text:
Citation and commencement
1
These Regulations may be cited as the Dairy (Specific Market Support Measure) Regulations 2010; they come into force on 21st April 2010.
Interpretation
2
In these Regulations —
“Commission Regulation ( EU ) No 1233/2009” means Commission Regulation (EU) No 1233/2009 laying down a specific market support measure in the dairy sector ;
“Council Regulation (EC) No 1234/2007 ” means Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products ;
“farmer” has the meaning assigned to it by Article 2(a) of Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers ;
“marketing” has the meaning assigned to it by Article 65(h) of Council Regulation (EC) No 1234/2007 , and cognate terms are construed accordingly;
“milk” means the produce of the milking of one or more cows;
“milk equivalent” has the meaning assigned to it by Article 65(b) of Council Regulation (EC) No 1234/2007 and by Article 12 of Commission Regulation (EC) No 595/2004 laying down detailed rules for applying Council Regulation ( EC ) 1788/2003 establishing a levy in the milk and milk products sector ;
“relevant authority” means —
in relation to England, the Secretary of State;
in relation to Scotland, the Scottish Ministers;
in relation to Wales, the Welsh Ministers; and
in relation to Northern Ireland, the Department of Agriculture and Rural Development;
“specified period” means the period from 1st October 2008 until 30th September 2009 inclusive.
Payments to farmers
3
1
In accordance with Article 1 of Commission Regulation (EU) No 1233/2009, the relevant authority must make a payment to eligible farmers as provided for in these Regulations.
2
The relevant authority must pay to each eligible farmer the specified sum per litre of milk or milk equivalent produced and marketed by that farmer during the specified period.
3
For the purposes of this regulation, the specified sum is calculated by dividing A by B where —
a
“A” means the amount (expressed in euro) in the entry for “ UK ” in the Annex to Commission Regulation (EU) No 1233/2009, to which the relevant exchange rate has been applied;
b
“B” means, subject to paragraph (4), the total volume (expressed in litres) of milk and milk equivalent produced and marketed in the UK during the specified period, and
c
“the relevant exchange rate” is 1 euro is equivalent to 91.155 pence.
4
In calculating the total volume of milk and milk equivalent produced and marketed for the purposes of paragraph (3)(b), the relevant authority need only take account of production and marketing —
a
by an eligible farmer, and
b
which has been notified to it by the farmer, or of which it has been otherwise notified, at the date of the coming into force of these Regulations.
Eligible Farmers
4
1
A farmer (“F”) is an eligible farmer for the purposes of regulation 3 if —
a
F’s total production of milk and milk equivalent marketed during the specified period was 50,000 litres or more; and
b
F’s name was listed for part or all of the specified period, in —
i
one or more of the registers maintained, in respect of England, by the Secretary of State in accordance with regulation 4(1)(a) and (3)(a) of the Dairy Produce Quota Regulations 2005 ;
ii
one or more of the registers maintained, in respect of Scotland, by the Scottish Ministers in accordance with regulation 4(1)(a) and (3)(a) of the Dairy Produce Quotas (Scotland) Regulations 2005 ;
iii
one or more of the registers maintained, in respect of Wales, by the Welsh Ministers in accordance with regulation 4(1)(a) and 3(a) of the Dairy Produce Quotas (Wales) Regulations 2005 ; or
iv
one or more of the registers maintained, in respect of Northern Ireland, by the Department of Agriculture and Rural Development in accordance with regulation 4(1)(a) and 3(a) of the Dairy Produce Quotas Regulations (Northern Ireland) 2005 .
2
A relevant authority may request any information from a farmer for the purposes of establishing whether that farmer is an eligible farmer or for the purpose of establishing the amount of the payment to which that farmer is entitled under regulation 3.
3
If a farmer fails to provide any information requested under paragraph (2) within the period specified in the request, the relevant authority is entitled to make a payment to the farmer on the basis of the information held by that authority prior to the making of the request, or to treat the farmer as not eligible to receive a payment under regulation 3.
Recovery of unauthorised payments and interest
5
1
Where–
a
a farmer has received any payment under regulation 3;
b
the relevant authority establishes that figures used to calculate that farmer’s production and marketing of milk and milk equivalent during the specified period were incorrect, and
c
if correct figures or information had been used the farmer would not have received a particular sum (“the unauthorised sum”) as the whole or any part of the payment,
the relevant authority may recover that unauthorised sum.
2
The relevant authority may recover interest on the unauthorised sum in accordance with paragraphs (3) and (4).
3
Interest is payable in respect of each day from and including the day on which the relevant authority paid the unauthorised sum to the farmer.
4
The rate of interest applicable on any day is one percentage point above the sterling three month London interbank offered rate on that day.
5
The unauthorised sum, together with interest, is recoverable as a civil debt.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
30th March 2010


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Policing and Crime Act 2009 (Commencement No. 6 and Commencement No. 5 (Amendment)) Order 2010.
Provision coming into force on 6th November 2010
2
The day appointed for the coming into force of section 109 of the Policing and Crime Act 2009 (application of aspects of UK law to SOCA employees working abroad) is 6th November 2010.
Amendment of the Policing and Crime Act 2009 (Commencement No. 5) Order 2010
3
1
Article 4 of the Policing and Crime Act 2009 (Commencement No. 5) Order 2010 (provision coming into force on 1st September 2010) is amended as follows.
2
For “section 2 of the Act (Police Senior Appointments Panel)” substitute “section 2(2) of the Act (removal of chief inspector’s functions relating to approval of appointments, etc )”.
Nick Herbert
Minister of State
Home Office
2nd August 2010


text:
Citation
1
This Order may be cited as the Pensions Act 2008 (Commencement No. 5) Order 2010.
Commencement of provisions
2
The following provisions of the Pensions Act 2008 come into force on 5th July 2010 —
a
section 75 (trustee corporation) in so far as not already in force, and Schedule 1 (the trustee corporation) in so far as not already in force;
b
section 76 (functions); and
c
section 99 (interpretation of part).
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State for Pensions
Department for Work and Pensions
5th January 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hearing Aid Council (Transfer of Property, Rights and Liabilities) Order 2010 and comes into force on 31st July 2010.
2
In this Order —
“the dissolution date” means 1st August 2010;
“the HAC ” means the Hearing Aid Council established by the Hearing Aid Council Act 1968 ; and
“the Secretary of State” means the Secretary of State for Business, Innovation and Skills.
Transfer of property, rights and liabilities of the HAC
2
1
On the dissolution date, all property, rights and liabilities of the HAC are to be transferred to the Secretary of State.
2
Anything done, or continuing to be done, before the dissolution date by the HAC in relation to its property, rights and liabilities which, by virtue of paragraph (1), are transferred to the Secretary of State —
a
may be done, or continue to be done, on or after that date by the Secretary of State;
b
is to have effect, or continue to have effect, on or after that date as if done by the Secretary of State.
Legal proceedings
3
Any legal proceedings to which the HAC was a party immediately before the dissolution date may be continued by or in relation to the Secretary of State.
Interpretation of contracts etc
4
1
Paragraph (2) applies in respect of every contract, trust or agreement, whether written or not, and every deed, instrument or other document which, immediately before the dissolution date, related to any property, right or liability of the HAC which, by virtue of article 2, is transferred to the Secretary of State.
2
Each contract, trust, agreement, deed, instrument or other document referred to in paragraph (1) continues in effect subject to the following modifications, so far as they are required for continuing its effect on or after the dissolution date —
a
if the HAC is a party to it, the Secretary of State is substituted as that party;
b
for any reference (express or implied) to the HAC, substitute a reference to the Secretary of State;
c
for any reference (express or implied) to a member, officer or servant of the HAC, substitute a reference to such officer as the Secretary of State may nominate for the purpose;
d
for any reference (express or implied) to the office or place of business of the HAC, substitute a reference to the principal office of the Secretary of State.
Kevin Brennan
Minister for Further Education, Skills, Apprenticeships and Consumer Affairs
Department for Business, Innovation and Skills
20th March 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the School Support Staff Negotiating Body (Excluded Persons) Regulations 2010.
2
They come into force on 15th April 2010.
3
In these Regulations “ ASCLA 2009 ” means the Apprenticeships, Skills, Children and Learning Act 2009.
Prescribed descriptions of persons
2
The descriptions of persons prescribed for the purposes of section 240(3)(b) of ASCLA 2009 are those set out in the Schedule.
Vernon Coaker
Minister of State
Department for Children, Schools and Families
18th March 2010


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service Bodies (Membership and Procedure) Amendment Regulations 2010 and shall come into force on 1st December 2010.
2
These Regulations apply in relation to England only, except for regulations 3, 4, 8, and 9, which relate to cross-border bodies as defined in section 158(1) of the Government of Wales Act 2006 .
Amendments of the Health Authorities (Membership and Procedure) Regulations 1996
2
1
The Health Authorities (Membership and Procedure) Regulations 1996 are amended as follows.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (2), after the definition of “appointed officer member” insert —
“appointee” means a chairman or non-officer member of a Strategic Health Authority;
.
3
After regulation 8 (termination of tenure of office) insert —
Suspension of appointee
8A
1
The Secretary of State may suspend an appointee from office while the Secretary of State considers whether —
a
to remove the person from office under regulation 8(4) or (7); or
b
the person has become disqualified for appointment under regulation 10, or was so disqualified at the time of appointment.
2
The Secretary of State must give notice to the appointee of the decision to suspend and the suspension takes effect on receipt of the notification.
3
A notice under paragraph (2) may be —
a
delivered in person, in which case the appointee is treated as receiving it when it is delivered; or
b
sent by first class post to the appointee’s last known address, in which case the appointee is treated as receiving it on the third day after the day on which it was posted.
4
The initial period of suspension must not exceed 6 months.
5
The Secretary of State may review the appointee’s suspension at any time.
6
The Secretary of State must review the appointee’s suspension if requested in writing by the appointee to do so, but need not carry out a review less than 3 months after the beginning of the initial period of suspension.
7
Following a review, the Secretary of State may —
a
revoke the suspension; or
b
suspend the appointee for another period of not more than 6 months from the expiry of the current period.
8
The Secretary of State must revoke the suspension if at any time the Secretary of State decides that —
a
there are no grounds to remove the chairman or non-executive member from office under regulation 8(4) or (7);
b
there are such grounds but does not remove that person from office as chairman or non-executive member under these provisions; or
c
the person is not disqualified for appointment under regulation 10.
Suspension: effect on maximum number of members and on meetings
8B
1
This regulation applies in relation to a Strategic Health Authority where an appointee is suspended under regulation 8A(1).
2
Where this regulation applies —
a
the reference in regulation 2(1) (membership of Authorities) to the prescribed maximum number of non-officer members to be appointed shall have effect as if the number were increased by the number of appointees suspended;
b
“members” in paragraph 2(2) and (3) of Schedule 3 (rules as to meetings and proceedings of Authorities) means members other than any appointee who is suspended under regulation 8A; and
c
“the whole membership of the Authority” in paragraph 6(a) of that Schedule means the whole membership of the Authority less any appointee who is suspended under regulation 8A.
Suspension of chairman: appointment of vice-chairman
8C
1
This regulation applies in relation to a Strategic Health Authority where the chairman is suspended under regulation 8A(1).
2
If a vice-chairman has been appointed under regulation 12(1) (appointment of vice-chairman), that appointment shall cease to have effect.
3
The Secretary of State may re-appoint the person mentioned in paragraph (2) or appoint another non-officer member to be the vice-chairman.
4
The appointment of a vice-chairman under paragraph (3) shall be for a period not exceeding the shorter of —
a
the period for which the chairman is suspended; and
b
the remainder of the non-officer member’s term as a member of the Strategic Health Authority.
5
When the period for which a person is appointed as vice-chairman expires the Secretary of State may re-appoint that person, or appoint another non-officer member as vice-chairman.
6
Any person appointed under paragraph (3) or (5) may at any time resign from the office of vice-chairman by giving notice in writing to the Secretary of State.
7
A notice given under paragraph (6) shall take effect —
a
where a date is specified in the notice as that on which the resignation is to take effect, on that date; or
b
in any other case, on the date that the notice is received by the Secretary of State.
8
The Secretary of State may terminate a person’s appointment as vice-chairman under paragraph (3) or (5) if the Secretary of State is of the opinion that it would be in the best interests of the Authority for another non-officer member of the Authority to be vice-chairman.
9
If —
a
a person resigns from the office of vice-chairman under paragraph (6); or
b
the Secretary of State terminates a person’s appointment as vice-chairman under paragraph (8),
the Secretary of State may appoint another non-officer member as vice-chairman.
.
4
In regulation 12 (appointment of vice-chairman), after paragraph (3) add —
4
This regulation does not apply in relation to any Strategic Health Authority to which regulation 8C applies.
.
5
For regulation 13 (powers of vice-chairman), substitute —
Powers of vice-chairman
13
1
This regulation applies where —
a
the chairman of a Strategic Health Authority is suspended under regulation 8A and a member of the Strategic Health Authority is appointed to be vice-chairman under regulation 8C; or
b
a member of an Authority is appointed to be vice-chairman under regulation 12, and the chairman of the Authority —
i
has died or has ceased to hold office; or
ii
is unable to perform the chairman’s duties owing to illness, absence from England and Wales or any other cause.
2
Where this regulation applies —
a
the vice-chairman shall act as chairman until a new chairman is appointed or the existing chairman resumes the chairman’s duties, as the case may be; and
b
the references to the chairman in Schedule 3 shall, so long as there is no chairman able to perform the chairman’s duties, be taken to include references to the vice chairman.
.
Amendments of the National Health Service Litigation Authority Regulations 1995
3
1
The National Health Service Litigation Authority Regulations 1995 are amended as follows.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (2), after the definition of “the Act” insert —
“appointee” means the chairman or a non-officer member of the Authority;
.
3
After regulation 5 (termination of tenure of office) insert —
Suspension of appointee
5A
1
The Secretary of State may suspend an appointee from office while the Secretary of State considers whether —
a
to remove the person from office under regulation 5(3) or (6); or
b
the person has become disqualified for appointment under regulation 7, or was so disqualified at the time of appointment.
2
The Secretary of State must give notice in writing to the appointee of the decision to suspend and the suspension takes effect on receipt of such notification.
3
A notice under paragraph (2) may be —
a
delivered in person, in which case the appointee is treated as receiving it when it is delivered; or
b
sent by first class post to the appointee’s last known address, in which case the appointee is treated as receiving it on the third day after the day on which it was posted.
4
The initial period of suspension must not exceed 6 months.
5
The Secretary of State may review the appointee’s suspension at any time.
6
The Secretary of State must review the appointee’s suspension if requested in writing by the appointee to do so, but need not carry out a review less than 3 months after the beginning of the initial period of suspension.
7
Following a review, the Secretary of State may —
a
revoke the suspension; or
b
suspend the appointee for another period of not more than 6 months from the expiry of the current period.
8
The Secretary of State must revoke the suspension if at any time the Secretary of State decides that —
a
there are no grounds to remove the chairman or non-executive member from office under regulation 5(3) or (6);
b
there are such grounds but does not remove that person from office as chairman or non-executive member under these provisions; or
c
the person is not disqualified for appointment under regulation 7.
Suspension of chairman: appointment of vice-chairman
5B
1
This regulation applies where the chairman is suspended under regulation 5A.
2
If a vice-chairman has been appointed under regulation 9(1) (appointment of vice-chairman) that appointment shall cease to have effect.
3
The Secretary of State may re-appoint the person mentioned in paragraph (2) or appoint another non-officer member to be the vice-chairman.
4
The appointment of a vice-chairman under paragraph (3) shall be for a period, not exceeding the shorter of —
a
the period for which the chairman is suspended; and
b
the remainder of the non-officer member’s term as a member of the Authority.
5
When the period for which a person is appointed as vice-chairman expires, the Secretary of State may re-appoint the person, or appoint another non-officer member as vice-chairman.
6
Any person appointed under paragraph (3) or (5) may at any time resign from the office of vice-chairman by giving notice in writing to the Secretary of State.
7
A notice given under paragraph (6) shall take effect —
a
where a date is specified in the notice as that on which the resignation is to take effect, on that date; or
b
in any other case, on the date that the notice is received by the Secretary of State.
8
The Secretary of State may terminate a person’s appointment as vice-chairman under paragraph (3) or (5) if the Secretary of State is of the opinion that it would be in the best interests of the Authority for another non-officer member of the Authority to be vice-chairman.
9
If —
a
a person resigns from the office of vice-chairman under paragraph (6); or
b
the Secretary of State terminates a person’s appointment as vice-chairman under paragraph (8),
the Secretary of State may appoint another non-officer member as vice-chairman.
.
4
In regulation 9 (appointment of vice-chairman), add at the end —
3
This regulation does not apply where regulation 5B applies.
.
5
For regulation 10 (powers of vice-chairman), substitute —
Powers of vice-chairman
10
1
This regulation applies where —
a
the chairman of the Authority is suspended under regulation 5A and a non-officer member of the Authority is appointed to be vice-chairman under regulation 5B; or
b
a non-officer member of the Authority is appointed to be vice-chairman under regulation 9, and the chairman of the Authority –
i
has died or has ceased to hold office; or
ii
is unable to perform the chairman’s duties owing to illness, absence from England and Wales or any other cause.
2
Where this regulation applies —
a
the vice-chairman shall act as chairman until a new chairman is appointed or the existing chairman resumes the chairman’s duties, as the case may be; and
b
the references to the chairman in the Schedule shall, so long as there is no chairman able to perform the chairman’s duties, be taken to include references to the vice-chairman.
.
Amendments of the National Institute for Clinical Excellence Regulations 1999
4
1
The National Institute for Clinical Excellence Regulations 1999 are amended as follows.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (2), after the definition of “the Act” insert —
“appointee” means the chairman or a non-officer member of the Institute;
.
3
After regulation 8 (termination of tenure of office of chairman and non-officer members) insert —
Suspension of appointee
8A
1
The Secretary of State may suspend an appointee from office while the Secretary of State considers whether —
a
to remove the person from office under regulation 8(3) or (6); or
b
the person has become disqualified for appointment under regulation 5, or was so disqualified at the time of appointment.
2
The Secretary of State must give notice in writing to the appointee of the decision to suspend and the suspension takes effect on receipt of such notification.
3
A notice under paragraph (2) may be —
a
delivered in person, in which case the appointee is treated as receiving it when it is delivered; or
b
sent by first class post to the appointee’s last known address, in which case the appointee is treated as receiving it on the third day after the day on which it was posted.
4
The initial period of suspension must not exceed 6 months.
5
The Secretary of State may review the appointee’s suspension at any time.
6
The Secretary of State must review the appointee’s suspension if requested in writing by the appointee to do so, but need not carry out a review less than 3 months after the beginning of the initial period of suspension.
7
Following a review, the Secretary of State may —
a
revoke the suspension; or
b
suspend the appointee for another period of not more than 6 months from the expiry of the current period.
8
The Secretary of State must revoke the suspension if at any time the Secretary of State decides that —
a
there are no grounds to remove the chairman or non-executive member from office under regulation 8(3) or (6);
b
there are such grounds but does not remove that person from office as chairman or non-executive member under these provisions; or
c
the person is not disqualified for appointment under regulation 5.
Suspension of chairman: appointment of vice-chairman
8B
1
This regulation applies where the chairman is suspended under regulation 8A.
2
If a vice-chairman has been appointed under regulation 3(1) (appointment of vice-chairman) that appointment shall cease to have effect.
3
The Secretary of State may re-appoint the person mentioned in paragraph (2) or appoint another non-officer member to be the vice-chairman.
4
The appointment of a vice-chairman under paragraph (3) shall be for a period, not exceeding the shorter of —
a
the period for which the chairman is suspended; and
b
the remainder of the non-officer member’s term as a member of the Institute.
5
When the period for which a person is appointed as vice-chairman expires, the Secretary of State may re-appoint the person, or appoint another non-officer member as vice-chairman.
6
Any person appointed under paragraph (3) or (5) may at any time resign from the office of vice-chairman by giving notice in writing to the Secretary of State.
7
A notice given under paragraph (6) shall take effect —
a
where a date is specified in the notice as that on which the resignation is to take effect, on that date; or
b
in any other case, on the date that the notice is received by the Secretary of State.
8
The Secretary of State may terminate a person’s appointment as vice-chairman under paragraph (3) or (5) if the Secretary of State is of the opinion that it would be in the best interests of the Institute for another non-officer member of the Institute to be vice-chairman.
9
If —
a
a person resigns from the office of vice-chairman under paragraph (6); or
b
the Secretary of State terminates a person’s appointment as vice-chairman under paragraph (8),
the Secretary of State may appoint another non-officer member as vice-chairman.
.
4
In regulation 3 (appointment of vice-chairman) —
a
insert after paragraph (2) —
2A
This regulation does not apply where regulation 8B applies.
; and
b
omit paragraph (3).
5
After regulation 3 insert —
Powers of vice-chairman
3A
1
This regulation applies where —
a
the chairman of the Institute is suspended under regulation 8A and a non-officer member of the Institute is appointed to be vice-chairman under regulation 8B; or
b
a non-officer member of the Institute is appointed to be vice-chairman under regulation 3, and the chairman of the Institute–
i
has died or has ceased to hold office; or
ii
is unable to perform the chairman’s duties owing to illness, absence from England and Wales or any other cause.
2
Where this regulation applies —
a
the vice-chairman shall act as chairman until a new chairman is appointed or the existing chairman resumes the chairman’s duties, as the case may be; and
b
the references to the chairman in the Schedule shall, so long as there is no chairman able to perform the chairman’s duties, be taken to include references to the vice-chairman.
.
Amendments of the National Patient Safety Agency Regulations 2001
5
1
The National Patient Safety Agency Regulations 2001 are amended as follows.
2
In regulation 1 (citation, commencement, extent and interpretation), in paragraph (3), after the definition of “the Agency” insert —
“appointee” means the chairman or a non-officer member of the Agency;
.
3
After regulation 5 (termination of tenure of office of chairman and non-officer members) insert —
Suspension of appointee
5A
1
The Secretary of State may suspend an appointee from office while the Secretary of State considers whether —
a
to remove the person from office under regulation 5(2) or (5); or
b
the person has become disqualified for appointment under regulation 3, or was so disqualified at the time of appointment.
2
The Secretary of State must give notice in writing to the appointee of the decision to suspend and the suspension takes effect on receipt of such notification.
3
A notice under paragraph (2) may be —
a
delivered in person, in which case the appointee is treated as receiving it when it is delivered; or
b
sent by first class post to the appointee’s last known address, in which case the appointee is treated as receiving it on the third day after the day on which it was posted.
4
The initial period of suspension must not exceed 6 months.
5
The Secretary of State may review the appointee’s suspension at any time.
6
The Secretary of State must review the appointee’s suspension if requested in writing by the appointee to do so, but need not carry out a review less than 3 months after the beginning of the initial period of suspension.
7
Following a review, the Secretary of State may —
a
revoke the suspension; or
b
suspend the appointee for another period of not more than 6 months from the expiry of the current period.
8
The Secretary of State must revoke the suspension if at any time the Secretary of State decides that —
a
there are no grounds to remove the chairman or non-executive member from office under regulation 5(2) or (5);
b
there are such grounds but does not remove that person from office as chairman or non-executive member under these provisions; or
c
the person is not disqualified for appointment under regulation 3.
Suspension of chairman: appointment of vice-chairman
5B
1
This regulation applies where the chairman is suspended under regulation 5A.
2
If a vice-chairman has been appointed under regulation 6(1) (appointment of vice-chairman) that appointment shall cease to have effect.
3
The Secretary of State may re-appoint the person mentioned in paragraph (2) or appoint another non-officer member to be the vice-chairman.
4
The appointment of a vice-chairman under paragraph (3) shall be for a period, not exceeding the shorter of —
a
the period for which the chairman is suspended; and
b
the remainder of the non-officer member’s term as a member of the Agency.
5
When the period for which a person is appointed as vice-chairman expires, the Secretary of State may re-appoint the person, or appoint another non-officer member as vice-chairman.
6
Any person appointed under paragraph (3) or (5) may at any time resign from the office of vice-chairman by giving notice in writing to the Secretary of State.
7
A notice given under paragraph (6) shall take effect —
a
where a date is specified in the notice as that on which the resignation is to take effect, on that date; or
b
in any other case, on the date that the notice is received by the Secretary of State.
8
The Secretary of State may terminate a person’s appointment as vice-chairman under paragraph (3) or (5) if the Secretary of State is of the opinion that it would be in the best interests of the Agency for another non-officer member of the Agency to be vice-chairman.
9
If —
a
a person resigns from the office of vice-chairman under paragraph (6); or
b
the Secretary of State terminates a person’s appointment as vice-chairman under paragraph (8),
the Secretary of State may appoint another non-officer member as vice-chairman.
.
4
In regulation 6 (appointment of vice-chairman) —
a
insert after paragraph (2) —
2A
This regulation does not apply where regulation 5B applies.
; and
b
omit paragraph (3).
5
After regulation 6 insert —
Powers of vice-chairman
6A
1
This regulation applies where —
a
the chairman of the Agency is suspended under regulation 5A and a non-officer member of the Agency is appointed to be vice-chairman under regulation 5B; or
b
a non-officer member of the Agency is appointed to be vice-chairman under regulation 6, and the chairman of the Agency–
i
has died or has ceased to hold office; or
ii
is unable to perform the chairman’s duties owing to illness, absence from England or any other cause.
2
Where this regulation applies —
a
the vice-chairman shall act as chairman until a new chairman is appointed or the existing chairman resumes the chairman’s duties, as the case may be; and
b
the references to the chairman in the Schedule shall, so long as there is no chairman able to perform the chairman’s duties, be taken to include references to the vice-chairman.
.
Amendments of the National Treatment Agency Regulations 2001
6
1
The National Treatment Agency Regulations 2001 are amended as follows.
2
In regulation 1 (citation, commencement, interpretation and extent), in paragraph (2),
a
after the definition of “the Agency” insert —
“appointee” means the chairman or a non-officer member of the Agency;
; and
b
after the definition of “member” insert —
“non-officer member” means a member who is not an officer of the Agency;
.
3
After regulation 5 (termination of tenure of office of chairman and non-officer members) insert —
Suspension of appointee
5A
1
The Secretary of State may suspend an appointee from office while the Secretary of State considers whether —
a
to remove the person from office under regulation 5(2) or (5); or
b
the person has become disqualified for appointment under regulation 3, or was so disqualified at the time of appointment.
2
The Secretary of State must give notice in writing to the appointee of the decision to suspend and the suspension takes effect on receipt of such notification.
3
A notice under paragraph (2) may be —
a
delivered in person, in which case the appointee is treated as receiving it when it is delivered; or
b
sent by first class post to the appointee’s last known address, in which case the appointee is treated as receiving it on the third day after the day on which it was posted.
4
The initial period of suspension must not exceed 6 months.
5
The Secretary of State may review the appointee’s suspension at any time.
6
The Secretary of State must review the appointee’s suspension if requested in writing by the appointee to do so, but need not carry out a review less than 3 months after the beginning of the initial period of suspension.
7
Following a review, the Secretary of State may —
a
revoke the suspension; or
b
suspend the appointee for another period of not more than 6 months from the expiry of the current period.
8
The Secretary of State must revoke the suspension if at any time the Secretary of State decides that —
a
there are no grounds to remove the chairman or non-executive member from office under regulation 5(2) or (5);
b
there are such grounds but does not remove that person from office as chairman or non-executive member under these provisions; or
c
the person is not disqualified for appointment under regulation 3.
Suspension of chairman: appointment of vice-chairman
5B
1
This regulation applies where the chairman is suspended under regulation 5A.
2
If a vice-chairman has been appointed under regulation 6(1) (appointment of vice-chairman) that appointment shall cease to have effect.
3
The Secretary of State may re-appoint the person mentioned in paragraph (2) or appoint another non-officer member to be the vice-chairman.
4
The appointment of a vice-chairman under paragraph (3) shall be for a period, not exceeding the shorter of —
a
the period for which the chairman is suspended; and
b
the remainder of the non-officer member’s term as a member of the Agency.
5
When the period for which a person is appointed as vice-chairman expires, the Secretary of State may re-appoint the person, or appoint another non-officer member as vice-chairman.
6
Any person appointed under paragraph (3) or (5) may at any time resign from the office of vice-chairman by giving notice in writing to the Secretary of State.
7
A notice given under paragraph (6) shall take effect —
a
where a date is specified in the notice as that on which the resignation is to take effect, on that date; or
b
in any other case, on the date that the notice is received by the Secretary of State.
8
The Secretary of State may terminate a person’s appointment as vice-chairman under paragraph (3) or (5) if the Secretary of State is of the opinion that it would be in the best interests of the Agency for another non-officer member of the Agency to be vice-chairman.
9
If —
a
a person resigns from the office of vice-chairman under paragraph (6); or
b
the Secretary of State terminates a person’s appointment as vice-chairman under paragraph (8),
the Secretary of State may appoint another non-officer member as vice-chairman.
.
4
In regulation 6 (appointment of vice-chairman) —
a
insert after paragraph (2) —
2A
This regulation does not apply where regulation 5B applies.
; and
b
omit paragraph (3).
5
After regulation 6 insert —
Powers of vice-chairman
6A
1
This regulation applies where —
a
the chairman of the Agency is suspended under regulation 5A and a non-officer member of the Agency is appointed to be vice-chairman under regulation 5B; or
b
a non-officer member of the Agency is appointed to be vice-chairman under regulation 6, and the chairman of the Agency–
i
has died or has ceased to hold office; or
ii
is unable to perform the chairman’s duties owing to illness, absence from England or any other cause.
2
Where this regulation applies —
a
the vice-chairman shall act as chairman until a new chairman is appointed or the existing chairman resumes the chairman’s duties, as the case may be; and
b
the references to the chairman in the Schedule shall, so long as there is no chairman able to perform the chairman’s duties, be taken to include references to the vice-chairman.
.
Amendments of the Health and Social Care Information Centre Regulations 2005
7
1
The Health and Social Care Information Centre Regulations 2005 are amended as follows.
2
In regulation 1 (citation, commencement, application and interpretation), in paragraph (3), after the definition of “the Authority” insert —
“appointee” means the chairman or a non-officer member of the Authority;
.
3
After regulation 5 (termination of tenure of office of chairman and non-officer members) insert —
Suspension of appointee
5A
1
The Secretary of State may suspend an appointee from office while the Secretary of State considers whether —
a
to remove the person from office under regulation 5(2) or (5); or
b
the person has become disqualified for appointment under regulation 3, or was so disqualified at the time of appointment.
2
The Secretary of State must give notice in writing to the appointee of the decision to suspend and the suspension takes effect on receipt of such notification.
3
A notice under paragraph (2) may be —
a
delivered in person, in which case the appointee is treated as receiving it when it is delivered; or
b
sent by first class post to the appointee’s last known address, in which case the appointee is treated as receiving it on the third day after the day on which it was posted.
4
The initial period of suspension must not exceed 6 months.
5
The Secretary of State may review the appointee’s suspension at any time.
6
The Secretary of State must review the appointee’s suspension if requested in writing by the appointee to do so, but need not carry out a review less than 3 months after the beginning of the initial period of suspension.
7
Following a review, the Secretary of State may —
a
revoke the suspension; or
b
suspend the appointee for another period of not more than 6 months from the expiry of the current period.
8
The Secretary of State must revoke the suspension if at any time the Secretary of State decides that —
a
there are no grounds to remove the chairman or non-executive member from office under regulation 5(2) or (5);
b
there are such grounds but does not remove that person from office as chairman or non-executive member under these provisions; or
c
the person is not disqualified for appointment under regulation 3.
Suspension of chairman: appointment of vice-chairman
5B
1
This regulation applies where the chairman is suspended under regulation 5A.
2
If a vice-chairman has been appointed under regulation 6(1) (appointment of vice-chairman) that appointment shall cease to have effect.
3
The Secretary of State may re-appoint the person mentioned in paragraph (2) or appoint another non-officer member to be the vice-chairman.
4
The appointment of a vice-chairman under paragraph (3) shall be for a period, not exceeding the shorter of —
a
the period for which the chairman is suspended; and
b
the remainder of the non-officer member’s term as a member of the Authority.
5
When the period for which a person is appointed as vice-chairman expires, the Secretary of State may re-appoint the person, or appoint another non-officer member as vice-chairman.
6
Any person appointed under paragraph (3) or (5) may at any time resign from the office of vice-chairman by giving notice in writing to the Secretary of State.
7
A notice given under paragraph (6) shall take effect —
a
where a date is specified in the notice as that on which the resignation is to take effect, on that date; or
b
in any other case, on the date that the notice is received by the Secretary of State.
8
The Secretary of State may terminate a person’s appointment as vice-chairman under paragraph (3) or (5) if the Secretary of State is of the opinion that it would be in the best interests of the Authority for another non-officer member of the Authority to be vice-chairman.
9
If —
a
a person resigns from the office of vice-chairman under paragraph (6); or
b
the Secretary of State terminates a person’s appointment as vice-chairman under paragraph (8),
the Secretary of State may appoint another non-officer member as vice-chairman.
.
4
In regulation 6 (appointment of vice-chairman) —
a
insert after paragraph (2) —
2A
This regulation does not apply where regulation 5B applies.
; and
b
omit paragraph (3).
5
After regulation 6 insert —
Powers of vice-chairman
6A
1
This regulation applies where —
a
the chairman of the Authority is suspended under regulation 5A and a non-officer member of the Authority is appointed to be vice-chairman under regulation 5B; or
b
a non-officer member of the Authority is appointed to be vice-chairman under regulation 6, and the chairman of the Authority–
i
has died or has ceased to hold office; or
ii
is unable to perform the chairman’s duties owing to illness, absence from England or any other cause.
2
Where this regulation applies —
a
the vice-chairman shall act as chairman until a new chairman is appointed or the existing chairman resumes the chairman’s duties, as the case may be; and
b
the references to the chairman in the Schedule shall, so long as there is no chairman able to perform the chairman’s duties, be taken to include references to the vice-chairman.
.
Amendments of the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005
8
1
The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005 are amended as follows.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (2), after the definition of “the Act” insert —
“appointee” means the chairman or a non-officer member of the Authority;
.
3
After regulation 5 (termination of tenure of office of chairman and non-officer members) insert —
Suspension of appointee
5A
1
The Secretary of State may suspend an appointee from office while the Secretary of State considers whether —
a
to remove the person from office under regulation 5(2) or (6); or
b
the person has become disqualified for appointment under regulation 3, or was so disqualified at the time of appointment.
2
The Secretary of State must give notice in writing to the appointee of the decision to suspend and the suspension takes effect on receipt of such notification.
3
A notice under paragraph (2) may be —
a
delivered in person, in which case the appointee is treated as receiving it when it is delivered; or
b
sent by first class post to the appointee’s last known address, in which case the appointee is treated as receiving it on the third day after the day on which it was posted.
4
The initial period of suspension must not exceed 6 months.
5
The Secretary of State may review the appointee’s suspension at any time.
6
The Secretary of State must review the appointee’s suspension if requested in writing by the appointee to do so, but need not carry out a review less than 3 months after the beginning of the initial period of suspension.
7
Following a review, the Secretary of State may —
a
revoke the suspension; or
b
suspend the appointee for another period of not more than 6 months from the expiry of the current period.
8
The Secretary of State must revoke the suspension if at any time the Secretary of State decides that —
a
there are no grounds to remove the chairman or non-executive member from office under regulation 5(2) or (6);
b
there are such grounds but does not remove that person from office as chairman or non-executive member under these provisions; or
c
the person is not disqualified for appointment under regulation 3.
Suspension of chairman: appointment of vice-chairman
5B
1
This regulation applies where the chairman is suspended under regulation 5A.
2
If a vice-chairman has been appointed under regulation 6(1) (appointment of vice-chairman) that appointment shall cease to have effect.
3
The Secretary of State may re-appoint the person mentioned in paragraph (2) or appoint another non-officer member to be the vice-chairman.
4
The appointment of a vice-chairman under paragraph (3) shall be for a period, not exceeding the shorter of —
a
the period for which the chairman is suspended; and
b
the remainder of the non-officer member’s term as a member of the Authority.
5
When the period for which a person is appointed as vice-chairman expires, the Secretary of State may re-appoint the person, or appoint another non-officer member as vice-chairman.
6
Any person appointed under paragraph (3) or (5) may at any time resign from the office of vice-chairman by giving notice in writing to the Secretary of State.
7
A notice given under paragraph (6) shall take effect —
a
where a date is specified in the notice as that on which the resignation is to take effect, on that date; or
b
in any other case, on the date that the notice is received by the Secretary of State.
8
The Secretary of State may terminate a person’s appointment as vice-chairman under paragraph (3) or (5) if the Secretary of State is of the opinion that it would be in the best interests of the Authority for another non-officer member of the Authority to be vice-chairman.
9
If —
a
a person resigns from the office of vice-chairman under paragraph (6); or
b
the Secretary of State terminates a person’s appointment as vice-chairmanunder paragraph (8),
the Secretary of State may appoint another non-officer member as vice-chairman.
.
4
In regulation 6 (appointment of vice-chairman) —
a
insert after paragraph (2) —
2A
This regulation does not apply where regulation 5B applies.
; and
b
omit paragraph (3).
5
After regulation 6 insert —
Powers of vice-chairman
6A
1
This regulation applies where —
a
the chairman of the Authority is suspended under regulation 5A and a non-officer member of the Authority is appointed to be vice-chairman under regulation 5B; or
b
a non-officer member of the Authority is appointed to be vice-chairman under regulation 6, and the chairman of the Authority–
i
has died or has ceased to hold office; or
ii
is unable to perform the chairman’s duties owing to illness, absence from England and Wales or any other cause.
2
Where this regulation applies —
a
the vice-chairman shall act as chairman until a new chairman is appointed or the existing chairman resumes the chairman’s duties, as the case may be; and
b
the references to the chairman in the Schedule shall, so long as there is no chairman able to perform the chairman’s duties, be taken to include references to the vice-chairman.
.
Amendments of the NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005
9
1
The NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005 are amended as follows.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (2), after the definition of “the Act” insert —
“appointee” means the chairman or a non-officer member of the Authority;
.
3
After regulation 5 (termination of tenure of office of chairman and non-officer members) insert —
Suspension of appointee
5A
1
The Secretary of State may suspend an appointee from office while the Secretary of State considers whether —
a
to remove the person from office under regulation 5(2) or (6); or
b
the person has become disqualified for appointment under regulation 3, or was so disqualified at the time of appointment.
2
The Secretary of State must give notice in writing to the appointee of the decision to suspend and the suspension takes effect on receipt of such notification.
3
A notice under paragraph (2) may be —
a
delivered in person, in which case the appointee is treated as receiving it when it is delivered; or
b
sent by first class post to the appointee’s last known address, in which case the appointee is treated as receiving it on the third day after the day on which it was posted.
4
The initial period of suspension must not exceed 6 months.
5
The Secretary of State may review the appointee’s suspension at any time.
6
The Secretary of State must review the appointee’s suspension if requested in writing by the appointee to do so, but need not carry out a review less than 3 months after the beginning of the initial period of suspension.
7
Following a review, the Secretary of State may —
a
revoke the suspension; or
b
suspend the appointee for another period of not more than 6 months from the expiry of the current period.
8
The Secretary of State must revoke the suspension if at any time the Secretary of State decides that —
a
there are no grounds to remove the chairman or non-executive member from office under regulation 5(2) or (6);
b
there are such grounds but does not remove that person from office as chairman or non-executive member under these provisions; or
c
the person is not disqualified for appointment under regulation 3.
Suspension of chairman: appointment of vice-chairman
5B
1
This regulation applies where the chairman is suspended under regulation 5A.
2
If a vice-chairman has been appointed under regulation 6(1) (appointment of vice-chairman) that appointment shall cease to have effect.
3
The Secretary of State may re-appoint the person mentioned in paragraph (2) or appoint another non-officer member to be the vice-chairman.
4
The appointment of a vice-chairman under paragraph (3) shall be for a period, not exceeding the shorter of —
a
the period for which the chairman is suspended; and
b
the remainder of the non-officer member’s term as a member of the Authority.
5
When the period for which a person is appointed as vice-chairman expires, the Secretary of State may re-appoint the person, or appoint another non-officer member as vice-chairman.
6
Any person appointed under paragraph (3) or (5) may at any time resign from the office of vice-chairman by giving notice in writing to the Secretary of State.
7
A notice given under paragraph (6) shall take effect —
a
where a date is specified in the notice as that on which the resignation is to take effect, on that date; or
b
in any other case, on the date that the notice is received by the Secretary of State.
8
The Secretary of State may terminate a person’s appointment as vice-chairman under paragraph (3) or (5) if the Secretary of State is of the opinion that it would be in the best interests of the Authority for another non-officer member of the Authority to be vice-chairman.
9
If —
a
a person resigns from the office of vice-chairman under paragraph (6); or
b
the Secretary of State terminates a person’s appointment as vice-chairmanunder paragraph (8),
the Secretary of State may appoint another non-officer member as vice-chairman.
.
4
In regulation 6 (appointment of vice-chairman) —
a
insert after paragraph (2) —
2A
This regulation does not apply where regulation 5B applies.
; and
b
omit paragraph (3).
5
After regulation 6 insert —
Powers of vice-chairman
6A
1
This regulation applies where —
a
the chairman of the Authority is suspended under regulation 5A and a non-officer member of the Authority is appointed to be vice-chairman under regulation 5B; or
b
a non-officer member of the Authority is appointed to be vice-chairman under regulation 6, and the chairman of the Authority–
i
has died or has ceased to hold office; or
ii
is unable to perform the chairman’s duties owing to illness, absence from England and Wales or any other cause.
2
Where this regulation applies —
a
the vice-chairman shall act as chairman until a new chairman is appointed or the existing chairman resumes the chairman’s duties, as the case may be; and
b
the references to the chairman in the Schedule shall, so long as there is no chairman able to perform the chairman’s duties, be taken to include references to the vice-chairman.
.
Amendments of the NHS Institute for Innovation and Improvement Regulations 2005
10
1
The NHS Institute for Innovation and Improvement Regulations 2005 are amended as follows.
2
In regulation 1 (citation, commencement, application and interpretation), in paragraph (3), after the definition of “the Act” insert —
“appointee” means the chairman or a non-officer member of the Institute;
.
3
After regulation 5 (termination of tenure of office of chairman and non-officer members) insert —
Suspension of appointee
5A
1
The Secretary of State may suspend an appointee from office while the Secretary of State considers whether —
a
to remove the person from office under regulation 5(2) or (6); or
b
the person has become disqualified for appointment under regulation 3, or was so disqualified at the time of appointment.
2
The Secretary of State must give notice in writing to the appointee of the decision to suspend and the suspension takes effect on receipt of such notification.
3
A notice under paragraph (2) may be —
a
delivered in person, in which case the appointee is treated as receiving it when it is delivered; or
b
sent by first class post to the appointee’s last known address, in which case the appointee is treated as receiving it on the third day after the day on which it was posted.
4
The initial period of suspension must not exceed 6 months.
5
The Secretary of State may review the appointee’s suspension at any time.
6
The Secretary of State must review the appointee’s suspension if requested in writing by the appointee to do so, but need not carry out a review less than 3 months after the beginning of the initial period of suspension.
7
Following a review, the Secretary of State may —
a
revoke the suspension; or
b
suspend the appointee for another period of not more than 6 months from the expiry of the current period.
8
The Secretary of State must revoke the suspension if at any time the Secretary of State decides that —
a
there are no grounds to remove the chairman or non-executive member from office under regulation 5(2) or (6);
b
there are such grounds but does not remove that person from office as chairman or non-executive member under these provisions; or
c
the person is not disqualified for appointment under regulation 3.
Suspension of chairman: appointment of vice-chairman
5B
1
This regulation applies where the chairman is suspended under regulation 5A.
2
If a vice-chairman has been appointed under regulation 6(1) (appointment of vice-chairman) that appointment shall cease to have effect.
3
The Secretary of State may re-appoint the person mentioned in paragraph (2) or appoint another non-officer member to be the vice-chairman.
4
The appointment of a vice-chairman under paragraph (3) shall be for a period, not exceeding the shorter of —
a
the period for which the chairman is suspended; and
b
the remainder of the non-officer member’s term as a member of the Institute.
5
When the period for which a person is appointed as vice-chairman expires, the Secretary of State may re-appoint the person, or appoint another non-officer member as vice-chairman.
6
Any person appointed under paragraph (3) or (5) may at any time resign from the office of vice-chairman by giving notice in writing to the Secretary of State.
7
A notice given under paragraph (6) shall take effect —
a
where a date is specified in the notice as that on which the resignation is to take effect, on that date; or
b
in any other case, on the date that the notice is received by the Secretary of State.
8
The Secretary of State may terminate a person’s appointment as vice-chairman under paragraph (3) or (5) if the Secretary of State is of the opinion that it would be in the best interests of the Institute for another non-officer member of the Institute to be vice-chairman.
9
If —
a
a person resigns from the office of vice-chairman under paragraph (6); or
b
the Secretary of State terminates a person’s appointment as vice-chairman under paragraph (8),
the Secretary of State may appoint another non-officer member as vice-chairman.
.
4
In regulation 6 (appointment of vice-chairman) —
a
insert after paragraph (2) —
2A
This regulation does not apply where regulation 5B applies.
; and
b
omit paragraph (3).
5
After regulation 6 insert —
Powers of vice-chairman
6A
1
This regulation applies where —
a
the chairman of the Institute is suspended under regulation 5A and a non-officer member of the Institute is appointed to be vice-chairman under regulation 5B; or
b
a non-officer member of the Institute is appointed to be vice-chairman under regulation 6, and the chairman of the Institute–
i
has died or has ceased to hold office; or
ii
is unable to perform the chairman’s duties owing to illness, absence from England or any other cause.
2
Where this regulation applies —
a
the vice-chairman shall act as chairman until a new chairman is appointed or the existing chairman resumes the chairman’s duties, as the case may be; and
b
the references to the chairman in the Schedule shall, so long as there is no chairman able to perform the chairman’s duties, be taken to include references to the vice-chairman.
.
Signed by authority of the Secretary of State for Health
Simon Burns
Minister of State,
Department of Health
14th October 2010


text:
1
These Regulations may be cited as the Lowestoft Sixth Form College (Government) Regulations 2010 and come into force on 23rd March 2010.
2
The Instrument of Government and Articles of Government of the further education corporation established under the name of “the Lowestoft Sixth Form College” shall be as set out in Schedules 1 and 2 to these Regulations respectively.
Kevin Brennan
Minister for Further Education, Skills, Apprenticeships and Consumer Affairs
Department for Business, Innovation and Skills
28th February 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Al-Qaida and Taliban (Asset-Freezing) Regulations 2010 and come into force on the day after the day on which they are made.
2
An offence may be committed under these Regulations —
a
by any person in the United Kingdom; or
b
by any person elsewhere who is —
i
a British citizen;
ii
a British overseas territories citizen who acquired their citizenship from a connection with Gibraltar;
iii
a British subject under Part 4 of the British Nationality Act 1981 (British subjects) with the right of abode in the United Kingdom; or
iv
a body incorporated or constituted under the law of any part of the United Kingdom.
Interpretation
2
1
In these Regulations —
“the 2000 Act ” means the Financial Services and Markets Act 2000 ;
“body corporate” includes a Scottish partnership;
“the Council Regulation ” means Council Regulation (EC) No. 881/2002 and references to Annex I of that Regulation are to be construed as references to that Annex as amended from time to time;
“designated person” means a natural or legal person, group or entity listed in Annex I to the Council Regulation;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“relevant institution” means —
a person who has permission under Part 4 of the 2000 Act (permission to carry on regulated activities);
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the 2000 Act (EEA passport rights) which has permission under paragraph 15 of that Schedule as a result of qualifying for authorisation under paragraph 12 of that Schedule to accept deposits; and
an undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means or cashes cheques which are made payable to customers.
2
The definition of “relevant institution” in paragraph (1) must be read with —
a
section 22 of the 2000 Act (the classes of activity and categories of investment);
b
any relevant order under that section ; and
c
Schedule 2 to that Act (regulated activities).
3
Any expression used both in these Regulations and in the Council Regulation has the meaning that it bears in the Council Regulation.
Freezing funds and economic resources of designated persons
3
1
A person must not deal with funds or economic resources belonging to, or owned, held, or controlled by, a designated person.
2
In paragraph (1) “deal with” means —
a
in respect of funds —
i
use, alter, move, allow access to or transfer;
ii
deal with in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination; or
iii
make any other change that would enable use, including portfolio management; and
b
in respect of economic resources, exchange or use to obtain funds, goods or services in any way, including (but not limited to) by selling, hiring or mortgaging the resources.
3
It is an offence for a person to contravene the prohibition in paragraph (1) knowing, or having reasonable cause to suspect, that the funds or economic resources belonged to or were owned, held or controlled by a designated person.
Making funds or economic resources available to a designated person
4
1
A person must not make available, directly or indirectly, to or for the benefit of a designated person —
a
funds; or
b
economic resources.
2
It is an offence for a person to contravene the prohibition in paragraph (1)(a) knowing, or having reasonable cause to suspect, that the funds were being made available (directly or indirectly) to or for the benefit of a designated person.
3
It is an offence for a person to contravene the prohibition in paragraph (1)(b) knowing, or having reasonable cause to suspect —
a
that the economic resources were being made available (directly or indirectly) to or for the benefit of a designated person; and
b
that the designated person would be likely to exchange the economic resources, or use them in exchange, for funds, goods or services.
4
For the purposes of this regulation —
a
funds or economic resources are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit; and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
Exceptions
5
1
It is not an offence under regulation 3 or 4 to credit a frozen account with —
a
interest or other earnings due on the account; or
b
payments due under contracts, agreements or obligations that were concluded or arose before the account became a frozen account.
2
It is not an offence under regulation 4 for a relevant institution to credit a frozen account where it receives funds transferred to the account.
3
Regulation 3 applies to any funds credited to a frozen account in accordance with this regulation.
4
In this regulation “frozen account” means an account with a relevant institution which is held or controlled by a designated person.
Circumventing prohibitions etc.
6
It is an offence for a person to participate knowingly and intentionally in activities the object or effect of which is (directly or indirectly) to —
a
circumvent a prohibition in regulation 3(1) or 4(1); or
b
enable or facilitate the contravention of any such prohibition.
Licences
7
1
The Treasury may grant a licence to disapply a prohibition in regulation 3(1) or 4(1) in relation to acts specified in the licence.
2
A licence may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions;
c
of indefinite duration or subject to an expiry date.
3
The Treasury may vary or revoke a licence at any time.
4
The Treasury, where they grant, vary or revoke a licence, must —
a
in the case of a licence granted to a particular person, give written notice of the licence, variation or revocation to that person; and
b
in the case of a general licence or a licence granted to a category of persons, take such steps as the Treasury consider appropriate to publicise the licence, variation or revocation.
5
A person commits an offence who, for the purpose of obtaining a licence, knowingly or recklessly —
a
provides information that is false in a material respect; or
b
provides or produces a document that is not what it purports to be.
6
A person who purports to act under the authority of a licence but who fails to comply with any conditions included in the licence commits an offence.
Information provisions
8
Schedule 1 (which contains provisions concerning information gathering and disclosure) has effect.
Officers of a body corporate etc.
9
1
Where an offence under these Regulations committed by a body corporate —
a
is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity; or
b
is attributable to any neglect on the part of any such person,
that person as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
In paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Paragraph (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body of a reference —
a
in the case of a partnership, to a partner;
b
in the case of an unincorporated body other than a partnership —
i
where the body’s affairs are managed by its members, to a member of the body;
ii
in any other case, to a member of the governing body.
Penalties
10
1
A person guilty of an offence under regulation 3, 4, 6 or 7, or paragraph 5(1)(b) or (d) of Schedule 1 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.
2
A person guilty of an offence under paragraph 2(4) or 5(1)(a) or (c) of Schedule 1 is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
Proceedings
11
1
Proceedings against any person for an offence may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
2
In England and Wales an information relating to an offence that is triable by a magistrates’ court may be so tried if it is laid —
a
before the end of twelve months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor’s knowledge, but
b
not later than three years from the commission of the offence.
3
In Scotland —
a
summary proceedings for an offence may be commenced —
i
before the end of twelve months from the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to the Lord Advocate’s knowledge, but
ii
not later than three years from the commission of the offence; and
b
section 136(3) of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.
4
In Northern Ireland, summary proceedings for an offence may be instituted —
a
before the end of twelve months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor’s knowledge, but
b
not later than three years from the commission of the offence.
5
For the purposes of this regulation —
a
a certificate signed by or on behalf of the prosecutor or the Lord Advocate as to the date on which such evidence as is referred to in paragraphs (2) to (4) came to the prosecutor’s or the Lord Advocate’s knowledge is conclusive evidence of that fact, and
b
a certificate purporting to be so signed is presumed to be so signed unless the contrary is proved.
6
No proceedings for an offence, other than for a summary offence, may be instituted in England, Wales or Northern Ireland except with the consent of the Attorney General or, as the case may be, the Advocate General for Northern Ireland.
7
Whether or not such consent has been given, paragraph (6) does not prevent —
a
the arrest of any person in respect of an offence, or
b
the remand in custody or on bail of any person charged with an offence.
8
Until the coming into force of section 27 of the Justice (Northern Ireland) Act 2002 (Advocate General) , the reference in paragraph (6) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.
9
In this regulation, “offence” means an offence under these Regulations.
Notices
12
1
This regulation has effect in relation to any notice to be given to a person by the Treasury under regulation 7(4)(a).
2
Any such notice may be given —
a
by posting it to the person’s last known address; or
b
where the person is a body corporate which has its registered or principal office in the United Kingdom, by posting it to that office.
3
Where the Treasury do not have an address in the United Kingdom for the person, they must make arrangements for the notice to be given to the person at the first available opportunity.
The Crown
13
1
These Regulations bind the Crown, subject to the following provisions of this regulation.
2
No contravention by the Crown of a provision of these Regulations makes the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of a person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.
3
Nothing in this regulation affects Her Majesty in her private capacity; and this is to be construed as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in these Regulations.
Amendments and revocations
14
The primary and secondary legislation mentioned in Schedule 2 is amended or revoked as set out in that Schedule.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
7th April 2010


text:
Citation and commencement
1
These Rules may be cited as the Family Proceedings (Amendment) Rules 2010 and come into force on 6 th April 2010.
Amendments to the Family Proceedings Rules 1991
2
The Family Proceedings Rules 1991 are amended in accordance with rules 3 to 10.
3
In the Arrangement of Rules —
a
after the entries for Part 3, insert —
PART IIIA
APPLICATIONS FOR ORDERS PREVENTING AVOIDANCE UNDER SECTION 32L OF THE CHILD SUPPORT ACT 1991
3A.1
Scope of this Part
3A.2
Interpretation
3A.3
Application of CPR
3A.4
Where and how to start proceedings
3A.5
Who the parties are
3A.6
Service of the application
3A.7
Applications without notice
; and
b
after the entry for rule 4.14, insert —
4.14A
Timetable for the Child in proceedings for a care order or supervision order
.
4
In rule 1.2(1), after the entry for “civil partnership proceedings county court” insert —
“Commission” means the Child Maintenance and Enforcement Commission;
.
5
After Part III insert —
PART IIIA APPLICATIONS FOR ORDERS PREVENTING AVOIDANCE UNDER SECTION 32L OF THE CHILD SUPPORT ACT 1991
Scope of this Part
3A.1
Subject to rule 3A.7, the rules in this Part apply to applications made under section 32L(1) and (2) of the Act of 1991.
Interpretation
3A.2
In this Part —
“child support maintenance” has the meaning assigned to it in section 3(6) of the Act of 1991;
“reviewable disposition” has the meaning assigned to it in section 32L(5) of the Act of 1991.
Application of CPR
3A.3
Subject to the provisions of this Part, CPR Part 8 (alternative procedure for claims) and CPR rules 31.17 to 31.19 apply as appropriate with any necessary modifications to proceedings in this Part.
Where and how to start proceedings
3A.4
1
The application shall be made to the High Court by originating summons out of —
a
the principal registry; or
b
any district registry.
2
The application may be heard by —
a
a judge;
b
a district judge of the principal registry; or
c
if directed by a judge, a district judge in a district registry.
3
Unless the court directs otherwise, the application shall —
a
include the following information —
i
the name and address of the person who owes child support maintenance;
ii
the amount of outstanding child support maintenance and the period during which that amount has been outstanding;
iii
details of the calculation of the amount of outstanding child support maintenance;
iv
any steps taken to date to enforce payment of the amount of outstanding child support maintenance; and
v
in the case of applications made without notice, the reasons why notice has not been given;
b
where the application relates to land —
i
state whether the title to the land is registered or unregistered and, if registered, the Land Registry title number; and
ii
give particulars, as far as known to the applicant, of any mortgagee of the land or any other interest in the land;
c
in the case of an application under section 32L(2) of the Act of 1991, the name and address of the person in whose favour the reviewable disposition is alleged to have been made; and
d
state the facts relied on in support of the application including —
i
in the case of an application under section 32L(1) of the Act of 1991, the identity of the proposed disposition or other dealing with property which would have the consequence of making ineffective a step that has been or may be taken to recover the amount of outstanding child support maintenance;
ii
in the case of an application under section 32L(2) of the Act of 1991, the identity of the disposition which is alleged to be reviewable and has had the consequence of making ineffective a step taken, or which may have been taken, to recover the amount of outstanding child support maintenance.
4
Where the Commission is not relying on evidence to give rise to the presumption under section 32L(7) of the Act of 1991 (that the person who disposed of or is about to dispose of or deal with property did so or, as the case may be is about to do so, with the intention of avoiding payment of child support maintenance) then the Commission shall give other evidence supporting the person’s intention of avoiding such payment.
Who the parties are
3A.5
1
The applicant in the proceedings is the Commission and the respondent is the person who has failed to pay child support maintenance.
2
The court may at any time direct that —
a
any person be made a party to proceedings; or
b
a party be removed from the proceedings.
Service of the application
3A.6
1
The applicant shall serve the application, a copy of any sworn statement in support and the acknowledgement of service on —
a
any respondent;
b
the person in whose favour the reviewable disposition is alleged to have been made; and
c
such other persons as the court directs.
2
Where an application includes an application relating to land, the applicant shall serve a copy of the application on any —
a
mortgagee;
b
trustee of a trust of land or settlement; and
c
other person who has an interest in the land,
of whom particulars are given in the application.
3
Any person served under paragraph (2) may make a request to the court in writing, within 14 days beginning with the date of service of the application, for a copy of the applicant’s sworn statement in support of the application.
4
Any person who —
a
is served with copies of the application and the applicant’s sworn statement in support of the application under paragraph (1); or
b
receives a copy of the applicant’s sworn statement in support of the application following a request under paragraph (3),
may within 14 days beginning with the date of service or receipt file a statement in answer.
5
A statement in answer filed under paragraph (4) shall be sworn to be true.
Applications without notice
3A.7
1
This rule applies to an application under section 32L(1) of the Act of 1991.
2
The court may grant an application made without notice if it appears to the court that there are good reasons for not giving notice.
3
If the applicant makes an application without giving notice, the sworn statement in support of the application shall state the reasons why notice has not been given.
4
If the court grants an application under paragraph (2) —
a
the order shall include a provision allowing any respondent to apply to the court for the order to be reconsidered as soon as just and convenient at a full hearing; and
b
the applicant shall, as soon as reasonably practicable, serve upon each respondent a copy of the order and copies of the application and sworn statement in support of the application.
.
6
In rule 4.4, in paragraph (1A) —
a
in sub-paragraph (a)(i), after “C100,”, insert “C110,”;
b
for sub-paragraph (a)(ii) substitute —
ii
supplemental Forms C10, C11, C12 and C13A to C20 as appropriate,
; and
c
after sub-paragraph (a)(ii) insert —
iiA
in the case of an application for a care order or supervision order, such of the documents specified in the Annex to Form C110 as are available, and
.
7
In rule 4.14(2), after “paragraph (3)”, insert “and rule 4.14A”.
8
After rule 4.14, insert —
Timetable for the Child in proceedings for a care order or supervision order
4.14A
1
In proceedings for a care order or a supervision order, the court shall set the timetable of the proceedings in accordance with the Timetable for the Child.
2
The “Timetable for the Child” means the timetable set by the court in accordance with its duties under sections 1 and 32 of the Act of 1989 and shall —
a
take into account dates of the significant steps in the life of the child who is the subject of the proceedings; and
b
be appropriate for that child.
.
9
In rule 8.A1, omit paragraph (1)(c).
10
In Appendix 1 —
a
in the list of forms —
i
in the entry for Form C1, for the words in the third column, substitute “Children Act 1989 except care and supervision orders, Section 8 orders and orders related to enforcement of a contact order”;
ii
after the entry for Form C100, in the first column insert “C110”, in the second column “Application” and in the third column “under the Children Act 1989 for a care order or supervision order”; and
iii
omit the entry for Form C13;
b
for Form C1, substitute the form set out in Part 1 of the Schedule;
c
after Form C100, insert Form C110 as set out in Part 2 of the Schedule; and
d
omit Form C13.
Transitional provisions relating to care and supervision orders
11
Where proceedings for a care or supervision order have been commenced before these Rules come into force, the Family Proceedings Rules 1991 shall apply to those proceedings as if rule 6 had not been made.
Mark Potter, P
Philip Waller
Bruce Edgington
Duncan Adam
David Salter
Charles Hyde
I allow these Rules
Michael Wills
Minister of State
Ministry of Justice
10th March 2010


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Child Trust Funds (Amendment No. 3) Regulations 2010.
2
These Regulations, other than regulation 3, shall come into force —
a
on 1st August 2010; or
b
if later, on the day following the day on which these Regulations are made.
3
Regulation 3 shall come into force —
a
on 2nd August 2010; or
b
if later, on the first Monday following the day on which these Regulations are made.
4
Regulation 3(8) has effect where the commencement date for the child (within the meaning of regulation 7(8) of the Child Trust Funds Regulations 2004 , as amended by regulation 3(7) of these Regulations) is after the day on which regulation 3 of these Regulations comes into force in accordance with paragraph (3).
Amendments to the Child Trust Funds Regulations 2004
2
The Child Trust Funds Regulations 2004 are amended as follows.
3
1
Regulation 7 (government contributions) is amended as follows.
2
In paragraph (1) —
a
for “(4)” (where it first appears) substitute “(4B)”;
b
for “(2) and (4)(a)” substitute “(2), (4)(a) and (4A)”;
c
for “(3) and (4)(b)” substitute “(3), (4)(b) and (4B)”.
3
In paragraph (4) for “Where” substitute “Subject to paragraphs (4A) and (4B), where”.
4
After paragraph (4) insert —
4A
Where a child —
a
is first an eligible child by virtue of section 2(1)(a) of the Act, and
b
the commencement date for the child (see paragraph (8)) is after the relevant 2010 date (see paragraph (10E)),
the amount is £50.
4B
Where a child —
a
is first an eligible child by virtue of section 2(1)(b) of the Act, and
b
either —
i
is born on or after the relevant 2010 date, or
ii
is first in the United Kingdom (other than temporarily) on or after the relevant 2010 date, or
iii
becomes an eligible child on or after 3 months (less one day) after the relevant 2010 date,
the amount is £100.
5
In paragraph (7) for “Where” substitute “Subject to paragraph (7A), where”.
6
After paragraph (7) insert —
7A
Where the child is one to whom section 9 of the Act applies, and the commencement date for the child is after the relevant 2010 date, the amount is £50.
7
In paragraph (8), omit sub-paragraph (b) and the word “and” which precedes it.
8
In each of paragraphs (10) and (10A) for “£250” substitute “£50”.
9
After paragraph (10C) insert —
10D
Her Majesty’s Revenue and Customs must inform the account provider holding the child’s account where an amount is payable to the account under paragraph (10) or (10A).
10E
In this regulation, “the relevant 2010 date” means —
a
2 nd August 2010; or
b
if later, the day on which regulation 3 of the Child Trust Funds (Amendment No. 3) Regulations 2010 came into force.
4
Omit regulation 7A (age 7 payments) .
5
1
Regulation 7B (yearly disability payments) is amended as follows.
2
In paragraph (1), for “any year” substitute “the year 2009/10 or 2010/11”.
3
Omit paragraph (4).
Brooks Newmark
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Welfare Reform Act 2009 (Commencement No. 2 and Transitory Provision) Order 2010.
2
In this Order —
“ the Act ” means the Welfare Reform Act 2009;
“benefit week” has the meaning ascribed to that expression in regulation 3(7) of the Social Security (Breach of Community Order) Regulations 2001 .
Appointed days
2
1
10th February 2010 is the day appointed for the coming into force of —
a
section 10 of the Act (power to direct claimant to undertake specific work-related activity); and
b
section 35 of the Act (persons under pensionable age to take part in work-focused interviews etc. ).
2
The day appointed for the coming into force of section 14 of the Act (mobility component) is —
a
11th April 2010, for the purpose only of conferring power to make regulations;
b
15th October 2010, for the purposes only of assessing claims and making decisions on eligibility; and
c
11th April 2011 for all other purposes.
3
Subject to paragraph (4), 22nd March 2010 is the day appointed for the coming into force of —
a
section 26 of the Act (repeal of sections 62 to 66 of the Child Support, Pensions and Social Security Act 2000) ;
b
the entries in Part 3 of Schedule 7 to the Act (social security: other repeals and revocations) in respect of —
i
in section 170(5) of the Social Security Administration Act 1992 , paragraph (af) of the definition of “the relevant enactments” and paragraph (af) of the definition of “the relevant Northern Ireland enactments”;
ii
paragraph 3(e) of Schedule 3 to the Social Security Act 1998 ;
iii
the Child Support, Pensions and Social Security Act 2000;
iv
the Criminal Justice and Court Services Act 2000 ;
v
section 8(2)(b)(ii) (and the word “or” before it) and section 12(1) of the Social Security Fraud Act 2001 ;
vi
the Criminal Justice Act 2003 ;
vii
paragraph 20 of Schedule 3 to the Welfare Reform Act 2007 ;
viii
the Criminal Justice and Immigration Act 2008 ; and
c
section 58(1) of the Act (repeals and revocations) so far as relating to the entries in sub-paragraph (b).
4
In the case of a person who immediately before 22nd March 2010 is subject to a restriction under section 62 or 63 of the Child Support, Pensions and Social Security Act 2000, the day appointed for the coming into force of the provisions of the Act referred to in paragraph (3) is the first day of the first benefit week to commence for that person on or after 22nd March 2010.
5
1st April 2010 is the day appointed for the coming into force of —
a
the entries in Part 3 of Schedule 7 to the Act (social security: other repeals and revocations) in respect of —
i
the Social Security Fraud Act 2001 (so far as they are not already in force);
ii
the State Pension Credit Act 2002 ;
iii
paragraph 23(3) of Schedule 3 to the Welfare Reform Act 2007; and
b
section 58(1) of the Act (repeals and revocations) so far as relating to the entries in sub-paragraph (a).
6
Subject to article 3, the day appointed for the coming into force of section 33 of the Act (attendance in connection with jobseeker’s allowance: sanctions) is —
a
10th February 2010 for the purpose only of conferring power to make regulations; and
b
6th April 2010 for all other purposes.
Transitory provision
3
Until the day appointed under section 61(3) of the Act for the coming into force of section 32(3) and (4) of the Act —
a
section 8(2) of the Jobseekers Act 1995 (as amended by section 33(2) of the Act) has effect as if for “officer of the Secretary of State” there were substituted (in both places) “employment officer”; and
b
section 8(3) of the Jobseekers Act 1995 has effect as if for “subsection (1)” there were substituted “subsections (1) and (2)”.
Signed by authority of the Secretary of State for Work and Pensions
Jim Knight
Minister of State
Department of Work and Pensions
3rd February 2010


text:
Citation and commencement
1
This Order may be cited as the Inspectors of Education, Children’s Services and Skills (No. 2) Order 2010 and comes into force on 18th March 2010.
Appointment of Her Majesty’s Inspectors of Education, Children’s Services and Skills
2
The persons named in the Schedule to this Order are appointed Her Majesty’s Inspectors of Education, Children’s Services and Skills.
Judith Simpson
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Switzerland) Order 2010.
Double taxation and international tax enforcement arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Protocols set out in the Schedule to this Order, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Switzerland) Order 1978 , have been made with the Swiss Federal Council;
b
the arrangements have been made with a view to affording relief from double taxation in relation to income tax, corporation tax, capital gains tax and taxes of a similar character imposed by the laws of the Swiss Confederation and for the purpose of assisting international tax enforcement; and
c
it is expedient that those arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 5) 2010 and come into force on 4th October 2010.
2
These Regulations have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 4th October 2010;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer traded securities which are not conditional, in relation to agreements made on or after 4th October 2010;
ii
in the case of agreements to transfer traded securities which are conditional, in relation to agreements where the condition is satisfied on or after that date.
Interpretation
2
In these Regulations —
“clearing participant” means a member of —
EuroCCP who as such is permitted by the Rules of EuroCCP, or
X-CLEAR who as such is permitted by the Rules of X-CLEAR,
to clear transactions made on the UBS MTF for a traded security and who may or may not also be a participant on the UBS MTF;
“client” means a person who gives instructions to a non-clearing firm for traded securities to be sold on the UBS MTF;
“EuroCCP” means European Central Counterparty Limited ;
“X-CLEAR” means SIX X-CLEAR AG;
“nominee” means a person whose business is or includes holding traded securities as a nominee for EuroCCP or X-CLEAR acting in its capacity as a person providing clearing services in connection with a transaction made on the UBS MTF, or as a nominee for a clearing participant;
“non-clearing firm” means a participant on the UBS MTF other than a clearing participant;
“traded securities” means stocks and shares which are issued or raised by a body corporate but does not include stocks and shares issued or raised by a body corporate not incorporated in the United Kingdom unless —
the stocks and shares are registered in a register kept in the United Kingdom by or on behalf of the body corporate; or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a body incorporated in the United Kingdom;
“UBS MTF” is a multilateral trading facility operated by UBS Limited .
Prescription of recognised investment exchanges and recognised clearing houses
3
For the purposes of sections 116 and 117 of the Finance Act 1991 —
a
UBS MTF is prescribed as a recognised investment exchange;
b
EuroCCP is prescribed as a recognised clearing house; and
c
X-CLEAR is prescribed as a recognised clearing house.
Prescribed circumstances for the purposes of sections 116 and 117
4
1
In the circumstances prescribed by paragraph (2), the charges to stamp duty and stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a transaction made on the UBS MTF, conditions A, B and C are met.
3
Condition A is that traded securities are transferred, or agreed to be transferred, from —
a
a clearing participant or its nominee to another clearing participant or its nominee;
b
a non-clearing firm or its client, or nominee of a non-clearing firm or its client, to a clearing participant or its nominee;
c
a clearing participant or its nominee to either EuroCCP or X-CLEAR, or to their nominees;
d
a person other than a clearing participant to either EuroCCP or X-CLEAR, or to their nominees, as a result of a failure by a clearing participant to fulfil its obligations in respect of the transaction concerned to transfer traded securities to either EuroCCP or X-CLEAR, or to their nominees;
e
either EuroCCP or X-CLEAR, or their nominees, to a clearing participant or its nominee;
f
EuroCCP or its nominee to X-CLEAR or its nominee; or
g
X-CLEAR or its nominee to EuroCCP or its nominee.
4
Condition B is that the person to whom those securities are agreed to be transferred under any of the agreements specified in paragraph (3) (“the relevant agreement”) is required on receipt of those securities to transfer traded securities under a matching agreement to another person or, in the case of an agreement falling within paragraph 3(d), would have been so required if the failure referred to in that paragraph had not occurred.
5
Condition C is that traded securities which are the subject of a relevant agreement shall be dealt with by a clearing participant, who is a party to the relevant agreement, in a separate designated account.
6
In this regulation —
a
“designated account” means an account designated by EuroCCP or X-CLEAR, for a clearing participant, in connection with the traded securities concerned;
b
a “matching agreement” means an agreement under which —
i
the traded securities agreed to be transferred are of the same kind as the traded securities agreed to be transferred under the relevant agreement; and
ii
the number and transfer price of the traded securities agreed to be transferred are identical to the number and transfer price of the traded securities agreed to be transferred under the relevant agreement.
Jeremy Wright
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
9th September 2010


text:
Citation and commencement
1
This Order may be cited as the Special Annual Allowance Charge (Variation of Rate) Order 2010 and shall have effect for the tax year 2010-11 and subsequent tax years.
Amendment of paragraph 1(8) of Schedule 35 to the Finance Act 2009
2
In paragraph 1(8) of Schedule 35 to the Finance Act 2009 (pensions: special annual allowance charge), for “rate of 20%” substitute “appropriate rate” and insert at the end —
For this purpose “the appropriate rate” is —
a
0% in relation to so much (if any) of the chargeable amount as, when added to the reduced net income amount, does not exceed the basic rate limit,
b
20% in relation to so much (if any) of the chargeable amount, as when so added, exceeds the basic rate limit but does not exceed the higher rate limit, and
c
30% in relation to so much (if any) of the chargeable amount as, when so added, exceeds the higher rate limit.
In this sub-paragraph —
“chargeable amount” means the amount in respect of which the special annual allowance charge is charged, and
“the reduced net income amount” means the amount after taking step 3 in section 23 of ITA 2007 in the case of the individual for the tax year.
.
Frank Roy
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Civil Aviation (Working Time) (Amendment) Regulations 2010 and they come into force on 28th June 2010.
Amendments to the 2004 Regulations
2
1
The Civil Aviation (Working Time) Regulations 2004 are amended as follows.
2
For regulation 2 (scope), substitute —
2
These Regulations apply to persons employed to act as crew members on board a civil aircraft flying for the purpose of —
a
public transport; or
b
the performance of a commercial air transport flight.
.
3
In regulation 3 (interpretation) —
a
after the definition of “collective agreement”, insert —
“commercial air transport flight” has the same meaning as in article 255(1) of the Air Navigation Order 2009 ;
;
b
after the definition of “inspector”, insert —
“local mean time” means the time to which a crew member is acclimatised for the purposes of a scheme;
;
c
omit the definition of “the purposes of public transport” and after the definition of “protection and prevention services or facilities”, insert —
“public transport” is to be construed in accordance with the conditions set out in article 260(2) of the Air Navigation Order 2009 in relation to an aircraft that is flying on a public transport flight;
;
d
in the definition of “scheme”, for “article 72(1)(b) of the Air Navigation Order 2000”, substitute “article 145(1)(b) or 149(a) of the Air Navigation Order 2009”;
e
in the definition of “working time” —
i
at the end of paragraph (b), delete “and”, and
ii
at the end of paragraph (c), add —
“and
subject to regulation 9A, any period during which he is on standby,
.
4
In paragraph (6) of regulation 5, omit “and in this paragraph” to the end.
5
After regulation 9, insert —
Standby time
9A
1
For the purpose of calculating the total annual working time under regulation 9(b), time spent by a crew member on standby is to count in full as working time except where paragraph (2) or (3) applies, when it is to count as half the time spent.
2
This paragraph applies where the period of notice given by the employer to the crew member before the crew member must report for duty is at least 2 hours 15 minutes.
3
This paragraph applies where time spent by the crew on standby —
a
is spent —
i
at home,
ii
in accommodation provided by the employer away from the place where the crew member is next required to report for duty, or
iii
in other accommodation arranged by the crew member to stay in while temporarily deployed away from home; and
b
is between the hours of 10.00 pm and 8.00 am local mean time, and during that time the crew member —
i
can take undisturbed rest, and
ii
is not called upon to report for duty.
.
6
In sub-paragraphs (a) and (b) of regulation 10(2), for “article 72 of the Air Navigation Order 2000”, in each case substitute “a scheme referred to in article 145(1) or 149 of the Air Navigation Order 2009”.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
8th April 2010


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use)(Amendment)(No. 2) Regulations 2010 and shall come into force on 20th April 2010.
Maximum width of trailers
2
1
The table in Regulation 8(1) of the Road Vehicles (Construction and Use) Regulations 1986 is amended as follows.
2
For the words in column 2 of item 4 substitute “A trailer drawn by a motor vehicle other than a motor cycle.”.
3
Omit items 5, 6 and 7.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
23rd March 2010
Department for Transport


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment (No. 3) Regulations 2010 and come into force on 29th July 2010.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
In regulation 4(11) (making a claim for benefit) of the Social Security (Claims and Payments) Regulations 1987 —
a
for “or retirement pension” substitute “, a retirement pension, a bereavement benefit or a social fund payment for funeral expenses”; and
b
for “the telephone number specified by the Secretary of State” substitute “a telephone number specified by the Secretary of State for the purpose of the benefit for which the claim is made”.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
23rd June 2010


text:
Citation and commencement
1
This Order may be cited as the Port Security (Avonmouth Dock and Royal Portbury Dock and Port of Bristol Security Authority) Designation Order 2010 and comes into force on 19th March 2010.
Port boundaries
2
1
For the purposes of regulation 3(2) of the Port Security Regulations 2009 the boundaries of the port of Avonmouth Dock and Royal Portbury Dock are those of Avonmouth Dock and Royal Portbury Dock.
2
The boundaries of Avonmouth Dock are delineated in pink on the plan set out in Schedule 1.
3
The boundaries of Royal Portbury Dock are delineated in pink on the plan set out in Schedule 2.
Port of Bristol Security Authority
3
1
The Port of Bristol Security Authority is designated as the port security authority for the port of Avonmouth Dock and Royal Portbury Dock.
2
Schedule 3, which makes provision about the Port of Bristol Security Authority, has effect.
Signed by authority of the Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
11th February 2010