type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the M57 Motorway Junction 7 (Switch Island) (Speed Limits) Regulations 2009 and come into force on 29th July 2009.
Interpretation
2
In these Regulations —
“M57 Motorway” means the M57 Motorway junction 7 at Switch Island in the District of Sefton, in Merseyside;
“motorway” and “carriageway” have the same meanings as in the Motorways Traffic (England and Wales) Regulations 1982 ;
“the slip road” means the exit slip road from the westbound carriageway to the A59 at Switch Island, from a point 42 metres east of where the A59 meets the slip road to the point where those roads meet;
“Switch Island” means the circulatory system which forms the junction at the western end of the M57 Motorway, where that motorway joins the A59 and the A5036; and
“the westbound carriageway” means the westbound carriageway of the M57 Motorway, from a point 538 metres east of where the A59 at Switch Island meets the slip road to a point 42 metres east of where those roads meet.
Speed limits
3
1
No person shall drive a vehicle on any part of the westbound carriageway at a speed exceeding 50 miles per hour.
2
No person shall drive a vehicle on any part of the slip road at a speed exceeding 40 miles per hour.
Signed by authority of the Secretary of State for Transport
C. D. Mole
Parliamentary Under Secretary of State
Department for Transport
30th June 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Housing and Regeneration Act 2008 (Commencement No. 5) Order 2009.
2
In this Order “ the Act ” means the Housing and Regeneration Act 2008.
Commencement of provisions regarding possession orders relating to certain tenancies
2
Section 299 of, and Schedule 11 to, the Act, with the exceptions specified in article 3, shall come into force on the day after this Order is made in so far as they are not already in force.
Exceptions
3
The excepted provisions of Schedule 11 mentioned in article 2 are paragraphs 3(3), 8(3) and 14(3).
Commencement of a repeal
4
Section 321 of, and Schedule 16 to, the Act shall come into force on the day after this Order is made so far as they relate to the repeal of section 14(1)(b) of the Anti-social Behaviour Act 2003 (c.38) .
Signed by the authority of the Secretary of State for Communities and Local Government
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
19th May 2009


text:
Title and commencement
1
1
The title of this Order is the Merthyr Tydfil and Powys (Areas) Order 2009.
2
For any purpose set out in regulation 4(1) of the Regulations, this Order comes into operation on 1 May 2009.
3
For all other purposes, this Order comes into force on 1 June 2009, which is the appointed day for the purposes of the Regulations.
Interpretation
2
In this Order —
“the boundary map” (“ y map ffiniau ”) means the map marked “Map of the Merthyr Tydfil and Powys (Areas) Order 2009”, deposited in accordance with regulation 5 of the Regulations;
“the Regulations” (“ y Rheoliadau ”) means the Local Government Area Changes Regulations 1976 .
Changes in county, county borough and community areas and consequential changes to electoral arrangements
3
That part of the county of Powys falling within the community of Talybont-on-Usk and shown as hatched area “A” on the boundary map —
a
is transferred to the county borough of Merthyr Tydfil;
b
forms part of the community of Vaynor; and
c
forms part of the electoral division of Vaynor.
4
That part of the community of Talybont-on-Usk in the county of Powys shown as hatched area “B” on the boundary map —
a
is transferred to the community of Llangynidr; and
b
forms part of the electoral division of Llangynidr.
Brian Gibbons
Minister for Social Justice and Local Government, one of the Welsh Ministers
5 April 2009


text:
Citation and commencement
1
These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) (Amendment) Regulations 2009 and come into force on 3rd May 2009.
Increase in fees
2
In regulation 3 of the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) Regulations 1986 , for “£344” substitute “£361” and for “£141” substitute “£148”.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
2nd April 2009
We consent to the making of these Regulations
Bob Blizzard
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 2009


text:
Title, commencement and application
1
1
The title of these Regulations is the Assembly Learning Grant (Further Education) Regulations 2009.
2
These Regulations come into force on 1 September 2009 and apply in relation to Wales.
Interpretation
2
In these Regulations —
“the 2008 Regulations ” (“ Rheoliadau 2008 ”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) ( No. 2) Regulations 2008 as amended or replaced;
“Academic Year 2009/2010” (“ Blwyddyn Academaidd 2009/2010 ”) means the period of 12 months beginning on 1 September 2009, 1 January 2010, 1 April 2010 or 1 July 2010, according to whether the academic year of the course in question begins on or after 1 September 2009 and before 1 January 2010, on or after 1 January 2010 and before 1 April 2010, on or after 1 April 2010 and before 1 July 2010 or on or after 1 July 2010 and before 1 September 2010;
“contact hours” (“ oriau cyswllt ”) means the period of time expressed in hours in respect of which an eligible student receives teaching or supervision during periods of study or practice;
“designated course” (“ cwrs dynodedig ”) means a course designated as such by the Welsh Ministers for the purposes of these Regulations, such course including education (other than higher education) or training consisting of a course or programme of study —
which requires attendance at a further education institution or at the premises of another provider of education or training, and
which is funded by the Welsh Assembly Government or the Learning and Skills Council under the Learning and Skills Act 2000 , or is funded by a public authority responsible for the funding of education (other than higher education) and training suitable to the requirements of persons aged 19 or over under the law of Scotland or Northern Ireland;
“eligible student” (“ myfyriwr cymwys ”) has the meaning given in regulation 3;
“financial year” (“ blwyddyn ariannol ”) means the period of twelve months in respect of which the income of a person whose residual income is calculated under the provisions of regulations 9 to 12 is computed for the purposes of the income tax legislation which applies to it;
“the Further Education Regulations 2008 ” (“ Rheoliadau Addysg Bellach 2008 ”) means the Assembly Learning Grant (Further Education) Regulations 2008 ;
“healthcare bursary” (“ bwrsari gofal iechyd ”) means a bursary or award of similar description under section 63 of the Health Services and Public Health Act 1968 or Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 ;
“higher education” (“ addysg uwch ”) means education provided by means of a course of any description in Schedule 6 of the Education Reform Act 1988 ;
“household income” (“ incwm yr aelwyd ”) has the meaning given in regulation 8;
“independent eligible student” (“ myfyriwr cymwys annibynnol ”) has the meaning given in regulation 13;
“ Member State ” (“ Aelod-wladwriaeth ”) means a Member State of the European Community;
“parent” (“ rhiant ”) means a natural or adoptive parent;
“partner” (“ partner ”) in relation to an eligible student means any of the following —
the spouse of an eligible student;
the civil partner of an eligible student;
a person ordinarily living with an eligible student as if he or she were his or her civil partner where an eligible student falls within regulation 13(1)(a);
a person ordinarily living with an eligible student as if he or she were the eligible student’s spouse;
“partner” (“ partner ”) in relation to the parent of an eligible student means any of the following other than another parent of the eligible student —
the spouse of an eligible student’s parent;
the civil partner of an eligible student’s parent;
a person ordinarily living with the parent of an eligible student as if he or she were his or her spouse;
a person ordinarily living with the parent of an eligible student as if he or she were the parent’s civil partner;
“period of full time study” (“ cyfnod o astudio llawnamser ”) means a period of study on one or more designated courses comprising 500 or more contact hours during the period of 12 months starting with the first day of the academic year of the course in question;
“period of part-time study” (“ cyfnod o astudio rhan-amser ”) means a period of study on one or more designated courses and comprising not less than 275 contact hours nor more than 499 contact hours during the period of 12 months starting with the first day of the academic year of the course in question;
“preceding financial year” (“ blwyddyn ariannol flaenorol ”) means the financial year immediately preceding the relevant year;
“relevant year” (“ blwyddyn berthnasol ”) means the academic year in respect of which the household income falls to be assessed;
“residual income” (“ incwm gweddilliol ”) means taxable income after the application of regulation 9 (in the case of an eligible student), regulation 10 (in the case of an eligible student’s parent), regulation 11 (in the case of an eligible student’s partner) or regulation 12 (in the case of the partner of an eligible student’s parent);
“taxable income” (“ incwm trethadwy ”) means, in relation to regulation 9, in respect of the Academic Year 2009/2010 and, in relation to regulation 10, in respect (subject to paragraphs (3), (4) and (5) of regulation 10) of the preceding financial year, a person’s taxable income from all sources computed as for the purposes of —
the Income Tax Acts;
the income tax legislation of another Member State which applies to the person’s income; or
where the legislation of more than one Member State applies to the period, the legislation under which the Welsh Ministers consider the person will pay the largest amount of tax in that period (except as otherwise provided in regulation 10).
Eligibility
3
1
An eligible student qualifies for an Assembly Learning Grant in connection with a period of full-time study or a period of part-time study subject to and in accordance with these Regulations.
2
A person is an eligible student in connection with a designated course if:
a
in assessing his or her application for support the Welsh Ministers determine that the person falls within one of the categories set out in Part 2 of Schedule 1 to the 2008 Regulations;
b
the person is not excluded by paragraph (3); and
c
the person has reached the age of 19 on or before 1 September 2009.
3
A person shall not be an eligible student if:
a
the only paragraph in Part 2 of Schedule 1 of the 2008 Regulations into which he or she falls is paragraph 9;
b
the student has, in the opinion of the Welsh Ministers, shown himself or herself by his or her conduct to be unfitted to receive an Assembly Learning Grant;
c
the student has already received an Assembly Learning Grant in relation to his or her attendance on any course during the Academic Year 2009/2010; or
d
there has been bestowed on, or paid to the person in relation to the person’s attendance on the course —
i
a healthcare bursary;
ii
a Coleg Harlech bursary or an equivalent long course bursary provided by the Residential Colleges Committee or Scottish Further Education Funding Council;
iii
separate funding by the Welsh Assembly Government in respect of a Work Based Learning Programme ; or
iv
such other financial support from public funds as determined by the Welsh Ministers.
Academic progression
4
1
Subject to paragraph (2) and regulation 5, the Welsh Ministers must not pay an Assembly Learning Grant to a student in respect of the Academic Year 2009/2010 or part of that academic year unless they are satisfied on reasonable grounds that the period of study concerned involves academic progression for the student in comparison with study undertaken by the student in previous academic years.
2
The Welsh Ministers may pay an Assembly Learning Grant to a student for a repeated academic year if that year is a repeat of a preceding academic year that the student was unable to complete because of compelling personal reasons.
Transfers
5
Where a student who is entitled to an Assembly Learning Grant in accordance with these Regulations transfers to another designated course comprising a period of full-time study or a period of part-time study during the Academic Year 2009/2010, the Welsh Ministers may pay an Assembly Learning Grant to that student for the remainder of the Academic Year 2009/2010, except that if —
a
the Welsh Ministers are satisfied on reasonable grounds that the new course does not involve academic progression for the student as compared to the course from which he or she has transferred; and
b
the student enrols on the course to which he or she is transferring more than 20 weeks after the start the previous course,
no Assembly Learning Grant is payable.
Applications
6
1
A person must apply for support in connection with these Regulations by completing and submitting to the Welsh Ministers an application in such form and accompanied by such documentation and by such time as the Welsh Ministers may require.
2
The Welsh Ministers may take such steps and make such enquiries as they consider necessary to determine whether the applicant is an eligible student, whether the applicant qualifies for support and the amount of support payable, if any.
3
The Welsh Ministers must notify the applicant of whether or not the applicant qualifies for support and if the applicant does qualify, the amount of support payable in respect of the Academic Year 2009/2010, if any.
Grant entitlement
7
1
An eligible student who qualifies for support in connection with a period of full time study in accordance with these Regulations receives an amount as follows —
a
where the household income is £5,895 or less, he or she receives £1,500;
b
where the household income exceeds £5,895 but does not exceed £11,790, he or she receives £750; and
c
where the household income exceeds £11,790 but does not exceed £17,700, he or she receives £450.
2
An eligible student who qualifies for support in connection with a period of part-time study in accordance with these Regulations receives an amount as follows —
a
where the household income is £5,895 or less, he or she receives £750;
b
where the household income exceeds £5,895 but does not exceed £11,790, he or she receives £450; and
c
where the household income exceeds £11,790 but does not exceed £17,700, he or she receives £300.
Household Income
8
1
Household income for the purpose of these Regulations is calculated in accordance with this regulation and regulations 9 to 12.
2
The household income is —
a
in the case of an eligible student who is not an independent eligible student —
i
the residual income of the eligible student, or
ii
the residual income of the eligible student’s parent (subject to regulation 10(9)) aggregated with the residual income of the partner of the student’s parent provided that the Welsh Ministers have selected that parent under regulation 10(9),
whichever of the two incomes is the higher;
b
in the case of an independent eligible student who has a partner, the residual income of the eligible student or the residual income of the eligible student’s partner, whichever of the two incomes is the higher; or
c
in the case of an independent eligible student who does not have a partner, the residual income of the eligible student.
Calculation of eligible student’s residual income
9
1
Except where the student is undertaking a designated course comprising a period of part-time study, for the purpose of determining the residual income of an eligible student, there is deducted from his or her taxable income (unless already deducted in determining taxable income) the aggregate of any amounts falling within any of the following sub-paragraphs —
a
any remuneration for work done during the relevant year, provided that such remuneration does not include any sums paid in respect of any period for which he or she has leave of absence or is relieved of his or her normal duties for the purpose of attending that course;
b
the gross amount of any premium or other sum paid by the eligible student in relation to a pension (not being a pension payable under a policy of life insurance) in respect of which relief is given under section 273 of the Income and Corporation Taxes Act 1988 ,or under section 188 of the Finance Act 2004 , or where the eligible student’s income is computed for the purposes of the income tax legislation of another Member State, the gross amount of any such premium or sum in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts.
2
Where the eligible student receives income in a currency other than sterling, the value of that income for the purpose of this paragraph is —
a
if the student purchases sterling with the income, the amount of sterling the student so receives;
b
otherwise, the value of the sterling which the income would purchase using the rate for the month in which it is received published by the Office for National Statistics .
Calculation of parent’s residual income
10
1
For the purposes of determining the taxable income of an eligible student’s parent, any deductions which fall to be made or exemptions which are permitted —
a
by way of personal reliefs provided for in Chapter 1 of Part VII of the Income and Corporation Taxes Act 1988 or, where the income is computed for the purposes of the income tax legislation of another Member State, any comparable personal reliefs;
b
pursuant to any enactment or rule of law under which payments which would otherwise under United Kingdom law form part of a person’s income are not treated as such; or
c
under paragraph (2),
are not made or permitted.
2
For the purposes of determining the residual income of an eligible student’s parent, there is to be deducted from the taxable income determined under paragraph (1) the aggregate of any amounts falling within any of the following sub-paragraphs —
a
the gross amount of any premium or sum relating to a pension (not being a premium payable under a policy of life assurance) in respect of which relief is given under section 273 of the Income and Corporation Taxes Act 1988 or section 188 of the Finance Act 2004, or where the income is computed for the purposes of the income tax legislation of another Member State, the gross amount of any such premium in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts;
b
in any case where income is computed for the purposes of the Income Tax Acts by virtue of paragraph (6) any sums equivalent to the deduction mentioned in paragraph (2)(a), provided that any sums so deducted do not exceed the deductions which would be made if the whole of the eligible student’s parent’s income were in fact income for the purposes of the Income Tax Acts.
3
Where the Welsh Ministers are satisfied that the income of the parent in the financial year beginning immediately before the relevant year (“the current financial year”) is, as a result of some event beyond his or her control, likely to be less than the sterling value of his or her income in the preceding financial year to such an extent that it would affect the student’s entitlement if entitlement were to be based on the current financial year they must, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the household income for the current financial year.
4
Where the Welsh Ministers are satisfied that the income of the parent in any financial year is, as a result of some event beyond his or her control, likely to be and to continue after that year to be less than the sterling value of his or her income in the previous financial year to such an extent that it would affect the student’s entitlement if entitlement were to be based on the current financial year they must, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the household income for the academic year of the eligible student’s course in which that event occurred by taking as the residual income of the parent the average of his or her residual income for each of the financial years in which that academic year falls.
5
Where the eligible student’s parent satisfies the Welsh Ministers that his or her income is wholly or mainly derived from the profits of a business or profession carried on by him or her, then any reference in this regulation to a preceding financial year means the earliest period of twelve months which ends after the start of the preceding financial year and in respect of which accounts are kept relating to that business or profession.
6
Where an eligible student’s parent is in receipt of any income which does not form part of his or her income for the purposes of the Income Tax Acts or the income tax legislation of another Member State by reason only that —
a
he or she is not resident, ordinarily resident or domiciled in the United Kingdom or another Member State;
b
the income does not arise in the United Kingdom or another Member State; or
c
the income arises from an office, service or employment, income from which is exempt from tax in pursuance of any legislation,
his or her taxable income for the purposes of these Regulations is computed as though the income under this paragraph were part of his or her income for the purposes of the Income Tax Acts or the income tax legislation of another Member State, as the case may be.
7
Where the income of the eligible student’s parent is computed as for the purposes of the income tax legislation of another Member State, it is computed under the provisions of these Regulations in the currency of that Member State and the income of the eligible student’s parent for the purposes of these Regulations is the sterling value of that income determined in accordance with the rate for the month in which the last day of the financial year in question falls, as published by the Office for National Statistics.
8
Where one of the eligible student’s parents dies either before or during the relevant year and that parent’s income has been or would be taken into account for the purpose of determining the household income, the household income is —
a
where the parent dies before the relevant year, determined by reference to the income of the surviving parent; or
b
where the parent dies during the relevant year, the aggregate of —
i
the appropriate proportion of the household income determined by reference to the income of both parents, being the proportion in respect of that part of the relevant year during which both parents were alive; and
ii
the appropriate proportion of the household income determined by reference to the income of the surviving parent, being the proportion in respect of that part of the relevant year remaining after the death of the other parent.
9
Where the Welsh Ministers determine that the parents do not ordinarily live together throughout the relevant year, the household income is determined by reference to the income of whichever parent the Welsh Ministers consider the more appropriate under the circumstances.
10
Where the Welsh Ministers determine that the parents do not ordinarily live together for part only of the relevant year, the household income is determined by reference to the aggregate of —
a
the appropriate proportion of the household income determined in accordance with paragraph (9), being the proportion in respect of that part of the relevant year for which the parents do not so live together; and
b
the appropriate proportion of the household income determined otherwise in respect of the remainder of the relevant year.
Calculation of eligible student’s partner’s residual income
11
1
Subject to paragraphs (2), (3) and (4) of this regulation and with the exception of paragraphs (8), (9) and (10) of regulation 10, an eligible student’s partner’s residual income is determined in accordance with regulation 10, references to the parent being construed as references to the eligible student’s partner.
2
Where the Welsh Ministers determine that the eligible student and his or her partner do not ordinarily live together throughout the relevant year, the partner’s income is not taken into account in determining the household income.
3
Where the Welsh Ministers determine that the eligible student and his or her partner do not ordinarily live together for part only of the relevant year, the partner’s residual income is determined by reference to his or her residual income under paragraph (1) divided by fifty-two and multiplied by the number of complete weeks in the relevant year for which the Welsh Ministers determine that the eligible student and his or her partner ordinarily live together.
4
Where an eligible student has more than one partner in any one academic year, the provisions of this regulation apply in relation to each.
Calculation of parent’s partner’s residual income
12
The residual income of an eligible student’s parent’s partner whose residual income is part of the household income by virtue of regulation 8(2)(a) is determined in accordance with regulation 11, references to the eligible student’s partner being construed as references to the eligible student’s parent’s partner and references to the eligible student being construed as references to the eligible student’s parent.
Independent eligible student
13
1
For the purpose of these Regulations an eligible student is an independent eligible student in every case where —
a
he or she is aged 25 or over on the first day of the relevant year;
b
he or she is married or is in a civil partnership before the beginning of the relevant year, whether or not the marriage or civil partnership is still subsisting;
c
he or she has no parent living;
d
the Welsh Ministers are satisfied that neither of his or her parents can be found or that it is not reasonably practicable to get in touch with either of them;
e
he or she has communicated with neither of his or her parents for the period of one year before the beginning of the relevant year or, in the opinion of the Welsh Ministers, he or she can demonstrate on other grounds that he or she is irreconcilably estranged from his or her parents;
f
he or she was looked after by a local authority within the meaning of section 22 of the Children Act 1989 throughout any three-month period ending on or after the date on which he or she attained the age of 16 and before the first day of the first academic year of the course (“the relevant period”) provided that he or she has not in fact at any time during the relevant period been under the charge or control of his or her parents;
g
his or her parents are residing outside the European Community and the Welsh Ministers are satisfied that either —
i
the assessment of the household income by reference to their residual income would place those parents in jeopardy; or
ii
it would not be reasonably practicable for those parents as a result of a calculation in relation to regulation 8 to send any relevant funds to the United Kingdom;
h
regulation 10(9) applies and the parent whom the Welsh Ministers considered the more appropriate for the purposes of that paragraph has died (irrespective of whether the parent in question had a partner);
i
he or she is a member of a religious order who resides in a house of that order;
j
he or she —
i
has care of a person under 18 years of age on the first day of the relevant year; or
ii
has had care of a person under 18 years of age at any time during the present course prior to the first day of the relevant year;
k
he or she has supported himself or herself out of his or her earnings for any period or periods ending before the first academic year of the course which periods together aggregate not less than three years, and for the purposes of this paragraph he or she is treated as supporting himself or herself out of his or her earnings during any period in which —
i
he or she was participating in arrangements for training for the unemployed under any scheme operated by, sponsored or funded by any state authority or agency, whether national, regional or local (“a relevant authority”);
ii
he or she was in receipt of benefit payable by any relevant authority in respect of a person who is available for employment but who is unemployed;
iii
he or she was available for employment and had complied with any requirement of registration imposed by a relevant authority as a condition of entitlement for participation in arrangements for training or receipt of benefit;
iv
he or she held a State Studentship or comparable award;
v
he or she received any pension, allowance or other benefit paid by any person by reason of a disability to which he or she is subject, or by reason of confinement, injury or sickness.
Attendance
14
1
The Welsh Ministers may recalculate an applicant’s entitlement to an Assembly Learning Grant in accordance with paragraph (2) if the applicant’s attendance on the designated course in respect of which he or she has made an application for an Assembly Learning Grant is unsatisfactory.
2
The formula for re-calculation is —
Actual Attendance Possible Attendance × ALG = Recalculated Entitlement
3
In this regulation —
“actual attendance” (“ mynychu gwir ”) means the number of days attendance by the applicant notified to the Welsh Ministers by the institution delivering the course, excluding any number of days not exceeding 60 on which the applicant was absent due to illness;
“ALG” (“ GDC ”) means the entitlement to Assembly Learning Grant calculated in accordance with regulation 7; and
“possible attendance” (“ mynychu posibl ”) means the number of days from the first to last day of required attendance on the course.
Payment of Assembly Learning Grant
15
1
The Welsh Ministers must pay the grant for which an eligible student qualifies under these Regulations and in such instalments (if any) and at such times as they consider appropriate and in the exercise of their functions under this regulation they may make provisional payments pending the final calculation of the amount of grant for which the student qualifies.
2
Payments may be made in such manner as the Welsh Ministers consider appropriate and they may make it a condition of entitlement to payment that the eligible student must provide them with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
Overpayments
16
An eligible student must, if so required by the Welsh Ministers, repay any amount paid to the student under these Regulations which for whatever reason exceeds the amount of Assembly Learning Grant to which he or she is entitled under these Regulations.
17
The Welsh Ministers may at any time request from an applicant or eligible student information which they consider is required to recover an Assembly Learning Grant.
18
Where the Welsh Ministers have requested information under regulation 17, they may withhold any payment of Assembly Learning Grant until the person provides the information requested or provides a satisfactory explanation for not complying with the request.
Revocation
19
1
Subject to paragraph (2), the Further Education Regulations 2008 are revoked in relation to Wales on 1 September 2009.
2
The Further Education Regulations 2008 continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2008 but before 1 September 2009.
Jane Hutt
Minister for Children, Education, Lifelong Learning and Skills, one of the Welsh Ministers
1 August 2009


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Sexual Offences Act 2003 (Prescribed Police Stations) Regulations 2009 and shall come into force on 14th April 2009.
2
These Regulations do not extend to Scotland.
Prescribed police stations
2
The police stations listed in Schedule 1 (in England and Wales) and Schedule 2 (in Northern Ireland) to these Regulations are hereby prescribed for the purposes of section 87(1)(a) of the Sexual Offences Act 2003.
Revocation
3
The Sexual Offences Act 2003 (Prescribed Police Stations) Regulations 2005 are hereby revoked.
Alan Campbell
Parliamentary Under–Secretary of State
Home Office
16th March 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Blood Safety and Quality (Fees Amendment) Regulations 2009 and shall come into force on 1st April 2009.
2
In these Regulations “the principal Regulations ” means the Blood Safety and Quality Regulations 2005 .
Amendment of regulation 22 of the principal Regulations
2
1
Regulation 22 of the principal Regulations (fees) is amended as follows.
2
In paragraph (2) —
a
in sub-paragraph (a), for “£2,927” substitute “£3,044”;
b
in sub-paragraph (b), for “£493” substitute “£513”; and
c
in sub-paragraph (c), for “£440” substitute “£458”.
3
In paragraph (2A), in sub-paragraph (b) for “£468” substitute “£487”.
4
In paragraph (3) —
a
in sub-paragraph (a), for “£2,452” substitute “£2,557”; and
b
in sub-paragraph (b), for “£1,226” substitute “£1,279”.
5
In paragraph (3A), for “£650” substitute “£676”.
6
In paragraph (3C)(c), for “£468” substitute “£487”.
7
In paragraph (5) —
a
in sub-paragraph (a), for “£2,452” substitute “£2,557”; and
b
in sub-paragraph (b), for “£1,226” substitute “£1,279”.
8
In paragraph (5B) —
a
in sub-paragraph (a), for “£2,452” substitute “£2,557”; and
b
in sub-paragraph (b), for “£1,226” substitute “£1,279”.
9
In paragraph (5C) —
a
in sub-paragraph (a), for “£2,452” substitute “£2,557”; and
b
in sub-paragraph (b), for “£1,226” substitute “£1,279”.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
9th February 2009
We consent
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd February 2009


text:
Citation, commencement, application and revocation
1
1
These Regulations may be cited as the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009 and come into force on 1st September 2009.
2
These Regulations apply to individual pupil information relating to pupils at schools in England only.
3
The Regulations specified in the Schedule are revoked to the extent specified in that Schedule.
Interpretation
2
1
In these Regulations:
“ the Act ” means the Education Act 1996;
“key stage” means any of the periods set out in paragraphs (a) to (d) of subsection (1) of section 82 of the Education Act 2002 and a reference to the first, second or third key stage is a reference to the periods set out respectively in paragraphs (a), (b) and (c) of that subsection;
“National Curriculum assessment” means any assessment of pupils carried out for the purposes of assessment arrangements made under or by virtue of an order under section 87(3)(c) of the Education Act 2002;
“the relevant pupil”, in relation to individual pupil information, means the pupil or former pupil to whom the information relates;
“the relevant school” means the school at which the relevant pupil is or was registered; and
“work-based learning provider” means any employer who provides learning in the workplace to pupils or students as part of a course at any school or further education institution.
2
For the purposes of these Regulations, each of the following is a relevant local authority in relation to the provision of any individual pupil information —
a
the local education authority which maintains the school at which the relevant pupil is or was registered;
b
the local education authority which, for the purposes of Part IV of the Act (special educational needs), is responsible for the relevant pupil (within the meaning of section 321(3) of the Act);
c
where the relevant pupil is a child looked after by a local authority (within the meaning of section 22(1) of the Children Act 1989 ), that local authority;
d
where the information relates to a pupil or former pupil of a school which is not maintained by a local education authority, the local education authority for the area in which the school is situated.
Prescribed persons
3
1
For the purposes of section 537A(4) of the Act, the following are prescribed as persons to whom the Secretary of State may provide individual pupil information —
a
any person referred to in paragraph (5) below;
b
any person falling within any of the categories referred to in paragraph (6) below;
c
any person having access to a database established and operated by the Secretary of State under section 12 of the Children Act 2004 ; and
d
any local authority which has reasonable grounds to believe that it is a relevant local authority in respect of the pupil to whom the individual pupil information relates.
2
For the purposes of section 537A(5)(b) of the Act, the Secretary of State prescribes as a person to whom an information collator may provide individual pupil information —
a
any person referred to in paragraph (5) below; and
b
any person falling within any of the categories referred to in paragraph (6) below.
3
The individual pupil information which an information collator may so provide, in accordance with section 537A(5)(b) of the Act, is any such information —
a
specified in Schedule 1 to the Education (Information about Individual Pupils) (England) Regulations 2006 ;
b
relating to the educational achievements of pupils in any National Curriculum assessment carried out for the purpose of assessing the achievements of pupils in the first, second or third key stage;
c
relating to the educational achievements of pupils in any external qualification approved under section 98 of the Learning and Skills Act 2000 , for the purposes of section 96 of that Act.
4
For the purposes of section 537A(6) of the Act, the Secretary of State prescribes as a person to whom any person holding any individual pupil information may provide that information —
a
any person referred to in paragraph (5) below; and
b
any person falling within any of the categories referred to in paragraph (6) below.
5
The persons referred to in paragraphs (1)(a), (2)(a) and (4)(a) are —
a
the Joint Council for Qualifications;
b
the Office for Standards in Education, Children’s Services and Skills
c
the Higher Education Funding Council for England;
d
a relevant local authority;
e
the governing body of the relevant school;
f
the management committee of a pupil referral unit at which the relevant pupil is or was registered;
g
the Training and Development Agency;
h
the States of Guernsey Education Department;
i
the States of Jersey Education Department;
j
the Isle of Man Department of Education;
k
the Welsh Ministers;
l
WJEC CBAC Limited ;
m
the Student Loans Company Limited;
n
the University and Colleges Admissions Service ;
o
the Higher Education Statistics Agency ;
p
Ufi Limited ;
q
the British Educational Communications and Technology Agency (Becta);
r
any person with whom a relevant local education authority has made arrangements under section 68 or section 70 of the Education and Skills Act 2008 ;
s
any person who, either alone or jointly with others, awards or authenticates any qualification accredited by the Qualifications and Curriculum Authority;
t
the Learning and Skills Council for England ;
u
the Qualifications and Curriculum Authority .
6
The categories referred to in paragraphs (1)(b), (2)(b) and (4)(b) are —
a
institutions within the further education sector;
b
Primary Care Trusts ;
c
work-based learning providers;
d
persons conducting research into the educational achievements of pupils and who require individual pupil information for that purpose;
e
learning providers registered with the UK Register of Learning Providers ;
f
institutions within the higher education sector.
Vernon Coaker
Minister of State
Department for Children, Schools and Families
22nd June 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the School Admissions (Admission Arrangements) (England) (Amendment) Regulations 2009 and come into force on 31st May 2009.
2
These Regulations apply in relation to England only.
Amendments to the School Admissions (Admission Arrangements) (England) Regulations 2008
2
1
The School Admissions (Admission Arrangements) (England) Regulations 2008 are amended as follows.
2
In regulation 31(2) omit “(b) be published in a newspaper circulating in the locality served by the school;”.
3
Insert a new regulation 31A —
1
This regulation prescribes for the purposes of section 88K(4)(c) the manner in which the publication of a report in accordance with regulation 31 must be notified.
2
A notice must, within 14 days after the date when the adjudicator’s decision was made, be published in a newspaper circulating in the locality served by the school.
3
The notice must include the following —
a
the name of the school, the admission arrangements of which are the subject of the adjudicator’s decision; and
b
details of how a full copy of the report can be obtained.
4
Access to the report required by paragraph (3)(b) may be effected by the transmission of the report in electronic form, except in any case where there are grounds for believing that the intended recipient is unable to make use of it in that form.
Sarah McCarthy-Fry
Parliamentary Under Secretary of State
Department for Children, Schools and Families
29th April 2009


text:
Citation and commencement
1
These Rules may be cited as the Tribunal Procedure (Amendment No. 2) Rules 2009 and come into force on 1st September 2009.
Amendments to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008
2
The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 are amended as follows.
3
In rule 23 (cases in which the notice of appeal is to be sent to the decision maker) after paragraph (7) insert —
8
Notwithstanding rule 5(3)(a) (case management powers) and rule 7(2) (failure to comply with rules etc. ), the Tribunal must not extend the time limit in paragraph (5).
.
4
In the first row of the table in Schedule 1 (time limits for providing notices of appeal to the decision maker – cases other than those listed separately), in the second column for paragraph (c) substitute —
c
where the appellant made an application for revision of the decision under —
i
regulation 17(1)(a) of the Child Support (Maintenance Assessment Procedure) Regulations 1992 ;
ii
regulation 3(1) or (3) or 3A(1) of the Social Security and Child Support (Decision & Appeals) Regulations 1999 ; or
iii
regulation 4 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
and that application was unsuccessful, one month of the date on which notice that the decision would not be revised was sent to the appellant
.
Amendment to the Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008
5
In rule 21 of the Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008 (notice of appeal), after paragraph (6) insert —
7
Notwithstanding rule 5(3)(a) (case management powers) and rule 7(2) (failure to comply with rules etc.), the Tribunal must not extend the time limit in paragraph (4).
.
Amendment to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008
6
In the Schedule to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 , in the third row —
a
in the first column, after “Under section 166 of the Education Act 2002 (appeal against steps taken by the registration authority)” insert —
Under section 124 of the Education and Skills Act 2008 (appeal against removal of a registered independent educational institution from the register)
; and
b
in the second column for “and section 32(2) of the Health and Social Care Act 2008” substitute “, section 32(2) of the Health and Social Care Act 2008 and section 124 of the Education and Skills Act 2008”.
Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008
7
The Tribunal Procedure (Upper Tribunal) Rules 2008 are amended as follows.
8
In rule 1 (citation, commencement, application and interpretation) —
a
in paragraph (2) after “Upper Tribunal” insert “except proceedings in the Lands Chamber”; and
b
in paragraph (3) —
i
after the definition of “applicant” insert —
“appropriate national authority” means, in relation to an appeal, the Secretary of State, the Scottish Ministers or the Welsh Ministers, as the case may be;
“authorised person” means an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988 , or a person acting under the direction of such an examiner, who has detained the vehicle to which an appeal relates;
;
ii
in the definition of “respondent”, at sub-paragraph (b) after “any other decision” insert “except a decision of a traffic commissioner”; and
iii
after the definition of “respondent” insert —
“tribunal” does not include a traffic commissioner;
.
9
In rule 5(3) (case management powers) for sub-paragraph (n) substitute —
n
require any person, body or other tribunal whose decision is the subject of proceedings before the Upper Tribunal to provide reasons for the decision, or other information or documents in relation to the decision or any proceedings before that person, body or tribunal.
.
10
For rule 9 (substitution and addition of parties) substitute —
Addition, substitution and removal of parties
9
1
The Upper Tribunal may give a direction adding, substituting or removing a party as an appellant, a respondent or an interested party.
2
If the Upper Tribunal gives a direction under paragraph (1) it may give such consequential directions as it considers appropriate.
3
A person who is not a party may apply to the Upper Tribunal to be added or substituted as a party.
4
If a person who is entitled to be a party to proceedings by virtue of another enactment applies to be added as a party, and any conditions applicable to that entitlement have been satisfied, the Upper Tribunal must give a direction adding that person as a respondent or, if appropriate, as an appellant.
.
11
In rule 10 (orders for costs) —
a
in paragraph (1) —
i
for “referred by or on appeal from” substitute “transferred or referred by, or on appeal from,”; and
ii
in sub-paragraph (a) for “on appeal from” substitute “transferred by, or on appeal from,”; and
b
in paragraph (3), omit sub-paragraph (b).
12
In rule 11(8)(b) (representatives) after “hospital” insert “or”.
13
In rule 14 (use of documents and information) —
a
omit paragraph (4); and
b
after paragraph (7) insert —
8
The Upper Tribunal may, on its own initiative or on the application of a party, give a direction that certain documents or information must or may be disclosed to the Upper Tribunal on the basis that the Upper Tribunal will not disclose such documents or information to other persons, or specified other persons.
9
A party making an application for a direction under paragraph (8) may withhold the relevant documents or information from other parties until the Upper Tribunal has granted or refused the application.
10
In a case involving matters relating to national security, the Upper Tribunal must ensure that information is not disclosed contrary to the interests of national security.
11
The Upper Tribunal must conduct proceedings and record its decision and reasons appropriately so as not to undermine the effect of an order made under paragraph (1), a direction given under paragraph (2) or (8) or the duty imposed by paragraph (10).
.
14
After rule 20 (power to pay expenses and allowances) insert —
Procedure for applying for a stay of a decision pending an appeal
20A
1
This rule applies where another enactment provides in any terms for the Upper Tribunal to stay or suspend, or to lift a stay or suspension of, a decision which is or may be the subject of an appeal to the Upper Tribunal (“the substantive decision”) pending such appeal.
2
A person who wishes the Upper Tribunal to decide whether the substantive decision should be stayed or suspended must make a written application to the Upper Tribunal which must include —
a
the name and address of the person making the application;
b
the name and address of any representative of that person;
c
the address to which documents for that person should be sent or delivered;
d
the name and address of any person who will be a respondent to the appeal;
e
details of the substantive decision and any decision as to when that decision is to take effect, and copies of any written record of, or reasons for, those decisions; and
f
the grounds on which the person making the application relies.
3
In the case of an application under paragraph (2) for a stay of a decision of a traffic commissioner —
a
the person making the application must notify the traffic commissioner when making the application;
b
within 7 days of receiving notification of the application the traffic commissioner must send or deliver written reasons for refusing or withdrawing the stay —
i
to the Upper Tribunal; and
ii
to the person making the application, if the traffic commissioner has not already done so.
4
If the Upper Tribunal grants a stay or suspension following an application under this rule —
a
the Upper Tribunal may give directions as to the conduct of the appeal of the substantive decision; and
b
the Upper Tribunal may, where appropriate, grant the stay or suspension subject to conditions.
5
Unless the Upper Tribunal considers that there is good reason not to do so, the Upper Tribunal must send written notice of any decision made under this rule to each party.
.
15
In rule 21 (application to the Upper Tribunal for permission to appeal) omit paragraph (1).
16
In rule 22 (decision in relation to permission to appeal) after paragraph (3)(a)(ii) insert —
iia
the General Regulatory Chamber of the First-tier Tribunal;
.
17
In rule 23 (notice of appeal) —
a
for paragraphs (1) and (2) substitute —
1
This rule applies —
a
to proceedings on appeal to the Upper Tribunal for which permission to appeal is not required, except proceedings to which rule 26A applies;
b
if another tribunal has given permission for a party to appeal to the Upper Tribunal; or
c
subject to any other direction by the Upper Tribunal, if the Upper Tribunal has given permission to appeal and has given a direction that the application for permission to appeal does not stand as the notice of appeal.
2
The appellant must provide a notice of appeal to the Upper Tribunal so that it is received within 1 month after —
a
the date that the tribunal that gave permission to appeal sent notice of such permission to the appellant; or
b
if permission to appeal is not required, the date on which notice of decision to which the appeal relates was sent to the appellant.
; and
b
for paragraph (6) substitute —
6
When the Upper Tribunal receives the notice of appeal it must send a copy of the notice and any accompanying documents —
a
to each respondent; or
b
in an appeal against the decision of a traffic commissioner, to —
i
the traffic commissioner;
ii
the appropriate national authority; and
iii
in a case relating to the detention of a vehicle, the authorised person.
.
18
In rule 24 (response to the notice of appeal) —
a
for paragraph (1) substitute —
1
This rule and rule 25 do not apply to an appeal against a decision of a traffic commissioner, in respect of which Schedule 1 makes alternative provision.
1A
Subject to any direction given by the Upper Tribunal, a respondent may provide a response to a notice of appeal.
;
b
in paragraph (2)(a) for “if the application for permission” substitute “if an application for permission to appeal”; and
c
in paragraph (3)(e) after “including” insert “(in the case of an appeal against the decision of another tribunal)”.
19
In rule 26A (cases transferred or referred to the Upper Tribunal, applications made directly to the Upper Tribunal and proceedings without notice to a respondent) for paragraph (1) substitute —
1
Paragraphs (2) and (3) apply to —
a
a case transferred or referred to the Upper Tribunal from the First-tier Tribunal; or
b
a case, other than an appeal or a case to which rule 26 (references under the Forfeiture Act 1982) applies, which is started by an application made directly to the Upper Tribunal.
.
20
In rule 37(4)(c) (public and private hearings) for “a direction under rule 14(2) (withholding information likely to cause harm)” substitute “the requirement at rule 14(11) (prevention of disclosure or publication of documents and information)”.
21
In rule 40 (decisions) —
a
in paragraph (3) for “14(2) (withholding harmful information)” substitute “14(11) (prevention of disclosure or publication of documents and information)”; and
b
in paragraph (4) before “Tribunal” insert “Upper”.
22
At the end of the Rules insert —
SCHEDULE 1
Procedure after the notice of appeal in appeals against decisions of traffic commissioners
Rule 24(1)
1
This Schedule applies to an appeal against the decision of a traffic commissioner.
2
The only parties to the appeal are the appellant and any person added as a party under rule 9 (substitution and addition of parties).
3
On receipt of a copy of a notice of appeal under rule 23(6)(b), the traffic commissioner must send to the Upper Tribunal a copy (and, on request, further copies) of —
a
a written record of the decision appealed against and reasons for the decision;
b
all documents produced to the traffic commissioner in connection with the decision;
c
if a public inquiry was held, the transcript of the inquiry or, if no such transcript was produced, the traffic commissioner’s note of the inquiry; and
d
in an appeal under section 50 of the Public Passenger Vehicles Act 1981 or section 37 of the Goods Vehicles (Licensing of Operators) Act 1995 , a list of the names and addresses of objectors and representors.
4
On receipt of a list under paragraph 3(d) the Upper Tribunal must send a copy of the notice of appeal —
a
where the appellant had applied for, or for the variation of, an operator’s licence, to each person who made an objection to the application;
b
where the appellant had made an objection to an application for, or (in the case of a goods vehicle operator’s licence) for the variation of, an operator’s licence, to the person who made the application and to every other person who made an objection to the application; and
c
in an appeal under section 37(5) of the Goods Vehicles (Licensing of Operators) Act 1995, each person who made representations under section 12(4) or 19(2) of that Act against the application for, or for the variation of, the operator’s licence in question.
5
The appropriate national authority and any person to whom the Upper Tribunal has sent a copy of the notice of appeal under paragraph 4 may apply for a direction under rule 9(2) adding them as a respondent.
6
An application under paragraph 5 must be sent or delivered to the Upper Tribunal so that it is received within 14 days of the date that the Upper Tribunal sent a copy of the notice of appeal to the person making the application.
7
If a person specified in paragraph 8 makes an application in accordance with paragraphs 5 and 6, the Upper Tribunal must give a direction under rule 9(2) adding that person as a respondent.
8
The persons specified for the purposes of paragraph 7 are —
a
the appropriate national authority;
b
an objector who was sent a copy of the notice of appeal under paragraph 4(a) or (b); and
c
a person who made an application and was sent a copy of the notice of appeal under paragraph 4(b).
9
The Upper Tribunal must notify each other party of any application under paragraph 5 and the Upper Tribunal’s decision in respect of each such application.
10
Any party may make a request to the Upper Tribunal for copies of specified documents provided by the traffic commissioner under paragraph 3.
11
On receiving a request under paragraph 10 the Upper Tribunal —
a
must provide the requested copies unless it considers the request unreasonable; and
b
if it considers the request unreasonable, give details of why it considers the request unreasonable.
.
Patrick Elias
Phillip Brook Smith Q.C.
Lesley Clare
Carolyn Kirby
Peter Lane
Douglas J. May
Bronwyn McKenna
M.J. Reed
Mark Rowland
Nicholas Warren
I allow these Rules
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
16th July 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use (Marketing Authorisations Etc.) Amendment Regulations 2009 and shall come into force on 1st January 2010.
2
In these Regulations, the “ 1994 Regulations ” means the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 .
Amendment of paragraph 7 of Schedule 2 to the 1994 Regulations
2
For paragraph 7 of Schedule 2 to the 1994 Regulations (requirement to consult the appropriate committee) substitute the following paragraph —
7
1
The licensing authority shall not, at any time while this Schedule applies —
a
unless the circumstances described in sub-paragraph (2) apply, refuse to grant or renew the authorization applied for; or
b
revoke, vary or (subject to paragraph 12 of this Schedule) suspend an authorization,
on grounds relating to safety, quality or efficacy, except after consultation with the appropriate committee.
2
The circumstances for the purposes of sub-paragraph (1)(a) are —
a
the licensing authority has requested the applicant to supply information which the licensing authority regards as relevant to enable the application to be determined; and
b
the information has not been supplied to the licensing authority within the relevant period.
3
In sub-paragraph (2) the “relevant period” is —
a
where the licensing authority has completed its initial full assessment of the application, the period of six months beginning with the date on which the licensing authority requested the applicant to supply the information referred to in sub-paragraph (2)(a); or
b
where the licensing authority has completed its assessment of any supplemental information, the period of three months beginning with the date on which the licensing authority requested the applicant to supply the information referred to in sub-paragraph (2)(a).
4
The applicant may at any time before the relevant period has expired submit a request to the licensing authority for the period to be extended.
5
An applicant requesting an extension of the relevant period must provide grounds on which the request is made.
6
Where an applicant has submitted a request in accordance with sub-paragraphs (4) and (5), the licensing authority may extend the relevant period in accordance with the request provided it considers that the grounds on which it is made are exceptional.
.
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State
Department of Health
19th October 2009


text:
Citation and commencement
1
These Rules may be cited as the Trade Marks and Trade Marks and Patents (Fees) (Amendment) Rules 2009.
2
Rules 20 to 22 of these Rules come into force on 4th October 2009 and all other rules come into force on 1st October 2009.
Amendments to the Trade Marks Rules 2008
3
The Trade Marks Rules 2008 are amended as follows.
4
In rule 2(1), for the definition of “the Office” substitute —
“the Office” means the Patent Office which operates under the name “Intellectual Property Office”;
.
5
In rule 5, omit paragraph (1) and insert —
1
An application for the registration of a trade mark (other than a transformation application, which shall be filed on Form TM4) shall be filed on Form TM3 or, where the application is filed in electronic form using the filing system provided on the Office website, on Form e-TM3.
1A
Where an application is filed on Form TM3 (a “standard application”) the application shall be subject to the payment of the standard application fee and such class and series fees as may be appropriate.
1B
Where an application is filed on Form e-TM3 (an “electronic application”) the application shall be subject to the payment of the e-filed application fee and such class and series fees as may be appropriate, which shall be payable at the time the electronic application is made and if they are not so paid the application shall be subject to the payment of the standard application fee referred to in paragraph (1A) and such class and series fees as may be appropriate.
.
6
In rule 5, at the beginning of paragraph (2) insert “Subject to paragraph (6)”.
7
In rule 5(3), for the words “Form TM3 which shall be filed electronically using the filing system provided on the Office website, or by such other means as the registrar may permit in any particular case,” substitute “Form e-TM3”.
8
In rule 5, after paragraph (5) add —
6
Where it appears to the registrar that the period (the “routine period”) within which applicants are routinely notified of the outcome of an examination under section 37 is equal to or less than the period specified in paragraph (5), the registrar may suspend the right of applicants to file a request for expedited examination until such time as the routine period exceeds the period specified in paragraph (5) and the registrar shall, in each case, publish a notice on the Office website to this effect.
.
9
In rule 13(2), for the words “one month” substitute “14 days”.
10
In rule 26(1), for the words “for a division” substitute “to divide the specification”.
11
In rule 28, omit paragraph (1) and insert —
1
An application may be made in accordance with rule 5 for the registration of a series of trade marks in a single registration provided that the series comprises of no more than six trade marks.
1A
Where an application for registration of a series of trade marks comprises three or more trade marks, the application shall be subject to the payment of the prescribed fee for each trade mark in excess of two trade marks.
.
12
In rule 28, omit paragraphs (3), (4) and (7).
13
In rule 77(2)(a), after “extension” insert “relates to a time or period other than one specified under rule 13 and”.
Amendments to the Trade Marks (Fees) Rules 2008
14
The Schedule to the Trade Marks (Fees) Rules 2008 is amended as follows.
15
In the entry “TM3 – Application for registration of a trade mark (rule 5) or a series of trade marks (rule 28) – 200”, before “Application” insert “Standard”.
16
In the entry “TM3 – Request to the Registrar for expedited examination of application for registration of a trade mark (rule 5(2)) – 300”, for “TM3” substitute “e-TM3” and before “application” insert “electronic”.
17
In the entry “TM3 – Class fee (rule 5), for each class over one – 50”, after “over one” insert “contained in a standard application”.
18
After the entry “TM3 - Class fee (rule 5), for each class over one – 50” insert the following —
TM3 Series fee (rule 28(1A)), for each trade mark over two contained in a standard application 50 e-TM3 Electronic application for registration of a trade mark (rule 5(1B)) or a series of trade marks (rule 28) 170 e-TM3 Class fee (rule 5), for each class over one contained in an electronic application 50 e-TM3 Series fee (rule 28(1A)), for each trade mark over two contained in an electronic application 50
19
In the entry “TM9 – Request for extension of time (rule 77(2)) - 50” for “50” substitute “100”.
Amendments to the Patents (Fees) Rules 2007
20
The Patents (Fees) Rules 2007 are amended as follows.
21
In rule 3, at the end of paragraph (1)(b) insert “ (except where an application is filed in electronic form or using electronic communications in accordance with directions given under section 124A and the application is accompanied by the fee, in which case the application fee is £20)”.
22
After rule 3 insert the following rule —
Electronic filing fee reduction
3A
Where Form 9A or 10 is filed in electronic form or using electronic communications in accordance with directions given under section 124A, the fee specified in Schedule 1 in respect of a request for a search in accordance with rule 27 of the 2007 Rules or a request for a substantive examination in accordance with rule 28 of the 2007 Rules shall in each case be reduced by £10.
.
Transitional Provisions
23
Rule 12 shall not apply to an application for registration of a series of trade marks which was filed before 1st October 2009.
David Lammy
Minister for Higher Education and Intellectual Property
Department for Business, Innovation and Skills
23rd July 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Planning Act 2008 (Commencement No. 3) Order 2009.
2
In this Order “ the Act ” means the Planning Act 2008.
Provisions coming into force on 1st October 2009
2
Paragraphs 24 to 27 of Schedule 1 to the Act, so far as not already in force, shall come into force on 1st October 2009.
Signed by authority of the Secretary of State for Communities and Local Government
Shahid Malik
Parliamentary Under Secretary of State
Department for Communities and Local Government
21st September 2009


text:
Citation and commencement
1
These Regulations may be cited as the Northern Rock plc (Tax Consequences) Regulations 2009 and shall come into force on 1st January 2010.
Interpretation
2
In these Regulations —
“ACo” means Northern Rock plc, company registered number 03273685, or, except in relation to regulation 7, any wholly owned subsidiary of that company;
“BCo” means Gosforth Subsidiary No.1 plc, company registered number 06952311, or any wholly owned subsidiary of that company;
“CTA 2009” means the Corporation Tax Act 2009 ;
“relevant time” means any time when both ACo and BCo are wholly owned by the Treasury;
“relevant transfer” means —
a transfer or novation of any securities, or of any property, rights or liabilities, between ACo and BCo, or
the grant of a lease, sublease, licence or sub-licence by ACo to BCo or by BCo to ACo,
in relation to, in connection with, or by or under, the Northern Rock plc Transfer Order 2009 at a relevant time.
Chargeable gains: no gain or loss disposal
3
1
For the purposes of the Taxation of Chargeable Gains Act 1992 , a disposal constituted by a relevant transfer is to be treated in relation to ACo and BCo as being for a consideration such that neither a gain nor a loss accrues to the transferor.
2
For the purposes of any tax provision, paragraph (1) is to be treated as one of the no gain/no loss provisions in section 288(3A) of the Taxation of Chargeable Gains Act 1992 (meaning of “the no gain/no loss provisions”).
Corporation tax: trading assets and trading liabilities
4
1
For the purposes of Part 3 of CTA 2009 (trading income) (“Part 3”), a relevant transfer of a trading asset or a trading liability is to be treated in relation to ACo and BCo as being for a consideration such that neither a profit nor a loss accrues to the transferor.
2
For the purposes of this regulation —
“trading asset” means an asset the proceeds of disposal of which would, but for this regulation, be brought into account as a receipt under Part 3 otherwise than in accordance with section 297 (trading credits and debits to be brought into account under Part 3), section 573 (trading credits and debits to be brought into account under Part 3) or section 747 (assets held for purposes of trade) of CTA 2009;
“trading liability” means a liability the payment for the assumption of which would, but for this regulation, be brought into account as an expense under Part 3 otherwise than in accordance with section 297 or section 573 of CTA 2009.
3
Schedule 28AA to the Income and Corporation Taxes Act 1988 (provisions not at arm’s length) does not apply in relation to a relevant transfer to which paragraph (1) applies.
Corporation tax: loan relationships
5
1
For the purposes of Chapter 4 of Part 5 of CTA 2009 (continuity of treatment on transfers within groups or on reorganisations), in relation to a relevant transfer, ACo and BCo are to be treated as if, for the purposes of the transfer, they were members of the same group.
2
But a relevant transfer within paragraph (1) is not to be treated as a case within section 336 of CTA 2009 (transfers of loans on group transactions) for the purposes of section 344 of the Act (introduction).
Corporation tax: intangible assets
6
1
For the purposes of Part 8 of CTA 2009 (intangible fixed assets), a relevant transfer of a chargeable intangible asset is to be treated as tax-neutral.
2
Schedule 28AA to the Income and Corporation Taxes Act 1988 (provisions not at arm’s length) does not apply in relation to a relevant transfer to which paragraph (1) applies.
3
For the purposes of section 882 of CTA 2009 (application of Part 8 to assets created or acquired on or after 1st April 2002), assets acquired by ACo or BCo on a relevant transfer are to be treated as if they were acquired from a person who at the time of the acquisition is a related party.
4
Expressions used in this regulation and Part 8 of CTA 2009 have the same meaning in this regulation as they have in that Part.
Income tax: interest paid by banks
7
1
For the purposes of section 878 of the Income Tax Act 2007 (interest paid by banks), ACo is to be treated as a bank in relation to payments of interest made by ACo after 31st December 2009 on any securities or liabilities to which this regulation applies.
2
This regulation applies to —
a
securities issued by ACo on or before 31st December 2009, and
b
liabilities incurred under an agreement entered into by ACo on or before that date,
which are not transferred by a relevant transfer and in relation to which section 878 of the Income Tax Act 2007 applied to payments of interest made on or before 31st December 2009, or would have applied if a payment of interest had been made on or before that date.
Stamp duty
8
No stamp duty is chargeable on an instrument effecting or implementing a relevant transfer.
Stamp duty reserve tax
9
1
No stamp duty reserve tax is chargeable on an agreement to transfer chargeable securities made in relation to, in connection with, or by or under, the Northern Rock plc Transfer Order 2009.
2
In paragraph (1) “chargeable securities” has the meaning given in section 99 of the Finance Act 1986 (interpretation).
Steve McCabe
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
8th December 2009


text:
Citation and commencement
1
These Regulations may be cited as the Medicines for Human Use (Miscellaneous Amendments) Regulations 2009 and shall come into force on 8th May 2009.
Amendment of Schedule 5 to the Medicines for Human Use (Marketing Authorisations Etc) Regulations 1994
2
After paragraph 8 of Schedule 5 to the Medicines for Human Use (Marketing Authorisations Etc) Regulations 1994 (labels) insert the following paragraph —
9
1
In relation to a relevant medicinal product to which sub-paragraph (2) applies —
a
paragraphs 1 to 7 do not apply; and
b
the container of that product shall be labelled to show —
i
the name of the person to whom the relevant medicinal product is to be administered,
ii
the date on which the relevant medicinal product is dispensed, and
iii
the necessary and usual instructions for proper use.
2
This sub-paragraph applies to a relevant medicinal product which is —
a
an antiviral medicine in the form of a solution which is to be used for the treatment of a child under the age of one year; and
b
sold or supplied for the purpose of treating a disease which is —
i
a serious risk to human health or potentially a serious risk to human health; and
ii
which is pandemic or is imminently pandemic.
.
Amendment of regulation 30 of the Medicines for Human Use (Clinical Trials) Regulations 2004
3
For paragraph 2 of regulation 30 of the Medicines for Human Use (Clinical Trials) Regulations 2004 (urgent safety measures) , substitute the following paragraphs —
2
If measures are taken pursuant to paragraph (1), the sponsor shall —
a
where paragraph (3) applies, as soon as possible; and
b
in any other case, immediately, and in any event no later than 3 days from the date the measures are taken,
give written notice to the licensing authority and the relevant ethics committee of the measures taken and the circumstances giving rise to those measures.
3
This paragraph applies for any period during which a disease —
a
is pandemic; and
b
is a serious risk to human health or potentially a serious risk to human health.
.
Amendment of regulation 8 of the Medicines for Human Use (Manufacturing, Wholesale Dealing and Miscellaneous Amendments) Regulations 2005
4
For paragraph (3) of regulation 8 of the Medicines for Human Use (Manufacturing, Wholesale Dealing and Miscellaneous Amendments) Regulations 2005 (requirement that holders of wholesale dealer’s licences comply with certain obligations) , substitute the following paragraph —
3
The restriction in paragraph (2) shall not apply to —
a
the sale or offer for sale of any exempt relevant medicinal product;
b
the export to an EEA State, or supply for the purposes of such export, of a relevant medicinal product which may be placed on the market in that State without a marketing authorization by virtue of legislation adopted by that State under Article 5(1) of the Directive; and
c
the sale, offer for sale or supply of an unauthorised medicinal product where the Secretary of State has temporarily authorised the distribution of that product under Article 5(2) of the Directive.
.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
6th May 2009


text:
Citation
1
This Order may be cited as the Pensions Act 2004 (Commencement No.12) Order 2009.
Appointed day
2
The day appointed for the coming into force of section 166(6) and (7) of the Pensions Act 2004 (duty to pay scheme benefits unpaid at assessment date etc ) is 1st March 2009.
Signed by authority of the Secretary of State for Work and Pensions.
William D.McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
18th February 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Welfare Reform Act 2007 (Commencement No. 10, Transitional and Savings Provisions) Order 2009.
2
In this Order “ the Act ” means the Welfare Reform Act 2007.
Appointed days
2
27th March 2009 is the day appointed for the coming into force of the following provisions of the Act —
a
section 36 (supply of information by rent officers);
b
section 67 and Schedule 8 (repeals) in so far as those provisions relate to the partial repeal of sections 37(2) (widowed mother’s allowance) and 39A(3) (widowed parent’s allowance) of the Social Security Contributions and Benefits Act 1992 .
Transitional and savings provision
3
In cases to which article 3(2) of the Tax Credits Act 2002 (Commencement No. 3 and Transitional Provisions and Savings) Order 2003 applies, sections 37 (widowed mother’s allowance) and 39A (widowed parent’s allowance) of the Social Security Contributions and Benefits Act 1992 (as they continue to apply by virtue of article 4 of that Order) have effect as if the repeals specified in article 2(b) of this Order had not come into force.
Signed by authority of the Secretary of State for Work and Pensions
Kitty Ussher
Parliamentary Under-Secretary of State
Department for Work and Pensions
23rd March 2009


text:
Title, application and commencement
1
This Order may be cited as the Control of Salmonella in Broiler Flocks Order 2009; it applies in England and comes into force on 9th March 2009.
Interpretation
2
In this Order —
“broiler flock” means a flock kept for the production of meat intended for human consumption;
“flock” means all chickens of the same health status kept on the same premises or in the same enclosure and constituting a single epidemiological unit and, in the case of housed chickens, includes all birds sharing the same airspace;
“holding” means any holding on which one or more broiler flocks of chickens are kept or are intended to be kept;
“occupier” means, in relation to any holding, the person in charge of the holding;
“chickens” means birds of the species Gallus gallus .
Competent authority
3
The Secretary of State is the competent authority for the purposes of —
a
Commission Regulation ( EC ) No 646/2007 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of Salmonella enteridis and Salmonella typhimurium in broilers and repealing Regulation (EC) No 1091/2005 ; and
b
Commission Regulation (EC) No 1177/2006 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards requirements for the use of specific control methods in the framework of the national programmes for the control of salmonella in chickens .
Notification of broiler flocks
4
1
The occupier of the holding on which one or more broiler flocks are kept must notify the Secretary of State of the information in paragraph (4) of this article —
a
within three months of the coming into force of this Order; or
b
in the case of such a holding established after the date this Order comes into force, within three months of the establishment of the holding.
2
The occupier must notify the Secretary of State of any change or addition to that information within three months of the change or addition.
3
This article does not apply to any occupier who has notified the Secretary of State of that information under any other enactment.
4
The information to be notified is —
a
the address and telephone number of the holding;
b
the name, address and telephone number of the occupier and of the person who owns each flock on the holding;
c
the number of flocks on the holding.
Sampling
5
1
The occupier must carry out sampling in accordance with points 1 and 2 of the Annex to Regulation (EC) No 646/2007 and must despatch samples to an approved laboratory in accordance with point 3.1 of that Annex (and for the purposes of that point “express post” includes first class post).
2
In relation to each sample the occupier must provide the following information —
a
the name of the occupier;
b
the address of the holding;
c
the type of samples;
d
the date on which the samples were taken;
e
the identification of the flock, where there is more than one flock on the holding;
f
the date on which the flock moved onto the holding;
g
the age of the flock.
Records of samples
6
1
The occupier must, as soon as is reasonably practicable after taking a sample, record —
a
the type of sample taken;
b
the date on which the sample was taken;
c
where there is more than one flock on the holding, the identification of the flock from which the sample was taken;
d
the age of the flock sampled;
e
the laboratory to which the sample was sent;
f
intended date of slaughter of the flock sampled.
2
The occupier must record the result of each test when it is received from the laboratory.
Records of movements
7
When birds are moved on to or off a holding the occupier must record for each flock —
a
the date of the movement;
b
whether the movement was on to or off the holding;
c
the number of birds moved;
d
the age of the birds moved;
e
in the case of the movement of an entire flock, the identification of that flock, where there is more than one flock on the holding;
f
the identity of the building or group of buildings into or from which the birds were moved;
g
the address of the holding that they came from or the slaughterhouse or holding they were sent to.
Duties of the person in charge of a laboratory
8
Where a laboratory tests samples, the person in charge of the laboratory must ensure that they are tested in accordance with point 3 of the Annex to Regulation (EC) No 646/2007 .
Prohibition on the use of antimicrobials
9
No person may administer any antimicrobial to any chickens as a specific method to control salmonella in breach of Article 2 of Commission Regulation (EC) 1177/2006 (use of antimicrobials).
Prohibition on the use of vaccines
10
No person may administer any live salmonella vaccine to any chickens in breach of Article 3(1) of Commission Regulation (EC) 1177/2006 (use of vaccines).
Records
11
Any person required to keep a record under this Order must keep it for two years from the date it is made and must produce it on demand to an inspector or officer of the Secretary of State and allow a copy of it to be made or an extract from it to be taken.
Tampering with samples
12
A person must not tamper with a sample or do anything to it that is likely to affect the result of any test required to be carried out under this Order.
Powers of Secretary of State in cases of default
13
If any person fails to take any action required by this Order, an inspector may arrange for such action to be taken at the expense of the person in default.
Enforcement
14
1
This Order is enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that the Secretary of State will enforce this Order instead of the local authority.
Jane Kennedy
Minister of State
Department for Environment, Food and Rural Affairs
9th February 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pensions Regulator (Delegation of Powers) Regulations 2009 and shall come into force on 13th November 2009.
2
In these Regulations —
“the 2004 Act ” means the Pensions Act 2004;
“the 2008 Act ” means the Pensions Act 2008 .
Delegation of powers by the Regulator
2
1
The Regulator may authorise such persons, in such circumstances and under such arrangements, as the Regulator may determine, to exercise on behalf of the Regulator —
a
the power to determine whether to exercise any of the functions listed in paragraph (2);
b
the power to exercise any of the functions listed in paragraph (2).
2
The functions are —
a
the power to require payment of a penalty under section 10 of the Pensions Act 1995 ;
b
the power to issue an improvement notice under section 13 of the 2004 Act;
c
the power to issue a third party notice under section 14 of the 2004 Act;
d
the power to recover unpaid contributions under section 17 of the 2004 Act;
e
the power to require information under section 72 of the 2004 Act;
f
the power to vary or revoke a determination, order, notice or direction under section 101 of the 2004 Act;
g
the power to issue a compliance notice under section 35 of the 2008 Act;
h
the power to issue a third party compliance notice under section 36 of the 2008 Act;
i
the power to issue an unpaid contributions notice under section 37 of the 2008 Act;
j
the power to issue a fixed penalty notice under section 40 of the 2008 Act;
k
the power to issue an escalating penalty notice under section 41 of the 2008 Act;
l
the power to recover penalties under section 42 of the 2008 Act;
m
the power to review a notice under section 43 of the 2008 Act;
n
the power to issue a compliance notice in respect of prohibited recruitment conduct under section 51 of the 2008 Act;
o
the power to issue a penalty notice in respect of prohibited recruitment conduct under section 52 of the 2008 Act.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
14th July 2009