text:
Citation and commencement
1
These Regulations may be cited as the Regulated Covered Bond (Amendment) Regulations 2011, and come into force on 1st January 2013.
Amendment of the Regulated Covered Bond Regulations 2008
2
1
The Regulated Covered Bonds Regulations 2008 are amended as follows.
2
In regulation 1 —
a
in paragraph (2), insert in the relevant places —
“deposit” has the meaning given in article 5(2) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
;
“government stock” means stock or bonds of any of the descriptions included in Part 1 of Schedule 11 to the Finance Act 1942 ;
;
“liquid assets” means —
government stock or treasury bills issued by Her Majesty’s Government in the United Kingdom and other specified government securities which comply with paragraph 68(a) or (b) of Annex VI to the banking consolidation directive;
deposits in sterling or another specified currency in an account held in the name of the owner with the issuer or with a specified credit institution which comply with the requirements set out in paragraph 68(c) of Annex VI to the banking consolidation directive,
and “specified” for the purposes of this definition means specified by the Authority in guidance issued under regulation 42;;
;
“mixed asset class bond” means a mixed asset class regulated covered bond included in Part one of the register of regulated covered bonds;
;
“reference rate” means a rate used to set the interest rates charged to borrowers in relation to a loan included in the asset pool;
;
“the relevant date” is the date on which the Regulated Covered Bonds (Amendment) Regulations 2011 come into force;
;
“single asset class bond” means a single asset class regulated covered bond included in Part 2 of the register of regulated covered bonds;
; and
“total principal amounts outstanding” means —
in relation to loans, the sum of the original amounts advanced on the loan and any further advances, less any repayments of principal made on the loan;
in relation to other assets, the total amount of principal which remains due to be repaid in relation to the asset.
.
3
In regulation 2 —
a
in paragraph (1) —
i
for the opening words, substitute “In these Regulations, “eligible property” in relation to a mixed asset class bond or programme means any interest in — ”;
ii
for sub-paragraph (a), substitute —
a
subject to paragraph (1B), eligible assets specified in and compliant with the requirements contained in paragraph 68 of Annex VI of the banking consolidation directive;
;
iii
after sub-paragraph (e), insert —
f
other liquid assets.
.
b
after paragraph (1), insert —
1A
In these Regulations, “eligible property” in relation to a single asset class bond or programme means, subject to paragraph (1B), any interest in eligible assets specified in and compliant with the requirements of one (and only one) of the following classes —
a
class 1 (public sector assets): eligible assets referred to in subparagraph (a) and (b) of paragraph 68 of Annex VI of the banking consolidation directive, assets referred to in sub-paragraph (b), (c), (d) and (e) of paragraph (1) above and other liquid assets;
b
class 2 (residential mortgage assets): eligible assets referred to in sub-paragraph (d) of paragraph 68 of Annex VI of the banking consolidation directive, and liquid assets;
c
class 3 (commercial mortgage assets): eligible assets referred to in sub-paragraph (e) of paragraph 68 of Annex VI of the banking consolidation directive and liquid assets.
1B
Assets in the following categories —
a
exposures to a body which does not qualify for credit quality step 1 on the credit quality assessment scale set out in Annex VI of the banking consolidation directive; and
b
senior units, issued by French Fonds Communs de Creances or equivalent securitisation entities governed by the laws of the United Kingdom or an EEA State, securitising residential real estate or commercial real estate exposures;
shall not be eligible property for the purposes of paragraph (1)(a) or (1A).
.
4
In regulation 7, after paragraph (1), insert —
1A
The register of regulated covered bonds shall be divided into two parts.
1B
Part one shall be a register of mixed asset class regulated covered bonds.
1C
Part two shall be a register of single asset class regulated covered bonds.
1D
Any covered bonds or programme of covered bonds included on the register of regulated covered bonds immediately before the relevant date —
a
shall be included in part two of the register of regulated covered bonds if the issuer certifies to the Authority at least one month before the relevant date —
i
that the eligible property (other than liquid assets) in the asset pool for the covered bond or programme of covered bonds in question all falls within one and only one of the classes specified in regulation 2(1A); and
ii
that the issuer wishes the regulated covered bond or bonds in question to be single-asset class regulated covered bonds;
b
shall otherwise be included in part one of the register of regulated covered bonds.
1E
Where a regulated covered bond is included in part two of the register of regulated covered bonds, the Authority shall record on the register which class of eligible property is contained in the asset pool for that covered bond or programme of covered bonds.
.
5
In regulation 8, for paragraph (b) substitute —
b
for the covered bond or the programme of covered bonds to be admitted to —
i
part one of the register of regulated covered bonds, or
ii
part two of the register of regulated covered bonds.
.
6
In regulation 10 —
a
in paragraph (1), for “regulation 8(b)” substitute “regulation 8(b)(i) or (ii)”; and
b
after paragraph (2), insert —
3
The Authority may only grant an application under regulation 8(b)(ii) if it is satisfied that the eligible property (other than liquid assets) in the asset pool all falls within one and only one of the classes specified in regulation 2(1A).
.
7
In regulation 14, for paragraph (1)(b), substitute —
b
the covered bond or the programme of covered bonds to —
i
part one of the register of regulated covered bonds, in the case of an application under regulation 8(b)(i); or
ii
part two of the register of regulated covered bonds in the case of an application under regulation 8(b)(ii).
.
8
In regulation 15, for paragraph (1)(b), substitute —
b
the bond is admitted to part one or part two of the register of regulated covered bonds.
.
9
In regulation 17(2) —
a
at the end of sub-paragraph (c), omit “and”;
b
insert after sub-paragraph (d) —
e
the eligible property in the asset pool of a single asset class bond consists only of eligible property of the same class as the eligible property included in the asset pool of the regulated covered bond when it was registered;
f
the total principal amounts outstanding in respect of eligible property in the asset pool is more than 108% of the total principal amounts outstanding in relation to the bonds to which the asset pool relates; and
g
the total amount of interest payable in the period of twelve months following any given date in respect of eligible property in the asset pool is not less than the interest which would be payable in relation to the regulated covered bonds issued under the programme in that period, assuming that the reference rates applicable on the given date do not change in that period.
; and
c
insert after paragraph (2) —
2A
In determining whether the requirements in subparagraphs (e) and (f) of paragraph (2) are satisfied, no account shall be taken of eligible property which is liquid assets.
2B
In ensuring that the arrangements satisfy the requirements in subparagraphs (f) and (g) of paragraph (2), the issuer may take account of any hedging agreements which it has entered into in relation to the assets in the asset pool and the regulated covered bonds.
2C
Nothing in this regulation shall prevent the Authority directing an issuer to observe additional requirements in relation to its asset pool.
.
10
After regulation 17, insert —
Asset pool monitor
17A
1
An issuer of a regulated covered bond must appoint an asset pool monitor for each asset pool maintained for the regulated covered bonds it has issued.
2
The person appointed as asset pool monitor must —
a
be eligible for appointment as a statutory auditor of the issuer under Part 42 of the Companies Act 2006; and
b
not be disqualified from acting as a statutory auditor of the issuer by section 1214 of that Act (independence requirement).
3
The asset pool monitor shall —
a
inspect the compliance of the issuer with the requirements in regulations 16 and 17, and in particular —
i
the extent to which the asset pool satisfies the conditions set out in regulation 17(2); and
ii
the accuracy of the records kept in relation to each asset in the asset pool,
once every twelve months; and
b
prepare an annual report in accordance with guidance issued by the Authority on the steps the issuer has taken to comply with regulations 16 and 17, and on the quality of the assets in the asset pool.
4
Guidance issued to the asset pool monitor of an individual issuer under paragraph (3)(b) may identify particular issues to be addressed in the report for that issuer.
5
A copy of the report prepared by the asset pool monitor shall be delivered to the Authority at such time as the Authority may direct.
6
If it appears to the asset pool monitor that the issuer has failed to comply with the requirements set out in regulation 17, or that the issuer has not provided the monitor with all the information and explanations to which the monitor is entitled under this regulation, the asset pool monitor shall report in writing on that fact to the Authority as soon as possible.
7
The asset pool monitor —
a
has a right of access at all times to all books, accounts and vouchers of the issuer and of the owner of the relevant asset pool which are related to that asset pool, in whatever form they are held, and
b
may require any of the persons referred to in paragraph (8) to provide such information and explanations as the asset pool monitor thinks necessary for the performance of the monitor’s duties under this regulation.
8
The persons referred to in paragraph (7)(b) are —
a
any officer or employee of the issuer or the owner;
b
any person holding or accountable for any of the books, accounts or vouchers of the issuer or the owner;
c
any person who fell within either sub-paragraph (a) or (b) at a time to which the information or explanations required by the asset pool monitor relates or relate.
9
A statement made by a person in response to a requirement under this regulation may not be used in evidence against him in criminal proceedings, except proceedings for an offence under section 398 of the Act in connection with the giving of information pursuant to requirements imposed by or under these Regulations.
10
On the insolvency of the issuer of a regulated covered bond —
a
the asset pool monitor appointed by the issuer shall continue to act as asset pool monitor for the owner of the relevant asset pool;
b
any subsequent appointment of an asset pool monitor required under paragraph (1) of this regulation shall be made by the owner of the relevant asset pool;
c
references in paragraphs (2), (3), (4) and (6) to the issuer shall be understood as references to the owner of the relevant asset pool; and
d
references in paragraph (3) to regulations 16 and 17 shall be understood as references to regulation 24.
.
11
In regulation 18, insert after paragraph (3) —
4
Any information required under paragraphs (1) and (2), or any part of that information, must, if the Authority so directs, be published as directed by the Authority.
5
Nothing in paragraph (4) entitles the Authority to direct publication of information which the issuer would be entitled to refuse to disclose in court proceedings on grounds of legal professional privilege.
.
12
In regulation 22 —
a
renumber the existing provision as paragraph (1) of that regulation; and
b
insert after paragraph (1) —
2
Any eligible property acquired for the asset pool of a single asset class bond under paragraph (1) must be eligible property of the same class as the eligible property included in the asset pool of the regulated covered bond when it was registered.
.
13
In regulation 24 —
a
after paragraph (1)(a)(iii), insert —
iv
the asset pool of a single asset class bond consists only of eligible property of the same class as the assets included in the asset pool of the regulated covered bond when it was registered.
; and
b
after paragraph (2), insert —
2A
In determining whether the requirement in paragraph (1)(a)(iv) is satisfied, no account shall be taken of eligible property which is liquid assets.
2B
Nothing in this regulation shall prevent the Authority directing the owner to observe additional requirements in relation to its asset pool.
.
14
In regulation 38, insert after paragraph (1) —
1A
For the purposes of section 398 of the Act, as applied to requirements imposed by or under these Regulations, information provided to the asset pool monitor in response to a requirement under regulation 17A(7) shall be treated as being given to the Authority.
.
15
For regulation 42(2), substitute —
2
The Authority must give guidance consisting of —
a
information as to which government securities, credit institutions and currencies are specified for the purposes of the definition of “liquid assets” in regulation 1(2);
b
information and advice about the quality of an asset pool for the purposes of the requirement specified in regulation 17(2)(d) and the manner in which it will assess the issuer’s and owner’s compliance with that requirement;
c
information and advice about the contents of the annual report required for the purposes of regulation 17A(3)(b).
.
Review
3
1
Before the end of each review period, the Treasury must —
a
carry out a review of regulation 2,
b
set out the conclusions of the review in a report, and
c
lay the report before Parliament.
2
In carrying out the review the Treasury must, so far as is reasonable, have regard to how Article 52(4) of Council Directive 2009/65/ EC (which is implemented by means of the Regulated Covered Bond Regulations 2008 as amended by these Regulations) is implemented in other Member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established by that regulation,
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
“Review period” means —
a
the period of five years beginning with the day on which regulation 2 comes into force, and
b
subject to paragraph (5), each successive period of five years.
5
If a report under this regulation is laid before Parliament before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is laid.
Angela Watkinson
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
28th November 2011


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Stoke-on-Trent (Electoral Changes) Order 2011.
2
This Order comes into force —
a
for the purpose of proceedings preliminary or relating to the elections of councillors, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2011.
Interpretation
2
In this Order —
“map” means the map marked “Map referred to in the Stoke-on-Trent (Electoral Changes) Order 2011”, of which prints are available for inspection at the principal office of the Local Government Boundary Commission for England;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 .
Wards of the district of Stoke-on-Trent and number of councillors
3
1
The existing wards of the district of Stoke-on-Trent are abolished.
2
The district is divided into thirty-seven wards each bearing a name listed in column 1 of the Schedule.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
The number of councillors to be elected for each ward is the number specified in relation to that ward in column 2 of the Schedule.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.
Sealed with the seal of the Local Government Boundary Commission for England on the 28th day of January 2011
Max Caller
Chairman
Local Government Boundary Commission for England
28th January 2011


text:
PART 1 PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Portsmouth (Continental Ferry Port Berth 2 Extension) Harbour Revision Order 2011 and shall come into force on 16th January 2012.
2
The Portsmouth Mile End Quay Harbour Revision Orders 1966 to 1999 and this Order may be cited together as the Portsmouth Harbour Revision Orders 1966 to 2011.
Interpretation
2
1
In this Order –
“the Act of 1847 ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“the authorised works” means all or any of the works authorised by article 4(1) of this Order or any part of those works, and where any part of those works remain uncompleted, includes the site thereof;
“the City Council ” means the Portsmouth City Council;
“deposited plan” and “deposited sections” means the plan and sections drawn on one sheet of paper prepared in triplicate, signed by the Chief Executive Officer of the Marine Management Organisation and marked “Plan and Sections referred to in the Portsmouth (Continental Ferry Port Berth 2 Extension) Harbour Revision Order 2011”, of which one copy was deposited at the office of the City Solicitor of the City Council and two copies at the office of the Marine Management Organisation;
“Harbour Master” means the person appointed as such by the City Council and includes his deputies and assistants appointed by the City Council;
“the level of high water” means the level of mean high-water springs;
“the limits of deviation” means the limits of deviation shown on the deposited plan;
“the Mile End Quay undertaking” means the undertaking of the City Council authorised by the Portsmouth Mile End Quay Harbour Revision Orders 1966 to 1999 and the Mile End Gardens (Portsmouth) Act 1978 and (save in articles 4 and 6) this Order;
“Queen’s Harbour Master” means the person for the time being appointed to be Queen’s Harbour Master of the Dockyard Port of Portsmouth under the Dockyard Ports Regulation Act 1865 ;
“tidal work” means so much of the authorised works as is on, under or over tidal waters or tidal lands below the level of high water;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond; and
“vessel” includes every description of water craft, including non-displacement craft and seaplanes, used or capable of being used as a means of transportation on water.
2
All distances stated in any description of works or powers shall be construed as if the words “or thereabouts” were inserted after each distance.
Incorporation of Act of 1847
3
1
Subject to the following provisions of this article, the Act of 1847 (except sections 6 to 13, 16 to 20, 23, 25 to 27, 31, 48 to 50, 67, 79 to 82, 84 to 90, 97 and 98 and so much of the proviso to section 83 as follows the words “the special Act ”), so far as the same is applicable for the purposes of, and is not inconsistent with, the provisions of this Order, is hereby incorporated with this Order.
2
In the Act of 1847 so incorporated –
a
section 15 of the Act of 1847 shall have effect as if, for the words after “in default thereof” to the end of the section, there were substituted the words “shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale”;
b
section 34 of the Act of 1847 shall have effect as if, after the word “may”, there were inserted the words “(on producing, if so required, a duly authenticated document showing his authority)”;
c
section 63 of the Act of 1847 shall have effect as if the words “and a further sum of £1 for every hour that such vessel shall remain within the limits aforesaid, after a reasonable time for removing the same has expired after such requisition” were omitted; and
d
section 69 of the Act of 1847 shall have effect as if for the words after “if he fails so to do” to the end of the section there were substituted the words “shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale”.
3
In the construction of the Act of 1847 so incorporated the expression “the harbour master” means the person appointed as such by the City Council and includes his deputies and assistants appointed by the City Council, the expression “the special Act” means this Order and the expression “vessel” has the meaning assigned to it by article 2(1).
4
For the purposes of section 83 of the Act of 1847 so incorporated, section 236 to 238 of the Local Government Act 1972 shall apply to this Order as if it were such an enactment as is referred to in the said section 236, and:
a
for the purposes of the said section 236 the confirming authority for bye-laws made under the said section 83 shall be the Secretary of State for Transport; and
b
the said section 236 shall have effect as if in its subsection (7) after the word “confirm” where it first occurs the words “with or without modification” were inserted.
5
If the Secretary of State, on considering bye-laws relating to the Mile End Quay undertaking made by the City Council and submitted under the said section 236 as having effect in accordance with paragraph (4), proposes to make a modification which appears to him to be substantial, then –
a
he shall inform the City Council as appropriate and require it to take any steps he considers necessary for informing persons likely to be concerned with the modification; and
b
he shall not confirm the bye-laws until such period has elapsed as he thinks reasonable for the City Council and other persons who have been informed of the proposed modification to consider and comment on it.
PART 2 HARBOUR REGULATIONS
Power to construct works
4
1
Subject to the provisions of this Order, the City Council may, when it has acquired the necessary lands or obtained sufficient interests therein, make and maintain within the limits of deviation the following works: two mooring dolphins extending the line of Berth 2 of the Mile End Quay undertaking in a westerly direction for a distance of 49.4 metres.
2
The City Council may within the limits of deviation extend, enlarge, alter, replace or re-lay the authorised works.
3
The City Council may authorise a person to carry out the authorised works, as agent of the City Council.
Power to Deviate
5
In constructing the authorised works the City Council or a person authorised by the City Council to carry out the authorised works may deviate laterally from the lines or situations shown on the deposited plan to the extent of the limits of deviation and may divert vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards and to such extent downwards as may be found necessary or convenient.
Further powers as to works
6
Subject to the provisions of this Order, the City Council or a person authorised by the City Council to carry out the authorised works may, in connection with the construction of those works, enclose and reclaim from the foreshore and bed of the sea, and may hold and use as part of the Mile End Quay undertaking, so much of the foreshore and bed of the sea as is situated within the limits of deviation and is required for, or in connection with, the construction of those works.
Subsidiary works
7
1
Subject to paragraph (2) and to the other provisions of this Order, the City Council or a person authorised by the City Council to carry out the authorised works may, in connection with those works and within the limits of deviation, construct, erect, lay down, place, maintain, remove, replace, work or use all necessary or convenient bridges, abutments, booms, pontoons, fenders, bollards, ladders, tanks, pumps, conduits, pipes, wires, mains, cables, rails, signals, conveyors, cranes, lifts, hoists, passenger side loaders, drops, weighbridges, stairs, stages, platforms, catwalks, landing places, dolphins, piles, buoys, moorings, beacons, approaches, buildings, sheds, offices, depots, roads, walls, fences, gates, equipment, machinery and appliances and such other works and apparatus as they think fit.
2
Electrical works, mechanical works or equipment constructed, erected, laid down, placed, maintained, worked or used, pursuant to the powers conferred by this article, shall be so constructed, erected, laid down, placed, maintained, worked or used, that any electricity generated or conveyed by any such works or equipment used therein or in connection therewith does not cause interference (whether by induction or otherwise) with any telecommunications apparatus or with telecommunication by means of any such apparatus.
Power to appropriate all or part of the Mile End Quay undertaking for particular trades etc
8
1
Notwithstanding anything in any statutory provision of local application the City Council or a person authorised by the City Council to manage the Mile End Quay undertaking may from time to time for the purpose of or in connection with the management of the Mile End Quay undertaking set apart and appropriate all or any part of it for the exclusive, partial or preferential use and accommodation of any particular trade, person, vessel or class of vessel, or goods, subject to the payment of such charges and subject to such terms, conditions and regulations as the City Council may think fit.
2
No person or vessel shall make use of any part of the Mile End Quay undertaking so set apart and appropriated without the consent of the Harbour Master and the Harbour Master may order any person or vessel making use thereof without such consent to leave or be removed and the provisions of section 58 (harbour master may remove vessels within docks &c) of the Act of 1847 shall extend and apply to and in relation to any such vessel.
Jurisdiction and directions of Harbour Master
9
1
Subject to paragraph (2), the limits within which the powers of the Harbour Master may be exercised under and subject to the provisions of the Act of 1847 shall extend to a distance of 100 metres in every direction from the authorised works.
2
The powers exercisable by virtue of this article shall be limited to vessels going to, moored at, or departing from, the Mile End Quay undertaking.
3
Section 52 (powers of harbour master) of the Act of 1847 shall extend to empower the Harbour Master to give directions prohibiting the mooring of vessels in or near any approach to the authorised works.
4
In the case of conflict between any direction given by the Harbour Master and any direction given by the Queen’s Harbour Master, the direction given by the Queen’s Harbour Master shall prevail.
Recovery of rates in respect of vessels
10
In addition to the remedy for the recovery of rates given by section 44 (recovery of tonnage rates by distraint and sale of ship and tackle) of the Act of 1847, and whether or not the collector of rates has gone on board the vessel and demanded any rates which the master of the vessel has neglected or refused to pay, the City Council or an officer or manager authorised by the City Council may recover the rates as a debt in any court of competent jurisdiction.
Harbour Master may prevent sailing of vessels
11
The Harbour Master may prevent the removal or sailing from the authorised works of any vessel until evidence has been produced to him of the payment of any ship, passenger and goods dues and other charges payable in respect of the vessel or passengers thereon or the goods imported or exported therein.
Fine for obstructing works
12
Any person who, without lawful authority, intentionally or recklessly obstructs any person acting under the authority of the City Council, or a person authorised by the City Council to carry out the authorised works, in setting out the lines of those works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Provision against danger to navigation
13
1
In case of injury to, or destruction or decay of, a tidal work or any part of it forming part of the Mile End Quay undertaking the City Council shall as soon as reasonably practicable notify Trinity House and the Queen’s Harbour Master and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If the City Council fails to notify Trinity House or the Queen’s Harbour Master as required by paragraph (1) or, subject to paragraph (3), to comply in any respect with a direction given under that paragraph, it shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
3
It shall be a defence for the City Council to prove that all due diligence was used to secure compliance with a direction under paragraph (1).
Abatement of works abandoned or decayed
14
1
Where a tidal work forming part of the Mile End Quay undertaking is abandoned or suffered to fall into decay, the Secretary of State may by notice in writing require the City Council at its own expense either to repair and restore the work or any part of it, or to remove the work and restore its site to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere, or to cause reasonable apprehension that it may interfere, with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work or any portion of it in any notice under this article.
3
If on the expiration of thirty days from the date when a notice under this article is served upon the City Council it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and any expenditure incurred by him in so doing shall be recoverable from the City Council as a debt in any court of competent jurisdiction.
Survey of tidal works
15
If the Secretary of State at any time deems it expedient to do so, he may order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the City Council as a debt in any court of competent jurisdiction.
Lights on tidal works during construction
16
1
The City Council shall at or near a tidal work during the whole time of its construction, alteration, enlargement, replacement, re-laying or extension exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
Subject to paragraph (3), if the City Council fails to comply in any respect with a direction given under paragraph (1), it shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
3
It shall be a defence for the City Council to prove that all due diligence was used to secure compliance with a direction under paragraph (1).
Permanent lights on tidal works
17
1
After the completion of a tidal work the City Council shall at its outer extremity exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
Subject to paragraph (3), if the City Council fails to comply in any respect with a direction given under paragraph (1), it shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
3
It shall be a defence for the City Council to prove that all due diligence was used to secure compliance with a direction under paragraph (1).
Recovery of fines
18
All fines and forfeitures recoverable under the provisions of the Act of 1847 as incorporated with this Order or under any bye-law made in pursuance of section 83 of the Act of 1847 as so incorporated may be recovered summarily.
Power to lease
19
Once the construction of the authorised works is complete, the City Council or an officer or manager authorised by the City Council may, for harbour purposes, lease or grant the use or occupation of, or any right or interest in or over, any lands, works, buildings, equipment or other property forming part of the Mile End Quay undertaking for such period or periods and on such terms and conditions as shall be agreed between the City Council or the officer or manager and the person taking the same.
Extension of Section 86 of Portsmouth Corporation Act 1959
20
Section 86 (powers with respect to disposal of wrecks) of the Portsmouth Corporation Act 1959 as having effect in accordance with the Portsmouth Mile End Quay Harbour Revision Orders 1966 to 1994 shall have effect as if the references to any approach to the Flathouse Wharf and Quay in subsections (1) and (7) of that section included a reference to any approach to the authorised works.
PART 3 MISCELLANEOUS AND GENERAL
Crown rights
21
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular, nothing in this Order authorises the City Council (or other person acting on their behalf) to take, use, enter upon or in any manner interfere with, any land, hereditaments, or rights of whatsoever description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary) –
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners, or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) may be given unconditionally or subject to the conditions and terms considered necessary.
Saving rights of Queen’s Harbour Master
22
Nothing in this Order shall take away, alter, prejudice or affect the jurisdiction or any rights, powers, authorities or privileges of the Queen’s Harbour Master.
Saving rights of Trinity House
23
Nothing in this order shall prejudice or derogate from any of the rights or privileges of Trinity House.
Inquiries by Secretary of State
24
The Secretary of State may cause such inquiries to be held as he may consider necessary for the purposes of the exercise of any of his powers or duties under this Order, and subsections (2) to (5) inclusive of section 250 of the Local Government Act 1972 shall apply to any such inquiry as if it were a local inquiry held in pursuance of subsection (1) of that section.
Signed by authority of the Marine Management Organisation
J. Cross
Chief Executive Officer
An authorised employee of the Marine Management Organisation
16th December 2011


text:
Citation and commencement
1
These Regulations may be cited as the Education (School Performance Targets) (England) (Revocation) Regulations 2011 and come into force on 1st September 2011.
Revocation
2
The Regulations listed in the first column of the Schedule are revoked to the extent set out in the third column.
Nick Gibb
Minister of State
Department for Education
24th March 2011


text:
Citation and commencement
1
These Regulations may be cited as the Education (Pupil Registration) (England) (Amendment) Regulations 2011 and come into force on 1st September 2011.
Amendment of the Education (Pupil Registration) (England) Regulations 2006
2
1
The Education (Pupil Registration) (England) Regulations 2006 are amended as follows.
2
In regulation 8(1) (deletions from admission register), omit “or” at the end of sub-paragraph (m) and, after sub-paragraph (n), insert —
or
o
where —
i
the pupil is a boarder at a maintained school or an Academy;
ii
charges for board and lodging are payable by the parent of the pupil ; and
iii
those charges remain unpaid by the pupil’s parent at the end of the school term to which they relate.
.
Nick Gibb
Minister of State
Department for Education
2nd July 2011


text:
1
These Regulations may be cited as the Financial Transparency (EC Directive) (Amendment) Regulations 2011 and shall come into force on 9th June 2011.
2
1
The Financial Transparency (EC Directive) Regulations 2009 are amended as follows.
2
In regulation 1, delete the definition of “contract” and insert —
“contract” shall be construed as any agreement linking a public authority —
to a public undertaking in respect of compensation; or
to an undertaking which is either —
granted a special or an exclusive right, or
entrusted with any service of general economic interest and receives public service compensation, in any form whatsoever, in relation to that service.
3
Delete regulation 12 and insert —
12
1
In the event that a contract does not expressly contain the elements required by Regulation 11, then it is an implied term of that contract that any undertaking that is a party to that contract shall comply with the provisions of —
a
Regulations 3, 4 and 5, in respect of public undertakings;
b
Regulations 6, 7 and 8, in respect of an undertaking required to maintain separate accounts; and
c
Regulation 9 in respect of public undertakings operating in the manufacturing sector.
2
Any term of a contract is void to the extent that it purports to exclude the application of paragraph (1).
Edward Davey
Minister for Employment Relations, Consumer and Postal Affairs
Department for Business, Innovation and Skills
16th May 2011


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Riot (Damages) (Amendment No. 2) Regulations 2011 and shall come into force on 12th August 2011.
2
In these Regulations “the principal Regulations ” means the Regulations dated 1st October 1921 made by the Secretary of State under section 3(2) of the Riot (Damages) Act 1886 as to claims for compensation .
Amendment of the principal Regulations
2
In the principal Regulations, the following are revoked —
a
regulations 3 to 8;
b
the form of claim appended to those Regulations;
c
Schedules A to D.
3
The amendment made by these Regulations has effect in relation to any claim which could be made at or after the time that these Regulations come into force.
Theresa May
Secretary of State
Home Office
11th August 2011


text:
Title and commencement
1
These Regulations may be cited as the Seeds (National Lists of Varieties) (Amendment) Regulations 2011 and come into force on 1st April 2011.
Amendment to the Seeds (National Lists of Varieties) Regulations 2001
2
1
The Seeds (National Lists of Varieties) Regulations 2001 are amended as follows.
2
In paragraph (1) of regulation 2 (interpretation) —
a
for the definition of “the Commission Regulation” substitute —
“the Commission Regulation” means Commission Regulation (EC) No 637/2009 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species, as amended from time to time;
;
b
for the definition of “conservation variety” substitute —
“conservation variety” means a landrace or plant variety of a species specified in Part I of Schedule 1 that is naturally adapted to the local and regional conditions (or, in the case of a vegetable variety, that has been traditionally grown in particular localities and regions) and is threatened by genetic erosion, and for these purposes —
“landrace” means a set of populations or clones of a plant species which are naturally adapted to the environmental conditions of their region; and
“genetic erosion” means loss of genetic diversity between and within populations or varieties of the same species over time, or reduction of the genetic basis of a species due to human intervention or environmental change;
;
c
for the definition of “the Seeds Marketing Regulations” substitute —
“the Seeds Marketing Regulations” means —
as respects England —
in relation to beet seed, cereal seed, fodder plant seed, oil and fibre plant seed and vegetable seed, the Seed Marketing Regulations 2011 , and
in relation to seed potatoes, the Seed Potatoes (England) Regulations 2006 ;
as respects Wales —
in relation to beet seed, the Beet Seed (Wales) Regulations 2005 ,
in relation to cereal seed, the Cereal Seed (Wales) Regulations 2005 ,
in relation to fodder plant seed, the Fodder Plant Seed (Wales) Regulations 2005 ,
in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Wales) Regulations 2004 ,
in relation to vegetable seed, the Vegetable Seed (Wales) Regulations 2005 , and
in relation to seed potatoes, the Seed Potatoes (Wales) Regulations 2006 ;
as respects Scotland —
in relation to beet seed, the Beet Seed (Scotland) (No. 2) Regulations 2010 ,
in relation to cereal seed, the Cereal Seed (Scotland) Regulations 2005 ,
in relation to fodder plant seed, the Fodder Plant Seed (Scotland) Regulations 2005 ,
in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Scotland) Regulations 2004 ,
in relation to vegetable seed, the Vegetable Seeds Regulations 1993 , and
in relation to seed potatoes, the Seed Potatoes (Scotland) Regulations 2000 ; and
as respects Northern Ireland —
in relation to beet seed, the Beet Seeds Regulations (Northern Ireland) 2009 ,
in relation to cereal seed, the Cereal Seeds Regulations (Northern Ireland) 2009 ,
in relation to fodder plant seed, the Fodder Plant Seeds Regulations (Northern Ireland) 2009 ,
in relation to oil and fibre plant seed, the Oil and Fibre Plant Seeds Regulations (Northern Ireland) 2009 ,
in relation to vegetable seed, the Vegetable Seeds Regulations (Northern Ireland) 2009 , and
in relation to seed potatoes, the Seed Potatoes Regulations (Northern Ireland) 2010 ;
; and
d
for the definition of “standard seed” substitute —
“standard seed”, in relation to seed of a vegetable variety, has the same meaning —
as respects England, as in Part 5 of Schedule 2 to the Seed Marketing Regulations 2011,
as respects Wales, as in the Vegetable Seed (Wales) Regulations 2005,
as respects Scotland, as in the Vegetable Seeds Regulations 1993, and
as respects Northern Ireland, as in the Vegetable Seeds Regulations (Northern Ireland) 2009;
.
3
In regulation 3 (National Lists of plant varieties and the Gazette), in paragraph (2) , for “in accordance with” (the second time it appears) to the end substitute —
in accordance with, as respects England, Part 5 of Schedule 2 to the Seed Marketing Regulations 2011, as respects Wales, the Vegetable Seed (Wales) Regulations 2005, as respects Scotland, the Vegetable Seeds Regulations 1993, and as respects Northern Ireland, the Vegetable Seeds Regulations (Northern Ireland) 2009
.
4
In regulation 5 (acceptance of plant varieties), in paragraph (3A) —
a
in sub-paragraph (a), delete “of varieties of agricultural plant species”; and
b
in sub-paragraph (b), after “Common Catalogue Directive” insert “or the Vegetable Seed Marketing Directive”.
5
After regulation 5 insert —
Amateur vegetable varieties
5A
1
The provisions of these Regulations relating to conservation varieties apply in relation to amateur vegetable varieties, with the exceptions and modifications listed in paragraphs (2), (3) and (4).
2
The following provisions do not apply to amateur vegetable varieties —
a
regulation 5(3)(ca) (requirement that the variety presents an interest for the conservation of plant genetic resources);
b
regulation 7 (maintainers of plant varieties); and
c
regulation 12 (maintenance of accepted plant varieties).
3
Paragraph (3A) of regulation 5 is modified by —
a
in sub-paragraph (a), the substitution of “an amateur vegetable variety” for “a conservation variety”; and
b
in sub-paragraph (b), the omission of “the Common Catalogue Directive or”.
4
Sub-paragraph (1) of paragraph 1A of Schedule 2 is modified by —
a
in paragraph (a), the omission of “Directive 2003/90 or”; and
b
in paragraph (b), the substitution of “that Directive” for “those Directives”.
5
In this regulation an amateur vegetable variety is a vegetable variety with no intrinsic value for commercial crop production but developed for growing under particular agro-technical, climatic or pedological conditions.
.
6
In regulation 25 (amendments of Seeds Marketing Regulations) —
a
in the title, for “Seeds Marketing Regulations” substitute “certain Regulations relating to seed marketing”;
b
in paragraph (1), for “The Seeds Marketing Regulations” substitute “The following Regulations”;
c
paragraphs (2), (3), (4) and (5) are revoked;
d
in paragraph (6), sub-paragraphs (a) and (c) are revoked; and
e
in paragraph (7) —
i
sub-paragraph (a) is revoked in relation to England and Wales, and
ii
sub-paragraph (b) is revoked.
7
In Schedule 2 (distinctness, stability, sufficient uniformity and satisfactory value for cultivation and use), in Part 1, for paragraph 1A substitute —
1A
1
A plant variety of a conservation variety is regarded as distinct if it satisfies the characteristics referred to in —
a
the technical questionnaires associated with the test protocols listed in Annex I to Directive 2003/90 or Directive 2003/91 applicable to the species in question, or
b
the technical questionnaires of the test guidelines listed in Annex II to those Directives, applicable to the species in question.
2
In this paragraph —
a
“Directive 2003/90” means Commission Directive 2003/90/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species, as amended from time to time, and
b
“Directive 2003/91” means Commission Directive 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species, as amended from time to time.
.
Henley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
25th February 2011
Elin Jones
Minister for Rural Affairs One of the Welsh Ministers
2nd March 2011


text:
Citation
1
This Order may be cited as the Finance Act 2011, Section 42 (Appointed Day) Order 2011.
Appointed Day
2
13th October 2011 is the day appointed for the coming into force of section 42 of the Finance Act 2011 (enterprise investment scheme: amount of relief).
Jeremy Wright
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
12th October 2011


text:
Citation and commencement
1
These Regulations may be cited as the Tax Avoidance Schemes (Information) (Amendment) Regulations 2011 and come into force on 6th April 2011.
Amendment of the Tax Avoidance Schemes (Information) Regulations 2004
2
The Tax Avoidance Schemes (Information) Regulations 2004 are amended as follows.
3
1
Amend regulation 2 (interpretation) as follows.
2
After the definition of “the Arrangements Regulations” insert —
“the IHT Arrangements Regulations ” means the Inheritance Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2011 ;
.
3
In the definition of “the prescribed taxes” after “income tax” insert “, inheritance tax”.
4
1
Amend regulation 3 (prescribed information in respect of notifiable proposals and arrangements) as follows.
2
In paragraphs (1)(b), (2)(b), (3)(c) and (4)(b), after “Arrangements Regulations” insert “, the IHT Arrangements Regulations”.
5
1
Amend regulation 8 (prescribed information under section 313: timing and manner of delivery) as follows.
2
In paragraphs (2), (4), (12)(in both places) and (13)(b) for “(8)” substitute “(8A)”.
3
After paragraph (8) insert —
8A
Subject to paragraphs (11A), (12) and (13) in the case of a person who —
a
is a party to notifiable arrangements which are prescribed by the Inheritance Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2011; and
b
is required to make a return to HMRC under section 216 of the Inheritance Tax Act 1984 in respect of a transaction forming part of the notifiable arrangements,
the prescribed information shall be notified to HMRC in the return under that section.
.
4
After paragraph (11) insert —
11A
In the case of a person who —
a
is a party to notifiable arrangements which are prescribed by the Inheritance Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2011; and
b
is not required to make a return to HMRC under section 216 of the Inheritance Tax Act 1984 in respect of a transaction forming part of the notifiable arrangements within a period of 12 months of the end of the month in which the first transaction forming part of the arrangements is entered into,
the prescribed information shall be provided separately to HMRC in such form and manner as they may specify.
.
5
After paragraph (15)(b) insert —
ba
in the case of paragraph (11A), any time during the period of 12 months of the end of the month in which the first transaction forming part of the arrangement is entered into.
.
Mike Eland
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
31st January 2011


text:
Citation and commencement
1
This Order may be cited as the Defence Science and Technology Laboratory Trading Fund Order 2011 and shall come into force on the day after the day on which it is made.
Continuation and extension of the fund
2
1
There shall continue to be a trading fund known as the Defence Science and Technology Laboratory Trading Fund (“the fund”).
2
As from the date this Order comes into force, the operations of the fund shall be extended.
3
The funded operations are set out in Schedule 1.
Authorised Lender
3
The Secretary of State for Defence continues to be designated as the source of issues to the fund by way of loan.
Assets and liabilities of the fund
4
The Crown assets and liabilities set out in Schedule 2 continue to be appropriated as assets and liabilities of the fund.
Public dividend capital
5
The public dividend capital of the fund continues to be £50,400,000.
Maximum borrowing
6
The maximum amount that may be issued to the fund under section 2C of the Government Trading Funds Act 1973 continues to be £100,000,000.
Revocation of Orders
7
The following orders are revoked —
a
the Defence Research Agency Trading Fund Order 1993;
b
the Defence Evaluation and Research Agency Trading Fund Order 1995;
c
the Defence Evaluation and Research Agency Trading Fund (Amendment) Order 1996;
d
the Defence Science and Technology Laboratory Trading Fund Order 2001.
Signed by authority of the Secretary of State for Defence
Peter Luff
Parliamentary Under Secretary of State
Ministry of Defence
16th May 2011
We concur
Angela Watkinson
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
19th May 2011


text:
Title and commencement
1
These Regulations may be cited as the Food Additives (England) (Amendment) Regulations 2011and come into force on 31st March 2011.
Amendment of the Food Additives (England) Regulations 2009
2
1
The Food Additives (England) Regulations 2009 are amended in accordance with paragraph (2).
2
In paragraph (1) of regulation 2 (interpretation) —
a
at the end of the definition of “Directive 08/60” add the expression “as amended by Commission Directive 2010/37/ EU amending Directive 2008/60 laying down specific purity criteria on sweeteners”; and
b
at the end of the definition of “Directive 08/84” add the expression “as amended by Commission Directive 2010/67/EU amending Directive 2008/84 laying down specific purity criteria on food additives other than colours or sweeteners”.
Signed by authority of the Secretary of State for Health.
Anne Milton
Parliamentary Under-Secretary of State,
Department of Health
7th February 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Conisborough College Order 2011 and comes into force on 6th July 2011.
2
In this Order —
“the Constitution Regulations ” means the School Governance (Constitution) (England) Regulations 2007 ;
“the governing body” means the governing body of Conisborough College;
“parent governor” has the meaning given by regulation 4(1) of the Constitution Regulations.
Exemption of requirement in relation to size of governing body
2
The governing body is exempt from the requirement in regulation 12(1) of the Constitution Regulations (general principles: size of governing body) that the size of the governing body specified in the instrument of government must be no fewer than 9 and no more than 20 governors.
Relaxation and modification of requirements in relation to appointment of parent governors
3
The requirement in paragraph 9 of Schedule 1 to the Constitution Regulations (election and appointment of parent governors) that the number of parent governors is to be made up of parent governors appointed by the governing body only in the circumstances specified in sub-paragraphs (a) to (c) is relaxed in relation to the appointment by the governing body of one parent governor.
4
In its application to the appointment by the governing body of a parent governor other than in the circumstances set out in sub-paragraphs (a) to (c) of paragraph 9, paragraph 10 of Schedule 1 to the Constitution Regulations has effect as if it were modified in accordance with article 5.
5
1
In sub-paragraph (1) —
a
omit “or” at the end of paragraph (b) and insert “; or” at the end of paragraph (c); and
b
after paragraph (c) insert —
d
such other person as the governing body considers appropriate.
.
2
Sub-paragraph (2) is omitted.
6
Paragraph 8 of Schedule 1 to the Constitution Regulations has effect in relation to parent governors as if it were modified in accordance with article 7.
7
1
Renumber paragraph 8 as sub-paragraph (1) and insert at the beginning the words “Subject to sub-paragraph (2),”.
2
After sub-paragraph (1) (as renumbered) insert —
2
Sub-paragraph (1) does not apply where the governing body decides to fill a vacancy for a parent governor by appointing a parent governor other than in a circumstance referred to in paragraph 9(a) to (c).
.
Relaxation and modification of requirement in relation to appointment of sponsor governors
8
In its application to the governing body, the requirement in regulation 13(2) of the Constitution Regulations (composition of governing bodies: community schools, maintained nursery schools and community special schools) that the governing body appoint no more than 4 sponsor governors is relaxed.
9
In its application to the governing body, paragraph 2 of Schedule 5 to the Constitution Regulations (appointment of sponsor governors) is modified so that it has effect as if the words “, not exceeding two or four, as the case may be” were substituted with the words “as they consider appropriate”.
Time period
10
This Order has effect until 5th July 2014.
Jonathan Hill
Parliamentary Under Secretary of State
Department for Education
8th June 2011


text:
Title and commencement
1
This Order is called the Civil Enforcement of Parking Contraventions (County of Powys) Designation Order 2011 and comes into force on 1 April 2011.
Designation of civil enforcement area and special enforcement area
2
The Welsh Ministers designate the area described in the Schedule as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
Ieuan Wyn Jones
Minister for the Economy and Transport, one of the Welsh Ministers
15 February 2011


text:
Citation and commencement
1
This Order may be cited as the General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules Order of Council 2011 and comes into force on 2nd July 2011.
Council approval
2
Their Lordships, having taken the Rules contained in the Schedule into consideration, are pleased to and do approve them.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export Control (Libya) Order 2011 and shall come into force on 18th March 2011.
2
In this Order —
“the 1979 Act ” means the Customs and Excise Management Act 1979 ;
“Annex I items” means equipment listed in Annex I to the Regulation ;
“CML items” means goods or technology listed in the Common Military List of the European Union ;
“the customs and excise Acts” and “assigned matter” have the same meanings as in section 1 of the 1979 Act;
“EU authorisation” means an authorisation granted under Article 2(4) or 3(3) of the Regulation;
“the 2008 Order ” means the Export Control Order 2008 ;
“the Regulation” means Council Regulation (EU) No 204/2011 of 2 March 2011 concerning restrictive measures in view of the situation of Libya, and any reference to Annex I to that Regulation is to be construed as a reference to that Annex as amended from time to time;
3
Any expression used both in this Order and in the Regulation has the meaning that it bears in the Regulation.
Offences supplementing the Regulation
2
A person who contravenes any of the following provisions of the Regulation, except by exporting goods, commits an offence —
a
Article 2(1)(a) (prohibition on sale etc. to any person, entity or body in Libya or for use in Libya of Annex I equipment),
b
Article 3(1)(a) (prohibition on provision to any person, entity or body in Libya or for use in Libya of technical assistance related to CML items),
c
Article 3(1)(b)(prohibition on provision to any person, entity or body in Libya or for use in Libya of technical assistance or brokering services related to Annex I equipment),
d
Article 3(1)(c)(prohibition on provision to any person, entity or body in Libya or for use in Libya of financing or financial assistance related to CML items or Annex I equipment).
Offences related to EU authorisations
3
1
If, for the purpose of obtaining an EU authorisation, a person —
a
makes any statement or furnishes any document or information which to that person’s knowledge is false in a material particular; or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
that person commits an offence; and any EU authorisation granted in connection with the application for which the false statement was made or the false document or information furnished shall be void from the time it was granted.
2
A person who, having acted under the authority of an EU authorisation, fails to comply with any of the requirements or conditions to which the EU authorisation is subject commits an offence, unless —
a
the EU authorisation was modified after the completion of the act authorised; and
b
the alleged failure to comply would not have been a failure had the EU authorisation not been so modified.
Overlap with the 2008 Order
4
In any case where a person would, apart from this paragraph, be guilty of —
a
an offence under this Order; and
b
a corresponding offence under the 2008 Order,
that person shall not be guilty of the offence under the 2008 Order.
Supplementary provisions as to Offences
5
1
A person who participates, knowingly and intentionally, in activities the object or effect of which is —
a
to circumvent the prohibitions specified in Article 2(1)(a) of the Regulation, or
b
to enable or facilitate the contravention of any such prohibition
commits an offence and may be arrested
2
A person who participates, knowingly and intentionally, in activities the object or effect of which is —
a
to circumvent the prohibitions specified in Article 3(1)(a) to (c) of the Regulation, or
b
to enable or facilitate the contravention of any such prohibition
commits an offence and may be arrested.
Penalties
6
1
Subject to paragraph (2), a person guilty of any offence under article 2(a) or 5(1) of this Order is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine, or to both.
b
on summary conviction —
i
in England and Wales, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum, or to both;
ii
in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.
2
In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 , for “twelve months” in paragraph (1)(b)(i) substitute “six months”.
3
A person guilty of an offence under article 2(b) to (d), 3 or 5(2) of this Order is liable —
a
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or to both;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
4
In the case of an offence committed in connection with a prohibition or restriction in Article 2(1)(a) of the Regulation, sections 68(3)(b) and 170(3)(b) of the 1979 Act shall have the effect as if for the words “7 years” there were substituted the words “10 years”.
Application of the 1979 Act
7
1
Where the Commissioners for Her Majesty’s Revenue and Customs investigate or propose to investigate any matter with a view to determining —
a
whether there are grounds for believing that an offence under this Order has been committed; or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter.
2
Section 77A of the 1979 Act (provision as to information powers) shall apply to a person concerned in an activity which, if not authorised by an EU authorisation, would contravene Article 2 or 3 of the Regulation and accordingly references in section 77A of the 1979 Act to exportation shall be read as including any such activity.
3
Section 138 of the 1979 Act (provision as to arrest of persons) shall apply to the arrest of a person for an offence under this Order as it applies to the arrest of a person for an offence under the customs and excise Acts.
4
Sections 145 , 146 , 146A , 147 , 148, 150 , 151 , 152 , 154 , and 155 of the 1979 Act (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under this Order as they apply in relation to offences and penalties under the customs and excise Acts.
Amendments to the 2008 Order related to Libya arms embargo
8
In Schedule 4 to the 2008 Order —
a
in Part 2, at the appropriate place insert “Libya”;
b
in Part 4, omit “Libya”.
Mark Prisk
Minister of State for Business and Enterprise
Department for Business, Innovation and Skills
16th March 2011


text:
Citation and commencement
1
This Order may be cited as the Supreme Court Fees (Amendment) Order 2011 and comes into force on 5th August 2011.
Amendment of the Supreme Court Fees Order 2009
2
Schedule 1 (Fees payable in the Supreme Court) of the Supreme Court Fees Order 2009 is amended as follows.
3
In column 2 of fee 1.1 (on filing an application for permission to appeal), for “£800” substitute “£1,000”.
Kenneth Clarke
Lord Chancellor
Ministry of Justice
13th July 2011
We agree,
Angela Watkinson
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
14th July 2011


text:
Citation and commencement
1
This Order may be cited as the Scottish Parliament (Regional Returning Officers) Order 2011 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order —
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ; and
“local government area” means the area of a local authority.
Regional returning officers
3
For the purposes of the Scotland Act 1998, the person designated as the regional returning officer for a region specified in the first column of the Schedule to this Order is the person who, under section 41 of the Representation of the People Act 1983 , is the returning officer for elections of councillors for the local authority for the local government area specified in the corresponding entry in the second column of that Schedule.
Revocation
4
The Scottish Parliament (Regional Returning Officers) (Scotland) (No.2) Order 1999 is revoked.
Signed by authority of the Secretary of State
DAVID MUNDELL
Parliamentary Under Secretary of State
Scotland Office
Dover House, London
1st March 2011


text:
Citation
1
This Order may be cited as the Education Act 2011 (Commencement No.1) Order 2011.
Provision coming into force on 17th November 2011
2
Section 44 of the Education Act 2011 comes into force on 17th November 2011.
Nick Gibb
Minister of State for Schools
Department for Education
16th November 2011


text:
Citation, commencement and interpretation
1
This Order may be cited as the Gender Recognition (Application Fees) (Amendment) Order 2011 and comes into force on 6th April 2011.
Amendments to the Gender Recognition (Application Fees) Order 2006
2
The Gender Recognition (Application Fees) Order 2006 is amended as follows.
3
In article 2 (application fees), in the first column of the table (relevant income of applicant) —
1
in the first entry, for “£26,204” substitute “£27,005”, and
2
for the second entry substitute “Greater than £18,008 but not greater than £27,005”.
4
In article 3 (circumstances in which no fee is payable), in paragraph (a)(ii), for “£17,474” substitute “£18,008”.
5
in article 5 (definition of qualifying benefit), in paragraph (b), for “£17,474” substitute “£18,008”.
Transitional provision
6
This Order does not apply in relation to applications made before 6th April 2011.
Signed by authority of the Secretary of State
McNally
Minister of State
Ministry of Justice
3rd March 2011


text:
Citation, commencement and effect
1
These Regulations may be cited as the Individual Savings Account (Amendment) Regulations 2011 and shall come into force on 6th April 2011.
2
These Regulations have effect for the tax year 2011-2012 and all subsequent tax years.
Amendments to the Individual Savings Account Regulations 1998
3
The Individual Savings Account Regulations 1998 are amended as follows.
4
For regulations 4(2) and (3) (general conditions for accounts and subscriptions to accounts) substitute —
2
The overall subscription limit for any qualifying individual for any year (that is the aggregate of the qualifying individual’s subscriptions to all accounts in that year) is —
a
where the qualifying individual is 16 years of age or over but less than 18 years of age at the end of the year, £5,340; and
b
in all other cases, £10,680, but subject to paragraph (3).
3
Where the qualifying individual is 18 years of age or over at the end of the year, the qualifying individual may only invest up to 50 per cent of the overall subscription limit specified in paragraph (2)(b) in any year to a cash account.
.
5
Omit regulation 4(4) (general conditions for accounts and subscriptions to accounts).
Angela Watkinson
Brooks Newmark
Two of the Lords Commissioners for Her Majesty’s Treasury
15th March 2011


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Government Resources and Accounts Act 2000 (Estimates and Accounts) (Amendment) Order 2011.
2
It comes into force on 20th January 2012.
3
In this Order, a reference to a table is a reference to a table in the Schedule to the Government Resources and Accounts Act 2000 (Estimates and Accounts) Order 2011 .
Amendment to designations
2
1
The Government Resources and Accounts Act 2000 (Estimates and Accounts) Order 2011 is amended as follows.
2
In column 2 of each table mentioned in Schedule 1, insert at the appropriate place in each case the bodies listed in that Schedule for the table concerned.
3
In column 2 of each table mentioned in Schedule 2, omit the bodies listed in that Schedule for the table concerned.
4
In Table 1 (Department for Education), in column 2, for “National College for Leadership of Schools and Children’s Services” substitute “The National College for School Leadership Limited”.
5
In Table 4 (Department for Communities and Local Government), in column 2 —
a
for “Commission for Administration” substitute “Commission for Local Administration in England”; and
b
for “FiReBuy” substitute “Firebuy”.
6
In Table 5 (Department for Business, Innovation and Skills), in column 2 —
a
for “Science and Technologies Facilities Council” substitute “Science and Technology Facilities Council”;
b
for “South West Regional Development Agency” substitute “South West of England Regional Development Agency”; and
c
omit “Learn Direct Solutions Limited” and insert at the appropriate place “UCT Solutions Limited”.
7
In Table 6 (Export Credits and Guarantee Department) —
a
for the heading substitute “Export Credits Guarantee Department”; and
b
in column 1, for “Export Credits and Guarantee Department” substitute “Export Credits Guarantee Department”.
8
In Table 9 (Ministry of Defence), in column 2, omit “Army Benevolent Fund” and insert at the appropriate place “ABF: the Soldiers’ Charity”.
9
In Table 13 (Department for Environment, Food and Rural Affairs), in column 2, for “Inland Waterways Amenity Advisory Council” substitute “Inland Waterways Advisory Council”.
10
In Table 14 (Department for Culture, Media and Sport), in column 2, omit “Football Licensing Authority” and insert at the appropriate place “Sports Ground Safety Authority”.
11
After Table 19 insert the table in Schedule 3.
Angela Watkinson
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
14th December 2011


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Guardian’s Allowance Up-rating Regulations 2011 and come into force on 11th April 2011.
2
In these Regulations “the Up-rating Orders ” means the Guardian’s Allowance Up-rating Order 2011 and the Guardian’s Allowance Up-rating (Northern Ireland) Order 2011 .
Exceptions relating to payment of allowance by virtue of the Up-rating Orders
2
Neither section 155(3) of the Social Security Administration Act 1992 nor section 135(3) of the Social Security Administration (Northern Ireland) Act 1992 shall apply if a question arises as to either —
a
the weekly rate at which guardian’s allowance is payable by virtue of either of the Up-rating Orders, or
b
whether the conditions for receipt of that allowance at the altered rate are satisfied,
until that question has been determined in accordance with the provisions of section 8 of the Social Security Act 1998 or article 9 of the Social Security (Northern Ireland) Order 1998 .
Persons not ordinarily resident in either Great Britain or Northern Ireland
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 and regulation 5 of the Social Security Benefit (Persons Abroad) (Northern Ireland) Regulations 1978 (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of either of the Up-rating Orders.
Dave Hartnett
Melanie Dawes
Two of the Commissioners for Her Majesty’s Revenue and Customs
31st March 2011


text:
PART 1 General
Citation and Commencement
1
These Regulations may be cited as the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 and shall come into force on 20th May 2011.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Jobseekers Act 1995;
“claimant” means a person who claims a jobseeker’s allowance, except that in relation to a joint-claim couple claiming a joint-claim jobseeker’s allowance, it means either or both of the members of the couple;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit Regulations 2006 ;
“the Housing Benefit Regulations ” means the Housing Benefit Regulations 2006 ;
“the Housing Renewal Grants Regulations ” means the Housing Renewal Grants Regulations 1996 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 ;
“the Scheme” means the Employment, Skills and Enterprise Scheme;
“working day” means any day except for a Saturday, Sunday, Christmas Day, Good Friday or bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales or in Scotland;
“the Employment, Skills and Enterprise Scheme” means a scheme within section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc. ) of the Act known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants to obtain employment or self-employment, and which may include for any individual work-related activity (including work experience or job search).
2
For the purpose of these Regulations where a written notice is given by sending it by post it is taken to have been received on the second working day after posting.
PART 2 Selection for and participation in the Employment, Skills and Enterprise Scheme
Selection for participation in the Scheme
3
The Secretary of State may select a claimant for participation in the Scheme.
Requirement to participate and notification
4
1
Subject to regulation 5, a claimant (“C”) selected under regulation 3 is required to participate in the Scheme where the Secretary of State gives C a notice in writing complying with paragraph (2).
2
The notice must specify —
a
that C is required to participate in the Scheme;
b
the day on which C’s participation will start;
c
details of what C is required to do by way of participation in the Scheme;
d
that the requirement to participate in the Scheme will continue until C is given notice by the Secretary of State that C’s participation is no longer required, or C’s award of jobseeker’s allowance terminates, whichever is earlier;
e
information about the consequences of failing to participate in the Scheme.
3
Any changes made to the requirements mentioned in paragraph (2)(c) after the date on which C’s participation starts must be notified to C in writing.
Circumstances in which requirement to participate in the Scheme is suspended or ceases to apply
5
1
Where a claimant (“C”) is —
a
subject to a requirement to participate in the Scheme, and
b
while C is subject to such a requirement, the Jobseeker’s Allowance Regulations apply so that C is not required to meet the jobseeking conditions
C’s requirement to participate in the Scheme is suspended for the period during which C is not required to meet the jobseeking conditions.
2
A requirement to participate in the Scheme ceases to apply to a claimant (“C”) if —
a
the Secretary of State gives C notice in writing that C is no longer required to participate in the Scheme, or
b
C’s award of jobseeker’s allowance terminates,
whichever is earlier.
3
Where paragraph (2)(a) applies, the requirement ceases to apply on the day specified in the notice.
PART 3 Sanctions
Failure to participate in the Scheme
6
A claimant who fails to comply with any requirement notified under regulation 4 is to be regarded as having failed to participate in the Scheme.
Good cause
7
1
A claimant (“C”) who fails to participate in the Scheme must show good cause for that failure within 5 working days of the date on which the Secretary of State notifies C of the failure.
2
The Secretary of State must determine whether C has failed to participate in the Scheme and, if so, whether C has shown good cause for the failure.
3
In deciding whether C has shown good cause for the failure, the Secretary of State must take account of all the circumstances of the case, including in particular C’s physical or mental health or condition.
Consequences of failure to participate in the Scheme
8
1
Where the Secretary of State determines that a claimant (“C”) has failed to participate in the Scheme, and C has not shown good cause for the failure in accordance with regulation 7, the appropriate consequence for the purpose of section 17A of the Act is as follows.
2
In the case of a jobseeker’s allowance other than a joint-claim allowance, the appropriate consequence is that C’s allowance is not payable for the period specified in paragraphs (4) to (7) (“the specified period”).
3
In the case of a joint-claim jobseeker’s allowance, the appropriate consequence is that C is to be treated as subject to sanctions for the purposes of section 20A (denial or reduction of a joint-claim jobseeker’s allowance) of the Act for the specified period.
4
The period is 2 weeks in a case which does not fall within paragraph (5), (6) or (7).
5
The period is 4 weeks where —
a
on a previous occasion the Secretary of State determined that C’s jobseeker’s allowance was not payable or was payable at a lower rate because C failed without good cause to participate in the Scheme (“the first determination”), and
b
a subsequent determination is made no more than 12 months after the date on which C’s jobseeker’s allowance was not payable or was payable at a lower rate following the first determination.
6
Subject to paragraph (7), the period is 26 weeks where —
a
on two or more previous occasions the Secretary of State determined that C’s jobseeker’s allowance was not payable or was payable at a lower rate because C failed without good cause to participate in the Scheme, and
b
a subsequent determination is made no more than 12 months after the date on which C’s jobseeker’s allowance was not payable or was payable at a lower rate following the most recent previous determination.
7
Where paragraph (6) applies but the Secretary of State is satisfied that C has re-complied in accordance with paragraph (8), the period is either —
a
4 weeks, or
b
4 weeks plus a period which ends with the last day of the benefit week in which C re-complies,
whichever is longer.
8
C will be taken to have re-complied where, after the date on which the Secretary of State determines that C has failed to participate in the Scheme, C complies with —
a
the requirement as to participation in the Scheme to which the determination relates, or
b
such other requirement as to participation as may be made by the Secretary of State and notified to C in accordance with regulation 4.
9
The specified period begins —
a
where, in accordance with regulation 26A(1) of the Social Security (Claims and Payments) Regulations 1987 , C’s jobseeker’s allowance is paid otherwise than fortnightly in arrears, on the day following the end of the last benefit week in respect of which that allowance was paid, and
b
in any other case, on the first day of the benefit week following the date on which C’s jobseeker’s allowance is determined not to be payable or to be payable at a lower rate.
10
Paragraphs (4) to (7) are subject to paragraph (11).
11
Where the Secretary of State notifies C during the specified period that C is no longer required to participate in the Scheme, the specified period terminates at the end of —
a
one week beginning with the date of the notice, or
b
the benefit week in which the requirement to participate ceases to apply,
whichever is later.
12
In this regulation “benefit week” has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations .
PART 4 Hardship
Hardship
9
Regulation 140 (meaning of “person in hardship”) of the Jobseeker’s Allowance Regulations is amended as follows —
a
in paragraph (2) substitute “, (4A), (4B) or (4C)” for “or (4A) or (4B)”;
b
after paragraph (4B) insert —
4C
In paragraph (2), a “person in hardship” does not include a claimant who is required at that time to participate in the Employment, Skills and Enterprise Scheme.
.
Hardship for joint-claim couples
10
Regulation 146A (meaning of “couple in hardship”) of the Jobseeker’s Allowance Regulations is amended as follows —
a
in paragraph (2) substitute “, (5A) or (5B)” for “or (5A)”;
b
after paragraph (5A) insert —
5B
In paragraph (2), a “couple in hardship” does not include a joint-claim couple either or both of whom are at that time required to participate in the Employment, Skills and Enterprise Scheme.
.
PART 5 Consequential Amendments
Definitions
11
1
Paragraph (2) applies to the following provisions (which relate to interpretation) —
a
regulation 2(1) of the Council Tax Benefit Regulations;
b
regulation 2(1) of the Housing Benefit Regulations;
c
regulation 2(1) of the Housing Renewal Grants Regulations;
d
regulation 1(3) of the Jobseeker’s Allowance Regulations .
2
In each of the provisions to which this paragraph applies insert the following definition in the appropriate place —
“the Employment, Skills and Enterprise Scheme” means a scheme under section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Jobseekers Act 1995 known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants to obtain employment, including self-employment, and which may include for any individual work-related activity (including work experience or job search);
.
3
The definition of “self-employment route” in each of the provisions mentioned in paragraph (1)(a), (b) and (d) is amended as follows —
a
at the end of paragraph (a) omit “or”; and
b
at the end of paragraph (b) insert “or” and the following paragraph —
c
the Employment, Skills and Enterprise Scheme;
.
4
The definition of “self-employment route” in the provision mentioned in paragraph (1)(c) is amended as follows —
a
in paragraph (b)(iv) omit “or”; and
b
at the end of paragraph (v) insert —
or
vi
the Employment, Skills and Enterprise Scheme;
.
Notional income
12
1
This regulation applies to the following provisions (which relate to notional income) —
a
regulation 32(7) of the Council Tax Benefit Regulations ;
b
regulation 42(7) of the Housing Benefit Regulations ;
c
regulation 31(9A) of the Housing Renewal Grants Regulations ;
d
regulation 105(10A) of the Jobseeker’s Allowance Regulations .
2
In each of the provisions to which this regulation applies insert the following sub-paragraph after sub-paragraph (cb) —
cc
in respect of a claimant’s participation in the Employment, Skills and Enterprise Scheme;
.
Notional capital
13
1
This regulation applies to the following provisions (which relate to notional capital) —
a
regulation 39(4) of the Council Tax Benefit Regulations ;
b
regulation 49(4) of the Housing Benefit Regulations ;
c
regulation 38(3A) of the Housing Renewal Grants Regulations ;
d
regulation 113(3A) of the Jobseeker’s Allowance Regulations .
2
In each of the provisions to which this regulation applies insert the following sub-paragraph after sub-paragraph (bb) —
bc
in respect of a claimant’s participation in the Employment, Skills and Enterprise Scheme;
.
Income to be disregarded
14
1
This regulation applies to the following Schedules (which relate to sums to be disregarded in the calculation of income other than earnings) —
a
Schedule 4 to the Council Tax Benefit Regulations;
b
Schedule 5 to the Housing Benefit Regulations;
c
Schedule 3 to the Housing Renewal Grants Regulations;
d
Schedule 7 to the Jobseeker’s Allowance Regulations.
2
In each Schedule to which this regulation applies insert the following paragraph after paragraph A2 —
A3
Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Employment, Skills and Enterprise Scheme.
.
Capital to be disregarded
15
1
This regulation applies to the following Schedules (which relate to capital to be disregarded) —
a
Schedule 5 to the Council Tax Benefit Regulations;
b
Schedule 6 to the Housing Benefit Regulations;
c
Schedule 4 to the Housing Renewal Grants Regulations;
d
Schedule 8 to the Jobseeker’s Allowance Regulations.
2
In each Schedule to which this regulation applies insert the following paragraph after paragraph A2 —
A3
Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Employment, Skills and Enterprise Scheme but only for 52 weeks beginning with the date of receipt of the payment.
.
Further amendments to the Jobseeker’s Allowance Regulations
16
The Jobseeker’s Allowance Regulations are amended as follows —
a
in the definition of “relevant notification” in regulation 25(1A) (entitlement ceasing on a failure to comply) , insert “, under the Employment, Skills and Enterprise Scheme” after “scheme”;
b
at the end of regulation 53 (persons treated as not engaged in remunerative work) insert —
m
he is participating in the Employment, Skills and Enterprise Scheme.
.
Consequential amendments relating to decisions and appeals
17
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended as follows —
a
after regulation 7(8ZA) (date from which a decision superseded under section 10 takes effect) insert the following paragraph —
8ZB
A decision to which regulation 6(2)(fa) applies shall take effect on the day specified in regulation in regulation 8(9)(a) or (b) of the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011.
.
PART 6 Contracting out
Contracting out certain functions in relation to the Scheme
18
1
Any function of the Secretary of State specified in paragraph (2) may be exercised by, or by employees of, such person (if any) as may be authorised by the Secretary of State.
2
The functions are any function under —
a
regulation 4 (requirement to participate and notification);
b
regulation 5(2)(a) (notice that requirement to participate ceases); and
c
regulation 8(8)(b) and 8(11) (requirements and notices after failures).
Signed by authority of the Secretary of State for Work and Pensions
C Grayling
Minister of State,
Department for Work and Pensions
28th March 2011
We consent
James Duddridge
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
28th March 2011


text:
Citation, application, extent and interpretation
1
1
This Order may be cited as the Health Act 2009 (Commencement No.3) (Amendment) Order 2011.
2
a
Except as provided in this paragraph, this Order applies to England.
b
Article 2(b), insofar as it relates to the substituted articles 2(1)(b) and 2(1A)(c) of the Commencement No.3 Order , has the same extent as the enactments repealed under the specified provisions of Schedule 6 to the Act.
3
In this Order, “the Commencement No.3 Order” means the Health Act 2009 (Commencement No.3) Order 2010 .
Amendment of the Commencement No.3 Order 2010
2
The Commencement No.3 Order is amended as follows —
a
in article 1 (citation, application, extent and interpretation), for paragraph (2)(b) substitute —
b
paragraphs (1)(b) and (1A)(c) of article 2 have the same extent as the enactments repealed under the specified provisions of Schedule 6 to the Act.
;
b
in article 2 (appointed days), for paragraph (1) substitute —
2
1
1st October 2011 is the day appointed for the coming into force of the following provisions of the Act —
a
section 22 (power to prohibit sales from vending machines) to the extent that it is not already in force;
b
Schedule 6 (repeals and revocations) in so far as it gives effect to the repeal relating to the Children and Young Persons Act 1933 and section 38 in so far as it gives effect to that provision.
1A
6th April 2012 is the day appointed for the coming into force of the following provisions of the Act —
a
section 21 (prohibition of tobacco displays etc ) to the extent that it is not already in force, in so far as it inserts sections 7A, 7B and 7C of the Tobacco Advertising and Promotion Act 2002 (prohibition of tobacco displays, tobacco displays: exclusions and defence and displays: prices of tobacco products), for the purpose of large shops other than bulk tobacconists and specialist tobacconists;
b
the following paragraphs of Schedule 4, and section 24 in so far as it relates to those paragraphs —
i
paragraph 6(2) and paragraph 6(1) in so far as it relates to that sub-paragraph;
ii
paragraphs 7(5) and 7(6);
iii
paragraph 10;
iv
paragraphs 11 and 12 to the extent that they are not already in force; and
v
paragraph 2 in so far as it relates to the paragraphs listed in (i) to (iv);
c
Schedule 6 (repeals and revocations) in so far as it gives effect to the repeal relating to section 14(12) of the Tobacco Advertising and Promotion Act 2002 , and section 38 in so far as it gives effect to that provision.
; and
c
in Article 2(2), for “1st October 2013” substitute “6th April 2015”.
Signed by authority of the Secretary of State for Health.
Anne Milton
Parliamentary Under-Secretary of State,
Department of Health
9th May 2011


text:
Title, commencement and application
1
1
The title of these Regulations is the Water Supply (Water Quality) (Amendment) Regulations 2011 and they come into force on 2 February 2011.
2
These Regulations apply in relation to the supply of water by every —
a
water undertaker whose area is wholly or mainly in Wales; and
b
licensed water supplier so far as relating to licensed activities using the supply system of any water undertaker whose area is wholly or mainly in Wales.
Amendments
2
1
The Water Supply (Water Quality) Regulations 2010 are amended as follows.
2
In regulation 6 (Monitoring: general provisions) —
a
for paragraph (4), substitute —
4
Of the samples taken in accordance with paragraph (3) in relation to each distribution, the first must be analysed for compliance with the parameters E.coli , conductivity and hydrogen ion (item 2 in Table A in Schedule 1, and items 6 and 7 in Schedule 2, respectively), and the second and any subsequent samples must be analysed for compliance with those and every other parameter.
; and
b
in paragraph (5), for “9 and 10”, substitute “10 and 11”.
3
In regulation 20 (Action by Welsh Ministers), omit paragraph (6).
4
Before regulation 21, insert the heading —
Failure attributable to domestic distribution system where water is supplied to the public
.
5
In regulation 33 (Offences), in paragraph (1), for “or (3)”, substitute “or (4)”.
Jane Davidson
Minister for Environment, Sustainability and Housing, one of the Welsh Ministers
7 January 2011


text:
Citation and commencement
1
1
These Regulations may be cited as the Merchant Shipping (Ship-to-Ship Transfers) (Amendment) (No. 2) Regulations 2011.
2
They come into force on 30th September 2011.
Amendment of the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010
2
1
Regulation 1 of the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 is amended as follows.
2
In paragraph (2) for “1st April 2012” substitute “1st October 2012”.
3
In paragraph (3) for “1st October 2011” substitute “1st April 2012”.
4
In paragraph (3)(a) for “1st April 2012” substitute “1st October 2012”.
5
In paragraph (4) for “1st October 2011” substitute “1st April 2012”.
Signed by authority of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
5th September 2011


text:
Citation and commencement
1
These Regulations may be cited as the Syria (Asset-Freezing) (Amendment) Regulations 2011 and shall come into force at 6.00 p.m. on 17th October 2011.
Amendments to the Syria (Asset-Freezing) Regulations 2011
2
The Syria (Asset-Freezing) Regulations 2011 are amended as follows.
3
In regulation 2(1), in the definitions of “the Council Regulation” and “designated person”, after “Annex II ” insert “or IIa”.
4
In regulation 3(3), for “regulation 9” substitute “regulations 8A and 9”.
5
After regulation 8, insert the following —
Trade contract payments
8A
1
The prohibition in regulation 3 is not contravened by any person who deals with funds or economic resources belonging to, or owned, held or controlled by, a person (“A”) listed in Annex IIa to the Council Regulation provided that —
a
A received the funds or economic resources after the date on which A was listed;
b
A uses the funds or economic resources to make a payment during the period of two months from the date on which A was listed;
c
the payment is due under a trade contract; and
d
the Treasury have determined that the payment will not directly or indirectly be received by a designated person.
2
In paragraph (1) “deals with” has the same meaning as in regulation 3(1).
James Duddridge
Jeremy Wright
Two of the Lords Commissioners of
Her Majesty’s Treasury
At 2.00 p.m. on 17th October 2011


text:
Citation and commencement
1
These Regulations may be cited as the Further Education Teachers’ Qualifications (England) (Amendment) Regulations 2011 and come into force on 1st April 2011.
Amendment of the Further Education Teachers’ Qualifications (England) Regulations 2007
2
The Further Education Teachers’ Qualifications (England) Regulations 2007 are amended as set out in regulation 3.
3
In regulation 2 —
a
in paragraph (1), omit the definition of “LLUK”;
b
in paragraph (2)(c), for “LLUK” substitute “IfL”.
John Hayes
Minister of State for Further Education, Skills and Lifelong Learning
Department for Business, Innovation and Skills
8th March 2011


text:
Citation and commencement
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 2) Order 2011 and shall come into force on 1st June 2011.
Revocation of 2011 Order
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) Order 2011 is revoked.
Amendment of 1986 Order
3
In the Child Abduction and Custody (Parties to Conventions) Order 1986 , as amended by the Child Abduction and Custody (Parties to Conventions) (Amendment) Order 2009 , for Schedule 1 there is substituted Schedule 1 as set out in the Schedule to this Order.
Judith Simpson
Clerk of the Privy Council