text:
Citation and commencement
1
These Regulations may be cited as the End-of-Life Vehicles (Producer Responsibility) Regulations 2005 and shall come into force on 3rd March 2005.
Interpretation
2
In these Regulations —
“the Directive” means Directive 2000/53/ EC of the European Parliament and of the Council on end-of-life vehicles ;
“authorised treatment facility” means any establishment or undertaking carrying out treatment operations which holds a site licence that meets the requirements of
in England and Wales, Part VII and Schedule 5 of the End-of-Life Vehicles Regulations 2003 ;
in Scotland, regulations 3 to 6 of the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003 ;
in Northern Ireland, regulation 26 and Schedule 5 of the Waste Management Licensing Regulations (Northern Ireland) 2003 ;
“certificate of compliance” means the type of certificate referred to in regulation 19;
“certificate of destruction” means the type of certificate referred to in Part V of the End-of-Life Vehicles Regulations 2003;
“compliance notice” means the notice referred to in regulation 16;
“end-of-life vehicle” means a vehicle which is waste within the meaning of Article 1(a) of the Waste Directive;
“producer” means the vehicle manufacturer or the professional importer of a vehicle into the United Kingdom;
“recovery” means any of the applicable operations provided for in Annex IIB to the Waste Directive;
“recycling” means the reprocessing in a production process of waste materials for the original purpose or for other purposes but excluding the use of combustible waste as a means to generate energy through direct incineration with or without other waste but with recovery of the heat;
“reuse” means any operation by which components of end-of-life vehicles are used for the same purpose for which they were conceived;
“treatment” means any activity after the end-of-life vehicle has been handed over to a facility for depollution, dismantling, shearing, shredding, recovery or preparation for disposal of the shredder wastes, and any other operation carried out for the recovery and/or disposal of the end-of-life vehicle and its components; and “treat” and “treated” shall be construed accordingly;
“vehicle” means any vehicle designated as category M I or N I defined in Annex IIA to Council Directive 70/156/ EEC relating to the type-approval of motor vehicles and their trailers , and three-wheel motor vehicles as defined in Council Directive 2002/24/EC relating to the type-approval of two- or three-wheel motor vehicles , but excluding motor tricycles; and
“the Waste Directive” means Council Directive 75/442/EC on waste .
Vehicles and End-of-Life Vehicles to which these Regulations apply
3
1
These Regulations apply to vehicles and end-of-life vehicles including their components and materials.
2
The Regulations shall apply irrespective of how the vehicle has been serviced or repaired during use and irrespective of whether it is equipped with components supplied by the producer or with other components whose fitting as spare or replacement parts accords with the appropriate Community or domestic provisions.
Existing Community legislation and relevant national legislation
4
Nothing in these Regulations shall affect the application of existing Community legislation and relevant national legislation, in particular as regards safety standards, air emissions, noise controls and the protection of soil and water.
Special-purpose vehicles
5
Regulations 18 to 20 shall not apply to special-purpose vehicles as defined in the second indent of Article 4(1)(a) of Directive 70/156/EEC .
Three-wheel motor vehicles
6
The following regulations shall not apply to three-wheel motor vehicles —
a
10(6); and
b
18 to 20.
Registration and declaration of responsibility by producers
7
1
By 30th April 2005 each producer shall apply to the Secretary of State for registration and declare responsibility for those vehicles which he has placed on the market before the date of his application for registration.
2
From 1st May 2005 each producer shall apply to the Secretary of State for registration and declare responsibility for those vehicles which he places on the market, which were not the subject of a previous application for registration under paragraph (1), within six months of placing those vehicles on the market.
3
Where a producer who has made a declaration under this regulation subsequently ceases to place vehicles on the market he shall inform the Secretary of State within 28 days of the change in his circumstances.
4
An application by a producer to register shall —
a
be made in writing; and
b
contain at least the information set out in Schedule 1.
5
The details provided by a producer in compliance with the obligations referred to in paragraphs (1), (2), (3) and (4) shall be included in the register of producers to be maintained by the Secretary of State for the purposes of these Regulations.
6
Subject to regulation 9, a producer who has made a declaration under this regulation shall be treated as remaining responsible for the vehicles in respect of which a declaration has been made.
7
Where a producer’s application for registration meets the requirements of paragraph (4), the Secretary of State shall, within —
a
21 days of receipt of the application for registration made under paragraph (1); and
b
28 days of receipt of the application for registration made under paragraph (2),
notify the producer that his application for registration has been granted.
8
Where a producer’s application for registration is refused, the Secretary of State shall notify the producer in writing within 28 days of that decision together with the reasons for the decision.
9
A registered producer shall inform the Secretary of State of any change in circumstances which relate to his registration (except those mentioned in regulation 8) within 28 days of the occurrence of any change.
The Secretary of State’s decision to ascribe responsibility to a producer in respect of vehicles placed on the market
8
1
In the circumstances where vehicles have been placed on the market but no producer has made a declaration of responsibility in accordance with the requirements of regulation 7, the Secretary of State may ascribe responsibility in respect of any of those vehicles to a producer.
2
Where the Secretary of State makes a decision to ascribe responsibility to a producer under paragraph (1), she shall send to the producer a notice in writing of her decision within 14 days of having made that decision.
3
In reaching her decision under paragraph (2) the Secretary of State may take into account the matters referred to in Schedule 2.
4
The notice referred to in paragraph (2) shall include the following —
a
a description of the vehicle to which it relates;
b
if available, information indicating when the vehicle referred to in sub-paragraph (a) was placed on the market;
c
the reasons for the Secretary of State’s decision to ascribe responsibility;
d
a statement notifying the producer of his obligations under these Regulations.
5
Where the Secretary of State makes a decision to ascribe responsibility under paragraph (1), she shall notify the producer that he may make representations to her within a period of 28 days of the date of the notice referred to in paragraph (2) if he objects to the decision.
6
If the Secretary of State considers it appropriate to do so, whether in consequence of any representations or proposals made to her under paragraph (5), or otherwise, she may —
a
revoke the decision which she has made under paragraph (1);
b
without revoking her decision, at any time modify the terms of the notice referred to in paragraph (2), in such manner as she considers appropriate.
7
Where a vehicle is placed on the market and no producer makes a declaration of responsibility under regulation 7, and the Secretary of State does not ascribe responsibility to a producer under paragraph (1), that vehicle may be subject to an agreement as referred to in regulation 26.
Transfer of a producer’s business to another
9
Where the business of a producer is transferred in whole or in part to another person —
a
that producer shall be treated as remaining responsible for those vehicles in respect of which he has made a declaration under regulation 7, or in respect of which the Secretary of State has ascribed responsibility to him under regulation 8, unless he is able to demonstrate to the Secretary of State that the person to whom the business has been transferred has agreed to meet the producer’s obligations in respect of those vehicles under these Regulations; and
b
the person to whom the whole or part of a business is transferred shall be treated as a producer for the purposes of these Regulations, and shall —
i
apply to the Secretary of State for registration under regulation 7(2);
ii
submit details of the system for collection of end-of-life vehicles which he has established under regulation 10; and
iii
attain the targets for reuse, recovery and recycling in regulation 18.
Producer’s obligation to establish and submit details of his system for collection
10
1
Each producer shall establish a system for the collection of the vehicles for which he has declared responsibility for placing on the market under regulation 7, or for which the Secretary of State has ascribed responsibility to him under regulation 8, which the producer anticipates will become end-of-life vehicles.
2
Each producer shall submit to the Secretary of State an application for approval of the system he has established for the collection of the vehicles referred to in paragraph (1) and where —
a
a producer has declared responsibility for placing vehicles on the market under regulation 7(1), the application shall be made before 31st August 2005;
b
a producer has declared responsibility for placing vehicles on the market under regulation 7(2), the application shall be made within six months of placing those vehicles on the market;
c
the Secretary of State has ascribed responsibility to a producer in respect of vehicles placed on the market under regulation 8, the application shall be made within three months of the producer receiving notice of the Secretary of State’s decision.
3
When submitting an application under paragraph (2), each producer shall submit to the Secretary of State details of the system for collection of vehicles, as set out in Schedule 3, which he has established to meet the obligation referred to in paragraph (1).
4
Where there is a significant change in the details relating to the system for collection submitted by a producer under regulation 10(3), the producer shall inform the Secretary of State within 28 days of changing the details of the system for collection and submit a revised application for approval of his system for collection under paragraph (2).
5
Where the Secretary of State believes that there is a significant change in the details relating to a producer’s system for collection which has been submitted in compliance with paragraph (3), she shall send him notice of his obligation to submit a revised application for approval under paragraph (2) within 28 days of his receipt of that notice.
6
From 1st January 2007, where an end-of-life vehicle has no market value no charge shall be imposed on the last owner or holder of that end-of-life vehicle when it is delivered to a system for collection provided by the producer in compliance with his obligations under paragraph (1).
7
The requirements of paragraph (6) shall not apply where the vehicle does not contain the essential components of a vehicle, in particular the engine, transmission, coachwork, wheels or catalytic converter, if a catalytic converter formed part of the vehicle when it was placed on the market, or contains waste which has been added to it.
Accessibility of the system for collection
11
1
Each producer shall ensure that, as regards vehicles for which he has declared responsibility for placing on the market under regulation 7, or for which the Secretary of State has ascribed responsibility to him under regulation 8, his system for collection as referred to in regulation 10 is reasonably accessible to any person who wishes to deliver to it an end-of-life vehicle for which that producer is responsible.
2
Notwithstanding the requirements of paragraph (1), a producer may make alternative arrangements for the collection of vehicles referred to in regulation 10, provided those arrangements are at least as convenient for the last owner or holder of the vehicle as the requirement for delivery referred to in paragraph (1).
Capacity of a network of authorised treatment facilities
12
1
The authorised treatment facilities which comprise all or part of a producer’s system for collection of vehicles shall contain sufficient capacity to treat, in accordance with the requirements of Article 6 and Annex I of the Directive, the number of that producer’s vehicles which are likely to become end-of-life vehicles in 2006 and in each year thereafter.
2
From 1st January 2007 it shall be a requirement of any agreement between a producer and an owner or operator of an authorised treatment facility which forms part of that producer’s system for collection that —
a
where an authorised treatment facility accepts delivery of an end-of-life vehicle to which the agreement applies and which has no market value, no charge shall be imposed upon the last owner or holder of that vehicle; and
b
an authorised treatment facility which is part of a producer’s system for collection shall accept delivery of any end-of-life vehicle which is within the terms of that agreement.
3
The requirements of paragraph (2)(a) shall not apply where the end-of-life vehicle does not contain the essential components of a vehicle, in particular the engine, transmission, coachwork, wheels or catalytic converter, if a catalytic converter formed part of the vehicle when it was placed on the market, or contains waste which has been added to it.
Approval of a producer’s application to establish a collection system
13
Approval of a producer’s application to establish a system for the collection of vehicles under regulation 10 shall be granted where the Secretary of State is satisfied that the requirements of —
a
regulation 10;
b
regulation 11; and
c
regulation 12.
are met.
Revisions to a producer’s application for approval of a collection system where it is anticipated the number of end-of-life vehicles will change in a subsequent year
14
1
Where a producer has submitted an application for approval of his system for the collection of vehicles under regulation 10, and he anticipates in respect of a subsequent year that the capacity of the system for collection will be insufficient for the number of end-of-life vehicles for which he will be responsible, he shall submit a revised application for approval of the system for collection to the Secretary of State.
2
Where a producer has submitted an application for approval of his system for the collection of vehicles under regulation 10, and the Secretary of State has reason to believe that the capacity of his system for collection is insufficient for the number of end-of-life vehicles for which he will be responsible and that producer has not submitted a revised application under paragraph (1), she shall notify the producer accordingly.
3
Where the circumstances in either paragraph (1) or (2) apply, a producer shall submit a revised application for approval of the system for the collection of vehicles to the Secretary of State in writing at least three months before the beginning of the year in which the revised system is intended to come into operation.
4
The Secretary of State shall grant approval of a revised application for approval of the system for the collection of vehicles within 28 days of receipt of the application where she is satisfied that the requirements of regulation 12 have been met.
5
Where a producer has submitted an application for approval of his system for the collection of vehicles under regulation 10, and he anticipates in respect of a subsequent year that the capacity of that system will exceed the number of end-of-life vehicles for which he will be responsible, he may submit a revised application for approval of that system to the Secretary of State, provided that the revised application shall be submitted not less than three months before the start of the year in which the revised system is intended to operate.
Authorised treatment facilities
15
Notwithstanding regulation 12(2), a producer shall not be liable to meet the costs of treatment of a vehicle which he has placed on the market and which has become an end-of-life vehicle, where that vehicle is accepted by an authorised treatment facility which is not part of the system for the collection of vehicles referred to by the producer in the details he has submitted to the Secretary of State under regulation 10(2).
Compliance Notice
16
Where the Secretary of State has reasonable grounds for believing that any or all of the requirements of the following regulations have not been complied with —
a
regulation 7, paragraphs (1), (2) and (3);
b
regulation 10;
c
regulation 11; and
d
regulation 12
she may serve a compliance notice on the producer.
Content of a compliance notice served under regulation 16
17
A notice which is served under regulation 16 shall —
a
include a statement that the Secretary of State believes that a requirement of regulations 7, 10, 11 or 12 has been contravened, specify the particulars thereof and give reasons;
b
require the producer to comply with the requirement and specify the period of time within which the producer must do so; and
c
warn the producer that unless the requirement is complied with within the period specified in the notice he may be prosecuted under regulation 23.
Reuse, Recovery and Recycling targets
18
1
For the year 2006 and every year thereafter until 31st December 2014, each producer shall attain the following targets in respect of those end-of-life vehicles treated at authorised treatment facilities which comprise all or part of the system he has established for collection of vehicles as referred to in regulation 10 —
a
at least 85% reuse and recovery by an average weight per vehicle and year; and
b
at least 80% reuse and recycling by an average weight per vehicle and year.
2
For the year 2015 and every year thereafter, each producer shall attain the following targets in respect of those end-of-life vehicles treated at authorised treatment facilities which comprise all or part of his system for collection as referred to in regulation 10 —
a
at least 95% reuse and recovery by an average weight per vehicle and year; and
b
at least 85% reuse and recycling by an average weight per vehicle and year.
3
Where an authorised treatment facility treats end-of-life vehicles which it is not obliged to treat under an agreement between the owner or operator of that facility and a producer, the owner or operator of that authorised treatment facility shall attain the targets for reuse, recovery and recycling as set out in paragraphs (1) and (2), in respect of those end-of-life vehicles.
4
But as regards vehicles placed on the market before 1st January 1980, the reuse, recovery and recycling targets to be attained for the purposes of paragraph (1)(a) shall be 75% and for the purposes of paragraph (1)(b) shall be 70%.
5
Details of the reuse, recovery and recycling rates achieved by a producer or the owner or operator of an authorised treatment facility, as the case may be, shall be submitted to the Secretary of State by 1st April 2007 for the year 2006 and by 1st April each year thereafter in respect of the immediately preceding year.
Certificate of Compliance
19
1
Where the targets for reuse, recovery and recycling as set out in regulation 18 are attained by —
a
a producer, he shall send a certificate of compliance to the Secretary of State;
b
the owner or operator of an authorised treatment facility, he shall send a certificate of compliance to the Secretary of State.
2
The certificate of compliance shall be sent to the Secretary of State before 1st April each year in respect of the immediately preceding year.
3
The provisions of Schedule 4 shall apply as regards the information to be contained in a certificate of compliance.
Approval of persons to issue certificates of compliance
20
For the purposes of issuing certificates of compliance in accordance with regulation 19(1), the Secretary of State may approve —
a
where the person referred to in regulation 19(1) is an individual, that individual;
b
where the person referred to in regulation 19(1) is a partnership, a partner; or
c
where the person referred to in regulation 19(1) is a company, a director of that company.
Public Register
21
1
The Secretary of State shall maintain and make available in accordance with this regulation a register relating to those producers who register in accordance with regulation 7 and containing the information prescribed in Schedule 5.
2
The Secretary of State shall —
a
ensure that the register is open for inspection at her principal office by members of the public free of charge at all reasonable hours; and
b
permit members of the public to obtain copies of entries in the register on payment of a reasonable charge.
3
The register may be kept in any form but shall be indexed and arranged so that members of the public can readily trace information contained in it.
4
The Secretary of State shall amend the relevant entry in the register to record any change to the information entered and shall note the date on which the amendment is made.
5
For the avoidance of doubt, nothing in this regulation shall require the register to contain information relating to any criminal proceedings (including prospective proceedings) or to anything which is the subject matter of such proceedings, at any time before those proceedings are finally disposed of.
6
Nothing in this regulation shall require the register to contain any information which has been superseded by later information after four years have elapsed from that later information being entered in the register.
Entry and Inspection
22
For the purposes of carrying out her functions under these Regulations, the Secretary of State and any other person whom she considers suitable and whom she has authorised in writing to act on her behalf, may exercise the powers of entry and inspection referred to in Schedule 6.
Offences
23
A producer who fails to comply with any or all of the requirements of regulations —
a
7 (1), (2), (3), (4) or (9);
b
10 (1) to (6);
c
11; and
d
12
shall be guilty of an offence.
2
A person who fails to comply with regulation 18 shall be guilty of an offence.
3
A person who —
a
fails to submit a certificate of compliance in accordance with regulation 19;
b
furnishes a certificate of compliance under regulation 19 and either —
i
knows the information provided in or in connection with the certificate to be false or misleading in a material particular; or
ii
furnishes such information recklessly and it is false or misleading in a material particular;
c
fails without reasonable excuse to furnish any information required by the Secretary of State in accordance with regulation 19(3); or
d
furnishes any information required by the Secretary of State in connection with her functions, powers and duties under these Regulations and either —
i
knows the information to be false or misleading in a material particular; or
ii
furnishes such information recklessly and it is false or misleading in a material particular;
shall be guilty of an offence.
4
Any person who intentionally delays or obstructs a person authorised by the Secretary of State in the exercise of the powers referred to in these Regulations shall be guilty of an offence.
Enforcement
24
1
It shall be the duty of the Secretary of State to enforce these Regulations.
2
Where the Secretary of State serves a compliance notice on a producer under regulation 16, proceedings for an offence under regulation 23(1) shall not commence unless the time limit specified for compliance in the notice has expired.
3
The Secretary of State shall not commence proceedings for an offence in Scotland.
4
The Secretary of State may appoint one of the Environment Agencies to carry out her enforcement duties under these Regulations as follows: —
where the relevant person’s registered office or principal place of business is in —
England and Wales, the Environment Agency;
Scotland, the Scottish Environment Protection Agency; and
Northern Ireland, the Department of the Environment.
5
For the purposes of paragraph (4), the relevant person means a producer or the owner or operator of an authorised treatment facility as the case may be.
Penalties
25
A person guilty of an offence under regulation 23 shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
Power of the Secretary of State to enter into agreements
26
1
For the purposes of implementing the detailed rules of Article 5(4) of the Directive the Secretary of State may enter into agreements with —
a
one or more producers;
b
organisations which represent the interests of the relevant producers.
2
The Secretary of State shall not enter into an agreement unless she is satisfied that it will achieve one or more of the objectives set out in Article 1 of the Directive, that is to say —
a
the prevention of waste from vehicles;
b
the reuse, recycling and other forms of recovery of end-of-life vehicles and their components so as to reduce the disposal of waste; and
c
the improvement in the environmental performance of all the economic operators involved in the life cycle of vehicles, especially the operators directly involved in the treatment of end-of-life vehicles.
Enforcement of Agreements
27
1
Where a person who enters into an agreement with the Secretary of State under regulation 26 fails to comply with the terms of the agreement, such failure shall be treated as if it were a breach of these Regulations, and that person shall be guilty of an offence.
2
A person who is guilty of an offence under this regulation shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
Amendments to the End-of-Life Vehicles Regulations 2003
28
The End-of-Life Vehicles Regulations 2003 are amended as follows —
a
after regulation 3(3) the following shall be inserted: —
4
Only the provisions of Part VII of these Regulations shall apply to three-wheel motor vehicles.
5
with effect from 31st December 2006, regulations 37 to 43 of these Regulations shall cease to apply.
;
b
in regulation 5, for the words “which are outside the scope of Directive 70/156/EC , regulations 14 to 26 inclusive shall not apply” there shall be substituted the words “to which Article 8(2)(a) of Directive 70/156/EEC applies, regulations 16 to 26 shall not apply”;
c
in regulation 29, after the words “authorised treatment facility” there shall be inserted the words “on the form which is to be approved by the Secretary of State,”;
d
after regulation 29 the following shall be inserted —
Issue of a certificate of destruction
29A
A certificate of destruction is validly issued for the purposes of these Regulations only where —
a
it is issued by an authorised treatment facility; and
b
it meets the requirements of regulation 29.
; and
e
in regulation 31, after paragraph (b) there shall be inserted “or (c) 29A.”;
Mike O'Brien,
Minister of State for Energy and e-Commerce
Department of Trade and Industry
8th February 2005


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2005 and shall come into force on 13th April 2005.
Increase of earnings limits in respect of dependent children
2
In paragraph 4(4) of Schedule 7 to the Social Security Contributions and Benefits Act 1992 —
a
in paragraph (a), for the amount of £165 there shall be substituted the amount of £170, and
b
in paragraph (b), for the amount of £21 there shall be substituted the amount of £22 and for the amount of £165 there shall be substituted the amount of £170.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
10 March 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Opticians Act 1989 (Transitional Provisions) Order 2005 and shall come into force on 30th June 2005.
2
In this Order —
“ the Act ” means the Opticians Act 1989 ;
“ the Council ” means the General Optical Council;
“the Disciplinary Committee ” means the Disciplinary Committee established by the old section 5 (the Disciplinary Committee);
“the Opticians Order ” means the Opticians Act 1989 (Amendment) Order 2005; and
“the relevant date” means 30th June 2005.
3
References in this Order to —
a
an old Part or old section are to the Part or section of the Act as it had effect immediately before its amendment or substitution by the Opticians Order; and
b
a new Part or new section are to the Part or section of that Act as amended or substituted by the Opticians Order.
Supplementary provisions in respect of Schedule 2 to the Opticians Order
2
1
Paragraph 4(b) of Schedule 2 to the Opticians Order shall not apply to an allegation that has been considered by the Investigating Committee where that Committee had, before the relevant date, determined not to refer the allegation to the Disciplinary Committee.
2
The Disciplinary Committee shall be entitled to exercise the powers conferred on it by the old section 17(6) and (7) in respect of any allegation falling within paragraph (1), subject to the old section 17(8).
New section 10A
3
1
The obligation in the new section 10A(1) (insurance for individual registrants and persons applying for their name to be registered) for a registered optometrist or registered dispensing optician to maintain adequate and appropriate insurance throughout the period during which he is registered in the appropriate register does not apply to a period of registration prior to the relevant date.
2
Where a person has, prior to the relevant date, sought —
a
retention or registration of his name in; or
b
restoration of his name to,
the registers maintained under the old section 7 (registers of opticians), and —
i
the Council has not determined the matter before the relevant date, and
ii
that person has not supplied evidence in accordance with section 10A that he is covered by adequate and appropriate insurance or, where applicable, that he would be, if registered, covered by such insurance,
paragraph (3) shall apply.
3
Where this paragraph applies, the Registrar shall request in writing that the person provides the evidence to the Council within such period of time as the Registrar may specify, and the Council shall not decide whether to retain or register his name in, or restore his name to, the appropriate register until that period of time has expired, or the evidence is provided, whichever occurs first.
4
The obligation in the new section 10A(6) shall apply to a registered optician or registered dispensing optician whose name was included in the register maintained under the old section 7 immediately before the relevant date if, on or after the relevant date, he is not covered by insurance meeting the requirements of section 10A, whether or not he was, prior to the relevant date, covered by insurance that met the requirements of that section.
New section 12
4
1
Where the Council has, under the old section 12 (approval of training institutions and qualifications), approved an institution or a qualification in accordance with that section, and that approval remains in place immediately before the relevant date, the Council shall be deemed to have approved —
a
that institution under the new section 12(7)(a) (education and training); or
b
that qualification under the new section 12(7)(b),
until such time as the Council makes a further determination in respect of that institution or that qualification under the new section 12 or 13 (supervision of training institutions and qualifying assessments) (as the case may be).
New section 13H
5
Where —
a
a financial penalty order is imposed pursuant to the new section 13H (financial penalty order); and
b
the allegation considered by the Fitness to Practise Committee which resulted in that order being imposed relates to events that took place before the relevant date,
section 13H(3) shall not apply and the maximum penalty for the purposes of section 13H shall instead be £1,600.
Penalty orders
6
1
Where a penalty order has been imposed on a person or body pursuant to the old section 16 (penalty orders) —
a
before the relevant date; or
b
on or after the relevant date pursuant to Schedule 2 to the Opticians Order (transitional provisions) or this Order,
the Council shall, on and after the relevant date, continue to be entitled to recover the sum of money payable in respect of that penalty order from the person or body against whom the order was made if that person or body has failed to pay that sum to the Council within the period specified in the penalty order.
2
The old section 16(7) shall continue to apply to any sum recovered pursuant to this article.
Suspension orders
7
1
Where —
a
before the relevant date; or
b
on or after the relevant date pursuant to Schedule 2 to the Opticians Order or this Order,
a suspension order has been made pursuant to the old Part 3 (disciplinary proceedings) in respect of —
i
a person’s registration in the register, or
ii
a body corporate’s enrolment in the list of bodies corporate,
that suspension shall continue for the period specified in the suspension order as a suspension from the appropriate register referred to in the new section 7 (registers of opticians) or, in respect of a body corporate, as a suspension from the register of bodies corporate maintained under the new section 9(1) (list of bodies corporate carrying on business as opticians).
Erasure orders
8
1
Where —
a
before the relevant date; or
b
on or after the relevant date pursuant to Schedule 2 to the Opticians Order or this Order,
an erasure order has been made pursuant to the old Part 3 in respect of —
i
a person’s registration in the register, or
ii
a body corporate’s enrolment in the list of bodies corporate,
that erasure shall have effect as an erasure from the appropriate register referred to in the new section 7 or, in respect of a body corporate, as an erasure from the register of bodies corporate maintained under the new section 9(1).
Directions under the old section 17(9)
9
1
Where a direction has been made in respect of a body corporate pursuant to the old section 17(9) (powers of Disciplinary Committee) —
a
before the relevant date and it is still in force immediately before the relevant date; or
b
on or after the relevant date pursuant to Schedule 2 to the Opticians Order or this Order,
and that direction is in force immediately before the relevant date, it shall remain in force unless and until, upon the application of that body corporate, the Fitness to Practise Committee revokes that direction under the old section 17(10).
2
Where it appears to the Council on or after the relevant date that a body corporate has contravened a direction falling within paragraph (1), it shall be a ground upon which a business registrant’s fitness to carry on business as an optometrist or a dispensing optician, or both, is impaired for the purposes of the new section 13D(3) (allegations), and accordingly any such contravention may be dealt with in accordance with the new Part 2A (fitness to practise).
Appeals against disciplinary orders etc.
10
1
Where an individual or body corporate has —
a
been notified under the old section 17(11) that —
i
a disciplinary order has been made against him or it under that section, or
ii
a direction has been given in respect of him or it under the old section 17(9); or
b
had a notification served on him under the old section 19(3) (erasure from register and list on grounds of fraud or error),
an appeal which relates to that direction or order shall be dealt with in accordance with the old section 23 (appeals in disciplinary and other cases) in any case to which paragraph (2) applies.
2
This paragraph applies to any direction, order or notification specified in paragraph (1) that —
a
was made, given or served (as the case may be) before the relevant date, where —
i
the period specified in the old section 23(1) or (1B) (as the case may be) has not expired immediately before the relevant date and an appeal is made within that period in accordance with those subsections; or
ii
an appeal was made before the relevant date but it had not been finally determined before that date; or
b
is —
i
made or given on or after the relevant date pursuant to the transitional provisions contained in Schedule 2 to the Opticians Order or this Order, or
ii
served on or after the relevant date,
and an appeal is made on or after the relevant date within the period specified in the old section 23(1) or (1B).
3
The old section 23(3) shall continue to apply to any order or direction specified in that subsection that was made or given before the relevant date.
4
Where any case would have been remitted under the old section 23(1C) to the Disciplinary Committee, that case shall be remitted to the Fitness to Practise Committee to be dealt with under the old Part 3.
Restoration to the Register
11
1
Where, before the relevant date, an erasure order has been made against a person pursuant to the old Part 3, that person may, on or after the relevant date, apply for restoration of his name to the appropriate register under section 13K (restoration of names to a register), as if his name had been erased under section 13F (powers of the fitness to practise committee), save that a person’s first such application on or after the relevant date may only be made within ten months of —
a
the date of erasure; or
b
the date of the Disciplinary Committee’s decision in respect of the last application made under the old section 18 (restoration of names erased as a result of disciplinary cases etc ).
2
An application under paragraph (1) shall be determined in accordance with the new section 13K, except that the new section 13K(2)(a) and (4)(a) shall not apply.
3
Where, before the relevant date, an individual or body corporate has applied for restoration of his name to a register, or, as the case may be, the list, under the old section 18, the Disciplinary Committee shall determine the matter in accordance with the old section 18.
4
Where, in any case falling within this article, the application for restoration succeeds, if the application was made by —
a
an individual, his name shall be included in the appropriate register maintained by the Council under the new section 7 (registers of opticians); or
b
a body corporate, its name shall be included in the register of bodies corporate maintained by the Council under the new section 9(1) (list of bodies corporate carrying on business as opticians).
Status of the Disciplinary Committee
12
1
The Disciplinary Committee established under the old section 5 (the Disciplinary Committee) shall continue in being after the coming into force of article 16 of the Opticians Order (insertion of Part 2A) for the purpose of exercising any function conferred on it by this Order.
2
For the purposes of this article, and Schedule 2 to the Opticians Order (transitional provisions), rules made under the old sections 5 and 21 (procedure of disciplinary committee), that were in force immediately before the coming into force of this Order, shall be treated as if they remained in force for the purposes of any function conferred on the Disciplinary Committee by virtue of this Order or Schedule 2 to the Opticians Order.
Section 29 of the National Health Service Reform and Health Care Professions Act 2002
13
1
Notwithstanding the amendment made by paragraph 13 of Schedule 1 to the Opticians Order (the National Health Service Reform and Health Care Professions Act 2002), the Council for the Regulation of Health Care Professionals shall be entitled to refer to court a disciplinary order made by —
a
the Disciplinary Committee under the old section 17 of the Act, whether that order is made before the relevant date, or on or after the relevant date in accordance with Schedule 2 to the Opticians Order or this Order; or
b
the Fitness to Practise Committee of the Council pursuant to article 10(4),
in accordance with section 29 of the National Health Service Reform and Health Care Professions Act 2002.
A.K Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Designated Area) Order 2005 and shall come into force on 1st July 2005.
Designated area
2
1
For the purposes of sections 132 to 137 of the Serious Organised Crime and Police Act 2005, the designated area is the area bounded by an imaginary line starting at the point where Hungerford Bridge crosses Victoria Embankment, continuing along Hungerford Bridge to the point where it crosses Belvedere Road, rightwards along Belvedere Road as far as Chicheley Street, leftwards along Chicheley Street as far as York Road, rightwards along York Road, crossing Westminster Bridge Road into Lambeth Palace Road, along Lambeth Palace Road as far as Lambeth Bridge, over Lambeth Bridge, leftwards along Millbank as far as Thorney Street, along Thorney Street as far as Horseferry Road, leftwards along Horseferry Road as far as Strutton Ground, along Strutton Ground crossing over Victoria Street into Broadway, along Broadway as far as Queen Anne’s Gate, along Queen Anne’s Gate as far as Birdcage Walk, rightwards along Birdcage Walk as far as Horse Guards Road, along Horse Guards Road as far as the Mall, rightwards along the Mall, across the north end of Whitehall as far as Northumberland Avenue, along Northumberland Avenue as far as Victoria Embankment, leftwards along Victoria Embankment returning to the starting point.
2
Subject to paragraph (3), references in paragraph (1) to a named street or other highway include the pavements adjoining that street or other highway on the extremity of the designated area.
3
The pavements in Trafalgar Square are not included in the designated area.
Charles Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
8th June 2005


text:
Citation and application
1
1
This Order may be cited as the Housing Act 2004 (Commencement No.1) (England) Order 2005.
2
This Order applies to England only.
Commencement
2
The following provisions of the Housing Act 2004 shall come into force on 17th February 2005 —
a
section 220, insofar as it is not already in force ; and
b
sections 221 and 227.
Keith Hill
Minister of State Office of the Deputy Prime Minister
9th February 2005


text:
Citation and interpretation
1
This Order may be cited as the Tax Credits Act 2002 (Transitional Provisions) (No.2) Order 2005.
Transitional provision
2
1
Notwithstanding regulation 7 of the Tax Credits (Claims and Notifications) Regulations 2002 , a person shall not be entitled to a tax credit in respect of any day prior to the day on which he makes a claim for it (“the earlier day”) if —
a
the earlier day falls before 31st December 2006, and
b
on the earlier day the claimant is entitled, or in the case of a joint claim, either of the claimants is entitled, to the child premia in respect of income support or income based jobseeker’s allowance.
2
For the purposes of article 2 “the child premia in respect of income support or income based jobseeker’s allowance” means the amounts referred to in section 1(3)(d) of the Tax Credit Act 2002.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 2005


text:
Citation
1
This Order may be cited as the Bishops' College (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The Bishops' College, Estcourt Close, Gloucester, GL1 3LR , a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
6th July 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Public Trustee (Fees) (Amendment) Order 2005 and shall come into force on 1st April 2005.
2
In this Order an article referred to by number alone means the article so numbered in the Public Trustee (Fees) Order 1999 .
Amendments to the Public Trustee (Fees) Order 1999
2
In article 11(2) —
a
for “10 per cent”, substitute “12.5 per cent”;
b
for “8 per cent”, substitute “10 per cent”;
c
for “4 per cent”, substitute “5 per cent”;
d
for “3 per cent”, substitute “3.8 per cent”; and
e
for “£1,000”, substitute “£1,250”.
3
In article 17 —
a
in paragraph (4) —
i
for “3.75 per cent”, substitute “4.65 per cent”;
ii
for “2.15 per cent”, substitute “2.7 per cent”;
iii
for “1.6 per cent”, substitute “2 per cent”;
iv
for “1 per cent”, substitute “1.25 per cent”;
v
for “0.5 per cent”, substitute “0.6 per cent”;
vi
for “0.25 per cent”, substitute “0.3 per cent”; and
vii
for “£300”, substitute “£375”, and
b
in paragraph (5)(a) for “30 September 2002”, substitute “30 September 2004”.
4
In article 24(1) for “6 per cent”, substitute “7.5 per cent”.
5
In article 30(3) —
a
for “1.35”, substitute “1.25”; and
b
for “1st April 2004”, substitute “1st April 2005”.
Transitional provisions
6
This Order has effect only in relation to fees payable on or after 1st April 2005, and in relation to fees payable before that date the Public Trustee (Fees) Order 1999 shall have effect as if this Order had not been made.
Signed by authority of the Lord Chancellor
Cathy Ashton
Parliamentary Under Secretary of State
Department for Constitutional Affairs
18th February 2005


text:
1
These Regulations may be cited as the Rules of the Air (Amendment) Regulations 2005 and shall come into force on 1st April 2005.
2
The First Schedule to the Rules of the Air Regulations 1996 shall be amended by substituting for Rule 5 —
Low Flying
5
1
The prohibitions to be observed are —
a
an aircraft shall comply with the low flying prohibitions set out in paragraph (2) subject to the low flying exemptions set out in paragraph (3).
b
where an aircraft is flying in circumstances such that more than one of the low flying prohibitions apply it must fly at the greatest height required by any of the applicable prohibitions.
2
The low flying prohibitions
a
Failure of power unit
An aircraft shall not be flown below such height as would enable it, in the event of a power unit failure, to make an emergency landing without causing danger to persons or property on the surface.
b
The 500 feet rule
Except with the permission in writing of the CAA , an aircraft shall not be flown closer than 500 feet to any person, vessel, vehicle or structure.
c
The 1,000 feet rule
Except with the permission in writing of the CAA, an aircraft flying over a congested area of a city town or settlement shall not fly below a height of 1,000 feet above the highest fixed obstacle within a horizontal radius of 600 metres of the aircraft.
d
The land clear rule
An aircraft flying over a congested area of a city town or settlement shall not fly below such height as will permit, in the event of a power unit failure, the aircraft to land clear of the congested area.
e
Flying over open air assemblies
Except with the permission in writing of the CAA, an aircraft shall not fly over an organised open-air assembly of more than 1,000 persons below —
a height of 1,000 feet, or
such height as will permit, in the event of a power unit failure, the aircraft to alight clear of the assembly,
whichever is the higher.
f
Landing and taking off near open air assemblies
An aircraft shall not land or take-off within 1,000 metres of an organised open-air assembly of more than 1,000 persons, except —
at an aerodrome, in accordance with procedures notified by the CAA, or
at a landing site other than an aerodrome, in accordance with procedures notified by the CAA and with the written permission of the organiser of the assembly.
3
Exemptions from the low flying prohibitions
a
Landing and taking off
i
Any aircraft shall be exempt from any low flying prohibition in so far as it is flying in accordance with normal aviation practice for the purpose of taking off from, landing at or practising approaches to landing at or checking navigational aids or procedures at a Government or licensed aerodrome.
ii
Any aircraft shall be exempt from the 500 feet rule when landing and taking-off in accordance with normal aviation practice.
b
Captive balloons and kites
None of the low flying prohibitions shall apply to any captive balloon or kite.
c
Special VFR flight and notified routes
Any aircraft shall be exempt from the 1,000 feet rule when flying on a special VFR flight, or when operating in accordance with the procedures notified for the route being flown; provided that when flying in accordance with this exemption landings may not be made other than at a licensed or Government aerodrome, unless the permission of the CAA has been obtained.
d
Balloons and helicopters over congested areas
i
A balloon shall be exempt from the 1,000 feet rule when landing because it is becalmed.
ii
Any helicopter flying over a congested area shall be exempt from the land clear rule.
e
Police air operator’s certificate
Any aircraft flying in accordance with the terms of a police air operator’s certificate shall be exempt from the 500 feet rule, the 1,000 feet rule, the prohibition on flying over open air assemblies and the prohibition on landing and taking off near open air assemblies.
f
Flying displays etc
An aircraft taking part in a flying display, air race or contest shall be exempt from the 500 feet rule when within a horizontal distance of 1,000 metres of the gathering of persons assembled to witness the event.
g
Glider hill soaring
A glider when hill-soaring shall be exempt from the 500 feet rule.
h
Picking up and dropping at an aerodrome
Any aircraft picking up or dropping tow ropes, banners or similar articles at an aerodrome shall be exempt from the 500 feet rule.
i
Manoeuvring helicopters
A helicopter shall be exempt from the 500 feet rule when conducting manoeuvres in accordance with normal aviation practice, within the boundaries of a licensed or Government aerodrome, or at other sites with the permission of the CAA: provided that when flying in accordance with this exemption the helicopter must not be operated closer than 60 metres to persons, vessels vehicles or structures located outside the aerodrome or site.
j
Dropping articles with CAA permission
i
Any aircraft shall be exempt from the 500 feet rule when flying in accordance with article 56(3)(f) of the Order, and
ii
Any aircraft shall be exempt from the 500 feet rule when flying in accordance with an aerial application certificate issued by the CAA under article 58 of the Order.
Signed by authority of the Secretary of State for Transport
Charlotte Atkins
Parliamentary Under Secretary of State
Department for Transport
1st April 2005


text:
Title, application and commencement
1
These Regulations may be cited as the Bovine Products (Restriction on Placing on the Market) (England) (No. 2) Regulations 2005, apply in relation to England only and come into force on 1st January 2006.
Interpretation
2
1
In these Regulations —
“the Agency” means the Food Standards Agency;
“animal feed” and “human food” have the meanings that they respectively bear in Regulation 999/2001;
“authorised officer”, in relation to the relevant enforcement authority, means any person (whether or not an officer of the authority) authorised by it in writing, either generally or specially, to act in matters arising under these Regulations and in relation to —
a slaughterhouse;
a cutting plant;
an establishment to which Chapter I of Section V of Annex III to Regulation 853/2004 applies; and
an establishment at which meat products are produced,
includes an official veterinarian and an official auxiliary;
“bovine animal” includes —
buffalo of the species Bubalus bubalis; and
Bison bison;
“cutting plant” means an establishment which is used for boning and/or cutting up fresh meat for placing on the market as defined in Article 3.8 of Regulation 178/2002 and which —
is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31st December 2005, operating as licensed cutting premises under the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
“cutting up” has the meaning that it bears in Regulation 853/2004;
“Decision 2005/598”, “Directive 2004/41”, “Regulation 999/2001”, “Regulation 178/2002”, “Regulation 1642/2003”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004”, “Regulation 932/2005” and “Regulation 1688/2005” have the meanings respectively given to them in the Schedule;
“establishment” has the meaning given in Article 2.1(c) of Regulation 852/2004;
“fertilisers” has the meaning given to it in Article 3.1(k) of Regulation 999/2001;
“food authority” has the meaning that it bears by virtue of section 5(1) of the Food Safety Act 1990 , except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of that Act (which deals with the Inner Temple and Middle Temple);
“fresh meat” means meat that has not undergone any preserving process other than chilling, freezing or quick-freezing, including meat that is vacuum-wrapped or wrapped in a controlled atmosphere;
“material” and “product” shall respectively be construed in accordance with the meanings that “materials” and products” bear in Decision 2005/598;
“meat” means edible parts of a bovine animal including its blood;
“meat product” shall be construed in accordance with the definition of the term “meat products” in point 7.1 of Annex I to Regulation 853/2004;
“official auxiliary” means a person who is qualified in accordance with Regulation 854/2004 to act in such a capacity, is appointed by the Agency and works under the authority and responsibility of an official veterinarian;
“official veterinarian” means a veterinarian who is qualified in accordance with Regulation 854/2004 to act in such a capacity and is appointed by the Agency;
“place on the market” means sell, supply in any other way against payment or free of charge and store with a view to supply against payment or free of charge and “placed on the market” shall be construed accordingly;
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease ) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act;
“the relevant enforcement authority” means the authority which by virtue of regulation 7 has the duty of executing and enforcing these Regulations; and
“slaughterhouse” means an establishment used for slaughtering and dressing bovine animals, the meat of which is intended for human consumption and which —
is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31st December 2005, operating as a licensed slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995.
2
Any reference in these Regulations to a food authority includes a reference to a port health authority and in the context of such a reference any reference to a food authority’s area includes a reference to a port health authority’s district.
Prohibition on marketing of certain products derived from older bovine animals
3
1
Subject to paragraph (2), no person shall place on the market any product —
a
consisting of or incorporating any material derived from a bovine animal born or reared within the United Kingdom before 1st August 1996; and
b
intended for use in human food, animal feed or fertilisers.
2
Nothing in paragraph (1) shall prevent milk derived from a bovine animal born or reared within the United Kingdom before 1st August 1996 from being placed on the market.
Application of various provisions of the Food Safety Act 1990
4
The following provisions of the Food Safety Act 1990 shall apply for the purposes of these Regulations with the modification that any reference in those provisions to that Act or Part thereof shall be construed as a reference to these Regulations —
a
section 20 (offences due to fault of another person);
b
section 21 (defence of due diligence) with the modifications that subsections (2) to (4) shall apply in relation to an offence under regulation 6(1) as they apply in relation to an offence under section 14 or 15 and that in subsection (4)(b) the references to “sale or intended sale” shall be deemed to be references to “placing on the market” as defined in Article 3.1(b) of Regulation 999/2001;
c
section 32 (powers of entry);
d
section 33(1) (obstruction etc. of officers);
e
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection 1(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub–paragraph (d);
f
section 35(1) (punishment of offences) , in so far as it relates to offences under section 33(1) as applied by sub–paragraph (d);
g
section 35(2) and (3) , in so far as it relates to offences under section 33(2) as applied by sub–paragraph (e);
h
section 36 (offences by bodies corporate);
i
section 36A (offences by Scottish partnerships) ; and
j
section 44 (protection of officers acting in good faith) with the modification that the references to “food authority” shall be deemed to be references to the relevant enforcement authority.
Inspection and seizure of suspected products
5
1
An authorised officer of the relevant enforcement authority may at all reasonable times inspect any product that has been placed on the market and paragraphs (2) to (7) shall apply where, on such an inspection or for any other reasonable cause, it appears to the authorised officer that any person has failed to comply with regulation 3 in relation to any product.
2
The authorised officer may either —
a
give notice to the person in charge of the product that, until the notice is withdrawn, the product or any specified portion of it —
i
is not to be further placed on the market for use in human food, animal feed or fertilisers, and
ii
either is not to be removed or is not to be removed except to some place specified in the notice; or
b
seize the product and remove it in order to have it dealt with by a justice of the peace.
3
Where the authorised officer exercises the power conferred by paragraph (2)(a), he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that regulation 3 has been complied with in relation to the product and —
a
if he is so satisfied, shall forthwith withdraw the notice; and
b
if he is not so satisfied, shall seize the product and remove it in order to have it dealt with by a justice of the peace.
4
Where an authorised officer exercises the power conferred by paragraph (2)(b) or (3)(b), he shall inform the person in charge of the product of his intention to have it dealt with by a justice of the peace and —
a
any person who under regulation 3 might be liable to a prosecution in respect of the product shall, if he attends before the justice of the peace by whom the product falls to be dealt with, be entitled to be heard and to call witnesses; and
b
that justice of the peace may, but need not, be a member of the court before which any person is charged with an offence under that section in relation to that product.
5
If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that there has been a failure to comply with regulation 3 in relation to any product falling to be dealt with by him under this regulation, he shall condemn the product and order —
a
the product to be destroyed or to be so disposed of as to prevent it from being further placed on the market for use in human food, animal feed or fertilisers; and
b
any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the product.
6
If a notice under paragraph (2)(a) is withdrawn, or the justice of the peace by whom any product falls to be dealt with under this regulation refuses to condemn it, the relevant enforcement authority shall compensate the owner of the product for any depreciation in its value resulting from the action taken by the authorised officer.
7
Any disputed question as to the right to or the amount of any compensation payable under paragraph (6) shall be determined by arbitration.
Offences and penalties
6
1
Any person who contravenes regulation 3 or knowingly contravenes the requirements of a notice given under paragraph (2)(a) of regulation 5 shall be guilty of an offence.
2
Any person guilty of an offence under this regulation shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
3
No prosecution for an offence consisting of a contravention of regulation 3 or of knowingly contravening the requirements of a notice given under paragraph (2)(a) of regulation 5 shall be begun after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor,
whichever is the earlier.
Enforcement
7
These Regulations shall be executed and enforced —
a
in a slaughterhouse or in a cutting plant, by the Agency; and
b
in any other premises, by the Agency or the food authority in whose area the premises are situated.
Amendment of the Animal By–Products (Identification) Regulations 1995
8
For paragraph (3) of regulation 3 (meaning of animal by–product) of the Animal By–Products (Identification) Regulations 1995 in so far as it applies in relation to England there shall be substituted the following paragraph —
3
In these Regulations the definition of “animal by–product” includes —
a
any product subject to the prohibition imposed by regulation 3 of the Bovine Products (Restriction on Placing on the Market) (England) (No. 2) Regulations 2005; and
b
any bovine carcase or body part in respect of which a direction for disposal has been given under regulation 10A(5) of the TSE (England) Regulations 2002 .
.
Revocation
9
The Bovine Products (Restriction on Placing on the Market) (England) Regulations 2005 are revoked.
Signed by authority of the Secretary of State for Health
Caroline Flint
Parliamentary Under Secretary of State,
Department of Health
24th October 2005


text:
1
These Rules may be cited as the Young Offender Institution (Amendment) (No. 2) Rules 2005 and shall come into force on 3rd January 2006.
2
The Young Offender Institution Rules 2000 shall have effect subject to the amendments set out in the Schedule to these Rules.
Scotland of Asthal,Q.C.
Minister of State
Home Office
13th December 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Energy Act 2004 (Nuclear Decommissioning) (Exempt Activities and Further Conditions) Regulations 2005 and shall come into force on 1st April 2005.
2
In these Regulations —
a reference, without more, to a numbered section or Schedule is a reference to the corresponding provision of the Energy Act 2004;
“the NDA ” means the Nuclear Decommissioning Authority (see section 1); and
“designated” means designated by means of a direction given by the Secretary of State to the NDA under section 3(3); andany other expression defined in section 37(1) bears the same meaning in these Regulations.
Exempt activities for the purposes of section 27 of, and Schedule 4 to, the Energy Act 2004
2
1
For the purposes of section 27 and Schedule 4 (tax exemptions for NDA activities) the activities mentioned in paragraph (2) are specified.
2
The activities are the operation of designated facilities for the treatment, storage, transportation or disposal of hazardous material, carried on for the purpose of thermal oxide reprocessing or mixed oxide manufacture where that reprocessing or manufacture is undertaken at Sellafield in Cumbria.
Further conditions in respect of NDA company which is a relevant site licensee
3
1
The further conditions referred to in section 27(5)(d) (conditions in respect of NDA company which is a relevant site licensee) are those in paragraphs (2) and (3).
2
The condition is that all the ordinary share capital of the company must have been transferred from the NDA or a wholly owned subsidiary of the NDA (“the original transfer”).
3
The condition is that where —
a
a management contract is in force —
i
which relates to the whole or part of the site, or to an installation or facility in or on that site, for which a nuclear site licence is in force; and
ii
which is made between the NDA and the company, or between the NDA and a company which owns, directly or indirectly, at least 90 per cent of the ordinary share capital of the company; or
b
the company has control of a designated installation, site or facility and directions have been given to the company under section 18(3) in respect of that installation, site or facility;
the company’s memorandum and articles must be such as to secure that the restrictions imposed by paragraphs (4) and (5) will always be met.
4
The company may not declare dividends on its shares.
5
A transfer of the company’s shares —
a
may only be made to the NDA; or a wholly owned subsidiary of the NDA,
b
must comprise the whole of the company’s share capital, and
c
must be for a consideration which is no greater than that given for the original transfer.
6
For the purposes of paragraph (5)(c) where consideration is given for share capital and for something else besides, a just and reasonable apportionment shall be made between the amount given for the share capital and the amount given for the other thing.
Jim Murphy
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 2005
Signed by authority of the Secretary of State.
The Secretary of State concurs.
Nigel Griffiths
Parliamentary Under-Secretary of State For Small Business and Construction
Department for Trade and Industry
9th March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Voluntary Adoption Agencies (Amendment) Regulations 2005 and shall come into force on 30th December 2005.
Amendment of the Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003
2
1
The Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003 are amended as follows.
2
In regulation 1(2) (interpretation) —
a
for the definition of “agency” substitute —
“agency” means a registered adoption society ;
; and
b
insert in the appropriate places —
“ 2002 Act ” means the Adoption and Children Act 2002;
; and
“adoption support services” means, in addition to the services set out in section 2(6)(a) of the 2002 Act, the services prescribed for the purposes of section 2(6)(b) of that Act —
in relation to England, by the Secretary of State ; and
in relation to Wales, by the Assembly ;
.
3
In regulations 10(1)(a)(ii) (arrangements for the protection of children), 13(b)(ii) (staffing of agency) and 19(3) (notifiable events - definition of “approved by the agency”) for “Adoption Agencies Regulations 1983” substitute “Adoption Agencies Regulations 2005 or the Adoption Agencies (Wales) Regulations 2005 ”.
4
There is inserted after Part 4, the Part 4A set out in the Schedule to these Regulations.
5
In Schedule 1 (information to be included in statement of purpose) insert after paragraph 7 —
7A
Where an agency may provide adoption support services a description of the adoption support services provided by the agency and the procedure for assessing needs for adoption support services.
6
In Schedule 3 (staff records) insert after paragraph 5 —
5A
Where an agency may provide adoption support services, qualifications relevant to, and experience of, working with adults and children receiving adoption support services.
.
Maria Eagle
Parliamentary Under Secretary of State
Department for Education and Skills
3rd December 2005
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998.
Dafydd Elis-Thomas
Presiding Officer National Assembly for Wales
29th November 2005