text:
Citation, commencement and interpretation
1
This Order may be cited as the Immigration and Nationality (Fees) Order 2011 and shall come into force on the day after the day on which it is made.
2
In this Order —
“the 1971 Act ” means the Immigration Act 1971 ;
“the 1981 Act ” means the British Nationality Act 1981 ;
“the 1982 Order ” means the British Protectorates, Protected States and Protected Persons Order 1982 ;
“the 1997 Act ” means the British Nationality (Hong Kong) Act 1997 ;
“the 1999 Act ” means the Immigration and Asylum Act 1999 ;
“the 2006 Act ” means the Immigration, Asylum and Nationality Act 2006 ;
“A-rated sponsor” means a sponsor who is recorded as being “A-rated” on the register of licensed sponsors maintained by the Secretary of State under the immigration rules;
“action plan” means an action plan issued under the immigration rules to a B-rated sponsor with which a B-rated sponsor must comply in order to become an A-rated sponsor;
“B-rated sponsor” means a sponsor who is recorded as being “B-rated” on the register of licensed sponsors maintained by the Secretary of State under the immigration rules;
“British protected person” has the same meaning as provided in section 50(1) of the 1981 Act;
“certificate of sponsorship” means an authorisation issued under the immigration rules by the Secretary of State to a sponsor in respect of one or more applications, or potential applications, for leave to remain in or enter the United Kingdom;
“consular functions” means any of the functions described in Article 5 of the Vienna Convention on Consular Relations set out in Schedule 1 to the Consular Relations Act 1968 or functions in the United Kingdom which correspond with those functions;
“consular premises” has the same meaning as provided in Article 1(1)(j) of the Vienna Convention on Consular Relations set out in Schedule 1 to the Consular Relations Act 1968;
“entry clearance” has the same meaning as provided in section 33(1) of the 1971 Act ;
“the former nationality Acts” has the same meaning as provided in section 50(1) of the 1981 Act;
“the immigration rules” means rules made under section 3(2) of the 1971 Act;
“leave to enter the United Kingdom” means leave to enter the United Kingdom given in accordance with the provisions of the 1971 Act or the immigration rules;
“leave to remain in the United Kingdom” means leave to remain in the United Kingdom given in accordance with the provisions of the 1971 Act or the immigration rules;
“sponsor” means a sponsor under Part 6A of the immigration rules;
“sponsor licence” means a licence granted by the Secretary of State under the immigration rules allowing a person to act as a sponsor;
“student” means a person given leave to enter, or remain, in the United Kingdom under Tier 4 of the points-based system set out in the immigration rules.
Requirement to pay a fee for applications connected with immigration or nationality
3
1
Applications to which this article applies must be accompanied by the fee specified in regulations made under section 51(3) of the 2006 Act.
2
This article applies to applications for —
a
leave to remain in the United Kingdom;
b
entry clearance;
c
variation of leave to enter, or remain in, the United Kingdom;
d
permission for a student given leave to enter, or remain in, the United Kingdom to change their course of study or sponsor;
e
the fixing of a stamp, sticker or other attachment which indicates that a person has been granted limited, or indefinite, leave to enter, or remain in, the United Kingdom on a passport or other document issued to the applicant;
f
an immigration employment document, that is to say a work permit, or any other document which relates to employment and is issued for the purposes of the immigration rules or in connection with leave to enter or remain in the United Kingdom;
g
a travel document not including a passport;
h
naturalisation as a British citizen under the 1981 Act;
i
the amendment of a certificate of registration or naturalisation as a British citizen issued under the 1981 Act;
j
naturalisation as a British overseas territories citizen under section 18(1) or (2) of the 1981 Act;
k
registration as a British citizen under section 1(3), (3A) or (4), 3(1), (2) or (5), 4(2) or (5), 4A, 4B, 4C, 4D, 10(1) or (2), or 13(1) or (3) of the 1981 Act, or paragraph 3, 4 or 5 of Schedule 2 to that Act;
l
registration as a British overseas territories citizen under sections 24 and 13(1) or (3), or section 15(3) or (4), 17(1), (2) or (5), or 22(1) or (2) of the 1981 Act, or paragraph 3, 4 or 5 of Schedule 2 to that Act;
m
registration as a British overseas citizen under section 27(1) of the 1981 Act, or paragraph 4 or 5 of Schedule 2 to that Act;
n
registration as a British subject under section 32 of the 1981 Act, or paragraph 4 of Schedule 2 to that Act;
o
registration as a British protected person under Article 7 of the 1982 Order;
p
registration as a British citizen under section 1 of the 1997 Act;
q
a transit visa within the meaning of section 41(2) of the 1999 Act;
r
a certificate that a person has the right of abode in the United Kingdom, issued pursuant to section 10 of the Nationality, Immigration and Asylum Act 2002;
s
a document recording biometric information within the meaning of section 5 of the UK Borders Act 2007;
t
a sponsor licence, or the renewal of such a licence;
u
any change to a sponsor’s status under the immigration rules; and
v
a letter or other document confirming —
i
a person’s immigration or nationality status; or
ii
that a person is not a British citizen.
Requirement to pay a fee in respect of the provision on request of a service connected with immigration or nationality
4
The Secretary of State shall charge the fee specified in regulations made under section 51(3) of the 2006 Act in respect of the provision on request of any of the following services:
a
the registration of a declaration of a renunciation of British citizenship under section 12 of the 1981 Act;
b
the registration of a declaration of a renunciation of British overseas territories citizenship under sections 24 and 12 of the 1981 Act;
c
the registration of a declaration of a renunciation of British Overseas citizenship under sections 29 and 12 of the 1981 Act;
d
the registration of a declaration of a renunciation of the status of British subject under sections 34 and 12 of the 1981 Act;
e
the arrangement of a citizenship ceremony (the fee for the arrangement of the ceremony includes the administration of a citizenship oath and pledge at the ceremony);
f
the administration of a citizenship oath, or oath and pledge (where not administered at a citizenship ceremony);
g
the supply of a certified copy of a notice, certificate, order, declaration or entry given, granted or made under the 1981 Act, any of the former nationality Acts, or the 1997 Act;
h
the registration of a declaration of a renunciation of the status of British protected person under Article 11 of the 1982 Order;
i
attendance by a representative of the Secretary of State at premises other than an office of the United Kingdom Border Agency of the Home Office or consular premises for the purposes of any application, process or service referred to in this Order; and
j
the provision of any service by a representative of the Secretary of State outside office hours relating to any application, process or service referred to in this Order.
Requirement to pay a fee in respect of a process connected with immigration or nationality
5
The Secretary of State shall charge the fee specified in regulations made under section 51(3) of the 2006 Act in respect of the following processes:
a
the issuing of a certificate of sponsorship; and
b
the issuing of an action plan.
Requirement to pay a fee in respect of applications, services and processes in connection with immigration or nationality involving the exercise of consular functions
6
Applications in connection with immigration or nationality (whether or not under an enactment) for anything to be done in the exercise of consular functions by any person authorised by the Secretary of State to exercise such functions must be accompanied by the fee specified in regulations made under section 51(3) of the 2006 Act.
7
The Secretary of State shall charge the fee specified in regulations made under section 51(3) of the 2006 Act in respect of:
a
the provision on request of a service (whether or not under an enactment) in connection with immigration or nationality where the provision of that service requires anything to be done in the exercise of consular functions by any person authorised by the Secretary of State to exercise such functions; and
b
a process (whether or not under an enactment) in connection with immigration or nationality where that process requires anything to be done in the exercise of consular functions by any person authorised by the Secretary of State to exercise such functions.
8
Articles 6 and 7 apply in relation to the exercise of consular functions whether or not those functions are exercised by consular officers or by persons who are not consular officers.
Revocation
9
The Immigration and Nationality (Fees) Order 2007 , the Immigration and Nationality (Fees) (Amendment) Order 2008 , and the Immigration and Nationality (Fees) (Amendment) Order 2009 shall cease to have effect on the coming into force of regulations made under section 51(3) of the 2006 Act in connection with this Order.
Damian Green
Minister of State
Home Office
17th February 2011
We consent
Jeremy Wright
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
9th February 2011


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Companies Act 2006 (Annual Returns) Regulations 2011.
2
These Regulations come into force on 1st October 2011 and apply in relation to annual returns made up to that date or a later date.
Contents of annual return: general
2
In section 855 of the Companies Act 2006 (contents of annual return: general) —
a
omit subsection (1)(f); and
b
in subsection (4) —
i
before the definition of “return period” insert —
“DTR5 issuer” means an issuer to which Chapter 5 of the Disclosure Rules and Transparency Rules sourcebook issued by the Financial Services Authority applies;
“relevant market” means any of the markets mentioned in article 4(1) of the Financial Services and Markets Act 2000 (Prescribed Markets and Qualifying Investments) Order 2001 ; and
; and
ii
omit the definition of “traded company” and “non-traded company” and the word “and” immediately before that definition.
Information about shares and share capital
3
1
In section 856 of that Act (contents of annual return: information about share capital) —
a
for subsection (1) substitute —
1
The annual return of a company having a share capital must also contain the following information.
1A
The return must contain a statement of capital.
; and
b
after subsection (2) insert —
2A
The annual return must also state whether any of the company’s shares were, at any time during the return period, shares admitted to trading on a relevant market or on any other market which is outside the United Kingdom.
2B
If any of the company’s shares were shares admitted to trading as mentioned in subsection (2A), the annual return must also state whether both of the following conditions were satisfied throughout the return period —
a
there were shares of the company which were shares admitted to trading on a relevant market;
b
the company was a DTR5 issuer.
2
Accordingly, in the heading for that section, before “share capital” insert “shares and”.
Information about shareholders
4
1
In section 856A of that Act (contents of annual return: information about shareholders: non-traded companies) —
a
for subsection (1) substitute —
1
This section applies to the annual return of a company none of whose shares were, at any time during the return period, shares admitted to trading on a relevant market or on any other market which is outside the United Kingdom.
; and
b
in subsection (2) before “contain” insert “also”.
2
For section 856B of that Act (contents of annual return: information about shareholders: traded companies) substitute —
Contents of annual return: information about shareholders: certain traded companies
856B
1
This section applies to the annual return of a company any of whose shares were, at any time during the return period, shares admitted to trading on a relevant market or on any other market which is outside the United Kingdom.
2
But this section does not apply to the annual return of a company if throughout the return period —
a
there were shares of the company which were shares admitted to trading on a relevant market, and
b
the company was a DTR5 issuer.
3
The annual return of a company to which this section applies must also state, in respect of each person who held at least 5% of the issued shares of any class of the company at the end of the date to which the return is made up —
a
the person’s name and address (as they appear in the company’s register of members); and
b
the number of shares of each class held by the person at that time.
4
The return must conform to the following requirements for the purpose of enabling entries relating to any given person to be easily found —
a
the entries must be listed in alphabetical order by name; or
b
the return must have annexed to it an index that is sufficient to enable the name of the person in question to be easily found.
Consequential amendments
5
In Schedule 8 to that Act, omit the entries for “non-traded company (in Part 24)” and “traded company (in Part 24)” .
Classification system for company’s principal business activities
6
1
In regulation 6 of the Companies Act 2006 (Annual Return and Service Addresses) Regulations 2008 —
a
in paragraph (1) for “2003” substitute “2007”; and
b
for paragraph (2) substitute —
2
In paragraph (1), “Standard Industrial Classification 2007” means the UK Standard Industrial Classification of Economic Activities 2007, prepared by the Office for National Statistics and published by Palgrave Macmillan with the permission of the Office of Public Sector Information ( OPSI ) with ISBN number 978-0-230-21012-7.
2
In column 1 of the table in Schedule 2 to those Regulations —
a
for “7499” substitute “74990”;
b
for “9800” substitute “98000”; and
c
for “9999” substitute “99999”.
Edward Davey
Minister for Employment Relations, Consumer and Postal Affairs,
Department for Business, Innovation and Skills
11th June 2011


text:
Citation and commencement
1
This Order may be cited as the Education (National Curriculum) (Specified Purpose) (England) Order 2011 and comes into force on 12th December 2011.
Specified purpose of assessment arrangements
2
The purpose of ascertaining the extent to which pupils in the first key stage understand the correspondence between graphemes and phonemes in English is specified for the purposes of section 76(2)(b) of the Education Act 2002.
Nick Gibb
Minister of State
Department for Education
16th November 2011


text:
Citation and commencement
1
These Regulations may be cited as the National Savings Bank (Amendment) Regulations 2011.
2
1
Except for regulation 6, these Regulations come into force on 6th April 2011.
2
Regulation 6 comes into force on 1st November 2011.
Amendment of the National Savings Bank (Investment Deposits) (Limits) Order 1977
3
Article 3B of the National Savings Bank (Investment Deposits) (Limits) Order 1977 is amended by substituting “£5,340” for “£5,100”.
Amendment of the National Savings Bank Regulations 1972
4
The National Savings Bank Regulations 1972 are amended as set out below.
5
In regulation 29L(2) —
a
after “16 years of age or over and who” omit “is”,
b
at the beginning of sub-paragraph (a) insert “is”,
c
for sub-paragraph (b) substitute —
b
though not resident in the United Kingdom, has general earnings from overseas Crown employment subject to United Kingdom tax within the meaning given by section 28 of the Income Tax (Earnings and Pensions) Act 2003 , or
, and
d
in sub-paragraph (c) —
i
before “married to”, and
ii
before “a civil partner of”,
insert “is”.
6
In regulation 29N(a) omit “or cash”.
Angela Watkinson
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 2011


text:
Citation and commencement
1
This Order may be cited as the St Mary’s College, Middlesbrough (Dissolution) Order 2011 and comes into force on 31st July 2011.
Dissolution of the corporation of St Mary’s College, Middlesbrough
2
On 31st July 2011 the corporation of St. Mary’s College, Middlesbrough (“St Mary’s corporation”) is dissolved and its property, rights and liabilities are transferred to the governing body of Trinity Catholic College, Middlesbrough.
Transfer of staff
3
Section 26(1), (2), (3), (4), (7) and (8) of the Further and Higher Education Act 1992 applies to a contract of employment between a person employed by St Mary’s corporation immediately before 31st July 2011 and that corporation, as if —
a
the reference in subsection (1)–
i
to the operative date were a reference to 31 st July 2011;
ii
to a further education corporation established to conduct an institution were a reference to St Mary’s corporation;
iii
to the transferor were a reference to St Mary’s corporation;
iv
the words in paragraph (b) “and is designated for the purposes of this section by an order made by the Secretary of State” were omitted;
b
the reference in subsection (2) to a person to whom section 26 applies were a reference to a person employed by St Mary’s corporation;
c
any reference in subsection (2) or (3)–
i
to the operative date were a reference to 31st July 2011;
ii
to the transferor were a reference to St Mary’s corporation;
iii
to the corporation were a reference to the governing body of Trinity Catholic College, Middlesbrough;
d
the reference in subsection (3) to a contract to which subsection (2) applies were a reference to a contract of employment between a person employed by St Mary’s corporation and that corporation;
e
the reference in subsection (4) to the change of employer effected by this section were a reference to the change of employer effected by this Order;
f
any reference in subsection (7) and (8) to the transferor were a reference to St Mary’s corporation.
Jonathan Hill
Parliamentary Under Secretary of State
Department for Education
1st April 2011


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Hungary) Order 2011.
Double taxation and international tax enforcement arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Agreement set out in Part 1 of the Schedule to this Order and in the Protocol set out in Part 2 of that Schedule have been made with the Government of the Republic of Hungary;
b
the arrangements have been made with a view to affording relief from double taxation in relation to income tax, corporation tax, capital gains tax and taxes of a similar character imposed by the laws of the Republic of Hungary and for the purpose of assisting international tax enforcement; and
c
it is expedient that the arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Student Fees (Amounts) (England) (Amendment) Regulations 2011 and come into force on 1st August 2011.
Amendment of the Student Fees (Amounts) (England) Regulations 2004
2
1
The Student Fees (Amounts) (England) Regulations 2004 are amended in accordance with paragraphs (2) to (4).
2
In regulation 3 omit the definition of “academic year”;
3
In regulation 4 for “£1310” substitute “£1345” and for “£3290” substitute “£3375”;
4
In regulation 5 for “£650” substitute “£665” and for “£1640” substitute “£1680”.
Revocation of the Student Fees (Amounts) (England) (Amendment) Regulations 2009
3
The Student Fees (Amounts) (England) (Amendment) Regulations 2009 are revoked.
David Willetts
Minister of State for Universities and Science
Department for Business, Innovation and Skills
17th February 2011


text:
Citation and commencement
1
This Order may be cited as the Civil Contingencies Act 2004 (Amendment of List of Responders) Order 2011 and comes into force on the day after the day it is made.
Amendment of Schedule 1 to the Civil Contingencies Act 2004
2
In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (category 1 responders: general) after paragraph 1 insert —
1A. The Greater London Authority.
.
Francis Maude
Minister for the Cabinet Office
5th May 2011


text:
Citation and commencement
1
This Order may be cited as the Immigration Services Commissioner (Application Fee) Order 2011 and shall come into force on 8th July 2011.
Interpretation
2
In this Order —
“ the Act ” means the Immigration and Asylum Act 1999;
“continued registration” means registration to be continued under paragraph 3(1) of Schedule 6 to the Act;
“immigration rules” means the rules made under section 3(2) of the Immigration Act 1971 ;
“level 1 adviser” means a person providing immigration advice or immigration services only in connection with —
the matters set out in paragraphs (ba) , (d), (e), (f) and (g) of the definition of “relevant matters” in section 82(1) of the Act; or
the matter set out in paragraph (b) of the definition of “relevant matters” in section 82(1) of the Act, but only in so far as the advice or services is in connection with an application for, or for the variation of, entry clearance or leave to enter or remain in the United Kingdom for a purpose for which entry or remaining is permitted in accordance with the immigration rules;
“registration” means registration under section 84(2)(a) or (b) or (ba) of the Act;
“relevant advisers” is to be construed in accordance with article 3 of this Order.
Meaning of “relevant advisers”
3
“Relevant advisers” means, in respect of —
a
an individual, that individual together with —
i
the employees of that individual who provide immigration advice or immigration services, excluding such employees who are qualified under section 84(2)(c) to (e) of the Act, or who are persons to whom section 84(4) of the Act applies; and
ii
the persons who provide immigration advice or immigration services who work under the supervision of that individual and his employees, excluding such persons who are qualified persons under section 84(2)(c) to (e) of the Act, or who are persons to whom section 84(4) of the Act applies; and
b
a body corporate or unincorporate —
i
the members and employees of that body who provide immigration or immigration services, excluding such members and employees who are qualified persons under section 84(2)(c) to (e) of the Act, or who are persons to whom section 84(4) of the Act applies; and
ii
the persons who provide immigration advice or immigration services who work under the supervision of such members and employees, excluding such persons who are qualified under sections 84(2)(c) to (e) of the Act, or who are persons to whom section 84(4) of the Act applies.
Fees payable for registration and continued registration
4
On an application for registration —
a
The fee payable by a level 1 adviser shall be £575;
b
The fee payable by any other person providing immigration advice or immigration services shall be the fee in column 2 of the Table of Fees set out in the Schedule to this Order (“the table”) which applies in respect of that person’s entry in column 1 of the table.
5
On an application for continued registration —
a
the fee payable by a level 1 adviser shall be £575;
b
the fee payable by any other person providing immigration or immigration services shall be the fee in column 3 of the table which applies in respect of that person’s entry in column 1 of the table.
6
A person’s entry in column 1 of the table shall be determined by reference to the number of relevant advisers in respect of that person at the date of the application for registration or, as the case may be, continued registration.
Revocation
7
The Immigration Services Commissioner (Registration Fee) Order 2004 is hereby revoked.
Damian Green
Minister of State
Home Office
29th May 2011


text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit (Amendment) Regulations 2011 and come into force on 1st January 2012.
Amendment of the Housing Benefit Regulations 2006
2
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In the definition of “young individual” in regulation 2(1) (interpretation) —
a
for “25 years”, substitute “35 years”;
b
after paragraph (g), insert —
or
h
who has attained the age of 25 years and to whom paragraph (1A), (1C) or both apply;
.
3
After regulation 2(1) insert —
1A
This paragraph applies to a claimant (“C”) if —
a
C has, for a total of at least 3 months (whether or not continuously), occupied as his home one or more hostels for homeless people; and
b
whilst occupying such a hostel, C has been offered and has accepted support services with a view to assisting him to be rehabilitated or resettled within the community.
1B
For the purposes of determining whether C meets the condition in paragraph (1A)(a), “hostel for homeless people” means a hostel, as defined in paragraph (1), the main purpose of which is to provide accommodation together with care, support or supervision for homeless people with a view to assisting such persons to be rehabilitated or resettled within the community.
1C
This paragraph applies —
a
in England and Wales, to a claimant (“C”) if C is the subject of active multi-agency management pursuant to arrangements established by a responsible authority under section 325(2) of the Criminal Justice Act 2003 (arrangements for assessing etc. risks posed by certain offenders) ; or
b
in Scotland, to a claimant (“C”) if C is —
i
the subject of local inter-agency risk management or management by the multi-agency public protection panel pursuant to arrangements established by the responsible authorities under section 10(1) of the Management of Offenders etc. (Scotland) Act 2005 (arrangements for assessing and managing risks posed by certain offenders) ; or
ii
a person to whom section 10(1) of that Act does not apply by reason only of the fact that section 10(1)(b) or (d) has not been brought fully into force and C is considered by the relevant authority to be a person who may cause serious harm to the public at large; or
iii
a person to whom section 10(1) of that Act does not apply by reason only of the fact that section 10(1)(e) has not been brought fully into force and who has been convicted of an offence, if by reason of that conviction, C is considered by the relevant authority to be a person who may cause serious harm to the public at large.
.
4
In regulation 12M(4) (transitional protection – reduction in LHA ) for “Where”, substitute “Subject to paragraph (4A), where”.
5
After regulation 12M(4) insert —
4A
Where on the date when the eligible rent ceases to apply because of paragraph (3)(a), the claimant is a young individual who has attained the age of 25 years —
a
the eligible rent will be the maximum rent (LHA) which would apply if the relevant authority were to determine one by reference to that date, but
b
the LHA date for the purposes of regulation 13C will remain the date by reference to which the local housing allowance used in the determination referred to in paragraph (1)(b) was identified.
.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
3
In regulation 2(1) (interpretation) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 omit the definition of “young individual”.
Signed by authority of the Secretary of State for Work and Pensions.
Freud
Parliamentary Under-Secretary of State
Department for Work and Pensions
14th July 2011


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Public Service Vehicles (Community Licences) Regulations 2011 and come into force on 4th December 2011.
2
These Regulations do not extend to Northern Ireland.
Revocation
2
The following are revoked —
a
the Public Service Vehicles (Community Licences) Regulations 1999 ; and
b
the Road Transport (Passenger Vehicles Cabotage) Regulations 1999 .
Purpose and interpretation
3
1
These Regulations implement Regulation 1073/2009 .
2
In these Regulations —
“the 1981 Act ” means the Public Passenger Vehicles Act 1981 ;
“authorisation” means an authorisation issued under Article 8 of Regulation 1073/2009, except in regulation 6(3) of these Regulations;
“Community licence” means a licence issued under Article 4 of Regulation 1073/2009;
“ Council Regulation 684/92 ” means Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus ;
“ PSV operator’s licence”, “restricted licence” and “standard licence” have the meaning given by section 82(1) of the 1981 Act;
“ Regulation 1071/2009 ” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the occupation of road transport operator ;
“Regulation 1073/2009” means Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services ;
“ UK cabotage operations” means cabotage operations within the meaning of Article 2(7) of Regulation 1073/2009, in Great Britain or between Great Britain and Northern Ireland,
and subject to this, expressions which are also used in Regulation 1073/2009 have the same meaning which they bear in that Regulation.
Use of public service vehicle without Community licence
4
A person who uses a vehicle in Great Britain in contravention of Article 4(1) of Regulation 1073/2009 (requirement to possess a Community licence) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Competent authorities
5
1
Subject to paragraphs (2) and (3), where a person holds or has applied for a PSV operator’s licence that authorises international operations, the competent authority for the purposes of Regulation 1073/2009 and of these Regulations is —
a
for a Community licence, a traffic commissioner appointed under the 1981 Act; and
b
for an authorisation, the Secretary of State.
2
Paragraph (3) has effect until the coming into force of section 2 of the Local Transport Act 2008 in relation to a person who holds or has applied for a PSV operator’s licence under the 1981 Act.
3
A traffic commissioner for the purposes of paragraph (1)(a) is the traffic commissioner for the traffic area in which the licence was granted, or (as the case may be) the traffic commissioner to whom it falls to consider the application for the PSV operator’s licence.
Issue of a Community licence and authorisation
6
1
Subject to regulation 12(1) (supply of information), a person is entitled to be issued by the competent authority with a Community licence if the person holds a PSV operator’s licence which —
a
authorises international operations ; and
b
is used for operating a vehicle adapted to carry more than eight passengers.
2
From 4th December 2011 a licence issued under Article 3a of Council Regulation 684/92 is treated as a Community licence.
3
From 4th December 2011 an authorisation issued under Article 5 of Council Regulation 684/92 is treated as an authorisation issued under Article 8 of Regulation 1073/2009.
Withdrawal of a Community licence
7
1
This paragraph applies where the holder of a Community licence is guilty of an infringement in Great Britain of Community road transport legislation which may lead to the loss of good repute —
a
in accordance with Article 6(1) and (2) of Regulation 1071/2009 or in accordance with paragraph 1 of Schedule 3 to the 1981 Act in the case of standard licence holders;
b
in accordance with paragraph 1 of Schedule 3 to the 1981 Act in the case of restricted licence holders .
2
Where paragraph (1) applies, the competent authority may impose the following penalties —
a
the temporary or permanent withdrawal of some or all of the certified true copies of the Community licence;
b
the temporary or permanent withdrawal of the Community licence.
Rights of appeal
8
1
A person who —
a
applies for a Community licence; and
b
wishes to dispute a decision of a traffic commissioner to refuse to issue the person with such a licence,
may appeal against that decision.
2
A person who —
a
is the holder of a Community licence; and
b
wishes to dispute a decision of a traffic commissioner to withdraw it or any certified true copies of it,
may appeal against that decision.
3
The right of appeal conferred by each of paragraphs (1) and (2) is a right of appeal to the Upper Tribunal .
Cabotage without a Community licence or control document
9
1
A person commits an offence if the person —
a
uses a vehicle for the purpose of UK cabotage operations without a valid Community licence, or
b
causes or permits a vehicle to be so used.
2
A person who is guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
10
1
A person commits an offence if the person causes or permits a vehicle to be used for the purpose of UK cabotage operations which —
a
take the form of occasional services in Great Britain or between Great Britain and Northern Ireland, and
b
are carried out in contravention of Article 17(1) of Regulation 1073/2009 (requirement for a control document).
2
A person who is guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Authorised inspecting officers
11
The following are authorised inspecting officers for the purposes of Regulation 1073/2009 —
a
police constables in uniform;
b
examiners appointed under section 66A(1) of the Road Traffic Act 1988 .
Supply of information
12
1
The competent authority may refuse to issue a Community licence or authorisation to an applicant if the applicant fails to supply any information that the competent authority may reasonably request pursuant to Articles 4(5) or 7(3) of Regulation 1073/2009 for the purpose of verifying whether the applicant satisfies the conditions laid down in Article 3(1) of that Regulation.
2
The holder of a Community licence or authorisation must supply such information as the competent authority may reasonably require from time to time to enable the authority to decide whether the holder is entitled to retain the licence or authorisation.
3
A person who fails to supply any information required under paragraph (2) may have the Community licence or authorisation, and any certified true copies of it, withdrawn by the competent authority.
Power to stop
13
1
Paragraph (2) applies if it appears to a stopping officer that a vehicle is being used in circumstances such that a Community licence could be required.
2
The stopping officer may direct the driver to stop the vehicle so that an authorised inspecting officer can conduct checks as to whether an offence has been committed under regulation 4.
3
Paragraph (4) applies if it appears to a stopping officer that a vehicle could be being used for the purpose of UK cabotage operations.
4
The stopping officer may direct the driver to stop the vehicle for the purpose of enabling an authorised inspecting officer to inspect the documents which are required by Regulation 1073/2009 to be kept on board the vehicle and presented at the request of an authorised inspecting officer .
5
In this regulation “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988 .
Death, bankruptcy etc of holder of Community licence
14
Where a person is authorised to carry on the business of the holder of a PSV operator’s licence by virtue of an authorisation under section 57(4)(b) of the 1981 Act, that person is to be treated as the holder of any Community licence and any authorisation issued under Regulation 1073/2009 held by the holder of the PSV operator’s licence, for the same period as is specified in the authorisation under the 1981 Act.
Bodies corporate
15
1
Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with that member’s functions of management as if that member were a director of the body corporate.
3
Where an offence under these Regulations has been committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of the offence and is liable to be proceeded against and punished accordingly.
Amendment of certain enactments
16
1
The Road Traffic (Foreign Vehicles) Act 1972 is amended as follows.
2
In Schedule 1 (provisions conferring functions on examiners) —
a
omit the entry relating to regulation 7 of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999;
b
for the entry relating to Article 3a(3) of Council Regulation (EEC) No 684/92 substitute —
Article 4(3) of Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services. To require the presentation of a certified true copy of a Community licence, which is required to be kept on board certain passenger vehicles.
3
In Schedule 2 (provisions relating to vehicles and their drivers) —
a
for the entry relating to regulations 3 and 7 of the Public Service Vehicles (Community Licences) Regulations 1999, substitute —
Regulation 4 of the Public Service Vehicles (Community Licences) Regulations 2011. To impose a penalty for contravention of the requirement to possess a Community licence when using certain passenger vehicles.
b
for the entry relating to regulations 3, 4 and 7 of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999, substitute —
Regulation 10 of the Public Service Vehicles (Community Licences) Regulations 2011. To impose a penalty for contravention of certain requirements relating to national passenger services by a carrier registered in a foreign Member State.
17
1
The 1981 Act is amended as follows.
2
In section 65 (forgery and misuse of documents), in paragraph (ea) of subsection (1), for “Article 6 of Council Regulation (EC) No 12/98 of 11 December 1997” substitute “Article 12(4) or 17(3) of Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009”.
3
In section 66 (false statements to obtain licence etc), in paragraph (f), for “article 6 of Council Regulation (EC) No 12/98 of 11 December 1997” substitute “Article 12(4) or 17(3) of Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009”.
Modification of certain enactments in relation to UK cabotage operations
18
The 1981 Act has effect, in relation to a vehicle being used for the purposes of UK cabotage transport operations, as if sections 6, 12 and 18 were omitted.
19
Parts II to V of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 do not have effect in relation to a vehicle which is being used for the purposes of UK cabotage operations.
Review
20
1
The Secretary of State must from time to time —
a
carry out a review of these Regulations,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Regulation 1073/2009 (which is implemented by means of 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 these Regulations,
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
The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Signed by authority of the Secretary of State
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
1st November 2011


text:
Citation and commencement
1
These Regulations —
a
may be cited as the Marine Licensing (Notices Appeals) Regulations 2011, and
b
come into force on 6th April 2011.
Application
2
These Regulations apply in relation to any area, and any licensable marine activity carried on in that area, for which the Secretary of State is —
a
the appropriate licensing authority (and references in these Regulations to “the licensing authority” are to be read accordingly); or
b
an enforcement authority (and references in these Regulations to “the enforcement authority” are to be read accordingly).
Appeals against variation, suspension or revocation of marine licence
3
1
A person to whom a notice under section 72 of the Marine and Coastal Access Act 2009 (notice varying, suspending or revoking a marine licence, or extending a period of suspension) has been issued may appeal to the First-tier Tribunal against the notice.
2
Where an appeal is made under paragraph (1) against a notice varying a marine licence, that notice is suspended so far as it relates to the subject matter of the appeal from the time the appeal is made pending determination of the appeal.
3
The First-tier Tribunal may suspend any other notice referred to in paragraph (1) , wholly or in part, pending determination of the appeal.
4
Where a notice revoking a marine licence is suspended under paragraph (3), the licence is to be treated pending determination of the appeal (or, if sooner, for so long as the notice is suspended) as never having been revoked by that notice.
Appeals against enforcement notices, stop notices and emergency safety notices
4
1
A person to whom any of the notices referred to in paragraph (2) has been issued may appeal to the First-tier Tribunal against the notice.
2
The notices are —
a
a compliance notice;
b
a remediation notice;
c
a stop notice;
d
an emergency safety notice .
3
Where an appeal is made under paragraph (1) against a compliance notice, that notice and any requirement in it is suspended so far as it relates to the subject matter of the appeal from the time the appeal is made pending determination of the appeal.
4
The First-tier Tribunal may suspend a remediation notice, a stop notice or an emergency safety notice, wholly or in part, pending determination of the appeal.
Appeals – further provisions
5
1
In any appeal the burden of proof is on the licensing authority or enforcement authority (as appropriate), and —
a
where a question to be decided on the appeal is whether an offence has been committed, the authority must prove the commission of the offence beyond reasonable doubt;
b
in respect of any other issue to be decided on the appeal, the First-tier Tribunal is to determine the standard of proof.
2
The First-tier Tribunal may —
a
withdraw the notice or any requirement contained in it;
b
confirm the notice or any requirement contained in it;
c
vary the notice or any requirement contained in it;
d
take such steps as the licensing authority or enforcement authority (as appropriate) could take in relation to the act or omission giving rise to the notice; or
e
remit the decision whether to confirm the notice, or any matter relating to that decision, to the licensing authority or enforcement authority (as appropriate).
3
Where a notice revoking a marine licence is withdrawn under paragraph (2), the licence is to be treated as never having been revoked by that notice.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
23rd March 2011


text:
Citation and commencement
1
These Regulations may be cited as the Architects (Recognition of European Qualifications) Regulations 2011 and come into force on 12th September 2011.
Amendment of the Architects Act 1997
2
In paragraph (a) of section 4(2A) (Registration in Part 1 of the Register: general) of the Architects Act 1997 , for the words from “and he is either” to the end of the paragraph substitute “which provides access to the profession of architect in the relevant European State in which that evidence was issued”.
Signed by authority of the Secretary of State
Andrew Stunell
Parliamentary Under Secretary of State
Department for Communities and Local Government
11th August 2011


text:
Citation and commencement
1
These Regulations may be cited as the Inheritance Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2011 and come into force on 6th April 2011.
Prescribed description of arrangements in relation to inheritance tax
2
1
For the purposes of Part 7 of the Finance Act 2004 (disclosure of tax avoidance schemes) the arrangements specified in paragraph (2) are prescribed in relation to inheritance tax.
2
Arrangements are prescribed if —
a
as a result of any element of the arrangements property becomes relevant property; and
b
a main benefit of the arrangements is that an advantage is obtained in relation to a relevant property entry charge.
3
In this regulation —
“property” shall be construed in accordance with section 272 of the Inheritance Tax Act 1984 ;
“relevant property” has the meaning given by section 58(1) of the Inheritance Tax Act 1984 ;
“relevant property entry charge” means the charge to inheritance tax which arises on a transfer of value made by an individual during that individual’s life as a result of which property becomes relevant property;
“transfer of value” has the meaning given by section 3(1) of the Inheritance Tax Act 1984.
3
Arrangements are excepted from disclosure under these Regulations if they are of the same, or substantially the same, description as arrangements —
a
which were first made available for implementation before 6th April 2011; or
b
in relation to which the date of any transaction forming part of the arrangements falls before 6th April 2011; or
c
in relation to which a promoter first made a firm approach to another person before 6th April 2011.
Michael Fabricant
James Duddridge
Two of the Lord Commissioners of Her Majesty’s Treasury
1st February 2011


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Personal Injuries ( NHS Charges) (Amounts) Amendment Regulations 2011 and shall come into force on 1st April 2011.
2
These Regulations apply in relation to England and Wales.
3
In these Regulations —
“certificate” means a certificate issued under section 151 of the Health and Social Care (Community Health and Standards) Act 2003; and
“the principal Regulations ” means the Personal Injuries (NHS Charges) (Amounts) Regulations 2007 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2 of the principal Regulations (amount of NHS charges) —
a
in paragraph (1)(a) for “£177” substitute “£181”;
b
in paragraph 1(b)(i) for “£585” substitute “£600”;
c
in paragraph 1(b)(ii) for “£719” substitute “£737”, and
d
in paragraph (4) for “£42,999” substitute “£44,056”.
Saving
3
The principal Regulations shall continue to have effect in respect of a certificate relating to an injury which occurred before 1st April 2011 as if the amendments made by these Regulations had not been made.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
24th February 2011


text:
Citation and commencement
1
This Order may be cited as the Legislative Reform (Epping Forest) Order 2011 and shall come into force on the day two weeks after the day on which it is made.
Amendment of the Epping Forest Act 1878
2
1
The Epping Forest Act 1878 is amended as follows.
2
After section 52 (publication of notices) insert —
Wanstead Flats: Muster, Briefing and Deployment Centre
52A
1
Nothing in or done under this Act shall make it unlawful for the Metropolitan Police Authority or the Commissioner of Police of the Metropolis during the period specified in subsection (2) —
a
to erect a structure (known as a Muster, Briefing and Deployment Centre), which may consist of several temporary structures, in the part of Epping Forest known as Wanstead Flats, and
b
to enclose and enjoy exclusive possession of the area comprising and immediately surrounding that Muster, Briefing and Deployment Centre, providing that the area does not exceed 35 000 square metres.
2
The period specified for the purposes of subsection (1) begins immediately after midnight on 23rd June 2012 and ends immediately before midnight on 20th September 2012.
3
Nothing in this Act shall prevent the Conservators from granting permission to the Metropolitan Police Authority or the Commissioner of Police of the Metropolis to act in accordance with paragraphs (a) and (b) of subsection (1).
Reference to Metropolitan Police Authority
3
References in the amendments made by this Order to the Metropolitan Police Authority include references to any other body required at any time by an Act of Parliament to secure the maintenance of the metropolitan police force.
James Brokenshire
Parliamentary Under-Secretary of State
Home Office
18th July 2011


text:
Citation
1
This Order may be cited as the Pensions Act 2008 (Commencement No.11) Order 2011.
Commencement of provisions
2
The following provisions of the Pensions Act 2008 come into force on 3rd January 2012 —
a
section 49 (monitoring of employers’ payments to personal pension schemes) in so far as it relates to the powers to make regulations under section 111A of the Pension Schemes Act 1993 , for the purposes only of making regulations;
b
section 104 (additional pension etc : minor and consequential amendments) in so far as it relates to the provisions listed in paragraph (c) of this article;
c
in Schedule 4 —
i
paragraph 1 in so far as it relates to the provisions listed in sub-paragraphs (ii) to (xii) of this paragraph,
ii
paragraphs 2 and 3,
iii
paragraph 4(1) in so far as it relates to the provisions listed in sub-paragraph (iv) of this paragraph,
iv
paragraph 4(2) and (3), except for sub-paragraphs (2)(b) and (3)(b) in so far as they relate to Schedule 4C to the Social Security Contributions and Benefits Act 1992 ,
v
paragraph 5,
vi
paragraph 6(1) in so far as it relates to paragraph 6(2),
vii
paragraph 6(2),
viii
paragraph 7, except for sub-paragraph (a),
ix
paragraph 8, except for sub-paragraph (a),
x
paragraph 9(1) in so far as it relates to the provisions listed in sub-paragraph (xi) of this paragraph,
xi
paragraph 9(2) and (3), except for sub-paragraph (2)(c),
xii
paragraphs 11 and 12.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
17th December 2011


text:
Citation
1
This Order may be cited as the Finance Act 2008, Section 39(7) (Commencement) Order 2011.
Appointed Day
2
The day appointed for the coming into force of section 39(7) of the Finance Act 2008 is 1st February 2011.
Michael Fabricant
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
10th January 2011


text:
Citation, commencement and effect
1
These Regulations may be cited as the Employer Supported Childcare (Relevant Earnings and Excluded Amounts) Regulations 2011 and come into force on 11th August 2011 with effect from 6th April 2011.
Interpretation
2
In these Regulations —
“ ITEPA ” means the Income Tax (Earnings and Pensions) Act 2003;
“ PAYE Regulations ” means the Income Tax (Pay As You Earn) Regulations 2003 .
Relevant earnings
3
For the purposes of section 270B(1)(a) of ITEPA “relevant earnings” (in addition to salary, wages or fees as in section 270B(3)(a)) means —
a
guaranteed contractual bonuses;
b
contractual commission;
c
guaranteed overtime payments;
d
location or cost of living allowances;
e
shift allowances;
f
skills allowances;
g
retention and recruitment allowances; and
h
market rate supplements.
Excluded amounts
4
1
For the purposes of section 270B(1)(b) of ITEPA “excluded amounts” means —
a
contributions under a pension scheme if the employee has authorised the employer to make the deductions from relevant payments (as defined by regulation 4 of the PAYE Regulations) for which relief at source is given under section 192(1) of the Finance Act 2004 ;
b
contributions under a pension scheme allowed under section 193(2) of the Finance Act 2004 (relief under net pay arrangements) to be deducted by the employer from the employee’s employment income for the tax year in accordance with the PAYE Regulations;
c
donations for which a deduction is made under section 713 of ITEPA (payroll giving) in calculating the employee’s net taxable earnings from employment by the employer for the tax year in accordance with the PAYE Regulations;
d
expenses within Chapter 3 of Part 3 of ITEPA (expenses payments) which the employer is authorised to exclude from the employee’s taxable earnings for the tax year in accordance with the PAYE Regulations;
e
payments in respect of removal expenses to which section 271 of ITEPA applies (as defined in section 272 of ITEPA) and which are taxable earnings of the employee from employment by the employer for the tax year;
f
amounts equivalent to the amount of the personal allowance under section 35(1) of the Income Tax Act 2007 , and in addition if applicable, the amount of the blind person’s allowance under section 38 of the Income Tax Act 2007.
2
Paragraph (1)(f) does not apply if after taking into account any relevant earnings and excluded amounts in paragraph (1)(a) to (e) the relevant earnings amount is £150,000 or more.
Angela Watkinson
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
20th July 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Miscellaneous Amendments) Order 2011 and shall come into force on 1st July 2011.
2
In this Order —
“the Act” means the Medicines Act 1968;
“the Pharmacy and General Sale Order” means the Medicines (Pharmacy and General Sale-Exemption) Order 1980 ;
“the POM Order” means the Prescription Only Medicines (Human Use) Order 1997 .
Amendment of Schedule 1 to the Pharmacy and General Sale Order
2
1
Schedule 1 to the Pharmacy and General Sale Order (exemptions for certain persons from sections 52 and 53) is amended as follows.
2
In Part 1, item 1A —
a
in column 1, after “chiropodists” insert “and podiatrists”;
b
for sub-paragraph (a) in column 2, substitute the following —
a
The following prescription only medicines —
i
Amorolfine hydrochloride cream where the maximum strength of the Amorolfine in the cream does not exceed 0.25 per cent by weight in weight;
ii
Amorolfine hydrochloride lacquer where the maximum strength of Amorolfine in the lacquer does not exceed 5 per cent by weight in volume;
iii
Amoxicillin;
iv
Co-Codamol;
v
Co-dydramol 10/500 tablets;
vi
Codeine Phosphate;
vii
Erythromycin;
viii
Flucloxacillin;
ix
Silver Sulfadiazine;
x
Tioconazole 28%;
xi
Topical hydrocortisone where the maximum strength of the hydrocortisone in the medicinal product does not exceed 1 per cent by weight in weight; and
;
c
for the entry in column 3, substitute —
1A
The sale or supply shall be only in the course of their professional practice, and the medicinal product must have been made up for sale or supply in a container elsewhere than at the place at which it is sold or supplied.
.
Amendment of Schedule 5 to the POM Order
3
1
Schedule 5 to the POM Order (exemption for certain persons from section 58(2) of the Act) is amended as follows.
2
In Part 1 (exemption from restrictions on sale or supply) —
a
in item 4 —
i
in column 2, omit “Ergometrine maleate”, “Lidocaine” and “Lidocaine Hydrochloride”;
ii
in column 3, omit the words after “professional practice”;
b
in item 5 —
i
for the entry in column 2 substitute —
5
Items which are —
a
prescription only medicines which are not for parenteral administration and which —
i
are eye drops and are prescription only medicines by reason only that they contain not more than 0.5 per cent of Chloramphenicol, or
ii
are eye ointments and are prescription only medicines by reason only that they contain not more than 1.0 per cent Chloramphenicol, or
iii
are prescription only medicines by reason only that they contain any of the following substances —
aa
Cyclopentolate hydrochloride;
bb
Fusidic Acid;
cc
Tropicamide;
b
the following prescription only medicines —
i
Amorolfine hydrochloride cream where the maximum strength of the Amorolfine in the cream does not exceed 0.25 per cent by weight in weight;
ii
Amorolfine hydrochloride lacquer where the maximum strength of Amorolfine in lacquer does not exceed 5 per cent by weight in volume;
iii
Amoxicillin;
iv
Co-Codamol;
v
Co-dydramol 10/500 tablets;
vi
Codeine Phosphate;
vii
Erythromycin;
viii
Flucloxacillin;
ix
Silver Sulfadiazine;
x
Tioconazole 28%;
xi
Topical hydrocortisone where the maximum strength of hydrocortisone in the medicinal product does not exceed 1 per cent by weight in weight.
;
ii
for the entry in column 3 substitute —
5
The sale or supply shall be subject to the presentation of an order signed by —
a
a registered optometrist for a medicine listed under item 5(a) in column 2;
b
a registered chiropodist or podiatrist for a medicine listed under item 5(b) in column 2.
;
c
in item 10 —
i
in column 1, after “chiropodists” insert “or podiatrists”;
ii
for the entry in column 2, substitute —
10
The following prescription only medicines —
a
Amorolfine hydrochloride cream where the maximum strength of the Amorolfine in the cream does not exceed 0.25 per cent by weight in weight;
b
Amorolfine hydrochloride lacquer where the maximum strength of Amorolfine in lacquer does not exceed 5 per cent by weight in volume;
c
Amoxicillin;
d
Co-Codamol;
e
Co-dydramol 10/500 tablets;
f
Codeine Phosphate;
g
Erythromycin;
h
Flucloxacillin;
i
Silver Sulfadiazine;
j
Tioconazole 28%;
k
Topical hydrocortisone where the maximum strength of hydrocortisone in the medicinal product does not exceed 1 per cent by weight in weight.
;
iii
in column 3, omit the words after “professional practice”.
3
In Part 3 (exemptions from restriction on administration) —
a
in item 1 —
i
in column 1, after “chiropodists” insert “or podiatrists”;
ii
in column 2, omit “, as the sole active ingredient, not more than one of the following substances”;
iii
in column 3, after “practice” insert “and where the medicine includes a combination of substances listed under item 1 in column 2, those substances shall not be combined by the chiropodist or podiatrist”;
b
in item 2 —
i
in column 1, after “midwives” insert “and student midwives”;
ii
in the list of substances in column 2 —
aa
for “cyclizine hydrochloride” substitute “cyclizine lactate”;
bb
omit “Haemaccel”;
iii
for the entry in column 3 substitute —
2
The medicine shall —
a
in the case of Lignocaine, Lignocaine hydrochloride and Promazine hydrochloride, be administered only while attending on a woman in childbirth, and
b
where administration is —
i
by a registered midwife, be administered in the course of their professional practice;
ii
by a student midwife —
aa
be administered under the direct supervision of a registered midwife; and
bb
not include Diamorphine, Morphine or Pethidine hydrochloride.
.
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
19th May 2011
Edwin Poots
Minister for Health, Social Services and Public Safety
24th May 2011


text:
Citation and commencement
1
1
This Order may be cited as the Sedgemoor (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 Sedgemoor (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 Sedgemoor and number of councillors
3
1
The existing wards of the district of Sedgemoor are abolished.
2
The district is divided into twenty-three 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.
Wards of the parish of Bridgwater and number of councillors
4
1
The existing wards of the parish of Bridgwater are abolished.
2
The parish is divided into seven wards named respectively —
a
Dunwear;
b
Eastover;
c
Fairfax;
d
Hamp;
e
Victoria;
f
Westover;
g
Wyndham.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Three councillors are to be elected for each of the following wards:
a
Fairfax;
b
Westover.
5
Two councillors are to be elected for each of the following wards:
a
Dunwear;
b
Eastover;
c
Hamp;
d
Victoria;
e
Wyndham.
Wards of the parish of Burnham-on-Sea and Highbridge and number of councillors
5
1
The existing wards of the parish of Burnham-on-Sea and Highbridge are abolished.
2
The parish is divided into six wards named respectively —
a
Burnham Central and South;
b
Burnham East;
c
Burnham Marine;
d
Burnham North;
e
Burnham West;
f
Highbridge.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Six councillors are to be elected for Burnham North ward.
5
Five councillors are to be elected for Highbridge ward.
6
Three councillors are to be elected for Burnham Central and South ward.
7
Two councillors are to be elected for Burnham East ward.
8
One councillor is to be elected for each of the following wards:
a
Burnham Marine;
b
Burnham West.
Wards of the parish of Burnham Without and number of councillors
6
1
The parish of Burnham Without is divided into three wards named respectively —
a
Brue;
b
Edithmead;
c
Highbridge and Burnham Marine.
2
Each ward comprises the area designated on the map by reference to the name of the ward.
3
Three councillors are to be elected for Highbridge and Burnham Marine ward.
4
Two councillors are to be elected for each of the following wards:
a
Brue;
b
Edithmead.
Wards of the parish of Durleigh and number of councillors
7
1
The parish of Durleigh is divided into two wards named respectively —
a
Bridgwater Wyndham;
b
Durleigh.
2
Each ward comprises the area designated on the map by reference to the name of the ward.
3
Five councillors are to be elected for Bridgwater Wyndham ward.
4
One councillor is to be elected for Durleigh ward.
Wards of the parish of North Petherton and number of councillors
8
1
The existing wards of the parish of North Petherton are abolished.
2
The parish is divided into four wards named respectively —
a
Hamp Bridge;
b
North Newton;
c
North Petherton;
d
Northmoor Green.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Ten councillors are to be elected for North Petherton ward.
5
Two councillors are to be elected for North Newton ward.
6
One councillor is to be elected for each of the following wards:
a
Hamp Bridge;
b
Northmoor Green.
Wards of the parish of Wembdon and number of councillors
9
1
The parish of Wembdon is divided into two wards named respectively —
a
Bridgwater Victoria;
b
Wembdon.
2
Each ward comprises the area designated on the map by reference to the name of the ward.
3
Seven councillors are to be elected for Wembdon ward.
4
Three councillors are to be elected for Bridgwater Victoria ward.
Wards of the parish of West Huntspill and number of councillors
10
1
The parish of West Huntspill is divided into two wards named respectively —
a
Alstone;
b
West Huntspill.
2
Each ward comprises the area designated on the map by reference to the name of the ward.
3
Six councillors are to be elected for West Huntspill ward.
4
One councillor is to be elected for Alstone ward.
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:
Citation and commencement
1
1
These Regulations may be cited as the Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) (No.2) Regulations 2011 and, subject to paragraph (2), come into force on 1st December 2011.
2
The following paragraphs of regulation 2 come into force on 1st April 2012 —
a
paragraphs (2)(a)(iii) and (3); and
b
paragraph (6)(d), so far as it concerns regulation 4(2)(f) of the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 .
Amendment of Regulations
2
1
The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 are amended in accordance with paragraphs (2) to (10).
2
In regulation 2 (interpretation) —
a
in paragraph (1) —
i
delete the definition of “the 1982 Regulations”;
ii
after the definition of “the 1984 Act” insert —
“date of issue” means the date on which a disabled person’s badge is first valid for use;
and
iii
after the definition of “holder” insert —
“independent mobility assessor” means a person (“person A”) who at the time of any assessment of another person (“person B”) for the purposes of the certification referred to in regulation 4(2)(f) —
is recognised by the local authority to which the application for a disabled person’s badge is being made as —
holding a professional qualification, the obtaining of which involved person A being trained in the assessment of a person’s ability to walk; and
having the expertise necessary to assess on behalf of the local authority the ability to walk of person B;
has never been employed or engaged as a provider of medical services to person B where “medical services” includes all forms of medical treatment and investigations to establish whether treatment is needed but does not include an assessment conducted to establish whether person B is eligible for services provided by a local authority (including the provision of a disabled person’s badge); and
is not, in the opinion of the local authority, precluded by reason of personal or commercial relationship with person B from providing an independent assessment of person B’s ability to walk;
;
b
replace paragraph (3) with —
3
In these Regulations “relevant conviction” means any conviction for an offence specified in paragraph (4) committed in relation to a disabled person’s badge of —
a
the holder of that badge; or
b
any other person using that badge with the knowledge of the holder at any time during which the offence was being committed.
; and
c
replace paragraph (4) with —
4
The offences mentioned in paragraph (3) are any offence —
a
under section 21(4B) of the 1970 Act;
b
under section 115 or 117 of the 1984 Act; or
c
involving dishonesty or deception under any other provision of the 1970 Act, of the 1984 Act or of any other legislation applicable in the United Kingdom, or any part of the United Kingdom.
.
3
In regulation 4 (descriptions of disabled persons) —
a
in paragraph (2)(f) delete “has” and insert “subject to paragraph (3A), has been certified by an independent mobility assessor as having”; and
b
after paragraph (3) insert —
3A
A person is to be deemed to be within the description set out in paragraph (2)(f) in the absence of the certification otherwise required if, in the opinion of the local authority to which the application for a disabled person’s badge is being made, it is self evident by reason of the information the authority has about the person that the person has a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking.
.
4
In regulation 6 (fee for issue and period of issue of a badge) in paragraph (1) insert at the end “in the case of badges which have a date of issue before 1st January 2012 and £10 in the case of badges which have a date of issue on or after 1st January 2012”.
5
In regulation 7 (replacement badges) in paragraph (1) —
a
after the word “vehicle” insert “or which otherwise prevents it from being identified correctly or distinguished from a forgery”;
b
replace “with the word “duplicate” marked on the front” with “in a form which identifies by consecutive numbering each successive badge issued to the disabled person or organisation (as the case may be) by the issuing authority”.
6
In regulation 8 (grounds for refusal to issue a badge) —
a
in paragraph (2)(a) —
i
delete “or under the 1982 Regulations”; and
ii
replace “at least three relevant convictions” with “a relevant conviction”;
b
at the end of paragraph (2)(b)(i) insert “or that he is resident in the area of that local authority”;
c
at the end of paragraph (2)(c) delete “or”; and
d
after paragraph (2)(d)(ii) insert —
e
in the case of an application made pursuant to regulation 4(2)(f), a report by an independent mobility assessor stating that one of the criteria specified in that provision is satisfied has not been made available to the local authority in a form satisfactory to the local authority; or
f
the applicant already holds a valid badge which has been issued by another issuing authority.
.
7
In regulation 9 (return of badge to issuing authority) —
a
at the end of paragraph (1)(e) insert “or has suffered any other damage which otherwise prevents it from being identified correctly or distinguished from a forgery”;
b
at the end of paragraph (1)(f) insert “or another valid badge is issued to the holder by another issuing authority”;
c
in paragraph (2)(a) replace “at least three relevant convictions” with “a relevant conviction”; and
d
at the end of paragraph (2)(b) insert “or that the holder has purported to transfer the badge to another person”.
8
In regulation 10, delete paragraph (4).
9
Replace regulation 11 (form of badge) with —
Form of Badge
11
1
Paragraph (2) applies in respect of a badge with a date of issue before 1st January 2012 and paragraph (3) applies in respect of a badge with a date of issue on or after that date.
2
A disabled person’s badge is in the prescribed form if —
a
the front and reverse of the badge are in the form shown in —
i
Part 1 of the Schedule in the case of an individual’s badge; or
ii
Part 2 of the Schedule in the case of an organisational badge; and
b
the badge complies with the specifications in Part 3 of the Schedule.
3
A disabled person’s badge is in the prescribed form if —
a
the front and reverse of the badge are in the form shown in —
i
Part 1A of the Schedule in the case of an individual’s badge (with the omission of the word “sample” where it appears); or
ii
Part 2A of the Schedule in the case of an organisational badge (with the omission of the word “sample” where it appears); and
b
the badge complies with the specifications in Part 3A of the Schedule.
10
In the Schedule —
a
in Part 1 (Individual’s Badge), after the heading “Individual’s Badge”, insert “(with a date of issue before 1st January 2012)”;
b
after Part 1, insert the provision set out in Schedule 1 to these Regulations;
c
in Part 2 (Organisational Badge), after the heading “Organisational Badge”, insert “(with a date of issue before 1st January 2012)”;
d
after Part 2, insert the provision set out in Schedule 2 to these Regulations;
e
in Part 3 (Specifications for Badge), after the heading “Specifications for Badge”, insert “(with a date of issue before 1st January 2012)”; and
f
after Part 3, insert the provision set out in Schedule 3 to these Regulations.
Signed by authority of the Secretary of State
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
3rd November 2011


text:
Citation and commencement
1
These Regulations may be cited as the Excise Goods (Holding, Movement and Duty Point) (Amendment) Regulations 2011 and come into force on 1st October 2011.
Amendments to the Excise Goods (Holding, Movement and Duty Point) Regulations 2010
2
Amend the Excise Goods (Holding, Movement and Duty Point) Regulations 2010 as follows.
3
In paragraph (1) of regulation 3 (interpretation), in paragraphs (b) and (d) of the definition of “EU requirements”, after “dispatches from” insert “, or movements wholly within,”.
4
In paragraph (1) of regulation 7 (time when goods leave a duty suspension arrangement) in sub-paragraphs (a)(i) and (g)(i) for “35(1)(a)” substitute “35(a)”.
5
In paragraph (4)(h) of regulation 13 (goods already released for consumption in another Member State-excise duty point and persons liable to pay) —
a
for “3200 cigarettes” substitute “800 cigarettes”; and
b
for “3 kilogrammes” substitute “1 kilogramme”.
6
In regulation 46 (report of export from territory of the EU) for paragraphs (2) to (5) substitute —
2
If the customs office of exit is in another Member State the Commissioners must, when they receive an endorsement drawn up by that office certifying that the excise goods have left the territory of the EU, carry out an electronic verification of the data resulting from the endorsement.
3
When the data referred to in paragraph (2) has been verified the Commissioners must send a report of export to the consignor using the computerised system.
4
If the Member State of export is another Member State the Commissioners must, when they receive a report of export from the competent authorities of that State, send it to the consignor using the computerised system.
5
If the customs office of exit is in the United Kingdom the Commissioners must, on the basis of an endorsement drawn up by that office certifying that the excise goods have left the territory of the EU, send a report of export to the consignor using the computerised system.
6
A report of export shall constitute proof that the movement of the excise goods referred to in the report has ended.
7
Without prejudice to paragraph (6), a certification by the competent authorities of the Member State in which the customs office of exit is located that the excise goods have left the territory of the EU shall constitute proof that the movement of those goods has ended.
.
7
At the beginning of regulation 56 (application of Part 8), for “This” substitute “Subject to regulation 58(3), this”.
8
In regulation 60 (procedure for movement of excise goods under duty suspension arrangements wholly within the United Kingdom when computerised system unavailable) in paragraph (1) after “This regulation” insert “, regulation 60A”.
9
After regulation 60 insert —
Procedure for amending destination when computerised system unavailable
60A
1
If, in accordance with regulation 58(3), the destination shown on the electronic administrative document is amended, the consignor must, before the destination is amended, notify the Commissioners of the new destination.
2
As soon as the computerised system is restored, the consignor must notify the Commissioners of the new destination using the computerised system.
3
The consignor must ensure that the information notified to the Commissioners in accordance with paragraph (1) —
a
is in the form required by Article 8(2) of Commission Regulation (EC) 684/2009 ; and
b
includes the data elements numbered (f) in Group 2, (a) in Group 7 and Group 8 of Table 3 in the Annex to that Regulation.
.
10
1
In regulation 62 (simplified procedures for certain movements of alcoholic liquors) —
a
for paragraph (2) substitute —
2
Subject to the conditions specified in paragraph (3), alcoholic liquors to which this regulation applies may be removed without payment of duty from the premises referred to in paragraphs (2A) to (2E) to any other such premises without being under the cover of an electronic administrative document.
2A
In the case of beer —
a
premises in respect of which —
i
the producer of the beer or a packager is registered under section 41A of ALDA 1979 (beer stores);
ii
the producer of the beer is registered under section 47(1) of ALDA 1979 (breweries);
b
an excise warehouse approved for the deposit, keeping and securing of beer.
2B
In the case of wine and made-wine —
a
premises in respect of which the producer of the wine or made-wine holds a licence under section 54(2) or 55(2) of ALDA 1979 (wineries);
b
an excise warehouse approved for the deposit, keeping and securing of wine or made-wine.
2C
In the case of cider —
a
premises in respect of which the maker of the cider is registered under section 62(2) of ALDA (cider maker’s premises);
b
an excise warehouse approved for the deposit, keeping and securing of cider.
2D
In the case of spirits an excise warehouse approved for the deposit, keeping and securing of spirits.
2E
In respect of any alcoholic liquors —
a
premises in respect of which a person other than the producer or manufacturer of the alcoholic liquors is —
i
registered or holds a licence under any of the provisions referred to in paragraphs (2A) to (2C); or
ii
the authorised warehousekeeper; and
b
that person and the producer or manufacturer are treated as members of a group under sections 43A to 43D of the Value Added Tax Act 1994 .
.
b
In paragraph (3)(c) for “referred to in paragraph (2)(e) and (f)” substitute “to which paragraph (2E) applies”.
c
In paragraph (4) for “paragraphs (2)(e) and (3)(c)” substitute “paragraph (3)(c)”.
d
In paragraph (5) —
i
after the definition for “beer” insert —
“cider” has the meaning given in section 1(6) of that Act;
“made-wine” has the meaning given in section (1)(5) of that Act;
;
ii
at the end of the definition for “spirits” omit “and”;
iii
at the end of the definition for “packager” omit the full stop and insert “; and”;
iv
after the definition for “packager” insert —
“wine” has the meaning given in section 1(4) of that Act.
.
2
Regulation 62(1) of the Excise Goods (Holding, Movement and Duty Point) Regulations 2010 is subject to the amendments made by this regulation, and these amendments only have effect in relation to a movement of alcoholic liquors under duty suspension arrangements which starts in the United Kingdom on or after 1st October 2011.
11
After regulation 63 (simplified procedure for certain movements of tobacco products) insert —
Simplified procedure for direct exports of alcoholic liquors and tobacco products
63A
1
Subject to the conditions specified in paragraph (2), alcoholic liquors and tobacco products may be removed without payment of duty from any of the premises referred to in regulation 62 or 63 (including an excise warehouse) to a place in the United Kingdom from where they will leave the territory of the EU without being under the cover of an electronic administrative document.
2
The specified conditions are —
a
the occupier of the premises must have been granted authorisation to use the local clearance procedure;
b
that authorisation must require that a full customs declaration is made; and
b
in a case where a guarantee was required in accordance with regulation 39, the person providing the guarantee must be shown on that declaration.
3
In this regulation —
“alcoholic liquors” has the meaning given in regulation 62(5);
“authorisation to use the local clearance procedure” means the authorisation referred to in article 283 of Commission Regulation 2454/93 ; and
“full customs declaration” means a declaration that contains all the particulars set out in Annex 37 of that Regulation.
.
12
In Schedule 1 (civil penalties-relevant regulations) —
a
before the entry for regulation 61 insert “60A (procedure for amending destination when computerised system unavailable);” and
b
before the entry for regulation 65 insert “63A(2) (conditions applying to simplified procedure for direct exports of alcoholic liquors and tobacco products);”.
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
8th September 2011


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Excise Duties (Road Fuel Gas) (Reliefs) (No. 2) Regulations 2011.
2
They come into force on 1st January 2012 and only have effect in relation to road fuel gas that is charged with duty on or after that date and before 1st August 2012.
3
In these Regulations, “duty” means the duty of excise charged by section 8(1) or (2) of the Hydrocarbon Oil Duties Act 1979 .
Relief
2
Relief from duty is allowed as follows —
a
in the case of natural road fuel gas, 4.37 pence a kilogram is remitted; and
b
in the case of any other road fuel gas, 5.73 pence a kilogram is remitted.
3
The Excise Duties (Road Fuel Gas) (Reliefs) Regulations 2011 are revoked.
Steve Lamey
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
22nd December 2011


text:
Application, citation and commencement
1
These Regulations, which apply to England only, may be cited as the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (England) (No.2) Regulations 2011 and shall come into force on 3rd August 2011.
Amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989
2
1
The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 are amended as follows.
2
In regulation 7(1), after “paragraph (1B)”, insert “or paragraph 1C”.
3
After regulation 7(1B), insert —
1C
Unless an agreement under paragraph (3) in relation to the relevant year has been reached between the ratepayer and the billing authority before the demand notice is issued, where —
a
the chargeable financial year begins on 1st April 2012;
b
it appears to the billing authority that the estimate of the amount payable for that year would fall to be calculated by reference to section 43(4A) of the Act or by reference to the rules prescribed in regulation 10(6) of the Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2009; and
c
the rateable value of the hereditament concerned is not more than £12,000,
a notice to which regulation 6(1) applies shall require the estimate of the amount payable to be paid in instalments in accordance with Schedule 1G.
4
In regulation 7(3), after “1F”, insert “or 1G”.
5
In regulation 7(4), after “1F”, insert “or 1G”.
6
In regulation 8(1) —
a
In sub-paragraph (b), after “1F”, insert “or 1G”; and
b
In sub-paragraph (c), after “1F”, insert “or 1G”.
7
In Schedule 1E —
a
in sub-paragraph 5(3), in paragraph 7 of Schedule 1 (as substituted) —
i
in sub-paragraph (1), before “this paragraph”, insert “Subject to sub-paragraph (1A)”; and
ii
after sub-paragraph (1), insert —
1A
This paragraph does not apply in a case to which paragraph 7D, as modified by Schedule 1E, applies.
;
b
for sub-paragraph (7), substitute —
7
a
paragraphs 7A, 7B and 7C shall not apply;
b
paragraph 7D shall have effect as if the references to “2010” were references to “2011”; and
c
paragraph 7E shall not apply.
;
c
renumber sub-paragraph (7) as sub-paragraph (4);
d
renumber sub-paragraph (8) as sub-paragraph (5); and
e
renumber sub-paragraph (9) as sub-paragraph (6).
8
After Schedule 1F, insert Schedule 1G as set out in the Schedule to these Regulations.
Amendment of the Non-Domestic Rating Contributions (England) Regulations 1992
3
For the financial year beginning on 1st April 2011, regulation 6 (recalculation of provisional amounts) of the Non-Domestic Rating Contributions (England) Regulations 1992 shall have effect as if there were omitted paragraphs (2)(b) and (4).
Signed by authority of the Secretary of State for Communities and Local Government
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
7th July 2011


text:
Citation and commencement
1
These Regulations —
a
may be cited as the Marine Licensing (Register of Licensing Information) Regulations 2011; and
b
come into force on 6th April 2011.
Interpretation
2
1
In these Regulations —
a
“ the Act ” means the Marine and Coastal Access Act 2009;
b
a reference to an application is a reference to an application for a marine licence, but in regulations 4 to 12 does not include an application submitted and subsequently withdrawn;
c
“co-ordinates” means —
i
co-ordinates of latitude and longitude on the World Geodetic System 1984, or
ii
co-ordinates on the National Grid used by the Ordnance Survey.
2
A reference in these Regulations to a numbered item is a reference to that numbered item in section 66(1) of the Act (which identifies licensable marine activities).
Application
3
These Regulations apply in relation to any area, and any licensable marine activity carried on in that area, for which the Secretary of State is the appropriate licensing authority under section 113 of the Act (and references in these Regulations to “the licensing authority” are to be read accordingly).
The register and prescribed particulars
4
1
The register may be kept in any form.
2
The register must contain the particulars prescribed in these Regulations.
3
Regulation 5 prescribes particulars relating to all applications and marine licences.
4
Regulations 6 to 12 prescribe additional particulars relating to particular types of applications and marine licences.
5
Regulations 13 and 14 prescribe particulars relating to variations, revocations, suspensions and transfers of marine licences.
6
Regulations 15 to 17 prescribe particulars relating to convictions, other enforcement action and remedial action.
7
The licensing authority must include in the register the particulars prescribed by regulations 5 to 14 as soon as reasonably practicable after receiving or generating the information in question.
8
In this regulation, “the register” means the register of licensing information maintained under section 101 of the Act by the Secretary of State as the appropriate licensing authority.
General particulars for applications and marine licences
5
The particulars relating to all applications and all marine licences are —
a
the date the application was made;
b
the application reference number or licence number issued by the licensing authority;
c
the application reference number or licence number of any other application or licence that the licensing authority considers is related to the application or licence in question;
d
the name and address of the applicant or licence holder;
e
the name and address of any agent, contractor or sub-contractor proposed to be engaged in the activity to which the application or licence relates;
f
any marine plan area to which the application or licence relates;
g
the dates of commencement and expiry of the licence (as sought, in the case of an application, and as granted, in the case of a licence);
h
the date the licence was granted;
i
details of any conditions subject to which the licence was granted;
j
details supplied with the application of any studies of the potential environmental and human health effects of the activity to be licensed;
k
details of any information supplied, article produced, or the result of any investigation, examination or test carried out, under section 67(4) of the Act (power to require applicant to supply information etc ) or any such information, article or result otherwise supplied or produced as part of the application.
Deposit of substances or objects
6
1
This regulation applies in relation to applications and marine licences to carry on a licensable marine activity which falls within item 1, 2 or 3 (deposit of substances or objects).
2
The additional particulars are —
a
the description, composition and quantity of the substance or object to be deposited;
b
the name and description of any vehicle, vessel, aircraft, marine structure or floating container from which the deposit is to be made, and, in the case of any vessel, its registration number and country of registration;
c
the co-ordinates at which the deposit is to be made;
d
where the activity takes places within item 1(c), the coordinates of the structure on land from which the deposit is to be made;
e
where the activity falls within item 3, the co-ordinates at which the loading is to take place;
f
in the case of a deposit for the purpose of disposal, details of any alternative methods of disposal considered by the applicant and the reason for seeking to deposit the substance or object in the sea.
Scuttling
7
1
This regulation applies in relation to applications and marine licences to carry on a licensable marine activity which falls within item 4, 5 or 6 (scuttling of vessels or floating containers).
2
The additional particulars are —
a
the intended date of the scuttling;
b
the name of the vessel or floating container to be scuttled and, in the case of any vessel, its registration number and country of registration;
c
the co-ordinates at which the vessel or floating container is to be scuttled;
d
a description of any cargo of the vessel or floating container by reference to its composition and quantity.
Construction, alteration or improvement of works
8
1
This regulation applies in relation to applications and marine licences to carry on a licensable marine activity which falls within item 7 (construction, alteration or improvement of works).
2
The additional particulars are —
a
a description of the works to be carried out, and the dates on or between which the works are to be carried out;
b
the co-ordinates at which the construction, alteration or improvement of works is to take place.
Use of vehicle etc to remove substances or objects from sea bed
9
1
This regulation applies in relation to applications and marine licences to carry on a licensable marine activity which falls within item 8 (use of vehicle, vessel etc to remove substances or objects from the sea bed).
2
The additional particulars are —
a
a description of the substance or object to be removed from the sea bed;
b
the name and description of any vehicle, vessel, aircraft, marine structure or floating container intended to be used to remove the substance or object from the sea bed, and, in the case of any vessel, its registration number and country of registration;
c
the co-ordinates from which the object or substance is to be removed;
d
the reason for seeking to remove the substance or object from the sea bed;
e
details of any alternative methods of removal considered by the applicant.
Dredging
10
1
This regulation applies in relation to applications and marine licences to carry on a licensable marine activity which falls within item 9 (dredging).
2
The additional particulars are —
a
details of the type of dredging to be carried out;
b
the co-ordinates at which the dredging is to be carried out;
c
any information held by the licensing authority as to the contamination of the material to be dredged.
Deposit or use of explosives
11
1
This regulation applies in relation to applications and marine licences to carry on a licensable marine activity which falls within item 10 (deposit or use of explosive substance or article).
2
The additional particulars are —
a
the co-ordinates at which the explosive substance or article is to be deposited or used;
b
a description, including its quantity, of that explosive substance or article;
c
details of the purpose of the deposit or use of that explosive substance or article.
Incineration or loading vehicle etc for incineration
12
1
This regulation applies in relation to applications and marine licences to carry on a licensable marine activity which falls within item 11, 12 or 13 (incineration of substances or objects or loading of vehicle, vessel etc for incineration).
2
The additional particulars are —
a
a description of the substance or object to be incinerated, together with its composition and quantity;
b
the name and description of any vehicle, vessel, aircraft, marine structure or floating container on which the incineration is to take place or which is to be loaded, and, in the case of any vessel, its registration number and country of registration;
c
the co-ordinates at which the incineration is to take place;
d
where the activity falls within item 13, the co-ordinates at which the loading is to take place;
e
details of any alternatives to incineration considered by the applicant and the reason for seeking to incinerate the substance or object.
Variation, revocation or suspension of marine licences
13
The particulars in relation to any variation, revocation or suspension of a marine licence are —
a
the licence number;
b
the date of the variation, revocation or suspension;
c
the reason for the variation, revocation or suspension;
d
in the case of a variation, details of the variation.
Transfer of licences
14
The particulars in relation to any transfer of a marine licence are —
a
the licence number;
b
the name and address of the person to whom the licence has been transferred;
c
the date of the transfer.
Convictions
15
1
The particulars in relation to any conviction for any offence under Part 4 of the Act are —
a
the provision of that Act under which the person has been convicted;
b
the marine licence number (where applicable);
c
the name and address of the person convicted;
d
the date of the offence;
e
the reason for the prosecution;
f
the court where the case was heard;
g
the date of conviction;
h
any penalty imposed by the court.
2
In paragraph (1), “conviction” does not include a conviction that has been overturned on appeal.
Other enforcement action
16
1
The particulars in relation to any enforcement action taken in relation to Part 4 of the Act are —
a
the marine licence number (where applicable);
b
the name and address of the person against whom the enforcement action was taken;
c
the type of enforcement action taken;
d
the date of the offence or other activity in relation to which the enforcement action was taken;
e
the reason for the enforcement action.
2
In paragraph (1), “enforcement action” means the issue of a compliance notice, remediation notice, stop notice, or emergency safety notice , but does not include any such notice that has been overturned on appeal.
Remedial action
17
The particulars relating to any works carried out by the licensing authority under section 106 of the Act are —
a
the marine licence number (if applicable);
b
the date of the works;
c
the type of works undertaken;
d
the co-ordinates at which the works were carried out;
e
the reason for the works.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
9th February 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nuffield Orthopaedic Centre National Health Service Trust (Transfer of Trust Property) Order 2011 and shall come into force on 1st November 2011.
2
In this Order —
“the trustees” means the trustees for the Oxford University Hospitals National Health Service Trust ;
“the old Trust” means the Nuffield Orthopaedic Centre National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the trustees and signed on behalf of the old Trust and on behalf of the trustees on 9th September 2011 .
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the trustees.
2
In any instrument relating to the trust property, any reference to the trustees of the trust property or to the old Trust shall be construed as a reference to the trustees.
Signed by authority of the Secretary of State for Health.
Paul Burstow
Minister of State,
Department of Health
4th October 2011


text:
Citation, extent and commencement
1
1
These Regulations may be cited as the Local Government Pension Scheme (Benefits, Membership and Contributions) (Amendment) Regulations 2011.
2
These Regulations extend to England and Wales and shall come into force on 1st April 2011.
Amendment of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007
2
The Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 are amended in accordance with regulations 3 to 5.
3
In regulation 20 (early leavers: ill-health) —
a
for paragraph (4) substitute —
4
If the authority determine that it is likely that he will be capable of undertaking gainful employment within three years of leaving his employment, or before reaching normal retirement age if earlier, his benefits —
a
are those that he would have received if the date on which he left his employment were the date on which he would have retired at normal retirement age; and
b
unless discontinued under paragraph (8), are payable for so long as he is not in gainful employment.
;
b
in paragraph (11)(aa), for “paragraph (8)(b)” substitute “paragraph (8)”; and
c
in paragraph (14), for ““qualified in occupational health medicine” means an independent registered medical practitioner (“ IRMP ”)” substitute —
“an independent registered medical practitioner (“IRMP”) qualified in occupational health medicine” means a practitioner who is registered with the General Medical Council and —
holds a diploma in occupational health medicine (D Occ Med) or an equivalent qualification issued by a competent authority in an EEA state; and for the purposes of this definition, “competent authority” has the meaning given by section 55(1) of the Medical Act 1983 ; or
is an Associate, a Member or a Fellow of the Faculty of Occupational Medicine or an equivalent institution of an EEA state.
.
4
In regulation 24 (survivor benefits: active members) , in paragraph (2A), for “pay” substitute “membership”.
5
In regulation 31 (early payment of pension: ill-health) , for paragraph (3) substitute —
3
In this regulation, “gainful employment”, “IRMP” and “permanently incapable” have the meaning as given to those expressions by regulation 20(14).
Signed by authority of the Secretary of State for Communities and Local Government
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
28th February 2011


text:
Citation and commencement
1
This Order may be cited as the Aerodromes (Designation) (Detention and Sale of Aircraft) (England and Wales) (Amendment) Order 2011 and comes into force on 13th April 2011.
Extent
2
This Order extends to England and Wales.
Amendment of Order
3
1
The Aerodromes (Designation) (Detention and Sale of Aircraft) (England and Wales) Order 2009 is amended as follows.
2
In Schedule 1, after the entry for Carlisle, insert “Cotswold”.
Signed by authority of the Secretary of State for Transport
Theresa Villiers
Minister of State
Department for Transport
16th March 2011