text:
PART 1 GENERAL
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Primary Medical Services) (Miscellaneous Amendments) Regulations 2010 and come into force on 1st April 2010.
2
These Regulations apply in relation to England.
3
In these Regulations —
“ GMS Contracts Regulations ” means the National Health Service (General Medical Services Contracts) Regulations 2004 ; and
“ PMS Agreements Regulations ” means the National Health Service (Personal Medical Services Agreements) Regulations 2004 .
PART 2 AMENDMENT OF THE GMS CONTRACTS REGULATIONS
Amendment of regulation 2
2
In regulation 2(1) (interpretation) of the GMS Contracts Regulations —
a
for the definition of “the 2003 Order” substitute —
“the 2010 Order ” means the Postgraduate Medical Education and Training Order of Council 2010 ;
;
b
omit the definitions of “ FHSAA ” and “medical officer”; and
c
in the definition of “national disqualification”, in sub-paragraph (c), for “is treated as a national disqualification by the FHSAA” substitute “was treated as a national disqualification by the Family Health Services Appeal Authority ”.
Amendment of regulation 4
3
1
Regulation 4 (conditions relating solely to medical practitioners) of the GMS Contracts Regulations is amended as follows.
2
For paragraph (4), substitute —
4
In paragraphs (1), (2)(a) and (3)(a), “general medical practitioner” does not include a medical practitioner whose name is included in the General Practitioner Register by virtue of —
a
article 4(3) of the 2010 Order (general practitioners eligible for entry in the General Practitioner Register) because of an exemption under regulation 5(1)(d) of one or more of the sets of Regulations specified in paragraph (5);
b
article 6(2) of the 2010 Order (persons with acquired rights) by virtue of being a restricted services principal (within the meaning of one or more of the sets of Regulations specified in paragraph (6)) included in a list specified in that article; or
c
article 6(6) of the 2010 Order.
.
3
In paragraph (5), for “paragraph (4)(a)(iii) and (b)(i)(bb)” substitute “paragraph (4)(a)”.
4
For paragraph (6), substitute —
6
The Regulations referred to in paragraph (4)(b) are the National Health Service (General Medical Services) Regulations 1992, the National Health Service (General Medical Services) (Scotland) Regulations 1995 and the General Medical Services Regulations (Northern Ireland) 1997.
.
Amendment of regulation 5
4
In regulation 5 (general condition relating to all contracts) of the GMS Contracts Regulations, in paragraph (2)(k)(ii), after “(powers of the Court of Session to deal with management of charities)”, insert “or under section 34 of the Charities and Trustee Investment (Scotland) Act 2005 (powers of Court of Session)”.
Amendment of regulation 21
5
In regulation 21 (certificates) of the GMS Contracts Regulations, for paragraph (2), substitute —
2
The exception in paragraph (1)(a) does not apply where the certificate is issued in accordance with regulation 2(1) of the Social Security (Medical Evidence) Regulations 1976 (evidence of incapacity for work, limited capability for work and confinement) or regulation 2(1) of the Statutory Sick Pay (Medical Evidence) Regulations 1985 (medical information).
.
Amendment of Schedule 6
6
1
Schedule 6 (other contractual terms) of the GMS Contracts Regulations is amended as follows.
2
After paragraph 1A (telephone services), insert —
Cost of relevant calls
1B
1
The contractor must not enter into, renew or extend a contract or other arrangement for telephone services unless it is satisfied that, having regard to the arrangement as a whole, persons will not pay more to make relevant calls to the practice than they would to make equivalent calls to a geographical number.
2
Where a contractor is party to an existing contract or other arrangement for telephone services under which persons making relevant calls to the practice call a number which is not a geographical number, the contractor must comply with sub-paragraph (3).
3
The contractor must —
a
before 1st April 2011, review the arrangement and consider whether, having regard to the arrangement as a whole, persons pay more to make relevant calls than they would to make equivalent calls to a geographical number; and
b
if the contractor so considers, take all reasonable steps, including in particular considering the matters specified in sub-paragraph (4), to ensure that, having regard to the arrangement as a whole, persons will not pay more to make relevant calls than they would to make equivalent calls to a geographical number.
4
The matters referred to in sub-paragraph (3)(b) are —
a
varying the terms of the contract or arrangement;
b
renegotiating the terms of the contract or arrangement; and
c
terminating the contract or arrangement.
5
If, despite taking all reasonable steps referred to in sub-paragraph (3)(b), it has not been possible to ensure that, having regard to the arrangement as a whole, persons will not pay more to make relevant calls to the practice than they would to make equivalent calls to a geographical number, the contractor must consider introducing a system under which if a caller asks to be called back, the contractor will do so at the contractor’s expense.
6
In this paragraph —
a
“existing contract or other arrangement” means a contract or arrangement that was entered into prior to 1st April 2010 and which remains in force on 1st April 2010;
b
“geographical number” means a number which has a geographical area code as its prefix; and
c
“relevant calls” means calls —
i
made by patients to the practice for any reason related to services provided under the contract, and
ii
made by persons, other than patients, to the practice in relation to services provided as part of the health service.
.
3
In paragraph 11 (standards for out of hours services) —
a
omit “From 1st January 2005,”; and
b
for “14th October 2004” substitute “20th July 2006 ”.
4
In paragraph 20 (removal from the list at the request of the contractor), in sub-paragraph (1), for “applicant’s” substitute “patient’s”.
5
In paragraph 73 (patient records), in sub-paragraph (4)(a), for the words from ““General Medical” to the end substitute ““General Practice Systems of Choice Level 2”;”.
6
For paragraph 80 (reports to a medical officer), substitute —
Provision of information to a medical officer etc.
80
1
The contractor must, if satisfied that the patient consents —
a
supply in writing to any person specified in sub-paragraph (3), within such reasonable period as that person may specify, such clinical information as any of the persons mentioned in sub-paragraph (3)(a) to (d) considers relevant about a patient to whom the contractor or a person acting on behalf of the contractor has issued or has refused to issue a medical certificate; and
b
answer any inquiries by any person mentioned in sub-paragraph (3) about —
i
a prescription form or medical certificate issued or created by, or on behalf of, the contractor, or
ii
any statement which the contractor or a person acting on behalf of the contractor has made in a report.
2
For the purposes of being satisfied that a patient consents, a contractor may rely on an assurance in writing from any person mentioned in sub-paragraph (3) that the consent of the patient has been obtained, unless the contractor has reason to believe that the patient does not consent.
3
For the purposes of sub-paragraph (1) and (2), the persons are —
a
a medical officer;
b
a nursing officer;
c
an occupational therapist;
d
a physiotherapist; or
e
an officer of the Department for Work and Pensions who is acting on behalf of, and at the direction of, any person specified in paragraphs (a) to (d).
4
In this paragraph —
a
“medical officer” means a medical practitioner who is —
i
employed or engaged by the Department for Work and Pensions, or
ii
provided by an organisation under a contract entered into with the Secretary of State for Work and Pensions;
b
“nursing officer” means a health care professional who is registered on the Nursing and Midwifery Register and —
i
employed or engaged by the Department for Work and Pensions, or
ii
provided by an organisation under a contract entered into with the Secretary of State for Work and Pensions;
c
“occupational therapist” means a health care professional who is registered in the part of the register maintained by the Health Professions Council under article 5 of the Health Professions Order 2001 relating to occupational therapists and —
i
employed or engaged by the Department for Work and Pensions, or
ii
provided by an organisation under a contract entered into with the Secretary of State for Work and Pensions; and
d
“physiotherapist” means a health care professional who is registered in the part of the register maintained by the Health Professions Council under article 5 of the Health Professions Order 2001 relating to physiotherapists and —
i
employed or engaged by the Department for Work and Pensions, or
ii
provided by an organisation under a contract entered into with the Secretary of State for Work and Pensions.
.
7
In paragraph 91 (entry and inspection by the Commission for Healthcare Audit and Inspection) —
a
for “Commission for Healthcare Audit and Inspection”, substitute “Care Quality Commission”; and
b
after “(right of entry)”, insert “, as modified by paragraph 15 of Schedule 3 to the Health and Social Care Act 2008 (Commencement No. 9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 and section 62 of the Health and Social Care Act 2008 (entry and inspection)”,
and in the heading to that paragraph, for “Commission for Healthcare Audit and Inspection”, substitute “Care Quality Commission”.
8
In paragraph 113(2)(m)(ii) (which relates to other grounds for termination by the Primary Care Trust), after “(powers of the Court of Session to deal with the management of charities)”, insert “or under section 34 of the Charities and Trustee Investment (Scotland) Act 2005 (powers of Court of Session)”.
PART 3 AMENDMENT OF THE PMS AGREEMENTS REGULATIONS
Amendment of regulation 2
7
In regulation 2(1) (interpretation) of the PMS Agreements Regulations —
a
omit the definitions of “FHSAA” and “medical officer”; and
b
in the definition of “national disqualification”, in sub-paragraph (c), for “is treated as a national disqualification by the FHSAA” substitute “was treated as a national disqualification by the Family Health Services Appeal Authority”.
Amendment of regulation 5
8
In regulation 5 (general condition relating to all agreements) of the PMS Agreements Regulations, in paragraph (3)(j)(ii), after “(powers of the Court of Session to deal with management of charities)”, insert “or under section 34 of the Charities and Trustee Investment (Scotland) Act 2005 (powers of Court of Session)”.
Amendment of regulation 12
9
In regulation 12 (certificates) of the PMS Agreements Regulations, for paragraph (2), substitute —
2
The exception in paragraph (1)(a) does not apply where the certificate is issued in accordance with regulation 2(1) of the Social Security (Medical Evidence) Regulations 1976 (evidence of incapacity for work, limited capability for work and confinement) or regulation 2(1) of the Statutory Sick Pay (Medical Evidence) Regulations 1985 (medical information).
.
Amendment of Schedule 5
10
1
Schedule 5 (other contractual terms) of the PMS Agreements Regulations is amended as follows.
2
After paragraph 2A (telephone services), insert —
Cost of relevant calls
2B
1
The contractor must not enter into, renew or extend a contract or other arrangement for telephone services unless it is satisfied that, having regard to the arrangement as a whole, persons will not pay more to make calls to the practice than they would to make equivalent calls to a geographical number.
2
Where a contractor is party to an existing contract or other arrangement for a telephone service under which persons making relevant calls to the practice call a number which is not a geographical number, the contractor must comply with sub-paragraph (3).
3
The contractor must —
a
before 1st April 2011, review the arrangement and consider whether, having regard to the arrangement as a whole, persons pay more to make relevant calls than they would to make equivalent calls to a geographical number; and
b
if the contractor so considers, take all reasonable steps, including in particular considering the matters specified in sub-paragraph (4), to ensure that, having regard to the arrangement as a whole, persons will not pay more to make relevant calls than they would to make equivalent calls to a geographical number.
4
The matters referred to in sub-paragraph (3) are —
a
varying the terms of the contract or arrangement;
b
renegotiating the terms of the contract or arrangement; and
c
terminating the contract or arrangement.
5
If, despite taking all reasonable steps referred to in sub-paragraph (3)(b), it has not been possible to ensure that, having regard to the arrangement as a whole, persons will not pay more to make relevant calls to the practice than they would to make equivalent calls to a geographical number, the contractor must consider introducing a system under which if a caller asks to be called back, the contractor will do so at the contractor’s expense.
6
In this paragraph —
a
“existing contract or other arrangement” means a contract or arrangement that was entered into prior to 1st April 2010 and which remains in force on 1st April 2010;
b
“geographical number” means a number which has a geographical area code as its prefix; and
c
“relevant calls” means calls —
i
made by patients to the practice for any reason related to services provided under the agreement, and
ii
made by persons, other than patients, to the practice in relation to services provided as part of the health service.
.
3
For paragraph 9 (standards for out of hours services), substitute the following —
Standards for out of hours services
9
A contractor which —
a
provides out of hours services to registered patients of another contractor or provider of essential services (or their equivalent); or
b
has contracted to provide out of hours services to patients to whom it provides essential services under the agreement,
must, in the provision of such services, meet the quality requirements set out in the document entitled “National Quality Requirements in the Delivery of Out of Hours Services” published on 20th July 2006 .
.
4
In paragraph 19 (removal from the list at the request of the contractor), in sub-paragraph (1), for “applicant’s” substitute “patient’s”.
5
In paragraph 44 (excessive prescribing), in sub-paragraph (1) for “drugs and appliances” substitute “drugs, medicines or appliances”.
6
In paragraph 70 (patient records), in sub-paragraph (5)(a), for the words from ““General Medical” to the end substitute ““General Practice Systems of Choice Level 2”;”.
7
For paragraph 76 (reports to a medical officer), substitute —
Provision of information to a medical officer etc.
76
1
The contractor must, if satisfied that the patient consents —
a
supply in writing to any person specified in sub-paragraph (3), within such reasonable period as that person may specify, such clinical information as any of the persons mentioned in sub-paragraph (3)(a) to (d) considers relevant about a patient to whom the contractor or a person acting on behalf of the contractor has issued or has refused to issue a medical certificate; and
b
answer any inquiries by any person mentioned in sub-paragraph (3) about —
i
a prescription form or medical certificate issued or created by, or on behalf of, the contractor, or
ii
any statement which the contractor or a person acting on behalf of the contractor has made in a report.
2
For the purposes of being satisfied that a patient consents, a contractor may rely on an assurance in writing from any person mentioned in sub-paragraph (3) that the consent of the patient has been obtained, unless the contractor has reason to believe that the patient does not consent.
3
For the purposes of sub-paragraph (1) and (2), the persons are —
a
a medical officer;
b
a nursing officer;
c
an occupational therapist;
d
a physiotherapist; or
e
an officer of the Department for Work and Pensions who is acting on behalf of, and at the direction of, any person specified in paragraphs (a) to (d).
4
In this paragraph —
a
“medical officer” means a medical practitioner who is —
i
employed or engaged by the Department for Work and Pensions, or
ii
provided by an organisation under a contract entered into with the Secretary of State for Work and Pensions;
b
“nursing officer” means a health care professional who is registered on the Nursing and Midwifery Register and —
i
employed or engaged by the Department for Work and Pensions, or
ii
provided by an organisation under a contract entered into with the Secretary of State for Work and Pensions;
c
“occupational therapist” means a health care professional who is registered in the part of the register maintained by the Health Professions Council under article 5 of the Health Professions Order 2001 relating to occupational therapists and —
i
employed or engaged by the Department for Work and Pensions, or
ii
provided by an organisation under a contract entered into with the Secretary of State for Work and Pensions; and
d
“physiotherapist” means a health care professional who is registered in the part of the register maintained by the Health Professions Council under article 5 of the Health Professions Order 2001 relating to physiotherapists and —
i
employed or engaged by the Department for Work and Pensions, or
ii
provided by an organisation under a contract entered into with the Secretary of State for Work and Pensions.
.
8
In paragraph 85 (entry and inspection by the Commission for Healthcare Audit and Inspection) —
a
for “Commission for Healthcare Audit and Inspection”, substitute “Care Quality Commission”, and
b
after “(right of entry)”, insert “, as modified by paragraph 15 of Schedule 3 to the Health and Social Care Act 2008 (Commencement No. 9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 and section 62 of the Health and Social Care Act 2008 (entry and inspection).”,
and in the heading to that paragraph, for “Commission for Healthcare Audit and Inspection”, substitute “Care Quality Commission”.
9
For paragraph 100 (termination by notice) substitute —
Termination by serving notice
100
1
The contractor or the relevant body may terminate the agreement by serving notice in writing on the other party at any time.
2
Where a notice is served pursuant to sub-paragraph (1) and the period of notice in relation to such termination (which must be a period of not less than six months) has previously been agreed between the parties and provided for in the agreement, the date of termination under the notice must be calculated in accordance with such agreed period of notice, and the agreement will terminate on the date so calculated.
3
Where a notice is served pursuant to sub-paragraph (1) and no period of notice has previously been agreed between the parties and provided for in the agreement in relation to such termination, the period of notice required must be six months and the date of termination under the notice must be calculated accordingly, and the agreement will terminate on the date so calculated.
4
This paragraph is without prejudice to any other rights to terminate the agreement which the contractor and the relevant body may have.
.
10
In paragraph 101 (late payment notices) —
a
in sub-paragraph (1), for “regulation 12” substitute “regulation 13”; and
b
in sub-paragraph (4), omit “Paragraph 100 and”.
11
Omit paragraph 102 (termination by the relevant body: general provisions).
12
In paragraph 105(3)(j)(ii) (which relates to termination by the relevant body on fitness grounds), after “(powers of the Court of Session to deal with the management of charities)”, insert “or under section 34 of the Charities and Trustee Investment (Scotland) Act 2005 (powers of Court of Session)”.
PART 4 AMENDMENT OF THE NATIONAL HEALTH SERVICE (PERFORMERS LISTS) REGULATIONS 2004
Amendment of regulation 23 of the National Health Service (Performers Lists) Regulations 2004
11
In regulation 23 of the National Health Service (Performers Lists) Regulations 2004 (application for inclusion in a medical performers list), in paragraph (2)(b), for “regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994” substitute “article 6(6) of the Postgraduate Medical Education and Training Order of Council 2010”.
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State,
Department of Health
3rd March 2010


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Offshore Installations (Safety Zones) (No.2) Order 2010 and comes into force on 30 th July 2010.
Establishment of safety zone
2
A safety zone is established around the installation specified in column 1 of the Schedule (being an installation stationed in waters to which subsection (7) of section 21 of the Petroleum Act 1987 applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to the World Geodetic System 1984 specified in columns 2 and 3 of the Schedule.
Amendment of the Offshore Installations (Safety Zones) Order 1997
3
In the Offshore Installations (Safety Zones) Order 1997 omit the installation Morecambe Well 110/2A-7 specified in column 1 of Schedule 1 and its co-ordinates of latitude and longitude specified in columns 2 and 3 of Schedule 1.
Chris Grayling,
Minister of State
Department for Work and Pensions
5th July 2010


text:
Citation, commencement, interpretation and effect
1
1
These Regulations may be cited as the Tax Credits Up-rating Regulations 2010 and shall come into force on 6th April 2010.
2
In these Regulations —
“the Child Tax Credit Regulations ” means the Child Tax Credit Regulations 2002 ;
“the Entitlement Regulations ” means the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 ;
“the Income Thresholds Regulations ” means the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002 .
3
These Regulations have effect in relation to awards of tax credits for the year beginning on 6 th April 2010.
Amendment of the Child Tax Credit Regulations
2
1
The Child Tax Credit Regulations are amended as follows.
2
In regulation 7(4) (individual element) —
a
in sub-paragraph (a) for “£4,905” substitute “£5,015”;
b
in sub-paragraph (b) for “£5,980” substitute “£6,110”;
c
in sub-paragraph (c) for “£2,235” substitute “£2,300”;
d
in sub-paragraph (d) for “£4,905” substitute “£5,015”;
e
in sub-paragraph (e) for “£5,980” substitute “£6,110”; and
f
in sub-paragraph (f) for “£2,235” substitute “£2,300”.
Amendment of the Entitlement Regulations
3
For the Table in Schedule 2 to the Entitlement Regulations (maximum rates of the elements of a working tax credit) substitute the Table set out in the Schedule to these Regulations.
Amendment of the Income Thresholds Regulations
4
1
The Income Thresholds Regulations are amended as follows.
2
In regulation 3(3) (first income threshold for those entitled to child tax credit) for “£16,040” substitute “£16,190”.
3
In regulation 8(3) (determination of child tax credit) in step 4 for “£16,040” substitute “£16,190”.
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 2010


text:
Title and commencement
1
The title of these Regulations is the Gower College Swansea Further Education Corporation (Government) Regulations 2010 and they come into force on 20 May 2010.
Instrument of Government
2
The Instrument of Government of Gower College Swansea Further Education Corporation is as prescribed in Schedule 1 to these Regulations.
Articles of Government
3
The Articles of Government of Gower College Swansea Further Education Corporation are as prescribed in Schedule 2 to these Regulations.
Leighton Andrews
Minister for Children, Education and Lifelong Learning, one of the Welsh Ministers
25 April 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2010 and shall come into force on 1st April 2010.
2
Regulation 2(1) and (2) shall apply in relation to a person –
a
first diagnosed with mesothelioma on or after 1st April 2010; or
b
where the date of their first diagnosis with mesothelioma is unknown, if a claim is made by that person on or after 1st April 2010.
3
Regulation 2(1) and (3) shall apply in relation to the dependant of a person who dies on or after 1st April 2010.
Amendment of the Schedule to the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008
2
1
The Schedule to the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008 is amended as follows.
2
For Table 1 substitute the following:
Table 1
Amount of lump sum payment to person with mesothelioma.
Age of person with mesothelioma at diagnosis, or if unknown, at date of claim Payment
£
37 and under 75,176 38 73,714 39 72,255 40 70,796 41 69,336 42 67,876 43 67,147 44 66,413 45 65,687 46 64,957 47 64,226 48 62,185 49 60,143 50 58,095 51 56,053 52 54,006 53 52,548 54 51,089 55 49,632 56 48,167 57 46,708 58 42,915 59 39,117 60 35,327 61 31,530 62 27,734 63 25,397 64 23,061 65 20,729 66 18,393 67 16,057 68 15,582 69 15,106 70 14,634 71 14,161 72 13,686 73 13,283 74 12,873 75 12,478 76 12,081 77 and over 11,678
.
3
For Table 2 substitute the following:
Table 2
Amount of lump sum payment to dependant
Age of person with mesothelioma at death Payment
£
37 and under 39,122 38 38,281 39 37,442 40 36,603 41 35,764 42 34,925 43 34,122 44 33,310 45 32,513 46 31,711 47 30,910 48 29,923 49 28,938 50 27,952 51 26,971 52 25,987 53 25,178 54 24,378 55 23,575 56 22,768 57 21,968 58 19,746 59 17,517 60 15,292 61 13,065 62 10,836 63 10,201 64 9,569 65 8,921 66 8,285 67 and over 7,298
.
Signed by authority of the Secretary of State for Work and Pensions.
William D. McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
30th March 2010


text:
Citation and commencement
1
This Order may be cited as the Ecclesiastical Exemption (Listed Buildings and Conservation Areas) (England) (Amendment) Order 2010 and shall come into force on 1st October 2010.
Amendment
2
In Schedule 2 of the Ecclesiastical Exemption (Listed Buildings and Conservation Areas) (England) Order 2010 , before “North Western” insert “Northern”.
John Penrose
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
13th July 2010


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Schools Forums (England) Regulations 2010 and come into force on 1st April 2010.
2
These Regulations apply only in relation to England.
3
In these Regulations —
“ the Act ” means the School Standards and Framework Act 1998;
“Academy” means an independent school in England to which an agreement under section 482 of the Education Act 1996 relates;
“Academies member” means a member who represents the governing bodies of the Academies situated in the authority’s area;
“authority” means the local authority in whose area the schools forum is established but, until such time as a section 162(1)(a) order comes into force, “local authority” means “local education authority”;
“early years providers” means —
persons who are registered as early years childminders or other early years providers under Chapter 2 of Part 3 of the Childcare Act 2006 (which provides for the compulsory registration of persons providing early years provision) or are exempt from compulsory registration by order of the Secretary of State under section 33(2) or 34(3) of that Act;
independent schools; and
non-maintained special schools,
who provide early years provision;
“early years provision” has the meaning given by section 20 of the Childcare Act 2006;
“executive member” means any elected member of the authority appointed to the executive of that authority;
“governor” includes any interim executive member of an interim executive board;
“head teacher’s representative” means a senior member of staff representing a head teacher;
“interim executive board” is to be construed in accordance with paragraph 2 of Schedule 6 to the Education and Inspections Act 2006 ;
“local authority 14-19 partnership” means the arrangements described in section 85(2) and (3) of the Education and Skills Act 2008 ;
“nursery school” means a nursery school maintained by the authority;
“primary school” means a primary school maintained by the authority;
“relevant officer” means —
the director of children’s services of the authority; or
any officer employed or engaged to work under the management of the director of children’s services, other than —
one who directly provides education to children or who manages such a person; or
a school improvement partner;
“representative” means either a head teacher or head teacher’s representative or a governor of a school maintained by the authority;
“school” means a school maintained by the authority;
“school category” means one of the following categories of school —
community schools,
foundation schools,
voluntary aided schools,
voluntary controlled schools,
as described in Chapter 1 of Part 2 of the Act;
“school improvement partner” means a person appointed by the authority under section 5 of the Education and Inspections Act 2006;
“secondary school” means a secondary school maintained by the authority;
“section 162(1)(a) order” means an order under subsection (1) of section 162 of the Education and Inspections Act 2006 containing provision made by virtue of paragraph (a) of that subsection (power to replace statutory references to local education authorities with references to local authorities);
“senior member of staff” means a principal, deputy head teacher, bursar or other person responsible for the financial management of the school;
“special school” means a community special school or a foundation special school.
4
In these Regulations, a reference to a governing body does not include a reference to the temporary governing body of a new school and a reference to a governor does not include a reference to a member of the temporary governing body of a new school, where “new school” has the meaning given by section 72(3) of the Act .
Revocations
2
The following Regulations are revoked —
a
the Schools Forums (England) Regulations 2002 ;
b
the Schools Forums (England) (Amendment) Regulations 2004 ;
c
the Schools Forums (England) (Amendment) Regulations 2005 ; and
d
the Schools Forums (England) (Amendment) Regulations 2008 .
Constitution of schools forum
3
Every authority must ensure that the schools forum for their area is constituted in accordance with regulations 4 to 7 by 1st September 2010.
Membership: general
4
1
Subject to the following paragraphs of this regulation, an authority may determine the size and composition of their schools forum and the forum members’ terms of office.
2
Subject to paragraph (3), a forum must consist of at least 15 members, comprising —
a
schools members elected in accordance with regulation 5;
b
if there are any Academies in the authority’s area, at least one Academies member elected or selected in accordance with regulation 6; and
c
non-schools members appointed in accordance with regulation 7.
3
If, for any reason, an election for a schools member under regulation 5(1) or an Academies member under regulation 6(1) does not take place by any date set by the authority or any such election results in a tie between two or more candidates, the authority must appoint the schools member or Academies member to their schools forum instead.
4
Schools members and Academies members must together comprise at least two thirds of the membership of the forum.
5
Subject to paragraphs (6) to (8), primary schools, secondary schools and Academies must be broadly proportionately represented on the forum, having regard to the total number of pupils registered at them.
6
Where the authority maintain one or more special schools, at least one schools member must be a representative of a special school.
7
Where the authority maintain one or more nursery schools, at least one schools member must be a representative of a nursery school.
8
An authority may determine that the number of members representing schools in a particular school category must be broadly proportionate to the total number of schools in that category when compared with the total number of schools maintained by the authority.
9
A forum member remains in office until —
a
the member’s term of office expires;
b
the member ceases to hold the office by virtue of which the member became eligible for election, selection or appointment to the forum;
c
the member resigns from the forum by giving notice in writing to the authority; or
d
in the case of a non-schools member, the member is replaced by the authority, at the request of the body which the member represents, by another person nominated by that body,
whichever comes first.
10
The authority must maintain a written record of the composition of their forum, to include —
a
the numbers of schools members and by which group or sub-group they were elected;
b
the number of Academies members; and
c
the number of non-schools members, their terms of office, how they were chosen and whom they represent.
Schools members
5
1
Schools members must be elected to the schools forum by the members of the relevant group, or sub-group in the authority’s area.
2
The groups are —
a
representatives of nursery schools, where there are any such schools in the authority’s area;
b
representatives of primary schools other than nursery schools;
c
representatives of secondary schools; and
d
representatives of special schools, where there are any such schools in the authority’s area.
3
Each group referred to in paragraph (2) may consist of one or more of the following sub-groups —
a
where the authority exercises its discretion under paragraph (4)(a), representatives of head teachers of schools in each group;
b
where the authority exercises its discretion under paragraph (4)(b), representatives of governors of schools in each group;
c
where the authority exercises its discretion under paragraph (4)(c), representatives of head teachers and governors of schools in each group;
d
where the authority exercises its discretion under regulation 4(8), representatives of the particular school category.
4
The authority may determine that a certain number of representatives of each group must be —
a
head teachers or head teachers’ representatives;
b
governors; or
c
head teachers or head teachers’ representatives and governors.
Academies members
6
1
Subject to paragraph (2), Academies members must be elected to the schools forum by the governing bodies of the Academies in the authority’s area.
2
Where there is only one Academy in the authority’s area, the governing body of the Academy must select the person who will represent them on the schools forum.
Non-schools members
7
1
The authority must appoint non-schools members to their schools forum comprising —
a
one or more persons to represent the local authority 14-19 partnership; and
b
one or more persons to represent early years providers.
2
Subject to paragraph (3), the authority may appoint additional non-schools members to their forum to represent the interests of other bodies.
3
Prior to making any appointment under paragraph (2), the authority must consider whether the following bodies should be represented on their forum —
a
the Diocesan Board of Education for any diocese any part of which is situated in the authority’s area;
b
the Bishop of any Roman Catholic Diocese any part of which is situated in the authority’s area;
c
where there are any schools or Academies within the authority’s area that are designated under section 69(3) of the Act as having a religious character (other than Church of England or Roman Catholic schools), the appropriate faith group in respect of any such school or Academy.
4
The authority may not appoint any executive member or relevant officer of the authority to their forum as a non-schools member.
5
Within one month of the appointment of any non-schools member, the authority must inform the governing bodies of schools maintained by them and of Academies within their area of the name of the member and the name of the body that member represents.
Meetings and proceedings of schools forum
8
1
The schools forum must meet at least four times a year and are quorate if at least two fifths of the total membership is present at a meeting.
2
Any elected member or officer of the authority who is not a member of the forum may attend and speak at meetings of the forum.
3
Subject to paragraph (4), the members of the forum must elect a person as chair from among their number and determine the chair’s term of office.
4
The members of the forum may not elect as chair any member of the forum who is an elected member or officer of the authority.
5
Subject to paragraph (7), the members of the forum may determine their own voting procedures.
6
The proceedings of the forum are not invalidated by —
a
any vacancy among their number;
b
any defect in the election or appointment of any member; or
c
any defect in the election of the chair.
7
The authority must make arrangements to enable substitutes to attend and vote at meetings of the forum on behalf of schools members, Academies members and non-schools members, in consultation with members of the forum.
Consultation on contracts
9
The authority must consult the schools forum on the terms of any proposed contract for supplies or services (being a contract paid or to be paid out of the authority’s schools budget where the estimated value of the proposed contract is not less than the threshold which applies to the authority for that proposed contract pursuant to regulation 8 of the Public Contracts Regulations 2006 at least one month prior to the issue of invitations to tender.
Consultation on financial issues
10
1
The authority must consult the schools forum annually in respect of the authority’s functions relating to the schools budget, in connection with the following —
a
arrangements for the education of pupils with special educational needs;
b
arrangements for the use of pupil referral units and the education of children otherwise than at school;
c
arrangements for early years provision;
d
arrangements for insurance;
e
administrative arrangements for the allocation of central government grants paid to schools via the authority;
f
arrangements for free school meals.
2
The authority may consult the forum on such other matters concerning the funding of schools as they see fit.
Information about consultations
11
The schools forum must inform the governing bodies of schools maintained by the authority of any consultation carried out by the authority under regulation 9 or 10, as soon as it reasonably can.
Charging of schools forum’s expenses
12
The authority must pay the expenses of the schools forum and charge those expenses to the schools budget.
Members’ expenses
13
The authority must reimburse all reasonable expenses of members in connection with their attendance at meetings of the forum and charge those expenses to the schools budget.
Vernon Coaker
Minister of State
Department for Children, Schools and Families
15th February 2010


text:
Citation and commencement
1
This Order may be cited as the Inspectors of Education, Children’s Services and Skills (No. 5) Order 2010 and comes into force on 11th November 2010.
Appointment of Her Majesty’s Inspector of Education, Children’s Services and Skills
2
The person named in the Schedule to this Order is appointed Her Majesty’s Inspector of Education, Children’s Services and Skills.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Registered Pension Schemes (Enhanced Lifetime Allowance) (Amendment) Regulations 2010 and shall come into force on 1st April 2010.
2
These Regulations do not apply in relation to or in connection with a notice given before 1st April 2010 under regulation 22 of the 2006 Regulations.
3
In these Regulations, “the 2006 Regulations” means the Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006 .
Amendments to the 2006 Regulations
2
1
The 2006 Regulations are amended as follows.
2
The following are omitted —
a
paragraph (4) of regulation 20 (procedure on review of notification after certificate issued);
b
paragraph (4) of regulation 21 (procedure on review of notification after receipt of further information);
c
regulation 22 (reviews of notifications: procedure to be followed);
d
regulation 23 (appeals against notices under regulation 22).
3
In sub-paragraph (b) of paragraph (1) of regulation 24, for “regulation 22” substitute “paragraph 1 of Schedule 36 to the Finance Act 2008 ”.
Dave Hartnett
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
8th March 2010


text:
PART 1 General
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medical Profession (Responsible Officers) Regulations 2010 and shall come into force on 1st January 2011.
2
In these Regulations —
“ the Act ” means the Medical Act 1983;
“armed forces bodies” means the bodies referred to in paragraphs 12 to 14 of the Schedule to these Regulations;
“hospital” has the same meaning as in section 275 of the National Health Service Act 2006 ;
“medical practitioner”, except in regulation 7(1)(b), means a registered medical practitioner ;
“ NHS body” means any of the bodies listed in paragraphs 1 to 6 and 15 to 17 of the Schedule to these Regulations;
“non-departmental public body” means a body established by an Act of Parliament, an Act of the Scottish Parliament or by a statutory instrument made under any such Act to perform functions conferred on it under or by virtue of that Act or instrument or any other Act or instrument;
“practising privileges” means the grant, by a person managing a hospital, to a medical practitioner of permission to practise as a medical practitioner in that hospital;
“Scottish training governance body” means a body which exercises, on behalf of Scottish Ministers, functions conferred on Scottish Ministers that relate to education and training relating to the health service, including without prejudice to that generality, functions specified in section 47 of the National Health Service (Scotland) Act 1978 .
Application of these Regulations to armed forces bodies
2
1
These Regulations apply to serving members of the armed forces bodies as if they were employed by those bodies.
2
For the purposes of paragraph (1) a member of a reserve force is to be treated as a serving member of the armed forces body which that reserve force supports, and for this purpose “reserve force” is to be construed in accordance with section 374 of the Armed Forces Act 2006 .
3
Where the sole or main role of a medical practitioner employed by the Ministry of Defence is to work in support of any of the armed forces bodies, for the purposes of these Regulations that medical practitioner shall be treated as employed by that body.
Application and extent
3
1
These Regulations, except Part 3, extend to England and Wales, and Scotland.
2
Part 3 (additional responsibilities of responsible officers) extends to England and Wales, and applies in relation to England only.
PART 2 Responsible Officers
Designated bodies
4
1
The designation of bodies for the purposes of section 45A of the Act is prescribed as follows.
2
The bodies listed in Part 1 of the Schedule to these Regulations are designated bodies.
3
The bodies listed in Part 2 of the Schedule to these Regulations, to the extent that they do not fall within Part 1 of the Schedule, are designated bodies only if and for so long as they employ or contract with one or more medical practitioners.
Duty to nominate or appoint responsible officers
5
1
Subject to the following provisions of this regulation, every designated body must nominate or appoint a responsible officer.
2
The Department of Health shall nominate or appoint two responsible officers.
3
When a responsible officer nominated or appointed in accordance with paragraph (1) or (2) ceases to hold that position, the designated body must nominate or appoint a replacement as soon as reasonably practicable.
4
A body listed in Part 2 of the Schedule to these Regulations which is a designated body by virtue of regulation 4(3) is not required to nominate or appoint a responsible officer if, and for so long as, there is no prescribed connection under regulation 10 between that body and any medical practitioner.
Duty to nominate or appoint additional responsible officers in cases of conflict of interest or appearance of bias
6
1
A designated body must nominate or appoint a second responsible officer where —
a
the designated body has nominated or appointed a responsible officer in accordance with regulation 5; and
b
there is a conflict of interest or an appearance of bias between that responsible officer and a medical practitioner in respect of whom that responsible officer has responsibilities under regulation 11 or 13 (“the relevant practitioner”).
2
In considering whom to nominate or appoint as a second responsible officer in accordance with paragraph (1), the designated body must ensure that there is no conflict of interest or appearance of bias between the person to be nominated or appointed and the relevant practitioner.
3
Where a second responsible officer has been nominated or appointed in accordance with paragraph (1), that responsible officer, and not the first responsible officer, has the responsibilities specified in regulation 11 or 13 in relation to the relevant practitioner.
Conditions for nomination or appointment of responsible officers and for remaining as responsible officers
7
1
The following conditions must be satisfied in order for a person to be nominated or appointed as a responsible officer of a designated body under regulation 5 or 6 —
a
the person must be a medical practitioner; and
b
the person must, at the time of appointment, have been a medical practitioner throughout the previous 5 years, and for this purpose “medical practitioner” means a person who was fully registered under the Act.
2
A responsible officer must continue to be a medical practitioner in order to remain as a responsible officer.
Nomination or appointment of one person as responsible officer for two or more designated bodies
8
The same person may be nominated or appointed as the responsible officer for two or more designated bodies where each designated body concerned is satisfied that —
a
the person satisfies the conditions in regulation 7;
b
the person has the capacity to carry out their responsibilities under regulation 11 or 13 for each body; and
c
no conflict of interest is likely to arise.
Nomination of responsible officer by the Secretary of State
9
1
Subject to the following provisions of this regulation, the Secretary of State may nominate a responsible officer for a designated body where —
a
the designated body has failed to nominate or appoint a responsible officer in accordance with regulation 5 or 6; or
b
the designated body has nominated or appointed as a responsible officer a person who does not meet the conditions in regulation 7.
2
Before making a nomination under paragraph (1) for an NHS body in Scotland, the Secretary of State must consult the Scottish Ministers.
3
Before making a nomination under paragraph (1) for an NHS body in Wales, the Secretary of State must consult the Welsh Ministers.
4
Before making a nomination under paragraph (1) for an NHS Foundation Trust, the Secretary of State must consult the Independent Regulator of NHS Foundation Trusts .
Connection between designated bodies and medical practitioners
10
1
For the purposes of section 45B of the Act, and subject to the following provisions of this regulation and to regulation 12, a designated body has a prescribed connection with a medical practitioner in the following circumstances —
a
the designated body is —
i
a postgraduate medical deanery and the medical practitioner is a doctor in training who is a member of a foundation or specialty training programme managed by that deanery; or
ii
a Scottish training governance body, and the medical practitioner is a doctor in training on a postgraduate medical programme which is managed by that Scottish training governance body and has been approved by the General Council;
b
where sub-paragraph (a) does not apply, the medical practitioner is on the designated body’s medical performers list prepared in accordance with —
i
regulation 3(1)(a) of the National Health Service (Performers Lists) Regulations 2004 ;
ii
regulation 3(1)(a) of the National Health Service (Performers Lists) (Wales) Regulations 2004 ; or
iii
regulation 4(1) of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 ;
c
where neither sub-paragraph (a) nor (b) applies, the medical practitioner is employed by the designated body;
d
the designated body is a locum agency referred to in paragraph 20 of the Schedule to these Regulations, and the medical practitioner contracts with that agency;
e
sub-paragraph (d) does not apply and —
i
the designated body is a primary care organisation, and for this purpose “primary care organisation” means a body referred to in paragraph 1, 2 or 6 of the Schedule to these Regulations;
ii
the medical practitioner contracts with a locum agency which is not a designated body referred to in paragraph 20 of the Schedule to these Regulations; and
iii
the medical practitioner’s address as registered with the General Council is located within the primary care organisation’s area;
f
the designated body owns or manages a hospital and the medical practitioner has practising privileges in respect of that hospital;
g
where none of the preceding sub-paragraphs applies, the designated body is —
i
the Faculty of Occupational Medicine;
ii
the Faculty of Public Health; or
iii
the Faculty of Pharmaceutical Medicine,
and the medical practitioner is a member of that body;
h
where none of the preceding sub-paragraphs applies, the designated body is the Independent Doctors’ Federation and the practitioner is a member of that body.
2
Where a medical practitioner would otherwise have a prescribed connection with more than one designated body under paragraph (1), the prescribed connection is as follows —
a
in any case where sub-paragraph (a) of paragraph (1) (doctor in training) applies, the prescribed connection is in accordance with that sub-paragraph;
b
subject to sub-paragraph (c) and paragraph (4), in any case where sub-paragraph (b) of paragraph (1) (medical practitioner on a performers list) applies, the prescribed connection is in accordance with that sub-paragraph (b);
c
where a prescribed connection with more than one designated body arises under paragraph (1)(b) —
i
the medical practitioner has a prescribed connection with the designated body for whom the practitioner carries out most of their clinical practice; and
ii
if there is no significant difference in the amount of clinical practice which the practitioner carries out for each designated body, the medical practitioner has a prescribed connection with the designated body which is located the shortest distance from the practitioner’s address as registered with the General Council;
d
subject to sub-paragraph (e), in any case where sub-paragraph (c) of paragraph (1) (medical practitioner employed by a designated body) applies, the prescribed connection is in accordance with that sub-paragraph (c);
e
where a prescribed connection with more than one designated body arises under paragraph (1)(c) —
i
the medical practitioner has a prescribed connection with the designated body for whom the practitioner carries out most of their clinical practice; and
ii
if there is no significant difference in the amount of clinical practice which the practitioner carries out for each designated body —
aa
if one and only one of the designated bodies concerned is an NHS body, the medical practitioner has a prescribed connection with that body; and
bb
in any other case, the medical practitioner has a prescribed connection with the designated body which is located the shortest distance from the practitioner’s address as registered with the General Council;
f
where a prescribed connection with more than one designated body arises under paragraph (1)(d) (medical practitioner contracting with a locum agency), the medical practitioner has a prescribed connection with the designated body in respect of which the practitioner carried out most of their clinical practice in the previous calendar year;
g
in any other case —
i
the medical practitioner has a prescribed connection with the designated body for whom the practitioner carries out most of their clinical practice; and
ii
if there is no significant difference in the amount of clinical practice which the practitioner carries out for each designated body —
aa
if one and only one of the designated bodies concerned is an NHS body, the medical practitioner has a prescribed connection with that body; and
bb
in any other case, the medical practitioner has a prescribed connection with the designated body which is located the shortest distance from the practitioner’s address as registered with the General Council.
3
Where —
a
a medical practitioner (“M”) would otherwise have a prescribed connection with a designated body;
b
M has a prescribed connection with a designated body under regulations made under section 45A of the Act in relation to Northern Ireland; and
c
M carries out most of M’s clinical practice in Northern Ireland,
M does not have a prescribed connection with a designated body under this regulation.
4
Where a medical practitioner is on a designated body’s medical performers list in accordance with paragraph (1)(b) and is also employed by an armed forces body —
a
the medical practitioner has a prescribed connection with the designated body for whom the practitioner carries out most of their clinical practice; and
b
if there is no significant difference in the amount of clinical practice which the practitioner carries out for each designated body, the prescribed connection is with the armed forces body.
5
For the purposes of paragraphs (2)(c)(ii), (2)(e)(ii)(bb) and (2)(g)(ii)(bb), the location of a designated body is the address of its principal office.
Responsibilities of responsible officers: prescribed connection under regulation 10
11
1
Subject to paragraph (6), the responsible officer for a designated body has the following responsibilities relating to the evaluation of the fitness to practise of every medical practitioner who has a prescribed connection with that body by virtue of regulation 10.
2
The responsibilities referred to in paragraph (1) are —
a
to ensure that the designated body carries out regular appraisals on medical practitioners in accordance with paragraph (3);
b
to establish and implement procedures to investigate concerns about a medical practitioner’s fitness to practise raised by patients or staff of the designated body or arising from any other source;
c
where appropriate, to refer concerns about the medical practitioner to the General Council;
d
where a medical practitioner is subject to conditions imposed by, or undertakings agreed with, the General Council, to monitor compliance with those conditions or undertakings;
e
to make recommendations to the General Council about medical practitioners’ fitness to practise;
f
to maintain records of practitioners’ fitness to practise evaluations, including appraisals and any other investigations or assessments.
3
The responsible officer must ensure that appraisals carried out under paragraph (2)(a) involve obtaining and taking account of all available information relating to the medical practitioner’s fitness to practise in the work carried out by the practitioner for the designated body, and for any other body, during the appraisal period.
4
Procedures under paragraph (2)(b) must include provision for the medical practitioner’s comments to be sought and taken into account where appropriate.
5
Responsible officers must co-operate with the General Council and any of its committees, or any persons authorised by the General Council, in connection with the exercise by them of any of their functions under Part 3A or 5 of the Act.
6
Where a responsible officer is nominated or appointed in accordance with regulation 5(2) (Department of Health: two responsible officers), the division of responsibilities under paragraph (1) for each responsible officer is to be determined by the Department of Health.
Connection between designated bodies and medical practitioners who are responsible officers
12
1
Where a medical practitioner is the responsible officer for a designated body (body A) in accordance with these Regulations, the prescribed connection between that practitioner and a designated body for the purposes of section 45B of the Act is as follows.
2
Subject to paragraph (3), the medical practitioner has a prescribed connection with a designated body (body B) in the following circumstances —
a
where body A is in England and is not a Strategic Health Authority, body B is the Strategic Health Authority in whose area body A is located;
b
where body A is a Strategic Health Authority, body B is the Department of Health;
c
where body A is in Scotland, body B is the Scottish Ministers;
d
where body A is in Wales, body B is the Welsh Ministers.
3
A medical practitioner who is a responsible officer for —
a
the Department of Health;
b
the Scottish Ministers; or
c
the Welsh Ministers,
does not have a prescribed connection with a designated body under these Regulations.
Responsibilities of responsible officers: prescribed connection under regulation 12
13
1
Subject to paragraph (6), the responsible officer for a designated body has the following responsibilities relating to the evaluation of the fitness to practise of every medical practitioner who has a prescribed connection with that body by virtue of regulation 12.
2
The responsibilities referred to in paragraph (1) are —
a
to take all reasonably practicable steps to ensure that the medical practitioner undergoes regular appraisals in accordance with paragraph (3);
b
to take all reasonably practicable steps to investigate concerns about a medical practitioner’s fitness to practise raised by patients or staff of the body for whom the medical practitioner is the responsible officer, or arising from any other source;
c
where appropriate, to refer concerns about the practitioner to the General Council;
d
where a medical practitioner is subject to conditions imposed by, or undertakings agreed with, the General Council, to monitor compliance with those conditions or undertakings;
e
to make recommendations to the General Council about the medical practitioner’s fitness to practise;
f
to maintain records of the medical practitioner’s fitness to practise evaluations, including appraisals and any other investigations or assessments.
3
The responsible officer must take reasonably practicable steps to ensure that appraisals under paragraph (2)(a) —
a
are carried out by the body for whom the medical practitioner is the responsible officer; and
b
involve obtaining and taking account of all available information relating to the medical practitioner’s fitness to practise in the work carried out by the practitioner during the appraisal period.
4
Procedures under paragraph (2)(b) must include provision for the medical practitioner’s comments to be sought and taken into account where appropriate.
5
Responsible officers must co-operate with the General Council and any of its committees, or any persons authorised by the General Council, in connection with the exercise by them of any of their functions under Part 3A or 5 of the Act.
6
Where a responsible officer is nominated or appointed in accordance with regulation 5(2) (Department of Health: two responsible officers), the division of responsibilities under paragraph (1) for each responsible officer is to be determined by the Department of Health.
Provision of resources to responsible officers
14
1
Subject to paragraph (2), each designated body must provide the responsible officer nominated or appointed for that body with sufficient funds and other resources necessary to enable the officer to discharge their responsibilities for that body under regulations 11 and 13.
2
Where the designated body does not employ its responsible officer, the body must provide the resources referred to in paragraph (1) to —
a
where the responsible officer is employed, the employer of the officer; and
b
in any other case, the responsible officer.
3
Where a medical practitioner has a prescribed connection with a designated body by virtue of sub-paragraph (d), (e), (f), (g) or (h) of regulation 10(1), the medical practitioner must provide the designated body with sufficient funds necessary to enable the responsible officer nominated or appointed for that body to discharge their responsibilities under regulation 11 relating to that medical practitioner.
4
The designated body must determine the amount of the sufficient funds referred to in paragraph (3) and provide to the medical practitioner a written demand for the sum required to be paid.
Duty to have regard to guidance
15
In discharging their responsibilities under regulations 11 and 13, responsible officers shall have regard to the following —
a
guidance given by the Secretary of State in accordance with section 45C(2) of the Act; and
b
guidance given by the General Council, including Good Medical Practice and guidance on fitness to practise procedures, to the extent that it relates to the nomination or appointment of responsible officers or their prescribed responsibilities.
PART 3 Additional Responsibilities of Responsible Officers: England
Additional responsibilities of responsible officers: prescribed connection under regulation 10
16
1
Where a responsible officer has responsibilities under regulation 11 in respect of a medical practitioner who has a prescribed connection with a designated body in accordance with regulation 10, the responsible officer has the following additional responsibilities to the extent that the medical practitioner concerned is practising in England.
2
In relation to the entry by the designated body into contracts of employment or for the provision of services with medical practitioners, the responsible officer must —
a
ensure that medical practitioners have qualifications and experience appropriate to the work to be performed;
b
ensure that appropriate references are obtained and checked;
c
take any steps necessary to verify the identity of medical practitioners;
d
where the designated body is a Primary Care Trust, manage admission to the performers list in accordance with the National Health Service (Performers Lists) Regulations 2004; and
e
maintain accurate records of all steps taken in accordance with sub-paragraphs (a) to (d).
3
In relation to monitoring medical practitioners’ conduct and performance, the responsible officer must —
a
review regularly the general performance information held by the designated body, including clinical indicators relating to outcomes for patients;
b
identify any issues arising from that information relating to medical practitioners, such as variations in individual performance; and
c
ensure that the designated body takes steps to address any such issues.
4
In relation to ensuring that appropriate action is taken in response to concerns about medical practitioners’ conduct or performance, the responsible officer must —
a
initiate investigations with appropriately qualified investigators;
b
ensure that procedures are in place to address concerns raised by patients or staff of the designated body or arising from any other source;
c
ensure that any investigation into the conduct or performance of a medical practitioner takes into account any other relevant matters within the designated body;
d
consider the need for further monitoring of the practitioner’s conduct and performance and ensure that this takes place where appropriate;
e
ensure that a medical practitioner who is subject to procedures under this paragraph is kept informed about the progress of the investigation;
f
ensure that procedures under this paragraph include provision for the medical practitioner’s comments to be sought and taken into account where appropriate;
g
where appropriate —
i
take any steps necessary to protect patients;
ii
recommend to the medical practitioner’s employer that the practitioner should be suspended or have conditions or restrictions placed on their practice; and
h
identify concerns and ensure that appropriate measures are taken to address these, including but not limited to —
i
requiring the medical practitioner to undergo training or retraining;
ii
offering rehabilitation services;
iii
providing opportunities to increase the medical practitioner’s work experience;
iv
addressing any systemic issues within the designated body which may have contributed to the concerns identified;
i
maintain accurate records of all steps taken in accordance with this paragraph.
Additional responsibilities of responsible officers: prescribed connection under regulation 12
17
1
Where a responsible officer has responsibilities under regulation 13 in respect of a medical practitioner who has a prescribed connection with a designated body in accordance with regulation 12, the responsible officer has the following additional responsibilities to the extent that the medical practitioner concerned is practising in England.
2
The responsible officer must ensure that the medical practitioner has established systems and procedures which will enable them to carry out their responsibilities under regulation 16(2) effectively.
3
In relation to monitoring medical practitioners’ conduct and performance, the responsible officer must —
a
review regularly the general performance information held by the designated body, including clinical indicators relating to outcomes for patients;
b
identify any issues arising from that information relating to medical practitioners, such as variations in individual performance; and
c
take all reasonably practicable steps to ensure that the designated body addresses any such issues.
4
In relation to ensuring that appropriate action is taken in response to concerns about medical practitioners’ conduct or performance, the responsible officer must take all reasonably practicable steps to —
a
ensure that the body for whom the medical practitioner is the responsible officer initiates investigations with appropriately qualified investigators;
b
ensure that procedures are in place to address concerns raised about the medical practitioner by patients or staff of that body or arising from any other source;
c
ensure that any investigation into the conduct or performance of a medical practitioner takes into account any other relevant matters within that body;
d
consider the need for further monitoring of the practitioner’s conduct and performance and take steps to ensure that this takes place where appropriate;
e
ensure that a medical practitioner who is subject to procedures under this paragraph is kept informed about the progress of the investigation;
f
ensure that procedures under this paragraph include provision for the medical practitioner’s comments to be sought and taken into account where appropriate;
g
where appropriate —
i
take any steps necessary to protect patients;
ii
recommend to the medical practitioner’s employer that the practitioner should be suspended or have conditions or restrictions placed on their practice; and
h
identify concerns and ensure that appropriate measures are taken to address these, including but not limited to —
i
requiring the medical practitioner to undergo training or retraining;
ii
offering rehabilitation services;
iii
providing opportunities to increase the medical practitioner’s work experience;
i
maintain accurate records of all steps taken in accordance with this paragraph.
Duty to have regard to guidance
18
In discharging their responsibilities under regulations 16 and 17, responsible officers must have regard to the following —
a
guidance given by the Secretary of State in accordance with section 120(6) of the Health and Social Care Act 2008; and
b
guidance given by the National Clinical Assessment Service division of the National Patient Safety Agency , to the extent that it relates to the nomination or appointment of responsible officers or their prescribed responsibilities.
Provision of resources to responsible officers
19
1
Each designated body must provide its responsible officer with sufficient funds and other resources necessary to enable the officer to discharge their responsibilities for that body under regulations 16 and 17.
2
Where the designated body does not employ its responsible officer, the body must provide the resources referred to in paragraph (1) to —
a
where the responsible officer is employed, the employer of the officer; and
b
in any other case, the responsible officer.
3
Where a medical practitioner has a prescribed connection with a designated body by virtue of sub-paragraph (d), (e), (f), (g) or (h) of regulation 10(1), the medical practitioner must provide the designated body with sufficient funds necessary to enable the responsible officer nominated or appointed for that body to discharge their responsibilities under regulation 16 relating to that medical practitioner.
4
The designated body must determine the amount of the sufficient funds referred to in paragraph (3) and provide to the medical practitioner a written demand for the sum required to be paid.
Signed by authority of the Secretary of State for Health.
Anne Milton
Parliamentary Under-Secretary of State,
Department of Health
24th November 2010


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Exemption and Amendment) Regulations 2010 and shall come into force on 1st November 2010.
Interpretation
2
In these Regulations —
“the Act” means the Wireless Telegraphy Act 2006 ; and
“ GHz ” means gigahertz.
Revocations and amendments
3
1
The Regulations specified in the Schedule are revoked to the extent specified.
2
The Wireless Telegraphy (Exemption) Regulations 2003 are amended as follows —
a
in Regulation 3, for the definition of “relevant apparatus”, for “Schedules 3 to 11” substitute “Schedules 3 to 10”.
b
in Schedule 3 (network user stations) —
i
in Part III paragraph 3 sub-paragraph (c), under the last entry in the column, insert —
880.1–914.9 ( MTx ) 925.1–959.9 ( BTx ) 1710.1–1785 (MTx) 1805.1–1880 (BTx)
ii
in Part IV (interface requirement), for “June 2005”, substitute “October 2010”.
Railway level crossing radar
4
The establishment, installation and use of wireless telegraphy stations and wireless telegraphy apparatus complying with the publication “IR 2080 – UK Interface Requirement 2080, Railway Level Crossing Radar Sensor Systems” , is exempt from the provisions of section 8(1) of the Act, if —
a
it does not cause or contribute to any undue interference to any wireless telegraphy; and
b
it is not established, installed or used within twenty kilometres of any of the following locations (expressed by latitude and longitude coordinates) —
i
02° 18’ 22.8” W 53° 14’ 06.7” N;
ii
00° 02’ 12.4” E 52° 10’ 00.0” N;
iii
02° 08′ 40.1” W 52° 06’ 02.0” N;
iv
02° 32’ 08.5” W 53° 09’ 22.7” N;
v
02° 59’ 49.6” W 52° 47’ 25.1” N; and
vi
02° 26’ 43.5” W 53° 17’ 19.1” N.
Short range devices
5
The establishment, installation and use of wireless telegraphy stations and wireless telegraphy apparatus complying with an interface requirement which forms part of the publication “IR2030 — UK Interface Requirements 2030, Licence Exempt Short Range Devices” , is exempt from the provisions of section 8(1) of the Act, if —
a
it does not cause or contribute to any undue interference to any wireless telegraphy; and
b
in cases where the interface requirement does not state that airborne use is permitted, use is not airborne.
Fixed wireless systems
6
The establishment, installation and use of wireless telegraphy stations and wireless telegraphy apparatus complying with the publication “IR 2078, UK Interface Requirement 2078, Fixed Wireless Systems in the frequency band 57.1 to 63.9 GHz” , is exempt from the provisions of section 8(1) of the Act, if —
a
it does not cause or contribute to any undue interference to any wireless telegraphy;
b
use is not airborne; and
c
any stations or apparatus operating in the frequency band 59 to 63.9 GHz are not established, installed or used within six kilometres of any of the following locations (expressed by latitude and longitude coordinates) —
i
07° 23’ 36.6” W, 57° 21’ 3.6” N;
ii
04° 58’ 21” W, 51° 37’ 16.8” N; and
iii
00° 36’ 22.8” W, 52° 38’ 1.8” N.
High density fixed satellite service systems
7
The establishment, installation and use of wireless telegraphy stations and wireless telegraphy apparatus complying with the publication “IR 2066, UK Interface Requirement 2066, High Density Fixed Satellite Service Systems” , is exempt from the provisions of section 8(1) of the Act, if —
a
it does not cause or contribute to any undue interference to any wireless telegraphy; and
b
use is not airborne.
Ed Richards
Chief Executive of the Office of Communications
For and by authority of the Office of Communications
14th October 2010


text:
Citation, commencement and effect
1
This Order may be cited as the Value Added Tax (Buildings and Land) Order 2010 and shall come into force on 1st of April 2010.
2
Articles 5 and 6 of this Order shall have effect in relation to supplies made on or after 1st April 2010 other than a supply arising from a grant made before 1st April 2010.
Amendment of Schedule 10 to the Value Added Tax Act 1994
3
Schedule 10 to the Value Added Tax Act 1994 is amended as follows.
4
1
In paragraph 10(3) (relevant housing associations) —
a
before paragraph (a) insert —
(za) a private registered provider of social housing,
,
b
omit the words “English or” from paragraph (a).
2
Until the coming into force of provision defining “private registered provider of social housing” in enactments and instruments generally, that expression in paragraph 10(3) of Schedule 10 to the Value Added Tax Act 1994 means persons listed in the register of providers of social housing maintained under Chapter 3 of Part 2 of the Housing and Regeneration Act 2008 who are not local authorities within the meaning of the Housing Associations Act 1985 .
5
After paragraph 15(3) (meaning of “exempt land”: basic definition) insert —
3A
A person (“P”) who —
a
is within paragraph (c) or (d) of sub-paragraph (3) but not within paragraph (a) or (b) of that sub-paragraph, and
b
is in occupation of the land at any time before the end of the relevant adjustment period as respects that land,
is treated for the purposes of sub-paragraph (2) as not in occupation of the land at that time if the building occupation conditions are met at that time.
.
6
After paragraph 15 insert —
Meaning of “exempt land”: the building occupation conditions
15A
1
For the purposes of paragraph 15(3A), the building occupation conditions are met at any time (“the time in question”) if —
a
the grant consists of or includes the grant of a relevant interest in a building, and
b
P does not, at the time in question, occupy —
i
any part of the land that is not a building, or
ii
more than 10% of any relevant building.
2
For the purposes of sub-paragraph (1)(b)(i) and (ii) occupation by a person connected with P is treated as occupation by P.
3
For the purposes of sub-paragraph (1)(b)(i) occupation by a person of —
a
land used for the parking of cars or other vehicles, or
b
land that is within the curtilage of a building,
is disregarded if the occupation is ancillary to the occupation by that person of a building.
4
In sub-paragraph (1)(b)(ii) “relevant building” —
a
means a building any relevant interest in which is included in the grant, but
b
does not include any part of such a building in which, immediately before the grant, neither the grantor nor any person connected with the grantor held a relevant interest.
5
The way in which occupation by a person of a building is measured for the purposes of sub-paragraph (1)(b)(ii) is to be determined in accordance with conditions specified in a public notice .
6
In this paragraph “relevant interest”, in relation to a building or part of a building, means any interest in, right over or licence to occupy the building or part.
7
Sub-paragraphs (4) to (7) of paragraph 18 (meaning of “building”) apply for the purposes of this paragraph.
.
7
In paragraph 23 (revocation of option: the “cooling off” period) omit sub-paragraph (1)(b).
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury


text:
Citation, commencement and application
1
1
These Regulations may be cited as the School Budget Shares (Prescribed Purposes) (England) (Amendment) Regulations 2010.
2
Subject to paragraph (3), these Regulations come into force on 1st March 2010.
3
Regulation 2(3) comes into force on 1st April 2010.
4
These Regulations apply only in relation to England.
Amendment of the School Budget Shares (Prescribed Purposes) (England) Regulations 2002
2
1
The School Budget Shares (Prescribed Purposes) (England) Regulations 2002 are amended as follows.
2
In regulation 3, after sub-paragraph (c) insert —
d
i
the provision of staff, goods, services, accommodation or other resources to a relevant person or body; or
ii
the making of contributions to a fund out of which relevant payments may be made,
for the purposes of arrangements made under section 10 of the Children Act 2004 (co-operation to improve well-being) (“ CA 2004 ”), and in this sub-paragraph “relevant person or body” and “relevant payment” have the meanings given by section 10(11) of CA 2004;
.
3
In regulation 3, after sub-paragraph (d) insert —
e
i
the provision of staff, goods, services, accommodation or other resources ; or
ii
the making of payments towards expenditure incurred,
by, or for purposes connected with the functions of, the Children’s Trust Board for the area in which the school is situated.
.
Vernon Coaker
Minister of State
Department for Children, Schools and Families
2nd February 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export Control (Amendment) (No. 2) Order 2010 and shall come into force on 31st August 2010.
2
In this Order, “the 2008 Order ” means the Export Control Order 2008 .
Amendments to the 2008 Order related to stricter export and trade controls, etc. , military goods, etc. and UK controlled dual-use goods, etc.
2
For Schedules 1, 2 and 3 to the 2008 Order, substitute the replacement Schedules 1, 2 and 3 set out in the Schedule to this Order.
Amendments to the 2008 Order related to Eritrea arms embargo
3
In Schedule 4 to the 2008 Order —
a
in Part 2, at the appropriate place insert “Eritrea”;
b
in Part 4, omit “Eritrea”.
Mark Prisk
Minister of State for Business and Enterprise
Department for Business, Innovation and Skills
4th August 2010


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Designation of Approval Marks) (Amendment) Regulations 2010 and come into force on 23rd March 2010.
Amendment of Regulations
2
The Motor Vehicles (Designation of Approval Marks) Regulations 1979 are amended as follows.
Amendment to Schedule 2 (Approval marks required by ECE Regulations – List)
3
In Schedule 2 after item 30A insert —
“30B E11 012439 S Pneumatic tyre for motor vehicles and their trailers. The tyre 117 16th October 1995 1, 2 and 20”
Amendment to Schedule 3 (Approval marks required by ECE Regulations – Requirements and permitted variations)
4
After paragraph 19, add —
20
In relation to the marking prescribed at item 30B, the suffix “S” shall be added to the number mentioned in paragraph 2 above to show that the tyre complies with the requirements on tyre rolling noise sound emissions in the ECE Regulation referred to in column (5) of Schedule 2.
.
Amendment to Schedule 4 (Approval marks required by Community Instruments List)
5
1
In Schedule 4 is amended as follows.
2
In item 33 —
a
In column 5(a), add at the end “as amended by Directive 2001/43/ EC of 27 June 2001”; and
b
In column 5(b), at the end insert “and O.J. L211, 4.8.2001, p.25”.
Amendment to Schedule 5 (Approval marks required by Community Instruments Requirements and variations)
6
At the end of paragraph 15 of Schedule 5, insert —
The suffix “-s” shall be added to the number to show that the tyre complies with the noise emission requirements in Annex V of the Community Instrument referred to in column (5) of Schedule 4.
Signed by authority of the Secretary of State
Sadiq Khan
Minister of State
Department for Transport
9th February 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 2010 and shall come into force on 1st July 2010.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the National Health Service Act 2006;
“the 2007 Act ” means the Local Government and Public Involvement in Health Act 2007 ;
“dissolution order” means an order under paragraph 28 of Schedule 4 to the Act (dissolution of NHS trusts) dissolving an NHS trust;
“establishment order” means an order under section 25(1) of the Act (NHS trusts) establishing an NHS trust;
“local authority” means a local authority within the meaning of section 229(1) of the 2007 Act (interpretation);
“local involvement network” means a person who, in pursuance of arrangements made under section 221(1) of the 2007 Act, is to carry on activities specified in section 221(2) of that Act (activities relating to involvement in health services and social services);
“relevant local involvement network” means a local involvement network for a local authority in whose area is situated —
in a case where the Secretary of State is considering making an establishment order, any hospital or other establishment or facility which would be managed by the NHS trust to be established; or
in any other case, any hospital or other establishment or facility managed by the NHS trust in respect of which the order is to be made;
“staff interests” means such persons or bodies as the NHS trust which is to be dissolved may recognise as representing persons who are employed by or for the purposes of that NHS trust, and who are, in its opinion, likely to be affected by a transfer order;
“the Schedule” means Schedule 4 to the Act (NHS trusts established under section 25);
“transfer order” means an order under paragraph 29 of the Schedule (transfers from dissolving NHS trusts) transferring or providing for the transfer of property, liabilities and staff of an NHS trust.
Consultation relating to orders under section 25 of the Act and dissolution orders
2
1
For the purposes of section 25(3) of the Act (NHS trusts), the prescribed consultation which must be completed before the Secretary of State may make an establishment order is consultation by the Secretary of State with each relevant local involvement network.
2
Subject to paragraphs (3) and (4), for the purposes of section 25(3) of the Act, the prescribed consultation which must be completed before the Secretary of State may make an order under section 25(1) of the Act in relation to an NHS trust, other than an establishment order or an order revoking an establishment order, is consultation by the Secretary of State with that NHS trust.
3
Paragraphs (1) and (2) shall not apply where the order is made following the publication of a final report under section 65I(3) of the Act (final report of trust special administrator) .
4
Paragraph (2) shall not apply where the order to be made under section 25(1) of the Act is an order the only purpose of which is to designate an existing NHS trust as a Care Trust in accordance with section 77(6) of the Act (designation of an existing body as a Care Trust).
5
Subject to regulation 4(3), for the purposes of paragraph 28(3) of the Schedule (dissolution of an NHS trust) , the prescribed consultation which, except in cases of urgency or where the order is made following the publication of a final report under section 65I(3) of the Act, must be completed before the Secretary of State may make a dissolution order is —
a
where the dissolution order is to be made pursuant to paragraph 28(2)(a) of the Schedule (dissolution on the application of the NHS trust concerned), consultation by that NHS trust with each relevant local involvement network; or
b
where the dissolution order is to be made pursuant to paragraph 28(2)(b) of the Schedule (where the Secretary of State considers dissolution to be appropriate in the interests of the health service), consultation by the Secretary of State with each relevant local involvement network.
6
Where an NHS trust consults a local involvement network in pursuance of paragraph (5)(a), it must report the results of that consultation to the Secretary of State within such period as the Secretary of State may determine.
Consultation relating to transfer orders
3
1
Subject to regulation 4(3), for the purposes of paragraph 29(4) of the Schedule (transfer of property and liabilities on dissolution of an NHS trust), the prescribed consultation which must be completed before the Secretary of State may make a transfer order is —
a
where the dissolution order in respect of that NHS trust is to be made pursuant to paragraph 28(2)(a) of the Schedule, consultation by that NHS trust with each relevant local involvement network and staff interests; or
b
where the dissolution order in respect of that NHS trust is to be made pursuant to paragraph 28(2)(b) of the Schedule, consultation by the Secretary of State with each relevant local involvement network and staff interests.
2
Where an NHS trust consults a local involvement network in pursuance of paragraph (1)(a), it must report the results of that consultation to the Secretary of State within such period as the Secretary of State may determine.
Combined and joint consultations
4
1
Where a dissolution order and a transfer order are to be made in respect of an NHS trust, the consultation required by regulation 2(5) may be combined with the consultation required by regulation 3(1).
2
Where a dissolution order and a transfer order are to be made in respect of two or more NHS trusts, on the application of the NHS trusts concerned, the consultation prescribed by regulations 2(5)(a) and 3(1)(a) may be undertaken jointly by those trusts.
3
Where the Secretary of State proposes to make —
a
a dissolution order;
b
an establishment order; and
c
a transfer order transferring the property and liabilities of the NHS trust to be dissolved by that dissolution order to the NHS trust to be established by that establishment order,
the prescribed consultation for the purposes of paragraphs 28(3) and 29(4) of the Schedule is consultation by the Secretary of State with, respectively, each relevant local involvement network and each relevant local involvement network and staff interests.
4
The consultation required by paragraph (3) may be combined with each other and with the consultation required by regulation 2(1).
5
Paragraphs (3) and (4) shall not apply where the orders are to be made following the publication of a final report under section 65I(3) of the Act in respect of the NHS trust to be dissolved.
Revocation
5
The following Regulations are revoked in so far as they relate to England —
a
the National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 1996 ; and
b
regulation 9 of the Care Trusts (Applications and Consultation) Regulations 2001 (amendment of the National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 1996) .
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State,
Department of Health
10th March 2010


text:
Citation
1
This Order may be cited as the UK Borders Act 2007 (Commencement No. 6) Order 2010.
Commencement
2
Section 24 (seizure of cash) of the UK Borders Act 2007 shall come into force on 1 st April 2010.
Phil Woolas
Minister of State
Home Office
4th March 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Agricultural Holdings (Units of Production) (England) Order 2010 and comes into force on 7th November 2010.
2
In this Order —
“Council Regulation 73/2009” means 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, and amending and repealing certain Regulations ;
“disadvantaged land” (except in the expression “severely disadvantaged land”) means any area of land shown coloured blue on the England LFA maps;
“eligible hectare” is to be construed in accordance with Article 34(2) of Council Regulation 73/2009;
“the England LFA maps” means the four volumes of maps entitled “Less Favoured Area Map of England 2009”, each volume being marked with the number of the volume, dated 29th January 2010, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, Horseferry Road, London SW1P 2AL;
“less favoured area” means any area of land shown coloured blue or pink on the England LFA maps;
“moorland” means all the land that is —
severely disadvantaged land, and
shown coloured brown in the three volumes of maps entitled “Moorland Map of England 2009”, each volume being marked with the number of the volume, dated 29th January 2010, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, Horseferry Road, London SW1P 2AL; and
“severely disadvantaged land” means any area of land shown coloured pink on the England LFA maps.
Assessment of productive capacity of land
2
1
Paragraphs (2) and (3) have effect for the purpose of the assessment of the productive capacity of a unit of agricultural land situated in England, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of paragraph 3(1) of Schedule 6 to the Agricultural Holdings Act 1986.
2
Where the land in question is capable, when farmed under competent management, of being used to produce any livestock, farm arable crop, outdoor horticultural crop or fruit as is mentioned in any of the entries 1 to 3 in column 1 of the Schedule to this Order, then —
a
the unit of production prescribed in relation to that use of the land is the unit in the entry in column 2 of that Schedule opposite to that entry, and
b
the amount determined, for the period of 12 months beginning with 7th November 2010, as the net annual income from that unit of production in that period is the amount in the entry in column 3 of that Schedule opposite to that entry as read with any relevant note to that Schedule.
3
Where land capable, when farmed under competent management, of producing a net annual income is the subject of payments of hill farm allowance (see column 1 of entry 4 of the Schedule to this Order), or was an eligible hectare in 2009 (see column 1 of entry 5), then —
a
the unit of production prescribed in relation to that use of the land is the unit in the entry in column 2 of that Schedule opposite to that entry, and
b
the amount determined, for the period of 12 months beginning with 7th November 2010, as the net annual income from that unit of production in that period is the amount in the entry in column 3 of that Schedule opposite to that entry.
Revocation
3
The Agricultural Holdings (Units of Production) (England) Order 2009 is revoked.
Jim Paice
Minister of State
Department for Environment, Food and Rural Affairs
14th October 2010


text:
Citation
1
This Order may be cited as the Coroners and Justice Act 2009 (Commencement No. 3 and Transitional Provision) (Amendment) Order 2010.
Amendment
2
In the Schedule to the Coroners and Justice Act 2009 (Commencement No. 3 and Transitional Provision) (Amendment) Order 2010 in paragraph 27(a) omit the reference to the Criminal Justice Act (Northern Ireland) 1966 .
Paul Goggins
Minister of State
Northern Ireland Office
29th January 2010


text:
Citation and commencement
1
This order may be cited as the Civil Enforcement of Parking Contraventions Designation (No. 3) Order 2010 and comes into force on 5th July 2010.
Designation of civil enforcement areas and special enforcement areas under the Traffic Management Act 2004
2
1
The Secretary of State designates each of the areas mentioned in paragraph (2) as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
2
Those areas are —
a
the part of the area of The North East Lincolnshire Borough Council specified in Schedule 1; and
b
the part of the area of The West Sussex County Council specified in Schedule 2.
Signed by authority of the Secretary of State
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
2nd June 2010


text:
Citation and commencement
1
These Regulations may be cited as the Infrastructure Planning (Decisions) Regulations 2010 and shall come into force on 1st March 2010.
Interpretation
2
In these Regulations —
“ the Act ” means the Planning Act 2008;
“application” means an application under the Act for an order granting development consent;
“conservation area” means an area for the time being designated under section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (designation of conservation areas) and in Scotland under section 61 of the Planning (Listed Buildings and Conservations Areas)(Scotland) Act 1997 ;
“hazardous substances” are those defined as such by regulation 3 of the Planning (Hazardous Substances) Regulations 1992 and in Scotland by regulation 3 of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993 ;
“listed building” has the same meaning as that given by section 1 of the Planning (Listed Building and Conservation Areas) Act 1990 (listing of buildings of special architectural or historic interest) and in Scotland in section 1 of the Planning (Listed Buildings and Conservations Areas) (Scotland) Act 1997; and
“scheduled monument” means a monument included in the schedule of monuments compiled by the Secretary of State under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 .
Listed buildings, conservation areas and scheduled monuments
3
1
When deciding an application which affects a listed building or its setting, the decision-maker must have regard to the desirability of preserving the listed building or its setting or any features of special architectural or historic interest which it possesses.
2
When deciding an application relating to a conservation area, the decision-maker must have regard to the desirability of preserving or enhancing the character or appearance of that area.
3
When deciding an application for development consent which affects or is likely to affect a scheduled monument or its setting, the decision-maker must have regard to the desirability of preserving the scheduled monument or its setting.
Deemed consents under section 34 of the Coast Protection Act 1949
4
1
This regulation applies in relation to an application where the decision-maker is considering whether to include in an order granting development consent a provision deeming consent under section 34 of the Coast Protection Act 1949 to have been given, by virtue of section 148 of the Act.
2
When deciding an application to which this regulation applies, the decision-maker must have regard to —
a
whether the development (whether being carried out or subsequently) causes or is likely to result in obstruction or danger to navigation; and if so,
b
the nature and extent of any such obstruction or danger to navigation.
Deemed licences under the Food and Environment Protection Act 1985
5
1
This regulation applies in relation to an application where the decision-maker is considering whether to include in an order granting development consent a provision deeming a licence to have been issued under Part 2 of the Food and Environment Protection Act 1985 , by virtue of section 149 of the Act.
2
When deciding an application to which this regulation applies, the decision-maker must have regard to the need to —
a
protect the marine environment, the living resources which it supports and human health; and
b
prevent interference with legitimate uses of the sea.
3
Without prejudice to the generality of paragraph (2), where it appears to the decision-maker that the application has been made with the view to the disposal of substances or articles, the decision-maker must have regard to the practical availability of any alternative methods of dealing with those substances or articles.
Hazardous substances
6
When deciding an application in respect of development that would involve the presence of a hazardous substance on, over or under land to which section 12(2B) of the Planning (Hazardous Substances) Act 1990 applies (deemed hazardous substances consent: government authorisation) or for Scotland to which section 10(2B) of the Planning (Hazardous Substances) (Scotland) Act 1997 applies, the decision-maker must have regard to —
a
any current or contemplated use of the land to which the application relates;
b
the way in which other land in the vicinity is being used or is likely to be used; and
c
any planning permission or development consent that has been granted for development of that other land in the vicinity.
Biological diversity
7
When deciding an application for development consent the Panel or Council must have regard to the United Nations Environmental Programme Convention on Biological Diversity of 1992 and where the application is for development in Scotland the decision-maker must also have regard to any strategy designated under section 2(1) of the Nature Conservation (Scotland) Act 2004 .
Signed by authority of the Secretary of State
Ian Austin
Parliamentary Under Secretary of State
Department for Communities and Local Government
11th February 2010