type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Local Authorities’ Plans and Strategies (Disapplication) (England) (Amendment) Order 2009 and shall come into force on 13 th April 2009.
Amendment of the Local Authorities’ Plans and Strategies (Disapplication) (England) Order 2005
2
The Local Authorities’ Plans and Strategies (Disapplication) (England) Order 2005 is amended as follows.
Additional categories of authority
3
In article 2 (interpretation) —
a
before the definition of “English local authority” insert —
“ 2006 Order ” means the Local Authorities (Categorisation) (England) Order 2006 ;
“ 2009 Order ” means the Local Authorities’ Plans and Strategies (Disapplication) (England) (Amendment) Order 2009 ;
“3 stars authority” means an English local authority categorised as 3 stars by reason of an order made by the Secretary of State under section 99(4) of the Local Government Act 2003;
“4 stars authority” means an English local authority categorised as 4 stars by reason of an order made by the Secretary of State under section 99(4) of the Local Government Act 2003;
.
Amendment of article 3
4
In article 3 (disapplication of duty to publish new homelessness strategies) —
a
in paragraph (1), after “excellent” insert “, 4 stars or 3 stars”;
b
for paragraph 3(2) substitute —
2
Paragraph (3) applies where —
a
a local housing authority cease to fall, or to be treated as falling, within paragraph (1), and
b
the cessation is not by reason only of the expiration of a period previously specified under paragraph (3).
;
c
for paragraph (3) substitute —
3
Where this paragraph applies, the authority shall be treated for the purposes of paragraph (1) as continuing to be an authority falling within that paragraph for a period —
a
of such length, no shorter than one year and not exceeding two years, as the Secretary of State may specify in writing to the authority, and
b
beginning with the date of the cessation mentioned in paragraph (2).
.
Amendment of article 4
5
In article 4 (disapplication of duty to submit home energy conservation reports) —
a
in paragraph (1), after “excellent” insert “, 4 stars or 3 stars”;
b
after paragraph (2) insert —
2A
Where at the date that the 2009 Order comes into force a 3 stars or 4 stars authority have prepared a report and published and sent it to the Secretary of State in accordance with section 2(6) of the Act, section 3(2) of the Act shall not apply in relation to that authority.
;
c
for paragraph (3) substitute —
3
Paragraph (4) applies where —
a
an energy conservation authority cease to fall, or to be treated as falling, within paragraph (1), and
b
the cessation is not by reason only of the expiration of a period previously specified under paragraph (4).
;
d
for paragraph (4) substitute —
4
Where this paragraph applies, the authority shall be treated for the purposes of paragraph (1) as continuing to be an authority falling within that paragraph for a period of one year beginning with the date of the cessation mentioned in paragraph (3).
.
Amendment of article 6
6
In article 6 (disapplication of duties to prepare and publish rights of way improvement plans and amendment of provisions relating to such plans) —
a
in paragraph (1) for “excellent” substitute “4 stars”;
b
in paragraph (2) for “An excellent” substitute “A 4 stars”;
c
in paragraph (3) for “Where at the date on which this Order comes into force an excellent authority” substitute “Where, at the date on which the 2009 Order comes into force, a 4 stars authority”;
d
in paragraph (4) for “Where at the date on which this Order comes into force an excellent authority” substitute “Where, at the date on which the 2009 Order comes into force, a 4 stars authority”;
e
in paragraph (5) for “an excellent” substitute “a local highway”;
f
for paragraph (7) substitute —
7
Paragraph (7A) applies where, on or after the coming into force of the 2009 Order, a local highway authority —
a
cease to fall within paragraph (1), or
b
cease to be treated as falling within that paragraph,
and the cessation is not by reason only of the expiration of a period previously specified under paragraph (7A).
;
g
after paragraph (7) insert —
7A
Where this paragraph applies, the authority shall be treated for the purposes of paragraph (1) as continuing to fall within that paragraph for a period —
a
of such length, not exceeding two years, as the Secretary of State may specify in writing to the authority, and
b
beginning with the cessation mentioned in paragraph (7).
.
Amendment of article 7 and Schedule 2
7
1
In article 7 (disapplication of duties to prepare local transport plans and bus strategies and amendment of provisions relating to such plans) —
a
in paragraph (1), for “excellent” substitute “4 stars”;
b
in paragraph (2)(a) and (b), for “excellent” substitute “4 stars”;
c
in paragraph (3) —
i
for “An excellent authority, who at the date on which this Order comes into force” substitute “An authority who is a 4 stars authority and who, on 1st February 2005”;
ii
in sub-paragraph (a) for “have” substitute “had”;
iii
in sub-paragraph (b) for “are” substitute “were”;
d
in paragraph (4) for “an excellent” substitute “a 4 stars”;
e
for paragraph (6) substitute —
6
Paragraph (7) applies where, on or after the coming into force of the 2009 Order, a local transport authority —
a
cease to fall within paragraph (1), or
b
cease to be treated as falling within that paragraph,
and the cessation is not by reason only of the expiration of a period previously specified under paragraph (7).
;
f
after paragraph (6) add —
7
Where this paragraph applies, the authority shall be treated for the purposes of paragraph (1) as continuing to fall within that paragraph for a period —
a
of such length, no shorter than one year and not exceeding two years, as the Secretary of State may specify in writing to the authority, and
b
beginning with the date of the cessation mentioned in paragraph (6).
.
2
In paragraph 1(b) of Part 1 of Schedule 2 (modification of the Transport Act 2000 ) for the definition of “excepted authority” in section 108(4) as modified by that sub-paragraph, substitute —
“excepted authority” means a local transport authority in England who —
a
are a 4 stars authority within the meaning given to that term by the Local Authorities’ Plans and Strategies (Disapplication) (England) Order 2005; or
b
are treated by virtue of article 7(7) of that Order as such an authority for the purposes of article 7(1).
.
Amendment of article 8
8
In article 8 (disapplication of duties to prepare action plans in relation to air quality) —
a
in paragraph (1), after “excellent” insert “or 4 stars”;
b
in paragraph (2), for “an excellent authority may” substitute “an excellent or 4 stars authority may” and for “an excellent authority who” substitute “an excellent or 4 stars authority who”;
c
in paragraph (3), after “excellent” insert “or 4 stars”;
d
in paragraph 4(c), in subsection (5B) of section 85 of the Environment Act 1995 , as inserted by that sub-paragraph, after “excellent” insert “or 4 stars”;
e
in paragraph 4(c), in subsection (5C) of section 85 of the Environment Act 1995, as inserted by that sub-paragraph, after “excellent” insert “or 4 stars”;
f
in paragraph 4(c), in subsection (5D) of section 85 of the Environment Act 1995, as inserted by that sub-paragraph, for ““excellent authority” has the meaning given to that term by” substitute ““excellent or 4 stars authority” means an excellent authority or a 4 stars authority within the meaning of”;
g
for paragraph (5) substitute —
5
Paragraph (6) applies where —
a
a local authority cease to fall, or to be treated as falling, within paragraph (1), and
b
the cessation is not by reason only of the expiration of a period previously specified under paragraph (6).
;
h
for paragraph (6) substitute —
6
Where this paragraph applies, the authority shall be treated for the purposes of paragraph (1) as continuing to be an authority falling within that paragraph for a period one year beginning with the date of the cessation mentioned in paragraph (5).
.
Signed by authority of the Secretary of State for Communities and Local Government
Sadiq Khan
Parliamentary Under Secretary of State
Department for Communities and Local Government
16th March 2009


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2009 and come into force on 1st August 2009.
Amendment of Regulations
2
1
Schedule 7B to the Road Vehicles (Construction and Use) Regulations 1986 is amended as follows.
2
In paragraph 7, for sub-paragraph (b) substitute —
b
“the emissions publication” is the publication entitled “In Service Exhaust Emission Standards for Road Vehicles – Fifteenth Edition” ( ISBN 978-0-9549352-4-5) published by the Department for Transport.
Signed by the authority of the Secretary of State
Sadiq Khan
Minister of State
Department for Transport
6th July 2009


text:
Citation and commencement
1
These Regulations may be cited as the Gaming Duty (Amendment) Regulations 2009 and come into force on 1st October 2009.
Interpretation
2
In these Regulations “quarter” means the first three months of an accounting period.
Application and revocation
3
1
These Regulations apply in the case of payments on account of gaming duty for any quarter that ends on or after 31st October 2009.
2
The Gaming Duty (Amendment) Regulations 2007 are revoked.
The amount of payments on account
4
For the purpose of calculating payments on account of gaming duty in the cases to which these Regulations apply, substitute the following Table for the Table in regulation 5 of the Gaming Duty Regulations 1997 :
Table
Part of gross gaming yield Rate
The first £964,500 15 per cent The next £664,750 20 per cent The next £1,164,500 30 per cent The next £2,457,750 40 per cent The remainder 50 per cent
Dave Hartnett
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
22nd July 2009


text:
Citation and commencement
1
These Regulations may be cited as the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2009 and come into force on 6th April 2009.
Amendments
2
1
The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 are amended as follows.
2
In regulation 3, for the definition of “infringing goods”, substitute the following —
“infringing goods” means electrical and electronic equipment placed on the market on or after 1 February 2008 —
the contents of which are not such as are permitted or required by regulation 7; or
in respect of which the producer of that equipment has not complied with the requirements of regulation 8(a) or (b);
3
In regulation 10(2)(b), for “regulation 15(1)(a)” substitute “regulation 16(1)(a)”.
4
In regulation 13 —
a
in paragraph (2), for “paragraph (3)(a)” substitute “regulation 12(3)(a)”; and
b
delete paragraphs (4) and (5).
5
For regulation 14, substitute the following regulation —
Compliance notice
14
1
The Secretary of State may serve a notice on a producer who —
a
puts on the market; or
b
supplies or makes available in the United Kingdom in the course of business,
electrical and electronic equipment which the Secretary of State has reasonable grounds to suspect are infringing goods.
2
A notice served under paragraph (1) (a “compliance notice”) shall —
a
identify the alleged infringing goods (the “specified goods”);
b
state why the Secretary of State suspects that the specified goods are infringing goods;
c
specify what action the Secretary of State considers the person on whom the notice is served needs to take, or to refrain from taking, in order —
i
to cause the specified goods to cease to be infringing goods, or
ii
where it is not possible for them to cease to be infringing goods, to withdraw them from the market or cease to supply or to make them available in the United Kingdom; and
d
state that, if that person does not take, or refrain from taking, such action within such period as the notice specifies, and the Secretary of State considers that the specified goods continue to be infringing goods, the Secretary of State may —
i
take further action under regulation 15; or
ii
commence proceedings under regulation 16(1)(a) or (b).
3
No proceedings shall be commenced against a person under regulation 16(1)(a) or (b) in respect of an alleged contravention of a requirement of Part 2 where —
a
a compliance notice has been served on that person in respect of the alleged contravention; and
b
the period specified under paragraph (2)(d) in that notice has not come to an end.
6
For regulation 15, substitute the following regulation —
Enforcement notice
15
1
Where the Secretary of State serves a compliance notice on a person and, at the end of the period specified in the notice under regulation 14(2)(d) —
a
it appears to the Secretary of State that that person has failed to take, or to refrain from taking, the action specified in the compliance notice under regulation 14(2)(c); and
b
the Secretary of State has reasonable grounds for considering that the specified goods are infringing goods,
the Secretary of State may serve a further notice on that person.
2
A notice served under paragraph (1) (an “enforcement notice”) shall —
a
identify the specified goods;
b
state why the conditions in paragraph (1) are satisfied in relation to the specified goods;
c
specify the period ending not less than twenty-one days from the date of the notice, within which the person on whom the notice is served is required to take, or to refrain from taking, such action as is specified in the notice;
d
state that, if that person does not take, or refrain from taking, such action within the period specified in the notice, and the Secretary of State considers that the specified goods continue to be infringing goods, the Secretary of State may commence proceedings under regulation 16(1); and
e
state the judicial remedies available to that person and the time limits to which those remedies are subject.
3
An enforcement notice may —
a
require the specified goods to be modified so as to cease to be infringing goods;
b
require the taking of any action which is necessary to secure compliance with regulation 8(a) or (b) in relation to the specified goods;
c
require the specified goods to be withdrawn from the market;
d
prohibit or restrict the specified goods from being supplied or made available in the United Kingdom in the course of business; or
e
prohibit or restrict the placing on the market of the specified goods.
4
No proceedings shall be commenced against a person under regulation 16(1) in connection with any specified goods which it is alleged are infringing goods where —
a
an enforcement notice has been served on that person in respect of those specified goods; and
b
the period specified under paragraph (2)(c) in that notice has not come to an end.
5
In this regulation “specified goods” means the alleged infringing goods that have been identified in a compliance notice in accordance with regulation 14(2)(a).
.
Stephen Carter
Minister for Communications, Technology and Broadcasting
Department for Business, Enterprise and Regulatory Reform
8th March 2009


text:
Citation and commencement
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Control of Business Transfers) (Requirements on Applicants) (Amendment) Regulations 2009 and come into force on 13th July 2009.
Amendments to the Financial Services and Markets Act 2000 (Control of Business Transfers) (Requirements on Applicants) Regulations 2001
2
The Financial Services and Markets Act 2000 (Control of Business Transfers) (Requirements on Applicants) Regulations 2001 are amended as follows —
a
in regulation 1(2) after the definition of “the parties” insert —
“reclaim fund business transfer scheme” has the meaning given by section 106A(1) of the Act ;
;
b
for the heading to regulation 5 (Transfer of a banking business) substitute “Transfer of a banking business or a reclaim fund business”;
c
in regulation 5(1) after “banking business transfer scheme” insert “or reclaim fund business transfer scheme”;
d
in regulation 6(1) after “banking business transfer scheme” insert “or reclaim fund business transfer scheme”.
Frank Roy
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
10th June 2009


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Cat and Dog Fur (Control of Import, Export and Placing on the Market) (Amendment) Regulations 2009 and shall come into force on 31st May 2009.
Amendment of the Cat and Dog Fur (Control of Import, Export and Placing on the Market) Regulations 2008
2
1
The Cat and Dog Fur (Control of Import, Export and Placing on the Market) Regulations 2008 are amended in accordance with the following regulations.
2
In regulation 3(3), subparagraph (f), paragraph (ii), delete the words “under regulation 4”.
3
At the end of the heading in regulation 4, insert the words “: England, Wales and Northern Ireland”.
4
In regulation 4(1), after the words “enforcement authority”, insert the words “in England, Wales or Northern Ireland”.
5
In regulation 4(5):
a
after the semicolon in subparagraph (a), insert “and”; and
b
delete the words “; and (c) in Scotland, to the Sheriff Court”.
6
In regulation 5(3), delete the word “section” and substitute the word “regulation”.
Gareth Thomas
Minister of State for Trade, Investment and Consumer Affairs
Department for Business, Enterprise and Regulatory Reform
22nd April 2009


text:
Citation and commencement
1
This Order may be cited as the Buying Agency Trading Fund (Amendment) Order 2009 and comes into force on 6th April 2009.
Amendment of the Buying Agency Trading Fund Order 1991
2
In article 3 of the Buying Agency Trading Fund Order 1991 , for “OGCbuying.solutions Trading Fund” substitute “the Buying Solutions Trading Fund”.
Revocation of amending Order
3
The Buying Agency Trading Fund (Amendment) (Change of Name) Order 2001 is revoked.
Alistair Darling
Chancellor of the Exchequer
11th March 2009
We concur
Steve McCabe
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 2009


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Input Tax) (Amendment) Order 2009 and shall come into force on 6th April 2009.
Amendment of the Value Added Tax (Input Tax) Order 1992
2
1
The Value Added Tax (Input Tax) Order 1992 is amended as follows.
2
In article 2 (interpretation), in the definition of “motor car” —
i
in sub-paragraph (b)(ii) for “twelve” substitute “12”;
ii
after sub-paragraph (b)(ii), insert —
(iia) vehicles which would otherwise meet the requirements of sub-paragraph (ii) but which can carry fewer than 12 seated persons solely because they have been adapted for wheelchair users;
.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
10th February 2009


text:
PART 1 General
Citation and commencement
1
This Order may be cited as the Dunfermline Building Society Independent Valuer Order 2009 and shall come into force on 30th July 2009.
Interpretation
2
In this Order —
“ the Act ” means the Banking Act 2009;
“the Dunfermline Compensation Order ” means the Dunfermline Building Society Compensation Scheme, Resolution Fund and Third Party Compensation Order 2009 ;
“independent valuer” means the person appointed in accordance with article 5(2) of the Dunfermline Compensation Order;
“the monitor” has the meaning given in article 3(2);
“ the Tribunal ” means the Financial Services and Markets Tribunal established under section 132 of the Financial Services and Markets Act 2000 .
PART 2 Remuneration, staff, records and accounts
Remuneration of the independent valuer
3
1
The Treasury must pay such remuneration and allowances as they must determine to the independent valuer.
2
The Treasury must appoint a person to monitor the operation of the arrangements for the remuneration of, and payment of allowances to, the independent valuer (“the monitor”).
Remuneration of the Appointment Panel and the monitor
4
The Treasury may make provision for —
a
the members of the panel appointed under article 5(1)(b) of the Dunfermline Compensation Order; and
b
the monitor,
to be paid such remuneration and allowances as the Treasury may determine.
Staff
5
1
The independent valuer must determine the remuneration, allowances and other conditions of service of any staff appointed by the independent valuer under section 55(4) of the Act.
2
The independent valuer may pay such pensions, allowances or gratuities to or in respect of any staff appointed by the independent valuer under section 55(4) of the Act as he or she may determine.
3
The references in paragraph (2) to pensions, allowances or gratuities to or in respect of any staff appointed by the independent valuer under section 55(4) of the Act include reference to pensions, allowances or gratuities by way of compensation in respect of any staff who suffer loss of employment.
4
Any determination under paragraph (1) or (2) shall require the approval of the Treasury.
Records and accounts
6
1
The independent valuer must maintain reasonable arrangements for —
a
recording decisions made in exercise of his or her functions referred to in article 4 of the Dunfermline Compensation Order; and
b
the safe-keeping of those records.
2
The independent valuer must —
a
keep proper accounts and proper records in relation to the accounts, and
b
prepare in respect of each financial year a statement of accounts to be provided to the monitor.
PART 3 Procedure and information
Interpretation
7
In this Part —
“court” means the High Court or, in Scotland, the Court of Session;
“specified information” means any information obtained by the independent valuer for the purpose of conducting the functions referred to in article 4(a) or (c) of the Dunfermline Compensation Order.
Procedure
8
1
The independent valuer may make such rules as to the procedure to be applied in conducting his or her functions referred to in article 4 of the Dunfermline Compensation Order as the independent valuer considers appropriate.
2
The independent valuer may make such rules as to the procedure for the reconsideration of any determination relating to the assessment of compensation under article 12 as the independent valuer considers appropriate.
3
Rules made under paragraphs (1) and (2) may make different provision for different cases and circumstances.
Application to the court for information
9
1
The court may, on an application by the independent valuer, make an order requiring a person to provide information that is reasonably required by the independent valuer for the purpose of conducting the functions referred to in article 4(a) or (c) of the Dunfermline Compensation Order.
2
A person required to provide information pursuant to an order under paragraph (1) shall not be required to provide information —
a
in respect of which a claim to legal professional privilege (or in Scotland, to confidentiality of communications) could be maintained in legal proceedings;
b
if such provision by the person holding it would be prohibited by or under any enactment;
c
if it is held by a government department and provision of such information would be contrary to the public interest.
3
In relation to information recorded otherwise than in legible form, the power to require information to be provided includes a power to require it to be provided in a form from which it can be readily produced in visible and legible form.
Confidence
10
A person who provides information to the independent valuer for the purpose of the independent valuer’s functions referred to in article 4(a) or (c) of the Dunfermline Compensation Order is not, by reason only of the provision of such information, liable in any proceedings relating to a breach of an obligation of confidence.
Disclosure
11
1
Specified information shall not be disclosed by the independent valuer without the consent of the person from whom the independent valuer obtained the specified information and, if different, the person to whom it relates.
2
The prohibition in paragraph (1) of the disclosure of specified information is subject to the following exceptions —
a
the independent valuer may, for the purpose of conducting the functions referred to in article 4 of the Dunfermline Compensation Order, disclose specified information to any staff appointed by the independent valuer under section 55(4) of the Act or to any person providing advice or assistance to the independent valuer;
b
the independent valuer may disclose specified information if and to the extent that he or she considers it necessary to do so for the purpose of conducting the functions referred to in article 4(a) or (c) of the Dunfermline Compensation Order.
3
The independent valuer must, before disclosing any specified information in accordance with paragraph (2), have regard to the need to exclude from disclosure (so far as practicable) —
a
commercial information the disclosure of which might significantly harm the legitimate business interests of the person to whom it relates,
b
information relating to the private affairs of an individual, the disclosure of which might significantly harm the individual’s interests, or
c
any information the disclosure of which would be contrary to the public interest.
4
The independent valuer may disclose specified information in accordance with this article subject to such conditions as the independent valuer thinks appropriate.
5
Specified information shall not be disclosed by any person to whom the independent valuer has disclosed such information without the consent of the person from whom the independent valuer obtained the specified information and, if different, the person to whom it relates.
PART 4 Reconsideration by the independent valuer
Reconsideration of assessment notice
12
1
If —
a
the Treasury, or
b
any person who is affected by the determination of the amount of any compensation payable in accordance with Schedule 2 to the Dunfermline Compensation Order,
are dissatisfied with an assessment notice issued by the independent valuer under paragraph 4 or 10 of Schedule 2 to the Dunfermline Compensation Order, the Treasury or any such person may require the independent valuer to reconsider his or her determination.
2
Where the independent valuer is required to reconsider his or her determination in accordance with paragraph (1) he or she must issue a revised assessment notice.
3
A revised assessment notice must contain the following information —
a
the date on which the revised assessment notice is issued;
b
either —
i
notification that the independent valuer has upheld the determination specified in the assessment notice; or
ii
notification that the independent valuer has varied the determination specified in the assessment notice;
c
the amount of any compensation determined by the independent valuer as being payable; and
d
the reasons for the independent valuer’s decision.
4
The independent valuer must send a copy of the revised assessment notice to the Treasury.
PART 5 References to the Tribunal
Right to refer to the Tribunal
13
If —
a
the Treasury, or
b
any person who is affected by the determination set out in a revised assessment notice of the amount of compensation payable,
are dissatisfied with the revised assessment notice, the Treasury or any such person may refer the matter to the Tribunal.
Application of the Financial Services and Markets Act 2000
14
1
The provisions of —
a
Part 9 (hearing and appeals) of, and Schedule 13 (the Financial Services and Markets Tribunal) to, the Financial Services and Markets Act 2000 ; and
b
the Financial Services and Markets Tribunal Rules 2001 ;
shall apply in respect of any reference made under article 13, subject to the modifications set out in this Part.
Modification of the Financial Services and Markets Act 2000
15
Part 9 of, and Schedule 13 to, the Financial Services and Markets Act 2000 are modified as follows.
16
In section 133 (proceedings: general provision) and Schedule 13, for “the Authority” in each place where it occurs substitute “the independent valuer appointed in accordance with article 5(2) of the Dunfermline Building Society Compensation Scheme, Resolution Fund and Third Party Compensation Order 2009”.
17
In section 133 —
i
in subsection (1)(a) for “the decision notice or supervisory notice in question”, substitute “the revised assessment notice issued by the independent valuer under article 12(2) of the Dunfermline Building Society Independent Valuer Order 2009”;
ii
for subsection (4) substitute —
4
Where the Tribunal is satisfied that the decision as to the amount of compensation shown in the revised assessment notice was not a reasonable decision the Tribunal must remit the matter to the independent valuer for reconsideration in accordance with such directions (if any) as it considers appropriate.
;
iii
ignore subsections (5) to (9) and (12).
18
Ignore sections 134 to 136.
Modification of Financial Services and Markets Tribunal Rules 2001
19
The Financial Services and Markets Tribunal Rules 2001 are modified as follows.
20
In each place where it occurs (other than in rule 2) —
a
for “Authority” substitute “respondent”;
b
for “Authority notice” substitute “revised assessment notice”;
c
for “statement of case” substitute “response document”.
21
In rule 2 (interpretation) —
a
ignore the definitions for “the Authority”, “Authority notice”, “further material”, “protected item”, “reply” and “statement of case”;
b
in the definition of “party”, for “Authority”, in both places where it occurs, substitute “respondent”;
c
in the definition of “referred action” for “the act (or proposed act) on the part of the Authority” substitute “the revised assessment notice”;
d
for the definition of “response document” substitute
“response document” means a statement filed by the respondent under rule 5(1);
; and
e
in the appropriate places insert —
“respondent” means the independent valuer appointed in accordance with article 5(2) of the Dunfermline Building Society Compensation Scheme, Resolution Fund and Third Party Compensation Order 2009”;
“revised assessment notice” means the revised assessment notice issued by the respondent under article 12(2) of the Dunfermline Building Society Independent Valuer Order 2009,
.
22
In rule 4(6) (reference notice) ignore “, a direction under rule 10(1)(e) (suspension of Authority’s action) or”.
23
In rule 5 (Authority’s statement of case) —
a
for paragraphs (1) and (2) substitute —
1
The respondent shall file a written statement (“a response document”) dealing with any issues arising out of the reference notice that the respondent wishes the Tribunal to consider so that it is received by the Tribunal no later than 28 days after the day on which the respondent received the information sent by the Secretary in accordance with rule 4(9)(b).
2
At the same time as it files the response document, the respondent shall send a copy to the applicant.
;
b
ignore paragraphs (3) and (4).
24
Ignore rules 6 (applicant’s reply), 7 (secondary disclosure by the Authority), 8 (exceptions to disclosure), 11 (filing of subsequent notices in relation to the referred action), 12(2) (summoning of witnesses), 14(3)(c) (withdrawal of reference and unopposed references), 15 (references by third parties) and 23(4) (application for permission to appeal).
25
In rule 10 (particular types of directions) ignore paragraphs (1)(e), (2)(a), (6) and (8).
26
After rule 10 (particular types of directions) insert —
Same issues proceedings
10A
1
The President may, of his own motion or on application by a party, direct that a reference is heard as a lead case where —
a
two or more references under article 13 of the Dunfermline Building Society Independent Valuer Order 2009 have been made, but have not yet been determined by the Tribunal; and
b
it appears to the President that those references give rise to common or related issues of fact or law (“same issues proceedings”).
2
The President may —
a
make such further directions as he or she considers appropriate for determination of the lead case; and
b
direct that pending determination of the lead case all other same issues proceedings before the Tribunal shall be stayed.
3
All parties in same issue proceedings must be allowed to make representations prior to the President making a direction under paragraph (1) or (2).
4
Without prejudice generally to the parties’ rights of appeal and to paragraphs (5) to (7), the Tribunal’s determination of the same issues in the lead case shall be binding on the parties to each of the same issues proceedings unless the Tribunal or the President directs otherwise.
5
Any party to any of the same issues proceedings may apply to the President for a direction that the determination of the same issues in the lead case does not apply to that party’s case.
6
An application under paragraph (5) must be made not later than 21 days after the date on which that party received notice of the determination of the same issues in the lead case.
7
Within 28 days beginning with the date of determination of the same issues in the lead case the President may make further directions in relation to —
a
the lead case and each of the same issues proceedings stayed pending the determination of the same issues in the lead case;
b
the extent to which the determination of the same issues in the lead case is binding on any subsequent proceedings; and
c
any further directions required as a result of an application under paragraph (5), including a direction as to any further hearing required in relation to those proceedings.
8
Where a direction has been made for any proceedings to be heard as a lead case and those proceedings are withdrawn or discontinued either before or during the hearing, the President may direct —
a
that one of the remaining same issues proceedings be substituted as the lead case; and
b
the extent to which any directions made prior to substitution shall be binding in relation to the substituted proceedings.
9
The Secretary must send notice of the directions to be made under paragraphs (1) and (2), a copy of the directions made under paragraphs (1), (2), (4), (5), (7) and (8) and the determination of the same issues in the lead case to all the parties to the same issues proceedings.
Joining of parties to proceedings
10B
If it appears to the President or the Chairman, whether on the application of a party or otherwise, that it is desirable that any person other than the respondent be made a party to any proceedings, he or she may direct that such person be joined as a party in the proceedings and may make such further directions for giving effect to, or in connection with, the direction as he or she thinks fit.
.
27
In rule 19(3) (procedure at hearings) ignore “when taking the referred action”.
Tony Cunningham
Bob Blizzard
Two of the Lords Commissioners of Her Majesty’s Treasury
7th July 2009


text:
Citation and commencement
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) Order 2009 and shall come into force on 1st May 2009.
Revocation of 2005 Order
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) Order 2005 is revoked.
Amendment of 1986 Order
3
In the Child Abduction and Custody (Parties to Conventions) Order 1986 , for Schedules 1 and 2 there are substituted Schedules 1 and 2 set out in the Schedule to this Order.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Exercise of Functions by Local Councillors (Written Records) Regulations 2009 and shall come into force on 1st April 2009.
Written records
2
Where a member of a local authority discharges any function of the authority by virtue of arrangements made under section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England) , that member must —
a
ensure that a record is made in writing of any decision made or action taken in connection with the discharge of that function; and
b
within one month of the date on which the decision is made, or action taken, provide the record to the authority.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
23rd February 2009


text:
1
This Order may be cited as the Matthew Boulton College of Further and Higher Education, Birmingham (Dissolution) Order 2009 and comes into force on 1st August 2009.
2
On 1st August 2009 the corporation is to be dissolved and all of its property, rights and liabilities are to be transferred to Sutton Coldfield College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st August 2009 as if the reference in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 2009;
c
to the transferor were to the corporation; and
d
to the corporation were to Sutton Coldfield College.
Kevin Brennan
Minister of State
Department for Business, Innovation and Skills
21st June 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2009 and comes into force on 12th October 2009.
2
In this Order —
“ the Act ” means the Safeguarding Vulnerable Groups Act 2006;
“relative” has the same meaning as in section 105(1) of the Children Act 1989 .
Vulnerable adults
2
1
A person (P) who falls within section 59(9)(b) of the Act is not to be treated as a vulnerable adult for the purposes of section 59(1)(h) of the Act where —
a
P has one or more of the disabilities mentioned in paragraph (2),
b
P has no other form of disability, and
c
P receives a service or participates in an activity provided specifically for persons with a disability mentioned in paragraph (2).
2
The disabilities referred to in paragraph (1) are —
a
dyslexia;
b
dyscalculia;
c
dyspraxia;
d
Irlen syndrome;
e
alexia;
f
auditory processing disorder;
g
dysgraphia.
Exceptions - regulated activity relating to children
3
1
The provision of any form of treatment for a child is not to be treated as a regulated activity relating to children where —
a
a person (P) who is engaged in any activity,
b
provides treatment to a child, and
c
the provision of treatment is not one of the main purposes of the activity in which P is engaged.
2
The fostering of a child (C) is not to be treated as a regulated activity where —
a
a person (F) is included in the children’s barred list,
b
C is being looked after by a local authority within the meaning of section 22 of the Children Act 1989,
c
the local authority that looks after C is satisfied that C’s welfare requires that C is fostered by F, and
d
either —
i
F or a member of F’s household is a relative of C, or
ii
C was being fostered by F immediately before F was included in the children’s barred list.
Exception – regulated activity relating to vulnerable adults
4
The provision of any form of treatment for a vulnerable adult is not to be treated as a regulated activity relating to vulnerable adults where —
a
a person (P) who is engaged in any activity,
b
provides treatment to a vulnerable adult, and
c
the provision of treatment is not one of the main purposes of the activity in which P is engaged.
Barred Lists
5
For the purposes of —
a
section 3(2)(b) of the Act, the list maintained under Article 6(1)(a) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 is specified as a list corresponding with the children’s barred list;
b
section 3(3)(b) of the Act, the list maintained under Article 6(1)(b) of that Order is specified as a list corresponding with the adults’ barred list.
Welsh Ministers - functions under the Children Act 1989
6
In section 45(7) of the Act, after paragraph (e) insert —
ea
the Welsh Ministers in the exercise of their functions under Part 10A, Part 11 or Part 12 of the Children Act 1989;
.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
3rd July 2009


text:
Citation and commencement
1
This Order may be cited as the Northern Ireland Act 1998 (Modification) Order 2009 and comes into force on 20th May 2009.
Modification of the Northern Ireland Act 1998
2
In section 87(6) of the Northern Ireland Act 1998 at the end add —
v
the Child Maintenance and Other Payments Act 2008 , the Mesothelioma, etc. , Act (Northern Ireland) 2008 , and the Child Maintenance Act (Northern Ireland) 2008 ;
w
the Pensions Act 2008 and the Pensions ( No. 2) Act (Northern Ireland) 2008 .
.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Legal Services Act 2007 (Commencement No. 6, Transitory, Transitional and Saving Provisions) Order 2009.
2
This Order comes into force on 1st January 2010.
3
In this Order —
a
“the 1974 Act ” means the Solicitors Act 1974 ;
b
“the 1990 Act ” means the Courts and Legal Services Act 1990 ;
c
“the 1999 Act ” means the Access to Justice Act 1999 ;
d
“the 2007 Act ” means the Legal Services Act 2007; and
e
a reference to a section, Schedule or paragraph of a Schedule by number alone is a reference to that section, Schedule or paragraph in the 2007 Act.
Commencement of provisions
2
The following provisions of the 2007 Act, to the extent that they are not already in force, come into force on 1st January 2010 —
a
in Part 2 (the Legal Services Board), section 4;
b
in Part 3 (Reserved legal activities)–
i
sections 12 to 17, 18(1)(a) subject to article 3, 19, 20, 21 except for subsection (1)(j), 22 to 24, 25 in so far as it does not relate to Schedule 10 and subject to article 3, and 26, and
ii
Schedules 2 (The reserved legal activities), 3 (Exempt persons), 4 (Approved regulators) except for paragraph 19(2)(f), 5 (Authorised persons) subject to article 4 and 6 (Alteration of reserved legal activities);
c
in Part 4 (Regulation of approved regulators)–
i
sections 28, 31, 32, 34 to 48, 51, 52 to 63, 64(1), (2), (4), (5) subject to article 3 and (6) and 65 to 68, and
ii
Schedules 7 (Directions: procedure), 8 (Intervention directions: procedure) and 9 (Cancellation of designation as approved regulator);
d
in Part 6 (Legal complaints), sections 151 and 152 for the purpose only of enabling the Lord Chancellor to make orders under section 152(3)(g) and 152(5);
e
in Part 7 (Further provisions relating to the Board and the OLC), sections 163, 167 to 169 subject to article 3, 170, 171 subject to article 3, 173, 174 and 175(1)(a), (b), (d), (j) and (l) and (2)(a) and (b);
f
in Part 8 (Miscellaneous provisions about lawyers etc )–
i
sections 176(1) and (2), 178, 179, 181, 183 to 185 and 188 to 190, 192 and 193,
ii
in Schedule 16 (The Law Society, solicitors, recognised bodies and foreign lawyers), paragraphs 2(a) and (c), 4(a) and (c), 24 and 25, 26 subject to article 5, 27 subject to article 5, 28 subject to article 5, 29, 31(2)(b), (3) and (4), 32(2)(b), 34(2)(b), 38(a), 54(8) and (9)(a), 55, 56(a) and (b), 57, 58, 59(a) and (b)(i) and (ii), 60, 61, 62(a) to (c), 63, 64(2), 65 to 69, 73 subject to article 9, 75(c) in so far as it omits “duly certificated notary public”, 76, 112(b), 113(a) and (b)(i) and (ii), 128(b) and (e)(i) and 137, and
iii
in Schedule 17 (Licensed conveyancing), paragraphs 2, 3, 10, 23, 27, 30, 34 and 35(2) to (4) and (6);
g
in Part 9 (General), sections 197 to 199, 207 and 213;
h
Schedule 21 (Minor and consequential amendments) wholly, save that paragraphs 84(f), 88 and 100(a) and (f) are subject to article 6 and paragraph 96 is subject to article 9; and
i
in Schedule 23 (Repeals) —
i
the entries relating to the Public Notaries Act 1801 , the Public Notaries Act 1843 , the Commissioners for Oaths Act 1889 , the Children and Young Persons Act 1933 and the Poisons Act 1972 ;
ii
the entries relating to the following provisions of the 1974 Act —
aa
section 1A(b);
bb
section 2(1), (4) and (5);
cc
section 19;
dd
sections 22 to 23;
ee
section 26;
ff
section 27;
gg
section 31(1), (3) and (4);
hh
section 33A(1);
ii
section 46(9);
jj
section 70(11);
kk
sections 81 and 81A subject to article 9;
ll
section 89(7);
mm
in Schedule 3, paragraph 9;
iii
the entries relating to the Race Relations Act 1976 , the Patents Act 1977 , the Mental Health Act 1983 , the County Courts Act 1984 and the Prosecution of Offences Act 1985 ;
iv
the entries relating to the following provisions of the Administration of Justice Act 1985 —
aa
section 4;
bb
sections 6 and 7;
cc
section 11(4);
dd
section 12(2);
ee
section 20(1);
ff
section 22(3)(a);
gg
section 38(1);
hh
in Schedule 1, paragraphs 5, 8(3), 9 and 14;
ii
in Schedule 4, paragraph 1(3) and (4);
jj
in Schedule 6, paragraph 9(2);
kk
in Schedule 9, paragraphs 4 and 6;
v
the entries relating to the Insolvency Act 1985 , the Social Security Act 1986 and the Building Societies Act 1986 ;
vi
the entry relating to section 292 of the Copyright, Designs and Patents Act 1988 ;
vii
the entry relating to the Law of Property (Miscellaneous Provisions) Act 1989 ;
viii
the entries relating to the following provisions of the 1990 Act —
aa
sections 17, 18 and 18A;
bb
sections 27 to 29 subject to article 6;
cc
sections 31 and 31A;
dd
section 53(5), 54 and section 55 subject to article 6;
ee
sections 68 to 70;
ff
section 73(5)(d);
gg
sections 86 to 88;
hh
section 90;
ii
section 93;
jj
section 96;
kk
section 113 subject to article 9;
ll
section 119(1);
mm
section 120(5);
nn
Schedule 4 subject to article 6;
oo
in Schedule 8, paragraph 7;
pp
Schedule 9 subject to article 6;
qq
in Schedule 10, paragraph 64;
rr
in Schedule 17, paragraphs 4, 8, 10 and 20;
ss
in Schedule 18, paragraphs 9 to 12, 18, 20 and 56;
ix
the entries relating to the Environmental Protection Act 1990 , the Friendly Societies Act 1992 , the Trade Union and Labour Relations (Consolidation) Act 1992 , the Statute Law (Repeals) Act 1993 , the Trade Marks Act 1994 , the Agricultural Tenancies Act 1995 , the Environment Act 1995 , the Bank of England Act 1998 and the National Minimum Wage Act 1999 ;
x
the entries relating to the following provisions of the 1999 Act —
aa
sections 35(2) to (4), 36, 37 and 40 to 42;
bb
section 44(1);
cc
section 46(2)(b) and (3) to (6);
dd
section 47;
ee
in Schedule 4, paragraph 46;
ff
Schedule 5;
gg
in Schedule 6, paragraphs 1 to 3, 5 to 8 and 11;
hh
in Schedule 7, paragraphs 7(2)(a) and 10 to 12;
ii
in Schedule 14, paragraph 14;
xi
the entries relating to the following provisions of the Immigration and Asylum Act 1999 —
aa
section 86(1)(a), (d) and (e), (5)(a) and (6)(a);
bb
in Schedule 5, paragraphs 3(6)(b) and 4(2)(b), (3)(a) and (4)(a);
xii
the entries relating to the Trustee Act 2000 , the Enterprise Act 2002 , the Pensions Act 2004 , the Constitutional Reform Act 2005 , the Mental Capacity Act 2005 , the Serious Organised Crime and Police Act 2005 , the Natural Environment and Rural Communities Act 2006 , the Compensation Act 2006 , the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 ;
j
Schedule 24 (Index of defined expressions).
Transitory and transitional provisions
3
1
Until section 18(2) comes into force, section 18(1)(a) is to be read as if the words “(other than by virtue of a licence under Part 5), or” were omitted.
2
Until section 73 comes into force —
a
section 25(3)(a) is to be read as if sub-paragraph (ii) were omitted;
b
section 25(3)(b) is to be read as if the words “, or by the Board in its capacity as a licensing authority,” were omitted;
c
the definition of “relevant authorised person” in section 64(5) is to have effect as if the words “(other than by the grant of a licence under Part 5)” were omitted;
d
section 167(2)(a) is to be read as if the words “or a licensing authority” were omitted;
e
section 167(2)(b) is to be read as if the words “or section 73” were omitted;
f
sections 168(2) and 169(1) are to be read as if the words “, a licensing authority” were omitted; and
g
section 171 is to be read as if the words “or licensing authority” were omitted.
4
Until 1st April 2010, paragraph 4 of Schedule 5 has effect as if the following sub-paragraph were inserted after paragraph 4(4) —
5
For the purposes of this paragraph, a barrister will be deemed to have in force a practising certificate issued by the General Council of the Bar if the only reason that a practising certificate has not been issued is that the barrister has not paid the prescribed practising certificate fee.
.
5
Notwithstanding the repeal of sections 22 and 23 of the 1974 Act, those sections and the references to those sections in sections 24 and 26 of that Act will continue to have effect where the offence was committed before 1st January 2010 .
6
1
Where, at the date this Order comes into force, the Secretary of State is in receipt of an application made under any of the following provisions, that application will continue to be treated, and any question of interpretation or as to consideration of that application will be determined, as if the 2007 Act had not been passed —
a
section 55 of the 1990 Act;
b
paragraph 1(1) of Schedule 4 to the 1990 Act;
c
paragraph 9(1) of Schedule 4 to the 1990 Act.
2
Where, at the date this Order comes into force, the Secretary of State —
a
is considering giving notice to a body under paragraph 17(1) of Schedule 4 to the 1990 Act;
b
is considering recommending a revocation of designation under paragraph 25(1) of Schedule 4 to the 1990 Act; or
c
is considering making an order under paragraph 6(1) of Schedule 9 to the 1990 Act,
that matter will be treated, and any question of interpretation or as to consideration of that matter will be determined, as if the 2007 Act had not been passed.
3
Paragraphs (1) and (2) are subject to paragraph (4).
4
Paragraphs (1) and (2) do not apply in a case where, before the date this Order comes into force —
a
i
the Secretary of State has sought the advice of the Legal Services Consultative Panel, and
ii
the Legal Services Consultative Panel has not yet completed its consideration; or
b
the Secretary of State has decided that the advice of the Legal Services Consultative Panel is required but has not yet sought that advice.
Modification of provisions relating to the office of the Legal Services Ombudsman
7
1
Until section 159 of the 2007 Act comes into force in so far as it relates to the office of the Legal Services Ombudsman, the following provisions of the 1990 Act have effect as modified by this article.
2
For section 21(5) substitute —
5
The Legal Services Ombudsman must not be an authorised person within the meaning of section 18(1)(a) of the Legal Services Act 2007.
.
3
For section 22(1) substitute —
1
Subject to the provisions of this Act, the Legal Services Ombudsman may investigate any allegation which is properly made to him and which relates to the manner in which a complaint made to an approved regulator with respect to —
a
a person who is or was authorised to carry on a reserved legal activity by that approved regulator,
b
any employee of such a person, or
c
if the person is a body, any manager of such a person,
has been dealt with by that approved regulator.
.
4
In sections 22(4)(c), (5)(a), (6)(a) and (b) and 23(1)(d), (2)(a), (b), (d) and (e) and (2A) and paragraph 7(1) of Schedule 3 for “professional body” substitute “approved regulator”.
5
In section 22(8)(b) for “a professional body” substitute “an approved regulator”.
6
In sections 22(5)(b) and 23(2)(d) for “that body” substitute “that regulator”.
7
In section 22(11) —
a
for “In this section” substitute “In this Act”;
b
omit the definition of “professional body”;
c
before the definition of “recognised body” insert —
“approved regulator” means a body which —
is designated as an approved regulator by Part 1 of Schedule 4 to the Legal Services Act 2007 (with the exception of the Master of the Faculties); or
falls within the definition of “approved regulator” in section 20 of the Legal Services Act 2007 and is specified in an order made by the Secretary of State for the purpose of this subsection;
;
d
after the definition of “recognised body” insert —
“reserved legal activity” has the meaning given in section 12 of, and Schedule 2 to, the Legal Services Act 2007; and
.
8
In section 23(2A) for “or body” (in both places) substitute “or regulator”.
9
In section 23(11) —
a
for paragraph (a)(ii) substitute —
ii
is an authorised person within the meaning of section 18(1)(a) of the Legal Services Act 2007;
;
b
in paragraph (c) after “an officer” insert “or manager”.
10
In section 24(1) —
a
for “any professional body” substitute “any approved regulator”;
b
for “that body” substitute “that regulator”;
c
for “that body’s” substitute “that regulator’s”.
11
In section 24(2) for “any professional body” substitute “any approved regulator”.
Modification of provisions relating to the office of the Legal Services Complaints Commissioner
8
1
Until section 159 of the 2007 Act comes into force in so far as it relates to the office of the Legal Services Complaints Commissioner, the following provisions of the 1999 Act have effect as modified by this article.
2
For section 51(4) substitute —
4
The Commissioner must not be an authorised person within the meaning of section 18(1)(a) of the Legal Services Act 2007.
.
3
In section 52(1) —
a
for “members of any professional body” substitute “persons regulated by an approved regulator”;
b
for “the body” substitute “the regulator”.
4
In section 52(2)(a) and (e) —
a
for “a professional body” substitute “an approved regulator”;
b
for “its members” substitute “persons regulated by that regulator”.
5
In section 52(2)(b), (c), and (d) for “the members of a professional body” substitute “the persons regulated by that regulator”.
6
In section 52(3) —
a
for “a professional body” substitute “an approved regulator”;
b
for “its members” substitute “persons regulated by that regulator”;
c
for “the body” in each place in which it appears substitute “the regulator”.
7
In section 52(4) for “a professional body” substitute “an approved regulator”.
8
In section 52(6) —
a
for “a professional body” substitute “an approved regulator”;
b
for “members of the body” substitute “persons regulated by the regulator”;
c
for “the body” substitute “the regulator”;
d
for “its members” substitute “persons regulated by that regulator” .
9
In section 52(8) —
a
for “a professional body” substitute “an approved regulator”;
b
for “the body” substitute “the regulator”.
10
In section 52(10) and paragraph 7(1) of Schedule 8, for the words “professional body” in each place in which they appear substitute “approved regulator”.
Savings
9
Any instrument made under section 81A of the 1974 Act or section 113 of the 1990 Act that is in force immediately before the day on which this Order comes into force continues in force, and any question as to its application or interpretation shall be determined, as if the 2007 Act had not been passed.
Revocations
10
The instruments listed in the Schedule to this Order are revoked.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
8th December 2009


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the European Parliamentary Elections (Amendment) Regulations 2009.
2
These Regulations shall come into force on the day after the day on which they are made.
3
These Regulations extend to England, Wales, Scotland and Gibraltar.
Interpretation
2
Unless the context otherwise requires, in these Regulations and in any provision applied by these Regulations —
“the 2004 Regulations ” means the European Parliamentary Elections Regulations 2004 ;
and
a reference to a numbered regulation or to a Schedule means the regulation or Schedule so numbered in the 2004 Regulations.
Amendments to the 2004 Regulations
3
For paragraph (1) of regulation 2 (interpretation) substitute the following paragraph —
1
Unless the context otherwise requires, in these Regulations —
“ 1983 Act ” means the Representation of the People Act 1983 ;
“ 1985 Act ” means the Representation of the People Act 1985 ;
“ 1986 (Scotland) Regulations ” means the Representation of the People (Scotland) Regulations 1986 ;
“ 2000 Act ” means the Political Parties, Elections and Referendums Act 2000 ;
“ 2001 Franchise Regulations ” means the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 ;
“ 2001 Regulations ” means the Representation of the People (England and Wales) Regulations 2001 ;
“ 2001 (Scotland) Regulations ” means the Representation of the People (Scotland) Regulations 2001 ;
“ 2002 Act ” means the European Parliamentary Elections Act 2002;
“ 2003 Act ” means the European Parliament (Representation) Act 2003;
“ 2004 Act ” means the European Parliamentary Elections Act 2004 passed by the Gibraltar Parliament ;
“ 2006 Act “ means the Electoral Administration Act 2006 ;
“anonymous entry” in relation to a register of electors, other than the Gibraltar
register, is to be construed in accordance with section 9B of the 1983 Act and
“the record of anonymous entries” means the record prepared in pursuance of
regulations made under paragraph 8A of Schedule 2 to the 1983 Act ; and in
relation to the Gibraltar register “anonymous entry” and “the record of
anonymous entries” are to be construed in accordance with the equivalent
provisions forming part of the law of Gibraltar;
“bank or public holiday” in relation to Gibraltar means a day which is a bank or public holiday under the Banking and Financial Dealings Act and the Interpretation and General Clauses Act ;
“citizen of the Union” is to be construed in accordance with Article 8 of the Treaty establishing the European Community , and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland;
“the City” means the City of London;
“ Combination of Polls Regulations ” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 ;
“Common Council” means the Common Council of the City;
“completed corresponding number list” means a list prepared under rule 23 of the European Parliamentary elections rules including the parts which are completed in accordance with rules 32(3)(d) and 41(1)(b) of those rules or paragraph 48(1) of Schedule 2;
“disability”, in relation to doing a thing, includes a short term inability to do it;
“dwelling” includes any part of a building where that part is occupied separately as a dwelling;
“election” means a European Parliamentary election;
“elector”, in relation to an election, means any person who has for the time being an entry in a register of electors, but does not include those shown in such a register (or, in the case of a person with an anonymous entry in the register, in the record of anonymous entries) as below voting age on the day fixed for the poll;
“European Parliamentary elections rules” means the rules in Schedule 1 to these Regulations;
“European Parliamentary election petition” means a petition presented in pursuance of Part 4 of these Regulations;
“European Parliamentary overseas elector” means a person falling within section 8(4) of the 2002 Act;
“European Parliamentary overseas elector’s declaration” means a declaration made in pursuance of regulations made under section 3 of the 1985 Act ;
“Gibraltar elector”, in relation to an election, means any person who has for the time being an entry in the Gibraltar register, but does not include those shown in such a register as below voting age on the day fixed for the poll;
“legal incapacity” includes (in addition to any incapacity by virtue of any subsisting provision of the common law) any disqualification imposed by these Regulations or by any Act;
“legal process” means a claim form, application, notice, writ, summons or other process;
“list” means a list of candidates submitted by a registered party to accompany its nomination for election;
“local counting area” means any of the following —
a parliamentary constituency wholly or partly comprised in an electoral region in England, or in Wales, or
a local government area in Scotland, or
Gibraltar;
“the list of proxies” has, in relation to any election, the meaning given by paragraph 5(3) of Schedule 2 to these Regulations;
“mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 ;
“marked register” is the copy of a register of electors marked in accordance with rule 41(1)(c) of the European Parliamentary elections rules;
“marked copy of the postal voters list or the proxy postal voters list” is the copy of that list marked as mentioned in paragraph 60 of Schedule 2 to these Regulations for the purposes of rule 35 of the European Parliamentary elections rules;
“national election agent” means the person appointed under regulation 33;
“nominating officer” means the person registered under the 2000 Act as the officer with responsibility for the matters referred to in section 24(3) of that Act in respect of a registered party;
“overseas elector” means a person falling within section 8(2)(b) of the 2002 Act or in relation to Gibraltar, a person falling within section 16(2) of the 2003 Act;
“overseas elector’s declaration” has the meaning given by section 2 of the 1985 Act or, in relation to Gibraltar, paragraph 15 of Schedule 4 to these Regulations;
“postal voters list” means the list of persons kept in pursuance of paragraph 5(2) of Schedule 2 to these Regulations (persons whose applications to vote by post have been granted);
“the proxy postal voters list” means the list of persons kept in pursuance of paragraph 7(8) of Schedule 2 to these Regulations (persons whose applications to vote by post as proxy have been granted);
“proper officer” in England and Wales means a proper officer within the meaning of section 270(3) and (4) of the Local Government Act 1972 , or in Scotland, section 235(3) of the Local Government etc. (Scotland) Act 1973 ;
“referendum” means a referendum conducted under the Local Authorities (Conduct of Referendums) (England) Regulations 2007 ;
“register of electors” means any part of —
a register of parliamentary or, in the case of peers, local government electors,
a register under section 3 of the 1985 Act,
a register under regulation 5 of the 2001 Franchise Regulations, and
the Gibraltar register ,
in force within an electoral region at the time of a European Parliamentary election in that region;
“registered party “ means a party registered under Part 2 of the 2000 Act;
“registration officer” means an officer appointed under section 8 of the 1983 Act or, in relation to Gibraltar, the European electoral registration officer for Gibraltar ;
“relevant registration officer” (except where otherwise provided) means —
the registration officer of the local authority in whose area the election is held; or
if the local counting area comprises any part of the area of more than one local authority, the registration officer of the local authority in whose area the greater or greatest (as the case may be) number of electors are registered to vote at European Parliamentary elections; or
in relation to the City of London, the registration officer for the London borough of Westminster; or
in relation to the Scottish electoral region, the returning officer designated under section 6(3) of the 2002 Act; or
the European electoral registration officer for Gibraltar as regards documents issued for use in Gibraltar;
“service voter” means a person who has made a service declaration and is registered or entitled to be registered in pursuance of it;
“sub-agent” has the meaning given by regulation 35(1) in relation to registered parties under Part 2 of the 2000 Act or regulation 39(1) in relation to individual candidates;
“universal postal service provider” means a universal service provider within the meaning of the Postal Services Act 2000 and, in relation to Gibraltar, such person or persons with the right to exercise the functions of a universal service provider within the meaning of Council Directive No. 97/67/ EC ; and
“voter” means a person voting at an election and includes a person voting as proxy and, except in the European Parliamentary elections rules, a person voting by proxy; and
“vote” (whether noun or verb) is to be construed accordingly, except that in those rules any reference to an elector voting or an elector’s vote is to include a reference to an elector voting by proxy or an elector’s vote given by proxy.
4
In regulation 4 (general application to Scotland) omit paragraph (6).
5
1
In regulation 5 (general application to Gibraltar) for “Ordinance” (wherever it appears) substitute “Act” .
2
After paragraph (5) insert —
6
Any reference to a “civil partner” (wherever it appears) is omitted.
7
Any reference to section 13B(3B), 13B(3C) or 13B(3D) of the 1983 Act is to be construed as a reference to the equivalent provision forming part of the law of Gibraltar.
6
1
In regulation 6 (conduct of the poll and count in each local counting area), in paragraph (2) omit the words “or the returning officer in Scotland”.
2
After paragraph (2) insert —
2A
The local returning officer for the local counting area listed in column 1 of the table in Schedule A1 shall be the person who is the returning officer for the parliamentary constituency listed in column 2 of that table.
7
Before Schedule 1 to the 2004 Regulations insert Schedule A1 comprising Schedule 1 to these Regulations.
8
In regulation 8 (polling districts and places), in paragraph (4) for “House of Assembly elections” substitute “elections to the Gibraltar Parliament” .
9
In regulation 9 (rules for European Parliamentary elections and general duty of returning officers and local returning officers), after paragraph 4 insert —
4A
A returning officer or a local returning officer for a European Parliamentary election may take such steps as he thinks appropriate to remedy any act or omission on his part, or on the part of a relevant person, which —
a
arises in connection with any function the returning officer or local returning officer or relevant person has in relation to the election, and
b
is not in accordance with the European Parliamentary elections rules or other requirements applicable to the election.
4B
A returning officer or local returning officer may not under paragraph (4A) re-count the votes given at an election after the result has been declared.
4C
These are the relevant persons —
a
a registration officer;
b
a presiding officer;
c
a person providing goods or services to the returning officer or local returning officer;
d
a deputy of any person mentioned in sub-paragraphs (a) to (c) or a person appointed to assist, or in the course of his employment assisting, such a person in connection with any function he has in relation to the European Parliamentary election.
4D
A returning officer or local returning officer for a European Parliamentary election must take such steps as he thinks appropriate to encourage the participation by electors in the electoral process in the area or region for which he acts.
4E
A returning officer or local returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of paragraph (4D) of this Regulation.
10
Omit regulation 13 (modification of the 2003 Act and these Regulations for 2004 elections in relation to citizens of Accession States).
11
In regulation 15 (payments by and to returning officers and local returning officers) —
a
for paragraphs (1) to (4) substitute —
1
A returning officer or a local returning officer may recover his charges in respect of services rendered, or expenses incurred, for or in connection with a European Parliamentary election if —
a
the services were necessarily rendered, or the expenses were necessarily incurred, for the efficient and effective conduct of the election; and
b
the total of his charges does not exceed the amount (“the overall maximum recoverable amount”) specified in, or determined in accordance with, an order made by the Secretary of State.
2
An order under paragraph (1) may specify, or make provision for determining in accordance with the order, a maximum recoverable amount for services or expenses of any specified description and, subject to paragraph (3), the returning officer or local returning officer may not recover more than that amount in respect of any such services or expenses.
3
The Secretary of State may, in a particular case, authorise the payment of —
a
more than the overall recoverable amount, or
b
more than the specified maximum recoverable amount for any specified services or expenses,
if he is satisfied that the conditions in paragraph (4) are met.
4
The conditions referred to in paragraph (3) are —
a
that it was reasonable for the returning officer concerned to render the services or incur the expenses; and
b
that the charges in question are reasonable.
; and
b
in paragraph (10) for “paragraphs (1) and (2)” substitute “paragraph (1)”.
12
1
Regulation 17 (effect of registers) is to be amended as follows.
2
After paragraph (1) insert —
1A
Paragraph (1) applies to an entry in the record of anonymous entries as it applies to an entry in the register of electors.
13
In regulation 19 (discharge of registration duties), in paragraph (4)(a) for “Clerk to the House of Assembly for Gibraltar” substitute “Clerk of the Gibraltar Parliament”.
14
In regulation 21 (registration appeals: England and Wales) for paragraph (1) substitute —
1
Subject to paragraph (2), an appeal lies to the county court from any decision under these Regulations of the registration officer —
a
disallowing a person’s application to vote by post or proxy as elector or to vote by post as proxy, or
b
to remove a person’s entry from the lists of postal voters or of proxy postal voters,
in any case where the application or entry is not related to a particular election only.
15
In regulation 24 (other voting offences), after paragraph (7) insert —
7A
A person is not guilty of an offence under paragraph (3)(b) or (4)(b) only by reason of his having marked a tendered ballot paper in pursuance of rule 44(4) or 44(6) of the European Parliamentary elections rules.
16
1
Regulation 25 (breach of official duty) is to be amended as follows.
2
In paragraph (3), after sub-paragraph (b) omit “and” and insert —
ba
a CORE keeper (within the meaning of Part 1 of the 2006 Act),
bb
any other person whose duty it is to be responsible after a European Parliamentary election for the used ballot papers and other documents (including returns and declarations as to expenses), and
.
3
In sub-paragraph (3)(c) for “(a) to (b)” substitute “(a), (b) and (bb)”.
4
After paragraph (3) insert —
4
Where —
a
a local returning officer to whom regulation 9 applies is guilty of an act or omission in breach of his official duty, but
b
remedies that act or omission in full by taking steps under paragraph (4A) of that regulation,
he shall not be guilty of an offence under paragraph (1) of this regulation.
5
Paragraph (4) does not affect any conviction which takes place, or any penalty which is imposed, before the date on which the act or omission is remedied in full.
17
In regulation 26(1)(b) (tampering with nomination papers, ballot papers, etc ) for “declaration of identity” substitute “postal voting statement”.
18
In regulation 28 (offences in connection with candidature), after paragraph (2) insert —
3
An individual candidate or a candidate being nominated in a list submitted by a registered party at a European Parliamentary election is guilty of a corrupt practice if, in any document in which he gives his consent to his nomination in accordance with rule 8 of the European Parliamentary elections rules, he makes —
a
a statement of his date of birth, or
b
a statement as to his qualification for being elected at that election,
which he knows to be false in any particular.
4
For the purposes of paragraph (3), a statement as to a candidate’s qualification is a statement —
a
that he is qualified for being elected,
b
that he will be qualified for being elected, or
c
that to the best of his knowledge and belief he is not disqualified for being elected
.
19
1
Regulation 29 (requirement of secrecy) is to be amended as follows.
2
For sub-paragraph (c) of paragraph (1) substitute —
c
every person so attending by virtue of any of sections 6A to 6D of the 2000 Act ,
3
After each occurrence of the word “number” in paragraphs (2)(a), (4)(c), (5)(b) and (c) and (6) of that regulation, insert “or other unique identifying mark”.
20
In paragraph (1) of regulation 31 (interpretation of Part 2), in the definition of “election expenses” for “regulations 60 to 62” substitute “regulations 60 and 62”.
21
In paragraph (2) of regulation 32 (computation of time for purposes of Part 2), omit the words “Maundy Thursday,”.
22
1
In regulation 36 (office of agents of registered parties) —
a
in paragraph (1), for “writs, summonses and” substitute “legal process and other”; and
b
in paragraph (4), for “writs, summons or” substitute “legal process or other”.
23
In regulation 43 (payment of expenses of individual candidates through election agent), in paragraph (5)(d) for “regulation 60(5)(b)” substitute “regulation 60(5)”.
24
In regulation 45 (expenses of individual candidate incurred otherwise than for elections purposes) —
a
in paragraph (2) omit the words in parenthesis “(determined in accordance with regulation 61)”; and
b
in paragraph (3) for the words “regulations 60 to 62” substitute the words “regulations 60 and 62”.
25
1
Regulation 46 (prohibition of expenses of individual candidate not authorised by election agent) is to be amended as follows.
2
For paragraphs (1) and (2) substitute —
1
No expenses shall, with a view to promoting or procuring the election of an individual candidate at an election, be incurred after he becomes a candidate by any person other than the candidate, his election agent and persons authorised in writing by the election agent on account —
a
of holding public meetings or organising any public display; or
b
of issuing advertisements, circulars or publications; or
c
of otherwise representing to the electors that candidate or his views or the extent or nature of his backing or disparaging a registered party or its candidates or an independent candidate.
1A
Sub-paragraph (c) of paragraph (1) does not restrict the publication of any matter relating to the election in —
a
a newspaper or other periodical,
b
a broadcast made by the British Broadcasting Corporation, the Gibraltar Broadcasting Corporation, or by Sianel Pedwar Cymru, or
c
a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996 .
1B
Paragraph (1) does not apply to any expenses incurred by any person —
a
which do not exceed in the aggregate the permitted sum (and are not incurred by that person as part of a concerted plan of action), or
b
in travelling or living away from home or similar personal expenses.
2
For the purposes of paragraph (1B), the “permitted sum” means £5,000; and expenses must be regarded as incurred by a person “as part of a concerted plan of action” if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view to promoting or procuring the election of the same candidate, expenses which (disregarding paragraph (1B)(a)) fall within paragraph (1).
2A
For the purposes of paragraph (1), expenditure incurred before or on the date when a person becomes an individual candidate or a candidate included in the list of candidates submitted by a registered party at the election, is to be treated as having been incurred after that date if it is incurred in connection with any thing which is used or takes place after that date.
26
In regulation 51 (return as to election expenses: individual candidates) in sub-paragraph (3)(e) for “regulation 60(5)(b)” substitute “regulation 60(5)”.
27
For regulations 60 (meaning of “election expenses”) and 61 (incurring election expenses for the purposes of regulation 60) substitute the following —
Meaning of “election expenses”
60
1
In this Part of these Regulations “election expenses” in relation to a candidate at an election means (subject to paragraph (2) and regulation 62) any expenses incurred at any time in respect of any matter specified in Part 1 of Schedule 7A which is used for the purposes of the candidate’s election after the date when he becomes a candidate at the election.
2
No election expenses are to be regarded as incurred by virtue of paragraph (1) or regulation 62 in respect of any matter specified in Part 2 of Schedule 7A.
3
In this regulation and regulation 62 “for the purposes of the candidate’s election” means with a view to, or otherwise in connection with, promoting or procuring the candidate’s election at the election.
4
For the purposes of this Part of these Regulations and in Schedule 7A, election expenses are incurred by or on behalf of a candidate at an election if they are incurred —
a
by the candidate or his election agent, or
b
by any person authorised in writing by the candidate or his election agent to incur expenses.
5
In this Part of these Regulations and in Schedule 7A, any reference to election expenses incurred by or on behalf of a candidate at an election includes expenses —
a
which are incurred as mentioned in paragraph (1) before the date when he becomes a candidate at the election, but
b
which by virtue of that paragraph fall to be regarded as election expenses.
6
In this Part of these Regulations and in Part 4 and in Schedule 7A, any reference (in whatever terms) to promoting or procuring a candidate’s election at an election includes doing so by prejudicing the electoral prospects of another candidate at the election.
61
Schedule 7A, which makes provision for election expenses, has effect.
28
In regulation 62 (property, goods, services etc provided free of charge or at a discount) paragraph (2) is to be amended by substituting for “regulation 60(3)” a reference to “Part 2 of Schedule 7A to these Regulations”.
29
1
Regulation 63 (candidate’s right to send election address post free) is to be amended as follows.
2
After paragraph (2) insert —
2A
The individual candidate and the nominating officer of a registered party which are included in the statement of parties and individual candidates nominated for the election or a person authorised in writing by that officer may also require the local returning officer to make arrangements with the universal postal service provider for communications under paragraph (1)(b) to be sent to persons who have anonymous entries in the register.
2B
Arrangements under paragraph (2A) must be such as to ensure that it is not disclosed to any other person that the addressee of such a communication has an anonymous entry.
3
In sub-paragraph (b) of paragraph (5) for the words beginning with “as below voting age” to the end of that sub-paragraph substitute “(or, in the case of a person who has an anonymous entry in the register, in the record of anonymous entries) as below voting age if (but only if) it appears from the register (or from the record) that he will be of voting age on the day fixed for the poll.”.
30
In regulation 65 (broadcasting of local items during election period), in paragraph (4) after “the British Broadcasting Corporation” insert “, the Gibraltar Broadcasting Corporation”.
31
For regulation 74 (details to appear on election publications) substitute the following —
Details to appear on election publications
74
1
This regulation applies to any material which can reasonably be regarded as intended to promote or procure the election of a candidate at an election (whether or not it can be so regarded as intended to achieve any other purpose as well).
2
No material to which this regulation applies is to be published unless in the case of material which is, or is contained in, such a printed document as is mentioned in paragraph (4), (5) or (6), the requirements of that paragraph are complied with.
3
For the purposes of paragraphs (4) to (6), the following details are “the relevant details” in the case of any material falling within paragraph (2), namely —
a
the name and address of the printer of the document;
b
the name and address of the promoter of the material; and
c
the name and address of any person on behalf of whom the material is being published (and who is not the promoter).
4
Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.
5
Where the material is a printed document other than one to which paragraph (4) applies, the relevant details must appear either on the first or the last page of the document.
6
Where the material is an advertisement contained in a newspaper or periodical —
a
the name and address of the printer of the newspaper or periodical must appear either on its first or last page; and
b
the relevant details specified in paragraph (3)(b) and (c) must be included in the advertisement.
7
Where any material falling within paragraph (1) is published in contravention of paragraph (2), then (subject to paragraphs (8) and (9)) —
a
the promoter of the material,
b
any other person by whom the material is so published, and
c
the printer of the document,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
8
It shall be a defence for a person charged with an offence under this regulation to prove —
a
that the contravention of paragraph (2) arose from circumstances beyond his control; and
b
that he took all reasonable steps, and exercised all due diligence, to ensure that the contravention would not arise.
9
Where a candidate or his election agent would (apart from this paragraph) be guilty of an offence under paragraph (7), he shall instead be guilty of an illegal practice.
10
In this regulation —
“print” means print by whatever means, and “printer” is to be construed accordingly;
“the promoter”, in relation to any election material, means the person causing the material to be published; and
“publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means.
11
For the purpose of determining whether any material is material such as is mentioned in paragraph (1), it is immaterial that it does not expressly mention the name of any candidate.
32
In regulation 79 (undue influence), for sub-paragraph (b) of paragraph (2) substitute —
b
if, by abduction, duress or any fraudulent device or contrivance, he impedes or prevents or intends to impede or prevent the free exercise of the franchise of an elector or proxy for an elector, or so compels, induces or prevails upon or intends so to compel, induce or prevail upon an elector or proxy for an elector either to vote or to refrain from voting.
33
In regulation 86 (interpretation of Part 4) —
a
for the definition of “ Licensing Acts ” substitute–
Licensing Acts” means the Licensing Act 2003 or, in relation to Scotland, the Licensing (Scotland) Act 2005 , or in relation to Gibraltar, the Licensing and Fees Act , the Clubs Act , the Entertainment Act and the Leisure Areas (Licensing) Act 2001 ;
b
in paragraph (b) of the definition of “public office” for “borough” substitute “burgh”.
34
In regulation 89 (presentation and service of European Parliamentary election petitions) after paragraph (1) insert —
1A
The reference in paragraph (1)(a) to a person who voted as an elector at an election or who had the right so to vote does not include a person who had an anonymous entry in a register of electors.
35
Omit regulation 103 (abatement of petition).
36
In regulation 109 (prosecution for corrupt practice), in paragraph (1)(a)(i) after “regulation 23” insert “or paragraph 11 of Schedule 2”.
37
For regulation 114 (time limit for prosecution), substitute —
Time limit for prosecution
114
1
A proceeding against a person in respect of any offence under any provision contained in these Regulations shall be commenced within one year after the offence was committed, and the time so limited by this regulation shall, in the case of any proceedings under the Magistrates’ Court Act 1980 or, in the case of Gibraltar, the Criminal Procedure Act , for any such offence be substituted for any limitation of time contained in those Acts.
2
A magistrates’ court in England, Wales or Gibraltar may act under paragraph (3) if it is satisfied on an application by a constable or Crown Prosecutor, or in Gibraltar, the Attorney General —
a
that there are exceptional circumstances which justify the granting of the application, and
b
that there has been no undue delay in the investigation of the offence to which the application relates.
3
A magistrates’ court may extend the time within which proceedings must be commenced in pursuance of paragraph (1) to not more than 24 months after the offence was committed.
4
If a magistrates’ court acts under paragraph (3), it may also make an order under paragraph (5) if it is satisfied, on an application by a constable or Crown Prosecutor, or in Gibraltar, the Attorney General, that documents retained by the relevant registration officer in pursuance of rule 66 of the European Parliamentary elections rules may provide evidence relating to the offence.
5
An order under this paragraph is an order —
a
directing the relevant registration officer not to cause the documents to be destroyed at the expiry of the period of one year mentioned in rule 66 of the European Parliamentary elections rules, and
b
extending the period for which he is required to retain them under that rule by such further period not exceeding 12 months as is specified in the order.
6
The making of an order under paragraph (5) does not affect any other power to require the retention of the documents.
7
An application under this regulation must be made not more than one year after the offence was committed.
8
Any party to —
a
an application under paragraph (2), or
b
an application under paragraph (4),
who is aggrieved by the refusal of the magistrates’ court to act under paragraph (3) or to make an order under paragraph (5) (as the case may be) may appeal to the Crown Court or, in Gibraltar, the Supreme Court.
9
For the purposes of this regulation–
a
in England and Wales, the laying of information;
b
in Gibraltar, the laying of information; and
c
in Scotland, the granting of a warrant to apprehend or cite the accused (if, in relation to an offence alleged to have been committed within the United Kingdom, such warrant is executed without delay),
shall be deemed to be the commencement of the proceeding.
38
Before regulation 123 (public notices and declarations) insert —
Translations etc. of certain documents
122A
1
Paragraphs (2) and (3) apply to any document which by virtue of these Regulations is required or authorised to be given to voters or displayed in any place for the purposes of a European Parliamentary election.
2
The person who is required or authorised to give or display the document must, as he thinks appropriate, give or display or otherwise make available in such form as he thinks appropriate —
a
the document in Braille;
b
the document in languages other than English;
c
graphical representations of the information contained in the document;
d
other means of making the information contained in the document accessible to persons who might not otherwise have reasonable access to the information.
3
The person required or authorised to give or display the document must also, as he thinks appropriate, make available the information contained in the document in such audible form as he thinks appropriate.
4
Paragraphs (2) and (3) do not apply to —
a
the nomination paper; and
b
the ballot paper.
5
The local returning officer at a European Parliamentary election must cause to be displayed at every polling station in the election an enlarged sample copy of the ballot paper in accordance with rule 32(5)(a) of the European Parliamentary elections rules.
6
The sample copy mentioned in paragraph (5) —
a
must have printed the words “Vote once (X) in one blank box” at the top; and
b
may include a translation of those words into such other languages as the local returning officer thinks appropriate.
7
The local returning officer at a European Parliamentary election must provide at every polling station in the election an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially sighted.
8
The sample copy mentioned in paragraph (7) must be clearly marked as a specimen provided only for the guidance of voters.
European Parliamentary elections rules
39
For Schedule 1, substitute the Schedule comprising Schedule 2 to these Regulations.
Absent voting
40
For Schedule 2, substitute the Schedule comprising Schedule 3 to these Regulations.
Modification of European Parliamentary elections rules for combined polls
41
For Schedule 3, substitute the Schedule comprising Schedule 4 to these Regulations.
Entitlement to registration and legal incapacity to vote in Gibraltar
42
1
Schedule 4 is amended as follows.
2
Subject to paragraphs (3) and (6), for “Ordinance” (wherever it occurs) substitute “Act” .
3
For “European Parliamentary Elections Ordinance 2004” (wherever it occurs) substitute “2004 Act”.
4
In paragraph 2(3) (time), omit “Maundy Thursday,”.
5
In paragraph 4(2)(c) (legal incapacity to vote of offenders detained in mental hospitals) for “an admission order has been made under section 116B” substitute “a hospital order has been made under section 116A” .
6
In paragraph 4(3) (legal incapacity to vote of offenders detained in mental hospitals), omit “Ordinance or” (in both places).
7
Omit paragraph 7 (alteration of Gibraltar register: pending elections).
8
In paragraph 17(2)(a) (service declaration) for “12 months” substitute “3 years”.
Modifications for relevant citizens of the Accession States in 2004
43
Omit Schedule 5.
Control of donations to individual candidates
44
1
Schedule 6 is amended as follows.
2
For sub-paragraph (7) of paragraph 1 substitute —
7
In relation to a donation received by a candidate at an election in Great Britain or Gibraltar, references to a permissible donor falling within section 54(2) of the 2000 Act are to be read as if section 54(2) did not include a party registered in the Northern Ireland register maintained by the Commission under Part 2 of that Act.
3
The existing text of paragraph 10 shall become sub-paragraph (1) of that paragraph and after sub-paragraph (1) insert —
2
If the statement states that the candidate’s election agent has seen a certificate of anonymous registration issued pursuant to regulation 45G of the 2001 Regulations , regulation 45F of the 2001 (Scotland) Regulations or the equivalent provision forming part of the law of Gibraltar, which is evidence that an individual donor has an anonymous entry in an electoral register, the statement must be accompanied by a copy of that certificate of anonymous registration .
Election expenses
45
After Schedule 7, insert the Schedule 7A comprising Schedule 5 to these Regulations.
Michael Wills
Minister of State
Ministry of Justice
29th January 2009