type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009 and shall come into force on the 1st April 2009.
2
In this Order,
“the 2005 Act ” means the Mental Capacity Act 2005 ; and
“ the Act ” means the Mental Health Act 2007.
Appointed day
2
The 1st April 2009 is the day appointed for the coming into force of the following provisions of the Act —
a
section 30 (independent mental health advocates), in so far as it applies to England and is not already in force;
b
section 50 (deprivation of liberty) in so far as not already in force;
c
Schedule 7 (which inserts new Schedule A1 into the 2005 Act) in so far as not already in force;
d
Schedule 8 (which inserts new Schedule 1A into the 2005 Act);
e
Schedule 9 (which makes other amendments to the 2005 Act and to other Acts) in so far as not already in force; and
f
Part 10 (deprivation of liberty) of Schedule 11 and in so far as it relates to that Part, section 55 (repeals and revocations) of the Act.
Schedule
3
The Schedule to this Order, which makes transitional provisions shall have effect.
Signed by authority of the Secretary of State for Health.
Phil Hope
Minister of State,
Department of Health
29th January 2009


text:
Citation, commencement and interpretation
1
1
This Order —
a
may be cited as the Marine and Coastal Access Act 2009 (Commencement No.1 and Transitional Provisions) Order 2009, and
b
comes into force on 12th January 2010.
2
In this Order, “ the Act ” means the Marine and Coastal Access Act 2009.
Appointed day
2
1
The Schedule (provisions coming into force on 12th January 2010) has effect.
2
The day appointed for the coming into force of the provisions of the Act referred to in the Schedule is 12th January 2010.
Transitional provisions
3
1
Nothing in section 205 of the Act (increase in penalties for certain offences relating to fisheries for shellfish) applies in relation to an offence committed before that section comes into force.
2
Nothing in section 206 of the Act (liability of master, etc where vessel used in commission of offence) applies in relation to an offence committed before that section comes into force.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
16th December 2009


text:
Citation, commencement and extent
1
1
This Order may be cited as the Scottish Parliamentary Pensions Act 2009 (Consequential Modifications) Order 2009 and shall come into force on 1st September 2009.
2
This Order extends to England and Wales and Scotland.
Modifications
2
The modifications specified in the Schedule shall have effect.
ANN McKECHIN
Parliamentary Under Secretary of State Scotland Office
Ministry of Justice
Dover House, Londson
2nd July 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Criminal Justice and Public Order Act 1994 (Application to the Armed Forces) Order 2009, and shall come into force on 31st October 2009.
2
In this Order —
“the Act” means the Criminal Justice and Public Order Act 1994;
“the 1997 Order” means the Criminal Justice and Public Order Act 1994 (Application to the Armed Forces ) Order 1997 ; and
“the 2006 Order” means the Criminal Justice and Public Order Act 1994 (Application to the Armed Forces) Order 2006 .
3
For the purposes of this Order any reference to a person being charged with an offence in the provisions of the Act specified in column 1 of Schedule 1 has the same meaning as in Part 5 of the Armed Forces Act 2006 .
Application of the Act
2
1
The provisions of the Act which are specified in column 1 of Schedule 1 shall apply to the proceedings to which this Order applies, subject to the modifications specified in column 2 of that Schedule.
2
This Order applies to proceedings before the —
a
Service Civilian Court;
b
Summary Appeal Court;
c
Court Martial; and
d
Court Martial Appeal Court.
3
Schedule 2 sets out sections 34 to 38 of the Act as modified by the provisions of this Order, as they apply to the proceedings specified at paragraph (2).
Revocation
3
The 1997 Order and the 2006 Order are revoked.
Transitional and transitory provisions
4
1
In relation to any time before commencement references in the Act as applied by this Order to an accused’s being charged with a service offence are to be read as references to an allegation of an offence being reported to the accused’s commanding officer in the form of a charge under section 76(1) of the Army Act 1955 , section 76(1) of the Air Force Act 1955 or section 52B(1) of the Naval Discipline Act 1957 .
2
In this article “commencement” means the date on which this Order comes into force.
5
Until paragraph 5 of Schedule 11 to the Constitutional Reform Act 2005 comes into force the modification to section 38(1) of the Act in column 2 of Schedule 1 that refers to the Court of Judicature of Northern Ireland is to be read as a reference to the Supreme Court of Northern Ireland.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
14th April 2009


text:
Citation, commencement and application
1
1
These Regulations —
a
may be cited as the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2009, and
b
come into force on 10th February 2009.
2
These Regulations apply in relation to authorities in England only .
3
These Regulations apply in relation to the financial year beginning on 1st April 2009.
Interpretation
2
In these Regulations —
“the 1992 Act ” means the Local Government Finance Act 1992; and
“the 1999 Act ” means the Greater London Authority Act 1999.
Budget requirement (billing authorities) – calculation
3
Section 32 of the 1992 Act has effect as if —
a
in subsection (3)(a) , the words “or relevant special grant” were omitted;
b
for subsection (12) there were substituted the following subsection —
12
In this section and section 33 below “police grant” means the grant payable in accordance with column (a) of paragraph 3.1 of the Police Grant Report (England and Wales) 2009/10 approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996 on 4th February 2009.
; and
c
after subsection (12) there were inserted the following subsection —
12A
In this section and section 33 below —
a
references to sums payable for the financial year in respect of redistributed non-domestic rates are references to sums so payable in accordance with the Local Government Finance Report (England) 2009/2010 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 4th February 2009 2009, and
b
references to sums payable for the financial year in respect of revenue support grant are references to sums so payable in accordance with that report.
.
Basic amount of council tax (billing authorities) - calculation
4
Section 33(1) of the 1992 Act has effect as if the words “or relevant special grant” in item P were omitted.
Budget requirement (major precepting authorities other than the Greater London Authority) - calculation
5
Section 43 of the 1992 Act has effect as if —
a
in subsection (3)(a)(i) , the words “, relevant special grant” were omitted; and
b
for subsection (6A) there were substituted the following subsection —
6A
In this section and section 44 below —
a
“police grant” has the meaning given by section 32(12) above, and
b
references to sums payable for the financial year in respect of redistributed non-domestic rates or revenue support grant are to be construed in accordance with section 32(12A) above.
.
Basic amount of council tax (major precepting authorities other than the Greater London Authority) - calculation
6
Section 44(1) of the 1992 Act has effect as if the words “, relevant special grant” in item P were omitted.
Budget requirement (Greater London Authority) - calculation
7
Section 85 of the 1999 Act has effect as if —
a
in subsection (5)(a)(i) , the words “relevant special grant,” were omitted; and
b
after subsection (9) there were added the following subsection —
9A
In subsection (5)(a) —
a
the reference to sums payable for the financial year in respect of redistributed non-domestic rates is a reference to sums so payable in accordance with the Local Government Finance Report (England) 2009/2010 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 4th February 2009, and
b
the reference to sums payable for the financial year in respect of revenue support grant is a reference to sums so payable in accordance with that report.
.
Basic amount of council tax (Greater London Authority) - calculation
8
Section 88 of the 1999 Act has effect as if —
a
in subsection (2) , in the definition of P1, paragraph (e) and the word “and” preceding it were omitted; and
b
in subsection (4) , paragraph (d) and the word “and” preceding it were omitted.
Additional calculation: special item for part of Greater London
9
Section 89 of the 1999 Act has effect as if —
a
in subsection (4) , in the definition of P2, paragraph (f) and the word “and” preceding it were omitted; and
b
in subsection (6) , paragraph (e) and the word “and” preceding it were omitted.
Interpretation of Chapter 1 of Part 3 of the 1999 Act
10
Section 99 of the 1999 Act has effect as if the definition of “relevant special grant” were omitted.
Distribution of grants by the Greater London Authority
11
Section 102 of the 1999 Act has effect as if —
a
in subsection (2) , paragraph (c) were omitted; and
b
for subsection (8) there were substituted the following subsection —
8
In this section —
a
the reference to sums received for the financial year in respect of redistributed non-domestic rates is a reference to sums so received in consequence of the Local Government Finance Report (England) 2009/2010 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 4th February 2009, and
b
the reference to sums received for the financial year in respect of revenue support grant is a reference to sums so received in consequence of that report.
.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
5th February 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health in Pregnancy Grant (Notices, Revisions and Appeals) Regulations 2009 and shall come into force on the 6th April 2009.
2
In these Regulations —
“the Administration Regulations ” means the Health in Pregnancy Grant (Administration) Regulations 2008 ;
“appeal” means an appeal under section 12 of the 1998 Act or under Article 14 of the 1998 Order ;
“appropriate office” means the Health in Pregnancy Grant Office, Waterview Park, Washington, Tyne and Wear, England;
“claimant” means a person who has claimed health in pregnancy grant;
“ the Commissioners ” means the Commissioners for Her Majesty’s Revenue and Customs;
“the Entitlement Regulations ” means the Health in Pregnancy Grant (Entitlement and Amount) Regulations 2008 ;
“health in pregnancy grant decision” means a decision in respect of health in pregnancy grant under either section 8 of the 1998 Act or Article 9 of the 1998 Order;
“month” means calendar month;
“the 1998 Act” means the Social Security Act 1998;
“the 1998 Order” means the Social Security (Northern Ireland) Order 1998;
“official error” means an error made by an officer of Her Majesty’s Revenue and Customs acting as such, or a person providing services to the Commissioners; but does not include an error of law which is shown to have been an error by virtue of a subsequent decision of any Tribunal or Court;
“partner” has the meaning under regulation 1(2) of the Administration Regulations;
“Tribunal” means an appeal tribunal constituted under the Tribunals, Courts and Enforcement Act 2007 , or, in relation to Northern Ireland, a tribunal constituted under the Northern Ireland Order;
“ Tribunal Procedure Rules ” means the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 .
Notice of decision and right of appeal
2
1
A person with a right of appeal against a health in pregnancy grant decision must —
a
be given written notice of the decision;
b
be informed that, in a case where that written notice does not include a statement of the reasons for that decision, that person may, within one month of the notification of that decision, request that the Commissioners provide them with a written statement of the reasons for that decision; and
c
be given written notice of the right of appeal against that decision.
2
If the Commissioners are requested under paragraph (1)(b) to provide a written statement of the reasons for the decision, they shall provide the statement within 14 days of notification of the request or as soon as practicable afterwards.
3
Where —
a
any notice or other document is required to be given or sent to the Commissioners, that notice or document shall be treated as having been so given or sent on the day that it is received by the Commissioners; and
b
any notice, including notification of a health in pregnancy grant decision, or other document is required to be given or sent to any person other than the Commissioners, that notice or document shall, if sent by post to that person’s last known address, be treated as having been given or sent on the day that it was posted.
Grounds for revision of decisions
3
1
A health in pregnancy grant decision may be revised by the Commissioners on any grounds if —
a
the Commissioners commence action leading to the revision within one month of the date of notification of the decision; or
b
a request for the revision was received by the Commissioners at an appropriate office —
i
within one month of the date of notification of the decision; or,
ii
if a written statement of the reasons for the decision was requested under regulation 2(1)(b), within one month of the date that it is sent.
2
Paragraph (1)(b) is subject to regulation 5.
3
Where the decision on health in pregnancy grant arose from official error, or ignorance of, or mistake as to, material fact, it may be revised by the Commissioners at any time. In this case, “decision” includes a revised decision.
Procedure for revision of decisions
4
1
The Commissioners may request by notice further evidence or information as regards any revision under regulation 3.
2
On a request for further evidence or information in relation to a request for revision from a claimant —
a
if the claimant provides relevant further evidence or information within one month of the date of notification or such longer period of time as the Commissioners may allow, the decision may be revised;
b
if the claimant does not provide such evidence or information within that time, the decision may be revised on the basis of the request for revision.
3
The date on which a revised decision is to take effect is the date on which the claimant is notified of the revised decision, and regulation 2(3)(b) applies to the notification of the revised decision.
Appeals against decisions which have been revised
5
Where a health in pregnancy grant decision has been appealed and is subsequently revised by the Commissioners, unless the revision resulted in an award of health in pregnancy grant —
1
the appeal shall be treated as though it had been brought against the decision as revised;
2
The claimant shall have a period of one month from the date of notification of the decision as revised to make further representations as to the appeal;
3
After the expiration of the period specified in paragraph (2), or within that period if the claimant consents in writing, the appeal shall proceed unless, in the light of further representations from the claimant, the Commissioners further revise their decision, resulting in an award of health in pregnancy grant.
Late applications for revision of decisions
6
1
The Commissioners may extend the time limits specified in regulation 3(1)(b) if —
a
an application for an extension of time is made to the Commissioners by the claimant or a person acting on her behalf; and
b
the application for the extension of time —
i
contains particulars of the grounds on which the extension is sought;
ii
contains sufficient details of the decision which it is sought to have revised so as to enable it to be identified; and
iii
is made within 12 months of the latest date by which an application should have been received by the Commissioners in accordance with regulation 3(1)(b).
2
An application for an extension of time shall not be granted unless the Commissioners are satisfied that —
a
it is reasonable to grant it; and
b
special circumstances apply.
3
The special circumstances specified in paragraph (2) are that —
a
the claimant or her partner or a dependant of the claimant has died or suffered serious illness;
b
the claimant is not resident in the United Kingdom; or
c
normal postal services were disrupted.
4
In determining whether it is reasonable to grant an application for an extension of time, the Commissioners must have regard to the principle that the greater the amount of time that has elapsed between the expiration of the time limits specified in regulation 3(1)(b) and the making of the application the more compelling the special circumstances in (3) must be .
5
In determining whether it is reasonable to grant an application for an extension of time, the Commissioners may take no account of the following —
a
that the claimant or any person acting for her was unaware of or misunderstood the law applicable to her case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or
b
that any tribunal or Court has taken a different view of the law from that previously understood and applied.
6
An application for an extension of time which has been refused may not be renewed.
Time within which an appeal is to be brought
7
1
Where an appeal lies from a health in pregnancy grant decision, the time within which that appeal must be brought is —
a
within one month of notification of the decision or revised decision; or
b
if a written statement of the reasons for the decision was requested under regulation 2(1)(b), within one month of the date of notification.
2
If a dispute arises as to whether an appeal was brought within the time limit specified in this regulation, the dispute must be referred to, and be determined by, the Tribunal.
3
The time limit specified in paragraph (1) for bringing an appeal may be extended —
a
by the Commissioners in accordance with regulation 8; or
b
by the Tribunal, in Northern Ireland, in accordance with the Tribunal Procedural Rules.
Late appeals to the Tribunal
8
1
The Commissioners may treat a late appeal as made in time if the conditions in paragraphs (2) to (6) are satisfied.
2
An appeal may be treated as made in time if the Commissioners are satisfied that it is in the interests of justice to do so.
3
For the purposes of paragraph (2) it is not in the interests of justice to treat the appeal as made in time unless the Commissioners are satisfied that —
a
the special circumstances specified in paragraph (4) are relevant; or
b
some other special circumstances exist which are wholly exceptional and relevant,
and as a result of those special circumstances, it was not practicable for the appeal to be made within the time limit specified in regulation 7.
4
For the purposes of paragraph (3), the special circumstances are that —
a
the claimant or her partner or a dependant of the claimant has died or suffered serious illness;
b
the claimant is not resident in the United Kingdom; or
c
normal postal services were disrupted.
5
In determining whether it is in the interests of justice to treat the appeal as made in time, regard shall be had to the principle that the greater the amount of time that has elapsed between the expiration of the time limit under regulation 7 and the submission of the notice of appeal, the more compelling should be the special circumstances.
6
In determining whether it is in the interests of justice to treat the appeal as made in time, no account shall be taken of the following —
a
that the claimant or any person acting for her was unaware of or misunderstood the law applicable to her case (including ignorance or misunderstanding of the time limits imposed by regulation 7); or
b
that any Tribunal or a court has taken a different view of the law from that previously understood and applied.
Decisions against which no appeal lies
9
There is to be no appeal against a decision on health in pregnancy grant on the following grounds —
a
a decision of the United Kingdom Border Agency relating to a person’s immigration status;
b
a decision of the Commissioners under paragraph 12(3)(i) of the Administration Regulations to permit a person to act on behalf of a claimant who is unable to act;
c
the amount of health in pregnancy grant.
Appeals procedure
10
1
A notice of appeal shall be —
a
made, in Northern Ireland, in accordance with Tribunal Procedure Rules;
b
on a form approved by the Commissioners; and
c
sent or delivered to an appropriate office.
2
Where a form does not contain the information required under the Tribunal Procedure Rules, the form may be returned by Commissioners to the sender for completion in accordance with the Tribunal Procedure Rules.
3
Where a notice of appeal made in writing otherwise than on the approved form does not include sufficient information to enable the appeal to continue, the Commissioners may request further information in writing (“further particulars”) from the claimant.
4
Where a claimant to whom a notice of appeal is returned, or from whom further particulars are requested, duly completes and returns the notice or sends the further particulars, if the notice or particulars, as the case may be, are received by the Commissioners within —
a
14 days of the date on which the notice was returned to her by the Commissioners, the time for making the appeal shall be extended by 14 days from the date on which the notice was returned;
b
14 days of the date on which the Commissioners’ request was made, the time for making the appeal shall be extended by 14 days from the date of the request; or
c
such longer period as the Commissioners may direct, the time for making the appeal shall be extended by a period equal to that longer period directed by the Commissioners.
5
Where a claimant to whom a notice of appeal is returned or from whom further particulars are requested does not complete and return the notice or send further particulars within the period of time identified under paragraph (4) —
a
the Commissioners shall forward a copy of the notice, together with any other relevant documents or evidence to the Tribunal, and
b
the Tribunal, in Northern Ireland, shall determine whether the notice satisfies the requirements of Tribunal Procedure Rules.
6
Where —
a
a notice of appeal is duly completed and returned or further particulars are sent after the expiry of the period of time allowed in accordance with paragraph (4), and
b
no determination has been made under paragraph (5) at the time the form or the further particulars are received by the Commissioners,
that notice or further particulars shall also be forwarded to the Tribunal which shall take into account any further information or evidence set out in the form or further particulars.
7
The Commissioners may discontinue action on an appeal where —
a
the notice of appeal has not been forwarded to the Tribunal and the claimant or an authorised representative of the claimant has given written notice that she does not wish the appeal to continue; or
b
the decision against which the appeal was made has been revised by the Commissioners in favour of the claimant.
Death of a party to an appeal
11
1
On the death of the claimant, the Commissioners may appoint such person as they think fit to proceed with the appeal in her place.
2
If a person appointed under paragraph (1) has, prior to the date of such appointment, taken any action in relation to the appeal on behalf of the deceased party, the effective date of appointment by the Commissioners shall be the day immediately prior to the first day on which such action was taken.
Dave Hartnett
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
16th March 2009


text:
Citation and commencement
1
These Regulations may be cited as the Pension Protection Fund (Entry Rules) (Amendment) Regulations 2009 and shall come into force on 21st July 2009.
Amendment of the Pension Protection Fund (Entry Rules) Regulations 2005
2
Regulation 15 of the Pension Protection Fund (Entry Rules) Regulations 2005 (directions) is amended as follows —
a
at the beginning insert “(1)”, and
b
at the end add —
2
The amendment of the scheme rules is prescribed as a matter for the purposes of section 134(2) of the Act.
.
Signed by the authority of the Secretary of State for Work and Pensions.
Angela Eagle.
Minister of State,
Department for Work and Pensions
23rd June 2009


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) Regulations 2009 and shall come into force on 31st December 2009.
Amendments to the Non-Domestic Rating Contributions (England) Regulations 1992
2
The Non-Domestic Rating Contributions (England) Regulations 1992 are amended as follows in relation to financial years beginning on or after 1st April 2010.
Rules for the calculation of non-domestic rating contributions
3
In Schedule 1 —
a
for paragraph 1(4) substitute —
4
A special authority’s non-domestic rating contribution for the financial year beginning on 1st April 2010 shall be the amount calculated under sub-paragraph (2) less £10 million.
; and
b
in paragraph 4(4), for “2009” substitute “2010”.
Assumptions relating to provisional amounts
4
In Schedule 2 —
a
in paragraph 2(12), for “0.991” substitute “0.986”; and
b
for the table in paragraph 8(1) substitute —
Name or description of authority Percentage
The council of a metropolitan district 1.2 The council of a non-metropolitan district which has the functions of a county council, the council of a county which has the functions of a district council and the Council of the Isles of Scilly 0.9 The council of a non-metropolitan district which does not have the functions of a county council 0.6 The council of an inner London borough and the Common Council of the City of London 0.9 The council of an outer London borough 1.3
.
Signed by authority of the Secretary of State for Communities and Local Government
Barbara Follett
Parliamentary Under Secretary of State
Department for Communities and Local Government
24th November 2009


text:
Citation and commencement
1
These Regulations may be cited as the Armed Forces (Enlistment) Regulations 2009 and shall come into force on 31st October 2009.
Interpretation
2
1
In these Regulations —
a
except in the Schedule, references to a recruiting officer are to a person appointed under regulation 3; and
b
references to an approving officer, in relation to a recruiting officer, are to any other recruiting officer.
2
References in these Regulations to an enlistment paper are to a document which contains, in a form from time to time approved by or on behalf of the Defence Council —
a
the questions to be put, by or on the direction of a recruiting officer, to a person offering to enlist in the regular forces;
b
the terms of the declaration to be signed by such a person; and
c
the terms in which the recruiting officer enlisting a person is to attest his enlistment.
3
References in these Regulations to the terms on which a person enlists or offers to enlist in the regular forces are to the term and type of service for which, and any conditions on which, he so enlists or offers so to enlist.
4
A person enlists in the regular forces when —
a
an enlistment paper prepared in relation to him states the terms on which he offers so to enlist, and
b
at the request of and in the presence of a recruiting officer, he signs the declaration in the enlistment paper,
and references in these Regulations to a person’s enlistment, and to an enlisted person, are to be construed accordingly.
Recruiting officers
3
1
Enlistment of persons in the regular forces shall be undertaken by recruiting officers.
2
The Defence Council may appoint —
a
any British consul-general, consul or vice-consul, or
b
any person duly exercising the authority of a British consul,
in a country or territory of which Her Majesty is not head of state, to be a recruiting officer.
3
The Naval Secretary, the Director of Manning (Army) or the Air Secretary, or any officer on any of their staffs not below the rank of naval captain, colonel or group captain, may appoint an officer to be a recruiting officer.
4
A recruiting officer shall hold and vacate office in accordance with the terms of his appointment.
Minimum age for enlistment
4
1
A recruiting officer shall not enlist a person under the age of 16.
2
Any purported enlistment of a person under the age of 16 shall be void; but this is subject to paragraph (3).
3
Paragraph (2) does not apply in relation to a person’s enlistment if the recruiting officer enlisting him is satisfied, by the production of a certified copy of an entry in the register of births or by any other evidence appearing to him to be sufficient, that the person has reached the age of 16.
4
Where a recruiting officer has attested a person’s enlistment in accordance with regulation 7(5), his attestation shall for the purposes of paragraph (3) be sufficient evidence that he was satisfied that the person had reached the age of 16, unless the contrary is proved.
Consent to enlistment of persons under 18
5
1
Where a person under the age of 18 (“the young person”) offers to enlist in the regular forces and an appropriate person can be identified in relation to him, he shall not be enlisted unless written consent to the enlistment has been given —
a
where he is living with one or more appropriate persons, by each such person;
b
where he is not living with any appropriate person, by such a person.
2
In this regulation references to an appropriate person are to —
a
a person with parental responsibility (within the meaning of the Children Act 1989 or the Children (Northern Ireland) Order 1995 ) for the young person;
b
a person with parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995 ) in relation to the young person; or
c
where there is no such person as is mentioned in sub-paragraph (a) or (b), or after reasonable enquiry it cannot be ascertained whether there is any such person, any person in whose care the young person may be.
Enlistment for general or corps service in the regular army
6
1
A person offering to enlist in the regular army may be enlisted —
a
for service in a particular corps; or
b
for general service (but without prejudice to any power to assign him to a corps).
2
In this regulation “corps” means any such body of the regular army as may from time to time be declared to be a corps by warrant of Her Majesty.
Procedure for enlistment
7
1
This regulation applies where a person (“the recruit”) appears before a recruiting officer and offers to enlist in the regular forces.
2
The recruiting officer shall warn the recruit that if he knowingly gives a false answer to any question put to him he will be liable to proceedings for an offence under regulation 12.
3
The recruiting officer shall then —
a
read, or cause to be read, to the recruit the questions approved by or on behalf of the Defence Council for inclusion in an enlistment paper;
b
satisfy himself that the recruit understands each such question; and
c
record, or cause to be recorded, in an enlistment paper prepared in relation to the recruit, the recruit’s answer to each such question.
4
If —
a
the enlistment paper states the terms on which the recruit offers to enlist, and
b
the recruiting officer is satisfied that the recruit —
i
understands those terms and wishes to enlist in accordance with them, and
ii
is fit to be so enlisted,
the recruiting officer shall then request the recruit to sign the declaration in the enlistment paper.
5
If the recruit signs the declaration, the recruiting officer shall sign the form of attestation in the enlistment paper.
6
The recruiting officer shall then deliver the enlistment paper to an approving officer.
7
Unless the approving officer determines under regulation 8 that the enlistment is invalid, he shall provide the recruit with a certified copy of the enlistment paper on request .
Validity of enlistment
8
1
This regulation applies where a person has enlisted in the regular forces and the recruiting officer has delivered the person’s enlistment paper to an approving officer in accordance with regulation 7(6).
2
The approving officer may determine, on any ground he sees fit, that the person’s enlistment is invalid.
9
1
A person who has enlisted in the regular forces may apply to the Defence Council for a determination that his enlistment is invalid.
2
Where an enlisted person was aged under 18 at the time of his enlistment, any person who —
a
is an appropriate person in relation to the enlisted person, or, where the enlisted person has reached the age of 18, was an appropriate person in relation to him immediately before his 18th birthday, and
b
did not give written consent to the enlistment (whether or not his consent was required under regulation 5),
may apply to the Defence Council for a determination that the enlistment is invalid.
3
In paragraph (2) “appropriate person” has the same meaning as in regulation 5.
4
An application may not be made under this regulation after the later of —
a
the expiry of three months since the enlistment; and
b
the beginning of the enlisted person’s 16th birthday.
5
Where an application is made under this regulation the Defence Council may determine, on any ground they see fit, that the enlistment is invalid.
10
1
This regulation applies where a person’s enlistment is determined under regulation 8 or 9 to be invalid.
2
The person shall be discharged as soon as is practicable, and released from any liability to serve in a reserve force.
3
The person shall be deemed to have been a member of the regular forces since his enlistment, and to be a member of the regular forces until discharged.
4
This regulation is without prejudice to regulation 4(2).
11
1
Unless determined under regulation 8 or 9 to be invalid, or void by virtue of regulation 4(2) or any other enactment, a person’s enlistment shall be deemed valid notwithstanding —
a
any error or omission in the enlistment paper;
b
any failure to comply with any requirement of these Regulations;
c
the making of an application under regulation 9; or
d
any other ground on which, apart from this regulation, the validity of the enlistment could have been challenged.
2
This regulation is without prejudice to the determination of any question as to the terms on which the person was enlisted.
False answers on enlistment
12
1
A person commits an offence if, on appearing before a recruiting officer and offering to enlist in the regular forces, he knowingly gives a false answer to any question approved by or on behalf of the Defence Council for inclusion in an enlistment paper and put to him by or on the direction of the recruiting officer.
2
A person who commits an offence under paragraph (1) shall be liable on conviction by a court of summary jurisdiction in the United Kingdom to a fine not exceeding level 1 on the standard scale.
3
A person who commits an offence under paragraph (1) and enlists in the regular forces is guilty of a service offence and shall be liable to any punishment mentioned in rows 2 to 12 of the Table in section 164 of the Armed Forces Act 2006.
4
If a person is guilty of a service offence by virtue of paragraph (3) but ceases to be subject to service law, he shall not, after the end of six months beginning with the date he ceased to be subject to service law, be charged with that service offence; but this is without prejudice to paragraph (2).
5
Paragraph (4) applies even if the person (again) becomes subject to service law within those six months.
Transitional provisions
13
The Schedule shall have effect.
Kevan Jones
Ursula Brennan
Members of the Defence Council
Ministry of Defence
20th July 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Waste Electrical and Electronic Equipment (Amendment) (No.2) Regulations 2009.
2
These Regulations shall come into force on 31st December 2009.
Amendments to the Waste Electrical and Electronic Equipment (Amendment) Regulations 2009
2
1
The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 are amended as follows.
2
For paragraph 8(2) of the Schedule substitute —
2
For paragraph 2(d) substitute —
d
be provided for EEE intended —
i
for use by private households for each quarter period of a relevant compliance period on or before the last day of the month that immediately follows the end of that quarter period; and
ii
for use by users other than private households on or before the 31st January of the year immediately following the end of the relevant compliance period; and
.
Ian Lucas
Minister for Business and Regulatory Reform,
Department for Business, Innovation and Skills
7th December 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No.12) 2009 and shall come into force on 29th November 2009.
2
These Regulations shall have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 29th November 2009;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer traded securities which are not conditional, in relation to agreements made on or after 29th November 2009;
ii
in the case of agreements to transfer traded securities which are conditional, in relation to agreements where the condition is satisfied on or after that date.
Interpretation
2
1
In these Regulations —
“clearing participant” means a member of Eurex Clearing AG who as such is permitted by the Rules of Eurex Clearing AG to clear transactions made on the Exchange for a traded security and who may or may not also be a participant in the Exchange;
“client” means a person who gives instructions to a non-clearing firm for traded securities to be sold on the Exchange;
“Eurex Clearing AG” is a company registered in Germany which is a recognised clearing house under the Financial Services and Markets Act 2000 ;
“the Exchange” means the Irish Stock Exchange, which is permitted to operate as a recognised investment exchange under Article 36 of the Directive ;
“nominee” means a person whose business is or includes holding trading securities as a nominee for Eurex Clearing AG acting in its capacity as a person providing clearing services in connection with a transaction made on the Exchange, or as a nominee for a clearing participant (as the case may be);
“non-clearing firm” means a participant in the Exchange other than a clearing participant;
“traded securities” means stocks and shares which are issued or raised by a company but does not include stocks and shares issued by a company not incorporated in the United Kingdom unless —
the stocks and shares are registered in a register kept in the United Kingdom by or on behalf of the company; or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a company incorporated in the United Kingdom.
Prescription of recognised investment exchanges and recognised clearing houses
3
For the purpose of sections 116 and 117 of the Finance Act 1991 —
a
The Irish Stock Exchange is prescribed as a recognised investment exchange; and
b
Eurex Clearing AG is prescribed as a recognised clearing house.
Prescribed circumstances for the purposes of sections 116 and 117
4
1
In the circumstances prescribed in this regulation, a charge to stamp duty or stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a transaction made on the Exchange, conditions A and B are met.
3
Condition A is that traded securities of a particular kind are transferred, or agreed to be transferred, from —
a
a clearing participant or a nominee of a clearing participant to another clearing participant or nominee,
b
a non-clearing firm or its client to a clearing participant or a nominee of a clearing participant,
c
a clearing participant or a nominee of a clearing participant to Eurex Clearing AG or to a nominee of that clearing house,
d
a person other than a clearing participant to Eurex Clearing AG or to a nominee of that clearing house, as a result of a failure by a clearing participant to fulfil his obligations in respect of the transaction concerned to transfer traded securities to Eurex Clearing AG or to a nominee of that clearing house, or
e
Eurex Clearing AG or a nominee of that clearing house to a clearing participant or a nominee of a clearing participant.
4
Condition B is that the person to whom those securities are agreed to be transferred under any of the agreements specified in paragraph (3) (“the relevant agreement”) is required on receipt of those securities to transfer traded securities under a matching agreement to another person or, in the case of an agreement falling within paragraph (3)(d), would have been so required if the failure referred to in that paragraph had not occurred.
5
In this regulation —
a
a “matching agreement” means an agreement under which —
i
the traded securities agreed to be transferred are of the same kind as the traded securities agreed to be transferred under the relevant agreement, and
ii
the number and transfer price of the traded securities agreed to be transferred are identical to the number and transfer price of the traded securities agreed to be transferred under the relevant agreement;
b
references to Eurex Clearing AG are references to that clearing house in its capacity as a person providing clearing services in connection with a transaction made on the Exchange;
c
references to a clearing participant are references to a clearing participant in his capacity as such.
Consequential provision
5
1
Traded securities which are the subject of an agreement specified in regulation 4(3) shall be dealt with by a clearing participant who is party to the agreement in a separate designated account, and not otherwise.
2
In paragraph (1) “designated account” means an account designated by Eurex Clearing AG for a clearing participant in connection with the traded securities concerned.
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
5th November 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 3) Order 2009 and comes into force on 13th July 2009.
2
In this Order —
“designate” means designate for the purposes of section 2(2), and similar expressions are to be construed accordingly;
“section 2(2)” means section 2(2) of the European Communities Act 1972;
“subordinate legislation” means orders, rules, regulations or schemes made under section 2(2).
Designation in relation to the packaging of products
2
Each Northern Ireland department is designated in relation to the packaging of products.
Relationship with other designations
3
1
This Order does not restrict the scope of any designation made by any other Order.
2
Where —
a
a Northern Ireland department is designated by this Order, and
b
any other Minister or department is designated in relation to the same matter by any other Order,
any of them may make subordinate legislation in relation to that matter jointly.
3
In paragraph (2)(b), “Minister or department” means —
a
a Minister of the Crown or government department, including a Northern Ireland Minister or Northern Ireland department, or
b
the Welsh Ministers .
Restrictions
4
1
Article 2 only designates a Northern Ireland department to make subordinate legislation that forms part of the law of Northern Ireland, subject to paragraph (2).
2
Paragraph (1) does not apply where the subordinate legislation is made jointly with a Minister of the Crown or government department other than a Northern Ireland Minister or Northern Ireland department.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and effect
1
These Regulations may be cited as the Income Tax (Manufactured Overseas Dividends) (Amendment) Regulations 2009, shall come into force at 1.15 p.m. on 21st October 2009, and shall have effect in relation to manufactured overseas dividends made or treated as made on or after 1.15 p.m. on that day.
Amendment of the Income Tax (Manufactured Overseas Dividends) Regulations 1993
2
1
The Income Tax (Manufactured Overseas Dividends) Regulations 1993 are amended as follows.
2
In regulation 7 (disapplication of paragraph 4(3) of Schedule 23A ) omit paragraphs (3A) to (3E).
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
21st October 2009


text:
Citation, application and commencement
1
These Regulations, which apply to England only, may be cited as the Business Rate Supplements (Rateable Value Condition) (England) Regulations 2009 and shall come into force on 15th October 2009.
Rateable Value Condition
2
The amount prescribed for the purposes of section 12(1) of the Business Rate Supplements Act 2009 is £50,000.
Signed by authority of the Secretary of State for Communities and Local Government
Shahid Malik
Parliamentary Under Secretary of State
Department for Communities and Local Government
18th September 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Housing (Purchase of Equitable Interests) (England) Regulations 2009 and shall come into force on 6th April 2009.
2
These Regulations apply in relation to England only.
Power to purchase an equitable interest to assist a tenant to meet service charge payments
2
1
A housing authority (“the landlord”) may with the agreement of the tenant purchase an equitable interest in a flat where the conditions in paragraph (2) are satisfied.
2
The conditions mentioned in paragraph (1) are that —
a
a long lease of the flat was granted or assigned by the landlord or another housing authority;
b
the tenant is liable under the terms of the lease to pay service charges to the landlord in respect of repairs or improvement contributions (whether to the flat, the building in which it is situated or any other building or land); and
c
the purpose of the purchase is to assist the tenant to meet some or all of the service charge payments.
Exercise of power to purchase
3
The landlord may make a purchase under regulation 2 notwithstanding that the lease concerned was granted or assigned, or the service charge concerned became payable, before the coming into force of these Regulations.
Purchase price
4
1
The cost of the equitable interest purchased (“purchase price”) shall be met by the landlord reducing or (as the case may be) cancelling the service charge payable to the landlord by the tenant to such extent as corresponds to the amount concerned, but this is subject to paragraph (2).
2
Where, in accordance with a term agreed as mentioned in regulation 5, the tenant is liable to pay the landlord’s administrative expenses, the purchase price may, at the option of the landlord, be reduced by the amount of those expenses.
Administrative expenses
5
It may be a term of the agreement for a purchase under regulation 2 that the tenant be liable for the administrative expenses of the landlord in connection with the purchase.
Signed by authority of the Secretary of State for Communities and Local Government
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
10th March 2009


text:
This Order may be cited as the General Medical Council (Fitness to Practise) (Amendment) Rules Order of Council 2009 and comes into force on 7th August 2009.
Judith Simpson
Clerk of the Privy Council


text:
PART 1 PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Anti-Fouling Systems) Regulations 2009 and they come into force on 1st December 2009.
Interpretation
2
1
In these Regulations —
“the 1995 Act ” means the Merchant Shipping Act 1995 ;
“ Annex I ” means Annex I to the EC Regulation ;
“ Certifying Authority ” means the Secretary of State or any organisation which is an authorised organisation for the purposes of the Merchant Shipping (Ship Inspection and Survey Organisations) Regulations 1996 ;
“controlled waters” means the waters specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996 as areas within which the jurisdiction and rights of the United Kingdom are exercisable;
“the EC Regulation” means Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14th April 2003 on the prohibition of organotin compounds on ships ;
“master” includes every person (except a pilot) having command or charge of a ship;
“offshore terminal” means an installation situated away from the shore, where bulk, fluid or gas cargo (or more than one of these) is —
transferred between ships,
loaded onto a ship after having been transported from the shoreline, or
unloaded from a ship for transporting to the shoreline;
“operates under the authority of” has the same meaning as in Article 3(1)(b) of the EC Regulation (which provides for the scope of application of the Regulation);
“owner”, in relation to a ship, includes any person or organisation, including a manager, or a charterer on bareboat charter terms, who has assumed responsibility for the operation of the ship from the owner; and in this definition “bareboat charter terms” means the hiring of the ship for a stipulated period on terms which give the charterer possession and control of the ship, including the right to appoint the master and crew;
“ship”, except in the expression “United Kingdom ship”, means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, aircushion vehicles, submersibles, floating craft, fixed or floating platforms, floating storage units and floating production storage and off-loading units;
“surveyor of ships” means a person who is appointed as a surveyor of ships under section 256(2) of the 1995 Act;
“United Kingdom ship” has the same meaning as in section 85(2) of the 1995 Act ;
“United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom; and
“voyage” includes an excursion, and is to be taken to commence when a ship leaves its berth or anchorage.
2
In these Regulations, the following expressions have the meanings given in Article 2 of the EC Regulation (which provides definitions): “anti-fouling system”, “AFS-Convention”, “AFS-Certificate”, “AFS-Declaration”, “gross tonnage” and “length”.
3
In these Regulations, a reference to a numbered Article or a numbered Annex is to the Article or Annex of that number in the EC Regulation.
4
In the application of these Regulations to —
a
an air-cushion vehicle, a reference to the master of a ship includes a reference to the captain of that air-cushion vehicle;
b
a platform, a reference to the master of a ship includes a reference to the manager of that platform; and
c
a fishing vessel, a reference to the master of a ship includes a reference to the skipper of that vessel.
Application
3
1
Subject to paragraph (2) and to the provisions of individual regulations, these Regulations apply to any ship which —
a
is a United Kingdom ship;
b
is registered in another EEA State and is in United Kingdom waters or controlled waters;
c
is neither a United Kingdom ship nor registered in an EEA State, but which operates under the authority of the United Kingdom in United Kingdom waters or in controlled waters; or
d
does not fall within sub-paragraph (a), (b) or (c), but which is in a port in the United Kingdom or at an offshore terminal in United Kingdom waters or controlled waters.
2
These Regulations do not apply to —
a
a warship;
b
a naval auxiliary; or
c
a ship owned or operated by a State and used, for the time being, only on government non-commercial service.
PART 2 SURVEY AND CERTIFICATION
Surveyors and the issue of certificates
4
1
For the purposes of paragraph 1.3 of Annex I (which Annex sets out survey and certification requirements for anti-fouling systems on ships flying the flag of a Member State), in relation to a United Kingdom ship —
a
an officer “duly authorised by the administration of the Member State” means a surveyor of ships; and
b
“a surveyor nominated for the purpose by one of those administrations, or by a recognised organisation acting on behalf of the administration” means a surveyor appointed by a Certifying Authority.
2
For the purposes of paragraph 2.1 of that Annex, in relation to the United Kingdom the function of issuing or endorsing an AFS-Certificate or other certificate referred to in that paragraph is to be carried out by a Certifying Authority.
AFS-Certificates: ships of 400 gross tonnage or above
5
1
This regulation applies in relation to a ship which —
a
is referred to in regulation 3(1), and
b
is of 400 gross tonnage or above,
but does not apply in relation to a fixed or floating platform, a floating storage unit or a floating production storage and off-loading unit.
2
A ship must not be put into service for the first time unless the requirements set out in paragraph (4) are met.
3
Where —
a
a ship was put into service for the first time on or after 1st July 2003 but before the date on which these Regulations come into force, or
b
a ship’s anti-fouling systems have been changed or replaced on or after 1st July 2003,
the ship must not proceed on any voyage, or (if it is already on a voyage) continue on a voyage, unless the requirements set out in paragraph (4) are met.
4
The requirements referred to in paragraphs (2) and (3) are that —
a
the ship has been surveyed in accordance with Annex I,
b
there is in force in relation to the ship an AFS-Certificate or other certificate referred to in paragraph 2.1 of that Annex, and
c
that AFS-Certificate or other certificate is carried on board the ship.
AFS-Declarations: ships of less than 400 gross tonnage
6
1
This regulation applies in relation to a ship which —
a
is referred to in regulation 3(1), and
b
is of less than 400 gross tonnage but of 24 metres or more in length,
but does not apply in relation to a fixed or floating platform, a floating storage unit or a floating production storage and off-loading unit.
2
A ship must not proceed on any voyage, or (if it is already on a voyage) continue on a voyage, unless there is carried on board the ship an AFS-Declaration, and that AFS-Declaration —
a
is accompanied by appropriate documentation (such as a paint receipt or a contractor’s invoice), or
b
contains an appropriate endorsement.
Arbitration
7
1
If an applicant is dissatisfied for any reason with the outcome of a survey carried out for the purposes of paragraph 1 of Annex I, the applicant may serve a written notice on the responsible person within 21 days of receiving notification of that outcome —
a
stating that there is a dispute between them, and
b
requesting that the dispute be referred to a single arbitrator.
2
Subject to paragraph (3) , an arbitrator referred to in paragraph (1) must be appointed by agreement between the applicant and the responsible person.
3
In default of agreement between the applicant and the responsible person, the arbitrator is such person as may be appointed by the President or Vice President of the Chartered Institute of Arbitrators following a request made by —
a
a party, after giving written notice to the other party, or
b
the parties jointly,
but this paragraph does not apply in relation to Scotland.
4
No person is to be an arbitrator under this regulation unless that person is —
a
a person who holds a certificate of competency as —
i
a Class 1 Deck Officer, or
ii
a Class 1 Marine Engineer Officer;
b
a person who holds a certificate of competency equivalent to a certificate referred to in sub-paragraph (a);
c
a naval architect;
d
a qualified person;
e
a person with special experience of shipping matters, or of the fishing industry, or of activities carried on in ports; or
f
a member of the Chartered Institute of Arbitrators.
5
An arbitrator appointed under this regulation has the powers of an inspector conferred by section 259 of the 1995 Act.
6
In the application of this regulation to Scotland —
a
any reference to an arbitrator is to be construed as a reference to an arbiter, and
b
the reference in paragraph (2) to appointment by agreement between the parties is to be construed as a reference to appointment by such agreement or, in default of agreement, appointment by a sheriff.
7
The rules for arbitration set out in Merchant Shipping Notice No. M. 1613 apply unless alternative procedures are agreed between the applicant and the responsible person before the commencement of arbitration proceedings.
8
In this regulation —
a
“applicant” means a person who makes an application for a survey required by the EC Regulation;
b
“Merchant Shipping Notice No. M. 1613” means the notice described as such and issued by the Maritime and Coastguard Agency, an executive agency of the Department for Transport;
c
“qualified person” means —
i
a person who satisfies the judicial-appointment eligibility condition on a 7-year basis ;
ii
a person who is an advocate or solicitor in Scotland of at least 7 years’ standing; or
iii
a person who is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland of at least 7 years’ standing;
d
“responsible person” means the Certifying Authority responsible under paragraph 2.1 of Annex I for the issue or endorsement of the AFS-Certificate or other certificate in connection with which the survey is carried out.
Cancellation of a certificate
8
1
This regulation applies in relation to an AFS-Certificate or other certificate issued by, or at the request of, the Government of the United Kingdom pursuant to Annex I.
2
The Secretary of State may cancel a certificate where the Secretary of State has reason to believe that —
a
the certificate was issued on the basis of false or erroneous information; or
b
since any survey required under the EC Regulation, any coating referred to in Article 5 of the EC Regulation (which refers to coatings forming a barrier to organotin compounds leaching from underlying non-compliant anti-fouling systems) and borne by the ship has sustained damage or is otherwise deficient.
3
The Secretary of State may require that a certificate which has expired or has been cancelled is to be surrendered within such time and in such manner as the Secretary of State may in writing direct.
4
No person may —
a
intentionally alter a certificate;
b
intentionally make a false certificate;
c
knowingly or recklessly provide false information in connection with any survey required by the EC Regulation;
d
with intent to deceive, use or lend a certificate or permit a certificate to be used by another person;
e
fail to surrender a certificate when required to do so pursuant to paragraph (3); or
f
in Scotland, forge a certificate.
Availability of certificates and other documents
9
1
An AFS-Certificate or other certificate referred to in paragraph 2.1 of Annex I must be readily available for examination at all times on board every ship to which regulation 5 applies.
2
An AFS-Declaration and the appropriate documentation or endorsement referred to in regulation 6(2) must be readily available for examination at all times on board every ship to which regulation 6 applies.
PART 3 INSPECTIONS, DETENTIONS, OFFENCES AND FEES
General provisions on inspection of ships
10
1
Subject to paragraph (6) , for the purposes of checking compliance with the provisions of the EC Regulation and these Regulations, the following persons, namely —
a
a surveyor of ships,
b
a superintendent,
c
any person appointed by the Secretary of State, either generally or in a particular case, to exercise powers under section 258 of the 1995 Act ,
may at all reasonable times go on board a ship to which these Regulations apply and inspect the ship and its equipment or any part thereof, any articles on board and any document carried in the ship in pursuance of the EC Regulation.
2
Section 258(1A), (3) and (5) of the 1995 Act (supplementary provisions relating to powers to inspect ships and their equipment) applies in relation to paragraph (1), and as if references in that section to “subsection (1) above” and “this section” were to paragraph (1).
3
Subject to paragraph (6) , the powers conferred by paragraph (1) are, if the ship is a United Kingdom ship, also exercisable outside United Kingdom waters and controlled waters, and may be so exercised by a proper officer as well as the persons mentioned in that paragraph.
4
Subject to paragraph (6) , sections 259(1), (2), (5), (7) and (9) to (12) and 260(1) and (2) of the 1995 Act (powers of inspectors in relation to premises and ships, and supplementary provisions) apply in relation to the inspection of a ship to which these Regulations apply for the purposes of checking compliance with the provisions of the EC Regulation and these Regulations, as they apply in relation to the inspection of a ship for the purposes of checking compliance with the 1995 Act, and as if —
a
references in those sections to “this Act” were to these Regulations;
b
for section 259(1)(b) there were substituted a reference to any ship to which these Regulations apply;
c
in section 259(2)(h)(iii), “or any instrument made under it” were omitted; and
d
in section 259(5), the reference to “subsections (2) and (4) above for the purposes of Chapter II of Part VI” were to “subsection (2) above”, and the reference to “those subsections” were to “that subsection”.
5
Sections 261 to 266 of the 1995 Act (improvement notices and prohibition notices) apply in relation to improvement notices and prohibition notices to be served in relation to a ship to which these Regulations apply, as they apply in relation to improvement notices and prohibition notices to be served in relation to other ships, and as if —
a
references in those sections to “the relevant statutory provisions” were to Articles 4 and 5(2), and regulations 5(2) and (3) and 6(2); and
b
subsection (4) of section 261 were omitted.
6
The relevant powers to inspect a ship and its equipment, any part of the ship, any articles on board and any document carried in the ship, are limited to one or both of the following —
a
verifying whether the ship holds a valid AFS-Certificate or an AFS-Declaration,
b
a brief sampling of the ship’s anti-fouling system that does not affect the integrity, structure or operation of the anti-fouling system,
except where there are clear grounds for believing that the ship is in violation of the EC Regulation or these Regulations.
7
In this regulation —
a
“proper officer” has the same meaning as in section 313(1) of the 1995 Act;
b
“relevant powers” means the powers conferred by paragraph (1) or (3) , or by section 259 of the 1995 Act as applied by paragraph (4) ; and
c
“superintendent” means a mercantile marine superintendent appointed under section 296 of the 1995 Act.
Inspection of ships following a Government request
11
Where a ship to which these Regulations apply is inspected under regulation 10 , following receipt by the Secretary of State of a request for an investigation of the ship from the Government of a Party to the AFS-Convention, the Secretary of State must send a report of the inspection —
a
to the Government who requested the investigation; and
b
where the ship operates under the authority of the Government of a State other than the United Kingdom, to that Government.
General provisions on detention
12
1
Subject to paragraph (2), where a surveyor of ships has clear grounds for believing that, in relation to a ship to which these Regulations apply —
a
an AFS-Certificate, or other certificate referred to in paragraph 2.1 of Annex I, is required to have been issued in respect of the ship but has not been issued, or has been issued but is not valid;
b
an AFS-Declaration is required to be carried on board the ship, but is not carried;
c
where an AFS-Declaration is required to be carried, appropriate documentation referred to in regulation 6(2)(a) is not carried on board the ship, and the AFS-Declaration does not contain an appropriate endorsement; or
d
an offence under regulation 14 is being committed in respect of the ship,
the ship is liable to be detained until a surveyor of ships is satisfied that it can proceed to sea without presenting an unreasonable threat of harm to the marine environment.
2
A person having powers to detain a ship may permit a ship which is liable to be detained under paragraph (1) to proceed to sea for the purpose of proceeding to the nearest appropriate repair yard available.
3
Where a surveyor of ships has clear grounds for believing that an offence under regulation 14(2) has been committed in respect of a ship (but paragraph (1) does not apply), the ship is liable to be detained.
4
The power under this regulation to detain a ship may only be exercised if the ship in question is —
a
a United Kingdom ship;
b
in a port or shipyard in the United Kingdom;
c
at an offshore terminal in United Kingdom waters or controlled waters;
d
a fixed platform in United Kingdom waters or controlled waters; or
e
a floating platform, a floating storage unit or a floating production storage and off-loading unit, in United Kingdom waters or controlled waters, other than a platform or unit which is in transit.
5
Section 284 of the 1995 Act (enforcing detention of a ship) applies where a ship is liable to be detained under this regulation as if —
a
references to detention of a ship under the Act were references to detention of the ship in question under this regulation; and
b
subsection (7) were omitted.
6
Where a ship is liable to be detained under this regulation, the person detaining the ship must serve on the master of the ship a detention notice which —
a
states the grounds for the detention; and
b
requires the terms of the notice to be complied with until the ship is released by any person mentioned in section 284(1) of the 1995 Act.
7
Where a ship other than a United Kingdom ship is detained, the Secretary of State must immediately inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly or the appropriate maritime authorities of that State.
8
Where a ship is detained under paragraph (3) , a person having power to detain the ship must, at the request of the owner or master, immediately release the ship —
a
if no proceedings for an offence under regulation 14(2) are instituted within the period of seven days beginning with the day on which the ship is detained;
b
if proceedings for an offence under that regulation, having been instituted within that period, are concluded without the owner or master being convicted;
c
if either —
i
the sum of £30,000 is paid to the Secretary of State by way of security, or
ii
security which, in the opinion of the Secretary of State, is satisfactory and is for an amount not less than £30,000 is given to the Secretary of State,
by or on behalf of the owner or master;
d
where the owner or master is convicted of an offence under that regulation, if any costs or expenses ordered to be paid by that person, and any fine imposed on that person, have been paid; or
e
the release is ordered by a court or tribunal referred to in article 292 of the United Nations Convention on the Law of the Sea 1982 , and any bond or other financial security ordered by such court or tribunal is posted.
9
The Secretary of State must repay any sum paid in pursuance of paragraph (8)(c) or release any security so given —
a
if no proceedings for an offence under regulation 14(2) are instituted within the period of seven days beginning with the day on which the sum is paid; or
b
if proceedings for that offence, having been instituted within that period, are concluded without the owner or master being convicted.
10
Where a sum has been paid, or security has been given, by any person in pursuance of paragraph (8)(c) and the owner or master is convicted of an offence under regulation 14(2) , the sum so paid or the amount made available under the security must be applied as follows —
a
first in payment of any costs or expenses ordered by the court to be paid by the owner or master; and
b
next in payment of any fine imposed by the court,
and any balance must be repaid to the first-mentioned person.
11
Section 145 of the 1995 Act (interpretation of section 144) applies for the purposes of paragraphs (8) to (10) as if references to an offence under section 131 were references to an offence under regulation 14(2) .
Right of appeal and compensation
13
1
Regulations 11 and 12 (right of appeal and compensation) of the Merchant Shipping (Port State Control) Regulations 1995 (which by virtue of regulation 19 of those Regulations apply in relation to the exercise of powers of detention contained in safety regulations) apply in relation to a detention notice served under these Regulations as if these Regulations were made under section 85 of the 1995 Act, subject to the modifications referred to in paragraph (2).
2
The modifications are —
a
references to “inspector” are to be taken as references to the authority detaining the ship; and
b
references to “access refusal notice”, “service of an access refusal notice” and “refusal of access” are omitted.
Offences
14
1
Paragraphs (2) and (3) apply in relation to a ship referred to in regulation 3(1) , except that paragraph (3) does not apply in relation to —
a
a fixed or floating platform;
b
a floating storage unit; or
c
a floating production storage and off-loading unit,
which was constructed before 1st July 2003 and has not been in dry-dock on or after 1st July 2003.
2
Where a contravention of Article 4 (which prohibits the application on ships of organotin compounds which act as biocides) occurs on or after the date on which these Regulations come into force, the owner and master of the ship in question are each guilty of an offence.
3
Where a contravention of Article 5(2) (which prohibits ships from bearing organotin compounds, unless they have a barrier coating) occurs or continues after the date on which these Regulations come into force, the owner and master of the ship in question are each guilty of an offence.
4
Any contravention of —
a
regulation 5(2) or (3) , 6(2), or 9 (1) or (2) is an offence by the owner and the master of the ship;
b
regulation 8(4) is an offence by the person in question.
5
An offence under this regulation is punishable —
a
on summary conviction by a fine not exceeding the statutory maximum; or
b
on conviction on indictment by a fine.
Service of documents on foreign companies
15
Section 143(6) of the 1995 Act (service of documents on foreign companies required or authorised by any statutory provision in connection with proceedings for an offence under section 131 of the 1995 Act) applies to proceedings for an offence under regulation 14 as it applies to proceedings for an offence under section 131, and as if the reference in section 143(6) to section 131 were to regulation 14 .
Enforcement and application of fines
16
Section 146(1) of the 1995 Act (enforcement of fines) applies to any fine for an offence under regulation 14 , and as if the reference to proceedings against the owner or master of a ship for an offence under Chapter 2 were a reference to proceedings against the owner or master for an offence under regulation 14 .
Offences committed due to the act or default of another person
17
Where an offence under regulation 14 is committed, or would be committed but for the operation of regulation 19 , by any person due to the act or default of some other person, that other person is also guilty of the offence, and a person may be charged with and convicted of an offence by virtue of this regulation whether or not proceedings are taken against the first mentioned person.
Offences by officers of bodies corporate
18
1
Where a body corporate is guilty of an offence under regulation 14 and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with that person’s functions of management as if that person were a director of the body corporate.
3
Where an offence under regulation 14 committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of that offence and liable to be proceeded against and punished accordingly.
Defences
19
In any proceedings for an offence under regulation 14 , it is a defence for the person charged to prove that that person took all reasonable steps and exercised all due diligence to ensure that the requirement in question was complied with.
Fees
20
Section 302(1) and (3) of the 1995 Act (power of the Secretary of State, with the consent of the Treasury, to make regulations prescribing fees to be charged) applies in relation to the making of regulations to prescribe fees to be charged in respect of the doing of anything in pursuance of the EC Regulation or these Regulations, and as if —
a
in paragraphs (a) and (b) of section 302(1), the references to “this Act” were to the EC Regulation or these Regulations; and
b
in section 302(3), the reference to “this Act” were to the regulations prescribing those fees.
Signed by authority of the Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
19th October 2009


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


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


text:
1
The new highways which the Welsh Ministers propose to construct along the routes described in Schedule 1 to this Order shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines and the associated side roads proposals are indicated by broken white lines on the deposited plan.
3
The lengths of trunk road described in Schedule 2 to this Order, and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall become classified roads as from the date on which the Welsh Assembly Government notifies the County Council of Gwynedd that the new trunk roads are open for through traffic.
4
The Welsh Assembly Government is authorised to construct the bridge specified in Schedule 3 to this Order as part of the main new trunk road.
5
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
i
“the deposited plan” (“ y plan a adneuwyd ”) means the plan numbered HA 10/2 WAG 1 marked “The Fishguard to Bangor Trunk Road (A487) (Porthmadog, Minffordd and Tremadog Bypass and De-trunking) Order 2009”, signed on behalf of the Welsh Ministers and deposited at the Welsh Assembly Government Record Storage and Retrieval Unit ( RSRU ), Neptune Point, Ocean Way, Cardiff;
ii
“the trunk road” (“ y gefnffordd ”) means the Fishguard to Bangor Trunk Road (A487);
iii
“the new trunk roads” (“ y cefnffyrdd newydd ”) means the highways mentioned in article 1 of this Order and “a new trunk road” means one of those highways;
6
This Order comes into force on 25 June 2009 and its title is “The Fishguard to Bangor Trunk Road (A487) (Porthmadog, Minffordd and Tremadog Bypass and De-trunking) Order 2009”
Signed on behalf of the Welsh Ministers
Jeff Collins
17 June 2009
J COLLINS
Deputy Director of Transport Planning and Governance
Welsh Assembly Government


text:
Title and commencement
1
These Regulations may be cited as the Charges for Residues Surveillance (Amendment) Regulations 2009, and come into force on 10th November 2009.
Amendment of the Charges for Residues Surveillance Regulations 2006
2
1
The Charges for Residues Surveillance Regulations 2006 are amended in accordance with this regulation.
2
In regulation 3(3), for sub-paragraph (d) substitute —
d
in relation to milk, the operator of the food business collecting the milk, or, in the case of milk that is not collected from its producer by a food business before being sold, supplied or prepared for sale for human consumption, its producer; and
.
3
In Schedule 1, for the table, substitute the table in the Schedule to these Regulations.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
12th October 2009


text:
Citation and commencement
1
These Regulations may be cited as the Bank Administration (Sharing Information) Regulations 2009 and come into force on 21st February 2009.
Interpretation
2
In these Regulations —
“ the Act ” means the Banking Act 2009;
“ HMRC ” means Her Majesty’s Revenue and Customs;
“Objective 1” means the first objective of bank administration as defined in sections 137 and 138 of the Act;
“order” means a bank administration order (see section 141 of the Act);
“original bank” means a bank as it existed before a property transfer instrument was made in relation to it;
“residual bank” —
in Regulations 5 to 10, has the meaning given by section 157(2) of the Act;
in the Schedule, means a bank in temporary public ownership all or part of whose business has been transferred in accordance with a property transfer order made under section 45(2) of the Act;
“transferred business” —
in Regulations 5 to 10, means the part of an original bank’s business transferred under a property transfer instrument;
in the Schedule, means the part of the bank in temporary public ownership’s business transferred in accordance with a property transfer order made under section 45(2) of the Act.
Application to bank administration following transfer to a bridge bank
3
Regulations 5 to 10 apply to bank administration following a transfer to a bridge bank in accordance with sections 12 and 148(1) of the Act.
Application to bank administration where Part 3 is applied by section 152 of the Act
4
1
Regulations 5 to 10 apply, with the modifications specified in Tables 1 and 2 of the Schedule, to bank administration following a transfer of business from a bank in temporary public ownership .
2
Table 1 applies in cases where section 148 is applied following a transfer from a bank in temporary public ownership to a company wholly owned by the Bank of England .
3
Table 2 applies in cases where section 148 is applied following a transfer from a bank in temporary public ownership to a company wholly owned by the Treasury or a nominee of the Treasury.
Information to be provided to the bank administrator appointed in the first 5 days of the bank administration
5
1
This regulation applies where —
a
the bank administrator has been appointed by the order, or
b
the bank administrator has been appointed to replace the bank administrator appointed by the order (or where joint administrators were appointed, to replace all of them) within 5 days of the order being made.
2
The classes of information that must be provided by the Bank of England to the bank administrator under section 148(2) of the Act, within the period of 5 days beginning with the day on which the bank administrator is appointed, are — —
a
an estimate of the net value of the original bank,
b
an estimate of the net value of the bridge bank,
c
a list of assets and liabilities of the original bank that have been transferred to the bridge bank, including details of —
i
any charged assets and the creditors holding those charges,
ii
any contingent assets transferred to the bridge bank, and
iii
any liabilities (including contingent liabilities), and
d
details of any supplemental property transfers or reverse property transfers that have been made,
in each case as comprehensive as is reasonably possible and current as at the date it is provided.
Information to be provided to the bank administrator otherwise
6
1
This regulation applies where the bank administrator has been appointed otherwise than as described in regulation 5(1).
2
The classes of information that must be provided by the Bank of England to the bank administrator under section 148(2) of the Act, within the period of 5 days beginning with the day on which the bank administrator is appointed, are —
a
details of the net value of the bridge bank, current as at the date on which the information is provided, and
b
an outline of the information provided to a former bank administrator under section 148(2) of the Act, and, where the matters to which that information relates have changed, updated information, current as at the date on which the information is provided.
Information to be provided on request by the bridge bank to the bank administrator
7
The classes of information that must be provided by the bridge bank to the bank administrator on request under section 148(3) of the Act are —
a
details as to the net value of the bridge bank, management accounts and other information including ledgers, cash books, bank statements, invoices and orders in relation to the transferred business current as at the date on which the information is provided,
b
details of any supplemental property transfers or reverse property transfers that have been made, and
c
details of any amounts of money to be paid to the residual bank from a scheme established by a resolution fund order.
Information to be provided on request by the bank administrator to the Bank of England
8
The classes of information that must be provided by the bank administrator to the Bank of England on request under section 148(4)(a) of the Act are as follows —
a
information required in connection with the Bank of England’s role under Part 3 of the Act and under rules made under section 411 of the Insolvency Act 1986 in respect of Part 3,
b
information regarding the bank administrator’s plans for the administration of the residual bank, further to any information provided in the bank administrator’s statement of proposals, that may have an impact on the residual bank’s ability to meet Objective 1,
c
information regarding the residual bank’s employees, assets and liabilities and its relationships with suppliers that may have an impact on the residual bank’s ability to meet Objective 1,
d
information about —
i
wrongful trading (see section 213 of the Insolvency Act 1986),
ii
fraudulent trading (see section 214 of the Insolvency Act 1986), or
iii
negligence,
carried out by the directors of the original bank and identified by the bank administrator,
e
information about any steps taken by the bank administrator in respect of a director of the original bank under the Company Directors Disqualification Act 1986 , and
f
information about any litigation that the bank administrator is pursuing on behalf of the residual bank.
Information to be provided on request by the bank administrator to the bridge bank
9
The classes of information that must be provided by the bank administrator to the bridge bank on request under section 148(4)(c) of the Act are —
a
statutory accounts, management accounts and other information including ledgers, cash books, bank statements, invoices and orders in relation to the transferred business,
b
the following information relating to the transferred business —
i
financial information relating to property, rights and liabilities,
ii
personnel records, salary information etc relating to employees, and
iii
details of any licenses, permissions, approvals and intellectual property rights.
c
information in relation to contracts, the rights and obligations of which have been transferred to the bridge bank,
d
information required by public or regulatory bodies (in the United Kingdom and overseas) including FSA or HMRC,
e
information about customers and suppliers which are part of the transferred business,
f
information about target customers, channels to market, distribution networks and other marketing and sales material relating to the transferred business,
g
information about the original bank’s previous trading history required to prepare an investment memorandum,
h
any other information a potential purchaser asks the bridge bank to provide, and
i
information in connection with any agreement drawn up between the bank administrator and the bridge bank for the supply by the residual bank of services and facilities to the bridge bank.
Records to be made accessible by the bank administrator
10
The class of records that the bank administrator must allow the Bank of England and the bridge bank access to under section 148(4)(b) and (d) of the Act is any records required in connection with the classes of information specified in regulations 8 and 9, whether in hard copy or in electronic form.
Dave Watts
Steve MCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
19th February 2009