authority by giving notice in writing to —
a
the Authority; and
b
the relevant appointing body.
2
A person appointed as chair may resign from the office of chair by giving notice in writing to the Authority.
3
The Authority must appoint a person from among its members to the office of chair where —
a
a person who resigns as a member is the chair; or
b
a person appointed as chair resigns from the office of chair.
4
Paragraph (3) is subject to articles 8(6) and 14(5) .
5
The person so appointed —
a
takes office on being appointed; and
b
holds office for the remainder of the period specified in article 7(4) ,
but paragraph (b) is subject to the further application of this article and to articles 8 , 10 and 11 .
Suspension of membership
10
1
The Authority or the relevant appointing body may suspend the appointment of any member against whom criminal proceedings are commenced.
2
Where —
a
the member is acquitted of the offence; or
b
the proceedings are discontinued or withdrawn,
the suspension ends on the acquittal, discontinuance or withdrawal.
3
If the member is the chair, the member is also suspended as chair for the period of the suspension of membership.
4
A council member whose membership of the relevant appointing body is suspended is, for the period of that suspension, also suspended —
a
as a member of the Authority; and
b
if the council member is the chair, as chair.
Termination of membership
11
1
A person’s appointment as a member of the Authority ceases in any of the following circumstances —
a
the person is convicted of an offence under fisheries legislation, nature conservation legislation or marine licensing legislation;
b
a monetary penalty is imposed on the person under fisheries legislation, nature conservation legislation or marine licensing legislation;
c
the person is a council member and ceases to be a member of the relevant council that appointed the person as a member.
2
The Authority may terminate the appointment of a person as a member if the person is convicted of a criminal offence other than one under fisheries legislation, nature conservation legislation or marine licensing legislation.
3
The Authority must appoint a person from among its members to the office of chair where —
a
a person whose membership ceases under this article is the chair; or
b
a person whose membership ceases under the terms of the person’s appointment is the chair.
4
Paragraph (3) is subject to articles 8(6) and 14(5) .
5
The person so appointed —
a
takes office on being appointed; and
b
holds office for the remainder of the period specified in article 7(4) ,
but paragraph (b) is subject to the further application of this article and to articles 8 to 10 .
6
In this article —
a
“fisheries legislation” means enactments relating to sea or freshwater fishing;
b
“marine licensing legislation” means Part 4 of the Marine Act; and
c
“nature conservation legislation” means the enactments mentioned in section 237(2) of the Marine Act.
7
In paragraph (6) “enactment” includes an enactment contained in subordinate legislation.
Eligibility for appointment or re-appointment
12
A person is not eligible for appointment or re-appointment as a member of the Authority if —
a
the person has been convicted of a criminal offence; and
b
the conviction is not spent for the purposes of the Rehabilitation of Offenders Act 1974 .
Quorum and general procedure
13
1
A meeting of the Authority is quorate if —
a
6 or more members are present;
b
at least one of those members is a council member; and
c
at least one of those members is a general member.
2
The relevant councils may not make standing orders as respects the Authority under section 106 of the Local Government Act 1972 (standing orders with respect to proceedings).
Chairing of meetings
14
1
The Authority must appoint from among its members a person (the “vice-chair”) who is to chair any meeting of the Authority which the chair is unable to chair (but see paragraphs (4) and (5) ).
2
If neither the chair nor the vice-chair is able to chair a meeting of the Authority, the members present at the meeting must appoint one of their number to chair the meeting.
3
Articles 7(3) and (4) , 8(1) to (3) and (5) , 9(2), (3) and (5) , 10(3) and (4) and 11(3) and (5) apply to the vice-chair as they apply to the chair.
4
A person who has been removed from the office of chair under article 8 is not eligible to be appointed as vice-chair.
5
A person who has been removed from the office of vice-chair under article 8 is not eligible to be appointed as chair or re-appointed as vice-chair.
Expenses and allowances
15
1
The Authority may reimburse the expenses of its members incurred in connection with attending a meeting of the Authority or otherwise carrying out the functions of the Authority.
2
The Authority may pay to its members such allowances as it may determine.
3
In particular, the Authority may pay to a general member who is not an employee of the MMO an allowance in respect of a loss of earnings arising from that member’s attendance at a meeting of the Authority.
4
The Authority must determine, before the beginning of each financial year, the circumstances in which a member is eligible under this article for the reimbursement of expenses incurred in that year or the receipt of an allowance in respect of that year.
Expenses of the Authority
16
1
The expenses incurred by the Authority must be defrayed by the relevant councils in accordance with paragraph (2) .
2
The percentage of those expenses to be defrayed by each relevant council is as follows —
Relevant council Percentage
Essex County Council 43.12% Kent County Council 43.12% Medway Council 7.55% Southend on Sea Borough Council 2.42% Thurrock Council 3.79%
3
Before the consideration of any motion by virtue of subsection (4) of section 180 of the Marine Act to veto the total amount of expenses incurred by the Authority which is to be defrayed pursuant to that section, the Authority must give notice in writing of that motion to each council member.
Delegation of Authority’s functions
17
1
If the Authority considers it necessary or expedient for the exercise of its functions, it may authorise a sub-committee or any member or employee of the Authority to exercise any of the Authority’s functions.
2
A sub-committee may not include persons who are not members of the Authority.
3
Paragraph (1) does not prevent the Authority from exercising the function itself.
Validity of acts and proceedings
18
The validity of anything done by the Authority, or by any sub-committee of the Authority, is not affected by any of the following —
a
any vacancy in the office of chair or vice-chair;
b
any deficiency in the total number of members of the Authority or sub-committee;
c
any deficiency in the number of council members, general members or additional members;
d
any defect in a person’s appointment as the chair or vice-chair or as a member of the Authority or sub-committee.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
31st August 2010


text:
Citation and commencement
1
This Order may be cited as the Public Interest Disclosure (Prescribed Persons)(Amendment) Order 2010 and shall come into force on 1st October 2012.
Amendment of the Public Interest Disclosure (Prescribed Persons) Order 1999
2
1
The Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999 is amended in accordance with paragraph (2).
2
In the entry relating to the Pensions Regulator, in the Second Column, after “Matters relating to occupational pension schemes and other private pension arrangements”, insert “including matters relating to the Regulator’s objective of maximising compliance with the duties under Chapter 1 of Part 1 (and the safeguards in sections 50 and 54) of the Pensions Act 2008 .”.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
5th January 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ashton, Leigh and Wigan Community Healthcare National Health Service Trust (Establishment) Order 2010 and shall come into force on 1st November 2010.
2
In this Order —
“ the Act ” means the National Health Service Act 2006;
“community health services” means any service which the Secretary of State has a duty to provide under section 3(1)(d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A of that Schedule;
“the trust” means the National Health Service trust established by article 2.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the Ashton, Leigh and Wigan Community Healthcare National Health Service Trust.
Nature and functions of the trust
3
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
2
If the Secretary of State suspends the chairman, or a non-executive director of the trust, the number of non-executive directors of the trust shall increase during the period of suspension by the number of persons so suspended.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st November 2010.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State
Department of Health
11th October 2010


text:
Citation and commencement
1
These Regulations may be cited as the Rules of the Air (Amendment) Regulations 2010 and come into force on 14th April 2010.
Amendment to Rule 6 (exemptions from the low flying prohibitions)
2
In rule 6 of the Rules of the Air set out in Schedule 1 to the Rules of the Air Regulations 2007 , after paragraph (a) insert —
aa
Landing and taking off at a training aerodrome
i
Any aeroplane of which the maximum total weight authorised does not exceed 2730 kg shall be exempt from the low flying prohibitions in so far as it is flying in accordance with normal aviation practice in the circumstances specified in sub-paragraph (iii).
ii
Any helicopter or gyroplane of which the maximum total weight authorised does not exceed 3175 kg shall be exempt from the low flying prohibitions in so far as it is flying in accordance with normal aviation practice in the circumstances specified in sub-paragraph (iii).
iii
An aeroplane or helicopter or gyroplane flies in the circumstances specified in this sub-paragraph if —
aa
it is flying for the purpose of taking off from, landing at or practising approaches to landing at a training aerodrome; and
bb
the flight is one on which instruction in flying is being given to a person or a flying test is being performed by a person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion or variation of an aircraft rating, a night rating or a night qualification in a licence.
iv
For the purposes of sub-paragraph (iii), a “training aerodrome” means an aerodrome which the commander of the aircraft is satisfied on reasonable grounds has adequate facilities for the safe conduct of flights on which instruction in flying is being given to a person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion or variation of any rating or qualification in the licence.
.
Signed by authority of the Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
17th March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Motor Cycles Etc. and Tractors Etc. (EC Type Approval) (Amendment) Regulations 2010 and come into force on 1st June 2010.
Amendment of the Motor Cycles Etc. Regulations
2
In the Table in Schedule 1 (separate directives) to the Motor Cycles Etc. (EC Type Approval) Regulations 1999 , omit item 7 and at the end add the item set out in the Table below —
Table
Item Principal Directives Official Journal Reference Subject Matter and (where applicable) the Chapter of the Annex
19 2009/139/EC† L322, 9.12.2009, p. 3 Statutory markings for two- or three-wheel motor vehicles
Amendment of the Tractor etc Regulations
3
1
The Tractor etc (EC Type-Approval) Regulations 2005 are amended as follows.
2
In regulation 2(1), in the definition of “separate directive”, for “the Motor Cycles Etc. and Tractors Etc. (EC Type Approval) (Amendment) Regulations 2009”, substitute “the Motor Cycles Etc. and Tractors Etc. (EC Type Approval) (Amendment) Regulations 2010”.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
30th March 2010
Department for Transport


text:
Application, citation and commencement
1
These Regulations, which apply to England only, may be cited as the Central Rating List (England) (Amendment) (No. 2) Regulations 2010 and shall come into force —
a
for all purposes other than those of regulation 2(3), on 17th December 2010, and
b
for the purposes of regulation 2(3), with effect from 1st April 2010.
Amendment of the Central Rating List (England) Regulations 2005
2
1
The Central Rating List (England) Regulations 2005 are amended as follows.
2
In Part 3 of the Schedule (Communication Hereditaments), in the column headed “Designated Person”, below the words “Energis Communications Limited” insert —
The company bearing the name Exponential-e Limited on 1st September 2010
The company bearing the name Easynet Telecommunications Limited on 1st September 2010
The company bearing the name Cogent Communications UK Limited on 1st September 2010
The company bearing the name Level 3 Communications Limited on 1st September 2010
The company bearing the name Sohonet Limited on 1st September 2010
The company bearing the name Colt Technology Services Group Limited on 1st September 2010
The company bearing the name T.M.I. Telemedia International Limited on 1st September 2010
.
3
In Part 12 of the Schedule (long distance pipe-line hereditaments), in the column headed “Designated Person” for the words “Total Downstream UK Plc” substitute “with effect from 1st April 2010, the company bearing the name Total UK Ltd on that date”.
Amendment of the Non-Domestic Rating (Communications and Light Railways) (England) Regulations 2005
3
1
The Non-Domestic Rating (Communications and Light Railways) (England) Regulations 2005 are amended as follows.
2
In Part 1 of the Schedule (Communications Hereditaments), delete the entries relating to “Colt Telecom Group Plc”, “Easynet Telecommunications Limited” and “Level 3 Communications Ltd”.
Signed by authority of the Secretary of State for Communities and Local Government
Robert Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
4th November 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Children, Schools and Families Act 2010 (Commencement No.1) Order 2010.
2
In this Order “ the Act ” means the Children, Schools and Families Act 2010.
Provisions coming into force on 19th July 2010
2
19th July 2010 is the day appointed for the coming into force of the following provisions of the Act —
sections 5 and 6;
paragraph 2 of Schedule 3, and section 25 so far as it relates to that paragraph of that Schedule.
Provisions coming into force on 1st September 2010
3
1st September 2010 is the day appointed for the coming into force of sections 1 and 2 of the Act.
Provisions coming into force on 1st April 2011
4
1st April 2011 is the day appointed for the coming into force of section 4(2), (3) and (4) of the Act.
Nick Gibb
Minister of State
Department for Education
14th July 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the School Finance (England) (Amendment) Regulations 2010 and come into force on 8th March 2010.
2
These Regulations apply only in relation to England.
Amendment of the School Finance (England) Regulations 2008
2
The School Finance (England) Regulations 2008 are amended in accordance with the following regulations.
3
In regulation 1(4) —
a
after the definition of “the 2006 Act”, insert —
“the 2009 Act ” means the Apprenticeships, Skills, Children and Learning Act 2009 ;
;
b
for the definition of “admission number”, substitute —
“admission number” means the number of children in any relevant age group intended to be admitted in any school year as determined or, where the context requires, proposed to be determined by an admission authority in accordance with section 88D of the 1998 Act ;
;
c
for the definition of “specific grant”, substitute —
“specific grant” means any grant (other than the Dedicated Schools Grant or any grant made by the LSC under section 7 of the 2000 Act or by the YPLA under section 61 of the 2009 Act) paid to a local authority under conditions which impose restrictions on the particular purposes for which the grant may be used;
;
d
at the end of the definition of “termination of employment costs”, for the full stop substitute a semi-colon;
e
after the definition of “termination of employment costs”, insert —
“YPLA” is the Young People’s Learning Agency for England ;
.
4
In regulation 15 —
a
in paragraph (2) —
i
in sub-paragraph (a)(i), for “recognised as” substitute “have”; and
ii
in sub-paragraph (b), after “(sixth form pupils)” insert “or the YPLA (sixth form pupils)”.
b
at the end of paragraph (4)(h), omit “and”; and
c
at the end of paragraph (4)(i), for the full stop substitute a semi-colon and after paragraph (4)(i) insert —
j
whether the pupil is registered at more than one maintained school;
.
5
In regulation 21 —
a
in paragraph (1), after “LSC” insert “or the YPLA”;
b
in paragraph (3), after “LSC’s” insert “or the YPLA’s”; and
c
in paragraph (4), after “LSC” insert “or the YPLA”.
6
In regulation 23(2), after “section 7 of the 2000 Act” insert “or by the YPLA under section 61 of the 2009 Act”.
7
For regulation 28, substitute —
28
1
A local education authority —
a
must publish their scheme on a website which is accessible to the general public; and
b
may publish it elsewhere, in such manner as they see fit.
2
Whenever a local education authority revise the whole or part of their scheme they must publish the scheme as revised on a website which is accessible to the general public by the date that the revisions are due to come into force, together with a statement that the revised scheme comes into force on that date.
.
8
In paragraph 1(a) of Schedule 4, after “Act” insert “or by the YPLA under section 61 of the 2009 Act”.
Vernon Coaker
Minister of State
Department for Children, Schools and Families
4th February 2010


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Communications (Television Licensing) (Amendment) Regulations 2010 and come into force on 1st April 2010.
2
These Regulations extend to the Channel Islands and the Isle of Man.
Amendment of the 2004 Regulations
2
The Communications (Television Licensing) Regulations 2004 (“the 2004 Regulations”) are amended as set out in regulations 3 to 7 of these Regulations.
Amendment of Schedule 1
3
In Schedule 1 (Issue fees for TV licences) —
a
for “£48.00” in each place where it occurs substitute “£49.00”; and
b
for “£142.50” in each place where it occurs substitute “£145.50”.
Amendment of Schedule 2
4
1
Schedule 2 (Fees for TV licences payable by instalments) is amended as follows.
2
In paragraph 2(1) for “£36.89” and “£36.87” substitute, respectively, “£37.64” and £37.62”.
3
In each of paragraphs 5(1) and 6(1), for “2009” substitute “2010”.
4
For table 1 substitute table 1 in the Schedule to these Regulations.
5
For table 2 substitute table 2 in the Schedule to these Regulations.
6
In paragraph 7 —
a
in sub-paragraph (6)(b) for “2009” substitute “2010”; and
b
for “£83.15” and “£11.87” substitute, respectively, “£84.90” and “£12.12”.
7
For table 3 substitute table 3 in the Schedule to these Regulations.
8
In paragraph 9 —
a
in sub-paragraph (a) for “£5.50” substitute “£5.60”; and
b
in sub-paragraph (c) for “£5.50” and “£5.00” substitute, respectively, “£5.60” and “£5.50”.
9
In paragraph 11 —
a
in sub-paragraph (1) for “£71.50” substitute “£74.00”;
b
in sub-paragraph (2) for “£58.50” substitute “£61.00”;
c
in sub-paragraph (3) for “£51.50” substitute “£52.50”;
d
in sub-paragraph (4) for “£40.00” substitute “£41.50”; and
e
in sub-paragraph (5) for “£27.00” substitute “£28.50”.
10
In paragraph 12 —
a
in sub-paragraph (1) for “£71.50” substitute “£74.00”;
b
in sub-paragraph (2)(b) for “£7.10” substitute “£7.15”;
c
in sub-paragraph (3)(b) for “£8.90” and “£8.70” substitute, respectively, “£8.95” and “8.85”;
d
in sub-paragraph (4)(b) for “£11.90” and “£11.50” substitute, respectively, “£11.95” and “£11.75”; and
e
for sub-paragraph (5)(b) substitute —
b
the amount of each of the first 3 instalments is to be £17.90 and the final instalment is to be £17.80.
11
In paragraph 13 —
a
in sub-paragraph (1) for “£58.50” substitute “£61.00”;
b
in sub-paragraph (2)(a) for “£8.40” substitute “£8.45”;
c
for sub-paragraph (2)(b) substitute —
b
sub-paragraph (3)(b) is to have effect as if it provided for each of the first 7 instalments to be £10.60 and the final instalment to be £10.30;
;
d
for sub-paragraph (2)(c) substitute —
c
sub-paragraph (4)(b) is to have effect as if it provided for the amount of each of the first 5 instalments to be £14.10 and the final instalment to be £14.00;
; and
e
for sub-paragraph (2)(d) substitute —
d
sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the first 3 instalments to be £21.15 and the final instalment to be £21.05.
.
12
In paragraph 14 —
a
in sub-paragraph (1) for “£51.50” substitute “£52.50”;
b
in sub-paragraph (2)(a) for “£9.10” substitute “£9.30”;
c
in sub-paragraph (2)(b) for “£11.40” and “£11.20” substitute, respectively, “£11.65” and “£11.45”;
d
for sub-paragraph (2)(c) substitute —
c
sub-paragraph (4)(b) is to have effect as if it provided for the amount of each of the 6 instalments to be £15.50;
; and
e
in sub-paragraph (2)(d) for “£22.75” substitute “£23.25”.
13
In paragraph 15 —
a
in sub-paragraph (1) for “£40.00” substitute “£41.50”;
b
in sub-paragraph (2)(a) for “£10.25” substitute “£10.40”;
c
for sub-paragraph (2)(b) substitute —
b
sub-paragraph (3)(b) is to have effect as if it provided for the amount of each of the 8 instalments to be £13.00;
;
d
in sub-paragraph (2)(c) for “£17.10” and “£17.00” substitute, respectively, “£17.35” and “£17.25”; and
e
in sub-paragraph (2)(d) substitute —
d
sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the 4 instalments to be £26.00.
.
14
In paragraph 16 —
a
in sub-paragraph (1) for “£27.00” substitute “£28.50”;
b
in sub-paragraph (2)(a) for “£11.55” substitute “£11.70”;
c
in sub-paragraph (2)(b) for “£14.45” and “£14.35” substitute, respectively, “£14.65” and “£14.45”;
d
in sub-paragraph (2)(c) for “£19.25” substitute “£19.50”; and
e
for sub-paragraph (2)(d) substitute —
d
sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the 4 instalments to be £29.25.
.
15
In paragraph 17 —
a
in sub-paragraph (2)(a) for “£13.20” substitute “£13.50”;
b
for sub-paragraph (2)(b) substitute —
b
sub-paragraph (3)(b) is to have effect as if it provided for the amount of each of the first 7 instalments to be £16.90 and the amount of the final instalment to be £16.70;
;
c
in sub-paragraph (2)(c) for “£22.00” substitute “£22.50”; and
d
in sub-paragraph (2)(d) for “£33.00” substitute “£33.75”.
Amendment of Schedule 3
5
1
In the table in Part 1 of Schedule 3 (Fees for Interim TV licences) for “£4.00” and “£11.875” substitute, respectively, “£4.08” and “£12.12”.
2
In paragraph 1(5)(b) of Part 2 of that Schedule (Interim TV Licence (Including Colour): Payment by Instalments) for “£142.50” substitute “£145.50”.
Amendment of Schedule 5
6
1
Schedule 5 (TV licence fees for hotels and hospitality areas and mobile units) is amended as follows.
2
In the definition of “relevant amount” —
a
in paragraph (a) for “£48.00 substitute “£49.00”; and
b
in paragraph (b) for “£142.50” substitute “£145.50”.
3
In paragraph 3(1)(a) for “£48.00” substitute “£49.00”.
4
In paragraph 3(1)(b) for “£142.50” substitute “£145.50”.
Saving and transitional provision
7
In relation to a TV licence issued before 1 st April 2010 Schedules 1 to 5 to the 2004 Regulations continue to have effect without the amendments made by these Regulations.
Ben Bradshaw
Secretary of State
Department for Culture, Media and Sport
1st March 2010
We consent to the making of these Regulations to the extent that they are made under section 365 of the Communications Act 2003
Steve McCabe
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 2010


text:
Title and commencement
1
This Order may be cited as The Whole of Government Accounts (Designation of Bodies) Order 2010 and shall come into force on 20th April 2010.
Designation
2
The bodies listed in the Schedule to this Order are designated in respect of the financial year ending on 31st March 2010 for the purposes of section 10 of the Government Resources and Accounts Act 2000.
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
29th March 2010