text:
PART 1 General
Citation and commencement
1
These Regulations may be cited as the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2009 and come into force on 17th September 2009.
Interpretation
2
In these Regulations —
“additional daily penalty” has the meaning given by regulation 21(1)(b);
“address” means, in relation to electronic communications, any number or address used for the purpose of such communication;
“affected party” has the meaning given by paragraph 8(a) of Schedule 2;
“aircraft operator” has the meaning given by regulation 3;
“allowance” means an allowance issued to aircraft operators under Article 3e of the EU ETS Directive ;
“appeal body” has the meaning given by regulation 36(6);
“area”, in relation to a regulator, means —
in respect of the Environment Agency, England and Wales;
in respect of the Scottish Environment Protection Agency, Scotland;
in respect of the chief inspector, Northern Ireland;
“authority” has the meaning given by regulation 7;
“aviation activity” means the category of aviation activity listed in Annex I to the EU ETS Directive but with the reference to 1st January 2012 omitted;
“aviation emissions” means emissions from an aviation activity;
“benchmarking plan” means a plan issued under regulation 10(1)(a);
“chief inspector” means the chief inspector constituted under regulation 8(3) of the Northern Ireland Regulations ;
“Commission list” means the list of operators specified in Commission Regulation (EC) No 748/2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/ EC on or after 1 January 2006 specifying the administering Member State for each aircraft operator , as amended from time to time;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 ;
“emissions” means the release of greenhouse gases into the atmosphere;
“emissions plan” means a plan issued under regulation 15;
“EU ETS Directive” means Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emissions allowance trading within the Community and amending Council Directive 96/61/EC , as amended from time to time;
“greenhouse gases” has the meaning given by Article 3(c) of the EU ETS Directive;
“independent verifier” means a person or body accredited or endorsed by UKAS to carry out the verification requirements of Article 15 of the EU ETS Directive;
“interested party” has the meaning given by paragraph 8(b) of Schedule 2;
“ Monitoring and Reporting Decision ” means Commission Decision 2007/589/EC establishing guidelines for the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council , as amended from time to time;
“Northern Ireland Regulations” means the Pollution Prevention and Control Regulations (Northern Ireland) 2003 ;
“Planning Appeals Commission” means the Planning Appeals Commission established under Article 110 of the Planning (Northern Ireland) Order 1991 ;
“registered office” means the address that is required under section 86 of the Companies Act 2006 ;
“regulator” has the meaning given by regulations 4, 5 and 6;
“tonne-kilometre data” has the meaning given by Part B of Annex IV to the EU ETS Directive;
“trading period” means one of the following periods —
2012;
2013 to 2020; or
subsequent periods of eight calendar years;
“ UK operator” means a person who is —
identified in the Commission list; and
specified in that list as an operator to be administered by the United Kingdom;
“UKAS” means the United Kingdom Accreditation Service .
Aircraft operator
3
A person is an “aircraft operator” in relation to each calendar year from 1st January 2009 where in respect of that calendar year that person —
a
is a UK operator; and
b
performs an aviation activity.
Regulator: general
4
Subject to regulations 5 and 6, the regulator of a UK operator is —
a
the Environment Agency, where the UK operator —
i
has its registered office in England or Wales; or
ii
does not have a registered office in the United Kingdom;
b
the Scottish Environment Protection Agency, where the UK operator has its registered office in Scotland;
c
the chief inspector, where the UK operator has its registered office in Northern Ireland.
Regulator: assessment of emissions
5
1
Where the regulator is satisfied that the relevant data is available to it, the regulator (“A”) must —
a
assess whether the highest percentage of aviation emissions of an aircraft operator without a registered office in the United Kingdom (“B”) are attributable to the area of a different regulator (“C”);
b
do so by 14th December in the final year of each trading period; and
c
make this assessment taking into account data from the trading period to the date of the assessment.
2
Where that assessment shows that the highest percentage of emissions is attributable to the area of C, A must give notice to B and C by 21st December in the final year of the trading period.
3
Where —
a
A has given notice under paragraph (2); and
b
the regulator for the trading period following that notice is not determined under regulation 6,
C is the regulator of B from the beginning of that trading period.
Regulator: registered office changes
6
1
Where —
a
a UK operator changes its registered office to the area of a different regulator (“A”); and
b
the UK operator gives notice of the change to A and its existing regulator,
A is the regulator of the UK operator from the beginning of the trading period following the service of the notice.
2
Where —
a
a UK operator which did not have a registered office in the United Kingdom acquires such a registered office;
b
that registered office is in the area of a regulator (“A”) that is not the regulator (“B”) of the UK operator in the trading period; and
c
the UK operator gives notice of the acquisition to A and B,
A is the regulator of the UK operator from the beginning of the trading period following the service of the notice.
Authority
7
In regulations 21, 38 and 39 the authority is —
a
the Welsh Ministers, where the UK operator —
i
has its registered office in Wales; and
ii
is regulated by the Environment Agency;
b
the Scottish Ministers, where the regulator is the Scottish Environment Protection Agency;
c
the Northern Ireland Department of the Environment, where the regulator is the chief inspector;
d
otherwise, the Secretary of State.
PART 2 Application for a free allocation
Application of this Part
8
The requirements of this Part apply where a UK operator wishes to apply for allowances to be issued to it under Article 3e of the EU ETS Directive.
Application for a benchmarking plan
9
1
Where this paragraph applies a UK operator must apply to the regulator for a benchmarking plan by 31st December 2009.
2
That application must contain —
a
the name, telephone number and —
i
the postal address (including postcode) in the United Kingdom for service; or
ii
the address for service using electronic communication,
of the UK operator;
b
a proposed plan to monitor tonne-kilometre data from its aviation activity in accordance with the Monitoring and Reporting Decision; and
c
a fee of £830.
Issue of a benchmarking plan
10
1
Where a UK operator has applied for a benchmarking plan under regulation 9 the regulator must, by notice to the UK operator —
a
issue to the UK operator a plan setting how it must monitor tonne-kilometre data (“a benchmarking plan”); or
b
refuse to issue a plan where it is not satisfied that the proposed plan to monitor tonne-kilometre data complies with the Monitoring and Reporting Decision or the EU ETS Directive.
2
A notice under paragraph (1) must be served as soon as is reasonably practicable and in any event within 4 months of the date of the application under regulation 9.
3
Where the regulator by notice refuses to issue a benchmarking plan under paragraph (1)(b) it must state in that notice what changes must be made to the application under regulation 9.
4
Where the regulator fails to give notice in accordance with paragraph (2) the application is deemed to be refused.
Monitoring tonne-kilometre data
11
Where this regulation applies a UK operator must monitor tonne-kilometre data from its aviation activity carried out in 2010 in accordance with the benchmarking plan issued to it and the Monitoring and Reporting Decision.
Reporting tonne-kilometre data
12
Where this regulation applies a UK operator must —
a
prepare a report of its tonne-kilometre data monitored in accordance with regulation 11;
b
ensure that report —
i
complies with the Monitoring and Reporting Decision and Annex IV to the EU ETS Directive; and
ii
is verified by an independent verifier in accordance with the Monitoring and Reporting Decision and Annex V to the EU ETS Directive; and
c
submit that report to the regulator by 31st March 2011.
Submission of the report to the Secretary of State and the European Commission
13
1
Where a UK operator has submitted a report under regulation 12(c) the regulator must, by 30th April 2011 —
a
submit that report to the Secretary of State; or
b
subject to paragraph (2), refuse to do so where it is not satisfied that the UK operator has complied with the requirements of this Part,
and give notice to the UK operator of the submission or the refusal.
2
The regulator may submit a report to the Secretary of State under paragraph (1)(a) where a UK operator has otherwise complied with the requirements of this Part but failed to meet the period for compliance in regulation 9(1) or 12(c).
3
Where the regulator by notice refuses to submit the report under paragraph (1)(b) it must state in that notice its reasons for doing so.
4
Where the regulator fails to submit or refuse to submit the report under paragraph (1) by 30th April 2011 the submission of the report is deemed to be refused.
5
The Secretary of State must submit a report submitted to it under paragraph (1)(a) to the European Commission by 30th June 2011.
PART 3 Monitoring and reporting aviation emissions
Application for an emissions plan
14
1
An aircraft operator must apply to the regulator for an emissions plan —
a
where a person is an aircraft operator when these regulations come into force, by 12th November 2009;
b
subject to paragraph (3), where a person becomes an aircraft operator after that date, within 8 weeks of becoming an aircraft operator.
2
An application for an emissions plan under paragraph (1) must contain —
a
the name, telephone number and —
i
the postal address (including postcode) in the United Kingdom for service; or
ii
the address for service using electronic communication,
of the aircraft operator;
b
a proposed plan to monitor the emissions from its aviation activity in accordance with the Monitoring and Reporting Decision; and
c
a fee of £750.
3
An aircraft operator must not apply for an emissions plan under paragraph (1)(b) where it has previously been issued such a plan under regulation 15.
Issue of an emissions plan
15
1
Where an aircraft operator has applied for an emissions plan under regulation 14 the regulator must, by notice to the aircraft operator —
a
issue to the aircraft operator a plan setting out how it must monitor emissions from the aircraft operator’s aviation activity (“an emissions plan”); or
b
refuse to do so where it is not satisfied that the proposed plan complies with the Monitoring and Reporting Decision or Annex IV to the EU ETS Directive.
2
A notice under paragraph (1) must be served as soon as is reasonably practicable and in any event within 4 months of the date of the application under regulation 14.
3
Where the regulator by notice refuses to issue an emissions plan under paragraph (1)(b) it must state in that notice what changes must be made to the application under regulation 14.
4
Where an application for an emissions plan is refused under paragraph (1) the aircraft operator must resubmit the application within 31 days of the refusal.
5
Following the resubmission of an application under paragraph (4), the regulator must within 24 days comply with paragraph (1).
6
Where the regulator fails to give notice by the deadline specified under paragraph (1) or (5) the application for an emissions plan is deemed to be refused.
Monitoring emissions
16
From the date it is issued with an emissions plan, an aircraft operator must, in each calendar year from 1st January 2010, monitor its aviation emissions in accordance with —
a
that plan; and
b
the Monitoring and Reporting Decision.
Reporting emissions
17
1
An aircraft operator must for each calendar year from 1st January 2010 —
a
prepare a report of its aviation emissions; and
b
ensure that report —
i
complies with the Monitoring and Reporting Decision and Annex IV of the EU ETS Directive; and
ii
is verified by an independent verifier in accordance with and the Monitoring and Reporting Decision and Annex V to the EU ETS Directive.
2
An aircraft operator must submit a report prepared and verified in accordance with paragraph (1) to the regulator by 31st March in the following year.
Monitoring and Reporting Decision requirements
18
An aircraft operator must —
a
keep the information specified in section 9 of Annex I to the Monitoring and Reporting Decision for at least 10 years after the submission of a report under regulation 17(2); and
b
in a timescale specified by the regulator, address any non-conformities and misstatements identified by the independent verifier under regulation 17(1)(b)(ii).
Duty of the regulator to determine emissions
19
1
Where an aircraft operator fails to comply with regulation 17, the regulator must determine the aviation emissions of the aircraft operator that have not been reported in accordance with that regulation.
2
Where the regulator is required to make a determination under paragraph (1) it —
a
must, if an aircraft operator submits a report that complies with regulation 17 late but before the regulator makes a determination under paragraph (1), use the emissions reported for its determination;
b
must, so far as possible, ensure that determination complies with the Monitoring and Reporting Decision and Annexes IV and V to the EU ETS Directive;
c
must give notice of any determination under paragraph (1) to the aircraft operator; and
d
may recover the cost of making that determination from the aircraft operator.
PART 4 Information
Information
20
1
The regulator may serve a notice on an aircraft operator requiring the aircraft operator to provide information.
2
A notice under paragraph (1) —
a
must set out the information required;
b
may state the form in which that information is to be provided;
c
must state the deadline for the provision of that information;
d
may only be served for the purpose of discharging the regulator’s functions under these Regulations.
PART 5 Civil penalties
Procedure
21
1
Where a person is liable to a civil penalty under regulations 24 to 29 the regulator must —
a
give notice to the person liable to the civil penalty; and
b
state in that notice whether or not the person is liable to a daily penalty in accordance with regulation 24(2), 25(2), 26(2), 28(2) or 29(2) (“additional daily penalty”).
2
Where a person is liable to an additional daily penalty the regulator must, when the amount of the additional daily penalty can be determined, give notice to the person liable to the penalty of the total amount due under this Part.
3
Where a civil penalty does not include an additional daily penalty that penalty is due one month after notice is given under paragraph (1).
4
Where a civil penalty includes an additional daily penalty that penalty is due on the date one month after notice is given under paragraph (2).
5
A civil penalty must be paid to the regulator.
6
Any civil penalty imposed is recoverable —
a
as a civil debt; and
b
where appropriate, in accordance with regulation 30.
7
The regulator must —
a
give notice to the authority of any notice of a civil penalty given under paragraph (1) or (2); and
b
pass any civil penalty paid to it to the authority.
Variable amounts
22
1
Where an aircraft operator is liable to a civil penalty under regulation 25, 28 or 29 the regulator may, in a notice given under regulation 21, substitute a lower amount than specified in those regulations.
2
Before substituting a lower amount under paragraph (1) the regulator must —
a
take into account the seriousness of the failure to comply; and
b
ensure that the new amount provides for an effective and dissuasive penalty.
Waiver and modification
23
1
Paragraph (2) applies where —
a
the person liable to a civil penalty or upon whom a civil penalty has been imposed demonstrates to the satisfaction of the regulator, within 8 weeks of the service of a notice under regulation 21(1), that the person exercised all due diligence and took all steps possible —
i
to comply with the provision of the Regulations giving rise to the penalty; or
ii
to rectify any failure in compliance as soon as it came to that person’s notice, provided that the person was acting reasonably in being unaware of the failure in compliance; and
b
in all the circumstances it is reasonable to exercise the powers set out in paragraph (2).
2
The regulator may —
a
waive a civil penalty;
b
impose or substitute a lower civil penalty;
c
allow the person a period of no more than 31 days to rectify any failure in compliance before it imposes a civil penalty, subject to such conditions (if any) as it considers appropriate;
d
extend the time for payment.
Failure to submit or resubmit an application for an emissions plan
24
1
The civil penalties in paragraph (2) apply where an aircraft operator —
a
fails to submit or submits late an application for an emissions plan, contrary to regulation 14;
b
fails to resubmit or resubmits late an application for an emissions plan under regulation 15(4).
2
The civil penalties are —
a
for a failure before 1st January 2012 —
i
£500; and
ii
£50 for each day that the application or resubmission of an application is provided late following the service of a notice under regulation 21(1), up to a maximum of £4,500;
b
for a failure on or after 1st January 2012 —
i
£1,500; and
ii
£150 for each day that the application or resubmission of an application is provided late following the service of a notice under regulation 21(1), up to a maximum of £13,500.
Failure to monitor aviation emissions
25
1
The civil penalties in paragraph (2) apply where an aircraft operator fails to monitor aviation emissions, contrary to regulation 16.
2
The civil penalties are —
a
for a failure before 1st January 2012 —
i
£500; and
ii
£50 for each day that the aircraft operator fails to monitor aviation emissions following the service of a notice under regulation 21(1), up to a maximum of £4,500;
b
for a failure on or after 1st January 2012 —
i
£1,500; and
ii
£150 for each day that the aircraft operator fails to monitor aviation emissions following the service of a notice under regulation 21(1), up to a maximum of £13,500.
Failure to report aviation emissions
26
1
The civil penalties in paragraph (2) apply where an aircraft operator fails to report or reports late aviation emissions, contrary to regulation 17.
2
The civil penalties are —
a
for a failure before 1st January 2012 —
i
£1,250; and
ii
£125 for each day that the aircraft operator fails to report or reports late aviation emissions following the service of a notice under regulation 21(1), up to a maximum of £11,250;
b
for a failure on or after 1st January 2012 —
i
£3,750; and
ii
£375 for each day that the aircraft operator fails to report or reports late aviation emissions following the service of a notice under regulation 21(1), up to a maximum of £33,750.
Making false or misleading statements
27
1
The civil penalty is £1,000 where a UK operator makes a statement which is false or misleading in a material particular in a report submitted under regulation 12.
2
The civil penalty is £1,000 where an aircraft operator makes a statement which is false or misleading in a material particular in a report submitted under regulation 17.
Failure to comply with requirements of the Monitoring and Reporting Decision
28
1
The civil penalties in paragraph (2) apply where an aircraft operator fails to comply with regulation 18.
2
The civil penalties are —
a
for a failure before 1st January 2012 —
i
£500; and
ii
£50 for each day that the aircraft operator fails to comply with regulation 18 following the service of a notice under regulation 21(1), up to a maximum of £4,500;
b
for a failure on or after 1st January 2012 —
i
£1,500; and
ii
£150 for each day that the aircraft operator fails to comply with regulation 18 following the service of a notice under regulation 21(1), up to a maximum of £13,500.
Failure to comply with information notices
29
1
The civil penalties in paragraph (2) apply where an aircraft operator fails to comply with an information notice, contrary to regulation 20.
2
The civil penalties are —
a
for a failure before 1st January 2012 —
i
£500; and
ii
£50 for each day that the aircraft operator complies late or fails to comply with an information notice following the service of a notice under regulation 21(1) up to a maximum of £4,500;
b
for a failure on or after 1st January 2012 —
i
£1,500; and
ii
£150 for each day that the aircraft operator fails to comply with an information notice following the service of a notice under regulation 21(1), up to a maximum of £13,500.
PART 6 Detention and sale of aircraft for unpaid civil penalties
General
30
1
Where an aircraft operator has not paid a civil penalty which is due under regulation 21(3) or (4) within 6 months of the due date, the regulator may detain, pending payment, any aircraft of which the aircraft operator in default is the operator.
2
Where an aircraft has been detained under paragraph (1) and the civil penalty is not paid within —
a
56 days of the date when the detention begins; or
b
if later, 21 days of the date of service of a notice under paragraph 2(1) of Schedule 1,
the regulator may, subject to the following regulations, apply to the court for leave to sell that aircraft in order to satisfy the civil penalty.
3
Paragraphs (1) and (2) do not apply in relation to a failure to comply with these Regulations before 1st January 2012.
Release of aircraft
31
The regulator must not detain, or continue to detain, or sell an aircraft under regulation 30 if —
a
the aircraft operator has made an appeal under regulation 36 in respect of the civil penalty for which the aircraft has been detained and gives to the regulator, pending the determination of the appeal, sufficient security for the payment of that civil penalty; or
b
where appropriate, the aircraft operator or any other person claiming an interest demonstrates to the satisfaction of the regulator that the aircraft operator is no longer the lessee of the detained aircraft or any part of it.
Court procedures
32
1
The regulator must not sell an aircraft under regulation 30(2) without the leave of the court.
2
The court must not give leave under paragraph (1) except where it is satisfied —
a
that a civil penalty is due to the regulator;
b
that the aircraft operator has not paid the civil penalty to the regulator; and
c
that the regulator is entitled to sell the aircraft.
3
Before applying to the court for leave under paragraph (1) the regulator must, in accordance with Schedule 1 —
a
take such steps for bringing the proposed application to the notice of any person who may have an interest in the aircraft; and
b
afford those persons an opportunity of becoming a party to the proceedings.
4
Where leave is given under paragraph (1) the regulator must sell the aircraft for the best price that can be reasonably obtained.
5
Failure to comply with paragraph (3) or (4) does not make a sale under regulation 30(2) void or voidable.
Proceeds of sale
33
1
The proceeds of any sale under these Regulations must be applied by the regulator in the following order —
a
in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;
b
in payment of the expenses incurred by the regulator in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the court;
c
in payment of any charges in respect of any aircraft operated by the aircraft operator which the court has found to be due by virtue of section 73(1) of the Transport Act 2000 ;
d
in payment of any airport charges incurred in respect of the aircraft which are due from the aircraft operator to the person entitled to levy charges in respect of the aerodrome at which the aircraft was detained under regulation 30(1);
e
in payment of the civil penalty in respect of which the aircraft was detained and sold;
f
in payment of any other civil penalty that the aircraft operator has not paid which is due under regulation 21(3) or (4), even where the failure giving rise to that civil penalty arose before 1st January 2012.
2
The regulator must, after making the payments under paragraph (1), pay any residue from the proceeds of sale to the person or persons whose interests have been divested by reason of the sale.
Equipment and documents
34
1
The power to detain and sell an aircraft under regulation 30 includes the power to detain and sell equipment and stores carried in the aircraft provided it is the property of the aircraft operator, and references to the aircraft in regulations 30 to 33 include references to any such equipment and stores.
2
The power of detention under regulation 30(1) extends to any aircraft documents carried in the aircraft, and any such documents may, if the aircraft is sold under these Regulations, be transferred by the regulator to the purchaser.
Interpretation
35
In this Part —
a
“aircraft documents” has the meaning given by section 88(10) of the Civil Aviation Act 1982 ;
b
“airport charges” means charges payable to the owner or manager of an aerodrome for the use of, or for services provided at, an aerodrome but does not include charges payable by virtue of section 73 of the Transport Act 2000;
c
“the court” means —
i
in relation to England, Wales and Northern Ireland, the High Court; and
ii
in relation to Scotland, the Court of Session.
PART 7 Appeals
General
36
1
A UK operator may appeal to the appeal body where the regulator has —
a
refused the UK operator’s application for a benchmarking plan by —
i
notice under regulation 10(1); or
ii
deemed refusal under regulation 10(4);
b
refused to submit the UK operator’s report to the Secretary of State by —
i
notice under regulation 13(1)(b); or
ii
deemed refusal under regulation 13(4);
c
served the UK operator a notice under regulation 21(1) in relation to a civil penalty under regulation 27(1).
2
An aircraft operator may appeal to the appeal body where the regulator has —
a
refused the aircraft operator’s application for an emissions plan by —
i
notice under regulation 15(1) or (5); or
ii
deemed refusal under regulation 15(6);
b
served the aircraft operator a notice under regulation 19(2)(c), 20 or 21.
3
In determining an appeal under this regulation the appeal body may —
a
affirm the notice or deemed refusal;
b
quash all or part of the notice or deemed refusal;
c
vary the notice;
d
give directions to the regulator in relation to the subject matter of the appeal;
e
substitute a deemed refusal by the regulator with a decision of the appeal body.
4
An appeal brought under paragraph (1)(a), (b) or (2)(a) does not suspend the operation of the notice or deemed refusal.
5
An appeal brought under paragraph (1)(c) or (2)(b) suspends the operation of the notice pending the final determination or the withdrawal of the appeal.
6
The “appeal body” means —
a
in respect of an appeal against a notice or deemed refusal of the Environment Agency —
i
the Welsh Ministers, where the UK operator making the appeal has its registered office in Wales;
ii
otherwise, the Secretary of State;
b
in respect of an appeal against a notice or deemed refusal of the Scottish Environment Protection Agency, the Scottish Ministers;
c
in respect of an appeal against a notice or deemed refusal of the chief inspector, the Planning Appeals Commission.
Procedure and appointment
37
1
Except where paragraph (4) applies, Schedule 2 has effect in relation to the making and determination of appeals under regulation 36.
2
Except where paragraph (4) applies, the appeal body may —
a
appoint any person to exercise on its behalf, with or without payment, the function of determining an appeal under regulation 36 or any matter or question involved in such an appeal; or
b
refer any matter or question involved in an appeal under regulation 36 to such person as it may appoint for the purpose, with or without payment.
3
Schedule 3 has effect with respect to appointments under paragraph (2 ) (a) .
4
Where an appeal under regulation 36 is made to the Planning Appeals Commission, Schedule 4 has effect in relation to the making and determination of the appeal.
PART 8 Directions and guidance to regulators
Directions to regulators
38
1
The authority may give a direction to the regulator of a general or specific character with respect to the carrying out of any of the regulator’s functions under these Regulations.
2
A direction under paragraph (1) may direct a regulator–
a
to exercise any of its powers under these Regulations or to do so in such circumstances as may be specified in the directions or in such manner as may be so specified; or
b
not to exercise those powers, or not to do so in such circumstances or such manner as may be specified in the directions.
3
Any direction given under these Regulations must be in writing and may be varied or revoked.
4
The regulator must comply with any direction addressed to it.
Guidance to regulators
39
1
The authority may issue guidance to the regulator with respect to the carrying out of any of its functions under these Regulations.
2
The regulator must have regard to any guidance issued by the authority under paragraph (1).
PART 9 Miscellaneous
Notices
40
Schedule 5 (service of notices) has effect.
Submission of reports and applications for plans
41
1
The regulator may require the submission of any reports or applications for any plans under these Regulations to be made in such form as the regulator specifies.
2
Any submission of a report or application for a plan made under these Regulations —
a
must, unless the regulator agrees otherwise, be sent to the regulator electronically;
b
may, if agreed by the regulator, be withdrawn at any time.
Functions of the regulator: Northern Ireland
42
Any functions conferred or imposed by these Regulations on the chief inspector may be delegated by the chief inspector to any inspector appointed under regulation 8(1) of the Northern Ireland Regulations.
Assistance and advice to be provided by the Civil Aviation Authority
43
1
The Civil Aviation Authority must provide such assistance and advice as the regulator may require in connection with any of the regulator’s functions under these Regulations.
2
The Civil Aviation Authority is entitled to recover from the regulator a sum equal to any expense reasonably incurred by it in providing the regulator with assistance or advice under paragraph (1).
David Kidney
Parliamentary Under Secretary of State
Department of Energy and Climate Change
25th August 2009


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Banking Act 2009 (Commencement No. 1) Order 2009.
2
In this Order, “ the Act ” means the Banking Act 2009.
Provisions conferring power to make secondary legislation etc
2
To the extent that the provisions in the Schedule to this Order confer or relate to the power to make subordinate legislation or codes of practice, those provisions come into force on 17th February 2009 for the purpose of enabling subordinate legislation or codes of practice to be made; but no such subordinate legislation or codes of practice may come into force before 21st February 2009.
Provisions of the Act coming into force on 21st February 2009
3
The provisions of the Act listed in the Schedule to this Order come into force on 21st February 2009.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
16th February 2009


text:
This Order may be cited as the General Medical Council (Constitution of Panels and Investigation Committee) (Amendment) Rules Order of Council 2009, and shall come into force on 16th November 2009.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Fixed Penalty (Amendment) (No. 3) Order 2009 and shall come into force on 30th June 2009.
2
This Order applies in relation to a fixed penalty offence alleged to have been committed on or after 30th June 2009.
3
In this Order, “the Principal Order ” means the Fixed Penalty Order 2000 .
Amendment of the Principal Order
2
In the table of fixed penalties in Schedule 1 to the Principal Order —
a
after the entry relating to “any other fixed penalty parking offence committed in Greater London”, insert the following —
A fixed penalty offence under section 14 (seat belts: adults) of the Road Traffic Act 1988 £60 A fixed penalty offence under section 15(2) or 15(4) (restrictions on carrying children not wearing seat belts in motor vehicles) of the Road Traffic Act 1988 £60
b
after the entry relating to “a fixed penalty offence under section 33 of the Vehicle Excise and Registration Act 1994 ”, insert the following —
A fixed penalty offence under section 59 of the Vehicle Excise and Registration Act 1994 (failure to fix prescribed registration mark to a vehicle in accordance with regulations made under section 23(4)(a) of that Act) £60
Revocation
3
The Fixed Penalty (Amendment) (No. 2) Order 2009 is hereby revoked.
Alan Campbell
Parliamentary Under-Secretary of State
Home Office
15th June 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Local Transport Act 2008 (Commencement No. 1 and Transitional Provisions) Order 2009.
2
In this Order “the Act” means the Local Transport Act 2008.
Commencement of provisions on 9th February 2009
2
1
9th February 2009 is the appointed day for the coming into force of the provisions of the Act listed in Part 1 of Schedule 1, subject to the transitional provisions in Part 2 of that Schedule.
2
9th February 2009 is the appointed day for the coming into force of the provisions of the Act listed in Part 1 of Schedule 2 as respects England , subject to the transitional provisions in Part 2 of that Schedule.
3
9th February 2009 is the appointed day for the coming into force of section 68(1) (in so far as it relates to section 68(2)) and section 68(2) of the Act as respects England and Scotland.
Commencement of provisions on 4th March 2009
3
4th March 2009 is the appointed day for the coming into force of the provisions of the Act listed in Schedule 3.
Commencement of provisions on 6th April 2009
4
1
6th April 2009 is the appointed day for the coming into force of the provisions of the Act listed in Part 1 of Schedule 4, subject to the transitional provision in Part 2 of that Schedule.
2
6th April 2009 is the appointed day for the coming into force of the provisions of the Act listed in Schedule 5 as respects England.
Commencement of provisions on 1st April 2011
5
1
1st April 2011 is the appointed day for the coming into force, as respects England, of section 9(1), section 9(2) (in so far as it relates to section 9(3)) and section 9(3) of the Act, subject to paragraph (2).
2
Section 109(2) of the TA 2000 (replacement of local transport plans) shall continue to apply to a local transport authority without the amendments made by section 9(3) of the Act until that local transport authority has wholly replaced the local transport plan which is taken to be its local transport plan on 9th February 2009.
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
26th January 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Goods Vehicles (Licensing of Operators) (Fees) (Amendment) Regulations 2009 and shall come into force on 20th April 2009.
2
In these Regulations, “the principal Regulations ” means the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995 ;
Amendments to the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995
2
1
The principal Regulations shall be amended as follows.
2
For regulation 2(2) there shall be substituted —
2
In these Regulations —
“application for a licence”, “application for a variation of a licence”, “application” and “licence” have the same meaning as in the Goods Vehicles (Licensing of Operators) Regulations 1995 ;
“election” means an election made under regulation 3(5) as that regulation had effect prior to 20th April 2009;
“five yearly anniversary” means the date of expiry of a period of 5 years, beginning with the date of the issuing of the relevant licence and thereafter each subsequent fifth anniversary of that date;
“one yearly anniversary” means the date of expiry of a period of one year, beginning with the date of issuing of the relevant licence, and thereafter each anniversary of that date.
.
3
In regulation 3 —
a
paragraphs (5) and (6) shall be omitted.
b
in paragraph (7)(a) for “fee numbers (v) and (vi)” there shall be substituted “fee numbers (va) and (vi)”.
c
after paragraph (7) there shall be inserted —
7A
The period for which a fee is payable in relation to fee number (va) in Part II is the period beginning on the date on which an authorisation under section 5(6) takes effect or, as the case may be, a variation under section 17 directing the specification of an additional motor vehicle is granted and ending —
a
where an election was made before 20th April 2009, on the last day of the month preceding the one yearly anniversary, providing that day falls before 1st April 2010;
b
where no election was made before 20th April 2009, on the last day of the month preceding the next five yearly anniversary, providing that day falls before 1st April 2010;
c
in any other case on 31st March 2010.
.
d
in paragraph (8), after “fee numbers (v),” there shall be inserted “(va)”
4
In regulation 4 —
a
in paragraphs (1) and (2), after “fee numbers (v) and (vi) in Part II”, there shall be inserted “as they had effect before 20th April 2009,”;
b
after paragraph (4), there shall be added —
5
For the purposes of this regulation, no refund shall be payable in the case of —
a
vehicles specified on a licence where the decision to grant the application for its issue is made on or after 20th April 2009; or
b
vehicles specified on a licence in respect of which fee number (vi) is due to be paid on or after that date; or
c
additional vehicles specified on a licence, on or after that date.
.
5
The following substitutions shall be made to the Schedule —
a
in relation to fee number (i), in column 3, “£250” for “£238”;
b
in relation to fee numbers (ii) and (iii), in column 3, “£391” for “£372”;
c
in relation to fee number (iv), in column 3, “£66” for “£63”;
d
in relation to fee number (v), the entries set out in the Schedule to these Regulations and numbered (v) and (va);
e
in relation to fee number (vi), the entry set out in the Schedule to these Regulations and numbered (vi);
f
in relation to fee number (vii), in column 3, “£6” for “£12”;
Transitional provisions relating to fees payable
3
1
Subject to paragraph (2), where a decision has been made before the coming into force of these Regulations —
a
to grant an application for the issue of a licence under section 13 of the Goods Vehicles (Licensing of Operators) Act 1995;
b
to grant an application for the issue of an interim licence under section 24(1) of that Act;
c
to give an interim direction under section 25(1) of that Act; or
d
to vary a licence under section 17(1)(a) of that Act;
fee numbers (ii), (iv) and (v) in the Schedule to the principal Regulations shall continue to apply without the amendments made by these Regulations.
2
Where, before the coming into force of these Regulations, a licence holder has elected, under regulation 3(5) of the principal Regulations, to pay fees numbered (v) or (vi) annually and an annual payment is due before 1st April 2010 —
a
the amount of the payment shall be £2 per month or part thereof per vehicle for the period beginning with the first day of the month immediately following the date on which the annual payment falls due and ending on 31st March 2010; and
b
no further payments shall be payable in respect of any period after 31st March 2010.
3
In calculating the amount of the annual payment in accordance with paragraph (2), the vehicles to be taken account of shall include all vehicles specified on the licence on the date that payment falls due.
4
In respect of fee number (iii) where —
a
a fee is payable in respect of the period of five years beginning immediately after the five yearly anniversary; and
b
the last date for payment of the fee, ascertained in accordance with the provisions of column 4 of the Schedule to the principal Regulations, is on or after the date of coming into force of these Regulations,
the amount payable on that date shall be the relevant substituted amount as prescribed by regulation 2(5)(b) of these Regulations.
5
In respect of fee number (vi) where —
a
a fee is payable in respect of the period of five years beginning immediately after the five yearly anniversary, or the period of one year beginning immediately after the one yearly anniversary; and
b
the last date for payment of the fee, ascertained in accordance with the provisions of column 4 of the Schedule to the principal Regulations, is on or after the date of coming into force of these Regulations,
the amount payable on that date shall be the relevant substituted amount as prescribed by regulation 2(5)(e) of these Regulations.
Abolition of charges for vehicles specified on a licence
4
1
On 1st April 2010, the principal Regulations shall be further amended as follows.
2
The following shall be substituted for regulation 2(1)(d) —
d
a numbered column or numbered fee is a reference to the column or fee bearing that number in the Schedule to the Regulations.
.
3
In regulation 3 —
a
in paragraph (1), omit “of Part I”; and
b
omit paragraphs (2), (3), (4) and (7); and
c
in paragraph (8), omit “in Part I and fee numbers (v), (va), (vi) and (vii) in Part II”.
4
In the Schedule —
a
The heading “Part I” shall be omitted; and
b
Part II shall be omitted.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
25th March 2009


text:
Citation
1
This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 11) Order 2009.
Provisions coming into force on 6thApril 2009 in relation to England
2
To the extent that they are not already in force, the following provisions of the Planning and Compulsory Purchase Act 2004 shall come into force, in relation to England, on 6th April 2009 —
a
section 43(1) so far as it relates to section 70B of the Town and Country Planning Act 1990 ;
b
section 43(2);
c
section 43(3) and (4) so far as it relates to section 81B of the Planning (Listed Buildings and Conservation Areas) Act 1990 .
Signed by authority of the Secretary of State
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
25th February 2009


text:
Citation and commencement
1
These Regulations may be cited as the Control of Major Accident Hazards (Amendment) Regulations 2009 and shall come into force on 1st July 2009.
Amendment to the Control of Major Accident Hazards Regulations 1999
2
In so far as amendments made to regulation 22 of the Control of Major Accident Hazards Regulations 1999 by the Health and Safety (Fees) Regulations 2008 were revoked by the Health and Safety (Fees) Regulations 2009 , those amendments, as amended by the Control of Major Accident Hazards (Amendment) Regulations 2008 , are revived.
Signed by the authority of the Secretary of State for Work and Pensions.
William D McKenzie
Parliamentary Under Secretary of State,
Department for Work and Pensions
29th June 2009


text:
Title and commencement
1
The title of this Order is The City and County of Cardiff (Old St. Mellons, Rumney and Trowbridge Communities) Order 2009 and it comes into force on 1 December 2009.
Interpretation
2
In this Order —
“Map A” (“ Map A ”), “Map B” (“ Map B ”) and “Map C” (“ Map C ”) mean respectively the maps marked A, B and C of the City and County of Cardiff (Old St. Mellons, Rumney and Trowbridge Communities) Order 2009, deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976 ; and
where a boundary is shown on a map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.
3
Changes are made in the local government area of the City and County of Cardiff in accordance with the following provisions of this Order.
Trowbridge and Old St Mellons — change in community areas
4
1
The parts of the community of Trowbridge described in paragraph (2) are transferred to the community of Old St.Mellons.
2
Those parts are —
i
the area shown hatched on Map A;
ii
the area shown hatched on Map B;
iii
the area shown as hatched area “a” on Map C.
Rumney and Old St. Mellons — change in community areas
5
The part of the community of Rumney shown as hatched area “b” on Map C is transferred to the community of Old St. Mellons.
Old St. Mellons/Pontprennau — electoral division
6
The areas transferred under articles 4 and 5 form part of the electoral division of Old St.Mellons/Pontprennau.
Brian Gibbons
Minister for Social Justice and Local Government, one of the Welsh Ministers
17 November 2009


text:
Citation and commencement
1
These Regulations may be cited as the Working Tax Credit ( Entitlement and Maximum Rate) (Amendment) Regulations 2009 and shall come into force on 31st July 2009.
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
In regulation 5(2) (time off in connection with childbirth) for “conditions in regulation 4(1)” substitute “conditions of entitlement in this Part ”.
4
In regulation 5A(2) (time off in connection with childbirth and placement for adoption) for “satisfying the requirements of regulation 4(1)” substitute “being engaged in qualifying remunerative work for the purposes of the conditions of entitlement in this Part”.
5
In regulation 6(2) (periods of illness, incapacity for work or limited capability for work) for “conditions in regulation 4(1)” substitute “conditions of entitlement in this Part”.
6
In regulation 7(1) and 7(2) (term time and other seasonal workers) for “conditions in regulation 4(1)” substitute “conditions of entitlement in this Part”.
7
In regulations 7A(2) (strike periods), 7B(2) (persons suspended from work) and 7C(2) (pay in lieu of notice) for “conditions in regulation 4(1)” substitute “conditions of entitlement in this Part”.
8
For regulation 7D , substitute —
Ceasing to undertake work or working for less than 16 or 30 hours per week
7D
1
This regulation applies for the four-week period immediately after —
a
a person, not being a member of a couple, who is engaged in qualifying remunerative work for not less than 16 hours per week, ceases to work or starts to work less than 16 hours per week,
b
a person, being a member of a couple only one of whom is engaged in qualifying remunerative work for not less than 16 hours per week, ceases to work or starts to work less than 16 hours per week,
c
both members of a couple, each of whom is engaged in qualifying remunerative work for not less than 16 hours per week, cease to work or start to work less than 16 hours per week,
d
a person, being a member of a couple who is entitled to the childcare element of working tax credit each of whom is engaged in qualifying remunerative work for not less than 16 hours per week, ceases to work or start to work less than 16 hours per week, or
e
a person who satisfies paragraph (c) of the second condition in regulation 4(1) and who is engaged in qualifying remunerative work for not less than 30 hours per week, ceases to work or starts to work less than 30 hours per week.
2
For the purposes of the conditions of entitlement in this Part, the person is treated as being engaged in qualifying remunerative work during that period.
.
9
In regulation 8 (gaps between jobs) for “conditions in regulation 4(1)” substitute “conditions of entitlement in this Part”.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
8th July 2009


text:
Citation and commencement
1
These Regulations —
a
may be cited as the Nitrate Pollution Prevention (Amendment) Regulations 2009; and
b
come into force on 28th December 2009.
Amendments to the Nitrate Pollution Prevention Regulations 2008
2
The Nitrate Pollution Prevention Regulations 2008 are amended in accordance with regulations 3 to 11.
Amendment of Part 1
3
1
Part 1 (Introduction) is amended as follows.
2
For paragraph (2) of regulation 3 (coming into force), substitute —
2
Regulation 22(1) and Part 7 come into force on 1st January 2012, unless the holding is within an area marked as a NVZ deferred slurry storage area on the maps marked “Nitrate Vulnerable Zones (England 2009)” and deposited at the offices of the Secretary of State for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR, where these provisions come into force on 1st January 2013.
.
3
For regulation 6 (interpretation), substitute —
Interpretation
6
In these Regulations —
“Agency” means the Environment Agency;
“agricultural area” means any agricultural land used for agricultural purposes;
“agriculture” has the same meaning as in section 109(3) of the Agriculture Act 1947;
“crop with high nitrogen demand” includes, but not limited to, grass, potatoes, sugar beet, maize, wheat, oilseed rape, barley, brassicas, rye and triticale;
“deemed derogation” means a derogation granted under regulation 13B;
“derogated holding” means a holding over which a derogation has been granted;
“derogation” means a derogation from the limit of the total amount of nitrogen in livestock manure that can be applied to land each year as provided for in paragraph 2(b) of Annex III of Council Directive 91/676/ EEC granted by the Commission Decision 2009/431/EEC and deemed or granted by the Agency or, on appeal, the derogation application appeals panel under regulation 13C;
“derogation application” means an application for a derogation;
“eutrophic” means water that is enriched by nitrogen compounds, causing an accelerated growth of algae and higher forms of plant life that produces an undesirable disturbance to the balance of organisms present in the water and to the quality of the water concerned;
“fertilisation plan” means a plan prepared under regulation 14(1)(c) or other similar plans required under Schedule 4;
“grass” means —
permanent grassland or temporary grassland (temporary means for less than four years);
existing between the sowing and ploughing the grass; and
including crops under-sown with grass,
but does not include grassland with 50% or more clover;
“grazing livestock” means any animal specified in Table 1 in Schedule 1;
“holding” means all the land located within a nitrate vulnerable zone and its associated buildings that are at the disposal of the occupier and which are used for the growing of crops in soil or rearing of livestock for agricultural purposes;
“land that has a low run-off risk” means land that —
has an average slope less than 3º;
does not have land drains (other than a sealed impermeable pipe); and
is at least 50 metres from a watercourse or conduit leading to a watercourse;
“livestock” means any animal (including poultry) specified in Schedule 1;
“manufactured nitrogen fertiliser” means any nitrogen fertiliser (other than organic manure) manufactured by an industrial process;
“manufactured phosphate fertiliser” means any phosphate fertiliser (other than organic manure) manufactured by an industrial process;
“nitrogen fertiliser” means any substance containing one or more nitrogen compounds used on land to enhance growth of vegetation and includes organic manure;
“non-grazing livestock” means any animal specified in Table 2 in Schedule 1;
“organic manure” means any nitrogen fertiliser or phosphate fertiliser derived from animal, plant or human sources and includes livestock manure;
“phosphate fertiliser” means any substance containing one or more phosphorus compounds used on land to enhance growth of vegetation and includes organic manure;
“poultry” means poultry specified in Schedule 1;
“sandy soil” means any soil over sandstone, and any other soil where —
in the layer up to 40 cm deep, there are —
more than 50 per cent by weight of particles from 0.06 to 2 mm in diameter,
less than 18 per cent by weight of particles less than 0.02 mm diameter, and
less than 5 per cent by weight of organic carbon; and
in the layer from 40 to 80 cm deep, there are —
more than 70 per cent by weight of particles from 0.06 to 2mm in diameter,
less than 15 per cent by weight of particles less than 0.02 mm diameter, and
less than 5 per cent by weight of organic carbon;
“shallow soil” is soil that is less than 40 cm deep;
“slurry” means excreta produced by livestock (other than poultry) while in a yard or building (including any bedding, rainwater or washings mixed with it) that has a consistency that allows it to be pumped or discharged by gravity (in the case of excreta separated into its liquid and solid fractions, the slurry is the liquid fraction);
“spreading” includes application to the surface of the land, injection into the land or mixing with the surface layers of the land but does not include the direct deposit of excreta on to land by animals.
.
Amendment of Part 3
4
1
Part 3 (Limiting the application of organic manure) is amended as follows.
2
At the beginning of paragraph (1) of regulation 12 (application of livestock manure – total nitrogen limit for the whole holding), insert “Except where the occupier has been granted a derogation,”.
Insertion of new Part 3A
5
After Part 3 (Limiting the application of organic manure), insert —
PART 3A Derogation
Application for a derogation
13A
1
An occupier of any holding or any person on the occupier’s behalf (“the applicant”) may apply to the Agency for a derogation where 80% or more of the agricultural area is sown with grass.
2
A derogation application must be submitted between the following dates —
a
1st January 2010 and 31st March 2010 for a 2010 derogation;
b
in relation to an application for any year after 2010, 1st October and 31st December in the calendar year preceding that in respect of which the application is made.
3
The Secretary of State must publish the manner and form in which the application must be made.
4
The Agency must grant or refuse a derogation application as soon as practicable and notify the applicant of the decision in writing and, where the Agency refuses a derogation application, must give reasons for the refusal at the same time.
5
The Agency must refuse a derogation application where it considers the granting of the derogation would have an adverse effect on the integrity of —
a
a European site; or
b
a European offshore marine site,
where those sites have been subject to an appropriate assessment under regulation 48 of the Conservation (Natural Habitats, & c.) Regulations 1994 .
6
Where the Agency has refused to grant the derogation application, the applicant may appeal in accordance with the procedure set out in regulation 13C.
7
Where the Agency has granted the derogation application, the holding to which the derogation applies shall be designated by the Agency as a derogated holding for the calendar year in respect of which the application was made.
8
The occupier must keep a record of the derogation application and decision.
9
In this regulation —
a
“European offshore marine site” means a European offshore marine site within the meaning of regulation 15 (meaning of European offshore marine site) of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 ; and
b
“European site” means a European site within the meaning of regulation 10 (meaning of European site) of the Conservation (Natural Habitats, &c.) Regulations 1994.
Deemed derogation
13B
1
Where 70% or more of a holding’s agricultural area is sown with grass during the 2009 calendar year the holding is deemed to be a derogated holding for that calendar year.
2
An occupier of a holding deemed to be a derogated holding under paragraph (1) who has applied livestock manure to the holding above the 170kg limit in Regulation 12(1) must record the percentage of the holding’s agricultural area sown with grass during 2009.
Appeal against refusal of a derogation application
13C
1
Where the Agency has refused a derogation application, the applicant may by notice appeal the decision to an independent panel appointed by the Secretary of State for the purpose of these Regulations (“the derogation application appeals panel”).
2
An appeal against a refusal of a derogation application must be submitted within 30 days beginning on the day after the date of the refusal.
3
The Secretary of State must publish the manner and form in which an appeal must be made.
Proceedings of the derogation application appeals panel
13D
1
The derogation application appeals panel must consist of an odd number of persons, not being less than 3 persons, and make its decision by a simple majority.
2
The derogation application appeals panel must consider the appeal and determine whether or not to allow the appeal.
3
The derogation application appeals panel must arrive at its decision based on documentation submitted to it by the appellant and the Agency, unless it decides that it needs additional information to form a judgement, in which case it may —
a
request the appellant, or the Agency, to provide additional material; and
b
in exceptional circumstances may convene an oral hearing.
4
At an oral hearing the appellant and the Agency have the right to appear.
5
All parties must bear their own costs.
Effect of derogation application appeals panel findings
13E
1
If the derogation application appeals panel allows the appeal, the holding to which the derogation application applies must be designated by the Agency as a derogated holding for that calendar year.
2
The derogation application appeals panel must —
a
notify the Agency, the applicant and the Secretary of State, as soon as reasonably practicable, of its findings; and
b
where the appeal is refused, give reasons for the refusal.
Derogated holdings
13F
Schedule 4 has effect in relation to derogated holdings.
.
Amendment of Part 4
6
1
Part 4 (Crop requirements) is amended as follows.
2
For paragraph (3) of regulation 15 (additional information to be recorded during the year), substitute —
3
Before spreading manufactured nitrogen fertiliser, the occupier must record —
a
the amount required; and
b
the planned date for spreading (month).
.
3
In regulation 16 (total nitrogen spread on a holding) —
a
for paragraph (a), substitute —
a
nitrogen from manufactured nitrogen fertiliser, and
;
b
for paragraph (b), substitute —
b
nitrogen available for crop uptake from livestock manure in the growing season in which it is spread, calculated in accordance with regulation 17,
;
c
after “spread on the following crops” omit “, calculated in accordance with regulation 17,”; and
d
for table footnote (e), substitute —
e
This is inclusive of any nitrogen that is applied as an exemption to the closed period for manufactured nitrogen fertiliser. The permitted amount may be increased by up to 30 kg per hectare for every half tonne that expected yield exceeds the standard yield.
.
Amendment of Part 5
7
1
Part 5 (Controlling the spreading of nitrogen fertiliser) is amended as follows.
2
For regulation 20 (spreading manufactured fertiliser near surface water), substitute —
Spreading manufactured nitrogen fertiliser near surface water
20
No person may spread manufactured nitrogen fertiliser within 2 metres of surface water.
.
3
For regulation 22 (controlling how nitrogen fertiliser is spread), substitute —
Controlling how nitrogen fertiliser is spread
22
1
Subject to paragraph (2), any person spreading slurry must use spreading equipment with a spreading trajectory less than 4 metres from the ground.
2
Spreading equipment with a spreading trajectory of more than 4 metres from the ground can be used where such equipment can achieve an average slurry application rate of not more than 2 millimetres per hour when it is operating continuously.
3
Any person spreading nitrogen fertiliser must do so in as accurate manner as possible.
.
Amendment of Part 6
8
1
Part 6 (Closed periods for spreading nitrogen fertiliser) is amended as follows.
2
For paragraph (a) of regulation 27 (exemptions for organic holdings), substitute —
a
crops specified in the table in Schedule 3 (permitted crops for the closed period), or
.
Amendment of Part 8
9
In paragraph (2) of regulation 42 (records of spreading nitrogen fertiliser) of Part 8 (Calculations and records), after “manufactured” insert “nitrogen”.
Amendment to Schedules
10
For Schedules 1 to 3, substitute the contents of the Schedule to these Regulations.
Amendment of the Conservation (Natural Habitats, & c.) Regulations 1994
11
1
The Conservation (Natural Habitats & c.) Regulations 1994 are amended as follows.
2
After regulation 84C (marine works), insert —
Derogations under the Nitrate Pollution Prevention Regulations 2008
84D
1
Regulations 48 (assessment of implications for European site) and 49 (considerations of overriding public interest) apply in relation to the granting of a derogation under Part 3A of the Nitrate Pollution Prevention Regulations 2008 .
2
Where regulations 48 and 49 apply, the competent authority may, if they consider any adverse effects of the plan or project on the integrity of a European site or European offshore marine site would be avoided if the derogation were subject to conditions, grant the derogation, subject to those conditions.
.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
2nd December 2009


text:
Citation and commencement
1
These Regulations may be cited as the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 and shall come into force on 1st October 2009.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Planning Act 2008;
“AONB Conservation Boards” are established under section 86 of the Countryside and Rights of Way Act 2000 (establishment of conservation boards) ;
“applicant” means a person who either proposes to make an application for an order granting development consent or has made such an application;
“ EIA development” and “environmental statement” have the same meaning as given by regulation 2(1) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 ;
“fire and rescue authority” has the same meaning as in section 1 of the Fire and Rescue Services Act 2004 (fire and rescue authorities) ;
“Integrated Transport Authority” has the same meaning as in section 77 of the Local Transport Act 2008 (change of name of passenger transport authorities and PTAs) ;
“internal drainage board” has the same meaning as in section 1 of the Land Drainage Act 1991 (internal drainage districts and boards) ;
“land plan” is the plan produced in accordance with regulation 5(2)(i);
“local resilience forum” has the same meaning as in regulation 4 of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005 ;
“marine area” means–
waters in or adjacent to England up to the seaward limits of the territorial sea;
an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;
a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;
an area designated under section 1(7) of the Continental Shelf Act 1964 , except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish ministers have functions;
“police authority” means an authority established under section 3 of the Police Act 1996 (establishment of police authorities) ;
“preliminary environmental information” has the same meaning as given by regulation 2(1) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009;
“regional development agency” means a regional development agency established under section 1 of the Regional Development Agency Act 1998 (establishment) ;
“Regional Planning Body” means a body recognised by the Secretary of State under section 2 of the Planning and Compulsory Purchase Act 2004 (regional planning bodies) ;
“registration form” means such a form as may be prescribed from time to time for the purpose of making representations under section 102(4) (interpretation of Chapter 4: “interested party” and other expressions);
“relevant Northern Ireland Department” means the Northern Ireland Department responsible for the matter to which an application or proposed application relates (if more than one department is responsible, the reference is to all of them);
“Renewable Energy Zone” means zones designated under section 84 of the Energy Act 2004 (exploitation of areas outside the territorial sea for energy production) ;
“replacement land” means the land identified on a plan entitled “Replacement Land Plan” and forming part of the land plan;
“safety zones” means safety zones created under section 95 of the Energy Act 2004 (safety zones around renewable energy installations);
“special category land” means the land identified as forming part of a common, open space, National Trust land or fuel or field garden allotment and on the plan entitled “Special Category Land Plan” and forming part of the land plan;
“Strategic Health Authority” means an authority established under section 13 of the National Health Services Act 2006 (Strategic Health Authorities) ;
“statutory undertaker” has the same meaning as in section 127 (statutory undertakers land);
“the book of reference” has the meaning given by regulation 7.
2
Any reference in these Regulations to a section, without more, is a reference to a section of the Act.
Prescribed consultees
3
The persons prescribed for the purposes of section 42(a) (duty to consult) are those listed in column 1 of the table in Schedule 1 to these Regulations, who must be consulted in the circumstances specified in relation to each such person in column 2 of that table.
Publicising a proposed application
4
1
This regulation prescribes for the purpose of section 48(1) (duty to publicise), the manner in which an applicant must publicise a proposed application.
2
The applicant must publish a notice, which must include the matters prescribed by paragraph (3) of this regulation, of the proposed application —
a
for at least two successive weeks in one or more local newspapers circulating in the vicinity in which the proposed development would be situated;
b
once in a national newspaper;
c
once in the London Gazette and, if land in Scotland is affected, the Edinburgh Gazette; and
d
where the proposed application relates to offshore development —
i
once in Lloyd’s List; and
ii
once in an appropriate fishing trade journal.
3
The matters which the notice must include are —
a
the name and address of the applicant;
b
a statement that the applicant intends to make an application for development consent to the Commission;
c
a statement as to whether the application is EIA development;
d
a summary of the main proposals, specifying the location or route of the proposed development;
e
a statement that the documents, plans and maps showing the nature and location of the proposed development are available for inspection free of charge at the places (including at least one address in the vicinity of the proposed development) and times set out in the notice;
f
the latest date on which those documents, plans and maps will be available for inspection (being a date not earlier than the deadline in sub-paragraph (i));
g
whether a charge will be made for copies of any of the documents, plans or maps and the amount of any charge;
h
details of how to respond to the publicity; and
i
a deadline for receipt of those responses by the applicant, being not less than 28 days following the date when the notice is last published.
Applications for orders granting development consent
5
1
An application for an order granting development consent must be made in writing in the form set out in Schedule 2 to these Regulations, which is the form prescribed for the purpose under section 37(3)(b).
2
The application must be accompanied by —
a
where applicable, the environmental statement required pursuant to the Infrastructure Planning (Environmental Impact Assessment) Regulation 2009 and any scoping or screening opinions or directions;
b
the draft proposed order;
c
an explanatory memorandum explaining the purpose and effect of provisions in the draft order, including in particular any divergences from the model provisions ;
d
where applicable, the book of reference;
e
a copy of any flood risk assessment;
f
a statement whether the proposal engages one or more of the matters set out in section 79(1) (statutory nuisances and inspections therefor) of the Environmental Protection Act 1990 , and if so how the applicant proposes to mitigate or limit them;
g
any report identifying any European site to which regulation 48 of the Conservation (Natural Habitats, &c.) Regulations 1994 applies, or any Ramsar site , which may be affected by the proposed development, together with sufficient information that will enable the Commission to make an appropriate assessment of the implications for the site if required by regulation 48(1);
h
if the proposed order would authorise the compulsory acquisition of land or an interest in land or right over land, a statement of reasons and a statement to indicate how an order that contains the authorisation of compulsory acquisition is proposed to be funded;
i
a land plan identifying —
i
the land required for, or affected by, the proposed development;
ii
where applicable, any land over which it is proposed to exercise powers of compulsory acquisition or any right to use land;
iii
any land in relation to which it is proposed to extinguish easements, servitudes and other private rights; and
iv
where the land includes special category land and replacement land, that special category and replacement land;
j
a works plan showing, in relation to existing features —
i
the proposed location or (for a linear scheme) the proposed route and alignment of the development and works; and
ii
the limits within which the development and works may be carried out and any limits of deviation provided for in the draft order;
k
where applicable, a plan identifying any new or altered means of access, stopping up of streets or roads or any diversions, extinguishments or creation of rights of way or public rights of navigation;
l
where applicable, a plan with accompanying information identifying —
i
any statutory or non-statutory sites or features of nature conservation such as sites of geological or landscape importance;
ii
habitats of protected species, important habitats or other diversity features; and
iii
water bodies in a river basin management plan,
together with an assessment of any effects on such sites, features, habitats or bodies likely to be caused by the proposed development;
m
where applicable, a plan with accompanying information identifying any statutory or non statutory sites or features of the historic environment, including scheduled monuments, World Heritage sites, listed buildings and other historic structures, archaeological sites and registered battlefields, together with an assessment of any effects on such sites, features or structures likely to be caused by the proposed development;
n
where applicable, a plan with any accompanying information identifying any Crown land;
o
any other plans, drawings and sections necessary to describe the proposals for which development consent is sought, showing details of design, external appearance, and the preferred layout of buildings or structures, drainage, surface water management, means of vehicular and pedestrian access, any car parking to be provided, and means of landscaping;
p
any of the documents prescribed by regulation 6 which are relevant to the particular project;
q
any other documents considered necessary to support the application; and
r
if requested by the Commission, three paper copies of the application form and other supporting documents and plans.
3
Any plans, drawings or sections required to be provided by paragraph (2) shall be no larger than A0 size, shall be drawn to an identified scale (not smaller than 1:2500) and, in the case of plans, shall show the direction of North.
4
Where a plan comprises three or more separate sheets a key plan must be provided showing the relationship between the different sheets.
5
The applicant shall make available, at the request of the Commission, all responses to the consultation carried out under Part 5 of the Act (applications for orders granting development consent).
Matters prescribed in relation to applications for specific types of projects
6
1
If the application is for the construction or extension of a generating station the application must be accompanied by —
a
if the application is for a generating station, that is not an offshore generating station —
i
a statement of who will be responsible for designing and building the connection to the electricity grid; and
ii
if a gas fuelled generating station, a statement of who will be responsible for designing and building the gas pipeline connection to the generating station; and
b
if the application is for an offshore generating station —
i
details of the proposed route and method of installation for any cable; and
ii
a statement as to whether applications will be made for safety zones.
2
If the application is for highway related development or for the construction or alteration of a railway, it must be accompanied by section drawings to suitable horizontal and vertical scales, which show, by reference to Ordnance Survey or Chart datum —
a
the levels of the proposed works, including in particular and where relevant —
i
ground levels;
ii
the height of every proposed bridge, viaduct, aqueduct, embankment and elevated guideway;
iii
the depth of every proposed cutting and tunnel;
iv
the levels of the bed of any tidal waters or inland waterway in which it is proposed that any works should be situated;
v
the height of every structure or device (including a cable, but not catenary and related equipment) intended to be erected above, on or below the surface of, or on or beneath the bed of tidal waters or an inland waterway; and
vi
drainage outfall details for highways;
b
a cross section of every intended tunnel and any altered gradient of a carriageway or a way forming part of a guided transport system on either side of every level crossing, bridge, tunnel or underpass which would carry the carriageway or way or through which it would pass.
3
If the application is for the construction or alteration of harbour facilities, it must be accompanied by a statement setting out why the making of the order is desirable in the interests of —
a
securing the improvement, maintenance or management of the harbour in an efficient and economical manner; or
b
facilitating the efficient and economic transport of goods or passengers by sea or in the interests of the recreational use of sea-going ships.
4
If the application is for the construction of a pipeline, it must be accompanied by details of —
a
the name of the proposed pipeline;
b
the owner of the proposed pipeline;
c
the start and end point of the proposed pipeline;
d
the length of the proposed pipeline in kilometres;
e
the external diameter in millimetres of the proposed pipeline;
f
what will be conveyed by the proposed pipeline; and
g
whether the grant of any rights in land or consents to road or river crossing works are required and if so whether they can be obtained by agreement.
5
If the application is for the construction or alteration of a hazardous waste facility the application must be accompanied by a statement detailing the proposed purpose of the facility and an estimate of the annual capacity of the plant for the final disposal or recovery of hazardous waste.
6
If the application is for the construction of a dam or reservoir the application must be accompanied by a statement setting out what if any recreational amenities will be made available.
Meaning of “book of reference” in these Regulations
7
1
In these Regulations “book of reference” means a book, in five Parts, together with any relevant plan, and which —
a
in Part 1 contains the names and addresses for service of each person within Categories 1 and 2 as set out in section 57 (categories for purposes of section 56(2)(d)) in respect of any land which it is proposed shall be subject to–
i
powers of compulsory acquisition;
ii
rights to use land, including the right to attach brackets or other equipment to buildings; or
iii
rights to carry out protective works to buildings;
b
in Part 2 contains the names and addresses for service of each person within Category 3 as set out in section 57;
c
in Part 3 contains the names of all those entitled to enjoy easements or other private rights over land (including private rights of navigation over water) which it is proposed shall be extinguished, suspended or interfered with;
d
in Part 4 specifies the owner of any Crown interest in the land which is proposed to be used for the purposes of the order for which application is being made;
e
in Part 5 specifies land —
i
the acquisition of which is subject to special parliamentary procedure;
ii
which is special category land;
iii
which is replacement land;
and for each plot of such land within which it is intended that all or part of the proposed development and works shall be carried out, the area in square metres of that plot.
2
In this regulation —
“land” includes any interest in or right over land;
“protective works” in relation to a building means–
underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the carrying out, maintenance or use of the authorised development and authorised works; and
any works the purpose of which is to remedy any damage which has been caused to the building by the carrying out, maintenance or use of the authorised development and authorised works; and
“relevant plan” includes the land plan (containing the replacement land and special category land).
Notice of accepted application
8
1
The persons prescribed for the purposes of section 56(2) (notifying persons of accepted application) are those listed in column 1 of the table in Schedule 1 to these regulations, who must be notified in the circumstances specified in relation to each such person in column 3 of that table.
2
The notice to be given under section 56(2) must include —
a
the name and address of the applicant;
b
a statement to the effect that an application for an order granting development consent has been made to the Commission and that the Commission has accepted the application;
c
the reference number applied to that application by the Commission;
d
a summary of the main proposals, specifying the location or route of the proposed development;
e
a map showing the location or route of the proposed development;
f
a statement saying whether the application is EIA development;
g
a statement that a copy of the application form and its accompanying documents, plans and maps are available for inspection free of charge at the places (including at least one address in the vicinity of the proposed development) and times set out in the notice;
h
the latest date on which those documents will be available for inspection (being a date not earlier than the deadline date set under section 56(5));
i
a statement as to whether a charge will be made for copies of any of the documents and if so the amount of any charge; and
j
details of how to make representations (giving notice of any interest in, or objection to, the application), and if the notice is given on or after the 1st March 2010 , a statement that such representations must be made on a registration form.
Publicising an accepted application
9
1
The applicant must publish a notice, which must include the matters prescribed by paragraph (4) of this regulation, of the accepted application, in the same manner as is prescribed in relation to a proposed application, by regulation 4(2)(a) to (d), and also in accordance with paragraph (2) and where applicable (3), of this regulation.
2
The notice must be displayed at, or as close as reasonably practicable to, the site of the proposed development at a place accessible to the public;
3
Where the proposed development consists of, or includes, a linear scheme exceeding five kilometres in length, the notice must be displayed at intervals of not more than five kilometres along the whole proposed route of the works, except where this is impracticable due to the land in question being covered in water.
4
The matters which the notice must include are —
a
the name and address of the applicant;
b
a statement to the effect that an application for an order granting development consent has been made to the Commission and that the Commission has accepted the application;
c
the reference number applied to the application by the Commission;
d
a summary of the main proposals, specifying the location or route of the proposed development;
e
a statement saying whether the application is EIA development;
f
a statement that a copy of the application form and its accompanying documents, plans and maps are available for inspection free of charge at the places (including at least one address in the vicinity of the proposed development) and times set out in the notice;
g
the latest date on which those documents will be available for inspection (being a date not earlier than the deadline date under sub-paragraph (j));
h
a statement as to whether a charge will be made for copies of any of the documents and if so the amount of any charge;
i
details of how to make representations (giving notice of any interest in, or objection to the application), and if the notice is published on or after 1st March 2010, a statement that such representations must be made on a registration form; and
j
a deadline for the receipt by the Commission of those representations being not less than 28 days following the date that the notice is last published.
Certifying compliance with section 56 of the Act
10
1
The form prescribed for the purposes of section 58(2) (certifying compliance with section 56 of the Act) is the form set out in Schedule 3 to these Regulations.
2
Within the period of 10 working days immediately following the deadline set under regulation 9(4), the applicant must send to the Commission —
a
the certificate of compliance in the form mentioned in paragraph (1); and
b
where the applicant applies for an order granting development consent which includes a request to authorise compulsory acquisition of land or of an interest or right over land, a notice of persons interested in the land to which that request relates, in the form set out in Schedule 4 to these Regulations.
Advice
11
1
The Commission must keep a written record of any advice given in accordance with section 51(1) (advice for potential applicants and others), including in particular —
a
who requested the advice;
b
the matter in respect of which advice was requested;
c
the relevant application; and
d
the date when the advice was given.
2
The Commission must also maintain on a website that is accessible to the public, a record in respect of any advice given in accordance with section 51, which must include the same particulars as those required by paragraph (1).
3
If a Commissioner has been involved in giving advice pursuant to section 51(1), that Commissioner may not be appointed —
a
to a Panel responsible for examining or deciding the relevant application;
b
as the single Commissioner responsible for examining and reporting on that application; or
c
to the Council for the purpose of deciding that application.
4
In this regulation “relevant application” means the application or proposed application in connection with which the Commission has given advice in accordance with section 51(1).
Transitional matters
12
1
An application made before 1st October 2011 shall be deemed to have met the requirements of section 55(3)(e) if the Commission is satisfied that before making the application the applicant has, on or after 1st October 2007 but before 1st October 2009 —
a
commenced consultation with the persons set out in section 42 (including those persons listed in the table in Schedule 1 in the circumstances set out in column 2) about the proposed application;
b
commenced consultation with people living in the vicinity of the land about the proposed application, having first consulted the local authority about how to conduct the consultation; and
c
publicised the proposed application in a manner which, had regulation 4 been in force at the date of such publication, would have substantially fulfilled the requirements of that regulation.
2
If paragraph (1) has been complied with, the applicant must submit with the application a report —
a
detailing the consultation carried out under paragraph (1)(b); and
b
demonstrating how any relevant responses to the consultation have been taken into account when deciding the terms of the application.
3
Any applicant relying on the provisions in this regulation shall notify the Commission of the proposed application before any application is submitted.
4
a
In this regulation —
“the land” means the land to which the proposed application relates or any part of the land; and
“relevant response” means —
a response from a person consulted under paragraphs (1)(a) and (b) that is received by the applicant before any applicable deadline; and
any response to publicity under paragraph (1)(c) that is received by the applicant before any applicable deadline.
the applicable deadline must be no less than 28 days following the last date that a proposed application was published.
Signed by authority of the Secretary of State for Communities and Local Government
Bill McKenzie
Parliamentary Under Secretary of State
Department for Communities and Local Government
1st September 2009


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Transitional Payments) Regulations 2009 and shall come into force on 6th April 2009.
Transitional payment
2
1
This regulation applies where in accordance with regulation 22A(4) of, (bereavement benefits) and paragraph 2ZA of Schedule 7, (time of payment) to the Social Security (Claims and Payments) Regulations 1987 the Secretary of State changes the manner in which a benefit mentioned in paragraph (2) is paid from weekly payments in advance to weekly payments in arrears.
2
The benefits are income support, widowed mother’s allowance, widowed parent’s allowance and widow’s pension.
3
Where this regulation applies, a person shall be entitled to a transitional payment determined in accordance with paragraph (4).
4
The amount of the transitional payment shall be equivalent to the gross amount of benefit payable in respect of the last 7 days for which benefit was payable in advance.
5
In paragraph (4), “the gross amount” means the amount of weekly benefit payable to a person before any deductions have been made —
a
under regulation 34A (deductions of mortgage interest which shall be made from benefit and paid to qualified lenders), 34B (deductions of mortgage interest which may be made from benefits and paid to qualified lenders in other cases) or 35 (deductions which may be made from benefit and paid to third parties) of the Social Security (Claims and Payments) Regulations 1987 ; or
b
in respect of overpayment recovery or recovery of social fund loans under section 71 (overpayments-general), 74 (income support and other payments) or 78 (recovery of social fund awards) of the Social Security Administration Act 1992 .
Adjusting payment of benefit
3
1
This regulation applies where in accordance with regulations 22A(1), (bereavement benefits) 24(1) of, (incapacity benefit, maternity allowance and severe disablement allowance) and paragraphs 1, 3(1A) and 3(2) of Schedule 7, (time of payment) to the Social Security (Claims and Payments) Regulations 1987 the Secretary of State changes the manner in which a benefit mentioned in paragraph (2) is paid from weekly payments in arrears to fortnightly payments in arrears.
2
The benefits are incapacity benefit, income support, severe disablement allowance, widowed mother’s allowance, widowed parent’s allowance and widow’s pension.
3
Subject to paragraph (6), where this regulation applies, a person shall be entitled, on making a request to the Secretary of State, to an adjusting payment of benefit determined in accordance with paragraph (5).
4
A request under paragraph (3) may only be made on a day before the day on which the first fortnightly payment is due.
5
The amount of the adjusting payment of benefit shall be the person’s net weekly benefit payable in respect of the last period of 7 days for which benefit was payable weekly in arrears, rounded up so as to be divisible by 12.
6
The Secretary of State shall not pay an adjusting payment of benefit where a person’s net weekly benefit is less than £4.00 in respect of the period of 7 days ending on the payday which the Secretary of State has indicated will be the final payday for the purposes of paying the person at weekly intervals.
7
In paragraphs (5) and (6), “net weekly benefit” means the amount of weekly benefit payable to a person after any deductions have been made —
a
under regulation 34A, 34B or 35 of the Social Security (Claims and Payments) Regulations 1987; or
b
in respect of overpayment recovery or recovery of social fund loans under section 71, 74 or 78 of the Social Security Administration Act 1992.
Adjustment of subsequent payments following an adjusting payment of benefit
4
1
Subject to paragraph (5), where an adjusting payment of benefit is made under regulation 3, the amount of that payment shall be recovered by means of an adjustment in subsequent payments of benefit in accordance with paragraphs (2) to (4).
2
A person’s benefit payments shall be adjusted over a period of 12 consecutive weeks (“the adjustment period”).
3
The first payment from which an adjusting payment of benefit shall be recovered is the payment that is due on the second occasion on which the person is due to receive payment of benefit at fortnightly intervals.
4
The amount by which the person’s weekly benefit is to be reduced on each occasion during the adjustment period shall be 1/12 of the adjusting payment of benefit.
5
The Secretary of State may in any particular case or class of case recover the whole of an adjusting payment of benefit, or the residue of it if partly recovered, by adjusting subsequent payments of the same benefit over any period of time.
Signed by authority of the Secretary for Work and Pensions
Tony McNulty
Minister of State
Department for Work and Pensions
9th March 2009


text:
Citation and commencement
1
These Regulations may be cited as the Climate Change Agreements (Eligible Facilities) (Amendment) Regulations 2009 and shall come into force on 1st October 2009.
Amendment of the Climate Change Agreements (Eligible Facilities) Regulations 2006
2
The following paragraphs are added to the Schedule to the Climate Change Agreements (Eligible Facilities) Regulations 2006 , after paragraph 12 of that Schedule —
13
At an installation or site where plastic materials, or plastic products (whether or not these are finished products), are produced by —
a
the application of heat and pressure to; or
b
a chemical reaction involving,
plastics powder, granules, shredded waste or liquid: injection moulding, reaction injection moulding, compression moulding (including hot and cold press moulding), transfer moulding, structural foam moulding, direct screw transfer moulding, rotational moulding (including slush moulding), flexible foam moulding (including dual component processing), blow moulding, casting, expanded polystyrene moulding, expandable materials processing, mixing and compounding, calendering, powder coating (including dip moulding), sintering, thermoforming (including vacuum forming), pultrusion, filament winding, spread coating, hand lay-up and resin transfer moulding.
14
At an installation or site where refined salt for use in food products or supplements is prepared or processed from minerals.
15
At an installation or site, not being a launderette predominately offering self-service washes or predominately serving the domestic market, where textiles are laundered by washing with water, drying and smoothing save where such laundering is carried out in support of other activities carried out by the business (not being textile rental activities), whether or not such activities are carried out at the installation or site.
.
Joan Ruddock
Minister of State
Department of Energy and Climate Change
6th September 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Insolvency Proceedings (Monetary Limits) (Amendment) Order 2009 and comes into force on 6th April 2009.
2
In this Order —
“ the Act ” means the Insolvency Act 1986, and
“the principal Order” is the Insolvency Proceedings (Monetary Limits) Order 1986 .
Amendments to the principal Order
2
In article 3 of the principal Order, for “(bankruptcy)” substitute “(bankruptcy and debt relief orders)”.
3
In Part 2 of the Schedule to the principal Order,
a
at the beginning of the list insert —
251S(4) Maximum amount of credit which a person in
respect of whom a debt relief order is made may obtain without disclosure of his status
£500
b
at the end of the list insert —
Schedule 4ZA — Monetary conditions which must be satisfied for a debt relief order to be made — (a) paragraph 6(1) (a) maximum amount of a person’s debts: £15,000 (b) paragraph 7(1) (b) maximum amount of monthly surplus income: £50 (c) paragraph 8(1) (c) maximum total value of property: £300
Pat McFadden
Minister of State for Employment Relations and Postal Affairs
Department for Business, Enterprise and Regulatory Reform
2nd March 2009