type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Accession (Worker Authorisation and Worker Registration) (Amendment) Regulations 2009 and shall come into force on 2 nd October 2009.
Amendment of the Accession (Immigration and Worker Authorisation) Regulations 2006
2
1
The Accession (Immigration and Worker Authorisation) Regulations 2006 are amended as follows.
2
In regulation 2 (“Accession State national subject to worker authorisation”) –
a
after paragraph (5) insert –
5A
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which that national is the spouse, civil partner or child under 18 of a person who has leave to enter or remain in the United Kingdom under the 1971 Act that allows that person to work in the United Kingdom.
;
b
in paragraph (8)(a)(ii), after “sub-paragraph (b)” insert “or a worker mentioned in paragraph (8A)”;
c
after paragraph (8) insert –
8A
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which that national is the spouse, civil partner or descendant of an accession State national subject to worker authorisation who has a right to reside under regulation 14(1) of the 2006 Regulations by virtue of being a worker falling within sub-paragraph (b) of regulation 6(1) of those Regulations (“qualified person”) provided that, in the case of a descendant, the descendant is under 21 or dependent on the accession State national subject to worker authorisation.
.
3
For regulation 3 (authorised family member) substitute –
3
A person is an authorised family member for the purpose of these Regulations if that person is the family member of an accession State national subject to worker authorisation who has a right to reside in the United Kingdom under regulation 14(1) of the 2006 Regulations as a worker, unless –
a
the worker is only authorised to work under these Regulations by virtue of holding an accession worker card issued in accordance with regulation 11 pursuant to an application as an authorised family member; or
b
the family member is the spouse or civil partner of the worker or a descendant of the worker who is under 21 or dependent on the worker.
.
Amendment of the Accession (Immigration and Worker Registration) Regulations 2004
3
Regulation 2 of the Accession (Immigration and Worker Registration) Regulations 2004 (“Accession State worker requiring registration”) is amended as follows –
a
after paragraph (5A) insert –
5B
A national of a relevant accession State is not an accession State worker requiring registration during any period in which that national is the spouse, civil partner or child under 18 of a person who has leave to enter or remain in the United Kingdom under the 1971 Act that allows that person to work in the United Kingdom.
;
b
for paragraph (6)(b) substitute –
b
a family member of a Swiss or EEA national who has a right to reside in the United Kingdom under the 2006 Regulations, other than the family member of –
i
a national of a relevant accession State who only has a right to reside under regulation 13 of those Regulations, where the national would be an accession State worker requiring registration if the national began working in the United Kingdom; or
ii
an accession State national subject to worker authorisation who only has a right to reside under regulation 13 of those Regulations.
.
Phil Woolas
Minister of State
Home Office
7th September 2009


text:
1
This Order may be cited as the Yorkshire Coast College of Further and Higher Education, Scarborough (Dissolution) Order 2009 and comes into force on 1st January 2010.
2
On 1st January 2010 the corporation is to be dissolved and all of its property rights and liabilities are to be transferred to The Grimsby Institute, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st January 2010 as if the reference in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st January 2010;
c
to the transferor were to the corporation; and
d
to the corporation were to The Grimsby Institute.
Kevin Brennan
Minister for Further Education, Skills, Apprenticeships and Consumer Affairs
Department for Business, Innovation and Skills
6th 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. 13) 2009 and shall come into force on 2nd December 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 2nd December 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 2nd December 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 —
EMCF , who as such is permitted by the rules of EMCF to clear transactions made on the facility for a traded security, and who may or may not also be a participant in the facility;
X-CLEAR , who as such is permitted by the rules of X-CLEAR to clear transactions made on the facility for a traded security, and who may or may not also be a participant in the facility; or
LCH , who as such is permitted by the rules of LCH to clear transactions made on the facility for a traded security, and who may or may not also be a participant in the facility;
“client” means a person who gives instructions to a non-clearing firm for traded securities to be sold on the facility;
“EMCF” means European Multilateral Clearing Facility NV, a company which is a recognised clearing house under the Financial Services and Markets Act 2000 ;
“the facility” means the multilateral trading facility operated by NASDAQ OMX Europe Limited, a company which is authorised to operate a multilateral trading facility for the purposes of Part IV of the Financial Services and Markets Act 2000;
“LCH” means LCH.Clearnet Limited, a company which is a recognised clearing house under the Financial Services and Markets Act 2000;
“nominee” means a person whose business is or includes holding traded securities as a nominee for EMCF, X-CLEAR or LCH acting in its capacity as a person providing clearing services in connection with a transaction made on the facility, or as a nominee for a clearing participant (as the case may be);
“non-clearing firm” means a participant in the facility 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.
“X-CLEAR” means SIX X-CLEAR AG, a company which is a recognised clearing house under the Financial Services and Markets Act 2000;
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 facility is prescribed as a recognised investment exchange;
b
EMCF is prescribed as a recognised clearing house;
c
X-CLEAR is prescribed as a recognised clearing house; and
d
LCH 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 facility, conditions A and B are met.
3
Condition A is that traded securities of a particular kind are issued or transferred, or agreed to be issued or 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 EMCF, X-CLEAR or LCH, or to a nominee of any of those clearing houses,
d
a person other than a clearing participant to EMCF, X-CLEAR or LCH, or to a nominee of any of those clearing houses, as a result of a failure by a clearing participant to fulfil his obligations in respect of transferring those securities to EMCF, X-CLEAR or LCH, or to a nominee of any of those clearing houses,
e
X-CLEAR, EMCF or LCH, or a nominee of any of those clearing houses, to a clearing participant or a nominee of a clearing participant,
f
X-CLEAR or a nominee of that clearing house to EMCF or LCH or a nominee of either clearing house,
g
EMCF or a nominee of that clearing house to X-CLEAR or LCH or a nominee of either clearing house, or
h
LCH or a nominee of that clearing house to X-CLEAR or EMCF or a nominee of either clearing house.
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 X-CLEAR, EMCF or LCH are references to that clearing house in its capacity as a person providing clearing services in connection with a transaction made on the facility;
c
references to a clearing participant are references to a clearing participant in its 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 X-CLEAR, EMCF or LCH for a clearing participant in connection with the traded securities concerned.
Revocation of the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 10) 2009
6
The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 10) 2009 ( SI 2009/1831 ) are hereby revoked as respects instruments and agreements referred to in regulation 1(2) of these regulations.
Steve McCabe
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
10th November 2009


text:
Citation and commencement and interpretation
1
1
This Order may be cited as the Housing (Right to Enfranchise) (Designated Protected Areas) (England) Order 2009 and shall come into force on 7th September 2009.
2
In this Order “the 1967 Act ” means the Leasehold Reform Act 1967.
Designated protected areas in the West Midlands
2
The following areas in the West Midlands region are designated protected areas for the purposes of paragraph 4A(1) of Schedule 4A to the 1967 Act (certain leases in protected areas) —
a
those parishes in the district of Herefordshire and in the counties of Shropshire, Staffordshire, Warwickshire, West Midlands and Worcestershire specified in Schedule 1 to this Order; and
b
those areas in the parishes and the unparished areas in the district of Herefordshire and in the counties of Shropshire, Staffordshire, Warwickshire, West Midlands and Worcestershire specified in Schedule 2 to this Order each shown bounded with a black line and crossed hatched on one of the maps contained in the volume entitled “Maps of the Protected Areas in the West Midlands designated as protected areas by the Housing (Right to Enfranchise) (Designated Protected Areas) (England) Order 2009 ( SI No: 2009/2098 ) and referred to in article 2(b) and Schedule 2 to the Order”, which volume is —
i
signed by a member of the Senior Civil Service in the Department for Communities and Local Government; and
ii
deposited and available for inspection at the principal office of the Secretary of State for Communities and Local Government.
Designated protected areas in the South West
3
The following areas in the South West region are designated protected areas for the purposes of paragraph 4A(1) of Schedule 4A to the 1967 Act —
a
those parishes in the districts of Bath and North East Somerset, North Somerset and South Gloucestershire and in the counties of Cornwall, Devon, Dorset, Gloucestershire, Somerset and Wiltshire specified in Schedule 3 to this Order; and
b
those areas in the parishes and the unparished areas in the districts of Bath and North East Somerset, North Somerset and South Gloucestershire and in the counties of Cornwall Devon, Dorset, Gloucestershire, Somerset and Wiltshire specified in Schedule 4 to this Order each shown bounded with a black line and cross hatched on one of the maps contained in the volume entitled “Maps of the Protected Areas in the South West designated as protected areas by the Housing (Right to Enfranchise) (Designated Protected Areas) (England) Order 2009 ( SI No: 2009/2098 ) and referred to in article 3(b) and Schedule 4 to the Order”, which volume is —
i
signed by a member of the Senior Civil Service in the Department for Communities and Local Government; and
ii
deposited and available for inspection at the principal office of the Secretary of State for Communities and Local Government.
Designated protected areas in the North West
4
The following areas in the North West region are designated protected areas for the purposes of paragraph 4A(1) of Schedule 4A to the 1967 Act —
a
those parishes in the districts of Cheshire East, Cheshire West and Chester, Halton and Warrington and in the counties of Cumbria, Greater Manchester, Lancashire and Merseyside specified in Schedule 5 to this Order; and
b
those areas in the parishes and the unparished areas in the districts of Cheshire East, Cheshire West and Chester and Warrington and in the counties of Cumbria, Greater Manchester, Lancashire and Merseyside specified in Schedule 6 to this Order each shown bounded with a black line and cross hatched on one of the maps contained in the volume entitled “Maps of the Protected Areas in the North West designated as protected areas by the Housing (Right to Enfranchise) (Designated Protected Areas) (England) Order 2009 ( SI No: 2009/2098 ) and referred to in article 4(b) and Schedule 6 to the Order”, which volume is —
i
signed by a member of the Senior Civil Service in the Department for Communities and Local Government; and
ii
deposited and available for inspection at the principal office of the Secretary of State for Communities and Local Government.
Designated protected areas in the East of England
5
The following areas in the East of England region are designated protected areas for the purposes of paragraph 4A(1) of Schedule 4A to the 1967 Act —
a
those parishes in the district of Bedford and in the counties of Cambridgeshire, Essex, Hertfordshire, Norfolk and Suffolk specified in Schedule 7 to this Order; and
b
those areas in the parishes and the unparished areas in the district of Beford and in the counties of Cambridgeshire, Essex, Hertfordshire, Norfolk and Suffolk specified in Schedule 8 to this Order each shown bounded with a black line and cross hatched on one of the maps contained in the volume entitled “Maps of the Protected Areas in the East of England designated as protected areas by the the Housing (Right to Enfranchise) (Designated Protected Areas) (England) Order 2009 ( SI No: 2009/2098 ) and referred to in article 5(b) and Schedule 8 to the Order”, which volume is —
i
signed by a member of the Senior Civil Service in the Department for Communities and Local Government; and
ii
deposited and available for inspection at the principal office of the Secretary of State for Communities and Local Government.
Designated protected areas in the North East
6
The following areas in the North East region are designated protected areas for the purposes of paragraph 4A(1) of Schedule 4A to the 1967 Act —
a
the parishes in the districts of Hartlepool, Middlesborough, Redcar and Cleveland, and Stockton-on-Tees and in the counties of Durham, Northumberland and Tyne and Wear specified in Schedule 9 to this Order; and
b
those areas in the parishes and the unparished areas in the districts of Hartlepool and Redcar and Cleveland and in the counties of Durham, Northumberland and Tyne and Wear specified in Schedule 10 to this Order each shown bounded with a black line and cross hatched on one of the maps contained in the volume entitled “Maps of the Protected Areas in the North East designated as protected areas by the Housing (Right to Enfranchise) (Designated Protected Areas) (England) Order 2009 ( SI No: 2009/2098 ) and referred to in article 6(b) and Schedule 10 to the Order”, which volume is —
i
signed by a member of the Senior Civil Service in the Department for Communities and Local Government; and
ii
deposited and available for inspection at the principal office of the Secretary of State for Communities and Local Government.
Designated protected areas in the South East
7
The following areas in the South East region are designated protected areas for the purposes of paragraph 4A(1) of Schedule 4A to the 1967 Act —
a
those parishes and the unparished area in the district of West Berkshire and in the counties of Buckinghamshire, East Sussex, Hampshire, the Isle of Wight, Kent, Oxfordshire, Surrey and West Sussex specified in Schedule 11 to this Order; and
b
those areas in the parishes and the unparished areas in the district of West Berkshire and in the counties of Buckinghamshire, East Sussex, Hampshire, the Isle of Wight, Kent, Oxfordshire, Surrey and West Sussex specified in Schedule 12 to this Order each shown bounded with a black line and cross hatched on one of the maps contained in the volume entitled “Maps of the Protected Areas in the South East designated as protected areas by the Housing (Right to Enfranchise) (Designated Protected Areas) (England) Order 2009” ( SI No: 2009/2098 ) and referred to in article 7(b) and Schedule 12 to the Order, which volume is —
i
signed by a member of the Senior Civil Service in the Department for Communities and Local Government; and
ii
deposited and available for inspection at the principal office of the Secretary of State for Communities and Local Government.
Designated protected areas in the East Midlands
8
The following areas in the East Midlands region are designated protected areas for the purposes of paragraph 4A(1) of Schedule 4A to the 1967 Act —
a
those parishes in the counties of Derbyshire, Leicestershire, Lincolnshire, Northamptonshire and Nottinghamshire specified in Schedule 13 to this Order; and
b
those areas in the parishes and the unparished areas in the counties of Derbyshire, Leicestershire, Lincolnshire, Northamptonshire and Nottinghamshire specified in Schedule 14 to this Order each shown bounded with a black line and crossed hatched on one of the maps contained in the volume entitled “Maps of the Protected Areas in the East Midlands designated as protected areas by the Housing (Right to Enfranchise) (Designated Protected Areas) (England) Order 2009 ” ( SI No: 2009/2098 ) and referred to in article 8(b) and Schedule 14 to the Order, which volume is —
i
signed by a member of the Senior Civil Service in the Department for Communities and Local Government; and
ii
deposited and available for inspection at the principal office of the Secretary of State for Communities and Local Government.
Designated protected areas in Yorkshire and the Humber
9
The following areas in Yorkshire and the Humber region are designated protected areas for the purposes of paragraph 4A(1) of Schedule 4A to the 1967 Act —
a
those parishes in the districts of the East Riding of Yorkshire, North East Lincolnshire and North Lincolnshire and in the counties of North Yorkshire, South Yorkshire and West Yorkshire specified in Schedule 15 to this Order; and
b
those areas in the parishes and the unparished areas in the districts of the East Riding of Yorkshire and North Lincolnshire and in the counties of North Yorkshire, South Yorkshire and West Yorkshire specified in Schedule 16 to this Order each shown bounded with a black line and crossed hatched on one of the maps contained in the volume entitled “Maps of the Protected Areas in Yorkshire and the Humber designated as protected areas by the Housing (Right to Enfranchise) (Designated Protected Areas) (England) Order 2009 ( SI No: 2009/2098 ) and referred to in article 9(b) and Schedule 16 to the Order”, which volume is —
i
signed by a member of the Senior Civil Service in the Department for Communities and Local Government; and
ii
deposited and available for inspection at the principal office of the Secretary of State for Communities and Local Government.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister for Housing and Planning
Department for Communities and Local Government
4th August 2009


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Education (School Teachers’ Pay and Conditions) Order 2009 and comes into force on 1st September 2009.
2
This Order applies to school teachers in England and Wales.
3
In this Order, “ the Document ” means the document entitled “School Teachers’ Pay and Conditions Document 2009 and Guidance on School Teachers’ Pay and Conditions” published by the Stationery Office Limited.
The Document
2
The provisions set out in section 2 of the Document have effect on and after 1 st September 2009 for the purposes of determining —
a
the remuneration of school teachers, and
b
other conditions of employment of school teachers which relate to their professional duties and working time.
Revocation
3
The Education (School Teachers’ Pay and Conditions) Order 2008 is revoked.
Vernon Coaker
Minister of State
Department for Children, Schools and Families
31st July 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2009 and shall come into force on 11th January 2010.
2
In this Order “the principal Order ” means the Armed Forces and Reserve Forces (Compensation) Scheme Order 2005 .
Amendment to table 6 of Schedule 4 (the Tariff)
2
1
In table 6 of Schedule 4 to the principal Order insert in the appropriate places —
(ab)
The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of less than 5.
3A. 2 Brain injury where epilepsy is present (or where there is a high risk of epilepsy) and full-time skilled nursing care is required, and the claimant has two of the following: reflex activity but little or no meaningful response to the environment, no language or double incontinence.
.
2
Except where paragraph (3) applies the amendment in paragraph (1) shall not apply to any claim made before the coming into force of this Order.
3
This paragraph applies where the Secretary of State determines (whether before or after the coming into force of this Order) that a temporary award in accordance with article 20 of the principal Order should be made in respect of an injury which is of the same description as the injury described in the amendment to table 6 of Schedule 4 in paragraph (1).
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
8th December 2009


text:
Citation and Commencement
1
These Regulations may be cited as the Statistics of Trade (Customs and Excise) (Amendment) Regulations 2009 and come into force on 1st January 2010.
Amendment of the Statistics of Trade (Customs and Excise) Regulations 1992
2
The Statistics of Trade (Customs and Excise) Regulations 1992 are amended as follows:
1
For regulation 3(2) substitute:
2
If the annual value of intra-Community ‘dispatches’ (see Articles 3, 7, and 10(2) of the establishing Regulation) of a party is at or below £250,000, that party may be treated as exempt from providing Intrastat information concerning dispatches, and therefore that party is not subject to regulation 4 (supplementary declarations) in respect of such information.
2
For regulation 3(3) substitute:
3
If the annual value of intra-Community ‘arrivals’ (see Articles 3, 7, and 10(2) of the establishing Regulation) of a party is at or below £600,000, that party may be treated as exempt from providing Intrastat information concerning arrivals, and therefore that party is not subject to regulation 4 (supplementary declarations) in respect of such information.
Steve Lamey
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
9th November 2009


text:
Citation and interpretation
1
This Order may be cited as the Housing and Regeneration Act 2008 (Commencement No. 3) Order 2009.
Commencement of provisions relating to dissolution of the Housing Corporation
2
Section 64(1) and (2) of the Housing and Regeneration Act 2008 shall come into force on 16th February 2009.
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
16th February 2009


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Railways Infrastructure (Access and Management) (Amendment) Regulations 2009 and come into force –
a
for the purposes of regulation 2(2)(d) and (e), (6), (7)(a) to (e), (9), (10), (14) and (15) and regulation 3 on 3 rd June 2009;
b
for the purposes of regulation 2(5), (7)(f), and (8) on 1 st October 2009; and
c
for all other purposes on 1 st January 2010.
2
These Regulations do not extend to Northern Ireland.
Amendment of the Railways Infrastructure (Access and Management) Regulations 2005
2
1
The Railways Infrastructure (Access and Management) Regulations 2005 are amended as follows.
2
In regulation 3(1) (interpretation) —
a
for the definition of “access and transit rights” substitute —
access rights” means rights of access to railway infrastructure for the purpose of operating a service for the transport of goods or passengers;
;
b
in the definition of “applicant” —
i
at the end of sub-paragraph (a), insert “or”;
ii
omit sub-paragraph (b);
iii
omit the words “, such as public authorities under Regulation (EEC) No 1191/69 and shippers, freight forwarders, and combined transport operators” from sub-paragraph (c);
c
after the definition of “charging system” insert —
“competent authority” has the same meaning as in Article 2 of Regulation (EC) No 1370/2007 , as amended from time to time;
;
d
in the definition of “the Council Directives” —
i
for the words after “February 2001” in sub-paragraph (a) to the end of that sub-paragraph, substitute —
, Directive 2004/51/ EC dated 29th April 2004 and Directive 2007/58/EC dated 23rd October 2007, all of the European Parliament and of the Council; and
;
ii
for the words after “29 th April 2004” in sub-paragraph (b) to the end of that sub-paragraph, substitute —
and Directive 2007/58/EC dated 23rd October 2007, all of the European Parliament and of the Council;
;
e
after the definition of “nuclear site” insert —
“public passenger transport” has the same meaning as in Article 2 of Regulation (EC) No 1370/2007 , as amended from time to time;
“public service contract” has the same meaning as in Article 2 of Regulation (EC) No 1370/2007 , as amended from time to time;
“public service operator” has the same meaning as in Article 2 of Regulation (EC) No 1370/2007 , as amended from time to time;
;
f
after the definition of “railway infrastructure” insert —
Regulation (EC) No 1370/2007 ” means Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23rd October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No. 1191/69 and 1107/70 ;
“relevant public service contract” means a public service contract under which a relevant public service operator provides public passenger transport, the route or routes of which overlap with the route of the international passenger service notified to the Office of Rail Regulation under regulation 16(4A);
“relevant public service operator” means a public service operator providing public passenger transport, the route or routes of which overlap with the route of the international passenger service notified to the Office of Rail Regulation under regulation 16(4A);
;
g
omit the definition of “transit rights”.
3
For regulation 5 (access and transit rights) substitute —
Access rights
5
1
A railway undertaking is entitled on equitable conditions to such access as may be necessary for the purpose of the operation of any type of rail freight service or international passenger service.
2
Subject to paragraph (3), the access rights of a railway undertaking for the purpose of the operation of an international passenger service include the right to pick up passengers at any station located on the international route and set them down at another, including stations located in the same Member State.
3
The rights conferred by paragraphs (1) and (2) are exercisable subject to the provisions of regulation 29A.
4
It is the duty of the infrastructure manager to ensure that the entitlements conferred by this regulation are honoured.
5
Without prejudice to the generality of regulation 29, if a railway undertaking is denied the entitlements conferred on it by this regulation other than pursuant to a decision of the Office of Rail Regulation under regulation 29A, that railway undertaking has a right of appeal to the Office of Rail Regulation in accordance with regulation 29.
.
4
In regulation 6 (access to terminals and ports) —
a
in paragraphs (1) and (4) for “an international grouping or” substitute “a”;
b
in paragraph (2) omit “international groupings and”; and
c
in paragraph (4) omit “international grouping or” in the second place that it appears.
5
For regulation 13(3) (infrastructure costs) substitute–
3
The Office of Rail Regulation must-
a
in the case of a rail link facility, exercise its rights and responsibilities under or by virtue of the relevant development agreement; and
b
in any other case, exercise its functions under the Act
in order to ensure that the requirements set out in paragraph (2) are complied with.
.
6
In regulation 16 (capacity allocation), insert after paragraph (4) —
4A
An applicant applying for infrastructure capacity with a view to operating an international passenger service must give notice of that fact to the infrastructure manager concerned and to the Office of Rail Regulation and provide them with such information as the Office of Rail Regulation may reasonably require or prescribe.
4B
When the Office of Rail Regulation receives a notice from an applicant under paragraph (4A), it must provide any competent authority that has awarded a rail passenger service defined in a relevant public service contract, any railway undertaking which is a relevant public service operator and any other competent authority with a right to limit access along the route of the international passenger service notified under paragraph (4A) with a copy of the information in relation to that service provided to it in accordance with that paragraph.
.
7
In regulation 18 (framework agreements) —
a
in paragraph (3) insert “and without prejudice to paragraph (9B)” between “applicant” and “, a framework”;
b
in paragraph (7) —
i
for “and (9)” substitute “, (9) and (9A)”; and
ii
after “years” at the end of the paragraph insert “, renewable for periods equal to its original duration; provided that the infrastructure manager may agree to a shorter or longer period in specific cases.”;
c
in paragraph (8) —
i
before “A framework agreement” insert “Subject to paragraphs 9 and 9(A),”; and
ii
for “of between five and ten years” substitute “longer than five years”;
d
for paragraph (9) substitute —
9
Subject to paragraph (9A), a framework agreement in relation to infrastructure which has been designated in accordance with regulation 22(2) (“a designated infrastructure framework agreement”) may be for a period of up to fifteen years where there is a substantial and long-term investment justified by the applicant
;
e
after paragraph (9) insert —
9A
A designated infrastructure framework agreement may be for a period in excess of fifteen years in exceptional circumstances, in particular where there is large-scale and long-term investment and particularly where such investment is covered by contractual commitments including a multi-annual amortisation plan.
9B
An application for a designated infrastructure framework agreement to which paragraph (9) or (9A) applies may specify the capacity characteristics, including the frequency, volume and quality of the train paths, to be provided to the applicant for the duration of the framework agreement in sufficient detail to ensure that these are clearly established.
9C
The infrastructure manager may reduce capacity reserved under the terms of a designated infrastructure framework agreement to which paragraph (9) or (9A) applies where, over a continuous period of at least one month, that capacity has been used less than the threshold quota stipulated in the network statement.
; and
f
for paragraph (12) substitute —
12
Before entering into a framework agreement in relation to a rail link facility, and before amending any such agreement, the infrastructure manager and the applicant must obtain the approval of the Office of Rail Regulation.
13
Nothing in these Regulations has the effect of applying any of sections 17 to 22C of the Act to a rail link facility.
.
8
In regulation 28 (regulatory body), omit —
a
in paragraph (2) “or, in the case of a rail link facility, the Secretary of State,”;
b
in paragraph (3) “Subject to paragraph (4),”; and
c
paragraph (4).
9
After regulation 29 (appeals to the regulatory body), insert —
Regulatory decisions concerning international passenger services
29A
1
The Office of Rail Regulation must at the request of a relevant competent authorities or an interested railway undertaking or other party, or may on its own initiative, determine whether a service for the transport of passengers by train is an international passenger service.
2
The Office of Rail Regulation-
a
must at the request of a relevant party, or may on its own initiative, determine whether the exercise of the right conferred under regulation 5 by an applicant for infrastructure capacity notified under regulation 16(4A) would compromise the economic equilibrium of a relevant public service contract; and
b
must make the determination on the basis of an objective economic analysis and in accordance with pre-determined criteria published by it.
3
For the purposes of paragraph (2) relevant parties are the competent authority that awarded a relevant public service contract, any other competent authority with a right to limit access along the route of the international passenger service notified under regulation 16(4A), any railway undertaking which is a relevant public service operator and the infrastructure manager concerned.
4
Subject to paragraph (7), the Office of Rail Regulation must, within two months of the date of receipt of all relevant information (including information provided pursuant to regulation 31) and having consulted the relevant parties, as appropriate —
a
make a decision on a request made or following a decision to consider on its own initiative under paragraph (2);
b
where appropriate, issue a direction to the infrastructure manager, allocation body, charging body, service provider or, as the case may be, railway undertaking, limiting the access rights conferred in a framework agreement if the exercise of the rights would compromise the economic equilibrium of a relevant public service contract;
c
provide the relevant parties and any railway undertaking seeking access rights to infrastructure for the purpose of operating an international passenger service with the grounds for its decision; and
d
specify a reasonable time period within which, and the conditions under which, any competent authority that has awarded a relevant public service contract, any railway undertaking which is a relevant public service operator, the infrastructure manager concerned and any railway undertaking seeking access rights to infrastructure for the purpose of operating an international passenger service may request a reconsideration of the decision or direction or both.
5
Where the Office of Rail Regulation has received a properly made request for a reconsideration of its decision or direction in accordance with paragraph (4)(d), any direction it has made under paragraph (4)(b) will not take effect pending reconsideration.
6
Subject to paragraph (7), where the Office of Rail Regulation has received a properly made request for a reconsideration of its decision or direction under paragraph (2) in accordance with paragraph (4)(d), it must, within two months of the date of receipt of all relevant information (including information provided pursuant to regulation 31) —
a
make a reconsidered decision on a request; and
b
where appropriate, issue or reissue a direction or directions to the infrastructure manager, allocation body, charging body, service provider or, as the case may be, railway undertaking.
7
Where a decision or direction under paragraphs (4) or (6) would affect a rail link facility or, as the case may be, the operation of the development agreement, the Office of Rail Regulation must consult and, subject to paragraph (8), take into account any representations made by, the Secretary of State before making or issuing such a decision or direction.
8
Where paragraph (7) applies and, following consultation, the Secretary of State submits representations, the Office of Rail Regulation must, before making or issuing a decision or direction, or reconsidered decision or direction, consult such interested parties as it considers appropriate on the representations submitted by the Secretary of State.
9
In making a decision on a request made or following a decision to consider on its own initiative under paragraph (2), or a request for a reconsideration of its decision under paragraph (5), the Office of Rail Regulation must either —
a
confirm that no modification of the infrastructure manager or allocation body’s decision to award access rights is required; or
b
require modification of that decision in accordance with directions issued by that Office.
10
Without prejudice to the right of any person to make an application to the court under Part 54 of the Civil Procedure Rules 1998 —
a
a decision by the Office of Rail Regulation on a request made or following a decision to consider on its own initiative under paragraph (2) is binding on all parties affected by that decision; and
b
it is the duty of any person to whom a direction is given under this regulation to comply with and give effect to that direction.
;
10
In regulation 31(provision of information to the regulatory body) —
a
for “29 or 30” substitute “13, 29, 29A or 30”; and
b
in sub-paragraph (a)(iii) —
i
for “and Directive 2004/51/EC dated 29 April 2004, both” substitute —
,Directive 2004/51/EC dated 29 April 2004 and Directive 2007/58/EC dated 23 October 2007, all
; and
ii
for “on safety on the Community’s railways, both” substitute —
and Directive 2007/58/EC dated 23 October 2007, all
.
11
In regulation 33 (statutory authority to run trains), for “transit, or access and transit” substitute “access”.
12
In regulation 34 (application of enactments concerning railways), omit —
a
between the words “apply to” and “railway” “international groupings and”; and
b
between the words “access” and “rights” “or transit”.
13
Regulation 35 (international groupings) is repealed.
14
In regulation 36 (civil proceedings) -
a
in paragraph (1)-
i
after sub-paragraph (d) omit “or”;
ii
after sub-paragraph (e), insert —
or;
paragraph (10) of regulation 29A,
; and
b
in paragraph (2), omit “international grouping, ”.
15
In Schedule 3 (access charging)-
a
for paragraph 3(2)(a) substitute “(a) the project must increase efficiency or cost-effectiveness; and”;
b
in paragraph 6 –
i
in sub-paragraph (1), insert “notwithstanding” between “the Treaty, and” and “paragraph 1(4)”; and
ii
in sub-paragraph (3), between “services, or” and “encouraging the” insert “discounts” .
Consequential amendments
3
The Schedule (consequential amendments) has effect.
Signed by authority of the Secretary of State for Transport
Andrew Adonis
Minister of State
Department for Transport
30th April 2009


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


text:
Citation and commencement
1
These Regulations may be cited as the Public Service Vehicles (Enforcement Powers) Regulations 2009 and come into force on 1st October 2009.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Public Passenger Vehicles Act 1981;
“hiring agreement” and “vehicle-hire firm” have the same meaning as in section 66 of the Road Traffic Offenders Act 1988 ;
“licence” means a PSV operator’s licence ;
“owner”, as regards a vehicle which has been detained by virtue of regulation 3, means —
in the case of a vehicle which, at the time of its detention, was hired from a vehicle-hire firm under a hiring agreement, the vehicle-hire firm; or
in the case of a vehicle to which paragraph (a) does not apply, the person who can show to the satisfaction of the authorised person that, at the time the vehicle was detained, the person lawfully owned the vehicle (whether or not that person was the person in whose name the vehicle was registered under the Vehicle Excise and Registration Act 1994 ); and
“vehicle” means a public service vehicle adapted to carry more than 8 passengers.
2
In these Regulations, any reference to a person being entitled to the return of contents or personal effects is a reference to a person who satisfies the requirements prescribed in regulation 7(2).
Detention of vehicles and contents
3
1
Where an authorised person has reason to believe that a vehicle is being, or has been, used on a road in contravention of section 12(1) of the Act, that person may detain the vehicle and its contents.
2
Paragraph (1) does not authorise a person other than a constable in uniform to stop a vehicle on any road.
Passengers
4
1
This regulation applies where a vehicle is detained by virtue of regulation 3 and, at the time of its detention, passengers are travelling on the vehicle.
2
Where this regulation applies the authorised person must make provision for the passengers, with their personal effects, to be transported in safety —
a
to their destination; or
b
to a suitable place from which to continue their journey.
3
In making provision under paragraph (2), the authorised person must have particular regard to the needs of passengers who appear to the authorised person to be —
a
under the age of 18 years; or
b
elderly or disabled persons.
Immobilisation of vehicle
5
1
Where a vehicle has been detained by virtue of regulation 3 the authorised person may —
a
fix an immobilisation device to the vehicle in the place where the vehicle has been detained; or
b
move the vehicle, or require it to be moved, to a more convenient place and fix an immobilisation device to the vehicle in that other place.
2
A vehicle to which an immobilisation device has been fixed in accordance with paragraph (1) may be released from the device only by or on the direction of an authorised person.
3
Where an immobilisation device has been fixed to a vehicle in accordance with this regulation, the authorised person fixing the device must also fix to the vehicle an immobilisation notice —
a
indicating that an immobilisation device has been fixed to the vehicle;
b
indicating that the vehicle may be released from the device only by or under the direction of an authorised person;
c
providing details as to where the authorised person may be contacted, and information about the procedure under which an application may be made for the release of the vehicle from the device;
d
warning that the notice must not be removed or interfered with except by or on the authority of an authorised person; and
e
warning that no attempt must be made to drive the vehicle or otherwise put it in motion.
4
An immobilisation notice fixed to a vehicle in accordance with paragraph (3) must not be removed or interfered with except by or on the authority of an authorised person.
Offences relating to immobilisation
6
1
A person who removes or attempts to remove, otherwise than in accordance with regulation 5(2), an immobilisation device fixed to a vehicle in accordance with regulation 5(1) is guilty of an offence.
2
A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
A person who removes or interferes with, otherwise than in accordance with regulation 5(4), an immobilisation notice fixed to a vehicle in accordance with regulation 5(3) is guilty of an offence.
4
A person guilty of an offence under paragraph (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Contents and personal effects
7
1
Where a vehicle is detained by virtue of regulation 3, the authorised person must take such steps as are reasonably practicable to return the contents and any personal effects remaining on the vehicle to the person who is entitled to their return.
2
For the purposes of these Regulations a person is entitled to the return of contents or personal effects if —
a
the person has provided satisfactory evidence of entitlement to the authorised person; or
b
the person has, where the person seeks to recover contents or personal effects as the agent of another person, provided satisfactory evidence to the authorised person of the person’s status as agent and of the principal’s entitlement to the contents or personal effects.
3
Where, by virtue of these Regulations, more than one person seeks to provide evidence of entitlement to any contents or personal effects, the authorised person must determine which of those persons is entitled to the contents or personal effects on the basis of the evidence provided by them.
Removal and delivery of property into custody of nominated custodian
8
1
An authorised person may direct that —
a
a vehicle detained by virtue of regulation 3, or
b
any contents so detained, or any personal effects remaining on a vehicle so detained, which it has not been possible to return to the person entitled to their return,
be removed and delivered into the custody of a person specified in the direction (“the nominated custodian”) .
2
A direction under paragraph (1) must be given in writing.
3
An authorised person may, in giving a direction under paragraph (1) in relation to a vehicle —
a
allow the vehicle to be driven, towed or removed by such means as the authorised person considers reasonable in the circumstances; and
b
provide for any other necessary steps to be taken in relation to the vehicle in order to facilitate its removal.
4
An authorised person may, in giving a direction under paragraph (1), provide for any contents or personal effects to be removed separately from the vehicle if the authorised person considers that —
a
it is reasonable to do so to facilitate removal of the vehicle;
b
there is good reason for storing the contents or personal effects at a different place from the vehicle; or
c
the condition of the contents or personal effects requires them to be disposed of without delay.
5
The authorised person may also, in giving a direction under paragraph (1), allow the driver of the vehicle to —
a
transport any passengers travelling on the vehicle at the time that it was detained,
b
deliver any contents of the vehicle, or
c
deliver any personal effects remaining on the vehicle,
to their destination, or to some other suitable place, before delivering the vehicle into the custody of the nominated custodian, provided the authorised person is satisfied that the passengers, contents or personal effects can be transported on the vehicle in safety.
6
The nominated custodian must be a person who has agreed with the Secretary of State to accept delivery of any vehicle, contents and personal effects.
7
The agreement made under paragraph (6) may include provision for the payment of a sum of money to the nominated custodian by the authorised person.
Informing persons that their property has been detained etc
9
1
Subject to regulation 18(1), this regulation applies in relation to —
a
a vehicle detained by virtue of regulation 3; or
b
any contents so detained, or any personal effects remaining on a vehicle so detained, which it has not been possible to return to the person entitled to their return.
2
Where this regulation applies an authorised person must —
a
publish a notice in at least one newspaper circulating in such areas as the authorised person considers appropriate in the circumstances of the case, and
b
publish a notice —
i
if the property was detained, or remained on a vehicle that was detained, in England or Wales, in the London Gazette, or
ii
if the property was detained, or remained on a vehicle that was detained, in Scotland, in the Edinburgh Gazette,
containing the information described in paragraph (4).
3
A copy of the notice published in accordance with paragraph (2) must be served by the authorised person on —
a
the owner of the vehicle;
b
the traffic commissioner for the traffic area in which the vehicle was detained;
c
the chief officer or, in Scotland, chief constable of the police force in whose area the vehicle was detained;
d
the Association of British Insurers; and
e
the British Vehicle Rental and Leasing Association, where the vehicle was hired from a vehicle-hire firm under a hiring agreement.
4
The information is —
a
a brief description of the vehicle and contents detained, or personal effects remaining on a vehicle so detained, including the registration mark (if any) of any vehicle;
b
the time and place at which, and the powers under which, the vehicle was detained;
c
the procedure under which, and the date by which —
i
an application may be made to the traffic commissioner for the area in which the vehicle was detained for the return of any vehicle so detained; or
ii
a person may claim any contents or personal effects which have not been disposed of in accordance with regulation 18(1);
d
a statement that if, by the date specified by virtue of sub-paragraph (c), no person has made an application to the traffic commissioner in accordance with regulation 11, the authorised person intends to allow the vehicle to be disposed of in accordance with regulation 16; and
e
a statement that if, by the date specified by virtue of sub-paragraph (c), no person has sought to establish that they are entitled to the return of contents or personal effects, the authorised person intends to allow the contents or personal effects to be disposed of in accordance with regulation 18(2).
5
The date specified by virtue of paragraph (4)(c) must be no less than 21 days after the date by which all the obligations prescribed in paragraph (2) have been fulfilled.
Return of vehicle
10
1
In the circumstances described in paragraph (2), a vehicle detained by virtue of regulation 3 must be returned to the owner, without the need for an application under regulation 11.
2
The circumstances are that the authorised person is satisfied that one or more of the grounds specified in paragraph (3) is or are made out.
3
The grounds are —
a
that, at the time the vehicle was detained, the person using the vehicle held a valid licence (whether or not authorising the use of the vehicle);
b
that, at the time the vehicle was detained, the vehicle was not being, and had not been, used in contravention of section 12(1) of the Act;
c
that, although at the time the vehicle was detained it was being, or had been, used in contravention of section 12(1) of the Act, the owner did not know that it was being, or had been, so used;
d
that, although knowing at the time the vehicle was detained that it was being, or had been, used in contravention of section 12(1) of the Act, the owner —
i
had taken steps with a view to preventing that use; and
ii
has taken steps with a view to preventing any further such use.
Application to traffic commissioner for return of vehicle
11
1
The owner of a vehicle detained in accordance with regulation 3 may, no later than the date specified by virtue of regulation 9(4)(c), apply to the traffic commissioner for the area in which the vehicle was detained for the return of the vehicle.
2
An application under paragraph (1) must —
a
be made on one or more of the grounds specified in regulation 10(3);
b
specify on which of those grounds the application is made;
c
be made in writing; and
d
include a statement of evidence to support the application.
3
Where the applicant wishes the traffic commissioner to hold a hearing, the application under paragraph (1) must include a written statement to that effect.
4
The period referred to in paragraph (1) is subject to regulation 25.
Hearings by traffic commissioner
12
1
If —
a
an application under regulation 11(1) includes a written statement stating that the applicant wishes the traffic commissioner to hold a hearing, or
b
having received an application under regulation 11(1) the traffic commissioner decides that it would be appropriate to hold a hearing before making a determination on the application,
the traffic commissioner must hold a hearing within 28 days of receipt of the application (subject to the power of the traffic commissioner to extend the period in accordance with regulation 25).
2
Information about the time and place at which the traffic commissioner proposes to hold a hearing by virtue of paragraph (1) must be published in the Notices and Proceedings issued in accordance with regulation 3 of the Public Service Vehicles (Traffic Commissioners: Publication and Inquiries) Regulations 1986 .
3
At any hearing held by virtue of this regulation the parties are entitled to —
a
give evidence;
b
call witnesses;
c
cross examine witnesses; and
d
address the traffic commissioner —
i
on the evidence; and
ii
generally on the subject matter of the hearing.
4
Subject to paragraph (5), a hearing held by virtue of this regulation must be held in public.
5
Notwithstanding paragraph (4), the traffic commissioner may direct that the whole or any part of a hearing under this regulation is to be held in private if the traffic commissioner is satisfied that it is just and reasonable to do so by reason of —
a
the likelihood of disclosure of information about personal or financial circumstances;
b
the likelihood of disclosure of commercially sensitive information or information obtained in confidence; or
c
exceptional circumstances not falling within sub-paragraph (a) or (b).
6
Where a hearing is held in private, the traffic commissioner may admit such persons as the traffic commissioner considers appropriate.
Notification of determinations
13
1
The traffic commissioner must notify the applicant in writing of the traffic commissioner’s determination of an application made under regulation 11 as soon as reasonably practicable and, subject to regulation 25, within the period specified in paragraph (2).
2
The period is —
a
where no hearing is held, within 21 days of receipt of the application; or
b
where a hearing is held, within 14 days of the conclusion of the hearing.
Consequences of the traffic commissioner’s determination
14
If —
a
an application is made to the traffic commissioner under regulation 11, and
b
the traffic commissioner determines that one or more of the grounds specified in regulation 10(3) is or are made out,
the traffic commissioner must order the nominated custodian to return the vehicle to the owner.
Appeal to Upper Tribunal from traffic commissioner
15
A person who made an application under regulation 11(1) may appeal to the Upper Tribunal against a determination of the traffic commissioner.
Sale or destruction of vehicle
16
1
Subject to paragraphs (2) and (3), and provided a notice containing the information described in regulation 9(4) has been published and served in accordance with regulation 9(2) and (3), if —
a
no application is made to the traffic commissioner under regulation 11 for the return of the vehicle, or
b
such an application is made but the traffic commissioner, or the Upper Tribunal where there is an appeal under regulation 15, determines that none of the grounds specified in regulation 10(3) is made out,
the vehicle may be sold or destroyed by the nominated custodian.
2
The nominated custodian must not sell or destroy the vehicle without the permission of the authorised person.
3
The nominated custodian must not sell or destroy the vehicle —
a
until any period specified in the Tribunal Procedure (Upper Tribunal) Rules 2008 for a notice of appeal to be provided to the Upper Tribunal has expired with no such notice of appeal having been provided; or
b
until, where a notice of appeal has been provided to the Upper Tribunal, the appeal has been finally disposed of.
4
After the sale or destruction of a vehicle by virtue of paragraph (1) the nominated custodian must serve notice of the disposal on —
a
the owner of the vehicle;
b
the traffic commissioner for the traffic area in which the vehicle was detained;
c
the chief officer or, in Scotland, chief constable of the police force in whose area the vehicle was detained;
d
the Driver and Vehicle Licensing Agency;
e
the Association of British Insurers; and
f
the British Vehicle Rental and Leasing Association, where the vehicle was hired from a vehicle-hire firm under a hiring agreement.
5
For the purposes of paragraph (3)(b), an appeal is “finally disposed of” on the latest of the following dates —
a
the date on which the appeal is finally determined,
b
the date on which the time for any further appeal expires without any such appeal having been made, or
c
the date on which the appeal is abandoned or withdrawn,
and in this paragraph “appeal” includes a reference to any further appeal or appeals.
Return or disposal of contents and personal effects
17
1
The nominated custodian must retain custody of any contents or personal effects delivered into the custody of the nominated custodian by virtue of regulation 8 until —
a
the contents or personal effects are returned, in accordance with this regulation, to the person who is entitled to their return; or
b
the contents or personal effects are sold or destroyed by the nominated custodian in accordance with regulation 18.
2
A person seeking the return of any contents or personal effects described in paragraph (1) must give written notice to the nominated custodian no later than the date specified by virtue of regulation 9(4)(c).
3
Except where the contents or personal effects have been disposed of in accordance with regulation 18(1), the nominated custodian must return any contents or personal effects to a person who has, by virtue of the notice given in accordance with paragraph (2), established that the person is entitled to the return of the contents or personal effects.
Disposal of contents and personal effects
18
1
Where the authorised person is of the opinion that the condition of contents detained by virtue of regulation 3, or personal effects that remained on a vehicle so detained, (and which it has not been possible to return to the person entitled to their return), is such that they must be disposed of without delay, those contents or personal effects may be disposed of by the authorised person or the nominated custodian without the authorised person first complying with the requirements prescribed in regulation 9.
2
Subject to paragraph (3), where such contents or personal effects are not disposed of in accordance with paragraph (1) and —
a
one or more persons has given written notice in accordance with regulation 17(2), but no person has established that they are entitled to the return of the property, or
b
no written notice has been given in accordance with regulation 17(2),
the nominated custodian may sell or destroy the contents or personal effects.
3
The nominated custodian may not sell or destroy contents or personal effects in accordance with paragraph (2) unless —
a
the nominated custodian has the permission of the authorised person;
b
the authorised person has complied with the requirements prescribed in regulation 9; and
c
the date specified by virtue of regulation 9(4)(c) has passed.
Custody of property
19
1
Subject to paragraph (2), it is the duty of the nominated custodian, at any time while property consisting of —
a
vehicles or contents detained by virtue of regulation 3, or
b
personal effects remaining on a vehicle so detained,
is in the custody of the nominated custodian, to take such steps as are necessary for the safe custody of the property.
2
Paragraph (1) is subject to the powers of the nominated custodian to dispose of property by virtue of these Regulations.
Proceeds of sale
20
1
Subject to paragraph (2), the proceeds of sale of any property sold under regulation 16 or 18 must —
a
be applied towards meeting expenses incurred by any authorised person exercising functions by virtue of these Regulations in relation to the property in question; and
b
in so far as they are not so applied, be applied in meeting any claim to the proceeds of sale which is made and established in accordance with paragraph (3).
2
Where the proceeds of sale of any property sold under regulation 16 or 18 exceed the expenses referred to in paragraph (1)(a) and —
a
no person has established entitlement to the proceeds of sale of the property, or
b
a person has established entitlement to the proceeds of sale of the property, but excess proceeds remain once the claim has been satisfied,
the excess proceeds may be applied towards meeting expenses incurred by any authorised person exercising functions in relation to any other property detained by virtue of regulation 3, or any personal effects remaining on a vehicle so detained.
3
For the purposes of paragraph (1), a claim to the proceeds of sale of any property is established if —
a
the claim is made not later than one year after the date on which the property was sold; and
b
the authorised person is satisfied that —
i
if the property consists of a vehicle, the person making the claim was the owner of the vehicle immediately before it was sold by virtue of regulation 16; or
ii
if the property consists of contents or personal effects, the person making the claim would, had the person made an appropriate application at the prescribed time, have been entitled to the return of the property by virtue of regulation 17.
4
Where the conditions specified in paragraph (3) are satisfied, the authorised person must pay the person a sum calculated in accordance with paragraph (5).
5
Any sum payable under paragraph (4) is to be calculated by deducting from the proceeds of sale the expenses incurred by the authorised person in exercising functions under these Regulations in relation to the property, including for the detention, removal, storage and sale of the property.
Disputes
21
1
This regulation applies to any dispute which arises in relation to —
a
the return or disposal of —
i
any contents of a vehicle detained by virtue of regulation 3; or
ii
any personal effects that remained on a vehicle detained by virtue of regulation 3; or
b
the application of the proceeds of sale of —
i
any vehicle detained by virtue of regulation 3;
ii
any contents detained by virtue of regulation 3; or
iii
any personal effects remaining on a vehicle detained by virtue of regulation 3.
2
Where this regulation applies, the claimant may apply to the Secretary of State on the grounds that the authorised person or, as the case may be, the nominated custodian, did not comply with any or all of the requirements specified in regulation 9 or regulations 16 to 20.
3
An application under this regulation must be made not later than one year after —
a
the date on which the action complained of was completed; or
b
the date by which, by virtue of these Regulations, action should have been taken but, in the opinion of the complainant, has not been taken.
4
The Secretary of State must —
a
consider an application made under paragraph (2), together with any evidence submitted in support of such an application; and
b
make a determination as to whether or not the grounds of the application have been established.
5
The Secretary of State must notify the claimant in writing of the determination made under paragraph (4)(b).
6
If the determination of the Secretary of State is that the grounds of the application have been established, the authorised person must pay to the claimant such sum of money as the Secretary of State may specify.
7
If the determination of the Secretary of State is that the grounds of the application have not been established, the notification given under paragraph (5) must inform the claimant of the right of appeal under paragraph (8).
8
An appeal may be made against the determination of the Secretary of State to the appropriate court by a claimant where —
a
the determination of the Secretary of State in response to an application under paragraph (2) is that the grounds of the application have not been established; or
b
the Secretary of State has not notified the claimant of the outcome of the application in accordance with paragraph (5), and 56 days have elapsed since the date on which the application was made.
9
An appeal under paragraph (8) must be made not later than 21 days after —
a
the date of the notification given under paragraph (5); or
b
where such notification has not been given, the end of the 56 day period after the date on which the application was made.
10
If the appropriate court finds that the grounds of appeal have been established, the Secretary of State must pay the claimant such sum of money as the court may specify.
11
For the purposes of this regulation, “appropriate court” means —
a
in England and Wales, a magistrates’ court; and
b
in Scotland, the sheriff court in the sheriffdom —
i
in which the claimant resides (where the claimant is an individual);
ii
where the principal or last known place of business of the claimant is situated (where the claimant is a partnership); or
iii
where the registered or principal office of the claimant is situated (where the claimant is an incorporated or unincorporated body).
Obstruction of an authorised person
22
1
A person who intentionally obstructs an authorised person in the exercise of the powers arising by virtue of these Regulations is guilty of an offence.
2
A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Offences as to securing possession of property
23
1
Where a person makes a declaration with a view to securing the return of a vehicle under regulation 14 and the declaration —
a
is that the vehicle was not being, or had not been, used in contravention of section 12(1) of the Act, and
b
is to the person’s knowledge either false or in any material respect misleading,
that person is guilty of an offence.
2
A person guilty of an offence under paragraph (1) is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; and
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Service of notice or application
24
1
Any notice or application given or made under these Regulations is to be regarded as having been served on a party if it is —
a
delivered by hand to the party;
b
left at the proper address of the party;
c
sent by post to the proper address of the party; or
d
transmitted to the party in electronic format in accordance with paragraph (2).
2
A document may be transmitted in electronic format where the receiving party —
a
has indicated in writing to the sending party, and has not withdrawn or varied that indication, that service in electronic format will be accepted; and
b
has provided the sending party with the fax number, e-mail address or other electronic address to which such documents should be sent.
3
Where the proper address includes a box number at a document exchange, delivery of a document may be effected by leaving the document addressed to that numbered box at the document exchange, or at a document exchange which transmits documents on every business day to that exchange.
4
Any document which is left at a document exchange in accordance with paragraph (3) is, unless the contrary is proved, to be deemed to have been delivered on the second business day after the day on which it is left.
5
If no address for service has been specified, the proper address for the purposes of these Regulations and of section 7 of the Interpretation Act 1978 is to be taken to be —
a
in the case of an individual, the person’s usual or last known address;
b
in the case of a partnership, the principal or last known place of business of the partnership within the United Kingdom; or
c
in the case of an incorporated or unincorporated body, the registered or principal office of the body.
6
A person may at any time by notice to another person change the proper address of service of the first person for the purposes of these Regulations.
Extension of time
25
1
Where a traffic commissioner considers it to be necessary in order for a particular case to be dealt with fairly and justly, the traffic commissioner may extend any of the periods described in paragraph (3).
2
A period described in paragraph (3) may only be extended for such period as the traffic commissioner considers appropriate in the circumstances of the case.
3
The periods are those referred to in —
a
regulation 11(1);
b
regulation 12(1); and
c
regulation 13(2).
Signed by authority of the Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
16th July 2009


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Lloyd’s Underwriters (Tax) (Amendment) Regulations 2009 and shall come into force on 1st December 2009.
2
These Regulations shall have effect in relation to a syndicate return made in respect of profits or losses declared after 31st December 2009.
3
In paragraph (2) “syndicate return” means a return of a syndicate’s profit or loss for an underwriting year under regulation 4 of the Lloyd’s Underwriters (Tax) Regulations 2005 .
Amendment of the Lloyd’s Underwriters (Tax) Regulations 2005
2
1
The Lloyd’s Underwriters (Tax) Regulations 2005 are amended as follows.
2
After regulation 5 insert —
Notice to provide report on technical provisions
5A
In relation to both members who are individuals and corporate members, paragraph 2 of Schedule 11 to the Finance Act 2007 (technical provisions made by general insurers: enforcement) shall apply with the following modifications —
a
in sub-paragraphs (1), (2), (4), (5) and (6) for “general insurer” in each place it occurs substitute “syndicate’s managing agent”; and
b
in sub-paragraph (2) —
i
for “general insurer’s” substitute “managing agent’s”, and
ii
for “the company tax return” substitute “the syndicate return”.
.
Mike Eland
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
28th October 2009


text:
1
These Regulations may be cited as the Air Navigation (Restriction of Flying) (London Stansted Airport) (No. 2) Regulations 2009 and come into force on 24th September 2009.
2
In regulation 3 all times referred to are Co-ordinated Universal Time.
3
Subject to regulation 4, from 0001 hours on 24th September 2009 to 2359 hours on 6th April 2012, no aircraft is to fly below 1,500 feet above mean sea level within —
a
the area bounded successively by —
i
the anticlockwise arc of a circle having a radius of 8 nautical miles centred on point 515306N 0001406E, from 515416N 0002653E to 520104N 0001503E;
ii
a straight line joining the points 520104N 0001503E and 520517N 0002124E;
iii
the clockwise arc of a circle having a radius of 13 nautical miles centred on the point 515306N 0001406E, from 520517N 0002124E to 515828N 0003314E; and
iv
a straight line joining the points 515828N 0003314E and 515416N 0002653E; or
b
the area bounded successively by —
i
the clockwise arc of a circle having a radius of 8 nautical miles centred on the point 515306N 0001406E, from 514508N 0001309E to 515155N 0000120E;
ii
a straight line joining the points 515155N 0000120E and 515146N 0000006W;
iii
a straight line joining the points 515146N 0000006W and 514550N 0000316W;
iv
the anticlockwise arc of a circle having a radius of 13 nautical miles centred on the point 515306N 0001406E, from 514550N 0000316W to 514055N 0000652E; and
v
a straight line joining the points 514055N 0000652E and 514508N 0001309E.
4
Regulation 3 does not apply to any aircraft —
a
equipped with serviceable secondary surveillance radar equipment which includes a pressure altitude reporting transponder operating in Mode A and Mode C; or
b
of which the commander has obtained permission to enter any of the airspace restricted by regulation 3 from, as may be appropriate, the air traffic control unit at —
i
London Stansted Airport,
ii
Essex Radar, or
iii
Farnborough Radar.
5
In these Regulations, the expressions “Mode A”, “Mode C” and “secondary surveillance radar equipment” referred to in relation to Scale E1, Scale E2 and Scale E3 respectively in paragraph 4 of Schedule 5 to the Air Navigation Order 2005, each have the same meaning as in paragraph 5 of that Schedule.
Signed by authority of the Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
20th July 2009


text:
Citation and commencement
1
This Order may be cited as The Traffic Management (London Borough of Bromley) Permit Scheme Order 2009 and is to come into effect on 1st April 2010.
Interpretation
2
In this Order —
“the London Borough of Bromley 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 Bromley 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 Bromley Permit Scheme comes into effect on 1st April 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 Bromley 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 Flood Defence (Robertsbridge Works) Order 2009 and comes into force on 10th February 2009.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the Agency” means the Environment Agency;
“the deposited plan” means the plan certified by the Secretary of State for Environment, Food and Rural Affairs for the purposes of this Order and deposited at the offices of the Agency at Guildbourne House, Chatsworth Road, Worthing, West Sussex BN11 1LD;
“the flood gates” means any of the flood gates referred to in article 3;
“High Street” means the public highway known as High Street shown on the deposited plan;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and cognate expressions are to be construed accordingly;
“Northbridge Street” means the public highway known as Northbridge Street shown on the deposited plan; and
“Station Road” means the public highway known as Station Road shown on the deposited plan.
Maintenance and operation of Robertsbridge Works
3
The Agency may maintain and operate, together with any necessary associated works, flood gates capable of being drawn across each of Northbridge Street, High Street and Station Road in Robertsbridge in East Sussex to seal parts of the town against floodwaters arising at any time from one or both of the River Rother and the Darwell Stream, as shown on the deposited plan.
Temporary stopping up and interference with streets during operation or maintenance of flood gates
4
1
The Agency may close the flood gates and in so doing obstruct one or more of the public rights of way on Northbridge Street, High Street and Station Road at any time and for such period as is necessary in the interests of flood defence or to maintain the flood gates.
2
Without prejudice to the application of Chapter 2 of Part 2 (Abstraction and Impounding) of the Water Resources Act 1991 the Agency may by means of closing the flood gates intercept, divert or otherwise interfere with any flood water.
3
The Agency must make reasonable efforts to provide at all times reasonable access for pedestrians going to or from premises in Northbridge Street, High Street or Station Road insofar as such access is affected by the exercise of the powers conferred by this article.
4
The Agency must not, except in a case of urgency, exercise the powers of paragraph (1) without first consulting the highway authority.
5
In exercising its powers under article 3 (maintenance and operation of Robertsbridge Works) and paragraph (1), the Agency must keep inconvenience and disruption to the public to the minimum possible consistent with the proper operation and maintenance of the flood gates in the interests of flood defence.
6
In paragraph (4) above, “highways authority” has the same meaning as in the Highways Act 1980 .
Traffic signs
5
1
The Agency may for the purposes of, or in connection with the operation of, the flood gates, place or maintain on Northbridge Street, High Street and Station Road and any street giving access to them, traffic signs of a type prescribed by regulations made under section 64(1)(a) of the 1984 Act or traffic signs of a description authorised by the Secretary of State under section 64(1)(b) of that Act.
2
The Agency must —
a
consult with the traffic authority as to the placing of signs; and
b
subject to paragraph (3), enter into arrangements with the traffic authority for the signs to be placed and maintained by the traffic authority.
3
Paragraph (2)(b) only applies where the traffic authority is willing to enter into those arrangements and is subject to any directions given under section 65 of the 1984 Act.
4
Any power conferred by section 65 of the 1984 Act to give directions to a traffic authority as to traffic signs includes a power to give directions to the Agency as to traffic signs under this article and powers conferred by paragraph (1) are exercisable subject to and in conformity with any directions given under that section.
5
Any word or expression used both in this article and in the 1984 Act has the same meaning for the purposes of this article as it has in that Act.
Chris De Grouchy
A Senior Civil Servant, for and on behalf of the
Secretary of State for Environment, Food and Rural Affairs
9th February 2009


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Replacement of Catalytic Converters and Pollution Control Devices) Regulations 2009 and come into force on 13th August 2009.
Interpretation
2
1
A reference in these Regulations to a vehicle being of category M or N followed by a number in subscript is to be construed in accordance with Annex II to the second Framework Directive where the vehicle was approved pursuant to the requirements of that Directive and, in all other cases, Annex II to the first Framework Directive .
2
In these Regulations––
“the 1982 Regulations ” means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 ;
“the 1984 Regulations ” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 ;
“the 1985 Regulations ” means the Motor Vehicles (Type Approval) Regulations (Northern Ireland) 1985 ;
“the 1998 Regulations ” means the Motor Vehicles ( EC Type Approval) Regulations 1998 ;
“the 2007 Regulations ” means the Motor Vehicles (Type Approval) Regulations (Northern Ireland) 2007 ;
“the 2009 Regulations ” means the Road Vehicles (Approval) Regulations 2009 ;
“the first Framework Directive” means Council Directive 70/156/ EEC ;
“the second Framework Directive” means Directive 2007/46/EC of the European Parliament and of the Council ;
“ ECE Regulation 83 ” means Regulation 83 which is an annex to the UNECE Agreement and contains uniform provisions concerning the approval of vehicles with regard to the emission of pollutants according to engine fuel requirements;
“ ECE Regulation 103 ” means Regulation 103 which is an annex to the UNECE Agreement and contains uniform provisions concerning the approval of replacement catalytic converters for power-driven vehicles (as in force on 4th April 2005);
“enforcement authority” means the Secretary of State;
“original equipment catalytic converter” has the meaning given by section 2.17 of Annex I to the Vehicle Emissions Directive or paragraph 2.1 of ECE Regulation 103;
“original pollution control device” has the meaning given in paragraph 12 of article 3 of Regulation (EC) No 715/2007 of the European Parliament and of the Council ;
“original replacement catalytic converter” means a catalytic converter within the meaning of section 2.19 of Annex I to the Vehicle Emissions Directive or paragraph 2.3 of ECE Regulation 103;
“original replacement pollution control device” has the meaning given in paragraph 7 of article 2 of Commission Regulation (EC) No 692/2008 ;
“a 220 relevant vehicle” means a vehicle which —
falls within vehicle category M 1 or N 1 ;
is subject to —
an EC certificate of conformity issued in accordance with the 1998 or 2009 Regulations, or any equivalent provision of the law of a member State (other than the United Kingdom) or any other EEA state giving effect to Article 6 of the first Framework Directive or article 18 of the second Framework Directive, or
a national certificate of conformity issued in accordance with the 1982 Regulations, the 1984 Regulations, the 1985 Regulations, the 2007 Regulations or the 2009 Regulations or any provision of the law of a member State (other than the United Kingdom) or any other EEA state having equivalent effect,
where that certificate was issued in consequence of the vehicle satisfying the requirements of the Vehicle Emissions Directive or ECE Regulation 83;
is fitted with, or at the time of it being issued with a certificate of conformity was fitted with, an original equipment catalytic converter; and
is first used on or after 1st March 2001;
“a 715 relevant vehicle” means a vehicle which —
falls within vehicle category M 1 , M 2 , N 1 or N 2 and has a reference mass not exceeding 2840kg;
is subject to —
an EC certificate of conformity issued in accordance with the 1998 or 2009 Regulations, or any equivalent provision of the law of a member State (other than the United Kingdom) or any other EEA state giving effect to Article 6 of the first Framework Directive or article 18 of the second Framework Directive, or
a national certificate of conformity issued in accordance with the 1982 Regulations, the 1984 Regulations, the 2007 Regulations or the 2009 Regulations or any provision of a member State (other than the United Kingdom) or any other EEA state having equivalent effect,
where that certificate was issued in consequence of the vehicle satisfying the requirements of the Vehicle Emissions Regulations ; and
is fitted with, or at the time of it being issued with a certificate of conformity was fitted with, an original pollution control device;
“replacement catalytic converter” has the meaning given —
in the case of a catalytic converter that has been approved pursuant to the requirements set out in the Vehicle Emissions Directive, by section 2.18 of Annex I to the Vehicle Emissions Directive; or
in the case of a catalytic converter that has been approved pursuant to the requirements set out in ECE Regulation 103, by paragraph 2.2 of ECE Regulation 103;
“replacement pollution control device” has the meaning given in paragraph 13 of article 3 of Regulation (EC) No 715/2007 of the European Parliament and of the Council;
“supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply;
“the UNECE Agreement” means the Agreement of the United Nations Economic Commission for Europe concluded at Geneva on 20th March 1958, as amended , concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or used on wheeled vehicles and the conditions for the reciprocal recognition of approvals granted on the basis of these prescriptions, to which the United Kingdom is a party by virtue of an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963;
“the Vehicle Emissions Directive” means Council Directive 70/220/EEC ; and
“the Vehicle Emissions Regulations” means Regulation (EC) No 715/2007 of the European Parliament and of the Council and Commission Regulation (EC) No 692/2008 .
3
Other words or terms used in —
a
the first or second Framework Directive,
b
the Vehicle Emissions Directive or Vehicle Emissions Regulations, or
c
ECE Regulation 83 or 103,
shall, for the purposes of these Regulations, have the same meaning as in, or be construed in accordance with, those Directives or Regulations.
4
For the purposes of the definitions of “a 220 relevant vehicle” and “a 715 relevant vehicle” in paragraph (2), a “national certificate of conformity” includes —
a
a Minister’s approval certificate issued in accordance with the 1982 Regulations or the 1984 Regulations;
b
a Department’s approval certificate issued in accordance with —
i
the 1985 Regulations (but not for the purposes of the definition of “a 715 relevant vehicle”); or
ii
the 2007 Regulations; and
c
a national small series certificate of conformity issued in accordance with the 2009 Regulations (but does not include an individual approval certificate issued in accordance with those Regulations).
5
For the purposes of these Regulations, the date on which a vehicle is first used is determined in accordance with —
a
regulation 3(3) of the Road Vehicles (Construction and Use) Regulations 1986 , where the vehicle was first used in Great Britain; or
b
regulation 2(4) of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 , where the vehicle was first used in Northern Ireland.
Application to second-hand catalytic converters and pollution control devices
3
The prohibitions imposed by regulations 4(3), 5(3), 6(2), 7(2) and 8(1) do not apply in respect of —
a
a catalytic converter,
b
an assembly of catalytic converters,
c
a pollution control device, or
d
an assembly of pollution control devices,
which is second-hand.
Supply of catalytic converters for 220 relevant vehicles
4
1
This regulation applies in relation to a 220 relevant vehicle.
2
This regulation does not apply in relation to a replacement catalytic converter which is of a type that was approved before 31st October 2002.
3
No person shall supply for installation on a vehicle a catalytic converter or an assembly of catalytic converters unless it meets the requirements specified in paragraph (4), (5), (6) or (7).
4
The requirements of this paragraph are that the catalytic converter or assembly of catalytic converters is an original replacement catalytic converter which —
a
has been clearly and indelibly marked in accordance with section 5.3.8.2.1 of Annex I to the Vehicle Emissions Directive; and
b
is accompanied by the information which is specified in section 5.3.8.2.2 in the format specified in section 5.3.8.2.2.5 of that Annex.
5
The requirements of this paragraph are that the catalytic converter or assembly of catalytic converters is an original replacement catalytic converter which —
a
has been clearly and indelibly marked in accordance with paragraph 4.2.1 of ECE Regulation 103; and
b
is accompanied by the information which is specified in paragraph 4.2.2 in the format specified in paragraph 4.2.2.5 of that Regulation.
6
The requirements of this paragraph are that the catalytic converter or assembly of catalytic converters is a replacement catalytic converter which —
a
has been clearly and indelibly marked in accordance with sections 5.1 to 5.3 of Annex XIII to the Vehicle Emissions Directive; and
b
is accompanied by the information which is specified in section 7.1 in the format specified in section 7.2 of that Annex.
7
The requirements of this paragraph are that the catalytic converter or assembly of catalytic converters is a replacement catalytic converter which —
a
has been clearly and indelibly marked in accordance with paragraphs 4.6 to 4.8 of ECE Regulation 103; and
b
is accompanied by the information referred to in paragraph 11.1 in the format specified in paragraph 11.2 of that Regulation.
Installation of catalytic converters on 220 relevant vehicles
5
1
This regulation applies in relation to a 220 relevant vehicle.
2
This regulation does not apply in relation to a replacement catalytic converter which is of a type that was approved before 31st October 2002.
3
No person shall install on a vehicle a catalytic converter or an assembly of catalytic converters unless it meets the requirements specified in paragraph (4), (5), (6), or (7).
4
The requirements of this paragraph are that the catalytic converter or assembly of catalytic converters is an original replacement catalytic converter which —
a
has been clearly and indelibly marked in accordance with section 5.3.8.2.1 of Annex I to the Vehicle Emissions Directive; and
b
is being installed on a vehicle for which the original replacement catalytic converter is of a type covered by point 1.10 of the addendum to the EC type-approval certificate (referred to in Appendix 1 to Annex X to the Vehicle Emissions Directive) issued in respect of that type of vehicle.
5
The requirements of this paragraph are that the catalytic converter or assembly of catalytic converters is an original replacement catalytic converter which —
a
has been clearly and indelibly marked in accordance with paragraph 4.2.1 of ECE Regulation 103; and
b
is being installed on a vehicle for which the original replacement catalytic converter is of a type approved as a replacement part pursuant to ECE Regulations 83 and 103.
6
The requirements of this paragraph are that the catalytic converter or assembly of catalytic converters is a replacement catalytic converter which —
a
has been clearly and indelibly marked in accordance with sections 5.1 to 5.3 of Annex XIII to the Vehicle Emissions Directive; and
b
is being installed on a vehicle of a type covered by point 1.2 of the addendum to the EC type-approval certificate (referred to in Appendix 2 to Annex XIII to the Vehicle Emissions Directive) issued in respect of that type of replacement catalytic converter.
7
The requirements of this paragraph are that the catalytic converter or assembly of catalytic converters is a replacement catalytic converter which —
a
has been clearly and indelibly marked in accordance with paragraphs 4.6 to 4.8 of ECE Regulation 103; and
b
is being installed on a vehicle of a type covered by point 6 of the communication document (referred to in Annex I to ECE Regulation 103) issued in respect of that type of replacement catalytic converter.
Supply of pollution control devices for 715 relevant vehicles
6
1
This regulation applies in relation to a 715 relevant vehicle.
2
No person shall supply for installation on a vehicle a pollution control device or an assembly of pollution control devices unless it meets the requirements specified in paragraph (3) or (4).
3
The requirements of this paragraph are that the pollution control device or assembly of pollution control devices is an original replacement pollution control device which —
a
has been clearly and indelibly marked in accordance with point 2.1 of Annex XIII to Commission Regulation (EC) No 692/2008 ; and
b
is accompanied by the information which is specified in point 2.2 of that Annex in the format specified in that point.
4
The requirements of this paragraph are that the pollution control device or assembly of pollution control devices is a replacement pollution control device which —
a
has been clearly and indelibly marked in accordance with point 3 of Annex XIII to Commission Regulation (EC) No 692/2008 ; and
b
is accompanied by the information which is specified in point 5.1 of that Annex in the format specified in that point.
Installation of pollution control devices on 715 relevant vehicles
7
1
This regulation applies in relation to a 715 relevant vehicle.
2
No person shall install on a vehicle a pollution control device or an assembly of pollution control devices unless it meets the requirements specified in paragraph (3) or (4).
3
The requirements of this paragraph are that the pollution control device or assembly of pollution control devices is an original replacement pollution control device which —
a
has been clearly and indelibly marked in accordance with point 2.1 of Annex XIII to Commission Regulation (EC) No 692/2008 ; and
b
is being installed on a vehicle for which the original replacement pollution control device is of a type covered by point 2.3 of the Addendum to the EC type-approval certificate (referred to in Appendix 4 to Annex I to Commission Regulation (EC) No 692/2008 ) issued in respect of that type of vehicle.
4
The requirements of this paragraph are that the pollution control device or assembly of pollution control devices is a replacement pollution control device which —
a
has been clearly and indelibly marked in accordance with point 3 of Annex XIII to Commission Regulation (EC) No 692/2008 ; and
b
is being installed on a vehicle of a type covered by point 1.2 of Section II of the EC type-approval certificate (referred to in Appendix 2 to Annex XIII to Commission Regulation (EC) No 692/2008 ) issued in respect of that type of replacement pollution control device.
Non-type approved converters and devices
8
1
No person shall supply a non-type approved converter or device unless —
a
it is clearly marked or labelled —
i
in the case of a device which is a particulate filter, “ILLEGAL TO SUPPLY FOR VEHICLES APPROVED TO EC REGULATION 715/2007”; and
ii
otherwise, “ILLEGAL TO SUPPLY FOR TYPE-APPROVED VEHICLES FIRST USED ON OR AFTER 1/3/01”; and
b
it is accompanied by the information which is specified —
i
in section 7.1 in the format specified in section 7.2 of Annex XIII to the Vehicle Emissions Directive;
ii
in paragraph 11.1 in the format specified in paragraph 11.2 of ECE Regulation 103; or
iii
point 5.1 of Annex XIII to Commission Regulation (EC) No 692/2008 in the format specified in that point.
2
The requirements of sub-paragraph (1)(a) or (b) shall be treated as satisfied to the extent that marking, labelling or information requirements of a member State (other than the United Kingdom) or any other EEA state, which have equivalent effect to those referred to in those sub-paragraphs, have been complied with.
3
In this regulation “non-type approved converter or device” means —
a
a catalytic converter,
b
an assembly of catalytic converters,
c
a pollution control device, or
d
an assembly of pollution control devices,
which is a replacement part capable of being fitted to a 220 relevant vehicle or a 715 relevant vehicle and which is not an original replacement catalytic converter, a replacement catalytic converter, an original replacement pollution control device or a replacement pollution control device.
Offences and enforcement
9
1
It shall be the duty of the enforcement authority to enforce these Regulations.
2
The Schedule shall have effect with regard to offences, enforcement and other matters.
3
Except in paragraph 3(2), a reference in the Schedule to an officer is a reference to any person authorised by the enforcement authority to assist the authority in enforcing these Regulations.
4
Proceedings for an offence under these Regulations shall not be brought except by the enforcement authority.
5
But nothing in these Regulations shall authorise the enforcement authority to bring proceedings in Scotland for an offence.
Signed by authority of the Secretary of State
Sadiq Khan
Minister of State
Department for Transport
14th July 2009