text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety (Fees) Regulations 2006 and shall come into force on 6th April 2006.
2
In these Regulations —
“approval” includes the amendment of an approval, and “amendment of an approval” includes the issue of a new approval replacing the original incorporating an amendment;
“employment medical adviser” means an employment medical adviser appointed under section 56(1) of the 1974 Act;
“the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to —
mines within the meaning of section 180 of the Mines and Quarries Act 1954 ;
tips and quarries within the meaning of regulations 2(1) and 3 respectively of the Quarries Regulations 1999 ; and
tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969 ;
and includes regulations, rules and orders relating to a particular mine (whether they are continued in force by regulation 7(3) of the Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974 or are health and safety regulations);
“original approval” does not include an amendment of an approval; and
“working days” does not include weekends or public holidays.
3
Any reference in these Regulations to the renewal of an approval, explosives certificate, licence or registration (each referred to in this paragraph as an “authorisation”) means the granting of the authorisation concerned to follow a previous authorisation of the same kind without any amendment or gap in time.
Fees payable under the mines and quarries provisions
2
1
A fee shall be payable by the applicant to the Executive on each application for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.
2
The fee payable under paragraph (1) on application for such approval as is mentioned in column 1 of Part 1 of Schedule 1 shall be respectively that specified in the corresponding entry in column 2, 3 or 4 of that Part.
3
Where the Executive requires testing to be carried out to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant prior to the notification of the result of the application for the approval as described below —
a
in the case of explosives and detonators, for each test specified in column 1 of Part 2 of Schedule 1, the fee shall be that specified in the corresponding entry in column 2 of that Part;
b
in any other case, the fee shall be as set out in Part 3 of Schedule 1 (that is to say the reasonable cost to the Executive of having the testing carried out).
Fees for applications for approval under the Agriculture (Tractor Cabs) Regulations 1974
3
1
A fee shall be payable by the applicant to the Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974 .
2
The fee payable on application for such an approval or revision of an approval as is described in column 1 of Schedule 2 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fee for application for approval under the Freight Containers (Safety Convention) Regulations 1984
4
1
A fee shall be payable by the applicant to the Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984 .
2
The fee payable on application for the approval described in column 1 of Schedule 3 shall be that specified in column 2 of that Schedule.
Fees for various applications under the Asbestos (Licensing) Regulations 1983
5
1
A fee shall be payable by the applicant to the Executive on each application for a licence under the Asbestos (Licensing) Regulations 1983 (“the 1983 Regulations ”).
2
The fee payable on application for a licence described in column 1 of Table 1 in Schedule 4 shall be that specified in column 2 of that Table.
3
Where the Executive refuses to grant an applicant a licence under the 1983 Regulations and offers to reassess whether to grant the application if shortcomings leading to the refusal are remedied, a fee shall be payable by the applicant to the Executive in respect of any such reassessment.
4
The fee payable for the reassessment referred to in paragraph (3) shall be that specified in column 1 of Table 2 in Schedule 4.
5
Where the Executive amends a licence granted under the 1983 Regulations and the amendment relates to a condition or the duration of the licence, a fee shall be payable to the Executive by the licensee.
6
The fee payable under paragraph (5) shall be that specified in column 2 of Table 2 in Schedule 4.
7
Where the Executive replaces a lost licence granted under the 1983 Regulations or amends a licence granted under those Regulations for reasons other than those referred to in paragraph (5), a fee shall be payable to the Executive by the licensee.
8
The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 in Schedule 4.
Fees for examination or surveillance by an employment medical adviser
6
1
A fee shall be payable to the Executive by an employer in respect of a medical examination or medical surveillance of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 5.
2
The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when surveillance is carried out together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 5 —
a
the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
b
the additional fee for X-rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X-rays taken in connection with any one examination;
c
the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination.
3
Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Control of Asbestos at Work Regulations 2002 , that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).
Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 2002
7
1
A fee shall be payable to the Executive by an employer in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 2002 .
2
The fee payable for each item described in column 1 of Schedule 6 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for various applications in connection with the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001
8
1
A fee shall be payable by the applicant to the Executive on each application for an approval of dosimetry services, or for the reassessment of an approval of dosimetry services previously granted, for the purposes of the 1999 Regulations .
2
A fee shall be payable by the applicant to the Executive on each application for the type approval of apparatus pursuant to sub-paragraphs 1(c)(i) and 1(d)(i) of Schedule 1 to the 1999 Regulations.
3
The fee payable for approval or reassessment or type approval in respect of each matter described in column 1 of Table 1 in Schedule 7 shall be that specified in the corresponding entry in column 2 of that Table.
4
A fee shall be payable by the applicant to the Executive on each application for an approval of dosimetry services, or for the reassessment of an approval of dosimetry services previously granted, for the purposes of regulation 14 of the Radiation (Emergency Preparedness and Public Information) Regulations 2001 .
5
The fee payable for an application for each purpose specified in column 1 of Table 2 in Schedule 7 shall be that specified in column 2 of that Table.
6
A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its nuclear or other specialist inspectors in connection with any application in respect of which a fee is payable —
a
by virtue of paragraph (1) or (2), or
b
by virtue of paragraph (4)
and the fee for such work in connection with each matter described in column 1 of Tables 1 and 2 in Schedule 7 shall be that specified in the corresponding entry in column 3 of those Tables for each hour worked, adjusted pro rata for a period worked of less than one hour.
7
Where the Executive requires an inspection to be carried out in connection with any application mentioned in this regulation, a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of any member of the Executive’s staff in connection with the inspection.
8
Any fee payable under paragraph (6) or (7) shall be payable prior to notification of the result of the application.
9
In this regulation “the 1999 Regulations” means the Ionising Radiations Regulations 1999 .
Fees payable under the Manufacture and Storage of Explosives Regulations 2005 and certain other provisions concerning explosives, including acetylene, and under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
9
1
Where any application in relation to a provision specified in column 1 of Part 1 of Schedule 8 is made to the Executive, where it is the licensing authority by virtue of paragraphs 1(b) or (c) or 2 of Schedule 1 to the 2005 Regulations , for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Executive, save that, in the case of an application referred to in column 2 of that Part for a licence to manufacture ammonium nitrate blasting intermediate, or to vary any such licence, the fee referred to in column 3 of that Part as an amount per hour worked —
a
shall be adjusted pro rata for a period worked of less than one hour; and
b
shall be payable prior to notification of the result of the application.
2
Where any application in relation to a provision specified in column 1 of Part 2 of Schedule 8 is made to a licensing authority, which is the licensing authority by virtue of paragraph 1(a) of Schedule 1 to the 2005 Regulations, for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to that licensing authority.
3
Where an application in relation to the provision specified in column 1 of Part 3 of Schedule 8 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Executive.
4
The fee payable under each provision specified in column 1 of Part 4 of Schedule 8 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.
5
A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1) or (3) for any purpose specified in column 2 of each of Parts 1 and 3 of Schedule 8 for which there is a corresponding entry in column 4 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 4 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to notification of the result of the application.
6
A fee shall be payable by the applicant to the Executive for each application made for each purpose specified in column 1 of each of Parts 5, 6 and 7 of Schedule 8 and such fee shall be payable on making the application save that, in the case of an application for the purpose referred to in the entry in column 1 of Part 7 of that Schedule, the fee shall be payable prior to notification of the result of the application.
7
The fee for an application for each purpose specified in column 1 of each of Parts 5, 6 and 7 of Schedule 8 shall be that specified in the corresponding entry in column 2 in the respective Part and, where the fee is determined as an amount per hour worked, the fee shall be adjusted pro rata for a period worked of less than one hour.
8
A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (6) for any purpose specified in column 1 of each of Parts 5 and 6 of Schedule 8 for which there is a corresponding entry in column 3 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 3 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to notification of the result of the application.
9
A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part 8 of Schedule 8, and the fee for testing in connection with each such purpose shall be the reasonable cost to the Executive of having the work carried out and such fee shall be payable prior to notification of the result of the application.
10
Where any application in relation to the provision specified in column 1 in Table 1 in Part 9 of Schedule 8 is made for a purpose specified in column 2 of that Table, the fee specified in the corresponding entry in column 3 of that Table shall be payable by the applicant to the chief officer of police.
11
Where, in relation to an application for an explosives certificate under the Control of Explosives Regulations 1991 , a check is carried out for the purposes of regulation 4(6)(d) of those Regulations to ascertain whether the applicant is a prohibited person or not, a fee shall be payable by the applicant to the chief officer of police and the fee, which shall be payable prior to that check being carried out, shall be that specified in Table 2 in Part 9 of Schedule 8.
12
Parts 2 and 4 of Schedule 8 shall have effect subject to, respectively, the Notes to Parts 2 and 4.
13
For the purposes of this regulation and Schedule 8 —
a
“the 2005 Regulations” means the Manufacture and Storage of Explosives Regulations 2005 ;
b
“ammonium nitrate blasting intermediate” , “licence”, “licensing authority”, “on-site mixing”, “registered” and “registration” have the same meanings as in the 2005 Regulations; and
c
“chief officer of police”, “explosives certificate” and “prohibited person” have the same meanings respectively as in the Control of Explosives Regulations 1991.
Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
10
Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928 or section 1(4) of the Petroleum (Transfer of Licences) Act 1936 the fees in respect of applications for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after the coming into force of these Regulations irrespective of the date of the application for that licence, transfer or renewal.
Fees for application for or changes to an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987
11
1
A fee shall be payable by the applicant to the Executive on each application for an explosives licence, for any alteration in the terms of, or other change to an existing licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 .
2
The fee on an application for each purpose specified in column 1 of Schedule 9 shall be that specified in column 2 of that Schedule and where the fee is determined as an amount per hour worked, the fee, which shall be adjusted pro rata for a period worked of less than one hour, so calculated shall be payable prior to notification of the result of the application.
Estimate of cost of work
12
Where any fee is to be assessed on the reasonable cost to the Executive of carrying out any work or testing under regulation 2(3)(b) or 9(9) or to the licensing authority of carrying out any work pursuant to regulation 9(2), the Executive or, as the case may be, the licensing authority shall on receipt of the application first prepare and send to the applicant an estimate of that cost and shall, before carrying out the work, obtain confirmation from the applicant that he wishes the work to be carried out on the basis of that estimate of cost.
Fees for notifications and applications under the Genetically Modified Organisms (Contained Use) Regulations 2000
13
1
The fee specified in column 2 of Schedule 10 shall be payable by a notifier to the competent authority on each such notification or application under the 2000 Regulations as is referred to in the corresponding entry in column 1 of that Schedule.
2
No fee shall be returned to a notifier where the competent authority returns a notification pursuant to regulation 14(7) of the 2000 Regulations or a notifier withdraws his notification pursuant to regulation 15(6) of the 2000 Regulations.
3
In this regulation, “the 2000 Regulations” means the Genetically Modified Organisms (Contained Use) Regulations 2000 and “competent authority” has the same meaning as in those Regulations.
Fees for notifications and applications under the Notification of New Substances Regulations 1993
14
1
The fee specified in column 2 of Table 1 in Schedule 11 shall be payable by a notifier to the competent authority, within the meaning of the Notification of New Substances Regulations 1993 , on each such notification or application under those Regulations as is referred to in the corresponding entry in column 1 of that Table.
2
In the circumstances described in column 1 of Table 2 in Schedule 11, the fee specified in the corresponding entry in column 2 of that Table shall be payable by the notifier to the Executive in addition to the fee payable under paragraph (1) in respect of the notification concerned.
3
In Schedule 11 —
“the 1982 Regulations ” means the Notification of New Substances Regulations 1982 ;
“the 1993 Regulations ” means the Notification of New Substances Regulations 1993;
“the predecessor Directive” has the same meaning as is given to “the Directive” in the first mentioned Regulations in this paragraph;
“RTP polymer” means a polymer, which word has the same meaning as in the second mentioned Regulations in this paragraph, for which a reduced test package is acceptable pursuant to paragraph C.2 of Part D of Schedule 2 to those second mentioned Regulations; and,
references in that Schedule to “competent authority”, “the Directive”, “member State” and “process-orientated research and development” have the same meanings as in those second mentioned Regulations.
Fees payable in respect of offshore installations
15
1
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 12 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee shall be payable to the Executive by an operator or owner who has prepared a current safety case pursuant to the 2005 Regulations for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or more than one of the following —
a
that operator or owner in relation to the installation to which the current safety case relates; or
b
a contractor in relation to any work carried out by him on or in connection with that installation.
3
For the purposes of this regulation, regulation 18 and Schedule 12, “the 1992 Regulations ” means the Offshore Installations (Safety Case) Regulations 1992 , “the 2005 Regulations” means the Offshore Installations (Safety Case) Regulations 2005 and “installation”, “current safety case”, “safety case”, “operator” and “owner” have the same meanings as in the 2005 Regulations.
Fees payable in respect of railway safety functions
16
1
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 13 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee shall be payable to the Executive by a railway operator who has prepared a safety case which has been accepted by the Executive pursuant to the 2000 Regulations for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or other or both of the following —
a
that railway operator in relation to the railway infrastructure, station or train operation to which that safety case relates; or
b
a contractor in relation to work carried out by him on or in connection with that railway infrastructure or station or in connection with that train operation.
3
This regulation shall not apply to a function performed in relation to the tunnel system within the meaning of section 1(7) of the Channel Tunnel Act 1987 .
4
This regulation shall not apply to a function performed in relation to a railway, tramway or trolley vehicle system if on no part of that railway, tramway or trolley vehicle system there is a line speed exceeding 40 kilometres per hour and for the purposes of this paragraph “line speed” means the highest of the permitted speeds on the railway, tramway or trolley vehicle system concerned and “permitted speed” means the maximum speed permitted on the part of the railway, tramway or trolley vehicle system concerned.
5
In this regulation, regulation 18 and Schedule 13, “the 2000 Regulations” means the Railways (Safety Case) Regulations 2000 , the “ Approval Regulations ” means the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994 , “railway”, “railway infrastructure”, “railway operator”, “safety case”, “station” and “train” have the same meanings as in the 2000 Regulations and “tramway” and “trolley vehicle system” have the same meanings as in the Transport and Works Act 1992 .
Fees payable in respect of gas safety functions
17
1
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 14 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee shall be payable to the Executive by a person conveying gas who has prepared a safety case pursuant to the 1996 Regulations or by a network emergency co-ordinator for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or other or both of the following —
a
that person in relation to the network to which the safety case relates; or
b
a contractor in relation to work carried out by him on or in connection with that network,
insofar as such enforcement is for the purpose of protecting persons from risks arising from the manner in which gas is conveyed or used.
3
In this regulation, regulation 18 and Schedule 14, “the 1996 Regulations” means the Gas Safety (Management) Regulations 1996 , and “network”, “network emergency co-ordinator” and “safety case” have the same meanings as in the 1996 Regulations.
Provisions supplementary to regulations 15 to 17
18
1
The fees referred to in regulations 15 to 17 above shall —
a
not exceed the sum of the costs reasonably incurred by the Executive for the performance of the function referred to in the respective regulation; and
b
be payable within 30 days from the date of the invoice that the Executive has sent or given to the person who is required to pay the fees, and such invoices shall include a statement of the work done and the costs incurred including the period to which the statement relates.
2
Any fees payable under regulations 15 to 17 shall not include any costs connected with any —
a
in England and Wales, criminal investigation or prosecution incurred (in either case) from the date any summons is obtained from a Magistrates' Court;
b
in Scotland, criminal investigation or prosecution incurred (in either case) after such a time as —
i
the inspector undertaking the investigation submits a report to the Procurator Fiscal for his decision as to whether a prosecution should be brought; or
ii
the Procurator Fiscal intervenes in the investigation,
whichever is the sooner; or
c
appeal pursuant to section 24 of the 1974 Act (appeal against improvement or prohibition notice) and regulation 16(1) and (3)(b) of, and Schedules 1 and 4 to, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 .
3
For the purposes of regulation 15 and paragraph (2)(a) and (b), an installation shall be treated as being in England and Wales if it is in the English area within the meaning of article 1 of the Civil Jurisdiction (Offshore Activities) Order 1987 and in Scotland if it is in the Scottish area within the meaning of that article.
4
Any reference in regulation 15 to a person who has prepared a current safety case includes a reference to a person who is required to prepare a safety case, and in that connection as if any reference in that regulation to the installation to which the current safety case relates were a reference to the installation to which the safety case would have related if it had been prepared in accordance with such requirement.
5
Any reference in regulations 16 and 17 to a person who has prepared a safety case includes a reference to a person who is required to prepare a safety case, and in that connection as if —
a
any reference in those regulations to the railway infrastructure, station, train operation or network to which the safety case relates were a reference to the railway infrastructure, station, train operation or network to which the safety case would have related if it had been prepared in accordance with such requirement; and
b
the reference in regulation 16(2) to a safety case which has been accepted by the Executive were a reference to a safety case which is required to be accepted by the Executive.
6
Any reference in regulation 15 to a person who has prepared a current safety case includes a reference to a person who is treated as having prepared a current safety case by virtue of regulation 2(9) of the 2005 Regulations.
7
Any reference in regulation 16 to a person who has prepared a safety case includes a reference to a person who is treated as having prepared a safety case by virtue of regulation 2(7) of the 2000 Regulations.
8
Any reference in regulations 15 to 17 to work carried out by a contractor is a reference to work carried out by the contractor or his employees for the benefit of the person by whom the fees are payable under that regulation, whether pursuant to an agreement or an arrangement he has made with that person or with another person.
9
Any reference in regulations 15 to 17 to a function conferred on an inspector by the 1974 Act which relates to enforcement against a person of any of the relevant statutory provisions includes a reference to any function conferred on an inspector by that Act which is exercised for the purpose of carrying into effect those provisions in relation to that person.
Fees for applications for approvals under the Health and Safety (First-Aid) Regulations 1981
19
1
A fee shall be payable by the applicant to the Executive on each application for an original approval of training or a renewal of an approval of training under regulation 3(2)(a) of the Health and Safety (First-Aid) Regulations 1981 .
2
The fee payable under paragraph (1) shall be —
a
in respect of an application for an original approval, that specified in column 1 of Table 1 in Schedule 15; and
b
in respect of an application for a renewal of an approval, that specified in column 3 of that Table.
3
Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and an additional site-visit for the purpose of reassessment is required, the fee payable shall be that specified in column 2 of Table 1 in Schedule 15.
4
The fee referred to —
a
in paragraph (1) shall be payable on making the application for approval or renewal of an approval of training;
b
in paragraph (3) shall be payable prior to the notification of the result of the application for approval of training.
5
Where the Executive requires a site-visit, not including one for the purpose referred to in paragraph (7), to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee shall be payable to the Executive by the provider of the approved training, except that no such fee shall be payable in respect of the first such site-visit made after the original approval has been given.
6
The fee payable under paragraph (5) shall be that specified in column 1 of Table 2 in Schedule 15 except where the site-visit is required to be carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit, when the fee shall be that specified in column 2 of that Table.
7
Where the Executive requires a site-visit to be made for the purpose of investigating a complaint in relation to training provided pursuant to an approval mentioned in paragraph (1), a fee shall be payable to the Executive by the provider of the training where —
a
the result of the investigation is that the complaint is found to be justified, and
b
the complaint could not be fully investigated during a site-visit made for an additional purpose to that of investigating the complaint, requiring, as a result, a further site-visit.
8
The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 in Schedule 15.
9
Where the date for any site visit referred to in this regulation has been agreed between the training provider and the Executive and —
a
three working days or less before that date the training provider informs the Executive that he wishes to cancel the site-visit agreed for that date, and
b
there is as a result no site-visit on that date,
a fee shall be payable by the training provider to the Executive in respect of that cancelled site-visit.
10
The fee payable under paragraph (9) shall be that specified in column 4 of Table 2 in Schedule 15.
11
The fee referred to in paragraphs (6), (8) and (10) shall be payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.
Fees for applications for approvals under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989
20
1
A fee shall be payable by the applicant to the Executive on each application for an original approval or a renewal of an approval of training under regulation 5(2)(a) of the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 .
2
The fee payable under paragraph (1) shall be —
a
where the application for an original approval of training relates to, as the case may be —
i
rendering first-aid to persons who are injured or become ill while at work (referred to in this regulation as “first-aid training”), or
ii
rendering first-aid to, and treating in accordance with the directions of a registered medical practitioner (who may or may not be present) persons who are injured or become ill while at work, and giving simple advice in connection with the health of persons at work (together referred to in this regulation as “medical training”),
that specified in, respectively, columns 1 and 2 of Table 1 in Schedule 16;
b
in respect of an application for a renewal of approval of, as the case may be, first-aid training or medical training, that specified in, respectively, columns 3 and 4 of that Table.
3
Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and an additional site-visit for the purpose of reassessment is required, the fee payable shall —
a
where the application for approval relates to first-aid training, be that specified in column 1 of Table 2 in Schedule 16, or
b
where the application for approval relates to medical training, be that specified in column 2 of that Table.
4
The fee referred to —
a
in paragraph (1) shall be payable on making the application for approval or renewal of approval of training;
b
in paragraph (3) shall be payable prior to the notification of the result of the application for approval of training.
5
Where the Executive requires a site-visit, not including one for the purpose referred to in paragraph (8), to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee shall be payable to the Executive by the provider of the approved training, except that no such fee shall be payable in respect of the first such site-visit made after the original approval has been given.
6
Subject to paragraph (7), the fee payable under paragraph (5) shall —
a
where the site-visit is in connection with an approval relating to first-aid training, be that specified in column 1 of Table 3 in Schedule 16, or
b
where the site-visit is in connection with an approval relating to medical training, be that specified in column 2 of that Table,
provided that, where the site-visit is in respect of both kinds of approval of training as are referred to in sub-paragraphs (a) and (b) above and takes only one day to complete, the sum of the payable fees specified in columns 1 and 2 of that Table shall be reduced by an amount of £150.
7
The fee payable under paragraph (5) where the site-visit is required to be carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit, shall —
a
where the site-visit is in connection with an approval relating to first-aid training, be that specified in column 3 of Table 3 in Schedule 16, or
b
where the site-visit is in connection with an approval relating to medical training, be that specified in column 4 of that Table.
8
Where the Executive requires a site-visit to be made for the purpose of investigating a complaint in relation to training provided pursuant to an approval mentioned in paragraph (1), a fee shall be payable to the Executive by the provider of the training where —
a
the result of the investigation is that the complaint is found to be justified, and
b
the complaint could not be investigated during a site-visit made for an additional purpose to that of investigating the complaint, requiring, as a result, a further site-visit.
9
The fee payable under paragraph (8) for such a site-visit as is there referred to, whether in connection with first-aid training or medical training provided, shall be that specified in column 1 of Table 4 in Schedule 16.
10
Where the date for any site-visit referred to in this regulation has been agreed between the training provider and the Executive and —
a
three working days or less before that date the training provider informs the Executive that he wishes to cancel the site-visit agreed for that date, and
b
there is as a result no site-visit on that date,
a fee shall be payable by the training provider to the Executive in respect of that cancelled site-visit.
11
The fee payable under paragraph (10) shall —
a
where the site-visit was to have been in connection with an approval of first-aid training, be that specified in column 2 of Table 4 in Schedule 16, or
b
where the site-visit was to have been in connection with an approval of medical training, be that specified in column 3 of that Table, (that is to say the reasonable cost to the Executive due to the cancellation).
12
The fee referred to in paragraphs (6), (7), (9) and (11) shall be payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.
Provisions supplementary to regulations 19 and 20
21
1
Where an application for an original approval of either first-aid training or training for the purposes of regulation 3(2)(a) of the 1981 Regulations is made and the applicant thereafter applies for an original approval of the one of those two kinds of training not earlier applied for or the applications are made together, the Executive shall repay to the applicant the amount of £150 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of medical training, the Executive shall repay to the applicant a further amount of £50 in respect of the fees paid for the original approvals of training applied for.
2
Where an application for an original approval of either first-aid training or training for the purposes of regulation 3(2)(a) of the 1981 Regulations is made and the applicant thereafter or at the same time applies for an original approval of medical training, the Executive shall repay to the applicant the amount of £50 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of the one of the two kinds of training first referred to in this paragraph not earlier applied for, the Executive shall repay to the applicant a further amount of £150 in respect of the fees paid for the original approvals of training applied for.
3
Where an application for an original approval of medical training is made and the applicant thereafter or at the same time applies for an original approval of first-aid training, the Executive shall repay to the applicant the amount of £50 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of training for the purposes of regulation 3(2)(a) of the 1981 Regulations, the Executive shall repay to the applicant a further amount of £150 in respect of the fees paid for the original approvals of training applied for.
4
Where an applicant applies for original approvals of first-aid training, medical training and training for the purposes of regulation 3(2)(a) of the 1981 Regulations at the same time, the Executive shall repay to the applicant the amount of £200 in respect of the fees paid for those applications.
5
In this regulation —
“the 1981 Regulations” means the Health and Safety (First-Aid) Regulations 1981; and
“first-aid training” and “medical training” have the same meanings as in regulation 20.
Revocation
22
1
The Health and Safety (Fees) Regulations 2005 are revoked.
2
Regulation 3 of the Genetically Modified Organisms (Contained Use) (Amendment) Regulations 2005 and paragraph 7 of Schedule 9 to the Offshore Installations (Safety Case) Regulations 2005 are revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Philip Hunt
Parliamentary Under Secretary of State,
Department for Work and Pensions
13th February 2006


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments) Regulations 2006 and shall come into force on 6 th April 2006.
Amendment of the Tax Credits (Claims and Notifications) Regulations 2002
2
1
The Tax Credits (Claims and Notifications) Regulations 2002 are amended as follows.
2
In regulation 11(3)(a) for “30 th September” substitute “31 st August”.
3
In regulation 33(a) for “30 th September” substitute “31 st August”.
Amendment of the Child Tax Credit Regulations 2002
3
In regulation 5(2) of the Child Tax Credit Regulations 2002 for “date of leaving education” substitute “relevant leaving date”.
Amendment of the Tax Credits (Residence) Regulations 2003
4
1
The Tax Credits (Residence) Regulations 2003 are amended as follows.
2
In regulation 3(4) —
i
after “No 1612/68” insert “as amended by Council Directive No 2004/38/ EC ,”
ii
for “Council Directive No 68/360/ EEC ” onwards substitute “Council Directive No 2004/38/EC .”
Amendment of the Tax Credits (Residence)(Amendment) Regulations 2004
5
Regulation 1(2) of the Tax Credits (Residence)(Amendment) Regulations 2004 shall cease to have effect, and accordingly regulation 3(5) of the Tax Credits (Residence) Regulations 2003 shall not lapse on 1st May 2006.
Amendment of the Tax Credits (Definition and Calculation of Income) Regulations 2002
6
The Tax Credits (Definition and Calculation of Income) Regulations 2002 are amended as follows.
7
1
Regulation 2(2) (interpretation) is amended as follows.
a
for the definition of “the Board” substitute —
“the Board” means the Commissioners for Her Majesty’s Revenue and Customs;
;
b
for the definition of “employment zone” substitute —
“employment zone” means an area within Great Britain —
subject to a designation for the purposes of the Employment Zones Regulations 2003 by the Secretary of State, or
listed in the Schedule to the Employment Zones (Allocation to Contractors) Pilot Regulations 2005 ,
pursuant to section 60 of the Welfare Reform and Pensions Act 1999 ;;
;
c
after the definition of “ ITEPA ” insert —
“ ITTOIA ” means the Income Tax (Trading and Other Income) Act 2005 ;
; and
d
omit the definition of “Schedule D;”.
8
1
Regulation 3 (calculation of income of claimant) is amended as follows.
2
In paragraph 1, Step Four, after the third sentence insert —
A loss shall not be available for tax credits purposes, unless the trade was being carried on upon a commercial basis and with a view to the realisation of profits in the trade or, where the carrying on of the trade formed part of a larger undertaking, in the undertaking as a whole.
.
3
In paragraph (3)(b) for “section 584 of the Taxes Act,” substitute “Chapter 4 of Part 8 of ITTOIA,”.
4
In paragraph (8) —
a
in sub-paragraph (a) for “Schedule A business” substitute “ UK property business”; and
b
at the end, for —
In this paragraph “Schedule A business” and “overseas property business” have the same meanings as they have in the Taxes Act.
substitute —
In this paragraph “UK property business” and “overseas property business” have the same meanings as they have in Chapter 2 of Part 3 of ITTOIA.
.
9
1
Regulation 4 (employment income) is amended as follows.
2
Omit paragraphs (2A) and (2B) .
3
In Table 1, after item 16 insert —
16A
A payment made by the Department for Employment and Learning in Northern Ireland under section 1 of the Employment and Training Act (Northern Ireland) 1950 by way of Return to Work Credit.
.
10
1
Regulation 5(1) (pension income) is amended as follows.
2
At the end add —
n
any social security pension lump sum to which section 7 of the Finance ( No. 2) Act 2005 applies; and
o
any lump sum payment to which section 636B or 636C of ITEPA applies.
.
11
1
Regulation 6 (trading income) is amended as follows.
2
For the second sentence substitute —
Here “taxable profits” has the same meaning as it has in Part 2 of ITTOIA but disregarding Chapter 16 of that Part (averaging profits of farmers and creative artists).
.
12
1
Regulation 8 (student income) is amended as follows.
2
For paragraph (a) substitute —
a
in England, any adult dependants' grant payable —
i
under regulation 17 of the Education (Student Support) Regulations 2005 in relation to an academic year which begins on or after 1st September 2005 but before 1st September 2006; or
ii
under regulation 41 of the Education (Student Support) Regulations 2006 in relation to an academic year which begins on or after 1st September 2006;
.
3
In paragraph (b), at the end omit “and”.
4
In paragraph (c), at the end add “and”.
5
After paragraph (c) add —
d
in Wales, any adult dependants' grant payable —
i
under regulation 17 of the Education (Student Support) Regulations 2005 in relation to an academic year which begins on or after 1st September 2005 but before 1st September 2006; or
ii
under regulation 22 of the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006 in relation to an academic year which begins on or after 1st September 2006.
.
13
For regulation 9 (payments of income in connection with students to be disregarded for the purposes of regulation 3) substitute —
Payments of income in connection with students to be disregarded for the purposes of regulation 3
9
Income which is exempt from income tax by virtue of section 753 or 776 of ITTOIA (which deal respectively with interest on the repayment of student loans and scholarship income) is disregarded in calculating a claimant’s income under regulation 3.
.
14
1
Regulation 10 (investment income) is amended as follows.
2
In paragraph (1)(e) for “section 547(1)(a) of the Taxes Act.” substitute —
Chapter 9 of Part 4 of ITTOIA disregarding section 535 (top slicing relief).
.
3
In paragraph (2) —
a
in sub-paragraph (c) for “section 46 of the Taxes Acts” substitute “section 692, 693 or 750 of ITTOIA”;
b
in sub-paragraph (d) for —
section 325 of the Taxes Act (interest on deposits with National Savings and Investments).
substitute “section 691 of ITTOIA (National Savings Bank ordinary account interest).”; and
c
in sub-paragraph (e) for the words following “by virtue of” substitute —
section 727 of ITTOIA (certain annual payments by individuals).
.
4
In Table 4 —
a
in item 1, for “section 333 of the Taxes Act” substitute “Chapter 3 of Part 6 of ITTOIA”;
b
omit item 2;
c
for item 3 substitute —
3
Any interest payable under a certified SAYE savings arrangement for the purposes of Chapter 4 of Part 6 of ITTOIA.
;
d
in item 8 —
i
omit “in respect of interest”;
ii
for paragraph (a) substitute —
a
section 751 of ITTOIA (interest on damages for personal injury), or
and
iii
in paragraph (b) for “section 329AA of the Taxes Act” substitute “section 731 of ITTOIA (periodical payments of personal injury damages)”.
e
in item 9 —
i
for “section 329AB(2) of the Taxes Act” substitute “section 732(3) of ITTOIA”; and
ii
in the entry in column 2 for “section 329AA of the Taxes Act” substitute “section 731 of ITTOIA”;
f
in item 12 —
i
for “section 656 of the Taxes Act” substitute “Chapter 7 of Part 4 of ITTOIA”; and
ii
for the entry in column 2 substitute —
The amount exempted under section 717 of ITTOIA as calculated under section 719 of that Act.
; and
g
after item 12 add —
13
Any payments which are exempt from income tax by virtue of —
The whole amount.
a
section 725 of ITTOIA (annual payments under immediate needs annuities), or
b
section 735 of ITTOIA (health and employment insurance payments).
15
1
Regulation 11 (property income) is amended as follows.
2
In paragraph (1) —
a
for “section 15 of the Taxes Act” substitute “Part 3 of ITTOIA”; and
b
for “that section” wherever it occurs substitute “that Part”.
3
For paragraph (2) substitute —
2
In calculating property income there shall be disregarded any profits —
a
treated as nil by section 791 to 794 of ITTOIA (full rent-a-room relief); or
b
excluded from profits by section 795 to 798 of ITTOIA (alternative calculation of profits if amount exceeds limit).
.
4
In paragraph (3) for “Where a Schedule A business (as defined within Schedule A set out in section 15 of the Taxes Act)” substitute “Where a property business (as defined in Part 3 of ITTOIA)”.
16
1
Regulation 12 (foreign income) is amended as follows.
2
In paragraph (1) for “possessions or from securities out of the United Kingdom” substitute “a source outside the United Kingdom or from foreign holdings”.
3
For paragraph (2) substitute —
2
The reference in paragraph (1) to “foreign holdings” shall be construed in accordance with section 571 of ITTOIA.
.
4
In paragraph (3) —
a
for sub-paragraph (b) substitute —
b
the amount authorised to be deducted by the relevant provision if the claimant’s foreign income comprises or includes a pension to which the following provisions of ITEPA apply —
i
section 567(5) and 617 (deduction allowed from taxable pension income);
ii
section 575(2) (taxable pension income: foreign pensions);
iii
section 613(3) (taxable pension income: foreign annuities); and
iv
section 635(3) (taxable pension income: foreign voluntary annual payments); and
; and
b
in sub-paragraph (c) —
i
in paragraph (iii) for “Extra Statutory Concession A30” substitute “section 751(1)(c) of ITTOIA” and omit “or”; and
ii
at the end add —
or
v
section 730 of ITTOIA (foreign maintenance payments).
.
5
In paragraph (4) for “(within the meaning of the Taxes Act”) substitute “(within the meaning of Part 3 of ITTOIA)”.
17
1
Regulation 14 (claimants treated for any purpose as having income by virtue of the Income Tax Acts) is amended as follows.
2
In paragraph (2)(a) omit sub-paragraphs (i) to (viii).
3
For paragraph (b) substitute —
b
the following provisions of ITTOIA —
i
sections 277 to 283 (amounts treated as receipts: leases);
ii
Chapter 5 of Part 4 (stock dividends from UK resident companies);
iii
Chapter 6 of Part 4 (release of loan to participator in close company);
iv
section 427 (charge to tax on profits from deeply discounted securities);
v
Chapter 11 of Part 4 (transactions in deposits);
vi
sections 624 to 628 (income treated as income of settlor: retained interests);
vii
sections 629 to 632 (income treated as income of settlor: unmarried children);
viii
section 633 (capital sums paid to settlor by trustees of settlement);
ix
section 641 (capital sums paid to settlor by body connected with settlement);
x
section 652 (estate income: absolute interests in residue); and
xi
sections 654 to 655 (estate income: interests in residue); and
c
section 84 and Schedule 15 to the Finance Act 2004 (charge to income tax by reference to enjoyment of property previously owned).
.
18
In regulation 18 (miscellaneous income) for “Case VI of Schedule D.” substitute “Part 5 of ITTOIA.”.
19
1
Regulation 19 (general disregards in the calculation of income) is amended as follows.
2
In Table 6 —
a
in item 9 for “Schedule 36 to the Finance Act 2003.” Substitute “Chapter 2 of Part 7 of ITTOIA.”; and
b
in item 11(a) for “section 327A of the Taxes Act;” substitute “sections 744 to 746 of ITTOIA;”.
3
In Table 8, in items 3 and 4, in the entries in column 2 —
a
in paragraph (a) —
i
omit “or gains”; and
ii
for “paragraph 9 of Schedule 10 to the Finance (No. 2) Act 1992” substitute “section 791 to 794 of ITTOIA (full rent-a-room relief)”; and
b
in paragraph (b) for “or gains by paragraph 11 of that Schedule” substitute “by section 795 to 798 of ITTOIA (alternative calculation of profits if amount exceeds limit)”.
Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
20
1
The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 are amended as follows.
2
In regulation 2(1) (interpretation) for the definition of “employment zone” substitute —
“employment zone” means an area within Great Britain —
subject to a designation for the purposes of the Employment Zones Regulations 2003 by the Secretary of State, or
listed in the Schedule to the Employment Zones (Allocation to Contractors) Pilot Regulations 2005 ,
pursuant to section 60 of the Welfare Reform and Pensions Act 1999 ;
.
3
In regulation 4(2)(f) for “the Employment Zones Regulations 2000” substitute “the Employment Zones Regulations 2003 and the Employment Zones (Allocation to Contractors) Pilot Regulations 2005”.
4
In regulation 14(1A) (charges not included in the definition of child care charges) after (b) add —
c
a provider mentioned in regulation 14(2)(c)(v), in circumstances where the care is excluded from being qualifying child care by Article 4(2)(c) of the Tax Credits (Approval of Home Child Care Providers) Scheme (Northern Ireland) 2006 .
.
5
In regulation 14(2)(b) (definition of child care in Scotland) after (i) add —
ia
by a child care agency where the service consists of or includes supplying, or introducing to persons who use the service, child carers within the meaning of sections 2(7) and (8) of the Regulation of Care (Scotland) Act 2001 ; or
.
6
In regulation 14(2)(c) (definition of child care in Northern Ireland) after (iv) add —
v
by a child care provider approved in accordance with the Tax Credits (Approval of Home Child Care Providers) Scheme (Northern Ireland) 2006.
.
Gillian Merron
Dave Watts
Two of the Lords Commissioners for Her Majesty’s Treasury
14th March 2006
David Varney
Mike Hanson
Two of the Commissioners for Her Majesty’s Revenue and Customs
13th March 2006


text:
Title, application and commencement
1
These Regulations may be cited as the Rice Products (Restriction on First Placing on the Market) (England) Regulations 2006, apply in relation to England only and come into force on 9 th November 2006.
Interpretation
2
1
In these Regulations —
“authorised officer”, in relation to a feed authority or a food authority, means any person (whether or not an officer of the authority) who is authorised by it in writing, either generally or specially, to act in matters arising under these Regulations;
“the Commission Decision” means Commission Decision 2006/601/ EC on emergency measures regarding the non-authorised genetically modified organism “LL RICE 601” in rice products as amended by Commission Decision 2006/754/EC amending Decision 2006/601/EC on emergency measures regarding the non-authorised genetically modified organism “LL RICE 601” in rice products ;
“feed” has the meaning given to it in Article 3.4 of Regulation 178/2002;
“feed authority” means the authority required by section 67(1) of the Agriculture Act 1970 to enforce that Act within its area or as the case may be district;
“food” has the meaning given to it in Article 2 of Regulation 178/2002;
“first placing on the market” has the meaning that it bears in the Commission Decision;
“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 the Act (which deals with the Inner and Middle Temple);
“rice product” means any rice product referred to in the table in Article 1 of the Commission Decision that originates from the United States of America; and
“Regulation 178/2002” means Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety as last amended by Commission Regulation (EC) No. 575/2006 amending Regulation (EC) No. 178/2002 of the European Parliament and of the Council as regards the number and names of the Permanent Scientific Panels of the European Food Safety Authority .
2
Where any functions under the Food Safety Act 1990 are assigned —
a
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 , to a port health authority;
b
by an order under section 6 of the Public Health Act 1936 , to a joint board for a united district; or
c
by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985 , to a single authority for a metropolitan county,
any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.
Restriction on first placing on the market of rice products
3
1
The first placing on the market of any rice product is prohibited unless —
a
the conditions specified in Article 2(1) of the Commission Decision are complied with in relation to that product;
b
official sampling and analysis carried out in accordance with Article 2(2) of that Decision demonstrates that that product does not contain genetically modified rice “LL RICE 601”; and
c
arrangements have been made to ensure compliance with the conditions specified in Article 2(4) of that Decision in relation to that product.
2
Any person who knowingly contravenes the prohibition in paragraph (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding three months or to both.
Enforcement
4
1
It shall be the duty of each feed authority to execute and enforce these Regulations within its area or as the case may be district in relation to feed.
2
It shall be the duty of each food authority to execute and enforce these Regulations within its area in relation to food.
3
For the purposes of enabling the feed authority to exercise its duty under paragraph (1) and the food authority to exercise its duty under paragraph (2), an authorised officer of the authority concerned shall ensure that the requirements referred to in paragraph (4) are adhered to.
4
The requirements are those specified in —
a
Article 2 of the Commission Decision (which is concerned with the conditions under which consignments of rice products may first be placed on the market);
b
the first sentence of Article 3 of that Decision (which is concerned with control measures relating to rice products already on the market); and
c
Article 4 of that Decision (which is concerned with contaminated consignments).
5
Each feed authority and each food authority shall give such assistance and information to the Secretary of State and the Food Standards Agency as they may reasonably request in connection with the execution and enforcement of these Regulations.
Application of various provisions of the Food Safety Act 1990
5
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 modification that subsections (2) to (4) shall apply in relation to an offence under regulation 3(2) as they apply in relation to an offence under section 14 or 15, that in subsections (2)(a) and (3)(b) the references to “food” shall be deemed to be references to feed or food and that in subsection (4)(b) the references to “sale or intended sale” shall deemed to be references to “first placing on the market”;
c
section 32 (powers of entry), with the modification that in subsection (1) the reference to “an enforcement authority” shall be deemed to be a reference to a feed authority or a food authority, the references to “the authority’s area” shall be deemed to be references to the authority’s area or as the case may be district and the reference to “a food authority” shall be deemed to be a reference to a feed authority or a food authority;
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 feed authority or food authority.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State,
Department of Health
7th November 2006


text:
Citation and commencement
1
This Order may be cited as the Transport for London (Sloane Square House) Order 2006 and shall come into force on 6th September 2006.
Consent
2
The Secretary of State gives consent to Transport for London for the grant of a leasehold interest for a term of more than fifty years in the land described in the Schedule.
Signed by authority of the Secretary of State for Transport
S. J. Ladyman
Minister of State
Department for Transport
8th August 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Isle of Wight National Health Service Primary Care Trust (Establishment) and Isle of Wight Healthcare National Health Service Trust and Isle of Wight Primary Care Trust (Dissolution) Order 2006 and shall come into force on 1st October 2006.
2
In this Order —
“new PCT ” means the Isle of Wight National Health Service Primary Care Trust established by article 2;
“old PCT” means the Isle of Wight Primary Care Trust established by the Isle of Wight Primary Care Trust (Establishment) Order 2002 ; and
“old trust” means the Isle of Wight Healthcare National Health Service Trust established by the Isle of Wight Healthcare National Health Service Trust (Establishment) Order 1996 .
Establishment and operational date
2
1
There is established a Primary Care Trust called the Isle of Wight National Health Service Primary Care Trust.
2
The operational date of the trust is 1st October 2006.
Area of new PCT
3
The new PCT is established for the area specified in the Schedule.
Dissolution
4
The old trust and the old PCT are dissolved.
Accounts
5
Any duty imposed on the old trust or the old PCT by or under section 98 of the National Health Service Act 1977 , but not performed by 1st October 2006, shall be performed by the new PCT.
Winding up of affairs
6
The new PCT shall take such action as may be necessary for the winding up of the affairs of the old trust and the old PCT.
Provision for continuity in the exercise of functions
7
1
Anything done before 1st October 2006 by or in relation to the old trust or the old PCT shall be treated on and after that date as if done by or in relation to the new PCT.
2
The reference in paragraph (1) to anything done by or in relation to the old trust or the old PCT includes without limitation any applications made, any authorisations, directions or notices given, and any complaints made, to, by or in relation to the old trust or the old PCT.
3
Any instrument made by the old trust or the old PCT continues in force in relation to the new PCT in accordance with its terms until it is varied or revoked by the new PCT.
4
Any form supplied by the old trust or the old PCT, or any form supplied by the Secretary of State in relation to the old trust or the old PCT, continues to be a valid form in relation to the new PCT until it is cancelled or withdrawn by the Secretary of State or the new PCT, as if any reference contained in that form to the old trust or the old PCT were a reference to the new PCT.
5
So far as is necessary or appropriate, a reference in an agreement or other instrument to the old trust or the old PCT shall be treated on and after 1st October 2006 as a reference to the new PCT.
Revocations
8
The Isle of Wight Healthcare National Health Service Trust (Establishment) Order 1996 and the Isle of Wight Primary Care Trust (Establishment) Order 2002 are revoked.
Signed by authority of the Secretary of State for Health
Norman Warner
Minister of State
Department of Health
20th September 2005


text:
PART 1
PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Dover Harbour Revision Order 2006 and shall come into force on 16th August 2006.
2
The Dover Harbour Acts and Orders 1954 to 1978, the Dover (Pilotage) Harbour Revision Order 1988 and this Order may be cited together as the Dover Harbour Acts and Orders 1954 to 2006.
Interpretation
2
In this Order —
“the 1847 Act ” means the Harbours Docks and Piers Clauses Act 1847 ;
“the 1954 Act ” means the Dover Harbour Consolidation Act 1954 ;
“the 1963 Act ” means the Dover Harbour Act 1963 ;
“the 1964 Act ” means the Harbours Act 1964;
“the 1969 Order ” means the Dover Harbour Revision Order 1969 ;
“ the Acts ” means the 1954 Act, the 1963 Act, the Defence (Transfer of Functions) (Dover Harbour) Order 1964 , the 1969 Order, the Dover Harbour Revision Order 1975 , the Dover Harbour Revision Order 1977 , the Dover Harbour Revision Order 1978 , the Dover (Pilotage) Harbour Revision Order 1988 ;
“ the Board ” means the Dover Harbour Board;
“Board operational premises” means all land outside the harbour within ten kilometres (drawn in a straight line) of the entrance to the Eastern Docks, Dover, and being operational land of the Board (as a statutory undertaker) as defined in section 263(1)(a) of the Town and Country Planning Act 1990 but does not include land which is not in use for the Board’s undertaking;
“charges” includes charges, rents, poll-tax, dues, rates, fees and commissions of all kinds;
“constable” means a constable appointed under section 79 of the 1847 Act as incorporated in the Acts and modified by article 14(1);
“dangerous goods” means any substance or article or any goods which the Board considers to be potentially hazardous and which are for the time being specified in the table compiled and published in accordance with article 18(10);
“enactment” means any Act whether public general or local and orders, regulations, schemes or byelaws made thereunder and any provisions in any Act or in any such orders, regulations, schemes or byelaws;
“goods” includes articles and property of every description and without prejudice to the foregoing includes fish, livestock and animals of all descriptions;
“the harbour” means Dover Harbour and has the meaning assigned to it by section 4 of the 1954 Act;
“the List” means the list set out in Part 2 of the Recommendations prepared by the Committee of Experts of the United Nations on the Transport of Dangerous Goods published by the United Nations in 1989 and endorsed by the Economic and Social Council by Resolution 1989/104 under reference number ST/SG/AC.10/1/Rev.9 or such later edition of the List as is specified for the purposes of article 18;
“the port police area” means the area referred to in section 79 of the 1847 Act.
PART 2
CONSTITUTION AND GENERAL POWERS
Powers and jurisdiction of the Board
3
The jurisdiction of the Board shall extend to the following areas for the following purposes —
a
for the enforcement of compliance with directions of the harbour master, to the limits of his jurisdiction for the purposes of the Acts;
b
for the enforcement of compliance with the Pilotage Act 1987 and the directions made thereunder, to the limits of the area specified in article 3 of the Dover (Pilotage) Harbour Revision Order 1988 ;
c
for the enforcement of the Board’s byelaws and any offences under the Acts, to the harbour and to all areas to which such provisions apply;
d
for the enforcement of the powers of constables of the Board and for their protection, to the port police area.
Power to establish committees
4
1
The Board may, consistent with its duties and subject to such conditions as they think fit, delegate any of their functions (other than the functions set out in sub-paragraphs (a) to (f) of paragraph 9B of Schedule 2 to the 1964 Act) to a committee of the Board.
2
The Board may —
a
appoint to serve on any committee established by the Board persons who are not members of the Board;
b
make the exercise of the Board’s functions by such a committee subject to such conditions as the Board think fit, including the length of the period during which those functions may be exercised;
c
determine the procedure and terms of reference of any such committee.
3
Any such committee shall include among its members at least three Board members.
4
The quorum for any meeting of any such committee shall include at least two Board members present and able to vote at such a meeting.
5
All decisions of such committee which involve performance of functions which are the responsibility of the Board shall be reported in writing as soon as practicable to the Board.
6
The provisions of section 10 of the 1954 Act relating to pecuniary interests of members of the Board shall apply to members of any such committee as they apply to members of the Board.
Power to form subsidiaries
5
1
The Board may form and promote one or more wholly-owned subsidiaries for carrying on any activities which the Board have power to carry on under or by virtue of the Acts or this Order.
2
The Board shall secure that any company formed in exercise of the powers conferred by paragraph (1) of this article remains such a wholly-owned subsidiary.
3
The Board may enter into arrangements with a company formed in exercise of the powers conferred by paragraph (1) of this article for the transfer to that company from the Board or from any other company so formed, in such manner and on such terms (including payments by any of the parties to the arrangements to any of them) as may be provided for by the arrangements of any property, rights, liabilities or obligations of the company or of that other company which are relevant to the carrying on of the activities to be carried on by the first mentioned company.
4
In this article, “wholly-owned subsidiary” has the meaning given by section 736(2) of the Companies Act 1985 .
Contracts
6
The Board shall have power for the purpose of carrying out their functions (including functions which are incidental to those functions) to enter into such contracts and agreements for such consideration (or otherwise) and upon such terms and conditions as they think fit.
Deposits and investments
7
In addition to the power conferred on the Board by section 22(1)(c) of the 1963 Act the Board may place surplus resources consisting of cash or other assets with any bank or on deposit or invest the same in any investments (including land, chattels and assets bearing no income) which they think fit with all the powers of an absolute owner.
Constitutional documents and notices
8
1
The Board shall keep available at their principal office a copy of the Acts and this Order and of all byelaws made thereunder and of all appropriations made under article 3 of the 1969 Order.
2
Any person may inspect any document mentioned in paragraph (1) of this article and of all general directions of the harbour master under article 26(2) and of the table published in accordance with article 18(10) and the List and the Board shall on demand supply to that person a copy of the same upon payment to the Board of a reasonable fee.
3
Any notice or proceeding required to be served on the Board shall be sufficiently served if put in writing, addressed to the Managing Director and Register of the Dover Harbour Board and left at or sent by registered or recorded delivery post to the principal office of the Board.
Protection of members of Board
9
1
No member of the Board or of any committee established under article 4 shall be liable nor shall his estate or effects be liable to execution or legal process by reason of any act or omission of such member done or made in good faith in the purported execution of the powers conferred on the Board and its members by the Acts and this Order.
2
Every member of the Board and every member of such a committee and his estate and effects shall be indemnified out of the assets and revenues of the Board for all payments made by him and liability incurred in any act done or omission made by him in the purported execution of such powers and against all actions, claims, losses, damages, costs and demands in respect thereof.
3
The Board may enter into, and pay premiums for, a contract of insurance to indemnify the members of the Board jointly or severally against personal liability arising from any act or omission by the Board or any member of the Board; not being an act or omission which the Board member or members in question knew to be a breach of his or their duty or, concerning which, he or they were reckless as to whether it was such a breach.
Validity of proceedings
10
1
The validity of proceedings of the Board or of any committee established under article 4 is not affected by any vacancy among the members of the Board.
2
Acts done by the members of the Board, by a committee established under article 4 or any person acting as a member are valid notwithstanding that it is afterwards discovered —
a
that there was some defect in the appointment of any such member or person acting as member of such committee; or
b
that any such member, person acting as a member or committee member was disqualified from acting on grounds of interest or had ceased to hold office.
PART 3
BYELAWS
Procedure for making byelaws
11
1
Byelaws made by the Board under the Acts and the 1847 Act and any other power enabling the Board to make byelaws shall be made under the seal of the Board and shall not come into force until they have been confirmed by the Secretary of State.
2
At least one month before an application for confirmation of byelaws is made by the Board to the Secretary of State, notice of the intention to apply for confirmation and of the place at which and the times during which a copy of the byelaws shall be open to inspection shall be published as follows —
a
once in the London Gazette;
b
once in each of two successive weeks in some one and the same weekly newspaper circulated in the area of East Kent.
3
Not later than the first date on which the notice under paragraph (2) of this article is published, the Board shall send a copy of the notice to the Kent County Council, the Dover District Council and the Dover Town Council.
4
During a period of at least one month before application is made for confirmation of the byelaws a copy of the byelaws shall be kept at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment.
5
The Board shall supply a copy of the byelaws or of part of the byelaws to a person who shall apply for it on payment of a reasonable charge.
6
During the period of one month after completion of the publication of any notice required by paragraph (2) of this article any person may make in writing to the Secretary of State any objection to or representation respecting the byelaws to which the notice relates.
7
The Secretary of State may confirm the byelaws in the form submitted to him or may subject to paragraph (8) of this article make such modifications as he thinks fit.
8
Where the Secretary of State proposes to make a modification which appears to him to be substantial, he shall inform the Board and require them to take any steps he thinks necessary for informing persons likely to be concerned with that modification and shall not confirm the byelaws until there has elapsed such period as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Board and by other persons who have been informed of it.
9
When confirmed the byelaws shall be published by the Board.
Proof of byelaws
12
A copy of a byelaw of the Board duly confirmed purporting to be printed by direction of the Board and being authenticated by their seal and the signature of their Register shall for all purposes be prima facie evidence of such byelaw and of the due making and confirmation thereof without proof of such seal or signature.
Additional power to make byelaws
13
In addition to the powers to make byelaws conferred on the Board by section 83 of the 1847 Act, by section 43 of the 1954 Act and by section 26 of the 1963 Act the Board shall have power to make such byelaws as they think fit for regulating the admission of persons, animals and vehicles on and into the harbour and Board operational premises and for their removal out of and from the same and for the good order and conduct of such persons, animals and vehicles whilst in the harbour and Board operational premises and for the detention, storage, removal and disposal of lost property found in the harbour or on Board operational premises.
PART 4
POLICE
Appointment, dismissal and suspension of constables
14
Section 79 of the 1847 Act shall, so far as the same is applied by and incorporated in the Acts, be modified by the addition of the following subsections —
2
A justice of the peace may on application by the Board dismiss from the office of constable a person appointed under this section.
3
If a person appointed under this section is dismissed, that person shall thereupon cease to be a constable, but any such dismissal shall be without prejudice to any claim he may have as an employee or ex-employee of the Board under the Employment Rights Act 1996 .
4
The Board may suspend any constable appointed under this section for any reason appearing to the Board to be a good reason and thereupon he shall cease for the duration of his suspension to have the powers, duties and privileges of a constable.
.
Powers of the Board in relation to constables
15
The Board may on such terms and conditions as they think fit agree with any person or body who owns or has an interest in any premises within the port police area to make available the services of the board’s police force and any constables for the time being serving with that force within those premises to that person or body.
Impersonating a constable
16
A person who, with intent to deceive, impersonates a constable or makes any statement or does any act calculated falsely to suggest that he is a constable shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Liability
17
The Board shall be liable in respect of torts committed by members of their police force (appointed pursuant to section 79 of the 1847 Act) in the performance or purported performance of the functions of those members in like manner as an employer is liable in respect of torts committed by his employees in the course of their employment and accordingly shall in respect of any such tort be treated for all purposes as a joint tortfeasor.
PART 5
DANGEROUS GOODS
Dangerous goods
18
1
No person may without the prior consent in writing of the Board bring into the harbour or on to Board operational premises any dangerous goods.
2
Any such consent as is mentioned in paragraph (1) of this article may be granted subject to such terms and conditions as the Board think fit and may extend to more than one consignment.
3
The Board may refuse entry into the harbour or on to Board operational premises of any other goods which in their opinion would or might endanger the safety of the harbour or of Board operational premises or of any person, property, vessel or goods, or which would be unsuitable to be received within the harbour or on Board operational premises, or may permit the entry of any such goods subject to such terms and conditions as the Board think fit.
4
Any person who —
a
brings or causes or permits to be brought into the harbour or Board operational premises any dangerous goods in contravention of paragraph (1) of this article or any other goods in respect of which entry has been refused under paragraph (3) of this article; or
b
commits or causes or permits a breach of any of the terms and conditions mentioned in paragraph (2) of this article or in paragraph (3) of this article, as the case may be,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale; and the Board may remove the goods in question and may recover from the owner or offender the costs of such removal and of placing or storing the goods elsewhere.
5
The Board shall have power to remove from the harbour and from Board operational premises and place or store elsewhere any dangerous goods —
a
which have been brought into the harbour or Board operational premises in contravention of paragraph (1) or (3) of this article or in breach of any of the terms and conditions mentioned in paragraph (2) or (3) of this article;
b
which, in the opinion of the harbour master, are abandoned; or
c
which have been within the harbour or on Board operational premises for any period longer than 24 hours without the consent of the harbour master;
and the Board may recover from the owner the cost of such removal and of placing or storage elsewhere.
6
The Board shall make reasonable efforts to trace the owner of dangerous goods which have been removed and placed or stored elsewhere under paragraph (5) of this article and notify him of the fact of removal and the place or placing or storage and its location.
7
If after one month the owner of any dangerous goods removed under paragraph (5) of this article cannot be traced or is abroad or fails to remove them from their location and pay to the Board all costs relating thereto, the Board may sell or destroy or otherwise dispose of the goods and retain the proceeds as their own property.
8
The Board may recover the costs of sale under paragraph (7) of this article from the proceeds of sale if sold or from the owner if the proceeds shall be insufficient to reimburse the Board for those costs or if the goods shall be destroyed or disposed of otherwise than by sale the Board may likewise recover the costs of destruction or disposal from the owner.
9
If any such goods as are mentioned in this article shall be brought into the harbour by sea in contravention of paragraph (1) or (3) of this article or in breach of any of the terms and conditions mentioned in paragraph (2) or (3) of this article, then both the master and the owner of the vessel upon which such goods are conveyed into the harbour shall be guilty of an offence under this article.
10
The Board may from time to time compile and publish a table of goods, including substances or articles, which the Board consider to be dangerous or unsuitable to be received within the harbour; and shall keep the table at their principal office; and such table shall be published by the Board by advertisement in Lloyds List and in one newspaper circulating locally in the Dover district; and upon the expiration of one calendar month after the publication of both such advertisements (or the later if publication is not simultaneous) the goods specified in such table shall be deemed to be dangerous goods as defined in article 2.
11
The Board may in compiling the table referred to in paragraph (10) of this article describe the goods, articles and substances in question directly and may also incorporate by reference substances and articles specified in the List as being within Packing Group I or Class 2 of the List.
12
In making any reference to the List for the purposes of this article the Board shall specify the edition of the List to which it is intended to refer and its date of publication by the United Nations; and the Board shall keep the table and such edition of the List as may be so referred to at its principal office.
13
Nothing in this article is to prejudice the powers of the Board under the provisions of the Dangerous Substances in Harbour Areas Regulations 1987 , nor byelaws thereunder, nor the duties imposed on operators and others under those regulations and byelaws.
PART 6
FINANCIAL
Borrowing and guarantees
19
1
The Board may borrow money for any of the purposes of their undertaking or those of their subsidiaries and in connection with activities relating to the harbour or harbour land whether the purposes concerned are of a capital or revenue nature and may do so in such a manner and on such terms as they consider expedient.
2
Without prejudice to the generality of paragraph (1) of this article the power to borrow conferred by that sub-paragraph may be exercised —
a
by the issue of debentures on such terms as the Board think fit;
b
by borrowing from a government source or bank or other provider on overdraft or loan;
c
by opening an acceptance credit with a bank or accepting house;
d
by accepting money on deposit.
3
The Board may by way of security for any borrowing authorised or any guarantee given by them under this paragraph grant any mortgage or charge which they think fit over all or any part of their revenues (present or future) and by way of security for any overdraft or temporary loan under sub-paragraph (b) of paragraph (2) of this article charge all or any part of the Board’s assets.
4
The Board may for the purposes of their undertaking or those of their subsidiaries give guarantees to any person for the benefit of any undertaking carried on by him or if that person shall be a company of any subsidiary of that person.
Charges
20
In addition to their power to demand, take and recover ship, passenger and goods dues under section 26 of the 1964 Act and combined charges under section 27A of the 1964 Act, the Board may demand, take and recover in respect of any floating manufactured article (not being a ship within the meaning of the 1964 Act) entering, using or leaving the harbour such charges as they think fit; and the provisions of sections 30 and 31 of the 1964 Act (which require lists of charges to be available for inspection and sale and give a right of objection to ship, passenger and goods dues) shall apply to the charges authorised by this article as they apply to ship, passenger and goods dues.
Charges for services
21
The Board may demand, take and recover such reasonable charges for services and facilities provided by them as they may from time to time determine and may compound for and make such special arrangements in relation to such charges as they think fit.
Conditions
22
Charges shall be payable subject to such conditions as the Board may from time to time specify in their published list of charges.
Payment of charges
23
1
The charges which the Board are authorised to demand, take and recover in respect of vessels and goods under any enactment shall be payable before the removal from the harbour of any vessel or goods in respect of which they are payable and may be demanded, taken and recovered by such persons, at such places, at such times and under such regulations as the Board may from time to time appoint.
2
An officer as defined in the Customs and Excise Management Act 1979 may refuse clearance of any vessel if he is satisfied that payment of any charges payable to the Board in respect of that vessel or any goods therein has not been made or satisfactorily secured.
3
Charges payable to the Board shall be payable by the owner of any vessel or goods in relation to which the charges are payable.
4
Where charges payable to the Board may be recovered by them from more than one person, such persons shall be jointly and severally liable.
Non payment
24
If the owner of any vessel or goods or any other person at any time eludes or attempts to elude or evade payment of, or refuses or neglects to pay, any charges payable by such owner or person to the Board at the time when they become due and payable, he shall be liable to pay to the Board a sum equal to three times the amount of such charges, which sum shall be a debt due to the Board and shall be recoverable by the Board in any court of competent jurisdiction.
Charges recoverable as a debt
25
In addition to any remedy given by this Order and by the 1847 Act, as incorporated with the Acts, and whether the demand required by section 44 of that Act has been made or not, the Board may recover any charges payable to them as a debt in any court of competent jurisdiction.
PART 7
MISCELLANEOUS AND GENERAL
Powers of Harbour Master
26
1
The harbour master may, in cases of emergency, give general directions for regulating all vessels or any particular class or classes of vessels.
2
The harbour master may give general directions regulating the moving and mooring of vessels and the places where they may or may not be moored, and as to the use of traffic signals and may vary or revoke such general directions.
3
The harbour master may give special directions, which may be given for a particular occasion or in respect of a particular vessel, as to the use of traffic signals and as to the regulation of the moving, mooring and berthing of vessels.
4
Directions given by the harbour master under paragraphs (1) and (3) of this article may be given orally or by any other convenient means of communication.
5
Notice of the giving of a general direction made by the harbour master under paragraph (2) of this article and any amendment or revocation of a general direction shall be published once in Lloyds List or in any newspaper circulating in Dover.
Traffic on dock roads
27
1
In this article “dock road” means any road, pier, jetty, wharf, quay, bridge, or other work which, or any land which lies within the harbour or elsewhere on Board operational premises and is accessible to mechanically propelled vehicles.
2
Subject to the following provisions of this article, the following statutory provisions shall have effect as if references to a “road” or “highway” in those statutory provisions included a reference to a dock road —
a
section 137 of the Highways Act 1980 ;
b
parts VI and X of the Transport Act 1968 ;
c
the Public Passenger Vehicles Act 1981 ;
d
the Road Traffic Regulation Act 1984 ;
e
sections 87, 88, 94, 94A, 96, 103, 105, 108 and 137 to 139 and Parts I, II , VI and VII of the Road Traffic Act 1988 ; and
f
the Road Traffic Offenders Act 1988 .
3
The functions exercisable by a highway authority or a local authority or a local highway authority under the enactments specified in paragraph (2) of this article and under any subordinate legislation made thereunder shall be conferred upon the Board in relation to any dock road.
4
The term “Chief Officer of Police” used in those enactments, shall mean the Chief Officer of Police of the Board’s police force.
5
In its application to dock roads references in the Road Traffic Regulation Act 1984 to “the police fund” and “the general fund” shall be construed as references to “the Board’s general revenue account” and the Board shall be deemed to be the local authority of a district outside Greater London.
6
Any person who commits an offence under any provision of an enactment having effect by or in pursuance of this article shall be liable to be dealt with in all respects as if the offence had been committed under such provision on or in relation to a road or highway to which such provision would apply in the absence of this article; and all the provisions of the Road Traffic Offenders Act 1988 shall apply thereto accordingly.
Disposal of goods
28
1
This article shall have effect in relation to any goods which are found in the harbour or on Board operational premises or which are apparently abandoned or which, having been deposited there with the Board’s agreement, are not removed at the agreed time.
2
Subject to paragraph (3) of this article, where the name and address of a person who may be the owner of any goods are readily ascertainable, the Board shall forthwith notify him that the goods are in the possession of the Board and may be claimed in accordance with this article.
3
When the Board give the notice referred to in paragraph (2) of this article, they may include in the notice a requirement that the owner shall collect the goods by a date specified in the notice (being not less than one month from the date of the notice) and that if he does not do so the title to the goods shall vest in the Board on that date.
4
If, following the giving of the notice referred to in paragraphs (2) and (3) of this article, the owner fails to comply with the notice, the title to the goods shall vest in the Board on the specified date.
5
Where any goods falling within this article are not sold or disposed of under paragraph (6) of this article and the Board are satisfied after reasonable enquiry that it is impossible to serve a notice under paragraph (2) of this article, the title to the goods shall vest in the Board six months after the date upon which the goods are found or the expiry of the time agreed for their removal as appropriate.
6
Where any goods are of a perishable nature or to look after them adequately would involve the Board in unreasonable expense or inconvenience, the Board may sell or otherwise dispose of the goods at such time and in such manner as they think fit.
7
If the Board shall sell or otherwise dispose of goods under paragraph (6) of this article, any person to whom the goods are transferred shall have a good title to them and ownership of the proceeds of sale shall vest in the Board six months after the date upon which the goods were found or not removed as mentioned in paragraph (1).
8
Where goods are claimed by their owner or other person having title to collect them before the title to them vests in the Board under paragraph (4) of this article, they may be collected on payment to the Board of any sums due to the Board in respect of those goods and of all expense incurred by the Board in making enquiries, in serving notice under this article and in looking after them adequately, including removal and storage costs.
9
Nothing in this article shall prejudice the Board’s powers in relation to dangerous goods, houseboats and sunk, stranded or abandoned vessels, or parked vehicles, or in relation to the recovery of rates, rents and charges in relation to goods warehoused, stored or yarded within the harbour or to goods remaining upon the piers and quays of the harbour.
Repeals and minor amendments
29
1
The enactments mentioned in Parts I and II of Schedule 1 are repealed or revoked to the extent specified in the third column of that Schedule.
2
The enactments mentioned in Schedule 2 are amended in accordance with that Schedule.
3
In section 43(1) of the 1954 Act (definition of “the controlled land”) for the words “means” (where it first occurs) to the end of the sentence there shall be substituted the following —
“means the land within the ownership of the Board comprising the areas of seashore and promenade and the works connected therewith which are shown coloured green on the plan contained in Schedule 3 to the Dover Harbour Revision Order 2006”.
4
In section 43(6) of the 1954 Act for the words “penalty not exceeding five pounds” there shall be substituted the words “fine not exceeding level 4 on the standard scale”.
5
In section 27(2) of the 1963 Act for the words “twenty pounds” there shall be substituted the words “level 4 on the standard scale”.
Signed by authority of the Secretary of State for Transport
Phil Carey
Head of Ports Division
Department for Transport
2nd August 2006