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PART 1 INTRODUCTORY
Citation and commencement
1
1
These Regulations may be cited as the Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2009 and shall come into force on 2 June 2009.
Interpretation
2
1
In these Regulations–
“the 1989 Act ” means the Electricity Act 1989;
“applicant” means any person who submits a pre-qualification questionnaire to the Authority in accordance with these Regulations;
“the Authority” means the Gas and Electricity Markets Authority;
“best and final offer” means a submission by a qualifying bidder to the Authority in response to the best and final offer documentation sent in accordance with regulation 15(3);
“bidder group” means two or more persons approved by the Authority acting together for the purposes of any submission to the Authority in accordance with these Regulations;
“connection offer” means an offer by the holder of a co-ordination licence of a connection to or modification of a connection to the transmission system;
“cost recovery methodology” means the methodology for calculating and recovering the Authority’s tender costs in relation to a particular tender exercise published by the Authority in accordance with regulation 23(2);
“data room” means a secure store of information in respect of a qualifying project to be maintained by the Authority;
“developer” means any person within section 6D(2)(a) of the 1989 Act;
“entry conditions” means the conditions specified in paragraph 1 or 2 of Schedule 2;
“information memorandum” means a memorandum of that description issued by the Authority to a qualifying applicant containing in summary form information in respect of a qualifying project;
“preferred bidder” has the meaning given in paragraph 35(1) of Schedule 2A to the 1989 Act;
“pre-qualification questionnaire” means a questionnaire of that description published by the Authority in accordance with regulation 9(2);
“qualification to tender questionnaire” means a questionnaire of that description published by the Authority in accordance with regulation 9(2);
“qualifying applicant” means an applicant determined as a qualifying applicant in accordance with regulation 10(2);
“qualifying bidder” means a qualifying applicant determined as a qualifying bidder in accordance with regulation 12(1);
“qualifying project” means a project as determined in accordance with regulation 5(3);
“reserve bidder” means a qualifying bidder determined as a reserve bidder in accordance with regulation 15(5) in relation to the best and final offer stage or regulation 14(4) in any other case;
“security” includes a charge over a bank account or any other asset, a deposit of money, a performance bond or bank guarantee, an insurance policy or a letter of credit;
“tender” means a submission by a qualifying bidder to the Authority in response to the invitation to tender documentation sent in accordance with regulation 13(2);
“tender rules” means the rules in relation to a particular tender exercise published by the Authority in accordance with regulation 7(4);
“transfer agreement” means the agreement to transfer any property, rights or liabilities in or relating to transmission assets from a developer to a successful bidder in respect of a particular qualifying project;
“transmission assets” has the meaning given in paragraph 1(3)(a) of Schedule 2A to the 1989 Act; and
“transmission services” has the meaning given in the standard conditions of a transmission licence.
2
Any notice required to be given by the Authority in accordance with these Regulations shall be given by publication in such manner as the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.
PART 2 CALCULATION AND PAYMENT OF COSTS INCURRED IN CONNECTION WITH TRANSMISSION ASSETS FOR A TRANSITIONAL TENDER EXERCISE
Calculation of costs
3
1
Prior to commencing a transitional tender exercise in relation to a qualifying project, the Authority shall calculate the economic and efficient costs which ought to be, or ought to have been, incurred in connection with developing and constructing the transmission assets, based on all relevant information available to the Authority, in accordance with paragraph (2).
2
The calculation of costs in paragraph (1) shall be–
a
where the construction of the transmission assets has not reached the stage when those transmission assets are available for use for the transmission of electricity, an estimate of the costs which ought to be incurred in connection with the development and construction of those transmission assets, or
b
where the construction of the transmission assets has reached the stage when those transmission assets are available for use for the transmission of electricity, an assessment of the costs which ought to have been incurred in connection with the development and construction of those transmission assets.
3
Where the Authority–
a
has previously estimated the costs in accordance with paragraph (2)(a); and
b
is satisfied with the evidence provided by the developer that those transmission assets are available for use for the transmission of electricity,
the Authority shall, as soon as reasonably practicable, assess the costs which ought to have been incurred in connection with the development and construction of those transmission assets.
4
The developer shall provide such further information to the Authority as the Authority reasonably requires to enable it to estimate, in accordance with paragraph (2)(a), or assess, in accordance with paragraph (2)(b) or (3), the costs which ought to be, or ought to have been, incurred in connection with the development and construction of those transmission assets.
Payment of costs
4
1
Where the Authority has estimated the costs in accordance with regulation 3(2)(a), it shall, as soon as reasonably practicable, give notice to the developer to make a payment to the Authority of a sum determined in accordance with the Authority’s cost recovery methodology in relation to estimating those costs.
2
Where the Authority has assessed the costs in accordance with regulation 3(2)(b) or 3(3), it shall, as soon as reasonably practicable after the transitional tender exercise has been held in accordance with these Regulations, give notice to the successful bidder to make a payment to the Authority of a sum determined in accordance with the Authority’s cost recovery methodology in relation to assessing those costs.
PART 3 QUALIFYING PROJECTS AND DEVELOPER’S PAYMENT AND SECURITY
Qualifying projects
5
1
A developer who wishes the Authority to publish a notice in accordance with regulation 7 in order to commence a tender exercise, shall make a request to that effect in writing to the Authority.
2
Where the Authority has received one or more requests in accordance with paragraph (1), the Authority shall, as soon as reasonably practicable thereafter, determine whether each of those requests relate to a qualifying project.
3
A qualifying project is a project of which the Authority is satisfied–
a
in the case of a transitional tender exercise, it is one where either–
i
the requirements specified in paragraph 2 of Schedule 1 have been met; or
ii
the provision specified in paragraph 3 of Schedule 1 applies; or
b
in any other case, it is one where the requirements specified in paragraph 1 of Schedule 1 have been met.
4
For the purposes specified in paragraph (3)(b), the Authority may determine that the requirement in paragraph 1(a) of Schedule 1 is met where–
a
the connection offer has been referred to the Authority for determination in accordance with the provisions of a transmission licence; and
b
the matter that has been referred to the Authority would not, in the opinion of the Authority, have a material impact on the design of the changes required to be made to the transmission system as specified in that connection offer.
5
The Authority may request the developer to provide any other information it considers necessary in order to carry out its assessment in relation to paragraphs 1, 2 or 3 of Schedule 1.
6
Where the Authority determines that a request relates to a qualifying project in accordance with paragraph (2), it shall give notice of that fact to the developer who made the request.
7
Where the Authority determines that a request does not relate to a qualifying project in accordance with paragraph (2), it shall give notice of that fact to the developer who made the request and give reasons for its determination.
8
Where the developer disagrees with the Authority’s determination as notified to the developer in accordance with paragraph (7), the developer may make representations in writing to the Authority within seven days from receipt of the notice.
9
The Authority shall consider any representations received from a developer in accordance with paragraph (8) and decide whether to amend its determination made in accordance with paragraph (2).
10
The Authority shall give notice to the developer of the decision made in accordance with paragraph (9) and give reasons for its decision.
Developer’s payment and security
6
1
Prior to publishing a notice in accordance with regulation 7, the Authority shall give notice to the developer of–
a
the amount of payment that the Authority requires to be paid by the developer in relation to the Authority’s tender costs as calculated in accordance with the Authority’s cost recovery methodology for that tender exercise; and
b
the security that the Authority requires to be provided by the developer or such other person with whom the developer has made arrangements and has been approved by the Authority, in relation to the Authority’s tender costs as calculated in accordance with the Authority’s cost recovery methodology for that tender exercise.
PART 4 COMMENCEMENT OF A TENDER EXERCISE
Commencement of a tender exercise
7
1
As soon as reasonably practicable after the Authority has–
a
determined that one or more requests relate to a qualifying project in accordance with regulation 5; and
b
received payment and security from the developer in accordance with regulation 6,
the Authority shall publish a notice of its intention to commence a tender exercise in respect of those determined qualifying projects specifying the date on which the tender exercise shall be commenced in a given calendar year.
2
The Authority may, after consulting a developer in respect of a particular qualifying project, publish a notice specifying the date on which that particular tender exercise in respect of that particular qualifying project shall be commenced (which may be earlier or later than the date specified in accordance with paragraph (1)).
3
Where the Authority has published a notice in accordance with paragraph (1) or (2) and the Authority subsequently determines that it is impracticable to commence a tender exercise on the date specified in that notice, the Authority shall publish a notice specifying a revised date on which that tender exercise shall be commenced.
4
The Authority shall publish the tender rules no later than the date on which the tender exercise is to be commenced as specified in a notice published in accordance with paragraph (1), (2) or (3).
PART 5 ENTRY CONDITIONS
Entry conditions in respect of qualifying projects
8
1
As soon as reasonably practicable after the Authority has published a notice in accordance with regulation 7 it shall give notice to the developer of–
a
the information that the Authority requires in order to be satisfied–
i
in the case of a transitional tender exercise, that the conditions specified in paragraph 2 of Schedule 2 have been met in respect of that particular qualifying project; or
ii
in any other case, that the conditions specified in paragraph 1 of Schedule 2 have been met in respect of that particular qualifying project; and
b
the date by which each of the conditions specified in paragraph 1 or 2 of Schedule 2 must be met by the developer in respect of that qualifying project.
2
The Authority may request the developer to provide any other information it considers necessary in order to satisfy itself that the conditions specified in paragraph 1 or 2 of Schedule 2 have been met.
PART 6 PRE-QUALIFICATION STAGE
Pre-Qualification
9
1
In relation to a tender exercise, there shall be a pre-qualification stage in respect of all qualifying projects within that tender exercise in order to determine which applicants shall become qualifying applicants.
2
On the date specified in the notice published in accordance with regulation 7, the Authority shall commence the pre-qualification stage by publishing the qualification documentation, which shall include the information specified in Schedule 3.
Determination of qualifying applicants
10
1
The Authority shall evaluate each completed pre-qualification questionnaire submitted to it by an applicant in accordance with the selection criteria set out in the qualification documentation.
2
Where the Authority determines that an applicant has met the pre-qualification questionnaire selection criteria set out in the qualification documentation, that applicant shall become a qualifying applicant.
3
The Authority may decline to consider a pre-qualification questionnaire submitted to it by an applicant where the Authority determines that the submitted pre-qualification questionnaire does not comply in any material respect with the requirements specified in the qualification documentation issued in accordance with regulation 9(2).
4
The Authority shall give notice to each applicant of its determination in accordance with paragraph (2) or (3).
PART 7 QUALIFICATION TO TENDER STAGE
Qualification to tender
11
1
In relation to a tender exercise, there shall be a qualification to tender stage in order to determine which qualifying applicants shall become qualifying bidders in respect of each qualifying project within that tender exercise.
2
The Authority shall invite all qualifying applicants who have submitted a signed confidentiality agreement in accordance with paragraph 1(d)(iv) of Schedule 3 to submit a completed qualification to tender questionnaire for one or more qualifying projects in accordance with the requirements set out in the qualification documentation issued in accordance with regulation 9(2).
Determination of qualifying bidders
12
1
The Authority shall evaluate each completed qualification to tender questionnaire submitted to it by a qualifying applicant in accordance with the selection criteria set out in the qualification documentation, in order to determine which qualifying applicants shall become qualifying bidders.
2
The Authority may decline to consider a qualification to tender questionnaire submitted to it by a qualifying applicant where the Authority determines that the submitted qualification to tender questionnaire does not comply in any material respect with the requirements specified in the qualification documentation issued in accordance with regulation 9(2).
3
The Authority shall give notice to each qualifying applicant of its determination in accordance with paragraph (1) or (2).
PART 8 INVITATION TO TENDER STAGE
Invitations to tender
13
1
The Authority shall give notice to all qualifying bidders of the amount of payment payable to the Authority as calculated in accordance with its cost recovery methodology in relation to the invitation to tender stage of that tender exercise.
2
Where a qualifying bidder has made the payment referred to in paragraph (1), the Authority shall, as soon as reasonably practicable thereafter, send to that qualifying bidder the invitation to tender documentation, which shall include the information specified in Schedule 4.
3
The Authority shall invite all qualifying bidders in respect of a particular qualifying project within that tender exercise, to submit a tender for providing offshore transmission services for that qualifying project.
4
The submission of a tender by a qualifying bidder is an application for the grant of an offshore transmission licence to that qualifying bidder where that qualifying bidder becomes the successful bidder in accordance with these Regulations.
PART 9 EVALUATION STAGE
Evaluation of tenders
14
1
The Authority shall evaluate each tender in respect of a particular qualifying project submitted to it by a qualifying bidder in accordance with the evaluation criteria set out in the invitation to tender documentation, in order to determine which qualifying bidder shall become the preferred bidder in respect of that qualifying project.
2
The Authority may decline to consider a tender submitted to it by a qualifying bidder where the Authority determines that the submitted tender does not comply in any material respect with the requirements specified in the invitation to tender documentation sent in accordance with regulation 13(2).
3
Where the Authority considers that it is unable to determine the preferred bidder in accordance with paragraph (1), it may commence a best and final offer stage in accordance with regulation 15.
4
The Authority may evaluate each tender in respect of a particular qualifying project submitted to it by a qualifying bidder in accordance with the evaluation criteria set out in the invitation to tender documentation, in order to determine which qualifying bidder shall become the reserve bidder in respect of that qualifying project.
5
The Authority shall give notice to each qualifying bidder of its determination made in accordance with paragraph (1), (2), or (4) or its action in accordance with paragraph (3) as applicable.
Best and final offer
15
1
Where regulation 14(3) applies, the Authority shall determine in accordance with the evaluation criteria set out in the invitation to tender documentation, which qualifying bidders shall be invited to participate in a best and final offer stage.
2
The Authority shall give notice to each qualifying bidder as to whether they have or have not been invited to participate in a best and final offer stage.
3
The Authority shall send to the selected qualifying bidders the best and final offer documentation, which shall include the information specified in Schedule 5.
4
The Authority shall evaluate each best and final offer in respect of a particular qualifying project submitted to it by a qualifying bidder in accordance with the evaluation criteria set out in the best and final offer documentation, in order to determine which qualifying bidder shall become the preferred bidder in respect of that qualifying project.
5
The Authority may evaluate each best and final offer in respect of a particular qualifying project submitted to it by a qualifying bidder in accordance with the evaluation criteria set out in the best and final offer documentation, in order to determine which qualifying bidder shall become the reserve bidder in respect of that qualifying project.
6
The Authority may decline to consider a best and final offer submitted to it by a qualifying bidder where the Authority determines that the submitted best and final offer does not comply in any material respect with the requirements specified in the best and final offer documentation sent in accordance with paragraph (3).
Notification of preferred bidder and reserve bidder
16
1
As soon as the Authority has determined the preferred bidder in respect of a particular qualifying project in accordance with regulation 14(1) or 15(4), it shall publish a notice to that effect.
2
As soon as the Authority has determined the reserve bidder in respect of a particular qualifying project in accordance with regulation 14(4) or 15(5), it shall give notice of that fact to that reserve bidder.
3
The notice referred to in paragraph (1) must–
a
specify the name and address of the preferred bidder; and
b
describe, in general terms, the matters to be resolved by the preferred bidder to the Authority’s satisfaction as specified in paragraph (4), before that preferred bidder becomes the successful bidder in accordance with regulation 21(1).
4
The matters referred to in paragraph (3) shall include–
a
that the preferred bidder has established necessary arrangements to provide offshore transmission services for that particular qualifying project;
b
that the preferred bidder has in place a bilateral agreement with the holder of a co-ordination licence to provide transmission services for that particular qualifying project;
c
that the preferred bidder has acceded to the contractual framework which defines the relationship between the holder of a co-ordination licence and any provider of transmission services that the co-ordination licence requires the holder of a co-ordination licence to have in force; and
d
any other matters which the Authority may determine are necessary in relation to that particular qualifying project.
5
The Authority shall give notice to the preferred bidder as to–
a
how the matters referred to in paragraph (4) shall be satisfied and by what date; and
b
the amount of payment payable to the Authority as calculated in accordance with its cost recovery methodology in relation to the preferred bidder stage of that tender exercise.
6
Where–
a
the matters referred to in paragraph (4) are not resolved by the preferred bidder to the Authority’s satisfaction;
b
the preferred bidder fails to make the payment referred to in paragraph (5)(b); or
c
the preferred bidder withdraws from the tender exercise in respect of that qualifying project in accordance with regulation 17(1),
the Authority may withdraw the notice published in accordance with paragraph (1) by publishing a further notice to that effect.
7
Where the Authority has published a further notice in accordance with paragraph (6), it shall discontinue the tender exercise with the preferred bidder and may determine to treat the reserve bidder (where such reserve bidder has been determined in accordance with regulation 14(4) or 15(5)), as if that reserve bidder were the preferred bidder.
8
Paragraphs (1) and (3), (4), (5) and (6) shall apply in circumstances where the Authority determines to treat the reserve bidder as if it were the preferred bidder.
9
The Authority shall give notice to any qualifying bidder of the fact that it is not a preferred bidder or a reserve bidder.
PART 10 WITHDRAWAL
Withdrawal
17
1
An applicant, qualifying applicant, qualifying bidder, preferred bidder, reserve bidder, successful bidder or bidder group may withdraw from the tender exercise in respect of a particular qualifying project by giving notice of that fact to the Authority.
2
Where an applicant, qualifying applicant or qualifying bidder withdraws from the tender exercise in respect of a particular qualifying project in accordance with paragraph (1), that applicant, qualifying applicant or qualifying bidder may only be re-admitted to the tender exercise in respect of that or any other qualifying project, where there has been a permitted change to the membership of the bidder group incorporating that applicant, qualifying applicant or qualifying bidder in accordance with regulation 26.
3
Where a preferred bidder, reserve bidder or successful bidder withdraws from the tender exercise in respect of a particular qualifying project in accordance with paragraph (1), that preferred bidder, reserve bidder or successful bidder may not be re-admitted to that tender exercise in respect of that or any other qualifying project.
4
Where an applicant, qualifying applicant, qualifying bidder, preferred bidder, reserve bidder, successful bidder or bidder group has withdrawn from the tender exercise in respect of a particular qualifying project in accordance with paragraph (1), any payment provided to the Authority by that applicant, qualifying applicant, qualifying bidder, preferred bidder, reserve bidder or successful bidder in accordance with these Regulations, including any interest which may have accrued on that payment, will only be repaid by the Authority in accordance with the Authority’s cost recovery methodology in relation to that tender exercise.
PART 11 CANCELLATION AND TREATMENT OF PAYMENTS AND SECURITY ON CANCELLATION
Cancellation
18
1
Where the Authority is satisfied that one or more of the events in Schedule 6 are occurring or have occurred in respect of a qualifying project, it may, in the circumstances specified in paragraph (2), publish a notice cancelling that qualifying project from the tender exercise.
2
The circumstances in which the Authority may publish a notice in accordance with paragraph (1) are that the Authority has–
a
given seven days notice of its intention to cancel the qualifying project from the tender exercise; and
b
considered any representations which have been duly made in relation to the notice published in accordance with sub-paragraph (a).
3
Where the Authority has published a notice in accordance with paragraph (1), the Authority may–
a
re-run that tender exercise in respect of that qualifying project, from the beginning or a particular stage of that tender exercise in accordance with these Regulations; or
b
determine that the tender exercise in respect of that qualifying project has failed.
4
In the event that no preferred bidder, reserve bidder or successful bidder is determined pursuant to a tender exercise run as a consequence of a decision taken in accordance with paragraph (3), the Authority may–
a
re-run a further tender exercise in respect of that qualifying project, from the beginning or a particular stage of that tender exercise in accordance with these Regulations; or
b
determine that the tender exercise in respect of that qualifying project has failed.
5
Where the Authority determines that the tender exercise has failed in accordance with paragraph (3)(b) or (4)(b), that tender exercise is finished in respect of that qualifying project.
Treatment of payments and security on cancellation
19
1
This regulation applies where the Authority cancels a qualifying project from a tender exercise in accordance with regulation 18(1) (whether or not that tender exercise in respect of that qualifying project is re-run or is determined as failed).
2
Where one or more of the events in paragraphs (b), (c), (d), (e), (f), (g), (h), (i), (j) and (q) of Schedule 6 are occurring or have occurred in respect of a qualifying project, the Authority shall, in accordance with its cost recovery methodology–
a
not repay wholly or in part any payment that has been made by an applicant, qualifying bidder or preferred bidder in accordance with these Regulations, including any interest which may have been accrued on the whole or part of that payment;
b
repay to the developer wholly or in part the payment that has been made in accordance with regulation 6(1)(a), including any interest which may have been accrued on the whole or part of that payment; and
c
release to the developer or person approved by the Authority with whom the developer has made arrangements, wholly or in part the security that has been provided in accordance with regulation 6(1)(b), including any interest which may have been accrued where that security provided is a monetary deposit.
3
Where one or more of the events in paragraphs (a), (k), (l), (m), (n), (o) and (p) of Schedule 6 are occurring or have occurred in respect of a qualifying project, the Authority shall, in accordance with its cost recovery methodology–
a
repay to an applicant, qualifying bidder, preferred bidder or successful bidder wholly or in part any payment that has been made by that applicant, qualifying bidder, preferred bidder or successful bidder in accordance with these Regulations, including any interest which may have been accrued on the whole or part of that payment;
b
not repay wholly or in part the payment that has been made in accordance with regulation 6(1)(a), including any interest which may have been accrued on the whole or part of that payment; and
c
determine that the security provided in accordance with regulation 6(1)(b) shall be forfeited wholly or in part, including any interest which may have been accrued where that security provided is a monetary deposit.
PART 12 DISQUALIFICATION FROM A TENDER EXERCISE
Disqualification
20
1
Where the Authority is satisfied that one or more of the events in Schedule 7 are occurring or have occurred and that the occurrence would materially affect the outcome of the tender exercise, it shall disqualify that developer, applicant, qualifying applicant or qualifying bidder from that tender exercise by giving notice of that fact to that developer, applicant, qualifying applicant or qualifying bidder.
2
Where the developer has been disqualified in accordance with paragraph (1), the Authority shall in accordance with its cost recovery methodology–
a
not repay wholly or in part the payment that has been made in accordance with regulation 6(1)(a), including any interest which may have been accrued on the whole or part of that payment; and
b
determine that the security provided in accordance with regulation 6(1)(b) shall be forfeited wholly or in part, including any interest which may have been accrued where that security provided is a monetary deposit.
3
Where an applicant, qualifying applicant or qualifying bidder has been disqualified in accordance with paragraph (1), the Authority shall in accordance with its cost recovery methodology not repay wholly or in part any payment that has been made by that applicant or qualifying bidder in accordance with these Regulations, including any interest which may have been accrued on the whole or part of that payment.
4
Where an applicant, qualifying applicant or qualifying bidder is disqualified from the tender exercise in accordance with paragraph (1), no document, tender or any information submitted by that applicant, qualifying applicant or qualifying bidder to the Authority shall be taken into consideration for the purpose of determining the successful bidder in respect of that qualifying project.
PART 13 NOTIFICATION OF SUCCESSFUL BIDDER
Notification of successful bidder
21
1
Where the Authority is satisfied that the preferred bidder has resolved the matters described in the notice published in accordance with regulation 16(1), that preferred bidder shall become the successful bidder.
2
As soon as reasonably practicable after the Authority has determined to grant an offshore transmission licence to the successful bidder in respect of a particular qualifying project it shall publish a notice to that effect.
3
The notice shall specify the name and address of the successful bidder.
4
The Authority shall give notice to the successful bidder of the amount of payment payable to the Authority as calculated in accordance with its cost recovery methodology in relation to the offshore transmission licence grant stage of that tender exercise.
Information in respect of successful bidder
22
1
Subject to paragraph (6), the Authority shall as soon as practicable after a determination has been made in accordance with regulation 21(2), give notice to all qualifying bidders of its determination in relation to the successful bidder in respect of that qualifying project.
2
The notice referred to in paragraph (1) shall include–
a
the evaluation criteria applied by the Authority in evaluating tenders;
b
the score obtained by–
i
each qualifying bidder which is to receive the notice; and
ii
the successful bidder; and
c
the name of the successful bidder.
3
The Authority shall allow a period of at least ten working days to elapse between the date of publication of the notice referred to in paragraph (1) and the date on which the Authority proposes to grant an offshore transmission licence to the successful bidder.
4
Subject to paragraph (6), if by midnight at the end of the second working day of the period referred to in paragraph (3), the Authority receives a request in writing from a qualifying bidder who was sent a notice in accordance with paragraph (1), for the reasons why that qualifying bidder was unsuccessful, the Authority shall inform that qualifying bidder of those reasons, including, where applicable, the characteristics and relative advantages of the successful tender.
5
The Authority shall give the information set out in paragraph (4) at least three working days before the end of the period referred to in paragraph (3), or where that is not possible, the period referred to in paragraph (3) shall be extended to allow at least three working days between the provision of the information set out in paragraph (4) and the date on which the Authority proposes to grant an offshore transmission licence to the successful bidder.
6
The Authority may withhold any information to be provided in accordance with paragraph (1) or (4) where the disclosure of such information–
a
would impede law enforcement;
b
would otherwise be contrary to law;
c
would otherwise be contrary to the public interest;
d
would prejudice the legitimate commercial interests of any qualifying bidder; or
e
may prejudice fair competition between qualifying bidders.
7
Subject to any interim or final findings of proceedings brought within the ten working days period referred to in paragraph (3) in relation to the Authority’s determination in accordance with regulation 21(2), the Authority shall determine whether or not to grant an offshore transmission licence to the successful bidder and shall publish a notice to that effect.
8
Where the Authority determines to grant an offshore transmission licence in accordance with paragraph (7), that tender exercise is finished in respect of that qualifying project.
PART 14 COST RECOVERY
Recovery of tender costs
23
1
The Authority shall recover its tender costs in relation to a tender exercise undertaken in accordance with these Regulations.
2
The Authority shall publish its cost recovery methodology no later than the date on which the tender exercise is to be commenced as specified in a notice published in accordance with regulation 7.
3
The Authority shall give notice to the developer in respect of any payment or security required in accordance with these Regulations of–
a
the amount of the payment or the nature of the security;
b
the date and time by which it is to be made or provided; and
c
the manner in which it is to be made or provided,
as calculated in accordance with the Authority’s cost recovery methodology in accordance with paragraph (2).
4
The Authority shall give notice to an applicant, qualifying bidder, preferred bidder or successful bidder in respect of any payment required in accordance with these Regulations of–
a
the amount of the payment;
b
the date and time by which it is to be made; and
c
the manner in which it is to be made,
as calculated in accordance with the Authority’s cost recovery methodology in accordance with paragraph (2).
5
As soon as reasonably practicable after a tender exercise is finished, the Authority shall–
a
calculate its total tender costs in relation to that particular tender exercise; and
b
undertake an aggregation of–
i
the payments made in accordance with these Regulations by a developer, applicant, qualifying bidder, preferred bidder or successful bidder and not repaid; and
ii
the value of any security forfeited in accordance with these Regulations by the developer or person approved by the Authority with whom the developer has made arrangements in accordance with regulation 6(1)(b),
in order to identify whether the total of the payments made and the security provided exceeds the Authority’s total tender costs in respect of that particular tender exercise.
6
Where the total amount identified as a result of the aggregation undertaken in accordance with paragraph (5)(b) exceeds the total tender costs incurred by the Authority in respect of that particular tender exercise, the Authority shall as soon as reasonably practicable after that tender exercise is finished–
a
repay wholly or in part any payment that has been made which exceeds the tender costs to any person in paragraph (5)(b)(i) who made the payment, including any interest which may have been accrued on the whole or part of that payment; and
b
release wholly or in part the security that has been provided which exceeds the tender costs to any person in paragraph (5)(b)(ii) who provided that security, including any interest which may have been accrued where that security provided is a monetary deposit,
in accordance with the Authority’s cost recovery methodology in relation to that tender exercise, so as to ensure that the Authority’s total tender costs have not been exceeded.
PART 15 MISCELLANEOUS
Failure to make payments or provide security
24
1
Where the developer fails to make the payment or provide the security in accordance with regulation 6, the Authority may permit that payment or security to be made or provided within a further period specified by the Authority by notice to the developer, such period to be no later than the date on which a notice is published in accordance with regulation 7.
2
Where the developer fails to make the payment or provide the security in accordance with regulation 6 within the further period specified in accordance with paragraph (1), the Authority may cancel that qualifying project from that tender exercise in accordance with regulation 18.
3
Where either an applicant or a qualifying bidder fails to make any payment in accordance with these Regulations, the Authority may disqualify that applicant or qualifying bidder from that tender exercise in accordance with regulation 20 if that failure is not remedied within a period not exceeding ten days specified by the Authority by notice to that applicant or qualifying bidder.
Application for a decision by the Authority
25
1
An applicant, qualifying applicant or qualifying bidder may apply to the Authority for a decision as to the effect of any–
a
restriction applied as a result of these Regulations on the making of an application for the grant of an offshore transmission licence; or
b
requirement applied by virtue of these Regulations that operates so as to prevent an application for the grant of an offshore transmission licence from being considered or further considered.
2
Where an applicant, qualifying applicant or qualifying bidder makes an application in accordance with paragraph (1), the Authority may charge that applicant, qualifying applicant or qualifying bidder a fee in accordance with the Authority’s cost recovery methodology for any decision given in response to it.
Changes to bidder groups
26
1
Where a bidder group, which is an applicant or qualifying applicant, seeks to change the membership of that bidder group between the pre-qualification and qualification to tender stages of a tender exercise, the Authority shall permit that change provided that the new membership of that bidder group meets the pre-qualification selection criteria set out in the qualification documentation issued in accordance with regulation 9(2).
2
Any change to the membership of a bidder group after a qualification to tender questionnaire has been submitted to the Authority shall be considered by the Authority on a case by case basis and will be subject to the Authority’s discretion to determine whether or not to allow that change would be fair and equitable to all other qualifying bidders participating in the tender exercise in respect of that particular qualifying project.
3
Where the Authority has permitted any change to the membership of bidder group in accordance with paragraph (1) or (2), it shall give notice to an applicant, qualifying applicant or qualifying bidder of the amount of any payment payable to the Authority as calculated in accordance with its cost recovery methodology in relation to its bidder group determination.
Changes to delivery of documents or actions
27
1
Where the Authority determines that it is impracticable–
a
for any document or notice which is to be delivered to or published by the Authority in accordance with these Regulations to be delivered or published by the time, date or in the manner specified in accordance with these Regulations; or
b
for any action which is required to be undertaken in accordance with these Regulations, to be completed by the time, date or in the manner specified,
then paragraph (2) applies.
2
Where this paragraph applies, the Authority shall take reasonable steps to give notice to a developer, applicant, qualifying applicant, qualifying bidder, preferred bidder, reserve bidder or successful bidder (as the case may be) that–
a
delivery or publication shall be made by a different time or date or in a different manner; or
b
the action shall be completed by a different time or date or in a different manner.
Disapplication of certain provisions
28
1
No application for an offshore transmission licence shall be considered or granted by the Authority other than in accordance with these Regulations.
2
Sections 6A and 6B of the 1989 Act and any regulations made under them shall be dispensed with insofar as they relate to an application for an offshore transmission licence.
The seal of the Gas and Electricity Markets Authority here affixed is authenticated by the signature of
Steve Smith
A member of the Gas and Electricity Markets Authority
26th May 2009
I approve
Mike O’Brien
Minister of State
Department for Energy and Climate Change
1st June 2009


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Housing and Regeneration Act 2008 (Commencement No. 6 and Transitional and Savings Provisions) Order 2009.
2
In this Order —
“the 2008 Act ” means the Housing and Regeneration Act 2008; and
“the commencement date” means 7th September 2009.
Commencement of certain provisions of the Act
2
1
Section 114 of the 2008 Act (registration of local authorities), so far as not already in force, shall come into force, in relation to England, on the commencement date.
2
The following provisions of the 2008 Act shall come into force, in relation to England, on the commencement date, subject to article 3(1) and (2) —
a
section 300 (right to acquire freehold: abolition of low rent test);
b
sections 301 (shared ownership leases: protection for certain leases) and 302 (shared ownership leases: protection for hard to replace houses), in so far as they are not already in force; and
c
except as mentioned in section 325(2)(b) of the 2008 Act, section 321(1) (consequential amendments and repeals) and Schedule 16 (repeals and revocations), in so far as they relate to the repeal of such provisions of the 1967 Act as are listed in Schedule 16.
3
Section 316 of the 2008 Act (amendments to Housing Act 1985: lending institutions) shall come into force on the commencement date, subject to article 3(3).
Transitional and savings provisions
3
1
Subject to paragraph (2), the amendments made in consequence of article 2(2)(a) and (c) shall not have effect as regards any long tenancy within the meaning of Part 1 of the Leasehold Reform Act 1967 (enfranchisement and extension of long leaseholds) —
a
granted before the commencement date; or
b
granted after the commencement date but arising from a written agreement for the grant of that tenancy made before the commencement date.
2
Section 1AA of the Leasehold Reform Act 1967 (additional right to enfranchisement only in case of houses whose rent exceeds applicable limit under section 4) shall continue to have effect as regards a tenancy granted —
a
before the commencement date; and
b
in respect of a house that is within an area described in the Housing (Right to Enfranchise) (Designated Protected Areas) (England) Order 2009 ,
and for the purpose of the application of that section the areas described in that Order shall be treated as areas designated as rural areas under subsection (3)(a) of that section.
3
The amendments made by section 316 of the 2008 Act shall not have effect for the purpose of defining “approved lending institutions” in sections 36(4), 151B(5) and 156(4) of the Housing Act 1985 where the advance concerned was made before the commencement date.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister for Housing and Planning
Department for Communities and Local Government
4th August 2009


text:
Citation and commencement
1
This Order may be cited as the Finance Act 2009, Section 96 and Schedule 48 (Appointed Day, Savings and Consequential Amendments) Order 2009 and comes into force on 1st April 2010.
Appointed day
2
The day appointed as the day on which the amendments made by section 96 of and Schedule 48 to the Finance Act 2009 (extension of information and inspection powers to further taxes) come into force is 1st April 2010.
Consequential amendments
3
The Schedule to this Order contains amendments of enactments in consequence of section 96(1) of and Schedule 48 to the Finance Act 2009.
Savings
4
In the Inheritance Tax Act 1984 , in relation to a notice given under section 219 or 219A of that Act (powers to require information and call for documents etc ) before 1st April 2010 —
a
section 219B (appeal against requirement to produce documents etc) continues to have effect on and after that day despite its repeal by the Schedule to this Order, and
b
section 245A (failure to provide information etc) applies on and after that day disregarding the amendments made by that Schedule.
5
In section 187 of the Finance Act 1993 (petroleum revenue tax: provision of information etc), in relation to a notice given under that section before 1st April 2010, the following provisions continue to have effect on and after that day despite their repeal by the Schedule to this Order —
a
subsection (6) (right to object to notice), and
b
subsection (8) (penalty for failure to comply with notice).
6
Despite their repeal by the Schedule to this Order, the following provisions continue to have effect on and after 1st April 2010 where Her Majesty’s Revenue and Customs requested information or documents before that day —
a
paragraph 17(1)(b) of Schedule 7 to the Finance Act 1994 (insurance premium tax: penalty for failure to furnish information or produce documents),
b
paragraph 22(1)(a) of Schedule 5 to the Finance Act 1996 (landfill tax: penalty for failure to furnish information or produce documents),
c
paragraphs 124(3) to (6) and 127(4) to (7) of Schedule 6 to the Finance Act 2000 (climate change levy: penalties for failure to provide information or produce documents), and
d
paragraphs 1(3) to (6) and 4(4) to (7) of Schedule 7 to the Finance Act 2001 (aggregates levy: penalty for failure to provide information or produce documents).
7
1
The following savings are made in Part 4 of the Finance Act 2003 (stamp duty land tax).
2
In relation to a notice given under paragraph 14 of Schedule 10 to that Act before 1st April 2010, the following paragraphs of that Schedule continue to have effect on and after that day despite their repeal by the Schedule to this Order —
a
paragraph 15 (appeal against notice requiring documents etc), and
b
paragraph 16 (penalty for failure to produce documents etc).
3
In relation to a notice given under paragraph 8 of Schedule 11A to that Act before 1st April 2010, the following paragraphs of that Schedule continue to have effect on and after that day despite their repeal by the Schedule to this Order —
a
paragraph 9 (appeal against notice requiring documents etc), and
b
paragraph 10 (penalty for failure to produce documents).
4
In relation to a notice given under Part 1 or 2 of Schedule 13 to that Act before 1st April 2010, subsections (3) and (6) of section 93 (penalty for failure to deliver a document or provide information) apply on and after that day disregarding the amendments made by the Schedule to this Order.
5
In relation to an inspection made before 1st April 2010, section 94(2) (power to inspect premises: penalty for obstruction) continues to have effect on and after that day despite its repeal by the Schedule to this Order.
8
In Part 4 of the Finance Act 2004 (pension schemes), in relation to a notice given under section 252 of that Act before 1st April 2010, the following provisions continue to have effect on and after that day despite their repeal by the Schedule to this Order —
a
section 253 (appeal against notice requiring documents or particulars), and
b
section 259 (penalty for failure to produce documents).
Bob Blizzard
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
19th November 2009


text:
Citation, commencement and extent
1
1
This Order may be cited as the European Parliamentary Elections (Returning Officers’ Charges) (Great Britain and Gibraltar) Order 2009 and shall come into force on the day after the day on which it is made.
2
This Order extends to England, Wales, Scotland and Gibraltar.
Interpretation
2
In this Order —
“the 2004 Regulations ” means the European Parliamentary Elections Regulations 2004; and
“electoral region” means a region specified in section 1(2) of, and Schedule 1 to, the European Parliamentary Elections Act 2002 .
Revocation
3
The European Parliamentary Elections (Returning Officers’ Charges) (Great Britain and Gibraltar) Order 2004 is revoked.
Overall maximum recoverable amount
4
The overall maximum recoverable amount for each electoral region is listed in column 4 of the table in the Schedule (“overall maximum recoverable amount”).
Maximum recoverable amount for specified services
5
The total of the charges recoverable by a returning officer in respect of the services of the description specified in article 6 shall not exceed the amount listed for each electoral region in column 2 of the table in the Schedule (“maximum recoverable amount for the specified services”).
6
The specified services are —
a
discharging the returning officer’s duties at the election; and
b
making arrangements for the election.
Maximum recoverable amount for specified expenses
7
The total of the charges recoverable by a returning officer in respect of the expenses of the description specified in article 8 shall not exceed the amount listed for each electoral region in column 3 of the table in the Schedule (“maximum recoverable amount for the specified expenses”).
8
The specified expenses are —
a
the appointment and payment of persons to assist the returning officer;
b
travel and overnight subsistence for the returning officer and any person appointed to assist the returning officer;
c
the costs of the nomination process;
d
printing or otherwise producing ballot papers;
e
printing or otherwise producing and, where appropriate, publishing notices required by the 2004 Regulations;
f
renting, heating, lighting, cleaning, adapting or restoring any building or room;
g
providing and transporting equipment;
h
providing security;
i
conducting the count;
j
providing training; and
k
providing stationery and meeting postage, telephone, printing and banking costs and costs of other miscellaneous items.
Overall maximum recoverable amount at an uncontested election
9
At an uncontested election —
a
articles 4 to 8 above do not apply; and
b
the overall maximum recoverable amount for each electoral region is £350.
Signed by the authority of the Secretary of State
David Hanson
Minister of State
Ministry of Justice
8th April 2009
We consent to this Order
Frank Roy
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd April 2009


text:
Citation and Commencement
1
This Order may be cited as the Terrorism Act 2000 (Code of Practice for Examining Officers) (Revision) Order 2009 and shall come into force two days after the day on which it is made.
Revised code of practice
2
The revised code of practice entitled “Code of Practice issued under paragraph 6(4) of Schedule 14 to the Terrorism Act 2000” laid before Parliament in draft on 26th February 2009 shall come into operation two days after the day on which this Order is made.
Exercise of functions at the time of coming into operation
3
The revised code of practice referred to in article 2 shall apply to the exercise of any function under Schedules 7 or 8 to the Terrorism Act 2000 by a constable, an immigration officer or a customs officer who is designated for the purpose of Schedule 7 to that Act after the beginning of the day on which it comes into operation, notwithstanding that the person may have started to exercise the function before this time.
David Hanson
Minister of State
Home Office
30th June 2009


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Taxes on Income and Capital) (Isle of Man) Order 2009.
Tax information exchange arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Exchange of Letters set out in Part 1 of the Schedule to this Order and in the Agreement set out in Part 2 of that Schedule have been made with the Government of the Isle of Man with a view to the exchange of information foreseeably relevant to the administration or enforcement or recovery of the taxes, and debts relating to the taxes, covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
b
it is expedient that those arrangements should have effect.
Double taxation arrangements to have effect
3
It is also declared that —
a
the arrangements specified in the Exchange of Letters set out in Part 1 of the Schedule to this Order and in the Arrangement set out in Part 3 of that Schedule, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Isle of Man) Order 1955 , as amended by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Isle of Man) Order 1991 and as further amended by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Isle of Man) Order 1994 , have been made with the Government of the Isle of Man with a view to affording relief from double taxation in relation to income tax or corporation tax and taxes of a similar character imposed by the laws of the Isle of Man; and
b
it is expedient that those arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments) Regulations 2009 and shall come into force —
a
for the purposes of regulation 5(2), (3)(c) and (d) on 18th July 2009;
b
for the purposes of regulation 8 on 5th October 2009; and
c
for all other purposes on 6th April 2009.
Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
2
The Working Tax Credit (Entitlement and Maximum) Rate Regulations 2002 are amended as follows.
3
In regulation 4(1) (qualifying remunerative work) at the end of the Fourth Condition add —
A social security benefit is not payment for the purposes of satisfying this condition.
4
1
For regulation 11(4) (second adult element) substitute —
4
The determination of the maximum rate shall also not include the second adult element if neither claimant has responsibility for a child or qualifying young person, and
a
one claimant is serving a custodial sentence of more than twelve months, or
b
one claimant is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999 .
5
1
Regulation 14 (child care charges) is amended as follows.
2
In paragraph (1A) —
a
omit sub-paragraph (b);
b
at the end add —
e
a foster parent in respect of a child whom that foster parent is fostering.
3
In paragraph (2)(a) —
a
omit sub-paragraph (i);
b
in sub-paragraph (iii) for “(subject to subsection 2(B))” substitute “(subject to paragraph (2B))”;
c
omit sub-paragraph (v);
d
omit sub-paragraph (vi).
4
In paragraph (2B) for “registered or approved care” substitute “child care.”
Amendment of the Tax Credits (Definition and Calculation of Income) Regulations 2002
6
The Tax Credits (Definition and Calculation of Income) Regulations 2002 are amended as follows.
7
In regulation 7 (social security income) in Table 3 at the end add —
27
A payment by way of health in pregnancy grant made pursuant to Part 8A of the Contributions and Benefits Act .
8
In regulation 19 (sums disregarded in the calculation of income) in Table 7 in item 2(d) —
a
in (ii) omit “or”;
b
after (iii) add —
;or
iv
the Flexible New Deal specified in regulation 75(1)(a)(v) of the Jobseeker’s Allowance Regulations 1996.
.
Amendment of the Child Tax Credit Regulations 2002
9
The Child Tax Credit Regulations 2002 are amended as follows.
10
In regulation 3(1) (circumstances in which a person is or is not responsible for a child or qualifying young person) in Rule 4.1 in Case H for “This case does” substitute “Cases G and H do”.
Amendment of the Tax Credits (Claims and Notifications) Regulations 2002
11
The Tax Credits (Claims and Notifications) Regulations 2002 are amended as follows.
12
In regulation 2 (interpretation) for the definition of “appropriate office” substitute —
“appropriate office” means Comben House, Farriers Way, Netherton, Merseyside or any other office specified in writing by the Board.
13
In regulation 4(b) (interpretation of this Part) for “(b)” substitute “(d)”.
14
Regulation 5 (manner in which claims to be made) is amended as follows.
1
In paragraph (4) for “paragraph (6)” substitute “paragraphs (6) and (8)”.
2
At the end add —
8
Paragraph (4) does not apply to any person who is subject to immigration control within the meaning set out in section 115(9)(a) of the Immigration and Asylum Act 1999 and to whom a national insurance number has not been allocated.
15
1
For Regulation 8 (date of claims – disability element of working tax credit) substitute —
Date of claims – disability element of working tax credit
8
1
In the circumstances prescribed by paragraph (2), the claim referred to in paragraph (2)(a) shall be treated as having been made on the date prescribed by paragraph (3).
2
The circumstances prescribed by this paragraph are where–
a
a claim for working tax credit including the disability element (“the tax credits claim”) is made by a person or persons (“the claimants”) which results in the Board making an award of working tax credit including the disability element;
b
the claim is made within 3 months of the date that a claim for any of the benefits referred to in regulation 9(2) to (8) of the Working Tax Credit Regulations (“the benefits claim”) is determined in favour of the claimants (or one of them); and
c
the claimants would (subject to making a claim) have been entitled to working tax credit if (and only if) they had satisfied the requirements of regulation 9(1)(c) of the Working Tax Credit Regulations, on any day in the period —
i
beginning on the date of the benefits claim, and
ii
ending on the date of the tax credits claim.
3
The date prescribed by this paragraph is–
a
the first date in respect of which the benefit claimed is payable; or
b
if later, the date falling 3 months before the claim for the benefit is made; or
c
if later, the first day identified under paragraph (2)(c).
16
1
In Regulation 11(3) (circumstances in which claims to be treated as made) is amended as follows.
2
After sub-paragraph (a) insert —
aa
in a case where the declaration is made by the date specified on the section 17 notice in the tax year following that to which the claim relates, on 6th April preceding that date.
3
In sub-paragraph (b) for “on 6th April preceding the date on which the declaration is made” substitute —
on 6th April next following the end of the tax year to which the claim relates
.
17
In Regulation 25(2) (date of notification – cases where change of circumstances which may increase the maximum rate) —
a
for “regulation” substitute “regulations”; and
b
at the end add “and 26A(2)”.
18
For Regulation 26 (date of notification – disability element and severe disability element for working tax credit) substitute —
Date of notification – disability element and severe disability element of working tax credit
26
1
In the circumstances prescribed by paragraph (2), the notification of a change in circumstances is to be treated as having been given on the date prescribed by paragraph (3).
2
The circumstances prescribed by this paragraph are where–
a
a notification is given of a change of circumstances in respect of a claim to working tax credit, which results in the Board making an award of the disability element or the severe disability element of working tax credit (or both of them) in favour of a person or persons; and
b
the notification date is within 3 months of the date that a claim for any of the benefits referred to in regulation 9(2) to (8) or 17(2) of the Working Tax Credit Regulations is determined in favour of those persons (or one of them).
3
The date prescribed by this paragraph is the latest of the following:
a
the first date in respect of which the benefit claimed was payable;
b
the date falling 3 months before the claim for the benefit was made;
c
the date the claim for working tax credit was made (or treated as made under regulation 7);
d
(for the purposes of the disability element only), the first date that the person or persons satisfied the conditions of entitlement for the disability element.
.
19
For Regulation 26A (date of notification – disability element and severe disability element for child tax credit) substitute —
Date of notification – disability element and severe disability element of child tax credit
26A
1
In the circumstances prescribed by paragraph (2), the notification of a change in circumstances is to be treated as having been given on the date prescribed by paragraph (3).
2
The circumstances prescribed by this paragraph are where–
a
a notification is given of a change of circumstances in respect of a claim to child tax credit which results in the Board making an award of the disability element or the severe disability element of child tax credit (or both of those elements) in favour of a person or persons, in respect of a child; and
b
the notification date is within 3 months of the date that a claim for a disability living allowance in respect of the child is determined in favour of those persons (or one of them).
3
The date prescribed by this paragraph is the latest of the following:
a
the first date in respect of which the disability living allowance was payable;
b
the date falling 3 months before the claim for the disability living allowance was made;
c
the date the claim for child tax credit was made (or treated as made under regulation 7).
.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 2009
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
13th March 2009


text:
Citation and commencement
1
This Order may be cited as the Aerodromes (Designation)(Detention and Sale of Aircraft)(England and Wales) Order 2009 and comes into force on 1st October 2009.
Extent
2
This Order extends to England and Wales.
Designation of airports
3
The aerodromes specified in Schedule 1 are designated for the purposes of section 88 of the Civil Aviation Act 1982.
4
The Orders specified in Schedule 2 are revoked.
Signed by authority of the Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
31st August 2009


text:
Citation and commencement
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No 8 and Transitional and Saving Provisions) (Amendment No. 2) Order 2009 and shall come into force on 30 November 2009.
Amendments to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005
2
The Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 is amended as follows —
a
in article 2(1), omit the words “paragraph (2) and”;
b
omit article 2(2);
c
omit article 4;
d
for paragraph 7 of Schedule 2 substitute —
7 Notwithstanding the coming into force of section 1 of the Criminal Justice and Immigration Act 2008 , paragraphs 8 to 10 shall have effect in relation to —
a
any offence committed before 30 November 2009; or
b
any failure to comply with an order made in respect of an offence committed before 30 November 2009.
;
e
in paragraph 11 of Schedule 2, for the words down to and including “article 4 of this Order,” substitute “Notwithstanding the coming into force of section 1 of the Criminal Justice and Immigration Act 2008 in relation to any offence committed before 30 November 2009 or any failure to comply with an order made in respect of an offence committed before 30 November 2009,”; and
f
in paragraph 12 of Schedule 2, for the words down to and including “article 2(2) of this Order,” substitute “Notwithstanding the coming into force of section 1 of the Criminal Justice and Immigration Act 2008, in relation to any offence committed before 30 November 2009 or any failure to comply with an order made in respect of an offence committed before 30 November 2009,”.
Revocation
3
The Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) (Amendment) Order 2009 is revoked.
Signed by the authority of the Secretary of State
Maria Eagle
Minister of State
Ministry of Justice
26th November 2009


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Pensions (Additional Voluntary Contributions) (Amendment) Regulations 2010 and shall come into force on 1st October 2010.
2
These Regulations extend to England and Wales.
Amendments to the Police Pensions (Additional Voluntary Contributions) Regulations 1991
2
1
The Police Pensions (Additional Voluntary Contributions) Regulations 1991 are amended as follows.
2
In regulation 3 (making and acceptance of elections) after paragraph (2) insert —
2A
No election under regulation 4(1) (payment of basic contributions) or 5(1) (payment of death benefit contributions) made on or after 1st October 2010 is to be accepted.
2B
No election under regulation 6(1)(a) (alteration of amount of basic contributions) or 6(2)(a) (alteration of amount to be secured by death benefit contributions) made on or after 1st October 2010 is to be accepted if it would have the effect of increasing the amount of the basic contributions or the amount to be secured by the death benefit contributions, as the case may be.
.
3
In regulation 4(1) (election to pay basic contributions) after “at any time” insert “before 1st October 2010”.
4
In regulation 5(1) (elections in respect of death benefit cover) after “at any time” insert “before 1st October 2010”.
5
In regulation 6 (variation and cancellation of elections) —
a
at the start of each of paragraphs (1), (2) and (3) insert “Subject to paragraph (4)”;
b
after paragraph (3) insert —
4
An election may not be made under any of the preceding paragraphs of this regulation on or after 1st October 2010 if it would have the effect of increasing the amount of the basic contributions or the amount to be secured by the death benefit contributions, as the case may be.
.
6
At the start of regulation 10(1) (inward transfers) insert “At any time before 1st October 2010”.
Nick Herbert
Minister of State
Home Office
5th September 2010
We consent to these Regulations
Jeremy Wright
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
7th September 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Health Protection (Part 2A Orders) Regulations 2010 and shall come into force on 6th April 2010.
2
These Regulations apply in relation to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Public Health (Control of Disease) Act 1984;
“child” means a person under the age of 18 years;
“Part 2A application” means an application made to a justice of the peace for an order under Part 2A of the Act;
“Part 2A order” means an order made by a justice of the peace under Part 2A of the Act; and
“a person with parental responsibility” means a person with parental responsibility within the meaning of the Children Act 1989 .
Duty on local authorities to give notice of Part 2A applications
3
1
This regulation applies where a local authority is making a Part 2A application.
2
The local authority must make reasonable enquiries as to the existence and location of persons who fall within paragraphs (4) to (7) (as applicable).
3
Having made reasonable enquiries pursuant to paragraph (2), the local authority must give notice of the application to the persons specified in paragraphs (4) to (7) (as applicable) where such persons are known to the local authority and contactable by it.
4
In relation to an application for an order under section 45G(2) or (4) of the Act (power to order health measures in relation to persons), the persons specified are —
a
the person subject to the application (P);
b
a person with parental responsibility for P, if P is a child; and
c
P’s decision-maker (if any).
5
Subject to paragraph (6), in relation to an application for an order under section 45H(2) or (4) of the Act (power to order health measures in relation to things), the persons specified are —
a
the owner of the thing; and
b
the person with custody or control of the thing.
6
In relation to an application for an order under section 45H(2) of the Act in respect of a dead body or human remains, the person specified is the deceased’s next of kin (or where the deceased has more than one next of kin, any one of those persons).
7
In relation to an application for an order under section 45I(2) or (4) (power to order health measures in relation to premises), the persons specified are —
a
the owner of the premises; and
b
the occupier of the premises, if any.
8
The local authority is not required to give notice under paragraph (3) where P, in the reasonable view of the local authority, is likely to abscond or otherwise take steps to undermine the order applied for.
9
The local authority is not required to give notice under paragraph (3) to a person specified in paragraph (4)(b) where exceptional circumstances exist which mean that notifying such a person would not be in P’s best interests.
10
In this regulation —
“next of kin” means the person accorded highest rank in the following list (but if two or more persons are accorded equal ranking then each of those persons is to be treated as next of kin) —
a person with parental responsibility for the deceased person (P);
P’s husband, wife or civil partner;
a person who had been living with P up to the time of P’s death as P’s husband, wife or civil partner;
P’s child where aged 18 years or over;
P’s parent;
P’s brother or sister where aged 18 years or over; and
“P’s decision-maker” means P’s donee of enduring power of attorney or lasting power of attorney under the Mental Capacity Act 2005 or a deputy appointed by the Court of Protection in relation to P, where decisions in connection with Part 2A applications or orders are within the scope of that person’s authority.
Evidence required for a Part 2A application in relation to persons
4
1
A justice of the peace cannot be satisfied that the criteria in section 45G(1) or (3) of the Act (power to order health measures in relation to persons) are met unless the evidence listed in paragraph (2) is available to the justice.
2
That evidence is —
a
a report which gives details (insofar as known and relevant), or gives reasons for the omission of details, of —
i
the signs and symptoms of the infection or contamination in the person (P) who is the subject of the application,
ii
P’s diagnosis,
iii
the outcome of clinical or laboratory tests, and
iv
P’s recent contacts with, or proximity to, a source or sources of infection or contamination;
b
a summary of the characteristics and effects of the infection or contamination which P has or may have which includes an explanation of —
i
the mechanism by which the infection or contamination spreads,
ii
how easily the infection or contamination spreads amongst humans, and
iii
the impact of the infection or contamination on human health (by reference to pain, disability and the likelihood of death);
c
in relation to applications seeking an order under section 45G(2), an assessment of the risk to human health that P presents, including a description of any acts or omissions, or anticipated acts or omissions, of P which affect that risk;
d
in relation to applications seeking an order under section 45G(4), an assessment of the risk to human health that the related party presents, including any acts or omissions, or anticipated acts or omissions, of the related party which affect that risk;
e
in relation to applications seeking an order under section 45G(2), an assessment of the options available to deal with the risk that P presents; and
f
in relation to applications seeking an order under section 45G(4), an assessment of the options available to deal with the risk that the related party presents.
3
A report under paragraph (2)(a) must include the details mentioned in at least one of paragraphs (2)(a)(i) to (iv) .
4
The evidence must be given by persons who are suitably qualified to give the evidence.
5
The evidence may be given orally or in writing.
Period for which Part 2A order in relation to persons may be in force
5
1
This regulation applies in relation to Part 2A orders imposing a restriction or requirement under section 45G(2)(a) and (b) and (e) to (k) (power to order health measures in relation to persons) of the Act.
2
The period for which the restriction or requirement imposed by or under the order may be in force must not exceed 28 days beginning with the day on which the order was made.
3
The period of any extension of a restriction or requirement must not exceed 28 days.
4
Where a Part 2A order is varied to impose a new restriction or requirement, the period for which that new restriction or requirement may be in force must not exceed 28 days beginning with the day on which the order was varied.
Affected persons in relation to Part 2A orders in relation to persons and dead bodies or human remains
6
1
The following persons are affected persons (in addition to those prescribed in section 45M of the Act) for the purposes of Part 2A orders.
2
In the case of a Part 2A order under section 45G of the Act in relation to a person (P), P’s decision-maker (if any).
3
In the case of a Part 2A Order under section 45H(2) of the Act in relation to a dead body or human remains, the deceased’s next of kin.
4
In this regulation, “next of kin” and “P’s decision-maker” have the meaning given to them in regulation 3.
Discretionary power for local authorities to charge in connection with Part 2A orders in relation to things and premises
7
1
This regulation applies where a local authority has incurred costs taking measures pursuant to a Part 2A order under section 45H (health measures in relation to things) or 45I (health measures in relation to premises) of the Act.
2
Subject to paragraph (4), the local authority may impose a charge on —
a
the owner or person with custody or control of the thing which is the subject of an order under section 45H of the Act; or
b
the owner or occupier of the premises which are the subject of an order under section 45I of the Act.
3
The amount of the charge imposed —
a
must not exceed the actual costs (including staff costs) incurred by the local authority in taking measures in relation to the thing or premises pursuant to the order; and
b
must be reasonable in the circumstances.
4
A local authority may not impose a charge in connection with orders under section 45H of the Act which relate to a dead body or human remains.
Duty on local authorities to provide information in relation to Part 2A orders in relation to persons
8
1
This regulation applies where a local authority has made a Part 2A application and a justice of the peace has made a Part 2A order under section 45G (health measures in relation to persons) in respect of that application.
2
The local authority must take all reasonable steps to ensure that the person who is the subject of the order (P) understands —
a
the effect of the order, the reason it has been made, the power under which it has been made and P’s right to apply for a variation or revocation of the order; and
b
the relevant support services available to P (and how to access them).
3
The local authority must take the steps as soon as reasonably practicable after the order is made.
4
Where P is under the age of 18 years, the duty under paragraph (2) is to ensure that a person with parental responsibility for P understands the matters set out in sub-paragraphs (a) and (b) of that paragraph.
Duty on local authorities to have regard to welfare following a Part 2A order in relation to persons
9
1
This regulation applies where a person (P) —
a
is detained in a hospital or other suitable establishment pursuant to a Part 2A order under section 45G(2)(c) (health measures in relation to persons); or
b
is kept in isolation or quarantine pursuant to a Part 2A order under section 45G(2)(d) (health measures in relation to persons).
2
The local authority which made the application for the Part 2A order must have regard to the impact of the order on the welfare of P and P’s dependants, if any, for the duration of the order.
Duty on local authorities to report Part 2A applications to the Health Protection Agency
10
1
A local authority must provide a written report to the chief executive of the Health Protection Agency each time it makes a Part 2A application.
2
The report must include —
a
the name of the local authority;
b
contact details for the officer of the local authority responsible for the report;
c
a copy of the Part 2A application (with information that would enable the identification of the person who is the subject of the application removed);
d
if an order is made, a copy of that order (with information that would enable the identification of the person who is the subject of the order removed); and
e
if a Part 2A order is not made, the reason for it not being made.
3
The report must be provided as soon as practicable after the application is determined and no later than 10 days beginning with the day on which the application is determined .
4
In this regulation, “the application is determined” when either an order is made pursuant to the application or the application is dismissed or withdrawn.
Duty on local authorities to report variations or revocations of Part 2A Orders to the Health Protection Agency
11
1
A local authority must provide a written report to the chief executive of the Health Protection Agency each time a Part 2A Order made pursuant to a Part 2A application it has made is varied or revoked.
2
The report must include —
a
the name of the local authority;
b
contact details for the officer of the local authority responsible for the report;
c
a copy of the order varying or revoking the Part 2A order (with information that would enable the identification of the person who is the subject of the order removed); and
d
a copy of the original order (with information that would enable the identification of the person who is the subject of the order removed).
3
The report must be provided as soon as practicable after the Part 2A order is varied or revoked and no later than 10 days beginning with the day on which the local authority becomes aware that the Part 2A order has been varied or revoked.
Signed by authority of the Secretary of State for Health.
Gillian Merron
Minister of State,
Department of Health
9th March 2010


text:
Citation and commencement
1
1
This Order may be cited as the Fixed Penalty (Amendment) Order 2010 and comes into force on 1st February 2011.
2
This Order applies in relation to a fixed penalty offence, alleged to have been committed on or after 1st February 2011.
Amendment of the Fixed Penalty Order 2000
2
1
The Fixed Penalty Order 2000 is amended as follows.
2
In article 2, at the beginning insert “Save where there is more specific provision in Schedule 2 by reference to the circumstances of the offence,”;
3
In Schedule 1, in the table after the entry relating to “A fixed penalty offence under section 33 of the Vehicle Excise and Registration Act 1994” insert —
A fixed penalty offence under section 42(1) of the Vehicle Excise and Registration Act 1994 (driving or keeping a vehicle without required registration mark) £60 A fixed penalty offence under section 43(1) of the Vehicle Excise and Registration Act 1994 (driving or keeping a vehicle with registration mark obscured etc. ) £60
4
In Schedule 2, in column 1 of table 4 (section 41A Road Traffic Act 1988) for “Contravention of regulation 27(1)(g)” substitute “Contravention, except in the case of a motor cycle, of regulation 27(1)(g)”.
Signed on behalf of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
10th November 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2010 and shall come into force on the 6th April 2010.
2
In these Regulations “the principal Regulations ” means the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 .
Amendment of the principal Regulations
2
In the following provisions of the principal Regulations, for the sum of “£16,040” substitute “£16,190” —
a
regulation 3(3)(a)(iii), (d)(iii) and (e)(ii)(aa) (entitlement of benefit); and
b
paragraph 4(1)(a)(iii) of Schedule 2 (declaration needed for application for benefit).
Signed by authority of the Secretary of State for Health
Gillian Merron
Minister of State,
Department of Health
23 February 2010


text:
Citation
1
This Order may be cited as the Political Parties and Elections Act 2009 (Commencement No. 4) Order 2010.
Appointed date
2
Section 6 of the Political Parties and Elections Act 2009 (number of Electoral Commissioners) comes into force on 1st October 2010.
Signed by authority of the Lord President of the Council
Mark Harper
Parliamentary Secretary (Minister for Political and Constitutional Reform)
Cabinet Office
30th September 2010


text:
Citation, commencement and extent
1
1
This Order may be cited as The Legislative Reform (Revocation of Prescribed Form of Penalty Notice for Disorderly Behaviour) Order 2010 and shall come into force on the day after the date on which the Order is made.
2
It extends to England and Wales only.
Amendments
2
Section 3 of the Criminal Justice and Police Act 2001 is amended as follows —
a
omit paragraph (a) of subsection (3),
b
omit subsection (4), and
c
in subsection (5), omit the words “regulations or”.
Revocations
3
The following Regulations and provisions are revoked —
a
the Penalties for Disorderly Behaviour (Form of Penalty Notice) Regulations 2002 ,
b
the Penalties for Disorderly Behaviour (Form of Penalty Notice) (Amendment) Regulations 2004 ,
c
article 2 of the Courts Act 2005 (Consequential Provisions) ( No. 2) Order 2005 insofar only as it applies to paragraph 200 of the Schedule to that Order, and
d
the Penalties for Disorderly Behaviour (Form of Penalty Notice) (Amendment) Regulations 2005 .
Signed by authority of the Secretary of State
Claire Ward
Parliamentary Under Secretary of State
Ministry of Justice
12th January 2010


text:
1
This Order may be cited as the Export Control (Burma) (Amendment) Order 2010 and shall come into force on 26th June 2010.
2
In article 1(2) of the Export Control (Burma) Order 2008 —
a
omit the definition of “a Community authorisation”;
b
at the appropriate place insert —
“an EU authorisation” means an authorisation granted under Article 2(5), 5(3), 8(2) or 9 of the Regulation;
;
c
in the definition of “the Regulation”, after “194/2008” insert “as last amended by Council Regulation (EU) No 408/2010 ”.
3
In articles 9 and 11(2) of the Export Control (Burma) Order 2008, for “Community” wherever it appears substitute “EU”.
Mark Prisk
Minister of State for Business and Enterprise
Department for Business, Innovation and Skills
24th June 2010


text:
Citation and commencement
1
This Order may be cited as the Crossrail (Devolution of Functions) Order 2010, and shall come into force on 21st April 2010.
Interpretation
2
1
In this Order “the devolution date” means the date on which this Order comes into force.
2
Any reference in this Order to a section or Schedule is a reference to a section of or Schedule to the Crossrail Act 2008.
Modification of references to Secretary of State for all purposes
3
1
The references to the Secretary of State in the provisions mentioned in paragraph (2) have effect as references to Transport for London.
2
The provisions are —
section 6(1) (acquisition of land within limits);
section 7(1) and (2) (acquisition of other land);
section 8(1), (3) and (4) (extinguishment of private rights of way);
section 47(1) and (7) (temporary possession agreements);
section 52(1) and (4) (correction of deposited plans);
paragraphs 13(1), 14(2), (4) and (5), 16 and 18(2) to (4) of Schedule 6 (supplementary provisions relating to acquisition of land);
paragraph 2 of Part 5 of Schedule 17 (protection of British Waterways Board).
Other modifications of references to Secretary of State
4
In section 9(1) (extinguishment of rights of statutory undertakers etc ) the reference to the Secretary of State has effect as a reference to Transport for London in relation to land acquired by Transport for London.
5
1
Section 33 (transfer of functions relating to works) is modified as follows.
2
In subsection (1) the first reference to the Secretary of State has effect as a reference to Transport for London in relation to land acquired from a railway operator on or after the devolution date.
3
The following references to the Secretary of State have effect as references to Transport for London in relation to land acquired by Transport for London —
a
the third reference in subsection (1);
b
the second reference in subsection (2);
c
the first reference in subsection (3).
6
In section 42 (application of landlord and tenant law) the references to the Secretary of State have effect as references to Transport for London in relation to land held by Transport for London.
7
1
Section 44 (prohibitions etc on land use) is modified as follows.
2
In subsection (1) the reference to the Secretary of State has effect as a reference to Transport for London in relation to a prohibition or restriction imposed by a covenant or agreement made on or after the devolution date.
3
In subsection (2) the references to the Secretary of State have effect as references to Transport for London in relation to a prohibition or restriction imposed by a covenant or agreement which operates for the benefit of Transport for London (whether Transport for London or the Secretary of State made the covenant or agreement with the promisor).
8
1
Schedule 3 (highways) is modified as follows.
2
In paragraph 1(2)(d) the reference to the Secretary of State has effect as a reference to Transport for London in relation to land in its possession.
3
In paragraph 3(1)(b) —
a
the references to the Secretary of State have effect as references to Transport for London in relation to so much of a site as is bounded on both sides by land owned by Transport for London;
b
the references to the Secretary of State have effect as references to Transport for London in relation to so much of a site as is bounded on one side by land owned by Transport for London and on the other side by land owned by the Secretary of State.
4
In paragraph 3(4) and (5) the references to the Secretary of State have effect as if they included references to Transport for London.
9
1
Schedule 14 (disapplication etc of miscellaneous controls) is modified as follows.
2
In paragraph 4(1) the reference to the Secretary of State has effect as a reference to Transport for London in relation to anything acquired by Transport for London.
3
In paragraph 7(3) the reference to the Secretary of State has effect as a reference to Transport for London in relation to land acquired by Transport for London.
4
In paragraph 8(1) the reference to the Secretary of State has effect as a reference to Transport for London in relation to a building acquired by Transport for London.
5
In paragraph 17(2) the reference to the Secretary of State has effect as a reference to Transport for London in relation to anything acquired by Transport for London.
10
1
Part 2 of Schedule 17 (protection for undertakers) is modified as follows.
2
In paragraphs 1(1) and 2(1) the references to the Secretary of State have effect as if they included references to Transport for London.
3
In paragraph 3(2) the references to the Secretary of State have effect as references to Transport for London in relation to land acquired by Transport for London or in which it has acquired a right or interest.
4
In paragraph 3(3) and (4) the references to the Secretary of State have effect as if they included references to Transport for London.
5
In paragraphs 4(1), 6(1) and 7(1) the references to the Secretary of State have effect as references to Transport for London in relation to land acquired by Transport for London.
6
In paragraph 7(3) the references to the Secretary of State have effect as if they included references to Transport for London.
11
In paragraph 1(1) of Part 5 of Schedule 17 (protection of British Waterways Board) the reference to the Secretary of State has effect as if it included a reference to Transport for London.
Supplementary and transitional provisions
12
1
Any direction given by the Secretary of State under section 8(4) which is in effect immediately before the devolution date has effect as if given by Transport for London.
2
Any development agreement (within the meaning of section 42) and any lease granted in pursuance of such an agreement have effect, in so far as they relate to land acquired by Transport for London, as if Transport for London were a party to the agreement or lease instead of the Secretary of State.
3
Any agreement entered into under section 47(1) or (7) which is in effect immediately before the devolution date has effect as if entered into by Transport for London instead of the Secretary of State.
Transitional provisions etc. : general
13
1
This Order does not affect the validity of anything done, or the application of any exemption as respects anything done, by or in relation to the Secretary of State before the devolution date.
2
Anything (including legal proceedings) which, at the devolution date, is in the process of being done by or in relation to the Secretary of State may, so far as it relates to any of the functions transferred to Transport for London by this Order, be continued by or in relation to Transport for London.
3
Anything which —
a
has been done by or in relation to the Secretary of State for the purpose of or in connection with any of the functions transferred to Transport for London by this Order, and
b
has effect at the devolution date,
has effect, so far as necessary for continuing its effect after that date, as if done by or in relation to Transport for London.
4
Paragraphs (1) to (3) are without prejudice to any provision made by this Order in relation to any particular function.
5
For so long as the Secretary of State retains any land acquired before the devolution date under section 6 or 7, the modifications made by article 3, except those to section 47(1) and (7), do not apply in relation to anything done in connection with the acquisition of that land.
Signed by authority of the Secretary of State
Sadiq Khan
Minister of State
Department for Transport
25th March 2010


text:
Citation, commencement and interpretation
1
This Order may be cited as the National Health Service Trust (Originating Capital) Order 2010 and shall come into force on 31st March 2010.
Originating capital of NHS trusts
2
The originating capital of an NHS trust specified in column 1 of the Schedule shall be the amount specified in the corresponding entry in column 2 of the Schedule.
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State,
Department of Health
25th February 2010
We consent,
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
1st March 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export Control (Amendment) Order 2010 and shall come into force on 27th January 2010.
2
In this Order, “the 2008 Order ” means the Export Control Order 2008 .
Amendments related to UK controlled dual-use goods, etc.
2
1
The 2008 Order is amended as follows.
2
For articles 4 and 5 substitute —
Movement of UK controlled dual-use goods, etc. to certain destinations
4
1
Subject to articles 13, 14, 17, 18 and 26, no person shall —
a
export UK controlled dual-use goods; or
b
transfer UK controlled dual-use software or technology by electronic means
if paragraph (2) or (3) applies.
2
This paragraph applies where the destination is one specified in Schedule 3 as a prohibited destination in relation to the goods, software or technology in question (“a prohibited destination”).
3
This paragraph applies where the destination is not a prohibited destination but the exporter or transferor knows —
a
that the final destination of the goods, software or technology in question is a prohibited destination; and
b
that no processing or working is to be performed on the goods, software or technology in question before they are exported or transferred to that final destination.
3
In article 13 —
a
in paragraphs (1) and (3), omit “or 5”;
b
in paragraph (4), for “, 4 or 5” substitute “or 4”.
4
In article 14 —
a
in paragraph (2), omit “or 5”;
b
in paragraph (3), for “, 4 or 5” substitute “or 4” .
5
In article 17(1), omit “, 5”.
6
In article 18(1), for “, 4 or 5” substitute “or 4”.
7
In paragraphs (1)(a)(i) and (2)(a) of article 41, omit “, 5”.
8
In the reference note at the head of Schedule 3, for “, 4 and 5” substitute “and 4”.
Amendment related to detection equipment
3
In Schedule 3 to the 2008 Order, after the notes to entry PL9005 insert —
Detection equipment
PL9006 The export of ‘electro-statically powered’ equipment for detecting “explosives”, other than detection equipment specified in Schedule 2 or in 1A004.d. in Annex I to “the dual-use Regulation”, is prohibited to any destination in Afghanistan or Iraq. Technical note
‘Electro-statically powered’ means using electro-statically generated charge.
.
Ian Lucas
Minister for Business and Regulatory Reform
Department for Business, Innovation and Skills
25th January 2010


text:
Citation and commencement
1
These Regulations may be cited as the Health Service Branded Medicines (Control of Prices and Supply of Information) Amendment Regulations 2010 and shall come into force on 1st January 2011.
Amendment of the Health Service Branded Medicines (Control of Prices and Supply of Information) ( No. 2) Regulations 2008
2
In regulation 2 of the Health Service Branded Medicines (Control of Prices and Supply of Information) (No. 2) Regulations 2008 , in paragraphs (1) and (2), for “5.8 per cent” substitute “5.7 per cent”.
Revocation
3
The Health Service Branded Medicines (Control of Prices and Supply of Information) Amendment Regulations 2009 are revoked.
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
18th November 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Administration Orders Relating to Insurers) Order 2010 and comes into force on 1st February 2011.
2
In this Order —
“the 1986 Act ” means the Insolvency Act 1986 ;
“Schedule B1” means Schedule B1 to the 1986 Act .
Application and modification of Part 2 of the 1986 Act in relation to insurers
2
1
Part 2 of the 1986 Act (administration), other than paragraph 14 of Schedule B1 (power of holder of floating charge to appoint administrator) and paragraph 22 of Schedule B1 (power of company or directors to appoint administrator), applies in relation to insurers with the modifications specified in the Schedule to this Order.
2
Accordingly paragraph 9(2) of Schedule B1 does not preclude the making of an administration order in relation to an insurer.
Application and modification of the Insolvency Rules 1986 in relation to insurers
3
The Insolvency Rules 1986 , so far as they give effect to Part 2 of the 1986 Act, have effect in relation to insurers with the following modifications —
a
in Rule 2.12(1) (the hearing) after sub-paragraph (a) insert —
aa
the Financial Services Authority;
ab
the scheme manager of the Financial Services Compensation Scheme;
.
Application and modification of the Insolvency (Scotland) Rules 1986 in relation to insurers
4
The Insolvency (Scotland) Rules 1986 , so far as they give effect to Part 2 of the 1986 Act, have effect in relation to insurers with the following modifications —
a
in Rule 2.3(1) (service of petition) after subparagraph (a) insert —
aa
the Financial Services Authority;”
ab
the scheme manager of the Financial Services Compensation Scheme;
.
Revocation
5
The following are revoked —
a
the Financial Services and Markets Act 2000 (Administration Orders Relating to Insurers) Order 2002 ;
b
articles 2 to 8 of the Financial Services and Markets Act 2000 (Administration Orders Relating to Insurers) (Amendment) Order 2003 ;
c
regulation 52 of the Insurers (Reorganisation and Winding Up) Regulations 2004 .
Saving
6
Nothing in articles 2 to 5 applies in relation to any case where the appointment of an administrator takes effect before the coming into force of this Order.
Michael Fabricant
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
16th December 2010
I consent
Edward Davey
Minister for Employment Relations and Consumer and Postal Affairs
Department for Business, Innovation and Skills
18th December 2010