text:
Title, application and commencement
1
These Regulations may be cited as the Contaminants in Food (England) Regulations 2010, apply in relation to England only and come into force on 20th October 2010.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“authorised officer” means any person who is authorised in writing, either generally or specifically, by a food authority or as the case may be a port health authority to act in matters arising under these Regulations;
“Commission Regulation 1881/2006” means Commission Regulation (EC) No. 1881/2006 setting maximum levels for certain contaminants in foodstuffs ;
“Commission Regulation 629/2008” means Commission Regulation (EC) No. 629/2008 amending Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs ;
“Commission Regulation 124/2009” means Commission Regulation (EC) No. 124/2009 setting maximum levels for the presence of coccidiostats or histomonostats in food resulting from the unavoidable carry-over of these substances in non-target feed ;
“Commission Regulation 165/2010” means Commission Regulation (EU) No. 165/2010 amending Regulation (EC) No. 1881/2006 setting maximum levels for certain contaminants in foodstuffs as regards aflatoxins ;
“food authority” does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple) nor a port health authority;
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act.
2
Any other expression used in these Regulations and in Commission Regulation 1881/2006 or in Commission Regulation 124/2009 has the same meaning in these Regulations as it bears in the Commission Regulation concerned.
3
Any reference to “the Annex” is a reference to the Annex to Commission Regulation 1881/2006 as that Annex may be amended from time to time, and any reference to that Regulation is to be construed accordingly.
Offences and penalties
3
1
Subject to the transitional arrangements contained in –
a
Article 11 of Commission Regulation 1881/2006;
b
Article 2 of Commission Regulation 629/2008; or
c
Article 2 of Commission Regulation 165/2010,
a person who contravenes or fails to comply with any of the EU provisions specified in paragraph (2) is guilty of an offence.
2
The EU provisions are —
a
Article 1(1) of Commission Regulation 1881/2006 (prohibition on the placing on the market of foodstuffs containing contaminants in excess of prescribed limits contained in the Annex), as read with the Annex and, in the case of groundnuts, other oilseeds, tree nuts, dried fruit, rice and maize, with Article 4;
b
Article 3 of Commission Regulation 1881/2006 (prohibitions on use, mixing and detoxification); and
c
Article 1(1) of Commission Regulation 124/2009 (prohibitions on marketing or mixing foods containing coccidiostats or histomonstats at levels in excess of prescribed limits).
3
Anyone convicted of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Enforcement and competent authorities
4
1
It is the duty of each food authority within its area and each port health authority within its district to execute and enforce these Regulations, Commission Regulation 1881/2006 and Commission Regulation 124/2009.
2
The competent authority for the purposes of —
a
Article 2(2) of Commission Regulation 1881/2006 (justification by food business operators of concentration or dilution factors); and
b
Article 1(1) of Commission Regulation 124/2009 (relating to the duty to investigate the reasons for the contamination),
is the authority having the duty to enforce under paragraph (1).
Application of various sections of the Food Safety Act 1990
5
1
The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part of it is to be construed as a reference to these Regulations —
a
section 3 (presumptions that food intended for human consumption);
b
section 20 (offences due to fault of another person);
c
section 21 (defence of due diligence) with the modification that —
i
subsections (2) to (4) shall apply in relation to an offence under regulation 3 as they apply in relation to an offence under section 14 or 15, and
ii
in subsection (4) the references to “sale” are deemed to include references to “placing on the market”;
d
section 30(8) (which relates to documentary evidence);
e
section 33(1) (obstruction etc. of officers);
f
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub–paragraph (e);
g
section 35(1) (punishment of offences) , in so far as it relates to offences under section 33(1) as applied by sub–paragraph (e);
h
section 35(2) and (3) , in so far as it relates to offences under section 33(2) as applied by sub–paragraph (f);
i
section 36 (offences by bodies corporate);
j
section 36A (offences by Scottish partnerships) ; and
k
section 44 (protection of officers acting in good faith).
2
Subject to paragraph (3), section 9 of the Act (inspection and seizure of suspected food) applies for the purposes of these Regulations as if it read as follows —
9
1
An authorised officer of a food authority may at all reasonable times inspect any food intended for human consumption which has been placed on the market and subsections (2) to (7) below shall apply where, on such an inspection, it appears to the authorised officer that the placing on the market of any food fails to comply with the requirements specified in regulation 3(2)(a) and (c) of the Contaminants in Food (England) Regulations 2010, (“the EU requirements ”).
2
The authorised officer may either —
a
give notice to the person in charge of the food that, until the notice is withdrawn, the food or any specified portion of it —
i
is not to be used for human consumption, and
ii
either is not to be removed or is to be removed to a place at which there are facilities to carry out sampling in the manner required by law; or
b
seize the food and remove it in order to have it dealt with by a justice of the peace.
3
Where the authorised officer exercises the power conferred by subsection (2)(a) above, that officer shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not the food complies with the EU requirements and —
a
if satisfied that it does comply, shall forthwith withdraw the notice;
b
if not so satisfied, shall seize the food and remove it in order to have it dealt with by a justice of the peace.
4
Where an authorised officer exercises the powers conferred by subsection (2)(b) or (3)(b) above, the officer shall inform the person in charge of the food of the intention to have it dealt with by a justice of the peace and —
a
any person who in connection with regulation 3(2)(a) or (c) of the above Regulations might be liable to a prosecution in respect of the food shall, if that person attends before the justice of the peace by whom the food falls to be dealt with, be entitled to be heard and to call witnesses; and
b
that justice of the peace may, but need not, be a member of the court before which any person is proceeded against for an offence in connection with regulation 3(2)(a) or (c) of the above Regulations in relation to that food.
5
If it appears to a justice of the peace, on the basis of such evidence as the justice considers appropriate in the circumstances, that any food falling to be dealt with under this section fails to comply with the EU requirements the justice shall condemn the food and order —
a
the food to be destroyed or to be so disposed of as to prevent it from being used for human consumption; and
b
any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the food.
6
If a notice under subsection (2)(a) above is withdrawn, or the justice of the peace by whom any food falls to be dealt with under this section refuses to condemn it, the food authority shall compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.
7
Any disputed question as to the right to or the amount of any compensation payable under subsection (6) above shall be determined by arbitration.
8
Any person who knowingly contravenes the requirements of a notice under subsection (2)(a) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
.
3
The expressions “authorised officer” and “food authority” which are used in section 9 of the Act so far as it applies for the purposes of these Regulations by virtue of paragraph (2), shall, for those purposes, bear the meanings that those expressions respectively bear in these Regulations.
Consequential amendment
6
In Schedule 1 to the Food Safety (Sampling and Qualifications) Regulations 1990 (provisions to which those Regulations do not apply) in so far as they apply in relation to England, for the entry relating to the Contaminants in Food (England) Regulations 2009 there is substituted the following entry —
The Contaminants in Food (England) Regulations 2010 (to the extent that a sample falls to be prepared and analysed in accordance with Commission Regulation 1881/2006 as that expression is defined in those Regulations) S.I. 2010/2228 .
Revocations
7
The Contaminants in Food (England) Regulations 2009 are revoked.
Signed by authority of the Secretary of State for Health
Anne Milton
Parliamentary Under Secretary of State,
Department of Health
6th September 2010


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the International Tax Enforcement (Liechtenstein) Order 2010.
Tax information exchange agreement to have effect
2
It is declared that —
a
the agreement set out in the Schedule to this Order has been made with the Government of the Principality of Liechtenstein with a view to the exchange of information foreseeably relevant to the administration or enforcement or recovery of the taxes, and debts relating to the taxes, covered by the agreement; and
b
it is expedient that the agreement should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Prevention of Terrorism Act 2005 (Continuance in Force of Sections 1 to 9) Order 2010 and shall come into force on 11th March 2010.
Continuance in force of sections 1 to 9 of the Prevention of Terrorism Act 2005
2
Sections 1 to 9 of the Prevention of Terrorism Act 2005 shall not expire in accordance with article 2 of the Prevention of Terrorism Act 2005 (Continuance in Force of Sections 1 to 9) Order 2009 but shall continue in force for a period of one year beginning with 11th March 2010.
Alan Johnson
One of Her Majesty’s Principal Secretaries of State
Home Office
5th March 2010


text:
Citation, commencement and extent
1
1
This Order may be cited as the Vehicles Regulations (Amendment) Order 2010 and shall come into force on 27 th April 2010.
2
An amendment contained in this Order has the same extent as the instrument or relevant part of the instrument to which the amendment relates.
Amendments to the Motor Vehicles (Driving Licences) Regulations 1999
2
The Motor Vehicles (Driving Licences) Regulations 1999 are amended by inserting, in regulation 38(6)(a), after “a valid passport” —
or a valid identity card issued under the Identity Cards Act 2006
.
Amendments to the Motor Cars (Driving Instruction) Regulations 2005
3
The Motor Cars (Driving Instruction) Regulations 2005 are amended by —
a
inserting, in regulation 4(2)(b), after “a current passport” —
or a valid identity card issued under the Identity Cards Act 2006
; and by
b
inserting, in regulation 4(4)(b)(i), after “passport”, “or a valid identity card issued under the Identity Cards Act 2006”.
Amendments to the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007
4
The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 are amended by inserting in Regulation 5A(3), after “passport”, “or a valid identity card issued under the Identity Cards Act 2006 ”.
Amendments to the Vehicles Crime (Registration of Registration Plate Suppliers) Regulations 2008
5
The Vehicles Crime (Registration of Registration Plate Suppliers) Regulations 2008 are amended by replacing, in paragraph 2(c) of the Schedule, the words “issued by the government of a state or of a territory other than the United Kingdom” with “(whether or not issued in the United Kingdom) ”.
Meg Hillier
Parliamentary Under-Secretary of State
Home Office
30th March 2010


text:
Title, application and commencement
1
1
These Regulations may be cited as the Zoonoses and Animal By-Products (Fees) (England) Regulations 2010.
2
They apply in England only.
3
They come into force on 20th July 2010.
Interpretation
2
In these Regulations —
“the 2005 Regulations ” means the Animal By-Products Regulations 2005 ;
“the European Regulation ” means Regulation (EC) No 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents as amended from time to time;
“official control samples” means samples taken by the Secretary of State under any of the following —
point 2.1.2.2 of the Annex to Commission Regulation (EC) No 1003/2005 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in breeding flocks of Gallus gallus and amending Regulation (EC) No 2160/2003 , as amended from time to time;
point 2.1 of the Annex to Commission Regulation (EC) No 1168/2006 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in laying flocks of Gallus gallus and amending Regulation (EC) No 1003/2005 , as amended from time to time;
point 1(b) and (c) of the Annex to Commission Regulation (EC) No 646/2007 implementing Regulation 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in broiler flocks of Gallus gallus and repealing Regulation (EC) No 1091/2005 , as amended from time to time; or
point 1(b)(iii) of the Annex to Commission Regulation (EC) No 584/2008 implementing Regulation 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in turkeys , as amended from time to time.
Fees
3
The fees prescribed in the Schedule must be paid to the Secretary of State by the person indicated in the Schedule and must be paid within 14 days of demand.
Revocation
4
The Zoonoses and Animal By-Products (Fees) (England) Regulations 2009 are revoked.
James Paice
Minister of State
Department for Environment, Food and Rural Affairs
30th May 2010
We consent
Angela Watkinson
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd June 2010


text:
Citation commencement and effect
1
1
This Order may be cited as the Special Annual Allowance Charge (Protected Pension Input Amounts) Order 2010 and shall come into force on 19th March 2010
2
This Order shall have effect for the tax year 2009-10 and subsequent tax years.
Amendment of Schedule 35 to the Finance Act 2009
2
Schedule 35 to the Finance Act 2009 (special annual allowance charge) is amended as follows.
3
1
In sub-paragraph (1) of paragraph 7 (protected pension input amounts: general) —
a
omit the “and” at the end of paragraph (e), and
b
insert at the end
, and
g
paragraph 13A makes provision about single contributions made in accordance with agreements entered into not later than 22 April 2009.
.
2
In sub-paragraph (2) of paragraph 7 for “13” substitute “13A”.
4
1
In sub-paragraph (4) of paragraph 8 (protected pension input amounts: existing defined benefits arrangements) omit paragraphs (a) and (b) and after “if” substitute “the conditions set out in sub-paragraph (4A) or (4B) are met.”.
2
After that sub-paragraph insert —
4A
The conditions in this sub-paragraph are that —
a
benefits have been accruing to or in respect of the individual under the arrangement since before 22 April 2009 and until the relevant end date, and
b
there is no material change in the rules of the pension scheme under which benefits to or in respect of the individual are calculated under the arrangement in the period beginning with 22 April 2009 and ending with the relevant end date.
4B
The conditions in this sub-paragraph are that —
a
benefits began accruing to or in respect of the individual under the arrangement on or after 22 April 2009 but before the relevant end date and continued until that date,
b
the arrangement was made in accordance with the terms of a written agreement between the individual and the employer made not later than 22 April 2009, and
c
there is no material change in the rules of the pension scheme under which benefits to or in respect of the individual are calculated under the arrangement in the period beginning with the date on which benefits began accruing under that arrangement and ending with the relevant end date.
4C
If the conditions in sub-paragraph (4D) are met, the amount arrived at under paragraph 3(2) in relation to the arrangement which is attributable otherwise than to the paying of relevant added years contributions is a protected pension input amount to the extent specified in sub-paragraph (4F).
4D
The conditions in this sub-paragraph are that —
a
the arrangement was made no later than the end of the period of 3 months beginning with the date on which the individual ceased being an active member of a pension scheme other than that under which it is an arrangement (“the cessation date”),
b
the cessation date was on or after 22 April 2009,
c
the arrangement under that other pension scheme by reference to which the individual was an active member of that pension scheme (“the old arrangement”) was one in the case of which some or all of the benefits accruing under the arrangement were accruing in circumstances in which the amount arrived at under paragraph 3(2) in relation to the old arrangement was to any extent a protected pension input amount by virtue of this paragraph,
d
the individual does not make more than one arrangement under a pension scheme other than that under which the old arrangement was an arrangement in the period of 3 months beginning with the cessation date,
e
the individual made the arrangement for one of the reasons set out in sub-paragraph (4E),
f
the old arrangement has not been re-activated within the meaning of paragraph 13(7) on or after the cessation date,
g
there is no material difference between the rules of the pension scheme under which benefits to or in respect of the individual are calculated under the arrangement and the rules of the pension scheme under which such benefits were calculated under the old arrangement, and
h
there is no material change in the rules of the pension scheme under which benefits to or in respect of the individual are calculated under the arrangement in the period beginning with the date on which benefits began accruing under the arrangement and ending with the relevant end date.
4E
The reasons referred to in sub-paragraph (4D)(e) are that —
a
the individual’s employer had entered into a re-organisation of its pension provisions and the making of the arrangement was a consequence of that re-organisation, or
b
the making of the arrangement was due to a relevant business transfer within the meaning of paragraph 12(8A) of Schedule 36 to FA 2004 .
4F
The amount arrived at under paragraph 3(2) in relation to the arrangement is a protected pension input amount to the extent that it does not exceed the amount which would have been a protected pension input amount in respect of the old arrangement for the accrual period had the old arrangement continued during that period.
4G
The accrual period is the period in the tax year —
a
beginning with the date on which the individual became an active member of a pension scheme by reference to the arrangement (“the joining date”) or, if the joining date was in an earlier tax year, the first day of the tax year, and
b
ending with the last day of the tax year or, if earlier, the date on which the individual ceased being an active member of the pension scheme by reference to the arrangement.
.
3
For sub-paragraph (5) of paragraph 8 substitute —
5
If —
a
there is a material change in the rules of the pension scheme under which benefits are calculated under the arrangement during a period referred to in sub-paragraph (4A)(b), (4B)(c) or (4D)(h), and
b
the amount arrived at under paragraph 3(2) in relation to the arrangement would have been a protected pension input amount under sub-paragraph (4) or (4C) had it not been for the material change,
the amount so arrived at, to the extent that it is attributable otherwise than to the paying of relevant added years contributions, is a protected pension input amount to the extent that it is not attributable to that change.
5
1
In sub-paragraph (4) of paragraph 9 (protected pension input amounts: existing cash balance arrangements) omit paragraphs (a) and (b) and after “if” substitute “the conditions set out in sub-paragraph (4A) or (4B) are met.”.
2
After that sub-paragraph insert —
4A
The conditions in this sub-paragraph are that —
a
benefits have been accruing to or in respect of the individual under the arrangement since before 22 April 2009 and until the relevant end date, and
b
there is no material change in the rules of the pension scheme under which benefits to or in respect of the individual are calculated under the arrangement in the period beginning with 22 April 2009 and ending with the relevant end date.
4B
The conditions in this sub-paragraph are that —
a
benefits began accruing to or in respect of the individual under the arrangement on or after 22 April 2009 but before the relevant end date and continued until that date,
b
the arrangement was made in accordance with the terms of a written agreement between the individual and the employer made not later than 22 April 2009, and
c
there is no material change in the rules of the pension scheme under which benefits to or in respect of the individual are calculated under the arrangement in the period beginning with the date on which benefits began accruing under that arrangement and ending with the relevant end date.
4C
If the conditions in sub-paragraph (4D) are met, the amount arrived at under paragraph 3(2) in relation to the arrangement which is attributable otherwise than to the paying of relevant additional voluntary contributions is a protected pension input amount to the extent specified in sub-paragraph (4E).
4D
The conditions in this sub-paragraph are that —
a
the arrangement was made no later than the end of the period of 3 months beginning with the date on which the individual ceased being an active member of a pension scheme other than that under which it is an arrangement (“the cessation date”),
b
the cessation date was on or after 22 April 2009,
c
the arrangement under that other pension scheme by reference to which the individual was an active member of that pension scheme (“the old arrangement”) was one in the case of which some or all of the benefits accruing under the arrangement were accruing in circumstances in which the amount arrived at under paragraph 3(2) in relation to the old arrangement was to any extent a protected pension input amount by virtue of this paragraph,
d
the individual does not make more than one arrangement under a pension scheme other than that under which the old arrangement was an arrangement in the period of 3 months beginning with the cessation date,
e
the individual made the arrangement for one of the reasons set out in paragraph 8(4E),
f
the old arrangement has not been re-activated within the meaning of paragraph 13(7) on or after the cessation date,
g
there is no material difference between the rules of the pension scheme under which benefits to or in respect of the individual are calculated under the arrangement and the rules of the pension scheme under which such benefits were calculated under the old arrangement, and
h
there is no material change in the rules of the pension scheme under which benefits to or in respect of the individual are calculated under the arrangement in the period beginning with the date on which benefits started accruing under the arrangement and ending with the relevant end date.
4E
The amount arrived at under paragraph 3(2) is a protected pension input amount to the extent that it does not exceed the amount which would have been a protected pension input amount in respect of the old arrangement for the accrual period had the old arrangement continued during that period.
4F
For the purposes of sub-paragraph (4E) the accrual period has the meaning set out in paragraph 8(4G).
.
3
For sub-paragraph (5) of paragraph 9 substitute —
5
If —
a
there is a material change in the rules of a pension scheme under which benefits are calculated under an arrangement during a period referred to in sub-paragraph (4A)(b), (4B)(c) or (4D)(h), and
b
the amount arrived at under paragraph 3(2) in relation to the arrangement would have been a protected pension input amount under sub-paragraph (4) or (4C) had it not been for the material change,
the amount so arrived at, to the extent that it is attributable otherwise than to the paying of relevant additional voluntary contributions, is a protected pension input amount to the extent that it is not attributable to that change.
.
6
1
For sub-paragraph (4) of paragraph 10 (protected pension input amounts: other existing money purchase arrangements under occupational and public service pension schemes) substitute —
4
To the extent that the amount arrived at under paragraph 3(2) in relation to the arrangement is attributable to contributions other than relevant additional voluntary contributions it is a protected pension input amount to the extent specified in —
a
sub-paragraph (5) if the individual has been an active member of the pension scheme by reference to the arrangement since before 22 April 2009 and until the relevant end date, or
b
sub-paragraph (5A) if the individual has been an active member of the pension scheme by reference to the arrangement since on or after 22 April 2009 (“the joining date”) and until the relevant end date and the arrangement was entered into in accordance with the terms of a written agreement between the individual and the employer made not later than 22 April 2009.
.
2
After sub-paragraph (5) of paragraph 10 insert —
5A
That amount is a protected pension input amount to the extent that it is attributable to contributions paid —
a
on a quarterly or more frequent basis without any failure to pay contributions on or after the joining date on more than an insignificant number of occasions, and
b
at a rate which has not increased during the period beginning with the joining date and ending with the relevant end date otherwise than in accordance with the agreement referred to in sub-paragraph (4)(b).
5B
To the extent that the amount arrived at under paragraph 3(2) in relation to the arrangement is attributable to contributions other than relevant additional voluntary contributions it is a protected pension input amount to the extent specified in sub-paragraph (5C) if —
a
the arrangement was made no later than the end of the period of 3 months beginning with the date on which the individual ceased being an active member of a pension scheme other than that under which it is an arrangement (“the cessation date”),
b
the cessation date was on or after 22 April 2009,
c
the arrangement under that other pension scheme by reference to which the individual was an active member of that pension scheme (“the old arrangement”) was one in the case of which the amount arrived at under paragraph 3(2) in relation to the old arrangement was to any extent a protected pension input amount by virtue of this paragraph,
d
the individual did not make more than one such new arrangement in the period of one month beginning with the cessation date,
e
the individual made the new arrangement for one of the reasons set out in paragraph 8(4E), and
f
the old arrangement has not been re-activated within the meaning of paragraph 13(7) on or after the cessation date.
5C
The amount is a protected pension input amount to the extent that it is attributable to contributions paid under the arrangement which —
a
do not exceed the amount which would have been a protected pension input amount as a result of contributions made under the old arrangement for the accrual period had that arrangement continued during that period,
b
are paid on a quarterly or more frequent basis from the date (“the joining date”) on which the individual became an active member of the pension scheme by reference to the arrangement without any failure to pay contributions payable on or after that date on more than an insignificant number of occasions, and
c
are paid at a rate which is no higher than the rate at which the contributions under the old arrangement were paid and which has not increased during the period from the joining date and ending with the relevant end date.
5D
For the purposes of sub-paragraph (5C) the accrual period has the meaning set out in paragraph 8(4G).
.
7
1
In sub-paragraph (1) of paragraph 11 (protected pension input amounts: other existing money purchase arrangements under other pension schemes) for “This paragraph” substitute “Sub-paragraph (2)”.
2
After sub-paragraph (3) of paragraph 11 insert —
3A
If the individual —
a
has been an active member of a pension scheme by reference to an arrangement (“the old arrangement”) in circumstances in which the amount arrived at under paragraph 3(2) in relation to the arrangement has been to any extent a protected pension input amount by virtue of this paragraph, and
b
no later than the end of the period of 3 months beginning with the date on which the individual ceased being an active member of the pension scheme by reference to the old arrangement, made an arrangement (“the new arrangement”) which is a money purchase arrangement other than a cash balance arrangement under a different pension scheme which is neither an occupational pension scheme nor a public service pension scheme and does not form part of a group personal pension scheme,
the amount arrived at under paragraph 3(2) in relation to the new arrangement is a protected pension input amount to the extent specified in sub-paragraph (3B).
3B
The amount is a protected pension input amount to the extent that it is attributable to contributions paid under the new arrangement which —
a
are paid on a quarterly or more frequent basis from the date (“the joining date”) on which the individual became an active member of the pension scheme by reference to the new arrangement without any failure to pay contributions payable on or after that date on more than an insignificant number of occasions, and
b
are paid at a rate which is no higher than the rate at which contributions under the old arrangement were paid and which has not increased during the period beginning with the joining date and ending with the relevant end date.
3C
Sub-paragraph (3B) does not apply in relation to any contributions made under the new arrangement if —
a
the old arrangement has been re-activated within the meaning of paragraph 13(7) on or after the joining date, or
b
the individual has made more than one new arrangement on or after the joining date.
.
8
After paragraph 13 (protected pension amounts: new and re-activated arrangements) insert —
Protected pension input amounts: contribution paid in accordance with agreement entered into on or before 22 April 2009
13A
The amount arrived at under paragraph 3(2) in relation to an arrangement which relates to an employment of the individual is a protected lump sum input amount if it is attributable to a single contribution which —
a
is paid on or after 22 April 2009, and
b
is paid, in accordance with the terms of a written agreement between the individual and the employer made not later than 22 April 2009, not later than the date specified for payment in the agreement.
.
9
In paragraph 14 (protected pension input amounts: anti-avoidance), for “13” substitute “13A”.
10
In paragraph 16(3) (pre-22 April 2009 pension input amount, money purchase arrangements that are not cash balance arrangements), for “21” substitute “22”.
Amendment of the Special Annual Allowance Charge (Application to Members of Currently-Relieved Non-UK Pension Schemes) Order 2009
11
In the Special Annual Allowance Charge (Application to Members of Currently-Relieved Non-UK Pension Schemes) Order 2009 , in article 9 (modification of paragraph 16(3) of Schedule 35), in the substituted sub-paragraph (3)(a), for “21” substitute “22”.
Frank Roy
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
24th February 2010


text:
Citation and commencement
1
This Order may be cited as The Gosport Borough Council (Ferry Works) Harbour Revision Order 2010 and shall come into force on 8th October 2010.
Interpretation
2
In this Order —
“the authorised works” has the meaning given in article 3(2);
“ the Council ” means the Council of the Borough of Gosport;
“the deposited plan” and “the deposited section” mean respectively the plan and section comprising a single sheet prepared in duplicate, signed by the Head of Ports Division in the Department for Transport and marked “Plan and section referred to in The Gosport Borough Council (Ferry Works) Harbour Revision Order 2010” one copy of which is deposited at the Department for Transport’s offices and the other at the principal office of the Council;
“ level of high water ” means the level of mean high-water springs;
“the limits of deviation ” means the limits of deviation shown on the deposited plan;
“ tidal work ” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“ maintain ” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“ Queen’s Harbour Master ” means the person appointed to be Queen’s Harbour Master of the Dockyard Port of Portsmouth under the Dockyard Ports Regulation Act 1865 ;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond.
Power to construct etc. works
3
1
The Council may construct and maintain the authorised works in the lines and situation, within the limits of deviation and in accordance with the levels shown on the deposited plan and deposited section.
2
The authorised works are a landing stage together with access ways, mooring piles and such other works and conveniences as may from time to time be requisite or expedient for the purposes of or in connection with, the construction, maintenance and use of the landing stage.
3
For the purposes of the authorised works, the Council may demolish and remove any existing structure or apparatus within the limits of deviation.
Power to deviate
4
In the construction or maintenance of the authorised works, the Council may deviate laterally from the lines or situations shown on the deposited plan to any extent within the limits of deviation and may deviate vertically from the levels shown on the deposited section to any extent not exceeding 3 metres upwards and to such extent downwards as may be found necessary or convenient.
Tidal works not to be executed without approval of Secretary of State
5
1
Unless its construction has commenced within five years of the coming into force of this Order, no tidal work shall be constructed, reconstructed, extended, enlarged, replaced or relaid except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before that work is begun.
2
If a tidal work is constructed, reconstructed, extended, enlarged, replaced or relaid in contravention of paragraph (1) or of any condition or restriction imposed under that paragraph —
a
the Secretary of State may by notice in writing require the Council at their own expense to remove the tidal work or any part of it and restore the site to its former condition; and, if on the expiration of 30 days from the date when notice is served upon the Council they have failed to take reasonable steps to comply with the requirements of the notice, the Secretary of State may take whatever steps the Secretary of State considers appropriate to achieve the result required by the notice; or
b
if it appears to the Secretary of State urgently necessary to do so, the Secretary of State may remove the tidal work, or part of it, and restore the site to its former condition,
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council.
Amendment of Hampshire Act 1983
6
1
Part VI of the Hampshire Act 1983 (Ferry from Gosport to Portsmouth) is amended as follows.
2
In section 47 (interpretation of Part VI) —
a
in the definition of “the landing stage” leave out “the floating landing stage (Work No. 3) and the bridge (Work No. 4)” and “respectively” and insert at the end “and the works authorised by the Order of 2010”;
b
after that definition insert the following definition —
“the Order of 2010 ” means the Gosport Borough Council (Ferry Works) Harbour Revision Order 2010.
.
3
In subsection (2) of section 48 (management of ferry works and lands, etc.) after “specified” insert “in the Order of 2010 and”.
Saving for Trinity House and Queen’s Harbour Master
7
Nothing in this Order shall prejudice or derogate from any of the powers, rights or privileges, or the jurisdiction or authority of, Trinity House or the Queen’s Harbour Master whether conferred by or under any other enactment or otherwise.
Saving for Crown rights
8
1
Nothing in this Order affects prejudicially any estate, interest, right, power, privilege, authority or exemption of the Crown and, in particular, nothing in this Order shall authorise the Council to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any part of the shore or bed of the sea or of any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) may be given unconditionally, or subject to such conditions and upon such terms as may be considered necessary or appropriate.
Signed by authority of the Secretary of State for Transport
R C Bennett
Head of Ports Division
Department for Transport
30th September 2010


text:
Citation, commencement and transitional provision
1
1
This Order may be cited as the Asylum (First List of Safe Countries) (Amendment) Order 2010.
2
This Order shall come into force the day after the day on which it is made.
3
The amendment made by article 2 —
a
applies in relation to asylum and human rights claims made before the commencement of this Order (as well as those made after), but
b
does not apply in relation to an asylum or human rights claim if, before the commencement of this Order, a decision is made to refuse the claimant leave to enter the United Kingdom or to remove the claimant from the United Kingdom.
First List States
2
In paragraph 2 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (first list of safe countries) —
a
in paragraph (y) after “Spain,” delete “and”; and
b
after paragraph (z) insert “(z1) Switzerland”.
Damian Green
Minister of State
Home Office
19th November 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Motor Vehicles (Off Road Events) (Amendment) (England) Regulations 2010 and shall come into force on 24th April 2010.
2
In these Regulations “the 1995 Regulations ” means the Motor Vehicles (Off Road Events) Regulations 1995 .
Application
2
1
Subject to paragraph (2), these Regulations apply in relation to events taking place wholly or partly in England in respect of which an application for authorisation is made under the 1995 Regulations on or after the coming into force of these Regulations.
2
Where an event takes place partly in England and partly elsewhere, these Regulations apply only to the part taking place in England.
Amendment of the 1995 Regulations
3
The 1995 Regulations are amended in accordance with regulations 4 and 5.
Authorising Bodies
4
In regulation 3 —
a
for “Association of Rover Clubs Limited” substitute “Association of Land Rover Clubs Limited”;
b
for “the Auto-Cycle Union” substitute “Auto-Cycle Union Limited”; and
c
for “the Royal Automobile Club” substitute “the Royal Automobile Club Motor Sports Association Limited”.
Fees
5
In regulation 5 after paragraph (2) insert —
3
Any fee determined by an authorising body must not exceed a reasonable amount.
4
An authorising body must publish, in such manner as it considers appropriate for informing persons likely to be affected, the levels of any fees which it has determined in accordance with paragraph (1) as they apply from time to time.
5
An authorising body may not increase any fee unless details of the increase are published in accordance with paragraph (4) not less than three months before the date on which the increase takes effect.
.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
24th March 2010


text:
Citation and commencement
1
This Order may be cited as the Ryde Pier Harbour Revision Order 2010 and comes into force on 10th August 2010.
Interpretation
2
In this Order –
“the Act of 1847 ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“the Act of 1877 ” means the South-Western and Brighton Railway Companies (Isle of Wight and Ryde Pier Railway) Act 1877 ;
“the existing pier enactments” means the Act of 1877 and the Sealink (Transfer of Ryde Pier) Harbour Revision Order 1991
“the pier” means that part of the pier at Ryde Harbour in the Isle of Wight which was transferred to the Company by the Sealink (Transfer of Ryde Pier) Harbour Revision Order 1991(d) and includes any reconstruction of it carried out from time to time by or on behalf of the Company; and
“the Company” means Wightlink Limited
Byelaws
3
1
In addition to the power to make byelaws conferred on the Company by section 83 of the Act of 1847, as incorporated with the Act of 1877, the Company may make byelaws for the good rule and government of the pier.
2
Byelaws made under this article, or under the existing pier enactments, may be expressed to be applicable to all or any part of the pier.
3
Section 236(3) to (8), section 237 and section 238 of the Local Government Act 1972 are to apply to all byelaws made by the Company, whether made under this article or under the existing pier enactments.
4
In its application to byelaws made by the Company under this article or under the existing pier enactments, section 236(7) of the Local Government Act 1972 is, subject to paragraph (6), to be construed as if it had been amended by the insertion of the words “with or without modifications” after the word “confirm” in the second place where that word occurs.
5
The confirming authority for the purposes of this article and of section 236 of the Local Government Act 1972 in its application to byelaws made by the Company is the Secretary of State.
6
The Secretary of State, if proposing to make a modification and thinking that modification to be substantial –
a
must inform the Company and require it to take any steps the Secretary of State thinks necessary for informing persons likely to be concerned by that modification; and
b
must not confirm the byelaws until there has elapsed such a period as the Secretary of State thinks reasonable for the Company and other persons who have been informed of the proposed modification to consider and comment upon it.
7
Byelaws made by the Company under this article, or under the existing pier enactments, may contain provisions imposing upon a person offending against any such byelaw a fine on summary conviction not exceeding level 3 on the standard scale.
8
Byelaws made under this article, or under the existing pier enactments, may provide that, in proceedings for an offence against such a byelaw, it is a defence for the person charged to prove that that person took all reasonable precaution and exercised due diligence to avoid the commission of the offence.
Crown Rights
4
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown, and in particular and without prejudice to the generality of the foregoing nothing in this Order authorises the Company or any lessee or licensee of the Company to take, use, enter upon or in any manner interfere with any land or interest in land or any rights of whatsoever description (including any portion of the shore or bed of the sea) –
a
belonging to Her Majesty in right of the Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that department.
2
A consent under paragraph (1) may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary or appropriate.
Saving for Isle of Wight Council
5
Nothing in this Order prejudices or derogates from any functions of the Isle of Wight Council.
Saving for Trinity House
6
Nothing in this Order prejudices or derogates from any of the rights or privileges or the jurisdiction or authority of the Corporation of Trinity House of Deptford Strond.
Signed by authority of the Secretary of State for Transport
R C Bennett
Head of Ports Division
Department for Transport
20th July 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use (Prescribing by EEA Practitioners) (Amendment) (No. 2) Regulations 2010 and shall come into force on 20th December 2010.
2
In these Regulations “the principal Regulations ” means the Medicines for Human Use (Prescribing by EEA Practitioners) Regulations 2008 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1 of the principal Regulations (citation, commencement and interpretation), for the definition of “controlled drug” in paragraph 2, substitute the following —
“controlled drug” means any substance or product for the time being specified in Schedule 1, 2 or 3 to the Misuse of Drugs Regulations 2001 or in Schedule 1, 2 or 3 to the Misuse of Drugs Regulations (Northern Ireland) 2002 ;
.
Amendment of regulation 7 of the principal Regulations
3
In regulation 7 of the principal Regulations (exemption in case of emergency sale or supply), in paragraph (1), for “paragraphs (2)(d) and (5)” substitute “paragraph (5)”.
Signed by the authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
17th November 2010


text:
Citation and commencement
1
These Regulations may be cited as the Childcare (Fees) (Amendment) Regulations 2010 and come into force on 1st September 2010.
Amendments to the Childcare (Fees) Regulations 2008
2
1
The Childcare (Fees) Regulations 2008 are amended as follows.
2
In Regulation 3, for “£30” substitute “£35”.
3
In Regulation 4 —
a
in sub-paragraph (a), for “£30” substitute “£35”;
b
in sub-paragraph (b), for “£200” substitute “£220”.
4
In Regulation 9(2), for “£30” substitute “£35”.
5
In Regulation 10 —
a
in paragraph (2), for “£30” substitute “£35”;
b
in paragraph (3), for “£200” substitute “£220”; and
c
in paragraph (7) —
i
for “2010” substitute “2011”; and
ii
for sub-paragraph (a) substitute —
a
paragraph (2) is to have effect as if in that provision —
i
in sub-paragraph (a), the reference to 3 hours was a reference to 4 hours; and
ii
the reference to £35 was a reference to £50; and
.
Dawn Primarolo
Minister of State
Department for Children, Schools and Families
11th February 2010


text:
Citation and commencement
1
These Regulations may be cited as the Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010 and come into force on the day after the day on which they are made.
Circumstances in which a responsible person must not permit another to engage in a controlled activity in England relating to children
2
1
This regulation applies only in relation to controlled activity in England.
2
A responsible person (“ RP ”) may only permit another (“ A ”) to engage in a controlled activity relating to children in the circumstances specified in paragraph (3) or the circumstances specified in paragraph (4).
3
The circumstances in this paragraph are that —
a
the Secretary of State has issued to A under section 113B of the Police Act 1997 either —
i
an enhanced criminal record certificate which includes suitability information relating to children (within the meaning of section 113BA of that Act ), or
ii
a notification that A is —
aa
not barred from regulated activity relating to children ,
bb
not included in the list kept under section 1 of the Protection of Children Act 1999 , and
cc
not subject to a direction made under section 142 of the Education Act 2002 ;
b
the certificate or notification was issued within the period of 90 days ending on the date on which RP permits A to engage in a controlled activity relating to children; and
c
RP received a copy of that certificate or notification before permitting A to engage in a controlled activity relating to children.
4
The circumstances in this paragraph are that RP is satisfied, before permitting A to engage in controlled activity relating to children, that A is —
a
not barred from regulated activity relating to children,
b
not included in the list kept under section 1 of the Protection of Children Act 1999, and
c
not subject to a direction made under section 142 of the Education Act 2002.
5
Paragraph (2) does not apply in relation to any continuous period in which A is permitted by RP to engage in a controlled activity relating to children if —
a
the permission was given before these Regulations came into force, and
b
the permission continues to have effect after these Regulations came into force.
Circumstances in which a responsible person must not permit another to engage in controlled activity in England relating to vulnerable adults
3
1
This regulation applies only in relation to controlled activity in England.
2
A responsible person (“RP”) may only permit another (“A”) to engage in a controlled activity relating to vulnerable adults in the circumstances specified in paragraph (3) or the circumstances specified in paragraph (4).
3
The circumstances in this paragraph are that —
a
the Secretary of State has issued to A under section 113B of the Police Act 1997 either —
i
an enhanced criminal record certificate which includes suitability information relating to vulnerable adults (within the meaning of section 113BB of that Act ), or
ii
a notification that A is —
aa
not barred from regulated activity relating to vulnerable adults , and
bb
not included in the list kept under section 81 of the Care Standards Act 2000 ;
b
the certificate or notification was issued within the period of 90 days ending on the date on which RP permits A to engage in a controlled activity relating to vulnerable adults; and
c
RP received a copy of that certificate or notification before permitting A to engage in a controlled activity relating to vulnerable adults.
4
The circumstances in this paragraph are that RP is satisfied, before permitting A to engage in controlled activity relating to vulnerable adults, that A is —
a
not barred from regulated activity relating to vulnerable adults, and
b
not included in the list kept under section 81 of the Care Standards Act 2000.
5
Paragraph (2) does not apply in relation to any continuous period in which A is permitted by RP to engage in a controlled activity relating to vulnerable adults if —
a
the permission was given before these Regulations came into force, and
b
the permission continues to have effect after these Regulations came into force.
Modification of section 113A of the Police Act 1997
4
1
Section 113A(1) of the Police Act 1997 does not apply if the exempted question referred to in section 113A(2)(b) relates to the assessment of the suitability of a person for any work which is a controlled activity relating to children or a controlled activity relating to vulnerable adults.
2
After section 113A(9) of the Police Act 1997, insert —
10
This section is subject to regulation 4 of the Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010.
.
Modification of section 113B of the Police Act 1997: assessment of suitability for work which is a controlled activity relating to children
5
1
If —
a
the Secretary of State would, apart from this regulation, be required to issue to an individual an enhanced criminal record certificate within the meaning of section 113B(1) of the Police Act 1997, and
b
paragraph (2) applies,
the Secretary of State must issue to the individual a notification instead of a certificate.
2
This paragraph applies if —
a
the only prescribed purpose for which the registered person states that the certificate is required is the assessment of the suitability of a person for any work which is a controlled activity relating to children; and
b
the individual is —
i
not barred from regulated activity relating to children,
ii
not included in the list kept under section 1 of the Protection of Children Act 1999, and
iii
not subject to a direction made under section 142 of the Education Act 2002.
3
But paragraph (2) does not apply if the controlled activity is work in a further education institution within the meaning of section 140(3) of the Education Act 2002 where the normal duties of that work involve regular contact with persons aged under 18.
4
The notification must state that the individual is —
a
not barred from regulated activity relating to children,
b
not included in the list kept under section 1 of the Protection of Children Act 1999, and
c
not subject to a direction made under section 142 of the Education Act 2002.
5
The Secretary of State must send a copy of the notification to whoever acted as the registered person in relation to the application for the certificate.
Modification of section 113B of the Police Act 1997: assessment of suitability for work which is a controlled activity relating to vulnerable adults
6
1
If —
a
the Secretary of State would, apart from this regulation, be required to issue to an individual an enhanced criminal record certificate within the meaning of section 113B(1) of the Police Act 1997, and
b
paragraph (2) applies,
the Secretary of State must issue to the individual a notification instead of a certificate.
2
This paragraph applies if —
a
the only prescribed purpose for which the registered person states that the certificate is required is the assessment of the suitability of a person for any work which is a controlled activity relating to vulnerable adults; and
b
the individual is —
i
not barred from regulated activity relating to vulnerable adults, and
ii
not included in the list kept under section 81 of the Care Standards Act 2000.
3
The notification must state that the individual is —
a
not barred from regulated activity relating to vulnerable adults, and
b
not included in the list kept under section 81 of the Care Standards Act 2000.
4
The Secretary of State must send a copy of the notification to whoever acted as the registered person in relation to the application for the certificate.
Modification of section 113B of the Police Act 1997: assessment of suitability for work which is a controlled activity relating to children and for work which is a controlled activity relating to vulnerable adults
7
1
If —
a
the Secretary of State would, apart from this regulation, be required to issue to an individual an enhanced criminal record certificate within the meaning of section 113B(1) of the Police Act 1997, and
b
paragraphs (2), (4) and (5) apply,
the Secretary of State must issue to the individual a notification instead of a certificate.
2
This paragraph applies if the prescribed purposes for which the registered person states that the certificate is required are the assessment of the suitability of a person for any work which is a controlled activity relating to children and the assessment of the suitability of a person for any work which is a controlled activity relating to vulnerable adults.
3
But paragraph (2) does not apply if the controlled activity is work in a further education institution within the meaning of section 140(3) of the Education Act 2002 where the normal duties of that work involve regular contact with persons aged under 18.
4
This paragraph applies if the individual is —
a
not barred from regulated activity relating to children,
b
not included in the list kept under section 1 of the Protection of Children Act 1999, and
c
not subject to a direction made under section 142 of the Education Act 2002.
5
This paragraph applies if the individual is —
a
not barred from regulated activity relating to vulnerable adults, and
b
not included in the list kept under section 81 of the Care Standards Act 2000.
6
The notification must state that the individual is —
a
not barred from regulated activity relating to children,
b
not included in the list kept under section 1 of the Protection of Children Act 1999,
c
not subject to a direction made under section 142 of the Education Act 2002,
d
not barred from regulated activity relating to vulnerable adults, and
e
not included in the list kept under section 81 of the Care Standards Act 2000.
7
The Secretary of State must send a copy of the notification to whoever acted as the registered person in relation to the application for the certificate.
8
If paragraphs (2) and (4) apply but paragraph (5) does not apply, the information referred to in section 113B(4), (5) and (6)(b) must relate only to the assessment of the suitability of the person for any work which is a controlled activity relating to vulnerable adults.
9
If paragraphs (2) and (5) apply but paragraph (4) does not apply, the information referred to in section 113B(4), (5) and (6)(b) must relate only to the assessment of the suitability of the person for any work which is a controlled activity relating to children.
Further modification of section 113B of the Police Act 1997
8
After section 113B(12) of the Police Act 1997, insert —
13
This section is subject to regulations 5, 6 and 7 of the Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010.
.
Amendment of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009
9
1
The Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009 are amended as follows.
2
In regulation 1 —
a
for paragraphs (6) and (7), substitute —
6
In regulations 3 to 6 —
a
a reference to an offence, A, specified in the Schedule includes a reference to an offence, B, which in relation to offence A is a connected offence, and
b
a reference to being convicted of an offence specified in the Schedule includes a reference to being convicted of —
i
an Islands offence, or
ii
a relevant foreign offence.
7
In paragraph (6)(b), an Islands offence is an offence satisfying the criteria in paragraph (7A) and a relevant foreign offence is an offence satisfying the criteria in paragraph (8).
7A
The criteria are that —
a
the offence is one under the law in force in the Isle of Man or any of the Channel Islands;
b
the conduct which constitutes the offence would, if carried out in England and Wales, amount to an equivalent offence which is specified in the Schedule; and
c
where the equivalent offence is one specified in paragraph 1(a) to (c), (e) or (g)(i), 2(b)(ii) to (v), (c), (d)(ii), (e), (g) or (i)(i) or 4(b)(ii) to (vii), (c), (d)(ii), (e), (g) or (i)(i) of the Schedule, the offence was committed in relevant circumstances relating to the equivalent offence.
; and
b
after paragraph (8), insert —
8A
For the purposes of paragraph (7A), an act punishable under the law in force in the Isle of Man or any of the Channel Islands constitutes an offence under that law however it is described in that law.
.
3
In paragraph 2 of the Schedule , in Part 2 of the table omit —
a
“Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968, section 9”, and
b
“Sexual Offences (Scotland) Act 1976, section 3”.
4
In paragraph 4 of the Schedule , in Part 1 of the table —
a
at the appropriate places in the first column, insert —
i
“Sexual Offences Act 2003 , section 66”,
ii
“Sexual Offences Act 2003, section 67”,
iii
“Sexual Offences (Northern Ireland) Order 2008 , Article 70”, and
iv
“Sexual Offences (Northern Ireland) Order 2008, Article 71”;
b
in the second column, at places that correspond with each of the entries mentioned in subparagraph (a), insert “The offence was committed against a child under the age of 16”;
c
in the first column, omit —
i
“Sexual Offences Act 1956, section 1”, and
ii
“Sexual Offences Act 2003, section 1”; and
d
in the second column, omit the entries that correspond with the entries mentioned in subparagraph (c).
5
In paragraph 4 of the Schedule, in Part 2 of the table —
a
omit —
i
“Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968, section 9”,
ii
“Sexual Offences Act 2003, section 66”,
iii
“Sexual Offences Act 2003, section 67”,
iv
“Sexual Offences (Northern Ireland) Order 2008, Article 70”, and
v
“Sexual Offences (Northern Ireland) Order 2008, Article 71”; and
b
at the appropriate places in the first column insert —
i
“Sexual Offences Act 1956, section 1 ”, and
ii
“Sexual Offences Act 2003, section 1”.
6
Article 24(3)(b) of the Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous Provisions and Commencement No. 5) Order 2009 is revoked.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
30th March 2010


text:
Title, commencement, application and interpretation
1
1
This Order —
a
may be cited as the Licensable Means of Fishing Order 2010;
b
comes into force on 1st January 2011;
c
applies in relation to England and Wales;
d
does not apply to any part of the River Esk lying upstream of a line drawn from a point at Ordnance Survey Grid Reference NY 3245 6632 on the western bank of the River Sark in a southerly direction to a point at Ordnance Survey Grid Reference NY 3245 6503 on the coast of Cumbria.
2
In paragraph (1) “Wales” has the meaning given in section 158 of the Government of Wales Act 2006 .
Licensable means of fishing
2
The instruments specified in the right hand column of the table in the Schedule are licensable means of fishing for the species of fish specified in the left hand column of that table.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
6th December 2010
Elin Jones
Minister for Rural Affairs, one of the Welsh Ministers
2nd December 2010


text:
Title and commencement
1
These Regulations may be cited as the Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 and come into force on 1st April 2010.
Amendments to the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007
2
The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 are amended as follows.
Amendments to regulation 2
3
In regulation 2 (interpretation) —
a
for paragraph (1)(a)(ii), substitute —
ii
“the Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds ; and
; and
b
in paragraph (2) —
i
after the definition of “competent authority”, insert —
“competent authority in Scotland” means a competent authority whose functions are exercisable solely in or as regards Scotland or the Scottish offshore region;
;
ii
after the definition of “functions”, insert —
“installation abandonment measures” means any measures taken in connection with the abandonment of —
an offshore installation within the meaning of Part 4 of the Petroleum Act 1998 , or submarine pipeline within the meaning of that Part, or
a carbon storage installation, within the meaning of section 30 of the Energy Act 2008 ,
whether or not the measures are taken in pursuance of an abandonment programme, and for this purpose “an abandonment programme” means —
an abandonment programme under Part 4 of the Petroleum Act 1998;
an abandonment programme under that Part, as it applies by virtue of section 30 of the Energy Act 2008;
;
iii
after the definition of “Scotland”, insert —
“Scottish inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Scotland;
“Scottish offshore region” means so much of the offshore marine area as lies outside the Scottish inshore region and consists of —
areas of sea which lie within the Scottish zone,
areas of sea which lie outside the Scottish zone but which are nearer to any point on the baselines from which the breadth of the territorial sea adjacent to Scotland is measured than to any point on the baselines in any other part of the United Kingdom, and
any part of the seabed and subsoil subjacent to those areas of sea;
“Scottish zone” has the same meaning as in the Scotland Act 1998 ;
;
iv
after the definition of “ship”, insert —
“territorial sea” means the territorial sea of the United Kingdom;
; and
v
for the definition of “wildlife officer”, substitute —
“wildlife officer” means a person authorised by —
the Secretary of State or the Scottish Ministers under regulation 52(1);
a competent authority under regulation 52(2); or
a competent authority in Scotland under regulation 52(2A);
.
Amendment to regulation 6
4
In regulation 6(2) (duty of competent authorities), for sub-paragraphs (m) and (n) substitute —
m
the Offshore Installations (Emergency Pollution Control) Regulations 2002 ;
n
the Planning Act 2008 ;
o
the Marine and Coastal Access Act 2009 ; and
p
these Regulations.
.
Amendments to regulation 7
5
In regulation 7 (list of sites eligible for identification as of Community importance) —
a
after paragraph (1) insert —
1A
The Scottish Ministers must transmit to the Secretary of State a list of those sites in the Scottish offshore region which they regard as eligible for selection as sites of Community importance.
;
b
after paragraph (2) insert —
2A
The Scottish Ministers must select the sites to be included in the list under paragraph (1A) only on the basis of the criteria set out in Annex III (Stage 1) to the Habitats Directive and relevant scientific information.
;
c
in paragraph (3), after “paragraph (1)” insert “or (1A)”;
d
after paragraph (4), insert —
4A
In respect of an aquatic species which ranges over wide areas, a site is only eligible to be selected under paragraph (2A) if it appears to the Scottish Ministers to constitute a clearly identifiable area which is distinct in providing the physical and biological features essential to that species for life and reproduction.
; and
e
in paragraph (5), for “list transmitted to the Commission under paragraph (1)” substitute “list transmitted to the Secretary of State under paragraph (1A) and the list transmitted to the Commission under paragraph (1)”.
Amendments to regulation 8
6
In regulation 8 (notification of a proposal for a site of Community importance) —
a
after paragraph (1), insert —
1A
Paragraph (1) does not apply in relation to any site which the Scottish Ministers have included in the list transmitted by them under regulation 7(1A).
1B
If the Scottish Ministers propose to include a site in the list to be transmitted by them under regulation 7(1A), the Scottish Ministers must give to the Joint Nature Conservation Committee —
a
notice of that proposal; and
b
an accompanying statement of their reasons for that proposal.
1C
But the Scottish Ministers may not give notice of a proposal to the Committee as described in paragraph (1B) unless the Secretary of State has agreed to that proposal.
;
b
for paragraph (2) substitute —
2
Where, under paragraph (1) or (1B), the Joint Nature Conservation Committee is given notice of a proposal, the Committee must give notice of that proposal and provide a copy of the accompanying statement of reasons for that proposal to the following —
a
each of the devolved administrations;
b
any of the following who in its opinion ought to be notified —
i
competent authorities which exercise functions in relation to the site;
ii
competent authorities which exercise functions in relation to a marine area adjacent to the site; and
iii
persons whose activities are likely to be affected by the inclusion of the site in the list;
c
such other persons as in its opinion ought to be notified;
d
such other persons as the Secretary of State directs;
e
where the Scottish Ministers have given notice under paragraph (1B) —
i
the Secretary of State; and
ii
such other persons as the Scottish Ministers direct.
;
c
in paragraphs (4) and (5), for “Secretary of State” substitute “the relevant administration”;
d
after paragraph (6), insert —
6A
The Scottish Ministers may issue guidance to the Joint Nature Conservation Committee for the purposes of its functions under this regulation in relation to a proposal under paragraph (1B), and the Committee must have regard to that guidance in discharging any of those functions.
;
e
in paragraph (7), at the end insert “, and the Scottish Ministers may vary or revoke a direction under paragraph (2)(e)(ii)”; and
f
after paragraph (7), add —
8
In this regulation —
“the relevant administration” means —
in relation to a report concerning a proposal under paragraph (1), the Secretary of State; and
in relation to a report concerning a proposal under paragraph (1B), the Scottish Ministers.
.
Amendments to regulation 9
7
In regulation 9 (modification of list of sites) —
a
after paragraph (1), insert —
1A
Where the Scottish Ministers consider it appropriate, in the light of the results of the surveillance referred to in Article 11 of the Habitats Directive or otherwise, they must propose to the Secretary of State modifications of the list of sites in the Scottish offshore region which has been transmitted to the Commission under regulation 7(1).
;
b
after paragraph (2), insert —
2A
Paragraph (2) does not apply in relation to any modification which has been proposed by the Scottish Ministers under paragraph (1A).
2B
Before the Scottish Ministers propose a modification under paragraph (1A), the Scottish Ministers must, if they consider it appropriate, give to the Joint Nature Conservation Committee —
a
notice of their intention to propose that modification; and
b
an accompanying statement of their reasons for intending to propose it.
2C
But the Scottish Ministers may not give notice of their intention to propose a modification to the Committee as described in paragraph (2B) unless the Secretary of State has agreed to that proposal.
;
c
for paragraph 3, substitute —
3
Where the Joint Nature Conservation Committee is given notice under paragraph (2) or (2B), the Committee must give notice of the proposed modification and provide a copy of the accompanying statement of reasons for it to the following —
a
each of the devolved administrations;
b
any of the following who in its opinion ought to be notified —
i
competent authorities which exercise functions in relation to the site which is the subject of the modification;
ii
competent authorities which exercise functions in relation to a marine area adjacent to the site; and
iii
persons whose activities are likely to be affected by the inclusion of the site in the list;
c
such other persons as in its opinion ought to be notified;
d
such other persons as the Secretary of State directs;
e
where the Scottish Ministers have given notice under paragraph (2B) —
i
the Secretary of State; and
ii
such other persons as the Scottish Ministers direct.
;
d
in paragraphs (5) and (6), for “Secretary of State” substitute “the relevant administration”;
e
in paragraph (8), at the end insert “, and the Scottish Ministers may vary or revoke a direction under paragraph (3)(e)(ii)”; and
f
after paragraph (8), add —
9
In this regulation —
“the relevant administration” means —
in relation to a report concerning a proposal under paragraph (2), the Secretary of State; and
in relation to a report concerning a proposal under paragraph (2B), the Scottish Ministers.
.
Amendments to regulation 11
8
In regulation 11 (designation of special areas of conservation) —
a
in paragraph (1), for “the Secretary of State” substitute “the relevant administration”;
b
in paragraph (2), for “The Secretary of State must establish priorities for any site which he designates under paragraph (1)” substitute “The relevant administration must establish priorities for any site which it designates under paragraph (1)”; and
c
after paragraph (2), add —
3
In this regulation —
“the relevant administration” means —
in relation to a site within the Scottish offshore region, the Scottish Ministers; and
in any other case, the Secretary of State.
.
Amendments to regulation 12
9
In regulation 12 (classification of sites as special protection areas) —
a
in paragraph (4), after “paragraph (1)”, insert “or under regulation 12A”;
b
after paragraph (6), add —
7
Nothing in this regulation requires the Secretary of State to classify as, or as part of, a special protection area any site which is or forms part of a site classified as a special protection area by the Scottish Ministers under regulation 12A.
.
Classification of sites in the Scottish offshore region as special protection areas
10
After regulation 12 (classification of sites as special protection areas), insert —
Classification of sites in the Scottish offshore region as special protection areas
12A
1
The Scottish Ministers must classify as special protection areas such sites in the Scottish offshore region as they consider necessary to ensure that the objective specified in paragraph (2) is attained.
2
The objective referred to in paragraph (1) is that those sites across the United Kingdom’s territory which are most suitable in number and size for —
a
the conservation of the species listed in Annex I to the Wild Birds Directive which naturally occur in that territory, and
b
the conservation of regularly occurring migratory species of birds not listed in Annex I which naturally occur in that territory,
are classified as special protection areas, in so far as they consist of sites in the Scottish offshore region.
3
The Scottish Ministers must make their decision as to the sites to be classified under paragraph (1) only on the basis of relevant scientific information and —
a
in the case of a site to be classified for the purpose mentioned in paragraph (2)(a), on the basis of the criteria set out in Article 4(1) of the Wild Birds Directive; and
b
in the case of a site to be classified for the purpose mentioned in paragraph (2)(b), on the basis of the criteria set out in Article 4(2) of the Wild Birds Directive.
4
But the Scottish Ministers may only classify a site as a special protected area under paragraph (1) if the Secretary of State has agreed that they so classify the site.
5
Where a site is classified under paragraph (1), the Scottish Minsters must provide information on that site to the Secretary of State including —
a
a chart of the site;
b
its name, location and extent; and
c
the data resulting from application of the criteria set out in Article 4(1) or Article 4(2) of the Wild Birds Directive.
6
The information specified in paragraph (5) must be provided in the format applicable for the purposes of regulation 12(5).
7
In this regulation “the United Kingdom’s territory” means the United Kingdom (including its internal waters), the territorial sea adjacent to the United Kingdom, and the offshore marine area.
.
Amendments to regulation 13
11
In regulation 13 (notification of a proposal to classify a special protection area) —
a
after paragraph (1), insert —
1A
Paragraph (1) does not apply in relation to any site in respect of which the Scottish Ministers have given notice to the Joint Nature Conservation Committee under paragraph (1B).
1B
If the Scottish Ministers propose to classify a site as a special protection area under regulation 12A, the Scottish Ministers must give to the Joint Nature Conservation Committee —
a
notice of that proposal; and
b
an accompanying statement of their reasons for that proposal.
1C
But the Scottish Ministers may not give notice of a proposal to the Committee as described in paragraph (1B) unless the Secretary has agreed to that proposal.
;
b
in paragraph (2) —
i
after “paragraph (1)” insert “or (1B)”;
ii
for “the Secretary of State’s statement of his reasons” substitute “the accompanying statement of reasons”;
iii
in sub-paragraph (c), omit “and”;
iv
for sub-paragraph (d), substitute —
d
such other persons as the Secretary of State directs; and
e
where the Scottish Ministers have given notice under paragraph (1B) —
i
the Secretary of State; and
ii
such other persons as the Scottish Ministers direct.
;
c
in paragraphs (4) and (5), for “Secretary of State” substitute “the relevant administration”;
d
after paragraph (6), insert —
6A
The Scottish Ministers may issue guidance to the Joint Nature Conservation Committee for the purposes of its functions under this regulation in relation to site proposals under paragraph (1B), and the Committee must have regard to that guidance in discharging any of those functions.
;
e
in paragraph (7), at the end insert “, and the Scottish Ministers may vary or revoke a direction under paragraph (2)(e)(ii)”; and
f
after paragraph (7), add —
8
In this regulation —
“the relevant administration” means —
in relation to a report concerning a site proposal under paragraph (1), the Secretary of State; and
in relation to a report concerning a site proposal under paragraph (1B), the Scottish Ministers.
.
Amendment to regulation 14
12
In regulation 14 (hearings) —
a
in paragraph (1)(a), for “regulation (7)” substitute “regulation (7)(1)”; and
b
after paragraph (3) add —
4
Where the Secretary of State proposes to exercise any function under this regulation in relation to any matter in relation to which functions are exercisable by the Scottish Ministers under regulation 14A, the Secretary of State must consult the Scottish Ministers.
.
Hearings conducted by persons appointed by the Scottish Ministers
13
After regulation 14 insert —
Hearings conducted by the Scottish Ministers
14A
1
The Scottish Ministers may give any person the opportunity of appearing before and being heard by, or of providing written representations to, a person appointed by the Scottish Ministers —
a
for the purpose of deciding whether to include a site in the list to be transmitted under regulation 7(1A);
b
for the purpose of deciding whether to propose to the Secretary of State a modification under regulation 9(1A) to the list of sites in the Scottish offshore region transmitted under regulation 7(1); or
c
for the purpose of deciding whether to classify a site as a special protection area under regulation 12A.
2
Any person given the opportunity under paragraph (1) of appearing before and being heard by a person appointed by the Scottish Ministers may —
a
be represented by another person;
b
call persons to give evidence; and
c
put questions to any person who gives evidence at the hearing, including any person who gives expert evidence.
3
The Scottish Ministers must consider any report of a person appointed by them under paragraph (1).
.
Amendments to regulation 19
14
In regulation 19 (management schemes for European offshore marine sites) —
a
in paragraph (10) —
i
in sub-paragraph (c), delete “and”;
ii
in sub-paragraph (d), at the end, add “; and”; and
iii
after sub-paragraph (d), add —
e
in the case of a management scheme entered into by a competent authority in Scotland in relation to a site in the Scottish offshore region, such other persons as the Scottish Ministers may direct.
; and
b
in paragraph (11), at the end add “, and the Scottish Ministers may amend or revoke a direction under paragraph (10)(e)”.
Co-ordinated management of sites
15
For regulation 21 (co-ordinated management of sites), substitute —
Co-ordinated management of sites
21
1
Where a European offshore marine site, other than any such site in the Scottish offshore region, adjoins a special area of conservation or a special protection area which has been (respectively) designated or classified by another member State, the Secretary of State must consult that State in relation to the co-ordinated management of the site and the area in question.
2
Where a European offshore marine site in the Scottish offshore region adjoins a special area of conservation or a special protection area which has been (respectively) designated or classified by another member State, the Scottish Ministers must, and the Secretary of State may, consult that State in relation to the co-ordinated management of the site and the area in question.
3
Before the Secretary of State consults under paragraph (2) in relation to a site, or a part of a site, in relation to which the Scottish Ministers must consult under that paragraph, the Secretary of State must consult the Scottish Ministers.
.
Amendments to regulations 22 and 23
16
In regulation 22(7), and in regulation 23(12), delete the definition of “competent authority in Scotland”.
Amendments to regulation 26
17
In regulation 26 (considerations of overriding public interest) —
a
after paragraph (4), insert —
4A
Where a competent authority in Scotland other than the Scottish Ministers submits a request to the Secretary of State under paragraph (4), it must notify the Scottish Ministers of that request.
;
b
in paragraphs (7) and (8), after “a European site in Scotland”, insert “or for a European offshore marine site in the Scottish offshore region”;
c
in paragraphs (9) and (10), after “European offshore marine site”, insert “outside the Scottish offshore region”; and
d
in paragraph (15), delete the definition of “competent authority in Scotland”.
Amendments to regulation 27
18
In regulation 27 (review of existing decisions and consents) —
a
in paragraph (5), at the end add “or, in relation to the Scottish offshore region, by the Scottish Ministers”; and
b
after paragraph (7), insert —
7A
The Scottish Ministers may only issue guidance under paragraph (5) —
a
to a competent authority in Scotland; or
b
where guidance is issued to a competent authority other than a competent authority in Scotland, subject to and in accordance with the agreement of the Secretary of State.
.
Amendments to regulation 28
19
In regulation 28 (consideration on review) —
a
after paragraph (5), insert —
5A
The Scottish Ministers may issue guidance to competent authorities in Scotland for the purposes of paragraphs (3) and (4) as to the manner of determining which of different ways should be adopted for securing that a plan or project does not adversely affect the integrity of a site, and in particular as to —
a
the order of application of different controls; and
b
the extent to which account should be taken of the possible exercise of other powers.
;
b
after paragraph (6), insert —
6A
A competent authority in Scotland must have regard to any guidance issued by the Scottish Ministers under paragraph (5A) in discharging its functions under paragraph (3) or (4).
; and
c
in paragraph (7), at the end add “, or, in relation to a competent authority in Scotland, the Scottish Ministers”.
Amendment to regulation 29
20
In regulation 29 (co-ordination where more than one competent authority is involved) —
a
after paragraph (3), insert —
3A
The Scottish Ministers may issue guidance to competent authorities in Scotland for the purposes of regulations 25 to 28 as to the circumstances in which a competent authority in Scotland may or should adopt the reasoning or conclusions of another competent authority as to whether a plan or project —
a
is likely to have a significant effect on a European offshore marine site or European site; or
b
may adversely affect the integrity of a European offshore marine site or European site.
; and
b
after paragraph 4, insert —
4A
A competent authority in Scotland must have regard to any guidance issued by the Scottish Ministers under paragraph (3A) in discharging any of its functions under regulations 25 to 28.
.
Amendment to regulation 44
21
In regulation 44 (surveillance of conservation status of habitats and species) —
a
after paragraph (1), insert —
1A
In relation to the Scottish offshore region, the Scottish Ministers must make arrangements in accordance with paragraphs (3) to (5) for the surveillance of the conservation status of natural habitats of Community interest and species of wild flora and fauna of Community interest, and in particular priority natural habitat types and priority species.
1B
Before the Secretary of State makes any arrangements for surveillance in relation to the Scottish offshore region under paragraph (1), the Secretary of State must consult the Scottish Ministers.
;
b
after paragraph (2), insert —
2A
The Scottish Ministers must from time to time —
a
consult the other devolved administrations and the Secretary of State about the arrangements which the Scottish Ministers have made under paragraph (1A);
b
provide the other devolved administrations and the Secretary of State with such information as the Scottish Ministers consider appropriate that has been derived from the surveillance arranged by them under paragraph (1A); and
c
review the arrangements they have made under paragraph (1A) and, if they think it appropriate, revise those arrangements.
;
c
in paragraphs (3)(b), (4) and (5)(b), for “the Secretary of State” substitute “the relevant administration”; and
d
in paragraph (6) —
i
after “paragraphs (3)”, insert “, (4)”;
ii
at the end of sub-paragraph (a), omit the word “and”;
iii
in sub-paragraph (b), after “paragraph (1)” insert “or (1A);”; and
iv
after sub-paragraph (b), insert —
c
“the relevant administration” means —
i
in relation to surveillance under paragraph (1), the Secretary of State;
ii
in relation to surveillance under paragraph (1A), the Scottish Ministers.
.
Amendment to regulation 46
22
In regulation 46 (monitoring incidental capture and killing) —
a
in paragraphs (1), (2), (3)(d), (4) and (5)(c)(i), for “the Secretary of State” substitute “the relevant administration”;
b
in paragraph (2) —
i
in sub-paragraphs (a), (b), and (c), for “he” substitute “it”;
ii
in sub-paragraphs (a) and (b), for “the devolved administrations” substitute “the other administrations”; and
iii
in sub-paragraph (b), for “him” substitute “it”;
c
after paragraph (5), insert —
5A
Before the Secretary of State exercises any functions in relation to a matter in relation to which functions are also exercisable by the Scottish Ministers under this regulation, the Secretary of State must consult the Scottish Ministers.
5B
The obligations of the Secretary of State under this regulation in relation to the Scottish offshore region are to be treated as satisfied in so far as corresponding obligations of the Scottish Ministers have been met by them.
;
d
for paragraph (6), substitute —
6
In this regulation —
a
in paragraphs (3) and (5), “the joint committee” means the Joint Nature Conservation Committee;
b
“the other administrations” means the administrations other than the relevant administration, and for this purpose “the administrations” means the Secretary of State and the devolved administrations; and
c
“the relevant administration” means —
i
in relation to the monitoring of activity taking place in the offshore marine area, the Secretary of State; and
ii
in relation to the monitoring of activity taking place in the Scottish offshore region, the Scottish Ministers;
.
Amendment to regulation 48
23
In regulation 48 —
a
in paragraph (4), after “the Secretary of State”, insert “or, in relation to the Scottish offshore region, by the Scottish Ministers” and
b
after paragraph (4), insert —
4A
The Scottish Ministers may only issue guidance under paragraph (4) with the agreement of the Secretary of State.
.
Amendments to regulation 49
24
In regulation 49 (power to grant licences) —
a
in paragraphs (1) to (14), for “the Secretary of State”, substitute “the relevant administration”;
b
in paragraphs (2), (4), (7), (9), and (12) omit the words “he is”;
c
in paragraph (13), for “unless he has been advised by the Joint Nature Conservation Committee as to the circumstances in which, in its opinion” substitute “unless it has been advised by the Joint Nature Conservation Committee as to the circumstances in which, in the Committee’s opinion”;
d
in paragraph (14), for “he”, substitute “it”; and
e
after paragraph (14), add —
15
In this regulation —
“the relevant administration” means —
in relation to the licensing of anything done —
in any part of the waters comprised in the offshore marine area outside the Scottish offshore region, or
in the course of carrying on any activity specified in paragraph (16) in any part of the offshore marine area,
the Secretary of State; and
in relation to the licensing of anything done in the course of carrying out any activity in the Scottish offshore region, other than one specified in paragraph (16), the Scottish Ministers.
16
The activities referred to in paragraph (15)(a)(ii) are —
a
carrying on any activity for which a licence under section 3 of the Petroleum Act 1998 or section 2 of the Petroleum (Production) Act 1934 (licences to search for and get petroleum) is required;
b
constructing or maintaining a pipeline in respect of any part of which an authorisation (within the meaning of Part 3 of the Petroleum Act 1998 ) is in force;
c
establishing or maintaining an offshore installation (within the meaning of Part 4 of the Petroleum Act 1998);
d
taking any installation abandonment measures;
e
carrying on any activity for which a licence under section 4 or 18 of the Energy Act 2008 is required (gas unloading, storage and recovery, and carbon dioxide storage);
f
any activity other than those specified in paragraphs (a) to (e), relating to a matter which is a reserved matter by virtue of section D2 (oil and gas) in Part 2 of Schedule 5 to the Scotland Act 1998 ;
g
any activity relating to a matter which is a reserved matter by virtue of paragraph 9 of Part 1 of that Schedule (defence); and
h
any activity relating to a matter which is a reserved matter by virtue of section E3 (marine transport) in Part 2 of that Schedule.
17
For the purposes of paragraph (15)(a)(i), a thing is to be treated as done in a part of the waters referred to in paragraph (i) if it is done on any ship in any such part, any British aircraft over any such part, or any aircraft over an offshore marine installation in any such part, or on or under any such offshore marine installation.
.
Amendments to regulation 50
25
In regulation 50 (licences: supplementary provisions) —
a
in paragraph (7), for “Secretary of State”, substitute “the relevant administration”; and
b
after paragraph (7), insert —
8
In paragraph (7), “the relevant administration” is to be construed in accordance with regulation 49(15) and (16).
.
Amendments to regulation 52
26
In regulation 52 (wildlife officers) —
a
in paragraph (1), after “Secretary of State”, insert “or the Scottish Ministers”;
b
in paragraph (2), after “competent authority”, insert “other than a competent authority in Scotland”;
c
after paragraph (2), insert —
2A
A competent authority in Scotland may authorise any person to be a wildlife officer, subject to and in accordance with the agreement of the Scottish Ministers.
;
d
in paragraph (3), for “paragraph (1) or (2)”, substitute “paragraph (1), (2) or (2A)”; and
e
in paragraph (4) —
i
after sub-paragraph (a), insert —
aa
by the Scottish Ministers to any person authorised by them under paragraph (1);
;
ii
in sub-paragraph (b), at the end, for the full stop substitute “; and”; and
iii
after sub-paragraph (b), insert —
c
by a competent authority in Scotland to any person authorised by it under paragraph (2A).
;
f
in paragraph (5) —
i
after “paragraph (2)”, insert “or paragraph (2A)”;
ii
for “the Secretary of State” substitute “the relevant administration”; and
g
after paragraph (5) add —
6
In this regulation, “the relevant administration” means —
a
in relation to an agreement under paragraph (2), the Secretary of State; and
b
in relation to an agreement under paragraph (2A), the Scottish Ministers.
.
Enforcement functions of wildlife officers appointed by the Scottish Ministers and competent authorities in Scotland
27
After regulation 52, insert —
Enforcement functions of wildlife officers appointed by the Scottish Ministers and competent authorities in Scotland
52A
1
A wildlife officer appointed by the Scottish Ministers under regulation 52(1) or by a competent authority in Scotland under regulation 52(2A) —
a
may only exercise any function under regulations 53 to 60 for the purposes of ascertaining whether an offence under these Regulations is being or has been committed in the Scottish offshore region; and
b
in relation to anything done in the course of carrying on an activity falling within paragraph (2), may only exercise any such function subject to and in accordance with the agreement of the Secretary of State.
2
The activities referred to in paragraph (1) are —
a
carrying on any activity for which a licence under section 3 of the Petroleum Act 1998 or section 2 of the Petroleum (Production) Act 1934 (licences to search for and get petroleum) is required;
b
constructing or maintaining a pipeline in respect of any part of which an authorisation (within the meaning of Part 3 of the Petroleum Act 1998) is in force;
c
establishing or maintaining an offshore installation (within the meaning of Part 4 of the Petroleum Act 1998);
d
taking any installation abandonment measures;
e
carrying on any activity for which a licence under section 4 or 18 of the Energy Act 2008 is required (gas unloading, storage and recovery, and carbon dioxide storage);
f
any activity other than those specified in paragraphs (a) to (e), relating to a matter which is a reserved matter by virtue of section D2 (oil and gas) in Part 2 of Schedule 5 to the Scotland Act 1998;
g
any activity relating to a matter which is a reserved matter by virtue of paragraph 9 of Part 1 of that Schedule (defence); and
h
any activity relating to a matter which is a reserved matter by virtue of section E3 (marine transport) in Part 2 of that Schedule.
.
Amendments to regulation 67
28
In regulation 67 (research), after paragraph (3), add —
4
This regulation applies to the Scottish Ministers as it applies to the Secretary of State, but as if, in paragraphs (1) and (2), the reference to the offshore marine area were to the Scottish offshore region.
5
Before the Secretary of State takes any steps in relation to the Scottish offshore region under this regulation, the Secretary of State must consult the Scottish Ministers.
.
Amendments to regulation 69
29
In regulation 69 (re-introduction of species) —
a
in paragraphs (1), (3) and (4), for “the Secretary of State”, substitute “the relevant administration”;
b
in paragraph (1) (in both places where it occurs) and paragraph (3)(b), for “he”, substitute “the relevant administration”;
c
after paragraph (6), add —
7
Before the Secretary of State exercises any functions in relation to the waters comprised in the Scottish offshore region under this regulation, the Secretary of State must consult the Scottish Ministers.
8
In this regulation, “the relevant administration” means —
a
in relation to the re-introduction of species in any part of the waters comprised in the offshore marine area, the Secretary of State;
b
in relation to the re-introduction of species in any part of the waters comprised in the Scottish offshore region, the Scottish Ministers.
.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
1st March 2010


text:
Citation and Commencement
1
These Regulations may be cited as the Further Education (Principals’ Qualifications) (England) (Revocation) Regulations 2010 and shall come into force on 1st November 2010.
Revocation
2
The Further Education (Principals’ Qualifications) (England) Regulations 2007 , the Further Education (Principals’ Qualifications) (England) (Amendment) Regulations 2009 , and the Further Education (Principals’ Qualifications) (England) (Amendment) (No 2) Regulations 2009 are revoked.
John Hayes
Minister of State for Further Education, Skills and Lifelong Learning
Department for Business, Innovation and Skills
14th September 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Day and School Year) (England) (Amendment) Regulations 2010 and come into force on 1st April 2010.
2
These Regulations apply only in relation to England.
Amendment of Regulations
2
1
These Regulations amend the Education (School Day and School Year) (England) Regulations 1999 as follows.
2
At the end of regulation 3, insert the following paragraph —
6
In relation to the 2011-2012 school year, the reference in paragraph (2) to 380 sessions is to be taken as a reference to 378 sessions.
.
3
For regulation 4, substitute the following regulation —
4
1
Where a school session in the 2010–2011 school year is devoted wholly or mainly to the provision to teachers employed at that school of training to which this paragraph applies, that session shall be regarded for the purposes of regulation 3 as a session on which that school has met.
2
Paragraph (1) does not have effect in relation to more than two school sessions.
3
Paragraph (1) applies to the training of teachers who teach pupils in the first or second key stages (as defined in section 82 of the Education Act 2002 ).
.
Revocation of Regulations
3
The Education (School Day and School Year) (England) (Amendment) Regulations 2007 are revoked.
Vernon Coaker
Minister of State
Department for Children, Schools and Families
3rd March 2010