text:
Citation, commencement and effect
1
1
This Order may be cited as the Corporation Tax (Land Remediation Relief) Order 2009.
2
This Order shall come into force on 13th August 2009 and shall have effect in relation to expenditure incurred on or after 1st April 2009.
Interpretation
2
In this Order —
“ the Act ” means the Corporation Tax Act 2009;
“arsenic” means the element whose chemical symbol is As and whose atomic number is 33;
“arsenical compounds” mean any compound one of whose constituent elements is arsenic;
“Japanese Knotweed” is the plant matter also known as Fallopia japonica, Reynoutria japonica or Polygonum cuspidatum;
“radon” means the element whose chemical symbol is Rn and whose atomic number is 86.
Land in a contaminated state
3
1
Section 1145(2) of the Act (land “in a contaminated state”) shall not apply where the following are present in, on or under the land —
a
arsenic,
b
arsenical compounds,
c
Japanese Knotweed, or
d
radon.
2
This article is limited so that it has effect only in relation to —
a
that part of the land where the items listed in paragraph (1) are present, and
b
expenditure incurred for the purpose of remedying or mitigating the effects of relevant harm caused by the presence of one or more of the listed items.
Relevant contaminated land remediation: specified activity
4
1
For the purposes of Condition C in section 1146 of the Act (“relevant contaminated land remediation”), a specified activity is the removal of relevant material from the land in question to a licensed landfill site.
2
For the purposes of this article —
a
“relevant material” means material which contains or may contain Japanese Knotweed;
b
“licensed landfill site” means a site in respect of which a permit has been granted under the following —
i
the Environmental Permitting (England and Wales) Regulations 2007 ,
ii
the Pollution Prevention and Control (Scotland) Regulations 2000 ,
iii
the Pollution Prevention and Control (Northern Ireland) Regulations 2003 , or
iv
Council Directive 1999/31/ EC of 26th April 1999 on the landfill of waste .
Relevant contaminated land remediation: specified enactments
5
For the purposes of Condition C in section 1146 of the Act the following are specified enactments —
Statute Section Explanatory note
(1)
1984 c. 55 .
(2)
1990 c. 43 .
(3)
1990 c. 8 .
(4)
1990 c. 9 .
(5)
1997 c. 8 .
(6)
1997 c. 9 .
(7)
2003 asp. 8 .
(8)
S.I. 1978/1049 (N.I. 19) .
(9)
S.I. 1991/1220 (N.I. 11) .
Building Act 1984 section 77 dangerous buildings section 79 ruinous and dilapidated buildings and neglected sites Environmental Protection Act 1990 section 78E duty of enforcing authority to require remediation of contaminated land section 79 statutory nuisances and inspections therefor section 80 summary proceedings for statutory nuisances section 81 supplementary provisions section 82 summary proceedings by persons aggrieved by statutory nuisances Town and Country Planning Act 1990 section 215 power to require proper maintenance of land Planning (Listed Buildings and Conservation Areas) Act 1990 section 48 repair notices preliminary to acquisition under section 47 Town and Country Planning (Scotland) Act 1997 section 179 notice requiring proper maintenance of land Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 section 43 repair notices preliminary to acquisition under section 42 Building (Scotland) Act 2003 section 28 defective buildings Pollution Control and Local Government (Northern Ireland) Order 1978 article 65 defective buildings article 66 ruinous and dilapidated buildings Planning (Northern Ireland) Order 1991 article 39 orders requiring discontinuance of use or alteration or removal of buildings or works article 109 compulsory acquisition of listed buildings
Relevant derelict land remediation: specified purposes
6
1
For the purposes of Condition B in section 1146A of the Act (“relevant derelict land remediation”), the specified purposes are the removal of —
a
post-tensioned concrete heavyweight construction,
b
building foundations and machinery bases,
c
reinforced concrete pilecaps,
d
reinforced concrete basements, or
e
redundant services which are located below the ground.
2
For the purposes of this article, “services” means any pipes, wiring, cables, tunnels or other similar equipment or infrastructure used in relation to the following —
a
gas supply,
b
water supply, drainage or sewerage,
c
electricity supply, or
d
telecommunications.
Exception from condition that land be in a contaminated state at time of acquisition
7
Where land is in a contaminated state by virtue of the presence in, on or under it of Japanese Knotweed the following conditions need not be met —
a
Condition B as specified by section 1147(3)(a) (deduction for capital expenditure), and
b
Condition B as specified by section 1149(3)(a) (additional deduction for qualifying land remediation expenditure).
Dave Watts
Frank Roy
Two of the Lords Commissioners to Her Majesty’s Treasury
21st July 2009


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Designation of Schools Having a Religious Character (Independent Schools) (England) (No. 3) Order 2009.
Interpretation
2
In this Order “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets education is provided at the school or the school is conducted (or, as the case may be, each such religious denomination).
Designation of schools
3
1
The schools listed in column (1) of the Schedule are designated as schools having a religious character.
2
The relevant religion or religious denomination in relation to a school listed in column (1) of the Schedule is specified in relation to that school in column (2).
P S A Jones
A Divisional Manager in the
Department for Children, Schools and Families
9th December 2009


text:
1
This Order may be cited as the Export Control (Uzbekistan) (Amendment) Order 2009 and shall come into force on 8th May 2009.
2
1
The Export Control (Uzbekistan) Order 2005 is amended as follows.
2
In Article 1(2), in the definition of “the Regulation” after the words “14 November 2005” insert “as amended by Council Regulation ( EC ) No 154/2009 of 23 February 2009 ”.
Ian Pearson
Economic and Business Minister
Department for Business, Enterprise and Regulatory Reform
6th May 2009


text:
Citation and commencement
1
This Order may be cited as The Traffic Management (London Borough of Camden) Permit Scheme Order 2009 and is to come into effect on 11th January 2010.
Interpretation
2
In this Order —
“the London Borough of Camden Permit Scheme” means the permit scheme set out in the schedule to this Order in terms commonly known as the “London Permit Scheme” which was prepared and submitted to the Secretary of State by the London Borough of Camden and has been approved by the Secretary of State; and
“specified streets” has the meaning given by regulation 8 of the Traffic Management Permit Scheme (England) Regulations 2007 .
Commencement of Permit Scheme
3
The London Borough of Camden Permit Scheme comes into effect on 11th January 2010.
Application of Part 8 of The Traffic Management Permit Scheme (England) Regulations 2007
4
Part 8 of the Traffic Management Permit Scheme (England) Regulations 2007 shall apply to the specified streets within the London Borough of Camden Permit Scheme.
Signed by authority of the Secretary of State for Transport
C.D. Mole
Parliamentary Under Secretary of State
Department for Transport
30th November 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Health and Social Care Act 2008 (Commencement No.8) Order 2009.
2
In this Order “ the Act ” means the Health and Social Care Act 2008.
Appointed day in respect of provisions relating to the Health Protection Agency Act 2004
2
1
1st March 2009 is the appointed day for the coming into force of paragraph (a) of subsection (5) of section 159 of the Act.
2
1st April 2009 is the appointed day for the coming into force of the following provisions of the Act —
a
section 159 in so far as it is not already in force; and
b
Part 7 of Schedule 15 (abolition of National Biological Standards Board) and in so far as it relates to that Part, section 166 (repeals) of the Act.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minster of State,
Department of Health
11th February 2009


text:
Citation, commencement and application
1
These Regulations may be cited as the Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) (Amendment) Regulations 2009 and come into force on 12th October 2009.
Amendment of the Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003
2
1
The Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003 are amended as follows.
2
For paragraph 2 of Schedule 2 (information required in respect of the responsible individual or persons seeking to manage or work for the purposes of an agency) substitute —
2
Either —
a
where the certificate is required for a position that falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002 , an enhanced criminal record certificate within the meaning of section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act); or
b
in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.
.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
15th July 2009
Gwenda Thomas
Deputy Minister for Social Services Under authority of the Minister for Health and Social Services One of the Welsh Ministers
14th July 2009


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) Order 2009 and comes into force on 1st May 2009.
Amendment of the Value Added Tax Act 1994
2
The Value Added Tax Act 1994 is amended in accordance with articles 3 and 4.
3
In Schedule 1 (registration in respect of taxable supplies) —
a
in paragraph 1(1)(a) and (b) and (2)(a) and (b), for “£67,000” substitute “£68,000”; and
b
in paragraphs 1(3) and 4(1) and (2), for “£65,000” substitute “£66,000” .
4
In Schedule 3 (registration in respect of acquisitions from other member states) in paragraphs 1(1) and (2) and 2(1)(a) and (b) and (2), for “£67,000” substitute “£68,000” .
Steve McCabe
Bob Blizzard
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd April 2009


text:
Citation and commencement
1
This Order may be cited as the Export of Objects of Cultural Interest (Control) (Amendment) Order 2009 and comes into force on 28th August 2009.
Amendment of the Export of Objects of Cultural Interest (Control) Order 2003
2
For the definition of “the Regulation” in article 1(2) of the Export of Objects of Cultural Interest (Control) Order 2003 substitute ““the Regulation” means Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goods .”.
Gerry Sutcliffe
Minister of State
Department for Culture Media and Sport
5th August 2009


text:
PART 1 General
1
This Order may be cited as the European Organization for Astronomical Research in the Southern Hemisphere (Immunities and Privileges) Order 2009. It shall come into force on the day after the day on which it is made.
2
In this Order —
a
“ the Organization ” means the European Organization for Astronomical Research in the Southern Hemisphere;
b
“the 1961 Convention Articles ” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 ;
c
“ the Convention ” means the Convention establishing a European Organization for Astronomical Research in the Southern Hemisphere done at Paris on 5 October 1962 ;
d
“ the Protocol ” means the Multilateral Protocol on the Privileges and Immunities of the European Organization for Astronomical Research in the Southern Hemisphere done at Paris on 12 July 1974 .
3
In this Order, the official purposes of the Organization shall mean the official activities of the Organization as defined in the Convention, including its administrative activities.
PART 2 The Organization
4
The Organization is an organisation of which the United Kingdom and other sovereign Powers are members.
5
The Organization shall have the legal capacities of a body corporate.
6
1
Within the scope of its official purposes, the Organization shall have immunity from suit and legal process except —
a
to the extent that the Director-General of the Organization, or the person acting in his stead as provided for by Article VI of the Convention, shall have expressly waived such immunity in a particular case;
b
in respect of a civil action by a third party for damage arising from an accident caused by a motor vehicle belonging to, or operated on behalf of, the Organization, or in respect of a motor traffic offence involving such a vehicle;
c
in respect of the enforcement of an arbitration award made under either Article 23 or Article 24 of the Protocol;
d
in respect of an attachment for debt of the wages of a member of the Organization’s staff, provided that such attachment is the result of a final and enforceable judicial decision; and
e
in respect of a counter-claim relating directly to the principal claim brought by the Organization.
2
Paragraph (1) of this Article shall not prevent the taking of such measures as may be permitted by law in relation to the property and assets of the Organization in so far as they may be temporarily necessary in connection with the prevention of, and investigation into, accidents involving motor vehicles belonging to or operated on behalf of the Organization.
7
The Organization shall have the like inviolability of official archives and premises as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives and premises of a diplomatic mission.
8
Within the scope of its official purposes, the Organization and its property and income shall be exempt from Income Tax, Corporation Tax and Capital Gains Tax.
9
Within the scope of its official purposes, the Organization shall have the like relief from rates as in accordance with Article 23 of the 1961 Convention Articles is accorded in respect of the premises of a diplomatic mission.
10
The Organization shall have exemption from duties (whether of customs or excise) and taxes on the importation of goods imported by the Organization for the purpose of its official purposes, and on the importation of any publications of the Organization imported by it which are related to its functions, such exemption to be subject to compliance with such conditions as the Commissioners for Her Majesty’s Revenue and Customs may prescribe for the protection of the Revenue.
11
The Organization shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods imported or exported by the Organization for the exercise of its official purposes and in the case of any publications of the Organization imported or exported by it.
12
The Organization shall have relief, under arrangements made either by the Secretary of State or by the Commissioners for Her Majesty’s Revenue and Customs, by way of refund of duty (whether of customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979 ) or value added tax paid on the importation of such oil which is bought in the United Kingdom and used for the official purposes of the Organization, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
13
The Organization shall have relief, under arrangements made by the Secretary of State, by way of refund of car tax paid on any vehicles and value added tax paid on substantial purchases of goods or services which are strictly necessary for the performance of the official purposes of the Organization, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
PART 3 Representatives
14
1
Except in so far as in any particular case any privilege or immunity is waived by the Government of the member which they represent, representatives of members of the Organization (other than representatives of Her Majesty’s Government in the United Kingdom and persons who are British citizens, British overseas territories citizens, British Overseas citizens, British Nationals (Overseas) or permanent residents of the United Kingdom) shall enjoy —
a
immunity from suit and legal process in respect of acts performed by them, including words spoken or written, in the exercise of their functions and within the limits of their authority, except in the case of motor traffic offences committed by them or damage caused by motor vehicles belonging to or driven by them;
b
while exercising their functions and during the journey to and from the place of meeting, immunity from personal arrest or detention, unless they are apprehended in the act of committing an offence in which case the competent authorities shall immediately inform the Director-General of the Organization or his representative of the arrest.
c
while exercising their functions and during the journey to and from the place of meeting, the like exemption and privileges in respect of their personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent, unless they are apprehended in the act of committing an offence in which case the competent authorities shall immediately inform the Director-General of the Organization or his representative of any seizure of their personal baggage; and
2
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on any member of the family or any member of the official staff of a representative.
PART 4 Officers
High Officers
15
1
Except in so far as in any particular case any privilege or immunity is waived by the Council of the Organization, the Director-General of the Organization, and the person appointed to act in his stead in accordance with Article VI of the Convention, shall enjoy —
a
the like immunity from suit and legal process, the like inviolability of residence, and the like exemption or relief from taxes and rates, other than duties (whether of customs or excise) and taxes on the importation of goods, as are accorded to or in respect of the head of a diplomatic mission;
b
the like exemption from duties (whether of customs or excise) and taxes on the importation of articles imported for his personal use or the use of members of his family forming part of his household, including articles intended for his establishment, and the like privilege as to the importation of such articles, as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent;
c
the like exemption and privileges in respect of his personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent;
d
relief, under arrangements made either by the Secretary of State or by the Commissioners for Her Majesty’s Revenue and Customs, by way of refund of duty (whether of customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979)which is bought in the United Kingdom by him or on his behalf, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements;
e
exemptions whereby for the purposes of the enactments relating to social security, including enactments in force in Northern Ireland —
i
services rendered for the Organization shall be deemed to be excepted from any class of employment in respect of which contributions under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution which he would not be required to pay if those services were not deemed to be so excepted;
provided that this Article shall not apply to any person who is a British citizen, British overseas territories citizen, British Overseas citizen, British National (Overseas) or permanent resident of the United Kingdom.
2
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the families of the officers to whom this Article applies, except to the extent that members of families of such officers forming part of their households shall enjoy immunity from suit and legal process.
All Other Officers
16
1
Except in so far as in any particular case any privilege or immunity is waived by the Director-General of the Organization, or the person appointed to act in his stead in accordance with Article VI of the Convention, the members of staff of the Organization, other than high officers to whom article 15 applies shall enjoy —
a
immunity from suit and legal process in respect of things done or omitted to be done by them in the course of performance of official duties, except in the case of motor traffic offences committed by them or of damage caused by a motor vehicle belonging to or driven by them;
b
exemption from income tax in respect of emoluments received as an officer or servant of the Organization, provided that nothing in this paragraph shall be interpreted as precluding such emoluments from being taken into account for the purpose of assessing the amount of taxation to be applied to income from other sources;
c
the like exemption from duties (whether of customs or excise) and taxes on the importation of articles which —
i
at or about the time when they first enter the United Kingdom to take up their posts as members of the staff of the Organization are imported for their personal use, including articles intended for their establishments, and
ii
are articles which were in their ownership or possession or which they were under contract to purchase, immediately before they so entered the United Kingdom,
and the like privilege as to the importation of such articles as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent, if they have a contract of employment with the Organization of not less than one year;
provided that this paragraph shall not apply to any person who is a British citizen, British overseas territories citizen, British Overseas citizen, British National (Overseas) or permanent resident of the United Kingdom.
2
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the families of the officers to whom this Article applies, except to the extent that members of families of such officers forming part of their households shall enjoy immunity from suit and legal process to the extent enjoyed by such officers under paragraph (1) (a).
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
1
These Regulations may be cited as the Income Tax (Qualifying Child Care) (No. 2) Regulations 2009.
2
These Regulations come into force on 21st November 2009.
Amendment of section 318C of the Income Tax (Earnings and Pensions) Act 2003
2
1
Section 318C of the Income Tax (Earnings and Pensions) Act 2003 (meaning of “qualifying child care”) is amended as follows.
2
In subsection (3)(g) omit “under the Fostering Services (Wales) Regulations 2003”.
3
In subsection (4) at the end of paragraph (a) omit “or” and insert at the end —
, or
by a foster carer.
.
4
In subsection (5) at the end of paragraph (b) omit “or” and insert at the end —
d
by a foster parent, or
e
by a home child care provider approved in accordance with the Tax Credits (Approval of Home Child Care Providers) Scheme (Northern Ireland) 2006 .
.
5
In subsection (7)(d) for “in respect of a child whom that foster parent is fostering” substitute “, foster carer or kinship carer in respect of a child whom that person is fostering or is looking after as the child’s kinship carer”.
6
After subsection (9) add —
10
In this section “foster parent” in relation to a child —
a
in relation to England, means a person with whom the child is placed under the Fostering Services Regulations 2002 ;
b
in relation to Wales, means a person with whom the child is placed under the Fostering Services (Wales) Regulations 2003 ; and
c
in relation to Northern Ireland, means a person with whom the child is placed under the Foster Placement (Children) Regulations (Northern Ireland) 1996 .
11
In this section —
“foster carer” and
“kinship carer”
have the meanings given in regulation 2 of the Looked After Children (Scotland) Regulations 2009 .
.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
28th October 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Habitual Residence) (Amendment) Regulations 2009.
2
They come into force on 18 th March 2009.
Amendment of the Income Support (General) Regulations 1987
2
1
Regulation 21AA of the Income Support (General) Regulations 1987 (special cases: supplemental – persons from abroad) is amended as follows.
2
At the end of paragraph (4)(i), omit “or”.
3
At the end of paragraph (4)(j), add “; or” and the following sub-paragraph —
k
a person who —
i
arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;
ii
immediately before arriving there had been resident in Zimbabwe; and
iii
before leaving Zimbabwe, had accepted an offer, made by Her Majesty’s Government, to assist that person to move to and settle in the United Kingdom.
.
Amendment of the Jobseeker’s Allowance Regulations 1996
3
1
Regulation 85A of the Jobseeker’s Allowance Regulations 1996 (special cases: supplemental – persons from abroad) is amended as follows.
2
At the end of paragraph (4)(i), omit “or”.
3
At the end of paragraph (4)(j), add “; or” and the following sub-paragraph —
k
a person who —
i
arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;
ii
immediately before arriving there had been resident in Zimbabwe; and
iii
before leaving Zimbabwe, had accepted an offer, made by Her Majesty’s Government, to assist that person to move to and settle in the United Kingdom.
.
Amendment of the State Pension Credit Regulations 2002
4
1
Regulation 2 of the State Pension Credit Regulations 2002 (persons not in Great Britain) is amended as follows.
2
At the end of paragraph (4)(i), omit “or”.
3
At the end of paragraph (4)(j), add “; or” and the following sub-paragraph —
k
a person who —
i
arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;
ii
immediately before arriving there had been resident in Zimbabwe; and
iii
before leaving Zimbabwe, had accepted an offer, made by Her Majesty’s Government, to assist that person to move to and settle in the United Kingdom.
.
Amendment of the Housing Benefit Regulations 2006
5
1
Regulation 10 of the Housing Benefit Regulation 2006 (persons from abroad) is amended as follows.
2
At the end of paragraph (3B)(j) omit “or”.
3
After paragraph (3B)(j), insert —
jj
a person who —
i
arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;
ii
immediately before arriving there had been resident in Zimbabwe; and
iii
before leaving Zimbabwe, had accepted an offer, made by Her Majesty’s Government, to assist that person to move to and settle in the United Kingdom; or
.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
6
1
Regulation 10 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (persons from abroad) is amended as follows.
2
At the end of paragraph (4A)(j), omit “or”.
3
After paragraph (4A)(j), insert —
jj
a person who —
i
arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;
ii
immediately before arriving there had been resident in Zimbabwe; and
iii
before leaving Zimbabwe, had accepted an offer, made by Her Majesty’s Government, to assist that person to move to and settle in the United Kingdom; or
.
Amendment of the Council Tax Benefit Regulations 2006
7
1
Regulation 7 of the Council Tax Benefit Regulations 2006 (persons from abroad) is amended as follows.
2
At the end of paragraph (4A)(j), omit “or”.
3
After paragraph (4A)(j), insert —
jj
a person who —
i
arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;
ii
immediately before arriving there had been resident in Zimbabwe; and
iii
before leaving Zimbabwe, had accepted an offer, made by Her Majesty’s Government, to assist that person to move to and settle in the United Kingdom; or
.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
8
1
Regulation 7 of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (persons from abroad) is amended as follows.
2
At the end of paragraph (4A)(j), omit “or”.
3
After paragraph (4A)(j), insert —
jj
a person who —
i
arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;
ii
immediately before arriving there had been resident in Zimbabwe; and
iii
before leaving Zimbabwe, had accepted an offer, made by Her Majesty’s Government, to assist that person to move to and settle in the United Kingdom; or
.
Amendment of the Employment and Support Allowance Regulations 2008
9
1
Regulation 70 of the Employment and Support Allowance Regulations 2008 (special cases: supplemental – persons from abroad) is amended as follows.
2
At the end of paragraph (4)(j), omit “or”.
3
At the end of paragraph (4)(k), add “; or” and the following sub-paragraph —
l
a person who —
i
arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;
ii
immediately before arriving there had been resident in Zimbabwe; and
iii
before leaving Zimbabwe, had accepted an offer, made by Her Majesty’s Government, to assist that person to move to and settle in the United Kingdom.
.
Signed by authority of the Secretary of State for Work and Pensions
Kitty Ussher
Parliamentary Under Secretary of State
Department for Work and Pensions
23rd February 2009


text:
Citation and commencement
1
1
This Order may be cited as the Parliamentary Constituencies (England) (Amendment) Order 2009.
2
This Order shall come into force on the fourteenth day after the day on which it is made .
Parliamentary constituencies in England
2
1
The Parliamentary Constituencies (England) Order 2007 (“the 2007 Order ”) is amended as follows.
2
For the constituencies of Daventry, South Northamptonshire, Somerton and Frome and Wells as constituted by the Schedule to the 2007 Order (and described by reference to local government areas as they existed on 12th April 2005), substitute the constituencies —
a
which are named in column 1 of the Table in the Schedule to this Order;
b
which are designated in that column as county constituencies; and
c
which comprise the areas which are set out in column 2 of the Table.
3
The areas set out in column 2 of the Table in the Schedule to this Order are local government areas as they existed on 3rd May 2007.
Electoral registers
3
Each electoral registration officer for the constituencies referred to in article 2 shall make such re-arrangement or adaptation of the registers of parliamentary electors as may be necessary to give effect to this Order.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Olympic Route Network Designation Order 2009 and comes into force on 22nd July 2009.
Designation of Olympic Route Network
2
The roads specified in the Schedule to this Order are designated as roads in the Olympic Route Network.
Interpretation of the Schedule
3
In the Schedule —
a
the description of a designated road includes —
i
slip roads leading to or from it;
ii
roundabouts at either end of it including slip roads to and from such roundabouts;
iii
roundabouts that it crosses including slip roads to and from such roundabouts;
iv
gyratories at either end of it including slip roads to and from such gyratories;
v
gyratories that it crosses including slip roads to and from such gyratories;
vi
junctions at either end of it; and
vii
junctions that it crosses.
Signed by authority of the Secretary of State for Transport
Sadiq Khan
Minister of State
Department for Transport
23rd June 2009


text:
Citation and commencement
1
These Regulations may be cited as the Armed Forces (Terms of Service) (Amendment) (No.2) Regulations 2009, and shall come into force on 31st October 2009.
Interpretation
2
In these Regulations —
“the Army Regulations ” means the Army Terms of Service Regulations 2007 ;
“the RAF Regulations ” means the Royal Air Force Terms of Service Regulations 2007 ;
“the RM Regulations ” means the Royal Marines Terms of Service Regulations 2006 ;
“the RN Regulations ” means the Royal Navy Terms of Service (Ratings) Regulations 2006 .
The RN Regulations
3
1
Regulation 2 of the RN Regulations (application and interpretation) is amended as follows.
2
In paragraph (1) —
a
for “entry” substitute “enlistment”; and
b
for “have so entered” substitute “have so enlisted”.
3
In paragraph (2) —
a
omit the definition of “commanding officer”; and
b
for the definition of “competent naval authority” substitute —
“the competent naval authority” means the Defence Council, the Admiralty Board, the Naval Secretary or any person authorised by him;
.
4
1
Regulation 3 of the RN Regulations (duration of terms of service) is amended as follows.
2
In each of paragraphs (1) and (2), for “entered” substitute “enlisted”.
3
In paragraph (1), for “entry to service” substitute “enlistment for service”.
4
In paragraph (2), for “entry to” substitute “enlistment in”.
5
Omit paragraph (3).
5
For regulation 6 of the RN Regulations substitute —
Service in the reserve
6
A person transferred to the reserve in consequence of the exercise of a right conferred by regulation 4 shall serve in the reserve for a period beginning on the date of his transfer and ending —
a
6 years later, or
b
on the date on which his service in the Royal Navy would have ended if he had not exercised the right to transfer to the reserve,
whichever is the sooner, or for such shorter period as the competent naval authority may approve.
6
1
Regulation 7 of the RN Regulations (right of recruit to claim discharge) is amended as follows.
2
In paragraph (1), for “a person who enters the Royal Navy who has not previously so entered” substitute “a person who enlists in the Royal Navy and has not previously so enlisted, or whose only previous such enlistment was determined to be invalid by an approving officer under regulations made under section 328 of the Armed Forces Act 2006 (c. 52) ,”.
3
In paragraph (2), for “entered service with” substitute “enlisted in”.
4
In paragraph (3), for “paragraph (4)” substitute “regulations made under section 331 of the Armed Forces Act 2006”.
5
Omit paragraph (4).
6
In paragraph (5), for “either on leave or for an unauthorised purpose” substitute “on leave”.
7
1
Regulation 8 of the RN Regulations (continuance in service) is amended as follows.
2
In paragraph (1) —
a
for “entered in the Royal Navy” substitute “enlisted in the Royal Navy”;
b
for “the term for which he is entered” substitute “the term for which he is enlisted or entered (as the case may be)”.
3
In paragraph (4), for “entered” substitute “enlisted”.
8
After regulation 8 of the RN Regulations insert —
Re-entry
8A
A person serving in the reserve by virtue of these Regulations or any previous enactment may apply to the competent naval authority to re-enter service in the Royal Navy and —
a
be treated as if he had been serving in the Royal Navy while he was serving in the reserve,
b
serve in the Royal Navy for the remainder of the period for which he would have been liable to serve in the reserve if he had not re-entered service in the Royal Navy, or
c
serve in the Royal Navy for a specified part of that remainder, and in the reserve for the rest of that remainder,
and if the application is granted he shall re-enter service in the Royal Navy on the terms specified in the application.
9
Omit Schedule 1 to the RN Regulations (competent naval authorities).
The RM Regulations
10
In regulation 2(2) of the RM Regulations (interpretation) —
a
omit the definition of “commanding officer”; and
b
for the definition of “competent authority” substitute —
“the competent authority” means the Defence Council, the Admiralty Board, the Naval Secretary or any person authorised by him;
.
11
1
Regulation 3 of the RM Regulations (duration of terms of enlistment) is amended as follows.
2
In each of paragraphs (1) and (2), for “attestation” substitute “enlistment”.
3
Omit paragraph (3).
12
For regulation 6 of the RM Regulations substitute —
Service in the reserve
6
A person transferred to the reserve in consequence of the exercise of a right conferred by regulation 4 shall serve in the reserve for a period beginning on the date of his transfer and ending —
a
6 years later, or
b
on the date on which his service in the Royal Marines would have ended if he had not exercised the right to transfer to the reserve,
whichever is the sooner, or for such shorter period as the competent authority may approve.
13
1
Regulation 7 of the RM Regulations (right of recruit to claim discharge) is amended as follows.
2
In paragraph (1), after “has not previously so enlisted” insert “, or whose only previous such enlistment was determined to be invalid by an approving officer under regulations made under section 328 of the Armed Forces Act 2006 (c. 52) ,”.
3
In paragraph (2), for “attestation” substitute “enlistment”.
4
In paragraph (3), for “paragraph (4)” substitute “regulations made under section 331 of the Armed Forces Act 2006”.
5
Omit paragraph (4).
6
In paragraph (5), for “either on leave or for an unauthorised purpose” substitute “on leave”.
14
After regulation 8 of the RM Regulations insert —
Re-entry
8A
A person serving in the reserve by virtue of these Regulations or any previous enactment may apply to the competent authority to re-enter service in the Royal Marines and —
a
be treated as if he had been serving in the Royal Marines while he was serving in the reserve,
b
serve in the Royal Marines for the remainder of the period for which he would have been liable to serve in the reserve if he had not re-entered service in the Royal Marines, or
c
serve in the Royal Marines for a specified part of that remainder, and in the reserve for the rest of that remainder,
and if the application is granted he shall re-enter service in the Royal Marines on the terms specified in the application.
15
Omit Schedule 1 to the RM Regulations (competent authorities).
The Army Regulations
16
In regulation 2(3) of the Army Regulations (interpretation) —
a
omit the definition of “the 1955 Act”;
b
for the definition of “competent military authority” substitute —
“the competent military authority” means the Defence Council, the Army Board, the Director of Manning (Army) or any person authorised by him;
; and
c
for the definition of “recruit” substitute —
“recruit” means a person enlisted in the regular army who has not previously been so enlisted, or whose only previous such enlistment was determined to be invalid by an approving officer under regulations made under section 328 of the Armed Forces Act 2006 (c. 52) ;
.
17
In regulation 7(9) of the Army Regulations (local service engagement), in the definition of “recruiting officer” for “section 1 of the 1955 Act” substitute “regulations made under section 328 of the Armed Forces Act 2006”.
18
1
Regulation 9 of the Army Regulations (right of recruit to determine service) is amended as follows.
2
In paragraph (1), after “this regulation” insert “and to regulations made under section 331 of the Armed Forces Act 2006”.
3
Omit paragraph (4).
19
1
Regulation 14 of the Army Regulations (re-entry into army service) is amended as follows.
2
Omit “or by virtue of having enlisted for a term partly of army service and partly of service in the reserve,”.
3
In paragraph (a), for “Part 1 of the 1955 Act” substitute “regulations made under Part 14 of the Armed Forces Act 2006”.
20
After regulation 16 of the Army Regulations insert —
Transfer between corps
16A
1
This regulation applies to a person if he is —
a
a member of the regular army of or below the rank of warrant officer; or
b
a member of the Army Reserve of or below the rank of warrant officer who is in permanent service on call-out under any provision of the Reserve Forces Act 1980 (c. 9) or the Reserve Forces Act 1996 (c. 14) .
2
A person to whom this regulation applies may be transferred without his consent from the corps to which he was enlisted, assigned or transferred to another corps if the competent military authority so decides —
a
having regard to a reorganisation of the whole or of a part of the regular army or of the Army Reserve; or
b
when a call-out order under section 52 or 54 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the reserve forces.
3
Where a person is transferred between corps under paragraph (2), the competent military authority may vary his terms and conditions of service so as to correspond, or more closely to correspond, with those of persons enlisted in the corps to which he is transferred.
21
Omit regulation 17 of the Army Regulations (competent military authorities).
22
In regulation 19(1) of the Army Regulations (savings), for “terms” substitute “term”.
The RAF Regulations
23
1
Regulation 2 of the RAF Regulations (interpretation) is amended as follows.
2
In paragraph (1) —
a
omit the definition of “the Act”;
b
in the definition of “air force service”, for “regular air force” substitute “Royal Air Force”;
c
after that definition, insert —
“the competent air force authority” means the Defence Council, the Air Force Board, the Air Secretary or any person authorised by him;
;
d
for the definition of “recruit” substitute —
“recruit” means a person enlisted in the Royal Air Force who has not previously been so enlisted, or whose only previous such enlistment was determined to be invalid by an approving officer under regulations made under section 328 of the Armed Forces Act 2006 (c. 52) ;
; and
e
in the definition of “the relevant date”, for “attestation” substitute “enlistment”.
3
Omit paragraph (2).
24
1
Regulation 3 of the RAF Regulations (duration of terms of enlistment) is amended as follows.
2
In paragraph (1), for “attestation” substitute “enlistment”.
3
Omit paragraph (3).
25
1
Regulation 8 of the RAF Regulations (right of recruits to determine service) is amended as follows.
2
In paragraph (1), after “this regulation” insert “and to regulations made under section 331 of the Armed Forces Act 2006”.
3
In paragraph (2) —
a
omit “excluding leave”; and
b
for “attestation” substitute “enlistment”.
4
After paragraph (2) insert —
2A
In calculating any period of time referred to in this regulation, no account shall be taken of any day during which the recruit was absent on leave either for the whole or part of the day.
5
Omit paragraph (3).
26
In regulation 12(3) of the RAF Regulations (restrictions on the exercise of certain rights), for “Part I of the Act” substitute “Part 1 of the Air Force Act 1955 (c. 19) ”.
27
Omit regulation 17 of, and Schedule 1 to, the RAF Regulations (competent air force authorities).
28
In paragraph 1(c) of Schedule 2 to the RAF Regulations (transitional provisions in respect of women enlisted before 1st April 1986), for the paragraph added by that sub-paragraph to regulation 4 of those Regulations substitute —
4
Where a woman in exercise of a right conferred by this regulation serves a notice under regulation 10 and such notice expires at a time when a call-out order under section 52 of the Reserve Forces Act 1996 (c. 14) is in force authorising the call out for permanent service of members of the reserve forces, the woman’s service shall not be determined so long as such a call-out order is in force.
Transitional provisions
29
The Schedule shall have effect.
Revocation of the Armed Forces (Terms of Service) (Amendment) Regulations 2009
30
The Armed Forces (Terms of Service) (Amendment) Regulations 2009 are revoked.
Kevan Jones
Bill Jeffrey
Members of the Defence Council
Ministry of Defence
28th April 2009


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Taxes on Income and Capital) (Netherlands) Order 2009.
Double taxation arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Convention set out in Part 1 of the Schedule to this Order and in the Protocol set out in Part 2 of that Schedule have been made with the Government of the Kingdom of the Netherlands with a view to affording relief from double taxation in relation to income tax, corporation tax and capital gains tax and taxes of a similar character imposed by the laws of the Kingdom of the Netherlands;
b
those arrangements include provisions with respect to the exchange of information foreseeably relevant to the administration, enforcement or recovery of the taxes, and debts relating to the taxes, covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes;
c
those arrangements also include provisions with respect to the assistance in the collection of taxes; and
d
it is expedient that those arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Enforcement Powers) (Amendment) Regulations 2009 and come into force on 1st October 2009.
Amendment of the Goods Vehicles (Enforcement Powers) Regulations 2001
2
The Goods Vehicles (Enforcement Powers) Regulations 2001 are amended as follows.
Release of detained vehicles
3
For regulation 4 (release of detained vehicles) substitute —
4
1
In the circumstances described in paragraph (2), a vehicle detained by virtue of regulation 3 shall be returned to the owner, without the need for an application under regulation 10.
2
The circumstances are that the authorised person is satisfied that one or more of the grounds specified in paragraph (3) is or are made out.
3
The grounds are —
a
that, at the time the vehicle was detained, the person using the vehicle held a valid licence (whether or not authorising the use of the vehicle);
b
that, at the time the vehicle was detained, the vehicle was not being, and had not been, used in contravention of section 2 of the 1995 Act ;
c
that, although at the time the vehicle was detained it was being, or had been, used in contravention of section 2 of the 1995 Act, the owner did not know that it was being, or had been, so used;
d
that, although knowing at the time the vehicle was detained that it was being, or had been, used in contravention of section 2 of the 1995 Act, the owner —
i
had taken steps with a view to preventing that use; and
ii
has taken steps with a view to preventing any further such use.
.
Power to immobilise vehicles
4
1
Regulation 5 (power to immobilise vehicles) is amended as follows.
2
In paragraph (3)(b), after the words “by or under the direction of an authorised person” insert “(and provides details as to where an authorised person may be contacted)”.
3
After paragraph (3)(b) insert —
ba
an application may be made for the release of the vehicle (and provides information about the procedure under which such an application may be made);
.
Removal of, or interference with, an immobilisation notice or device
5
1
Regulation 6 (removal of, or interference with, an immobilisation notice or device) is amended as follows.
2
After paragraph (1) (immobilisation notice) insert —
1A
A vehicle to which an immobilisation device has been fixed in accordance with regulation 5(2) may be released from the device only by or under the direction of an authorised person.
.
3
For paragraph (3) substitute —
3
A person who removes or attempts to remove, otherwise than in accordance with paragraph (1A), an immobilisation device fixed to a vehicle in accordance with regulation 5(2), is guilty of an offence.
4
A person guilty of an offence under paragraph (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
.
Release of immobilised vehicles
6
Omit regulation 7 (release of immobilised vehicles).
Notification of detention of a vehicle and its contents
7
1
Regulation 9 (notification of detention of a vehicle and its contents) is amended as follows.
2
After paragraph (1)(a)(ii) insert —
iia
describing the procedure under which, and the period within which, an application may be made to the traffic commissioner for the return of any property so detained;
.
3
In paragraph (1)(a)(iii), omit the words “that it may be claimed at the place and at the times specified in the notice and”.
4
In paragraph (1)(b)(v), after the words “Rental and Leasing Association” insert “, where the vehicle was hired from a vehicle-hire firm under a hiring agreement”.
5
in paragraph (2) —
a
before “(iii)”, insert “(iia), ”; and
b
before the words “21 days”, insert “a minimum of”.
Applications to a traffic commissioner
8
1
Regulation 10 (applications to a traffic commissioner) is amended as follows.
2
In paragraph (2)(a), for the words “paragraph (4)” substitute “regulation 4(3)”.
3
Omit paragraph (4).
4
At the end insert —
5
The period referred to in paragraphs (1) and (3) is subject to regulation 23.
.
Hearings
9
1
Regulation 11 (hearings) is amended as follows.
2
For paragraph (1)(b) substitute —
b
having received an application under regulation 10(1) the traffic commissioner decides that it would be appropriate to hold a hearing before making a determination on the application,
.
3
In paragraph (1), after the words “the traffic commissioner shall hold a hearing”, insert “within 28 days of receipt of the application (subject to the power of the traffic commissioner to extend the period in accordance with regulation 23)”.
4
In paragraph (6) for the words “Subject to paragraph (7), where” substitute “Where”.
Notification of determinations
10
1
Regulation 12 (notification of determinations) is amended as follows.
2
After the words “determination of an application” insert “as soon as reasonably practicable and, subject to regulation 23”.
3
In subparagraph (b), for the words “following the hearing” substitute “within 14 days of the conclusion of the hearing”.
Return of a vehicle detained
11
In regulation 14, in the full out words at the end, for “regulation 10(4)” substitute “regulation 4(3)”.
Disposal of vehicles
12
1
Regulation 15 (disposal of vehicles) is amended as follows.
2
In paragraph (1)(b) for “regulation 10(4)” substitute “regulation 4(3)”.
3
After paragraph (2)(c) insert —
ca
the Driver and Vehicle Licensing Agency;
.
4
In paragraph (2)(e), after the words “Rental and Leasing Association”, insert “, where the vehicle was hired from a vehicle-hire firm under a hiring agreement”.
Application of proceeds of sale
13
1
Regulation 18 (application of proceeds of sale) is amended as follows.
2
For paragraphs (1) and (2) substitute —
1
Subject to paragraph (1A), the proceeds of sale of any property sold under regulation 15 or 17 shall —
a
be applied towards meeting expenses incurred by any authorised person exercising functions by virtue of these Regulations in relation to the property in question; and
b
in so far as they are not so applied, be applied in meeting any claim to the proceeds of sale which is made and established in accordance with paragraph (2).
1A
Where the proceeds of sale of any property sold under regulation 15 or 17 exceed the expenses referred to in paragraph (1)(a) and —
a
no person has established entitlement to the proceeds of sale of the property; or
b
a person has established entitlement to the proceeds of sale of the property, but excess proceeds remain once the claim has been satisfied,
the excess proceeds may be applied towards meeting expenses incurred by any authorised person exercising functions in relation to any other property detained by virtue of regulation 3.
2
For the purposes of paragraph (1), a claim to the proceeds of sale of any property is established if —
a
the claim is made not later than one year after the date on which the property was sold; and
b
the authorised person is satisfied that —
i
if the property consists of a vehicle, the person making the claim was the owner of the vehicle immediately before it was sold by virtue of regulation 15; or
ii
if the property consists of contents, the person making the claim would, had the person made an appropriate application at the prescribed time, have been entitled to the return of the property by virtue of regulation 16.
.
3
In paragraph (3), for the words “paragraph (4)” substitute “paragraph (2)”.
4
Omit paragraph (4).
Extension of time
14
After regulation 22 (giving of notice) insert —
Extension of time
23
1
Where a traffic commissioner considers it to be necessary in order for a particular case to be dealt with fairly and justly, the traffic commissioner may extend any of the periods described in paragraph (3).
2
A period described in paragraph (3) may only be extended for such period as the traffic commissioner considers appropriate in the circumstances of the case.
3
The periods are those referred to in —
a
regulation 10;
b
regulation 11(1); and
c
regulation 12.
.
Signed by authority of the Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
16th July 2009


text:
Citation and commencement
1
This Order may be cited as the Offshore Installations (Safety Zones) (No.2) Order 2009 and comes into force on 19th August 2009.
Establishment of safety zone
2
A safety zone is established around each installation specified in column 1 of the Schedule (being an installation stationed in waters to which subsection (7) of section 21 of the Petroleum Act 1987 applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to the World Geodetic System 1984 specified in columns 2 and 3 of the Schedule.
Revocation
3
The Offshore Installations (Safety Zones) Order 2009 is revoked.
Signed by authority of the Secretary of State for Work and Pensions.
William D McKenzie
Parliamentary Under Secretary of State,
Department for Work and Pensions
29th July 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Adoptions with a Foreign Element (Amendment) Regulations 2009 and come into force on 23 October 2009.
Amendment of the Adoptions with a Foreign Element Regulations 2005
2
1
The Adoptions with a Foreign Element Regulations 2005 are amended as follows.
2
In regulation 19 (procedure following receipt of the Article 16 Information), for paragraph (3) substitute —
3
Where —
a
the procedure in paragraph (2) has been followed; and
b
the prospective adopter has confirmed in writing to the adoption agency that he wishes to proceed to adopt the child,
the agency must notify the relevant Central Authority in writing that the requirements specified in sub-paragraphs (a) and (b) have been satisfied and at the same time it must confirm that it is content for the adoption to proceed.
.
3
In regulation 20 (procedure where proposed adoption is not to proceed), in paragraph (3) for “before the child is placed with him” substitute “before any Convention adoption is made and before the child’s entry into the United Kingdom”.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
22nd September 2009