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PART 1 PRELIMINARY
Citation and Commencement
1
These Regulations may be cited as the Control of Asbestos Regulations 2006 and shall come into force on 13th November 2006, except regulation 20(4) which shall come into force on 6th April 2007.
Interpretation
2
1
In these Regulations —
“adequate” means adequate having regard only to the nature and degree of exposure to asbestos, and “adequately” shall be construed accordingly;
“appointed doctor” means a registered medical practitioner appointed for the time being in writing by the Executive for the purpose of these Regulations;
“approved” means approved for the time being in writing by the Health and Safety Commission or the Executive as the case may be;
“asbestos” means the following fibrous silicates —
asbestos actinolite, CAS No 77536-66-4(*);
asbestos grunerite (amosite), CAS No 12172-73-5(*);
asbestos anthophyllite, CAS No 77536-67-5(*);
chrysotile, CAS No 12001-29-5;
crocidolite, CAS NO 12001-28-4(*); and
asbestos tremolite, CAS No 77536-68-6(*),
and references to “CAS” followed by a numerical sequence are references to CAS Registry Numbers assigned to chemicals by the Chemical Abstracts Service, a division of the American Chemical Society;
“the control limit” means a concentration of asbestos in the atmosphere when measured in accordance with the 1997 WHO recommended method , or by a method giving equivalent results to that method approved by the Health and Safety Commission, of 0.1 fibres per cubic centimetre of air averaged over a continuous period of 4 hours;
“control measure” means a measure taken to prevent or reduce exposure to asbestos (including the provision of systems of work and supervision, the cleaning of workplaces, premises, plant and equipment, and the provision and use of engineering controls and personal protective equipment);
“emergency services” include —
police, fire, rescue and ambulance services;
Her Majesty’s Coastguard;
“employment medical adviser” means an employment medical adviser appointed under section 56 of the Health and Safety at Work etc. Act 1974;
“enforcing authority” means the Executive, local authority or Office of Rail Regulation, determined in accordance with the provisions of the Health and Safety (Enforcing Authority) Regulations 1998 and the provisions of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 ;
“the Executive” means the Health and Safety Executive;
“ ISO 17020 ” means European Standard EN ISO / IEC 17020, “General criteria for the operation of various types of bodies performing inspection” as revised or reissued from time to time and accepted by the Comité Européen de Normalisation Electrotechnique ( CEN/CENELEC ) ;
“ ISO 17025 ” means European Standard EN ISO/IEC 17025, “General requirements for the competence of testing and calibration laboratories” as revised or reissued from time to time and accepted by the Comité Européen de Normalisation Electrotechnique (CEN/CENELEC) ;
“medical examination” includes any laboratory tests and X-rays that a relevant doctor may require;
“personal protective equipment” means all equipment (including clothing) which is intended to be worn or held by a person at work and which protects that person against one or more risks to his health, and any addition or accessory designed to meet that objective;
“relevant doctor” means an appointed doctor or an employment medical adviser;
“risk assessment” means the assessment of risk required by regulation 6(1)(a);
“the 1997 WHO recommended method” means the publication “Determination of airborne fibre concentrations. A recommended method, by phase-contrast optical microscopy (membrane filter method)”, WHO (World Health Organisation), Geneva 1997 .
2
For the purposes of these Regulations, except in accordance with regulation 11(3) and (5), in determining whether an employee is exposed to asbestos or whether the extent of such exposure exceeds the control limit, no account shall be taken of respiratory protective equipment which, for the time being, is being worn by that employee.
3
A reference to work with asbestos in these Regulations shall include —
a
work which consists of the removal, repair or disturbance of asbestos or materials containing asbestos;
b
work which is ancillary to such work; and
c
supervision of such work and such ancillary work.
Application of these Regulations
3
1
These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and an employee.
2
Subject to paragraph (3), regulations 8 (licensing), 9 (notification of work with asbestos), 15(1) (arrangements to deal with accidents, incidents and emergencies), 18(1)(a) (asbestos areas) and 22 (health records and medical surveillance) shall not apply where —
a
the exposure of employees to asbestos is sporadic and of low intensity;
b
it is clear from the risk assessment that the exposure of any employee to asbestos will not exceed the control limit; and
c
the work involves —
i
short, non-continuous maintenance activities,
ii
removal of materials in which the asbestos fibres are firmly linked in a matrix,
iii
encapsulation or sealing of asbestos-containing materials which are in good condition, or
iv
air monitoring and control, and the collection and analysis of samples to ascertain whether a specific material contains asbestos.
3
No exposure to asbestos will be sporadic and of low intensity within the meaning of paragraph (2)(a) if the concentration of asbestos in the atmosphere when measured in accordance with the 1997 WHO recommended method or by a method giving equivalent results to that method approved by the Health and Safety Commission exceeds or is liable to exceed the concentration approved in relation to a specified reference period for the purposes of this paragraph by the Health and Safety Commission.
4
Where a duty is placed by these Regulations on an employer in respect of his employees, he shall, so far as is reasonably practicable, be under a like duty in respect of any other person, whether at work or not, who may be affected by the work activity carried out by the employer except that the duties of the employer —
a
under regulation 10 (information, instruction and training) shall not extend to persons who are not his employees unless those persons are on the premises where the work is being carried out; and
b
under regulation 22 (health records and medical surveillance) shall not extend to persons who are not his employees.
5
Regulation 17, insofar as it requires an employer to ensure that premises are thoroughly cleaned, shall not apply —
a
in England and Wales, to a fire and rescue authority within the meaning of section 1 of the Fire and Rescue Services Act 2004 , or in Scotland to a relevant authority within the meaning of section 6 of the Fire (Scotland) Act 2005 , in respect of premises attended by its employees for the purpose of fighting a fire or in an emergency; or
b
to the employer of persons who attend a ship in dock premises for the purpose of fighting a fire or in an emergency, in respect of any ship so attended,
and for the purposes of this paragraph “ship” includes all vessels and hovercraft which operate on water or land and water, and “dock premises” means a dock, wharf, quay, jetty or other place at which ships load or unload goods or embark or disembark passengers, together with neighbouring land or water which is used or occupied, or intended to be used or occupied, for those or incidental activities, and any part of a ship when used for those or incidental activities.
6
These Regulations shall not apply to the master or crew of a ship or to the employer of such persons in respect of the normal shipboard activities of a ship’s crew which are carried out solely by the crew under the direction of the master, and for the purposes of this paragraph “ship” includes every description of vessel used in navigation, other than a ship forming part of Her Majesty’s Navy.
PART 2 GENERAL REQUIREMENTS
Duty to manage asbestos in non-domestic premises
4
1
In this regulation “the dutyholder” means —
a
every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access thereto or egress therefrom; or
b
in relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to any extent, control of that part of those non-domestic premises or any means of access thereto or egress therefrom,
and where there is more than one such dutyholder, the relative contribution to be made by each such person in complying with the requirements of this regulation will be determined by the nature and extent of the maintenance and repair obligation owed by that person.
2
Every person shall cooperate with the dutyholder so far as is necessary to enable the dutyholder to comply with his duties under this regulation.
3
In order to enable him to manage the risk from asbestos in non-domestic premises, the dutyholder shall ensure that a suitable and sufficient assessment is carried out as to whether asbestos is or is liable to be present in the premises.
4
In making the assessment —
a
such steps as are reasonable in the circumstances shall be taken; and
b
the condition of any asbestos which is, or has been assumed to be, present in the premises shall be considered.
5
Without prejudice to the generality of paragraph (4), the dutyholder shall ensure that —
a
account is taken of building plans or other relevant information and of the age of the premises; and
b
an inspection is made of those parts of the premises which are reasonably accessible.
6
The dutyholder shall ensure that the assessment is reviewed forthwith if —
a
there is reason to suspect that the assessment is no longer valid; or
b
there has been a significant change in the premises to which the assessment relates.
7
The dutyholder shall ensure that the conclusions of the assessment and every review are recorded.
8
Where the assessment shows that asbestos is or is liable to be present in any part of the premises the dutyholder shall ensure that —
a
a determination of the risk from that asbestos is made;
b
a written plan identifying those parts of the premises concerned is prepared; and
c
the measures which are to be taken for managing the risk are specified in the written plan.
9
The measures to be specified in the plan for managing the risk shall include adequate measures for —
a
monitoring the condition of any asbestos or any substance containing or suspected of containing asbestos;
b
ensuring any asbestos or any such substance is properly maintained or where necessary safely removed; and
c
ensuring that information about the location and condition of any asbestos or any such substance is —
i
provided to every person liable to disturb it, and
ii
made available to the emergency services.
10
The dutyholder shall ensure that —
a
the plan is reviewed and revised at regular intervals, and forthwith if —
i
there is reason to suspect that the plan is no longer valid, or
ii
there has been a significant change in the premises to which the plan relates;
b
the measures specified in the plan are implemented; and
c
the measures taken to implement the plan are recorded.
11
In this regulation, a reference to —
a
“the assessment” is a reference to the assessment required by paragraph (3);
b
“the premises” is a reference to the non-domestic premises referred to in paragraph (1); and
c
“the plan” is a reference to the plan required by paragraph (8).
Identification of the presence of asbestos
5
An employer shall not undertake work in demolition, maintenance, or any other work which exposes or is liable to expose his employees to asbestos in respect of any premises unless either —
a
he has carried out a suitable and sufficient assessment as to whether asbestos, what type of asbestos, contained in what material and in what condition is present or is liable to be present in those premises; or
b
if there is doubt as to whether asbestos is present in those premises he —
i
assumes that asbestos is present, and that it is not chrysotile alone, and
ii
observes the applicable provisions of these Regulations.
Assessment of work which exposes employees to asbestos
6
1
An employer shall not carry out work which is liable to expose his employees to asbestos unless he has —
a
made a suitable and sufficient assessment of the risk created by that exposure to the health of those employees and of the steps that need to be taken to meet the requirements of these Regulations;
b
recorded the significant findings of that risk assessment as soon as is practicable after the risk assessment is made; and
c
implemented the steps referred to in sub-paragraph (a).
2
Without prejudice to the generality of paragraph (1), the risk assessment shall —
a
subject to regulation 5, identify the type of asbestos to which employees are liable to be exposed;
b
determine the nature and degree of exposure which may occur in the course of the work;
c
consider the effects of control measures which have been or will be taken in accordance with regulation 11;
d
consider the results of monitoring of exposure in accordance with regulation 19;
e
set out the steps to be taken to prevent that exposure or reduce it to the lowest level reasonably practicable;
f
consider the results of any medical surveillance that is relevant; and
g
include such additional information as the employer may need in order to complete the risk assessment.
3
The risk assessment shall be reviewed regularly, and forthwith if —
a
there is reason to suspect that the existing risk assessment is no longer valid;
b
there is a significant change in the work to which the risk assessment relates; or
c
the results of any monitoring carried out pursuant to regulation 19 show it to be necessary,
and where, as a result of the review, changes to the risk assessment are required, those changes shall be made and, where they relate to the significant findings of the risk assessment or are themselves significant, recorded.
4
Where, in accordance with the requirement in paragraph (2)(b), the risk assessment has determined that the exposure of his employees to asbestos may exceed the control limit, the employer shall keep a copy of the significant findings of the risk assessment at those premises at which, and for such time as, the work to which that risk assessment relates is being carried out.
Plans of work
7
1
An employer shall not undertake any work with asbestos unless he has prepared a suitable written plan of work detailing how that work is to be carried out.
2
The employer shall keep a copy of the plan of work at those premises at which the work to which the plan relates is being carried out for such time as that work continues.
3
In cases of final demolition or major refurbishment of premises, the plan of work shall, so far as is reasonably practicable, and unless it would cause a greater risk to employees than if the asbestos had been left in place, specify that asbestos shall be removed before any other major works begin.
4
The plan of work shall include in particular details of —
a
the nature and probable duration of the work;
b
the location of the place where the work is to be carried out;
c
the methods to be applied where the work involves the handling of asbestos or materials containing asbestos;
d
the characteristics of the equipment to be used for —
i
protection and decontamination of those carrying out the work, and
ii
protection of other persons on or near the worksite;
e
the measures which the employer intends to take in order to comply with the requirements of regulation 11; and
f
the measures which the employer intends to take in order to comply with the requirements of regulation 17.
5
The employer shall ensure, so far as is reasonably practicable, that the work to which the plan of work relates is carried out in accordance with that plan and any subsequent written changes to it.
Licensing of work with asbestos
8
1
Subject to regulation 3(2), an employer shall not undertake any work with asbestos unless he holds a licence granted under paragraph (2) of this regulation.
2
The Executive may grant a licence for work with asbestos if it considers it appropriate to do so and —
a
the person who wishes the licence to be granted to him has made application for it on a form approved for the purposes of this regulation by the Executive; and
b
the application was made at least 28 days before the date from which the licence is to run, or such shorter period as the Executive may allow.
3
A licence under this regulation —
a
shall come into operation on the date specified in the licence, and shall be valid for any period up to a maximum of three years that the Executive may specify in it; and
b
may be granted subject to such conditions as the Executive may consider appropriate.
4
The Executive may vary the terms of a licence under this regulation if it considers it appropriate to do so and in particular may —
a
add further conditions and vary or omit existing ones; and
b
reduce the period for which the licence is valid or extend that period up to a maximum of three years from the date on which the licence first came into operation.
5
The Executive may revoke a licence under this regulation if it considers it appropriate to do so.
6
The holder of a licence under this regulation shall return the licence to the Executive —
a
when required by the Executive for any amendment; or
b
following its revocation.
Notification of work with asbestos
9
1
Subject to regulation 3(2), an employer shall not undertake any work with asbestos unless he has notified the appropriate office of the enforcing authority in writing of the particulars specified in Schedule 1 at least 14 days before commencing that work or such shorter time before as the enforcing authority may agree.
2
Where an employer has notified work in accordance with paragraph (1) and there is a material change in that work which might affect the particulars so notified (including the cessation of the work), the employer shall forthwith notify the appropriate office of the enforcing authority in writing of that change.
Information, instruction and training
10
1
Every employer shall ensure that adequate information, instruction and training is given to those of his employees —
a
who are or who are liable to be exposed to asbestos, or who supervise such employees, so that they are aware of —
i
the properties of asbestos and its effects on health, including its interaction with smoking,
ii
the types of products or materials likely to contain asbestos,
iii
the operations which could result in asbestos exposure and the importance of preventive controls to minimise exposure,
iv
safe work practices, control measures, and protective equipment,
v
the purpose, choice, limitations, proper use and maintenance of respiratory protective equipment,
vi
emergency procedures,
vii
hygiene requirements,
viii
decontamination procedures,
ix
waste handling procedures,
x
medical examination requirements, and
xi
the control limit and the need for air monitoring,
in order to safeguard themselves and other employees; and
b
who carry out work in connection with the employer’s duties under these Regulations, so that they can carry out that work effectively.
2
The information, instruction and training required by paragraph (1) shall be —
a
given at regular intervals;
b
adapted to take account of significant changes in the type of work carried out or methods of work used by the employer; and
c
provided in a manner appropriate to the nature and degree of exposure identified by the risk assessment, and so that the employees are aware of —
i
the significant findings of the risk assessment, and
ii
the results of any air monitoring carried out with an explanation of the findings.
Prevention or reduction of exposure to asbestos
11
1
Every employer shall —
a
prevent the exposure of his employees to asbestos so far as is reasonably practicable;
b
where it is not reasonably practicable to prevent such exposure —
i
take the measures necessary to reduce the exposure of his employees to asbestos to the lowest level reasonably practicable by measures other than the use of respiratory protective equipment, and
ii
ensure that the number of his employees who are exposed to asbestos at any one time is as low as is reasonably practicable.
2
Where it is not reasonably practicable for the employer to prevent the exposure of his employees to asbestos in accordance with paragraph (1)(a), the measures referred to in paragraph (1)(b)(i) shall include, in order of priority —
a
the design and use of appropriate work processes, systems and engineering controls and the provision and use of suitable work equipment and materials in order to avoid or minimise the release of asbestos; and
b
the control of exposure at source, including adequate ventilation systems and appropriate organisational measures,
and the employer shall so far as is reasonably practicable provide the employees concerned with suitable respiratory protective equipment in addition to the measures required by sub-paragraphs (a) and (b).
3
Where it is not reasonably practicable to reduce the exposure of an employee to asbestos to below the control limit by the measures referred to in paragraph (1)(b)(i), then, in addition to taking those measures, the employer shall provide that employee with suitable respiratory protective equipment which will reduce the concentration of asbestos in the air inhaled by the employee (after taking account of the effect of that respiratory protective equipment) to a concentration which is —
a
below the control limit; and
b
is as low as is reasonably practicable.
4
Personal protective equipment provided by an employer in accordance with this regulation or with regulation 14(1) shall be suitable for its purpose and shall —
a
comply with any provision of the Personal Protective Equipment Regulations 2002 which is applicable to that item of personal protective equipment; or
b
in the case of respiratory protective equipment, where no provision referred to in sub-paragraph (a) applies, be of a type approved or shall conform to a standard approved, in either case, by the Executive.
5
The employer shall —
a
ensure that no employee is exposed to asbestos in a concentration in the air inhaled by that worker which exceeds the control limit; or
b
if the control limit is exceeded —
i
forthwith inform any employees concerned and their representatives and ensure that work does not continue in the affected area until adequate measures have been taken to reduce employees’ exposure to asbestos to below the control limit,
ii
as soon as is reasonably practicable identify the reasons for the control limit being exceeded and take the appropriate measures to prevent it being exceeded again, and
iii
check the effectiveness of the measures taken pursuant to sub-paragraph (ii) by carrying out immediate air monitoring.
Use of control measures etc.
12
1
Every employer who provides any control measure, other thing or facility pursuant to these Regulations shall take all reasonable steps to ensure that it is properly used or applied as the case may be.
2
Every employee shall make full and proper use of any control measure, other thing or facility provided pursuant to these Regulations and, where relevant, shall —
a
take all reasonable steps to ensure that it is returned after use to any accommodation provided for it; and
b
if he discovers a defect therein report it forthwith to his employer.
Maintenance of control measures etc.
13
1
Every employer who provides any control measure to meet the requirements of these Regulations shall ensure that —
a
in the case of plant and equipment, including engineering controls and personal protective equipment, it is maintained in an efficient state, in efficient working order, in good repair and in a clean condition; and
b
in the case of provision of systems of work and supervision and of any other measure, it is reviewed at suitable intervals and revised if necessary.
2
Where exhaust ventilation equipment or respiratory protective equipment (except disposable respiratory protective equipment) is provided to meet the requirements of these Regulations, the employer shall ensure that thorough examinations and tests of that equipment are carried out at suitable intervals by a competent person.
3
Every employer shall keep a suitable record of the examinations and tests carried out in accordance with paragraph (2) and of repairs carried out as a result of those examinations and tests, and that record or a suitable summary thereof shall be kept available for at least 5 years from the date on which it was made.
Provision and cleaning of protective clothing
14
1
Every employer shall provide adequate and suitable protective clothing for such of his employees as are exposed or are liable to be exposed to asbestos, unless no significant quantity of asbestos is liable to be deposited on the clothes of the employee while he is at work.
2
The employer shall ensure that protective clothing provided in pursuance of paragraph (1) is either disposed of as asbestos waste or adequately cleaned at suitable intervals.
3
The cleaning required by paragraph (2) shall be carried out either on the premises where the exposure to asbestos has occurred, where those premises are suitably equipped for such cleaning, or in a suitably equipped laundry.
4
The employer shall ensure that protective clothing which has been used and is to be removed from the premises referred to in paragraph (3) (whether for cleaning, further use or disposal) is packed, before being removed, in a suitable receptacle which shall be labelled in accordance with the provisions of Schedule 2 as if it were a product containing asbestos or, in the case of protective clothing intended for disposal as waste, in accordance with regulation 24(3).
5
Where, as a result of the failure or improper use of the protective clothing provided in pursuance of paragraph (1), a significant quantity of asbestos is deposited on the personal clothing of an employee, then for the purposes of paragraphs (2), (3) and (4) that personal clothing shall be treated as if it were protective clothing.
Arrangements to deal with accidents, incidents and emergencies
15
1
Subject to regulation 3(2) and to paragraph (3) of this regulation, and without prejudice to the relevant provisions of the Management of Health and Safety at Work Regulations 1999 , in order to protect the health of his employees from an accident, incident or emergency related to the use of asbestos in a work process or to the removal or repair of asbestos-containing materials at the workplace, the employer shall ensure that —
a
procedures, including the provision of relevant safety drills (which shall be tested at regular intervals), have been prepared which can be put into effect when such an event occurs;
b
information on emergency arrangements, including —
i
details of relevant work hazards and hazard identification arrangements, and
ii
specific hazards likely to arise at the time of an accident, incident or emergency,
is available; and
c
suitable warning and other communication systems are established to enable an appropriate response, including remedial actions and rescue operations, to be made immediately when such an event occurs.
2
The employer shall ensure that information on the procedure and systems required by paragraph (1)(a) and (c) and the information required by paragraph (1)(b) is —
a
made available to the relevant accident and emergency services to enable those services, whether internal or external to the workplace, to prepare their own response procedures and precautionary measures; and
b
displayed at the workplace, if this is appropriate.
3
Paragraph (1) shall not apply where —
a
the results of the risk assessment show that, because of the quantity of asbestos present at the workplace, there is only a slight risk to the health of employees; and
b
the measures taken by the employer to comply with the duty under regulation 11(1) are sufficient to control that risk.
4
In the event of an accident, incident or emergency related to the unplanned release of asbestos at the workplace, the employer shall ensure that —
a
immediate steps are taken to —
i
mitigate the effects of the event,
ii
restore the situation to normal, and
iii
inform any person who may be affected; and
b
only those persons who are responsible for the carrying out of repairs and other necessary work are permitted in the affected area and they are provided with —
i
appropriate respiratory protective equipment and protective clothing, and
ii
any necessary specialised safety equipment and plant,
which shall be used until the situation is restored to normal.
Duty to prevent or reduce the spread of asbestos
16
Every employer shall prevent or, where this is not reasonably practicable, reduce to the lowest level reasonably practicable the spread of asbestos from any place where work under his control is carried out.
Cleanliness of premises and plant
17
Every employer who undertakes work which exposes or is liable to expose his employees to asbestos shall ensure that —
a
the premises, or those parts of the premises where that work is carried out, and the plant used in connection with that work are kept in a clean state; and
b
where such work has been completed, the premises, or those parts of the premises where the work was carried out, are thoroughly cleaned.
Designated Areas
18
1
Every employer shall ensure that any area in which work under his control is carried out is designated as —
a
an asbestos area, subject to regulation 3(2), where any employee would be liable to be exposed to asbestos in that area;
b
a respirator zone where the concentration of asbestos fibres in the air in that area would exceed or would be liable to exceed the control limit.
2
Asbestos areas and respirator zones shall be clearly and separately demarcated and identified by notices indicating —
a
that the area is an asbestos area or a respirator zone or both, as the case may be; and
b
in the case of a respirator zone, that the exposure of an employee who enters it is liable to exceed the control limit and that respiratory protective equipment must be worn.
3
The employer shall not permit any employee, other than an employee who by reason of his work is required to be in an area designated as an asbestos area or a respirator zone, to enter or remain in any such area and only employees who are so permitted shall enter or remain in any such area.
4
Every employer shall ensure that only competent employees shall —
a
enter a respirator zone; and
b
supervise any employees who enter a respirator zone,
and for the purposes of this paragraph a competent employee means an employee who has received adequate information, instruction and training.
5
Every employer shall ensure that —
a
his employees do not eat, drink or smoke in an area designated as an asbestos area or a respirator zone; and
b
arrangements are made for such employees to eat or drink in some other place.
Air Monitoring
19
1
Subject to paragraph (2), every employer shall monitor the exposure of his employees to asbestos by measurement of asbestos fibres present in the air —
a
at regular intervals; and
b
when a change occurs which may affect that exposure.
2
Paragraph (1) shall not apply where —
a
the exposure of an employee is not liable to exceed the control limit; or
b
the employer is able to demonstrate by another method of evaluation that the requirements of regulation 11(1) and (5) have been complied with.
3
The employer shall keep a suitable record of —
a
monitoring carried out in accordance with paragraph (1); or
b
where he decides that monitoring is not required because paragraph 2(b) applies, the reason for that decision.
4
The record required by paragraph (3), or a suitable summary thereof, shall be kept —
a
in a case where exposure is such that a health record is required to be kept under regulation 22 for at least 40 years; or
b
in any other case, for at least 5 years,
from the date of the last entry made in it.
5
In relation to the record required by paragraph (3), the employer shall —
a
on reasonable notice being given, allow an employee access to his personal monitoring record;
b
provide the Executive with copies of such monitoring records as the Executive may require; and
c
if he ceases to trade, notify the Executive forthwith in writing and make available to the Executive all monitoring records kept by him.
Standards for air testing and site clearance certification
20
1
In paragraph (4) “site clearance certificate for reoccupation” means a certificate issued to confirm that premises or parts of premises where work with asbestos has been carried out have been thoroughly cleaned upon completion of that work in accordance with regulation 17(b).
2
Every employer who carries out any measurement of the concentration of asbestos fibres present in the air shall ensure that he meets criteria equivalent to those set out in the paragraphs of ISO 17025 which cover organisation, quality systems, control of records, personnel, accommodation and environmental conditions, test and calibration methods, method validation, equipment, handling of test and calibration items, and reporting results.
3
Every employer who requests a person to carry out any measurement of the concentration of asbestos fibres present in the air shall ensure that that person is accredited by an appropriate body as competent to perform work in compliance with ISO 17025.
4
Every employer who requests a person to assess whether premises or parts of premises where work with asbestos has been carried out have been thoroughly cleaned upon completion of that work and are suitable for reoccupation such that a site clearance certificate for reoccupation can be issued shall ensure that that person is accredited by an appropriate body as competent to perform work in compliance with the paragraphs of ISO 17020 and ISO 17025 which cover organisation, quality systems, control of records, personnel, accommodation and environmental conditions, test and calibration methods, method validation, equipment, handling of test and calibration items, and reporting results.
5
Paragraphs (2) and (3) shall not apply to work carried out in a laboratory for the purposes only of research.
Standards for analysis
21
1
Every employer who analyses a sample of any material to determine whether it contains asbestos shall ensure that he meets criteria equivalent to those set out in the paragraphs of ISO 17025 which cover organisation, quality systems, control of records, personnel, accommodation and environmental conditions, test and calibration methods, method validation, equipment, handling of test and calibration items, and reporting results.
2
Every employer who requests a person to analyse a sample of any material taken to determine whether it contains asbestos shall ensure that that person is accredited by an appropriate body as competent to perform work in compliance with ISO 17025.
3
Paragraphs (1) and (2) shall not apply to work carried out in a laboratory for the purposes only of research.
Health records and medical surveillance
22
1
Subject to regulation 3(2), every employer shall ensure that —
a
a health record, containing particulars approved by the Executive, relating to each of his employees who is exposed to asbestos is maintained; and
b
that record or a copy thereof is kept available in a suitable form for at least 40 years from the date of the last entry made in it.
2
Subject to regulation 3(2), every employer shall ensure that each of his employees who is exposed to asbestos is under adequate medical surveillance by a relevant doctor.
3
The medical surveillance required by paragraph (2) shall include —
a
a medical examination not more than 2 years before the beginning of such exposure; and
b
periodic medical examinations at intervals of not more than 2 years or such shorter time as the relevant doctor may require while such exposure continues,
and each such medical examination shall include a specific examination of the chest.
4
Where an employee has been examined in accordance with paragraph (3), the relevant doctor shall issue a certificate to the employer and employee stating —
a
that the employee has been so examined; and
b
the date of the examination,
and the employer shall keep that certificate or a copy thereof for at least 4 years from the date on which it was issued.
5
An employee to whom this regulation applies shall, when required by his employer and at the cost of the employer, present himself during his working hours for such examination and tests as may be required for the purposes of paragraph (3) and shall furnish the relevant doctor with such information concerning his health as the relevant doctor may reasonably require.
6
Where, for the purpose of carrying out his functions under these Regulations, a relevant doctor requires to inspect any record kept for the purposes of these Regulations, the employer shall permit him to do so.
7
Where medical surveillance is carried out on the premises of the employer, the employer shall ensure that suitable facilities are made available for the purpose.
8
The employer shall —
a
on reasonable notice being given, allow an employee access to his personal health record;
b
provide the Executive with copies of such personal health records as the Executive may require; and
c
if he ceases to trade, notify the Executive forthwith in writing and make available to the Executive all personal health records kept by him.
9
Where, as a result of medical surveillance, an employee is found to have an identifiable disease or adverse health effect which is considered by a relevant doctor to be the result of exposure to asbestos at work the employer of that employee shall —
a
ensure that a suitable person informs the employee accordingly and provides the employee with information and advice regarding further medical surveillance;
b
review the risk assessment;
c
review any measure taken to comply with regulation 11 taking into account any advice given by a relevant doctor or by the Executive;
d
consider assigning the employee to alternative work where there is no risk of further exposure to asbestos, taking into account any advice given by a relevant doctor; and
e
provide for a review of the health of every other employee who has been similarly exposed, including a medical examination (which shall include a specific examination of the chest) where such an examination is recommended by a relevant doctor or by the Executive.
Washing and changing facilities
23
1
Every employer shall ensure that, for any of his employees who is exposed or liable to be exposed to asbestos, there be provided —
a
adequate washing and changing facilities;
b
where he is required to provide protective clothing, adequate facilities for the storage of —
i
that protective clothing, and
ii
personal clothing not worn during working hours; and
c
where he is required to provide respiratory protective equipment, adequate facilities for the storage of that equipment.
2
The facilities provided under paragraph (1) for the storage of —
a
personal protective clothing;
b
personal clothing not worn during working hours; and
c
respiratory protective equipment,
shall be separate from each other.
Storage, distribution and labelling of raw asbestos and asbestos waste
24
1
Every employer who undertakes work with asbestos shall ensure that raw asbestos or waste which contains asbestos is not —
a
stored;
b
received into or despatched from any place of work; or
c
distributed within any place of work, except in a totally enclosed distribution system,
unless it is in a sealed receptacle or, where more appropriate, sealed wrapping, clearly marked in accordance with paragraphs (2) and (3) showing that it contains asbestos.
2
Raw asbestos shall be labelled in accordance with the provisions of Schedule 2.
3
Waste containing asbestos shall be labelled —
a
where the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 apply, in accordance with those Regulations; and
b
in any other case in accordance with the provisions of Schedule 2.
PART 3 PROHIBITIONS AND RELATED PROVISIONS
Interpretation of prohibitions
25
1
In this Part —
“asbestos cement” means a material which is predominantly a mixture of cement and chrysotile and which when in a dry state absorbs less than 30% water by weight;
“asbestos spraying” means the application by spraying of any material containing asbestos to form a continuous surface coating;
“extraction of asbestos” means the extraction by mining or otherwise of asbestos as the primary product of such extraction, but shall not include extraction which produces asbestos as a by-product of the primary activity of extraction;
“supply” means supply by way of sale, lease, hire, hire-purchase, loan, gift or exchange for a consideration other than money, whether (in all cases) as principal or as agent for another; and
“use” in relation to asbestos or any product to which asbestos has intentionally been added means —
putting asbestos or any product to which asbestos has intentionally been added to use for the first time; or
putting asbestos or any product to which asbestos has intentionally been added which has been in use before to a new use.
2
Any prohibition imposed on any person by this Part shall apply only to acts done in the course of a trade, business or other undertaking (whether for profit or not) carried on by him.
3
Any prohibition imposed by this Part on the importation into the United Kingdom, or on the supply or use of asbestos shall not apply to the importation, supply or use of asbestos solely for the purposes of research, development or analysis.
4
Where in this Part it is stated that asbestos has intentionally been added to a product or is intentionally added, it will be presumed where —
a
asbestos is present in any product; and
b
asbestos is not a naturally occurring impurity of that product, or of any component or constituent thereof,
that the asbestos has intentionally been added or is intentionally added, as the case may be, subject to evidence to the contrary being adduced in any proceedings.
Prohibitions of exposure to asbestos
26
1
No person shall undertake asbestos spraying or working procedures that involve using low-density (less than 1g/cm³) insulating or soundproofing materials which contain asbestos.
2
Every employer shall ensure that no employees are exposed to asbestos during the extraction of asbestos.
3
Every employer shall ensure that no employees are exposed to asbestos during the manufacture of asbestos products or of products containing intentionally added asbestos.
4
In the case of chrysotile only, the prohibition in paragraph (3) is subject to the exception in paragraph 2 of Schedule 3.
Prohibition of the importation of asbestos
27
1
Subject to paragraph (2), the importation into the United Kingdom of asbestos or of any product to which asbestos has intentionally been added is prohibited and any contravention of this paragraph shall be punishable under the Customs and Excise Management Act 1979 and not as a contravention of a health and safety regulation.
2
In the case of chrysotile only, the prohibition in paragraph (1) is subject to the exceptions in paragraphs 1, 2 and 3 of Schedule 3.
Prohibition of the supply of asbestos
28
1
Subject to paragraphs (2) and (3), no person shall supply, other than solely for the purpose of disposal, asbestos or any product to which asbestos has intentionally been added.
2
In the case of chrysotile only, the prohibition in paragraph (1) shall not apply where the asbestos or the product was in use before 24th November 1999, except in the case of a product to which asbestos has intentionally been added of which the supply was prohibited by regulation 7 of the Asbestos (Prohibitions) Regulations 1992 as in force immediately before 24th November 1999.
3
In the case of chrysotile only, the prohibition in paragraph (1) is subject to the exceptions in paragraphs 1 and 2 of Schedule 3.
Prohibition of the use of asbestos
29
1
Subject to paragraphs (2) to (6), no person shall use, except in the course of any activity in connection with its disposal, asbestos or any product to which asbestos has intentionally been added.
2
In the case of products containing crocidolite or asbestos grunerite (amosite), the prohibition in paragraph (1) shall not apply where the product was in use before 1st January 1986.
3
In the case of products containing any other form of asbestos than crocidolite or asbestos grunerite (amosite), but excepting chrysotile, the prohibition in paragraph (1) shall not apply where the product was in use before 1st January 1993.
4
In the case of chrysotile only, the prohibition in paragraph (1) shall not apply where the asbestos or product was in use before 24th November 1999, except in the case of a product containing chrysotile of which the supply was prohibited by regulation 7 of the Asbestos (Prohibitions) Regulations 1992 as in force immediately before 24th November 1999.
5
Notwithstanding paragraph (4), no person shall use, except in the course of any activity in connection with its disposal, —
a
asbestos cement;
b
any board, panel or tile, all or part of which has been painted with paint containing chrysotile; or
c
any board, panel or tile, all or part of which has been covered in a textured finishing plaster used for decorative purposes and containing chrysotile,
unless it is installed in or forms part of any premises or plant and, before 24th November 1999, it was installed in or formed part of those same premises or plant.
6
In the case of chrysotile only, the prohibition in paragraph (1) is subject to the exceptions in paragraphs 1 and 2 of Schedule 3.
Labelling of products containing asbestos
30
1
Subject to paragraph (2), a person shall not supply under an exception in Schedule 3 or an exemption granted pursuant to regulation 32 or regulation 33 a product which contains asbestos unless that product is labelled in accordance with the provisions of Schedule 2.
2
Where a component of a product contains asbestos, it shall be sufficient compliance with this regulation if that component is labelled in accordance with the provisions of Schedule 2 except that where the size of that component makes it impossible for a label to be fixed to it neither that component nor the product need be labelled.
Additional provisions in the case of exceptions and exemptions
31
1
Where under an exception in Schedule 3 or an exemption granted pursuant to regulation 32 or regulation 33 asbestos is used in a work process or is produced by a work process, the employer shall ensure that the quantity of asbestos and materials containing asbestos at the premises where the work is carried out is reduced to as low a level as is reasonably practicable.
2
Subject to paragraph (3), where under an exception in Schedule 3 or an exemption granted pursuant to regulation 32 or regulation 33 a manufacturing process which gives rise to asbestos dust is carried out in a building, the employer shall ensure that any part of the building in which the process is carried out is —
a
so designed and constructed as to facilitate cleaning; and
b
is equipped with an adequate and suitable vacuum cleaning system which shall, where reasonably practicable, be a fixed system.
3
Paragraph 2(a) shall not apply to a building in which, prior to 1st March 1988, there was carried out a process to which either —
a
as then in force, regulation 13 of the Asbestos Regulations 1969 applied and the process was carried out in compliance with that regulation; or
b
that regulation did not apply.
PART 4 MISCELLANEOUS
Exemption certificates
32
1
Subject to paragraph (4), the Executive may, by a certificate in writing, exempt any person or class of persons or any product containing asbestos or class of such products from all or any of the requirements or prohibitions imposed by regulations 4, 8, 12, 13, 21, 22(5) to (7) and 27 and any such exemption may be granted subject to conditions and to a limit of time and may be varied or revoked by a further certificate in writing at any time.
2
Subject to paragraph (4) and to the provisions of Council Directive 76/769/ EEC on the marketing and use of certain dangerous substances and preparations , the Executive may, by a certificate in writing, exempt any person or class of persons or any product containing asbestos or class of such products from the prohibitions imposed by regulations 28(1) and 29(1) and any such exemption may be granted subject to conditions and to a limit of time and may be varied or revoked by a further certificate in writing at any time.
3
Subject to paragraph (4), the Executive may exempt emergency services from all or any of the requirements or prohibitions imposed by regulations 7 and 9 and any such exemption may be granted subject to conditions and to a limit of time and may be varied or revoked by a further certificate in writing at any time.
4
The Executive shall not grant any exemption under paragraph (1),(2) or (3) unless having regard to the circumstances of the case and in particular to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Exemptions relating to the Ministry of Defence
33
The Secretary of State for Defence may, in the interests of national security, exempt any person or class of persons from all or any of the prohibitions imposed by Part 3 of these Regulations by a certificate in writing, and any such exemption may be granted subject to conditions and to a limit of time and may be varied or revoked by a further certificate in writing at any time.
Extension outside Great Britain
34
These Regulations shall apply to any work outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 2001 as they apply to work in Great Britain.
Existing licences and exemption certificates
35
1
An existing licence issued by the Executive under regulation 4(1) of the Asbestos (Licensing) Regulations 1983 shall —
a
continue to have effect as if it had been granted under regulation 8(2) of these Regulations;
b
be of the duration and subject to the conditions specified in it as if that duration and those conditions had been specified under regulation 8(3); and
c
be liable to variation and revocation under regulation 8(4) and (5),
and any requirement in such a licence concerning notification and any exception to such a requirement shall have effect as a requirement for notification under regulation 9 of and as an exception to such a requirement under regulation 3(2) of these Regulations.
2
An existing exemption granted by the Executive under regulation 7(1) of the Asbestos (Licensing) Regulations 1983, regulation 8(1) of the Asbestos (Prohibitions) Regulations 1992 , or regulation 25(1) of the Control of Asbestos at Work Regulations 2002 shall continue to have effect and be subject to any limitation of time or any conditions specified in it and liable to revocation as if it had been granted under regulation 32(1), (2) or (3) of these Regulations.
3
An existing exemption granted by the Secretary of State for Defence under regulation 8(3) of the Asbestos (Prohibitions) Regulations 1992 shall continue to have effect and be subject to any limitation of time or any conditions specified in it and liable to revocation as if it had been granted under regulation 33 of these Regulations.
Revocations, amendments and savings
36
1
The revocations listed in Schedule 4 shall have effect.
2
The amendments listed in Schedule 5 shall have effect.
3
Any record or register required to be kept under any Regulations revoked either by paragraph (1) or by regulation 27(1) of the Control of Asbestos at Work Regulations 2002 shall, notwithstanding that revocation, be kept in the same manner and for the same period as specified in those Regulations as if these Regulations had not been made, except that the Executive may approve the keeping of records at a place or in a form other than at the place where, or in the form which, records were required to be kept under the Regulations so revoked.
Defence
37
Subject to regulation 21 of the Management of Health and Safety at Work Regulations 1999 , in any proceedings for an offence consisting of a contravention of Part 2 of these Regulations it shall be a defence for any person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
Signed by authority of the Secretary of State for Work and Pensions.
Philip Hunt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
12th October 2006


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the A419 Trunk Road (Blunsdon Bypass and Slip Roads) Order 2006 and shall come into force on 29th June 2006.
2
In this Order —
1
all measurements of distance are measured along the routes of the relevant highways;
2
i
“the new main road” means the new highway which the Secretary of State proposes to construct along the routes described in Schedule 1 to this Order;
ii
“the new trunk roads” means the new main road and the slip roads;
iii
“the plan” means the plan numbered HA10/MP/029 marked “The A419 Trunk Road (Blunsdon Bypass and Slip Roads) Order 2006” signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
iv
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order, and which connect the new main road with other highways at the places stated in that Schedule.
3
The new main road and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
I Scholey
Divisional Director Major Projects National Highways Agency
13th June 2006


text:
Citation, commencement, application and interpretation
1
These Regulations may be cited as the Education (Student Loans) (Amendment) (England and Wales) Regulations 2006.
2
1
Except as provided for in paragraph (2) these Regulations shall come into force on 30th April 2006.
2
Regulations 5 and 10 shall come into force on 1st August 2006.
3
These Regulations do not apply in or as regards Scotland .
4
In these Regulations “the Principal Regulations ” means the Education (Student Loans) Regulations 1998 .
Revocation
5
Regulation 5 of the Education (Student Loans) (Amendment) (England and Wales) Regulations 2005 is revoked .
6
The following provisions of the Education (Student Loans) (Amendment) ( No. 2) (England and Wales) Regulations 2005 are revoked —
a
regulation 7; and
b
regulation 8(2) and (3).
Amendment of the Principal Regulations
7
The Principal Regulations are amended in accordance with these Regulations.
8
1
Regulation 3 is amended as follows.
2
Before the definition of “accelerated course”, insert —
“2005 loan” means a loan the maximum amount of which is the maximum amount that would have been payable under these Regulations had they not been amended by the Education (Student Loans) (Amendment) (England and Wales) Regulations 2006;
“2006 academic year” means an academic year beginning on or after 1st August 2006 but before 1st July 2007;
.
3
After the definition of “borrower”, insert —
“Community Right student” means —
a person falling within paragraph 3 of Part 2 of Schedule 1;
a person falling within paragraph 6 of Part 2 of Schedule 1 by virtue of being —
an EEA frontier worker, an EEA frontier self-employed person, a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person;
a family member of a person mentioned in paragraph (i); or
a dependent direct relative in the ascending line of an EEA migrant worker or the spouse or civil partner of such a worker; or
a person falling within paragraph 8 of Part 2 of Schedule 1;
.
4
Omit the definition of “EEA migrant worker”.
5
In the definition of “old loan” for “Education (Student Loans) (Amendment) Regulations 2005”, substitute “Education (Student Loans) (Amendment) (England and Wales) Regulations 2005”.
6
Omit paragraphs (4), (5) and (6).
9
1
Regulation 4 is amended as follows.
2
In paragraphs (1A) and (1B) for “6A” wherever it appears, substitute “9”.
3
After paragraph (1C), insert —
1D
Subject to paragraphs (1G) and (2), a person shall be eligible for a 2005 loan in relation to a new academic year if he —
a
is either attending, or attended throughout the new academic year, a course which is —
i
a full-time course; or
ii
a full-time or a part-time course for the initial training of teachers which is for the time being designated by or under regulations made by virtue of section 1(2)(b) and (3)(c) of the Education Act 1962;
b
is a Community Right student; and
c
has entered into an agreement for a loan —
i
in the case of a person who will —
aa
complete the course referred to in sub-paragraph (a) during the new academic year; and
bb
not attend a further course of study in the 2006 academic year,
before the final day of the course referred to in sub-paragraph (a); or
ii
in the case of a person who will —
aa
continue to attend the course referred to in sub-paragraph (a) in the 2006 academic year; or
bb
attend a further course of study in the 2006 academic year,
before 30th April 2007.
1E
For the purposes of paragraph (1D)(b) above, the references to “the course” in the relevant paragraphs of Part 2 of Schedule 1 are to be treated as references to the course referred to in paragraph (1D)(a)(i) or (ii).
1F
For the purposes of paragraph (1D)(c)(i)(bb) and (ii)(bb), “further course of study” means a further course of study which is a full-time or a part-time course for the initial training of teachers which is designated by or under regulations made by virtue of section 1(2)(b) and (3)(c) of the Education Act 1962.
1G
Paragraph (1D) shall not apply in the case of a person who would have been eligible for a loan under paragraph (1) before 30th April 2006.
.
10
1
Regulation 6 is amended as follows.
2
In paragraphs (1) to (4), for each of the figures in the first column, wherever it appears, substitute the corresponding figure in the second column below —
First column (£) Second column (£)
1,155 1,185 1,855 1,900 1,575 1,615 2,540 2,605 1,505 1,540 2,055 2,105
11
For regulation 7(1), substitute —
1
Every agreement for a loan made on or after 30th April 2006 shall include the terms set out in Part 1 of Schedule 2.
.
12
For Schedule 1, substitute —
SCHEDULE 1
ELIGIBLE STUDENTS
Regulation 4
PART 1
Interpretation
1
1
For the purposes of this Schedule —
“Directive 2004/38” means Directive 2004/38/ EC of the European Parliament and of the Council of 29th April 2004 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;
“EC national” means a national of a Member State of the European Community;
“EEA frontier self-employed person” means an EEA national who —
is self-employed in the United Kingdom; and
resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“EEA frontier worker” means an EEA national who —
is a worker in the United Kingdom; and
resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“EEA migrant worker” means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;
“EEA national” means a national of an EEA State other than the United Kingdom;
“EEA self-employed person” means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;
“EEA State” means a Member State of the European Economic Area;
“employed person” means an employed person within the meaning of Annex 1 to the Switzerland Agreement;
“family member” means —
in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person or an EEA self-employed person —
his spouse or civil partner;
his child or the child of his spouse or civil partner; or
dependent direct relatives in his ascending line or that of his spouse or civil partner;
in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person —
his spouse or civil partner; or
his child or the child of his spouse or civil partner;
in relation to an EC national who is not self-sufficient —
his spouse or civil partner; or
direct descendants of his or his spouse or civil partner who are —
under the age of 21; or
dependants of his or of his spouse or civil partner;
in relation to an EC national who is self-sufficient —
his spouse or civil partner;
direct descendants of his or his spouse or civil partner who are —
under the age of 21; or
dependants of his or of his spouse or civil partner;
dependent direct relatives in his ascending line or that of his spouse or civil partner;
in relation to a United Kingdom national, for the purposes of paragraph 9 —
his spouse or civil partner; or
direct descendants of his or his spouse or civil partner who are —
under the age of 21; or
dependants of his or his spouse or civil partner;
“person with leave to enter or remain” means a person who —
either —
has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom; or
before 1st July 1993 applied to the Secretary of State for the Home Department for recognition as a refugee and who has been informed by a person acting under the authority of that Secretary of State that it is thought right to allow him to enter or remain in the United Kingdom;
has been granted leave to enter or remain accordingly; and
has been ordinarily resident in the United Kingdom and Islands throughout the period since he was granted leave to enter or remain;
“right of permanent residence” means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;
“self-employed person” means —
in relation to an EEA national, a person who is self-employed within the meaning of Article 7 of Directive 2004/38; or
in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Switzerland Agreement;
“self-sufficient” means self-sufficient within the meaning of Article 7(1)(b) of Directive 2004/38;
“settled” has the meaning given by section 33(2A) of the Immigration Act 1971 ;
“Swiss employed person” means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;
“Swiss frontier employed person” means a Swiss national who —
is an employed person in the United Kingdom; and
resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“Swiss frontier self-employed person” means a Swiss national who —
is a self-employed person in the United Kingdom; and
resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“Swiss self-employed person” means a Swiss national who is a self-employed, other than a Swiss frontier self-employed person, in the United Kingdom;
“Switzerland Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999 and which came into force on 1st June 2002;
“United Kingdom national” means a person who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties;
“worker” means a worker within the meaning of article 7 of Directive 2004/38.
2
For the purposes of this Schedule, “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child and “child” is to be construed accordingly.
3
For the purposes of this Schedule, a person is to be treated as ordinarily resident in the United Kingdom and Islands or in the territory comprising the European Economic Area and Switzerland if he would have been so resident but for the fact that —
a
he;
b
his spouse or civil partner;
c
his parent; or
d
in the case of a dependent direct relative in the ascending line, his child or child’s spouse or civil partner,
is or was temporarily employed outside the United Kingdom and Islands or, as the case may be, outside the territory comprising the European Economic Area and Switzerland.
4
For the purposes of sub-paragraph (3), temporary employment outside the United Kingdom and Islands or the territory comprising the European Economic Area and Switzerland includes —
a
in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces; and
b
in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside of the territory comprising the European Economic Area and Switzerland as members of such forces.
5
For the purposes of this Schedule, an area which —
a
was previously not part of the European Community or the European Economic area; but
b
at any time before or after these Regulations come into force has become part of one or other or both of these areas,
is to be considered to have always been a part of the European Economic Area.
PART 2
Categories
Persons with settled status
2
1
A person who on the first day of the course —
a
subject to sub-paragraph (2), is settled in the United Kingdom other than by reason of having acquired a right of permanent residence;
b
has been ordinarily resident throughout the three year period preceding the first day of the course in the United Kingdom and Islands; and
c
subject to sub-paragraph (3), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (b) been wholly or mainly for the purpose of receiving full-time education.
2
Paragraph (a) of sub-paragraph (1) does not apply if —
a
the first day of the person’s course was before 1st August 1997; or
b
the person —
i
commenced attending a course in respect of which he was eligible for a loan before 1st August 1997; and
ii
disregarding any intervening vacation immediately after ceasing to attend that course —
aa
commenced attending his present course; or
bb
commenced attending another course in respect of which he was eligible for a loan or other courses one after the other in respect of each of which he was eligible for a loan until, disregarding any intervening vacation immediately after ceasing to attend that course or last of those courses, he commenced attending his present course
3
Paragraph (c) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(3).
3
A person who —
a
is settled in the United Kingdom by virtue of having acquired the right of permanent residence;
b
has been ordinarily resident throughout the three year period preceding the first day of the course in the United Kingdom and Islands; and
c
in a case where his ordinary residence referred to in paragraph (b) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (b).
Refugees and persons with leave to enter or remain
4
A person who is —
a
a refugee ordinarily resident in the United Kingdom and Islands who has not ceased to be so resident since he was recognised as a refugee; or
b
the spouse, civil partner, child or step-child of a person mentioned in sub-paragraph (a).
5
A person —
a
who is either —
i
a person with leave to enter or remain; or
ii
the spouse, civil partner, child or step-child of a person with leave to enter or remain;
b
who has been ordinarily resident throughout the three year period preceding the first day of the course in the United Kingdom and Islands; and
c
whose residence in the United Kingdom and Islands has not during any part of the period referred to in sub-paragraph (b) been wholly or mainly for the purpose of receiving full-time education.
Workers, employed persons, self-employed persons and their family members
6
1
A person who —
a
is —
i
an EEA migrant worker or an EEA self-employed person;
ii
a Swiss employed person or a Swiss self-employed person;
iii
a family member of a person mentioned in paragraph (i) or (ii);
iv
an EEA frontier worker or an EEA frontier self-employed person;
v
a Swiss frontier employed person or a Swiss frontier self-employed person; or
vi
a family member of a person mentioned in paragraph (iv) or (v); and
b
has been ordinarily resident throughout the three-year period preceding the first day of the course in the territory comprising the European Economic Area and Switzerland.
7
A person who —
a
has been ordinarily resident throughout the three year period preceding the first day of the course in the territory comprising the European Economic Area and Switzerland; and
b
is entitled to support by virtue of article 12 of Council Regulation ( EEC ) No. 1612/68 on the freedom of movement of workers, as extended by the EEA Agreement.
Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere
8
1
A person who —
a
is settled in the United Kingdom;
b
left the United Kingdom and exercised a right of residence after having been settled in the United Kingdom;
c
has been ordinarily resident throughout the three year period preceding the first day of the course in the territory comprising the European Economic Area and Switzerland; and
d
in a case where his ordinary residence referred to in paragraph (c) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).
2
For the purposes of this paragraph, a person has exercised a right of residence if he is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Switzerland Agreement) or a person who has the right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Switzerland Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and has a right of permanent residence, if he goes to the state within the territory comprising the European Economic Area and Switzerland of which he is a national or of which the person in relation to whom he is a family member is a national.
EC nationals
9
A person who —
a
is an EC national other than a United Kingdom national;
b
has been ordinarily resident throughout the three year period preceding the first day of the course in the United Kingdom and Islands; and
c
in a case where his ordinary residence referred to in paragraph (b) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (b).
Children of Swiss nationals
10
A person who —
a
is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of article 3(6) of Annex 1 to the Switzerland Agreement;
b
has been ordinarily resident throughout the three year period preceding the first day of the course in the territory comprising the European Economic Area and Switzerland; and
c
in a case where his ordinary residence referred to in paragraph (b) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (b).
.
13
1
Schedule 2 is amended as follows.
2
In paragraph 1 —
a
before the definition of “APR”, insert —
“2005 loan” has the meaning given by regulation 3(1) of the Education (Student Loans) Regulations 1998;
.
b
for the definition of ““old loan and “new academic year”“, substitute —
“old loan”, “new academic year” and “2006 academic year” have the meaning given by regulation 3(1) of the Education (Student Loans) Regulations 1998;
.
3
In paragraph 4 for “paragraph 4A”, substitute “paragraphs 4A and 4B”.
4
After paragraph 4A, insert —
4B
If the loan which is the subject of the loan agreement is a 2005 loan and the borrower had completed the course in respect of which he applied for that loan before he entered into the loan agreement, the borrower must make the first repayment in April 2008 unless —
a
the borrower defers repayment under paragraph 9;
b
the lender cancels the borrower’s loan under paragraph 12; or
c
paragraph 13 or 13B applies.
.
5
After paragraph 13A, insert —
13B
If when the borrower takes out a 2005 loan, he has already entered into an agreement for a loan in relation to a further course of study for the 2006 academic year, the lender will not ask him to make any or any more repayments under the loan agreement for the 2005 loan until he begins to repay the loan taken out in relation to the further course of study. The number of repayments for the 2005 loan will then be the same as for the loan taken out in relation to the further course of study.
.
Bill Rammell
Minister of State
Department for Education and Skills
27th March 2006


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2006.
2
They shall come into force on 29th November 2006 but shall have effect from 1st October 2006 and extend to England and Wales .
Interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Employment Rights Act 1996 ;
“the 2000 Regulations ” means the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000
“employing authority”, in relation to a person, means —
a body listed in Schedule 2 (Scheme employers) to the Pension Regulations by whom he is employed immediately before the termination date;
a body listed in regulation 4(6) (resolution bodies) of those Regulations —
by whom he is employed immediately before the termination date; and
which has passed a relevant resolution, within the meaning of regulation 4(5) of those Regulations, which covers him; or
in the case of a person who is eligible to be a Scheme member under regulation 127(1)(a) or (aa) of the Pension Regulations , the local education authority by whom he is deemed to be employed under regulation 128 of the Pension Regulations.
“employment” includes office but does not include a period as —
the Mayor of London,
a member of the London Assembly, or
a councillor member;
“Pension Regulations” means the Local Government Pension Scheme Regulations 1997 ;
“Scheme member” means a member of the Local Government Pension Scheme constituted by the Pension Regulations;
“termination date” in relation to a person means the final day of his employment.
2
Expressions not defined in paragraph (1) but used in these Regulations and in the Pension Regulations have the same meaning as in those Regulations.
Application to the Isles of Scilly
3
These Regulations apply to the Isles of Scilly as if they were a district in the county of Cornwall and the Council of the Isles of Scilly were a council of that district.
Application of the Regulations
4
1
Subject to regulation 11(2), these Regulations apply in relation to a person —
a
whose employment is terminated —
i
by reason of redundancy,
ii
in the interests of the efficient exercise of the employing authority’s functions, or
iii
in the case of a joint appointment, because the other holder of the appointment has left it;
b
who, on the termination date, is —
i
employed by an employing authority, and
ii
eligible to be a Scheme member (whether or not he is such a member) or would be so eligible but for the giving of a notification under regulation 8 of the Pension Regulations; and
c
whose termination date is on or after 1st October 2006,
and in the following provisions of these Regulations, “person” shall be construed accordingly, unless the context indicates that it has a different meaning.
2
Where an additional requirement is specified in any provision of regulations 5 and 6 in relation to a person, that provision does not apply in relation to him unless he satisfies that additional requirement.
Power to increase statutory redundancy payments
5
1
Compensation may be paid in accordance with this regulation to a person who is entitled to a redundancy payment under the 1996 Act on the termination of his employment.
2
The amount which may be paid must not be more than the difference between —
a
the redundancy payment to which he is entitled under Part 11 of the 1996 Act; and
b
the payment to which he would have been entitled if there had been no limit on the amount of a week’s pay used in the calculation of his redundancy payment.
3
The power to pay compensation is exercisable by the employing authority.
Discretionary compensation
6
1
This regulation applies where a person —
a
ceases to hold his employment with an employing authority, and
b
in respect of that cessation may not count an additional period of membership under regulation 52 (power of employing authority to increase total membership of members) of the Pension Regulations .
2
Where this regulation applies, the employing authority may, not later than six months after the termination date, decide to pay compensation under this regulation and in that event shall, as soon as reasonably practicable after the decision, notify the person in whose favour it has been made, giving details of the amount of the compensation.
3
The amount of compensation must not exceed 104 weeks’ pay.
4
Chapter 2 (a week’s pay) of Part 14 (Interpretation) of the 1996 Act shall apply for the purpose of calculating a person’s week’s pay as it applies for the purpose of calculating redundancy payments but —
a
with the substitution for references to the calculation date of references to the termination date; and
b
without the limit on a week’s pay imposed by section 227 of that Act.
5
If the person in whose favour a decision under paragraph (2) has been made receives a redundancy payment under Part 11 of the 1996 Act or compensation under regulation 5 of these Regulations, the equivalent amount shall be deducted from the compensation otherwise payable to him under this regulation.
6
Compensation under this regulation shall be paid by the employing authority as soon as practicable after the decision under paragraph (2).
7
The compensation shall be payable in the form of a lump sum.
Policy Statements
7
1
Each employing authority must formulate, publish and keep under review the policy that they apply in the exercise of their discretionary powers under regulations 5 and 6.
2
If the authority decide to change their policy, they must publish a statement of the amended policy and may not give effect to any policy change until one month after the date of publication.
3
In formulating and reviewing their policy the authority must —
a
have regard to the extent to which the exercise of their discretionary powers (in accordance with the policy), unless properly limited, could lead to a serious loss of confidence in the public service; and
b
be satisfied that the policy is workable, affordable and reasonable having regard to the foreseeable costs.
Payments and repayments
8
1
Any compensation payable under these Regulations is payable to or in trust for the person entitled to receive it.
2
Where any compensation is paid in error to any person —
a
the employing authority must, as soon as possible after the discovery of the error —
i
inform the person concerned, by notice in writing, giving details of the relevant calculation,
ii
where there has been an underpayment, make a further payment,
iii
where there has been an overpayment, specify a reasonable period for repayment;
b
a person who has received a notice under sub-paragraph (a) must repay any overpayment within the specified period; and
c
the employing authority may take such steps as they consider appropriate to recover from the person to whom it was paid any overpayment which has not been repaid within the specified period.
3
The employing authority shall take into account the person’s circumstances (so far as known or reasonably ascertainable) before taking steps under paragraph (2) (c).
Finance
9
The cost of any payment to be made under these Regulations must not be met out of any pension fund maintained under the Pension Regulations.
Consequential amendments
10
Schedule 1 shall have effect for the purpose of making amendments which are consequential on the making of these Regulations.
Revocation of Regulations, transitional provisions and savings
11
1
The following are revoked but subject to the transitional provision in paragraph (2) and the savings in Schedule 2 —
a
the 2000 Regulations,
b
regulation 598 of the Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 ,
c
the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) (Miscellaneous) Regulations 2002 ,
d
regulation 9(2) of the Local Government Pension Scheme and Discretionary Compensation (Local Authority Members in England) Regulations 2003 , and
e
regulation 5 of the Local Government Pension Scheme (Civil Partnership) (Amendment) (England and Wales) Regulations 2005
2
An employing authority may decide to pay compensation under the 2000 Regulations to a person whose employment with them commenced before 1st October 2006 and whose termination date is after 30th September 2006 and before 1st April 2007.
3
An employing authority may decide to pay compensation under regulation 6 of these Regulations to a person —
a
whose employment with them terminated after 30th September 2006 and before the date on which these Regulations come into force, and
b
in respect of whom a decision to pay lump sum compensation has been made and notified under Part 3 of the 2000 Regulations before the date on which these Regulations come into force (“the 2000 lump sum ”).
4
The amount that an employing authority may decide to pay under paragraph (3) may not exceed the difference between —
a
104 weeks’ pay, and
b
the 2000 lump sum
but if the person in whose favour a decision under paragraph (3) has been made receives a redundancy payment under Part 11 of the 1996 Act or compensation under regulation 5 of the 2000 Regulations or regulation 5 of these Regulations, the equivalent amount shall be deducted from the compensation otherwise payable to him under paragraph (3) if no such adjustment has already been made.
5
Nothing in these Regulations shall place any individual who is eligible to participate in the benefits for which the 2000 Regulations provide in a worse position than he would have been in if all the provisions of these Regulations had been framed so as to have effect only from the date of their making.
Signed by authority of the Secretary of State
Phil Woolas
Minister of State
Department for Communities and Local Government
6th November 2006


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 3) Regulations 2006 and shall come into force on 6th April 2006.
Amendment of the Social Security (Contributions) Regulations 2001
2
1
Amend the Social Security (Contributions) Regulations 2001 as follows.
2
In paragraph 7(3) of Part 5 of Schedule 3 (non-cash vouchers disregarded in the computation of earnings: qualifying childcare vouchers), in the definition of E for “£50” substitute “£55”.
Tom Watson
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd March 2006
The Secretary of State concurs.
Signed by authority of the Secretary of State.
Stephen C Timms
Minister of State,
Department for Work and Pensions
22nd March 2006
The Department for Social Development concurs.
Sealed with the Official Seal of the Department for Social Development on 22nd March 2006
John O'Neill
A senior officer of the
Department for Social Development


text:
Citation and commencement
1
This Order, which may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area)(County Borough of Conwy) Order 2006, comes into force on the 1 September 2006.
Interpretation
2
In this Order:
“the 1984 Act ” (“ Deddf 1984 ”) means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” (“ Deddf 1991 ”) means the Road Traffic Act 1991; and
“the parking area” (“ yr ardal barcio ”) means the area designated as a permitted parking area and special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the county borough of Conwy except the entire length of the A55, including its on and off slip roads, within the county borough.
Designation of permitted parking area and special parking area
4
The National Assembly hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act apply in relation to the parking area and as so applied have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of the 1984 Act
6
The 1984 Act is modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 .
D. Elis-Thomas
The Presiding Officer of the National Assembly
4 July 2006


text:
Citation and commencement
1
These Regulations may be cited as the Central Rating List (Amendment) (England) Regulations 2006 and shall come into force on 1st April 2006.
Amendment of the Central Rating List (England) Regulations 2005
2
The Central Rating List (England) Regulations 2005 are amended in regulation 8(3) by substituting “2008” for “2006”.
Signed by authority of the First Secretary of State
Phil Woolas
Minister of State
Office of the Deputy Prime Minister
27th February 2006