text:
PART 1 INTRODUCTORY PROVISIONS
Citation and commencement
1
This Order may be cited as the Renewable Transport Fuel Obligations Order 2007 and comes into force on the day after the day on which it is made.
Interpretation
2
1
In this Order —
“the 1979 Act ” means the Hydrocarbon Oil Duties Act 1979 ;
“the 2004 Act ” means the Energy Act 2004;
“account holder” has the meaning given in article 7(8);
“buy-out fund” has the meaning given in article 22(2)(d);
“Chief Executive” means the person appointed as such pursuant to paragraph 1 of the Schedule;
“connected person” means, in relation to a transport fuel supplier, a person connected to the supplier within the meaning of section 839 of the Income and Corporation Taxes Act 1988 ;
“non-obligated supplier” means a transport fuel supplier other than one upon whom a renewable transport fuel obligation is imposed under article 4;
“obligation period” has the meaning given in article 4(3)(a);
“obligated supplier” means a transport fuel supplier upon whom a renewable transport fuel obligation is imposed under article 4;
“road vehicle” means a vehicle constructed or adapted for use on roads, but does not include any vehicle which is an excepted vehicle within the meaning given by the 1979 Act ;
“RTF account” means an account which is established pursuant to article 7; and
“working day” means any day other than —
Saturday or Sunday,
Christmas Day or Good Friday, or
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
2
For the purposes of this Order and of section 132(4) of the 2004 Act, “biomass” means the biodegradable portion of —
a
products, wastes and residues from agriculture, forestry and related activities, or
b
industrial and municipal waste.
Definitions of fuels and fuel products
3
1
The following paragraphs of this article define the various descriptions of fuels and fuel products referred to in this Order.
2
“Bioblend”, “biodiesel”, “bioethanol” and “bioethanol blend” have the same meaning as in the 1979 Act .
3
“Fossil fuel” means coal, substances produced directly or indirectly from coal, lignite, natural gas, crude liquid petroleum, or petroleum products.
4
“Heavy oil” has the same meaning as in the 1979 Act .
5
“Hydrocarbon oil” has the same meaning as in the 1979 Act .
6
“Natural road fuel gas” has the same meaning as in the 1979 Act .
7
“Natural gas” means any gas derived from natural strata.
8
“Petroleum products” means the following substances produced directly or indirectly from crude, that is to say, fuels, lubricants, bitumen, wax, industrial spirits and any wide-range substance (meaning a substance whose final boiling point at normal atmospheric pressure is more than 50°C higher than its initial boiling point).
9
“Rebated” has the same meaning as in the 1979 Act .
10
“Relevant hydrocarbon oil” means hydrocarbon oil which is —
a
fossil fuel,
b
chargeable to the duty of excise on hydrocarbon oil under section 6 of the 1979 Act , and
c
for use as fuel in road vehicles (whether or not it may also be used in other vehicles).
11
“Road transport fuel” means transport fuel which is for use as fuel in road vehicles (whether or not it may also be used in other vehicles).
12
For the purposes of this Order and of the definition of “renewable transport fuel” in section 132(1) of the 2004 Act, biodiesel and natural road fuel gas are designated as renewable transport fuel.
PART 2 RENEWABLE TRANSPORT FUEL OBLIGATIONS
The renewable transport fuel obligation
4
1
A renewable transport fuel obligation is imposed on every transport fuel supplier who in a specified period —
a
owns relevant hydrocarbon oil at the time when the requirement to pay the duty of excise with which the oil is chargeable takes effect, and
b
supplies that oil at or for delivery to places in the United Kingdom.
2
But this obligation does not apply to a transport fuel supplier who, in a specified period, supplies less than 450,000 litres in total of the oil (a “non-obligated supplier”).
3
For the purposes of section 124(2) of the 2004 Act and this Order —
a
a “specified period” means a period beginning on 15th April in a year and ending on 14th April in the following year, and this period is referred to in this Order as an “obligation period”;
b
the “specified date” means 5th October (or the next working day after 5th October, if 5th October is not a working day) following the end of the obligation period in question; and
c
the evidence which is required is one or more RTF certificates issued by the Administrator in accordance with this Order.
4
For the purposes of section 124(2) of the 2004 Act and this Order, “the specified amount” of renewable transport fuel is determined as follows —
a
calculate the volume of relevant hydrocarbon oil which the supplier has supplied at or for delivery to places in the United Kingdom during the obligation period in question;
b
in any case where the supplier has supplied less than 10 million litres in total of relevant hydrocarbon oil, deduct the first 450,000 litres of such oil; and
c
in relation to the volume of such oil calculated in accordance with sub-paragraphs (a) and (b) —
i
for the obligation period beginning on 15th April 2008, the specified amount is an amount equal to 2.5641% of that volume;
ii
for the obligation period beginning on 15th April 2009, the specified amount is an amount equal to 3.8961% of that volume; and
iii
for each subsequent obligation period, the specified amount is an amount equal to 5.2632% of that volume.
Determinations of amounts of transport fuel
5
1
Where, in relation to an amount of transport fuel, it is shown that a person owns the fuel at the time when the requirement to pay the duty of excise with which the fuel is chargeable takes effect, it is to be presumed, unless the contrary is shown, that that amount of fuel is supplied by that person at or for delivery to places in the United Kingdom at that time.
2
An amount of renewable transport fuel only counts towards the discharging of a person’s renewable transport fuel obligation for an obligation period if —
a
it is for use as fuel in road vehicles (whether or not it may also be used in other vehicles),
b
it is of one of the descriptions set out in paragraph (3), and
c
the condition set out in paragraph (4) is satisfied.
3
The descriptions are —
a
biodiesel in relation to which a duty of excise is chargeable under the 1979 Act ;
b
the biodiesel component in bioblend, where a duty of excise is chargeable in relation to that bioblend under the 1979 Act ;
c
the biodiesel component in a mixture which is produced by mixing —
i
fully or partially rebated heavy oil, with
ii
biodiesel or a substance containing biodiesel,
where a duty of excise is chargeable in relation to that mixture under the 1979 Act ;
d
bioethanol in relation to which a duty of excise is chargeable under the 1979 Act ;
e
the bioethanol component of bioethanol blend, where a duty of excise is chargeable in relation to that bioethanol blend under the 1979 Act ; or
f
natural road fuel gas —
i
in relation to which a duty of excise is chargeable under the 1979 Act ; and
ii
which is produced wholly from biomass.
4
The condition is that the person who applies for the fuel to count is the person who owns the fuel at the time when the requirement to pay the duty of excise with which the fuel is chargeable takes effect.
5
For the purposes of calculating the specified amount under article 4(4), one kilogram of the renewable transport fuel referred to in paragraph (3)(f) must be treated as equivalent to one litre of a renewable transport fuel referred to in paragraph (3)(a) to (e).
6
The amount of the biodiesel component referred to in paragraph (3)(b) or (c), and of the bioethanol component referred to in paragraph (3)(e), must each be measured by its volume.
PART 3 THE ADMINISTRATOR
The Administrator
6
1
The Office of the Renewable Fuels Agency is established as a body corporate and is appointed as the Administrator pursuant to section 125 of the 2004 Act.
2
The Schedule (which makes provision about the Administrator) has effect.
Establishment of RTF Accounts
7
1
The Administrator must establish and maintain an account, in which the balance of RTF certificates held and other matters are to be recorded, for each person who —
a
is, or is likely to become, subject to a renewable transport fuel obligation,
b
applies for an account, and
c
satisfies the Administrator that the person is a transport fuel supplier.
2
A person must apply for an account under paragraph (1) not later than the end of the period of 28 days beginning on the date on which the person becomes an obligated supplier.
3
The Administrator may establish and maintain an account for each of the following who applies for an account —
a
any transport fuel supplier who is not, and is not likely to become, subject to a renewable transport fuel obligation, and
b
any other person who intends to trade or invest in RTF certificates.
4
The Administrator may not establish an account for a supplier or other person referred to in paragraph (3) unless the Administrator is satisfied that the supplier or other person —
a
has good reason to hold an account, and
b
has consented to allowing the Administrator such access to premises (other than a dwelling), computers, records, or documents, as the Administrator may require in order to verify information given by the supplier or other person.
5
A supplier or other person who applies for an account under this article must provide such information or produce such evidence (or both) to the Administrator as the latter may reasonably request in order to satisfy the Administrator that —
a
in the case of an application under paragraph (1), the person is a transport fuel supplier, or
b
in the case of an application under paragraph (3), the supplier or other person has good reason to hold an account and has consented to access as referred to in paragraph (4)(b).
6
A supplier or other person who applies for an account under this article must ensure that the information provided or evidence produced is accurate to the best of the supplier’s or other person’s knowledge and belief.
7
The Administrator may reject any application under this article if the Administrator reasonably believes that —
a
the information provided to the Administrator under this article is inaccurate or incomplete, or
b
in the case of an application under paragraph (3), the supplier or other person does not have good reason to hold an account or has not consented to access as referred to in paragraph (4)(b).
8
An “account holder” is a supplier or other person for whom the Administrator establishes an account pursuant to this article.
9
The accounts referred to in this article must be established and maintained in electronic form or in such other form as the Administrator determines is appropriate (or in both forms).
Power of the Administrator to require further information or evidence
8
1
Where the Administrator has reason to believe that an account holder for whom an account has been established pursuant to paragraph (1) of article 7 —
a
is not subject, and is not likely to become subject, to a renewable transport fuel obligation, or
b
does not have good reason to hold an account,
the Administrator may require the account holder to provide such information or produce such evidence (or both) to the Administrator as may be necessary for the Administrator to become satisfied as to whether the account holder is subject, or is likely to become subject, to the renewable transport fuel obligation, or has good reason to hold an account, as the case may be.
2
Where the Administrator has reason to believe that an account holder for whom an account has been established pursuant to paragraph (3) of article 7 does not have good reason to hold an account, the Administrator may require the account holder to provide such information or produce such evidence (or both) to the Administrator as may be necessary for the Administrator to become satisfied that the account holder does have good reason to hold an account.
3
An account holder must —
a
provide the information or produce the evidence required under this article, and
b
ensure that the information provided or evidence produced is accurate to the best of the account holder’s knowledge or belief.
Closures of accounts
9
1
This article applies in the case of an account holder who is a supplier or other person referred to in paragraph (3) of article 7.
2
The Administrator must close the account of such an account holder where —
a
the Administrator —
i
is no longer satisfied that the account holder meets the criterion set out in paragraph (4)(a) of that article, or
ii
is satisfied that the account holder has withdrawn the consent which was given under paragraph (4)(b) of that article; and
b
any certificates standing to the credit of the account have been revoked or otherwise may no longer be produced as evidence pursuant to section 124(2) of the 2004 Act.
3
The Administrator may close the account of such an account holder where, in the immediately preceding period of 36 months —
a
no RTF certificate has been issued to the account holder, or
b
no RTF certificate has been credited to the account of the account holder.
Managing accounts
10
Subject to the provisions in this Part, the Administrator may manage accounts, including amending details of accounts, and consolidating the accounts of account holders, as the Administrator thinks fit.
Processing of information and evidence
11
1
The Administrator must —
a
record and retain information submitted for the purpose of —
i
establishing that a transport fuel supplier is, or reasonably expects to be, subject to a renewable transport fuel obligation, or
ii
calculating the amount of renewable transport fuel for which a transport fuel supplier is required to produce evidence under article 4(3)(c),
b
record and retain information which is submitted by an account holder in support of an application for an RTF certificate,
c
record each RTF certificate which is issued, and
d
correct any error which is discovered in information stored by the Administrator in relation to an account.
2
The period for which the Administrator must retain any information pursuant to paragraph (1) is such period as the Administrator considers is reasonable, but it must not be a period of less than ten years beginning on the date of receipt of the information.
3
The Administrator may record and retain, for purposes connected with the carrying out of the Administrator’s functions, such other information as the Administrator thinks fit.
Duty to require information from obligated suppliers
12
1
The Administrator must impose a requirement on an obligated supplier to provide the Administrator with information as to —
a
whether the supplier has supplied any relevant hydrocarbon oil at or for delivery to places in the United Kingdom during each relevant period,
b
whether the supplier has supplied any renewable transport fuel at or for delivery to places in the United Kingdom during each relevant period,
c
the amount of any relevant hydrocarbon oil which has been —
i
supplied by the supplier at or for delivery to places in the United Kingdom during each relevant period, or
ii
received by the supplier from another transport fuel supplier at places in the United Kingdom during each relevant period; and
d
the amount of any relevant renewable transport fuel which is —
i
for use as fuel in road vehicles (whether or not it may also be used in other vehicles), and
ii
of one of the descriptions set out in article 5(3).
2
In paragraph (1) —
a
a “relevant period” means a period beginning on the 15th day of each month and ending on the 14th day of the following month during an obligation period, and
b
“relevant renewable transport fuel” means renewable transport fuel which is —
i
owned by the supplier at the time when the requirement to pay the duty of excise with which the fuel is chargeable takes effect, and supplied by the supplier at or for delivery to places in the United Kingdom during each relevant period, or
ii
received by the supplier from another transport fuel supplier at places in the United Kingdom during each relevant period.
3
The Administrator must impose requirements as to —
a
the form in which the information must be provided,
b
the methodology to be used in calculating and providing the information, and
c
the period within which it must be provided.
4
The supplier must provide the information required under this article and ensure that it is —
a
accurate to the best of the supplier’s knowledge and belief, and
b
provided in such form, and using such methodology, and within such period, as the Administrator requires.
5
The Administrator may require a transport fuel supplier to produce such evidence as the Administrator may determine is necessary in order to substantiate information which the supplier has provided to the Administrator under this article.
6
A transport fuel supplier must —
a
produce such evidence where so required, and
b
ensure that that evidence is accurate to the best of the supplier’s knowledge and belief.
Power to require information
13
1
The Administrator may impose a requirement on a transport fuel supplier to provide the Administrator with such information as the Administrator may require for purposes connected with the carrying out of the Administrator’s functions.
2
The Administrator may impose requirements as to —
a
the form in which the information must be provided,
b
the methodology to be used in calculating and providing the information, and
c
the period within which it must be provided.
3
Without prejudice to the generality of paragraph (1), the Administrator may require a non-obligated transport fuel supplier to provide the Administrator with the information, in relation to that supplier, which is referred to in paragraph (1)(a) to (d) of article 12; and references in that paragraph to the “relevant period” are to be treated as references to such period during an obligation period as the Administrator notifies to the supplier for the purposes of this paragraph.
4
Without prejudice to the generality of paragraph (1), the Administrator may require a transport fuel supplier (whether obligated or non-obligated) to provide the Administrator with information as to the effects on —
a
carbon emissions,
b
agriculture,
c
other economic activities,
d
sustainable development, or
e
the environment generally,
which are or may be associated with the production, supply or use of the renewable transport fuel which has been supplied by the supplier at or for delivery to places in the United Kingdom, and to provide that information in relation to such period during an obligation period as the Administrator notifies to the supplier for the purposes of this paragraph.
5
Where the Administrator imposes a requirement under this article on a transport fuel supplier to provide information, the supplier must provide that information and ensure that it is —
a
accurate to the best of the supplier’s knowledge and belief, and
b
provided —
i
in such form,
ii
using such methodology,
iii
within such period, and
iv
in relation to such period,
as the Administrator requires.
6
The Administrator may require a transport fuel supplier to produce such evidence as the Administrator may determine is necessary in order to substantiate information which the supplier has provided to the Administrator under this article.
7
A transport fuel supplier must —
a
produce such evidence where so required, and
b
ensure that that evidence is accurate to the best of the supplier’s knowledge and belief.
Duty to report to Parliament
14
1
The Administrator must —
a
by 31st January 2010 publish an annual report in relation to the obligation period ending on 14th April 2009, and
b
by 31st January in each subsequent year publish an annual report in relation to the obligation period ending on the previous 14th April.
2
Before publishing an annual report under paragraph (1), the Administrator must send a copy of the report to the Secretary of State.
3
As soon as reasonably practicable after the Secretary of State has received the annual report from the Administrator and the report has been published, the Secretary of State must lay a copy of the report before each House of Parliament.
4
The report is to include details of —
a
the compliance by each obligated supplier with its renewable transport fuel obligation during the obligation period in question, including the extent to which that obligation has been met by the production of RTF certificates or by payments made under article 21;
b
the effects on —
i
carbon emissions,
ii
agriculture,
iii
other economic activities,
iv
sustainable development, and
v
the environment generally,
which the Administrator considers, following analysis of information received under this Order from renewable transport fuel suppliers, to be associated with the production, supply or use of the renewable transport fuel which has been supplied at or for delivery to places in the United Kingdom during the obligation period;
c
the percentage of such fuel which was of a description specified by the Secretary of State;
d
the effectiveness of the Administrator in carrying out the Administrator’s duties, including the accuracy of the Administrator’s activities under article 11, and the number of RTF certificates issued erroneously;
e
the effectiveness of advice given by the Administrator to transport fuel suppliers, and the time taken to provide such advice;
f
the effectiveness of the enforcement activities of the Administrator;
g
the value for money of the Administrator;
h
any calculations, analysis or other matter which is notified by the Secretary of State to the Administrator and is relevant to purposes connected with the implementation of provision made by or under Chapter 5 of Part 2 of the 2004 Act, and
i
any calculations, analysis or other matter which the Administrator considers is appropriate and which is relevant to purposes connected with the implementation of provision made by or under Chapter 5 of Part 2 of the 2004 Act.
5
In preparing its annual report the Administrator must exclude from the report, so far as reasonably practicable —
a
information as to the amount of relevant hydrocarbon oil or renewable transport fuel which has been notified by a particular supplier to the Administrator under article 12(1)(c) or (d), 13(1) or (3), or 16(3)(c), and
b
any other information from which that amount may be deduced.
6
The details of the effects referred to in paragraph (4)(b) are to be reported in relation to such fuel as supplied by individual renewable transport fuel suppliers and in relation to such fuel as supplied by renewable transport fuel suppliers generally.
Other powers and duties conferred and imposed on the Administrator
15
1
In addition to the duties imposed upon the Administrator elsewhere in this Order, the Administrator has the following duties —
a
to report to the Secretary of State as requested on the amount of —
i
renewable transport fuel, or
ii
renewable transport fuel of a description specified by the Secretary of State,
which, following analysis of information received from renewable transport fuel suppliers under article 12, 13 or 16, has been supplied at or for delivery to places in the United Kingdom during a period specified by the Secretary of State;
b
to report to the Secretary of State as requested on the effects on —
i
carbon emissions,
ii
agriculture,
iii
other economic activities,
iv
sustainable development, or
v
the environment generally,
which the Administrator considers, following analysis of information received under this Order from a renewable transport fuel supplier or from renewable transport fuel suppliers generally, to be associated, actually or on average, with the production, supply or use of the renewable transport fuel which has been supplied at or for delivery to places in the United Kingdom during a period specified by the Secretary of State;
c
to report to the Secretary of State as requested on —
i
the percentage of such fuel which is of a description specified by the Secretary of State;
ii
the accuracy of, and amount of detail in, the information which is provided to the Administrator under article 13(4) or article 16(3)(d);
d
to carry out such calculations or analysis as may be required for the purposes of providing a report referred to in sub-paragraphs (a) to (c) or for other purposes connected with the implementation of provision made by or under Chapter 5 of Part 2 of the 2004 Act;
e
to publicise the renewable transport fuel obligation so as to secure that it is brought to the attention of all transport fuel suppliers who are or may be subject to the renewable transport fuel obligation;
f
where an RTF certificate is transferred between account holders, to record that fact in the relevant accounts;
g
to verify, so far as reasonably practicable, the information supplied pursuant to article 12(1), 13(1), (3) or (4) or 16(3) by each account holder who is a transport fuel supplier;
h
to process buy-out funds;
i
to calculate and disburse payments under article 22, and
j
to ensure, so far as reasonably practicable, that there is no obligated supplier who, having failed to produce the evidence required to discharge fully the renewable transport fuel obligation for an obligation period, is failing to pay the sum due under article 21.
2
In addition to the powers conferred upon the Administrator elsewhere in this Order, the Administrator has power —
a
to take reasonable steps to promote good working relationships with transport fuel suppliers and others having an interest in the implementation of provision made by or under Chapter 5 of Part 2 of the 2004 Act, and
b
to publish such reports (other than the annual report referred to in article 14) and guidance as the Administrator thinks fit for purposes connected with the implementation of provision made by or under that Chapter.
3
But the Administrator must exclude from any reports referred to in paragraph (1) or (2), so far as reasonably practicable —
a
information as to the amount of relevant hydrocarbon oil or renewable transport fuel which has been notified by a particular supplier to the Administrator under article 12(1)(c) or (d), 13(1) or (3), or 16(3)(c), and
b
any other information from which that amount may be deduced.
PART 4 RTF CERTIFICATES
Application for RTF certificates
16
1
The manner in which an application for an RTF certificate is to be made is —
a
in electronic form, through a website of the Administrator, or
b
in another manner, in a case where the Administrator determines that it is necessary to allow an application in that manner.
2
The evidence which must be included in the application is —
a
a declaration from a person nominated by the supplier which confirms that the information submitted in the application or referred to in paragraph (3)(b), (c) or (d) is accurate to the best of the person’s knowledge and belief; and
b
such other evidence as the Administrator may reasonably determine is necessary, and in such form as the Administrator may reasonably determine is appropriate, in order to substantiate the information provided by the supplier in relation to the renewable transport fuel.
3
For the purposes of section 127(3)(c) of the 2004 Act, the other conditions which must be satisfied for the issue of an RTF certificate are that —
a
the supplier has an RTF account;
b
in the case of an obligated supplier, the supplier has provided the Administrator with the information required by the Administrator pursuant to article 12(1);
c
in the case of a non-obligated supplier, the supplier has provided the Administrator with the information, in relation to that supplier, which is referred to in paragraph (1)(d) of article 12; and references in that paragraph to the “relevant period” are to such period during an obligation period as the Administrator notifies to the supplier for the purposes of article 13(3), or failing such notification, to such period during an obligation period as the Administrator notifies to the supplier for the purposes of this sub-paragraph;
d
the supplier (whether obligated or non-obligated) has provided the Administrator with the information referred to in article 13(4); and has provided that information in relation to such period during an obligation period as the Administrator notifies to the supplier for the purposes of article 13(4), or failing such notification, to such period during an obligation period as the Administrator notifies to the supplier for the purposes of this sub-paragraph;
e
the Administrator is satisfied that the information provided by the supplier under sub-paragraphs (b), (c) and (d) fulfils the criteria set out in paragraph (5),
f
any duty of excise payable on the renewable transport fuel has been paid, and
g
the supplier makes the application for the RTF certificate within such period as the Administrator may require.
4
The person who makes the declaration referred to in paragraph (2)(a) must ensure that the information submitted in the application is accurate to the best of the person’s knowledge and belief.
5
The criteria referred to in paragraph (3)(e) are that the information —
a
is accurate, and
b
has been provided —
i
in such form,
ii
using such methodology, and
iii
within such period,
as the Administrator notifies for the purposes of article 12(3) or 13(2), as the case may be, or failing such notification, as the Administrator notifies for the purposes of this paragraph.
Issue of RTF certificates
17
1
Where each of the requirements in article 16(1) to (3) has been met, the Administrator must issue an RTF certificate to a transport fuel supplier for each litre of renewable transport fuel which is —
a
for use as fuel in road vehicles (whether or not it may also be used in other vehicles),
b
of one of the descriptions set out in article 5(3),
c
owned by the supplier at the time when the requirement to pay the duty of excise with which the fuel is chargeable takes effect, and
d
supplied by the supplier at or for delivery to places in the United Kingdom during an obligation period.
2
An RTF certificate must be issued as soon as reasonably practicable after an application for it has been made in accordance with article 16.
3
For the purposes of section 127(2)(d) of the 2004 Act, “the other specified facts” are that the supplier has notified the Administrator of each of the matters listed in section 127(2)(a) to (c).
4
For the purposes of this Order, the Administrator issues an RTF certificate to a supplier by recording the credit of an RTF certificate in the RTF account of the supplier.
5
As soon as reasonably practicable after issuing an RTF certificate, the Administrator must notify the supplier of the issue of the certificate, and of the date and time of issue.
6
As soon as reasonably practicable after receiving a request for the information from an account holder, the Administrator must inform the account holder of the number of RTF certificates (if any) held to the credit of that account holder’s RTF account, and of the date and time of issue of those certificates.
Transfers of RTF certificates
18
1
A transfer of an RTF certificate may be made between any persons who are account holders.
2
Such a transfer is not effective unless —
a
the transferor notifies the Administrator of the following details of the transfer —
i
the name and account number of the account holder to whom the certificate is transferred,
ii
the date of the transfer (“the notified date”), and
iii
the obligation period in respect of which the certificate was issued;
b
the transferor so notifies the Administrator —
i
through a website of the Administrator, or
ii
in another manner, in a case where the Administrator determines that it is necessary to allow notification in that manner;
c
the transferor so notifies the Administrator —
i
on the date of the transfer, or
ii
before the date of the transfer, in which case the notification must be within the period of one month ending immediately before the date of the transfer;
d
the transfer relates to not more than one transferee;
e
the RTF certificate is held to the credit of the transferor’s account at the date and time of the transfer, and
f
the Administrator is satisfied that, at the date of the transfer, there is no reason to consider the revocation of the certificate under article 20.
3
Where —
a
a transfer relates to some (but not all) of the RTF certificates held by a transferor on the date of the transfer, and
b
the RTF certificates held by the transferor on that date were not all issued at the same date and time,
it is to be presumed, unless the contrary is shown, that the transfer relates to the certificates which were issued at the earlier dates and times.
4
In the event of there being an insufficient number of certificates held to the credit of a transferor’s account on the notified date to transfer certificates to two or more transferees, the Administrator must give priority to the transfer which was first notified to the Administrator.
5
For the purposes of this Order, the Administrator transfers an RTF certificate from one account holder (“the transferor”) to another account holder (“the transferee”) by recording a debit of an RTF certificate in the transferor’s RTF account and a credit of an RTF certificate in the RTF account of the transferee.
Use of an RTF certificate in a later obligation period
19
1
In the circumstances referred to in paragraph (2), the production of an RTF certificate by a supplier to the Administrator may count as evidence that the amount of renewable transport fuel stated in the certificate was supplied at or for delivery to places in the United Kingdom during an obligation period that is later than the obligation period stated in the certificate.
2
The circumstances are that the certificate is produced in relation to the obligation period (“the later period”) which immediately follows the obligation period stated in the certificate.
3
But an RTF certificate may not count in relation to more than 25% of any renewable transport fuel obligation imposed on that supplier for that later period.
Revocation of an RTF certificate
20
1
Subject to the following paragraphs, the Administrator may revoke an RTF certificate where the Administrator is satisfied that —
a
the declaration provided in relation to that certificate pursuant to article 16(2)(a) is false,
b
the certificate was issued as a consequence of any fraudulent behaviour, statement or undertaking on the part of the transport fuel supplier to whom it was issued or any connected person,
c
the information provided to the Administrator in relation to the certificate was materially inaccurate, or
d
the evidence provided in relation to the information was insufficient to substantiate it.
2
Before revoking an RTF certificate, the Administrator must give notice in writing to the transport fuel supplier to whom the certificate was issued and, where the certificate has been transferred to another person to whose credit the certificate is held (a “transferee”), to that other person.
3
The notice must state —
a
that the Administrator is proposing to revoke the RTF certificate,
b
the grounds for the proposed revocation,
c
that the supplier and any transferee may make representations in writing to the Administrator in relation to the proposed revocation, and
d
that any such representations must be made within such period as the Administrator specifies, not being a period of less than 14 days beginning on the date of receipt of the notice.
4
The Administrator —
a
must consider any representations which are made under paragraph (3) and are relevant to the proposed revocation,
b
must decide whether to revoke the RTF certificate, but
c
may not revoke the certificate —
i
within a period of 28 days beginning on the date of the notice, or
ii
later than the 28th August immediately following the obligation period during which the RTF certificate was issued.
5
Where the Administrator revokes an RTF certificate, the Administrator must, within a period of seven days beginning on the date of revocation, but in any event not later than the 29th August immediately following the obligation period during which the RTF certificate was issued —
a
give notice in writing of such revocation to the supplier to whom the certificate was issued, and to any transferee, and
b
state in that notice —
i
the grounds for the revocation,
ii
that the supplier or any transferee (or both) may apply to the Chief Executive by notice in writing to reconsider the revocation, and
iii
the requirements about that notice which are set out in paragraph (7).
6
Where the Administrator revokes an RTF certificate, the supplier to whom the certificate was issued or any transferee (or both) may apply to the Chief Executive by notice in writing to reconsider the revocation.
7
Such notice must —
a
be given to the Chief Executive within a period of 14 days beginning on the date of receipt of the notice of revocation, but in any event not later than the 12th September immediately following the obligation period during which the RTF certificate was issued,
b
set out the grounds for reconsidering the revocation, and
c
contain any representations which the supplier or transferee (as the case may be) wishes to make in relation to the reconsideration of the revocation.
8
The Chief Executive must —
a
consider any representations which the supplier or transferee has made under paragraph (7), and
b
reconsider the revocation not later than the 28th September immediately following the obligation period in which the RTF certificate was issued.
9
On reconsidering the revocation, the Chief Executive must —
a
re-instate the RTF certificate, or
b
confirm the revocation of the certificate on the grounds referred to in paragraph (5)(b)(i) or on other grounds.
10
Where the Chief Executive is unable to reconsider the revocation, or unable to do so by the date referred to in paragraph (8), another member of the body corporate appointed as the Administrator may reconsider it.
11
The Administrator must give notice in writing of the decision of the Chief Executive or other member and, in the case of a confirmation of a revocation of an RTF certificate, of the grounds for that revocation, to the supplier to whom the certificate was issued, and to any transferee.
12
Where —
a
neither the Chief Executive nor another member reconsiders the revocation by the date referred to in paragraph (8), or
b
an RTF certificate is revoked but is subsequently re-instated,
the certificate is deemed to have been re-instated as at the end of the obligation period to which the certificate relates.
13
The Administrator, Chief Executive or other member may hold an oral hearing before making a decision on a proposed revocation or on a reconsideration of a revocation (as the case may be).
14
A person who provides information or produces evidence to the Administrator, Chief Executive or other member in respect of a proposed revocation or a reconsideration of a revocation must ensure that that information or evidence is accurate to the best of the person’s knowledge or belief.
PART 5 DISCHARGE OF OBLIGATION
Payments
21
1
As soon as reasonably practicable after the end of an obligation period, the Administrator must notify each obligated supplier of the following —
a
the amount of renewable transport fuel which the Administrator calculates should, in accordance with section 124(2)(b) of the 2004 Act and article 4(4), have been supplied at or for delivery to places in the United Kingdom during that obligation period, and
b
the number of RTF certificates being held to the credit of the supplier’s RTF account which may be used as evidence for the purposes of meeting the supplier’s renewable transport fuel obligation.
2
A certificate may be produced as evidence by the supplier pursuant to this Order —
a
by means of an electronic submission transmitted to a website of the Administrator, which identifies the credit of a certificate in the supplier’s RTF account, or
b
by other means, in a case where the Administrator determines that it is necessary to allow production of an RTF certificate by those means.
3
A supplier must notify the Administrator of the number of RTF certificates held in the supplier’s RTF account which are to be counted towards the discharge of the supplier’s renewable transport fuel obligation for the obligation period in question, and which are to be debited accordingly from the RTF account.
4
That notification must be given to the Administrator by the specified date referred to in article 4(3)(b).
5
Where a supplier fails to notify the Administrator of the number of RTF certificates to be counted by the date mentioned in paragraph (4), the Administrator must deem the number to be nil.
6
A supplier who does not wholly discharge the renewable transport fuel obligation for an obligation period by the production of evidence in accordance with paragraph (2) by the specified date referred to in article 4(3)(b) must pay to the Administrator a sum determined in accordance with paragraph (7).
7
That sum is determined as follows.
Step 1
Calculate in litres the amount of renewable transport fuel for which the supplier was obligated to produce evidence during the obligation period in question, pursuant to section 124(2) of the 2004 Act and article 4 (“the obligated amount”).
Step 2
Calculate in litres the amount of renewable transport fuel which should have been supplied during the obligation period in question, and for which the supplier has produced RTF certificates as evidence in accordance with paragraph (2) (“the actual amount”).
Step 3
Calculate the number of litres by which the actual amount falls short of the obligated amount (“the shortfall amount”).
Step 4
Subtract the amount of money referred to in the section of the 1979 Act containing the rate of duty for bioethanol from the amount of money referred in the section of that Act containing the rate of duty for sulphur-free petrol , as those provisions have effect at the beginning of the obligation period. The amount given by this step is the “duty derogation amount”.
Step 5
In respect of the obligation period beginning on 15th April 2008 or 15th April 2009, subtract the duty derogation amount from £0.35. In respect of each subsequent obligation period, subtract the duty derogation amount from £0.30. The amount given by this step is the “buy-out price”.
Step 6
Multiply the shortfall amount by the buy-out price. The amount given by this step is the sum which the supplier is to pay to the Administrator under paragraph (6).
8
For the purposes of section 128(1), the period within which the sum must be paid to the Administrator (“the buy-out payment period”) is the period beginning on the 15th April immediately following the obligation period in question and ending on 5th November in the same year.
9
Where a supplier does not pay all or any part of the sum to the Administrator by the end of the buy-out payment period —
a
the sum outstanding is to increase at the rate specified in paragraph (10) and the increase is to be calculated in accordance with paragraph (11), and
b
the increased sum is a debt due from the supplier to the Administrator until it has been paid in full.
10
The rate for the purpose of paragraph (9)(a) is 5 percentage points above the base rate of the Bank of England as at the 6th November immediately following the buy-out payment period in question.
11
The increase is to be calculated on a daily basis beginning on the 6th November immediately following the buy-out payment period in question, and ending on the date on which payment is received by the Administrator.
Re-cycling of buy-out payments
22
1
For the purposes of section 128(7) of the 2004 Act, the “transport fuel suppliers of a specified description” are any transport fuel supplier —
a
who is an obligated supplier, or
b
for whom an account is maintained by the Administrator pursuant to article 7(3)(a),
and who held one or more RTF certificates in an RTF account at the end of the obligation period in respect of which the sums referred to in section 128(7) were received by the Administrator.
2
Subject to paragraph (5), the system of allocation of the sums referred to in section 128(6) is as follows —
a
each transport fuel supplier referred to in paragraph (1) must notify the Administrator of the number of RTF certificates held in the supplier’s RTF account which the supplier surrenders to the Administrator in relation to the obligation period in question;
b
those notifications must be given to the Administrator by the 5th November (or the next working day after 5th November, if 5th November is not a working day) immediately following the obligation period in question;
c
where a supplier fails to notify the Administrator by that date of the number of RTF certificates to be surrendered, the Administrator must deem the number to be nil;
d
the Administrator must calculate the total sums received by the Administrator pursuant to article 21(6) and (9) by the 5th December (or the next working day after 5th December, if 5th December is not a working day) (“the buy-out fund”);
e
the Administrator may also include in the buy-out fund any sum received by the Administrator pursuant to article 21(6) and (9) after the 5th December (or after the next working day after 5th December, if 5th December is not a working day) (“late sum received”);
f
the Administrator must allocate the buy-out fund in equal shares between each RTF certificate which is counted under article 21(3) or surrendered under sub-paragraph (a), and
g
the Administrator must make the payments, as soon as reasonably practicable after the date referred to in sub-paragraph (e), to the suppliers who held those RTF certificates at the end of the obligation period.
3
In the case of any late sum received which the Administrator does not include in the buy-out fund pursuant to paragraph (2)(e) in relation to the obligation period in question (“the principal obligation period”), the Administrator must —
a
allocate the sums in equal shares between each RTF certificate which is counted under article 21(3) or surrendered under paragraph (2)(a), and
b
when making payments in relation to a subsequent obligation period, make the payments to the suppliers who held those RTF certificates at the end of the principal obligation period.
4
For the purposes of paragraphs (2) and (3), a supplier “surrenders” an RTF certificate where the supplier —
a
does not need the certificate to count towards the discharge of the supplier’s renewable transport fuel obligation (if any) for the obligation period in question;
b
notifies the Administrator that the supplier renounces any further benefit from holding the certificate, and
c
claims a share of the buy-out fund for the obligation period in question,
and the RTF certificate is debited from the supplier’s RTF account accordingly.
5
In the circumstances set out in paragraph (6), the Administrator must make such provision as is fair and reasonable with regard to —
a
dealing with any sum paid by the supplier under article 21,
b
allocating shares and making payments under this article, and
c
any other matter requiring to be dealt with pending and following the final disposal of the court proceedings.
6
The circumstances referred to are where —
a
an RTF certificate held by a supplier is revoked,
b
by way of court proceedings the supplier challenges the decision to revoke, and
c
the court proceedings have not been finally disposed of by the 28th September immediately following the obligation period in question.
PART 6 IMPOSITION OF CIVIL PENALTIES
Civil penalties
23
1
The following provisions are designated for the purposes of section 129 of the 2004 Act: articles 7(2) and (6), 8(3), 12(4) and (6), 13(5) and (7), 16(4), 20(14) and 21(6).
2
A supplier is liable to a civil penalty if that supplier contravenes article 7(2) or 21(6).
3
A supplier or other person is liable to a civil penalty if at the time that supplier or other person provides the information or produces the evidence (as the case may be) referred to in article 7(6), 8(3), 12(4) or (6), 13(5) or (7), 16(4) or 20(14) —
a
that supplier or other person knows, or has reasonable cause to believe, that the information or evidence is inaccurate, or
b
that supplier or other person does not know, and does not have reasonable cause to believe, that that information or evidence is inaccurate, but the condition set out in paragraph (4) or (5) is subsequently satisfied.
4
In the case of article 7(6) or 8(3), the condition is that the supplier or other person has subsequently —
a
become aware that the information or evidence may be inaccurate but has not informed the Administrator of that fact within five working days of so becoming aware,
b
been informed by the Administrator that the information or evidence may be inaccurate but has not investigated and remedied the inaccuracy within such period as may reasonably be allowed by the Administrator, or
c
become aware (other than by being informed by the Administrator) that the information or evidence may be inaccurate but has not investigated and remedied the inaccuracy within such period as may reasonably be allowed by the Administrator.
5
In the case of article 12(4) or (6), 13(5) or (7), 16(4) or 20(14), the condition is that the supplier or other person has subsequently, but on or before the 28th September immediately following the obligation period in question —
a
become aware that the information or evidence may be inaccurate, but has not informed the Administrator of that fact within five working days of so becoming aware,
b
been informed by the Administrator that the information or evidence may be inaccurate, but has not investigated and remedied the inaccuracy within such period as may reasonably be allowed by the Administrator, or
c
become aware (other than by being informed by the Administrator) that the information or evidence may be inaccurate, but has not investigated and remedied the inaccuracy within such period as may reasonably be allowed by the Administrator.
6
For the purposes of section 129(2) of the 2004 Act, a civil penalty notice must be given by written notice to the defaulter.
7
For the purposes of section 129(3)(a), “the specified amount” is —
a
in the case of an account holder who has gained, or attempted to gain, one or more RTF certificates by contravening a provision referred to in paragraph (1), an amount equivalent to twice the value of the RTF certificates which the account holder has gained, or attempted to gain, and
b
in any other case, £50,000.
8
In paragraph (7)(a), the value of an RTF certificate is equivalent to the buy-out price, as calculated in accordance with article 21(7), for the obligation period in respect of which the RTF certificate is issued or would have been issued.
9
For the purposes of section 129(3)(b), the turnover of the specified business of the defaulter is the applicable turnover for the business year preceding the date of the civil penalty notice.
10
Where the business year preceding the date of the civil penalty notice does not equal 12 months, the turnover is the amount which bears the same proportion to the applicable turnover during that business year as 12 months does to the period of that business year.
11
Where there is no preceding business year, the turnover is the applicable turnover of the defaulter for the period of 12 months ending on the last day of the month preceding the month in which the date of the civil penalty notice falls.
12
Where in the application of paragraph (11) the defaulter has applicable turnover for a period of less than 12 months, the turnover is the amount which bears the same proportion to the applicable turnover during the period for which the defaulter has applicable turnover as 12 months does to that period.
13
In this article —
“applicable turnover” means the amounts, ascertained in conformity with normal accounting practice in the United Kingdom, which are —
derived by the defaulter from the supply of road transport fuel at or for delivery to places in the United Kingdom, and
computed on an accruals basis so that those amounts relating to the period for which the turnover is being determined are taken into account, without regard to the date of invoice or receipt of payment,
after deduction of trade discounts, value added tax and any other taxes based on such amounts;
“business year” means a period of more than six months in respect of which a defaulter publishes accounts or, if no such accounts have been published for the period, prepares accounts; and
“date of the civil penalty notice” means the date on which the Administrator gives notice under section 129(2) of the 2004 Act.
Objections to civil penalties
24
1
For the purposes of section 130(2)(b) of the 2004 Act, the manner in which the notice of objection must be given to the Administrator is —
a
by delivering it to the Administrator,
b
by leaving it at the address of the Administrator, or
c
by sending it by post to the Administrator at that address,
and “delivering” includes transmitting by means of an electronic communications network, or by other means but in a form that nevertheless requires the use of apparatus by the recipient to render it intelligible.
2
For the purposes of section 130(2)(b), the period within which the notice must be given is a period of 28 days beginning on the day immediately after the day on which the civil penalty notice is given.
3
For the purposes of section 130(5), the manner in which the notification of the outcome of the Administrator’s consideration must be given is —
a
by delivering it to the objector,
b
by leaving it at the objector’s proper address, or
c
by sending it by post to the objector at that address,
and “delivering” includes transmitting by means of an electronic communications network, or by other means but in a form that nevertheless requires the use of apparatus by the recipient to render it intelligible.
4
Section 193(3) to (7) of the 2004 Act applies in relation to the giving or sending of the notification to the objector under paragraph (3).
5
For the purposes of section 130(5), the period before the end of which the notification must be given is a period of 28 days beginning on the day immediately after the day on which the notice of objection is given to the Administrator.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
25th October 2007


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as The School Travel (Piloting of Schemes) (England) Regulations 2007 and come into force on 1st June 2007.
2
These Regulations apply only in relation to England.
Interpretation
2
In these Regulations —
“academic year” means a period beginning with 1 st August and ending with the next 31 st July;
“pilot period” means the period beginning on 1st September 2009 and ending on 1st August 2012;
“pilot scheme” means a school travel scheme made by a local education authority under section 508E of, and paragraph 1 of Schedule 35C to, the Education Act 1996 and approved by the Secretary of State under paragraph 10(1) of that Schedule, which is in force during the pilot period ;
“pilot scheme area” means the area of the local education authority in respect of which a pilot scheme is in force;
“the Schedule” means Schedule 35C to the Education Act 1996; and
“scheme authority” has the meaning given in paragraph 14 of the Schedule.
Applications to run pilot schemes
3
Every application to the Secretary of State for his approval of a school travel scheme made by a local education authority during the pilot period must be made in writing and must contain information in respect of each of the matters specified in the Schedule.
Annual Reports
4
A scheme authority must provide a report to the Secretary of State for each academic year during which a pilot scheme is in force for their area by 1st September following the academic year to which the report relates.
Limit on the number of pilot schemes
5
The Secretary of State must exercise his power of approval under paragraph 10(1) of the Schedule so as to ensure that there are no more than 20 pilot schemes in force during the pilot period.
Expiry of pilot schemes
6
1
Subject to paragraph (2), a pilot scheme will expire at the end of the pilot period, unless revoked by the scheme authority under paragraph 11(1) of the Schedule.
2
The Secretary of State and a scheme authority may agree, at any time prior to the expiry of the pilot period, that the pilot scheme may be extended until such date as the Secretary of State may specify.
Andrew Adonis
Parliamentary Under Secretary of State
Department for Education and Skills
27th April 2007


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Manchester) (Amendment) Order 2007 and shall come into force on 13th July 2007.
Amendment of the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Manchester) Order 1999
2
Part 1 of Schedule 1 to the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Manchester) Order 1999 is amended as set out in the Schedule to this Order.
Signed by authority of the Secretary of State
G Merron
Parliamentary Under Secretary of State
Department for Transport
14th June 2007


text:
Citation and interpretation
1
1
This Order may be cited as the Welfare Reform Act 2007 Commencement (No.3) Order 2007.
2
In this Order —
“ the Act ” means the Welfare Reform Act 2007;
“the 1992 Act ” means the Social Security Contributions and Benefits Act 1992 .
Commencement
2
1
1st October 2007 is the day appointed for the coming into force of the following provisions of the Act —
a
section 41(1) (social security information);
b
sections 52 and 53 (disability living allowance: age conditions);
c
sections 63 and 67, so far as relating to the paragraphs and entries referred to in paragraphs (d) and (e) below;
d
in Schedule 7 (minor and consequential amendments relating to Part 4), paragraph 2(2) (which amends section 73 of the 1992 Act);
e
in Schedule 8 (repeals), the entries relating to sections 72(6) and 73(5) of the 1992 Act (which entries contain repeals connected with section 52 and 53 of the Act).
2
The day appointed for the coming into force of section 60 of the Act is —
a
1st October 2007 for the purpose only of exercising any power to make regulations;
b
29th October 2007 for all other purposes.
Signed by authority of the Secretary of State for Work and Pensions
Anne McGuire
Parliamentary Under Secretary of State
Department for Work and Pensions
24th September 2007


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments) Regulations 2007 and shall come into force on 6th April 2007.
Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
2
The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 are amended as follows.
3
In regulation 2(1) (interpretation), for sub-paragraph (b) in the definition of “employment zone” substitute —
b
listed in the Schedule to the Employment Zones (Allocation to Contractors) Pilot Regulations 2006
.
4
In regulation 4(2) (circumstances in which a person shall not be regarded as engaged in qualifying remunerative work), after sub-paragraph (f) insert —
g
a person who —
i
is serving a custodial sentence or has been remanded in custody awaiting trial or sentence, and
ii
is engaged in work (whether inside or outside a prison) while he is serving the sentence or remanded in custody.
.
5
1
Regulation 5(1) (time off in connection with childbirth and adoption) is amended as follows.
2
After sub-paragraph (c) (ordinary maternity leave) insert —
ca
is absent from work during the first 13 weeks of an additional maternity leave period under section 73 of the Employment Rights Act 1996 or article 105 of the Employment Rights (Northern Ireland) Order 1996 ,
.
3
In sub-paragraph (f) omit “or”.
4
At the end of sub-paragraph (g) (ordinary adoption leave) insert —
, or
ga
is absent from work during the first 13 weeks of an additional adoption leave period under section 75B of the Employment Rights Act 1996 or article 107B of the Employment Rights (Northern Ireland) Order 1996
.
6
1
Regulation 14 (relevant childcare charges for the purposes of working tax credit) is amended as follows.
2
In paragraph (1A) after sub-paragraph (c) insert —
d
a provider mentioned in regulation 14(2)(f)(ii), in circumstances where the care is excluded from being qualifying child care by Article 5(3)(d) of the Tax Credits (Approval of Child Care Providers) (Wales) Scheme 2007 .
.
3
In paragraph (2)(e) —
a
in sub-paragraph (ia) omit “or”, and
b
after sub-paragraph (ia) insert —
ib
by a child care provider registered under the Childcare (Voluntary Registration) Regulations 2007 ; or
.
4
In paragraph (2)(f) after the words “the Domiciliary Care Agencies (Wales) Regulations 2004” add —
or
ii
by a child care provider approved under the Tax Credits (Approval of Child Care Providers) (Wales) Scheme 2007.
.
Amendments of the Tax Credits (Definition and Calculation of Income) Regulations 2002
7
The Tax Credits (Definition and Calculation of Income) Regulations 2002 are amended as follows.
8
1
Regulation 2(2) (interpretation) is amended as follows.
2
For sub-paragraph (ii) in the definition of “employment zone” substitute —
ii
listed in the Schedule to the Employment Zones (Allocation to Contractors) Pilot Regulations 2006,
.
9
1
Regulation 3 (calculation of income of claimant) is amended as follows.
2
In paragraph (6A) for the words “ending on 28th March” substitute “ending on 31st March”.
10
1
Regulation 4 (employment income) is amended as follows.
2
In paragraph (1) , after sub-paragraph (l) insert —
m
any amount paid to a person serving a custodial sentence or remanded in custody awaiting trial or sentence, for work done while serving the sentence or remanded in custody.
.
3
In Table 1 (payments and benefits disregarded in the calculation of employment income) —
a
after item 3 (travel facilities provided for members of the armed forces) add —
3A
The payment by the Secretary of State for Defence of an operational allowance to a member of Her Majesty’s forces in respect of service in an operational area specified by the Secretary of State for Defence.
, and
b
after item 11E (provision of subsidised meal vouchers) add —
11F
The provision of one mobile telephone for an employee in respect of which no liability to income tax arises by virtue of section 319 of ITEPA .
.
11
1
Regulation 8 (student income) is amended as follows.
2
In paragraph (a) for sub-paragraphs (i) and (ii) substitute —
i
under regulation 41 of the Education (Student Support) Regulations 2006 in relation to an academic year which begins on or after 1st September 2006 but before 1st September 2007; or
ii
under regulation 43 of the Education (Student Support) Regulations 2007 in relation to an academic year which begins on or after 1st September 2007 ;
.
12
1
Regulation 10 (investment income) is amended as follows.
2
In the first column of item 7 of Table 4 (unclaimed accounts held by Holocaust victims) for “Extra Statutory Concession A100” substitute “section 756A of ITTOIA .”.
3
In the second column of item 7 of Table 4 for “treated as exempt by the Extra Statutory Concession” substitute “of interest exempted from income tax under section 756A of ITTOIA.”.
13
1
Regulation 12 (foreign income) is amended as follows.
2
In paragraph (3) after sub-paragraph (a) insert —
aa
any monies paid by a bank or building society which are exempted from income tax under section 756A of ITTOIA (interest on certain deposits of victims of National-Socialist persecution).
.
The Tax Credits (Claims and Notifications) Regulations 2002
14
1
The Tax Credits (Claims and Notifications) Regulations 2002 are amended as follows.
2
In regulation 11 (circumstances in which claims shall be treated as made), in paragraph (3)(a), for “31st August” substitute “31st July”.
3
In regulation 33 (dates to be specified in notices under section 17 of the Tax Credits Act 2002), in paragraph (a), for “31st August” substitute “31st July”.
The Tax Credits (Payments by the Commissioners) Regulations 2002
15
In regulation 12 (amounts of payments) of the Tax Credits (Payments by the Commissioners) Regulations 2002 , in paragraph (3) for “shall” substitute “may”.
The Tax Credits (Miscellaneous Amendments) Regulations 2006
16
Omit regulation 2 of the Tax Credits (Miscellaneous Amendments) Regulations 2006 .
Paul Gray
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
13th March 2007
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
13th March 2007


text:
Title, commencement and interpretation
1
1
The title of this Order is the References to Health Authorities Order 2007 and the Order comes into force on 1 April 2007.
2
In this Order “subordinate legislation” has the same meaning as in the Interpretation Act 1978 .
Extent
2
A modification by this Order of an enactment has the same extent as the enactment modified.
Modifications of Acts of Parliament
3
The enactments specified in the Schedule are amended as there specified.
Modifications of references to Health Authorities in subordinate legislation
4
All references in subordinate legislation to a Health Authority or Health Authorities are to be treated as references to a Local Health Board or Local Health Boards as appropriate, unless the context otherwise requires.
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
20 March 2007


text:
Citation and interpretation
1
This Order may be cited as the Civil Aviation Act 2006 (Commencement No. 1) Order 2007.
Commencement
2
The provisions of the Civil Aviation Act 2006 specified in Schedule 1 to this Order shall come into force on 1st March 2007.
Signed by authority of the Secretary of State for Transport
G. Merron
Parliamentary Under Secretary of State
Department for Transport
28th February 2007


text:
Citation
1
This Order may be cited as the Railways Act 2005 (Commencement No. 8) Order 2007.
Commencement
2
1
The provisions of the Railways Act 2005 specified in paragraph (2) shall come into force on 29th January 2007.
2
Those provisions are —
a
section 3 to the extent that it is not already in force;
b
section 4;
c
section 59(6) in so far as it relates to the provisions of Schedule 13 brought into force by this Order;
d
Schedule 4; and
e
in Part 1 of Schedule 13 —
i
the entry relating to Schedule 4A of the Railways Act 1993 to the extent that it is not already in force; and
ii
the entry relating to paragraph 11 of Schedule 28 to the Transport Act 2000 .
Signed by authority of the Secretary of State for Transport
Tom Harris
Parliamentary Under Secretary of State
16th January 2007
Department for Transport


text:
Citation and Commencement
1
1
This Order may be cited as the Transfer of Functions (Asylum Support Adjudicators) Order 2007.
2
This Order comes into force on 2nd April 2007.
Interpretation
2
In this Order —
a
“instrument”, without prejudice to the generality of that expression, includes in particular Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents, and
b
a reference to the functions of a Minister under an enactment includes a reference to the functions of that Minister under an instrument having effect under that enactment.
Transfer from Secretary of State to Lord Chancellor
3
There are transferred to the Lord Chancellor the functions of the Secretary of State under —
a
section 104 of the Immigration and Asylum Act 1999 (power to make rules for asylum support adjudicators), and
b
Schedule 10 to that Act (adjudicators: further provision).
Supplemental
4
1
This Order does not affect the validity of anything done by or in relation to the Secretary of State for the Home Department before the coming into force of this Order in connection with the functions transferred by article 3.
2
Anything done by or in relation to the Secretary of State for the Home Department in connection with the functions transferred by article 3 has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Lord Chancellor.
3
Anything (including legal proceedings) which is in the process of being done by or in relation to the Secretary of State for the Home Department at the coming into force of this Order may, if it relates to the functions transferred by article 3, be continued by or in relation to the Lord Chancellor.
4
So far as is necessary for the purposes of or in consequence of the transfer to the Lord Chancellor of the functions mentioned in article 3, an enactment or instrument passed or made before this Order comes into force has effect as if —
a
a reference to the Secretary of State or the Secretary of State for the Home Department were a reference to the Lord Chancellor,
b
a reference to the Home Department (or the Home Office) were a reference to the Department for Constitutional Affairs, and
c
a reference to an officer of the Home Department (or the Home Office) were a reference to an officer of the Department for Constitutional Affairs.
Protected functions of the Lord Chancellor
5
In paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005 , in the entry for the Immigration and Asylum Act 1999 after “Schedule 7, paragraphs 1 and 2” insert —
Schedule 10
.
Consequential amendments
6
1
In section 104 of the Immigration and Asylum Act 1999 , and in Schedule 10 to that Act, for “Secretary of State” in each place substitute “Lord Chancellor”.
2
In the following provisions of the Asylum Support Appeals (Procedure) Rules 2000 , for “Secretary of State” substitute “Lord Chancellor” —
a
the definition of “member of the adjudicators’ staff” in rule 2(1), and
b
rule 3(1).
Christine Cook
Deputy Clerk of the Privy Council


text:
1
This Order may be cited as The A650 Trunk Road (Aireville Road to Hard Ings Roundabout) (Detrunking) Order 2007 and shall come into force on 1st October 2007.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA/OD/362, marked “The A650 Trunk Road (Aireville Road to Hard Ings Roundabout) (Detrunking) Order 2007”, signed by authority of the Secretary of State for Transport and deposited at Communities & Local Government, Deposited Document Services, Room F13, Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the Doncaster to Kendal Trunk Road (A650).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road as from the date on which the Secretary of State notifies the Bradford Metropolitan District Council (who will become the highway authority responsible for that length) that the Order has come into force.
Signed by authority of the Secretary of State for Transport
Arthur Ashburner
A Divisional Director Highways Agency
12th July 2007


text:
Citation and commencement
1
These Regulations may be cited as the Education (Determination of Admission Arrangements) (Amendment No. 2) (England) Regulations 2007 and come into force on 26 th November 2007.
Application
2
1
These Regulations apply only in relation to England and in relation to the determination year 2007-2008 and subsequent determination years.
2
In this regulation “determination year”, in relation to the proposed admission arrangements for a school, means the school year beginning two years before the school year which the arrangements will be for.
Amendment of the Education (Determination of Admission Arrangements) Regulations 1999
3
1
The Education (Determination of Admission Arrangements) Regulations 1999 are amended as follows.
2
After regulation 5 insert —
Additional consultation requirements: schools with a religious character
5ZA
1
This regulation prescribes, for the purposes of section 89(2)(e) of the Act, the body or person who must be consulted about proposed admission arrangements in relation to foundation and voluntary schools designated as having a religious character.
2
The bodies or persons listed in the second column of the Table must be consulted about proposed admission arrangements for schools designated as having the religion or religious denomination listed in the first column of the Table.
3
Where a school is designated as having more than one religion or religious denomination, the body or person listed in the second column of the Table for each of the religions or religious denominations must be consulted about the proposed admission arrangements for that school.
Table
Bodies and persons to be consulted in relation to the admission arrangements of schools with a religious character
Religion or religious denomination Body or person to be consulted
Church of England The appropriate diocesan authority Jewish The appropriate rabbinic authority for the school listed in the Schedule Methodist The Methodist Connexional Education Secretary Muslim The Association of Muslim Schools UK Quaker The Religious Society of Friends (Quakers) Roman Catholic The Diocesan Bishop or the equivalent in canon law for the diocese in which the school is situated Seventh-Day Adventist The British Union Conference of Seventh Day Adventists Sikh The Network of Sikh Organisations UK
3
Insert the following Schedule —
SCHEDULE
Rabbinic Authorities
Regulation 5ZA
Appropriate Rabbinic Authority School Postcode
The Birmingham Hebrew Congregation King David Primary School, Birmingham B13 8EY The Chief Rabbi of the United Hebrew Congregations of the British Commonwealth/United Synagogue Brodetsky Primary School, Leeds LS17 7TN Hertsmere Jewish Primary School, Radlett, WD7 7LQ Ilford Jewish Primary School, Ilford IG6 1LZ Independent Jewish Day School, London NW4 2AH JFS, Harrow HA3 9TE King David High School, Manchester M8 5DY King David High School, Liverpool L15 6UZ King David Infants School, Manchester M8 6DR King David Junior School, Manchester M8 5DJ King David Primary School, Liverpool L15 6XH King Solomon High School, Ilford, IG6 3HB Mathilda Marks-Kennedy Jewish Primary School, London NW7 3RT Michael Sobell Sinai School, Harrow HA3 9UD Moriah Jewish Day School, Pinner HA5 1JF North Cheshire Jewish Primary School, Heald Green SK8 4RZ North West London Jewish Day School, London NW6 7PP Rosh Pinah Jewish Primary School, Edgware HA8 8TE Simon Marks Jewish Primary School, London N16 6PD Wolfson Hillel Primary School, London N14 4LG Yavneh College, Borehamwood WD6 1HN Elector Rabbis of the Jewish Secondary Schools Movement Hasmonean High School, London NW14 1NA Hasmonean Primary School, London NW4 2PD Golders Green Beth Hamedrash Menorah Primary School, London NW11 9SP Jewish Community Day Schools Advisory Board Clore Shalom Primary School, Shenley WD7 9BL Clore Tikvah Primary School, Ilford IG6 2JN Akiva School, London N3 2SY The Lubavitch Foundation Lubavitch Ruth Lunzer Girls Primary School, London N16 5RP Machzikei Hadass Synagogue, Manchester Beis Yaakov High School, Salford M7 4FF Yesoiday Hatorah School, Manchester M25 0JW The Union of Orthodox Hebrew Congregations Avigdor Hirsch Torah Temimah Primary School, London NW2 6RJ Menorah Foundation School, Edgware HA8 0QS Pardes House Primary School, London N3 1SA Yesodey Hatorah Senior Girls School, London N16 6UB Va’ad HaChinuch, London Beis Yaakov Primary School, London NW9 6NQ Va’ad HaChinuch, Manchester Broughton Jewish Cassel Fox Primary School, Salford M7 4RT Bury and Whitefield Jewish Primary School, Bury BL9 8JT The Dean of Gateshead Talmudical College Manchester Mesivta School, Prestwich M25 0PH
Revocation
4
The Education (Determining School Admission Arrangements for the Initial Year) Regulations 1998 are revoked in relation to England.
Jim Knight
Minister of State
Department for Children, Schools and Families
22nd October 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Work-focused Interviews for Lone Parents) Amendment Regulations 2007.
2
These Regulations shall come into force on 30th April 2007 except for regulations 3 and 5 which shall come into force on 28th April 2008.
3
In these Regulations —
“the Lone Parents Regulations ” means the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 ;
“the Jobcentre Plus Regulations ” means the Social Security (Jobcentre Plus Interviews) Regulations 2002 .
Amendment of the Lone Parents Regulations from 30th April 2007
2
1
The Lone Parents Regulations shall be amended in accordance with this regulation.
2
For regulation 2 (requirement for lone parents claiming or entitled to income support to take part in an interview) , substitute —
General requirement for lone parents claiming or entitled to income support to take part in an interview
2
1
Subject to this regulation and regulations 2A, 2B and 4 to 6, a lone parent is required to take part in an interview if he falls within any of paragraphs to (4).
2
A lone parent falls within this paragraph if he makes a claim for income support in respect of himself.
3
A lone parent falls within this paragraph if he is entitled to income support and has not taken part or been required to take part in a relevant interview.
4
A lone parent falls within this paragraph if he is entitled to income support and has —
a
taken part,
b
failed to take part, or
c
been treated as having taken part,
in a relevant interview.
5
Where a lone parent falls within paragraph (4) the requirement to take part in an interview arises at the times set out in paragraph (6), except where the young child condition is satisfied (see paragraph (9)) in which case the requirement arises at the times set out in paragraph (7).
6
The requirement arises (where the young child condition is not satisfied) —
a
where the lone parent —
i
last took part,
ii
last failed to take part, or
iii
was last treated as having taken part,
in a relevant interview on a date on or after 30th April 2006 but before 30th October 2006, one year after that date, and it arises again every six months after it first arises; or
b
where the lone parent does not fall within sub-paragraph (a), every six months after the date on which he —
i
last took part,
ii
last failed to take part, or
iii
was last treated as having taken part,
in a relevant interview.
7
The requirement arises (where the young child condition is satisfied) —
a
where the interview that the lone parent —
i
last took part in,
ii
last failed to take part in, or
iii
was last treated as having taken part in,
was the first relevant interview, six months after the date of that first interview, and it arises again upon each anniversary of that date;
b
where the interview that the lone parent —
i
last took part in,
ii
last failed to take part in, or
iii
was last treated as having taken part in,
was the second relevant interview, six months after the date of that second interview, and it arises again upon each anniversary of the day on which it first arises;
c
in any other case, on each anniversary of the date of the interview that the lone parent —
i
last took part in,
ii
last failed to take part in, or
iii
was last treated as having taken part in.
8
In this regulation, “relevant interview” means an interview under —
a
the Social Security (Working Neighbourhoods) Regulations 2004 ,
b
the Social Security (Quarterly Work-focused Interviews for Certain Lone Parents) Regulations 2004 , or
c
these Regulations,
in relation to the lone parent’s current claim.
9
For the purposes of this regulation, the young child condition is satisfied where the lone parent is responsible for and living in the same household as —
a
a single child aged under 5, or
b
more than one child where the youngest is aged under 5.
10
Where a determination has been made in relation to a lone parent under regulation 6(1) (waiver) or (as the case may be) under a corresponding provision of the Regulations referred to in paragraph (8)(a) or (b), he is to be treated for the purposes of paragraph (3) as if he has not taken part or been required to take part in a relevant interview.
.
3
In regulation 2A (requirement for specified lone parents to take part in an interview) —
a
in paragraph (3), after “regulation 2” insert “or 2B”; and
b
omit paragraph (5).
4
After regulation 2A, insert —
Requirement for certain lone parents in certain areas to take part in an interview
2B
1
This regulation applies to a lone parent who —
a
is responsible for and living in the same household as —
i
a single child aged 11, 12 or 13, or
ii
more than one child where the youngest is aged 11, 12 or 13;
b
has been continuously entitled to income support for at least 12 months; and
c
resides in an area specified in Schedule 3 to these Regulations.
2
Subject to regulations 4 to 6, a lone parent to whom this regulation applies is required to take part in an interview every 13 weeks after he —
a
last took part in an interview,
b
last failed to take part in an interview, or
c
was last treated as having taken part in an interview.
3
A lone parent who —
a
is required to take part in an interview under this regulation, or
b
has had a requirement to take part in an interview under this regulation waived or deferred,
is not required to take part in an interview under regulation 2 unless he ceases to fall within this regulation.
The interview
2C
1
An interview under these Regulations shall take place as soon as is reasonably practicable after the date on which the requirement to take part in the interview arises.
2
An officer shall inform the lone parent of the place and time of the interview.
3
An officer may determine that an interview is to take place in the lone parent’s home where it would, in the opinion of the officer, be unreasonable to expect that lone parent to attend elsewhere because that lone parent’s personal circumstances are such that attending elsewhere would —
a
cause him undue inconvenience, or
b
endanger his health.
.
5
In regulation 4 (circumstances where requirement to take part in an interview does not apply) —
a
in paragraph (1)(c), for the words after “Regulations 2002” substitute “or the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003 .”, and
b
after paragraph (1), insert —
3
Regulations 2A and 2B shall not apply where the lone parent —
a
has attained the age of 60, or
b
has not attained the age of 18.
4
Regulation 2B shall not apply where the lone parent is —
a
required to take part in an interview, or
b
not required to take part in an interview by virtue of —
i
a waiver of a requirement, or
ii
a deferment of an interview,
under the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003.
.
6
In regulations 5(2) (deferment of requirement to take part in an interview) and 6(2)(a) (waiver) , for “2 and 2A” substitute “2, 2A and 2B”.
7
In regulation 7(3) (consequence of failure to take part in an interview) —
a
in sub-paragraph (a), for “2(1)(a)” substitute “2(2)”; and
b
in sub-paragraph (b), for “2(1)(b) or (c) or 2A” substitute “2(3) or (4), 2A or 2B”.
8
After Schedule 2, there is inserted as Schedule 3 the Schedule set out in the Schedule to these Regulations.
Amendment of the Lone Parents Regulations from 28th April 2008
3
1
The Lone Parents Regulations shall be amended in accordance with this regulation.
2
In regulation 2, as substituted by regulation 2 of these Regulations, —
a
in paragraph (5), omit the words from “, except where the young child condition is satisfied” to “set out in paragraph (7)”;
b
in paragraph (6), omit “(where the young child condition is not satisfied)”;
c
in paragraph (6)(a), for “30th April 2006 but before 30th October 2006” substitute “28th April 2007 but before 30th October 2007”; and
d
omit paragraphs (7) and (9).
Amendment of the Jobcentre Plus Regulations from 30th April 2007
4
1
The Jobcentre Plus Regulations shall be amended in accordance with this regulation.
2
In regulation 4 (continuing entitlement to specified benefit dependent on an interview) —
a
in paragraph (1)(a), for “either paragraph (3) or (3A)” substitute “paragraph (3), (3B), (3D), (3F) or (3H)”;
b
in paragraph (2), for the words after “such an interview”, substitute —
but for —
i
the requirement being waived in accordance with regulation 6;
ii
the requirement being deferred in accordance with regulation 7;
iii
the requirement not arising because the person was at the time of the claim for the specified benefit subject to provisions within the Social Security (Working Neighbourhoods) Regulations 2004 by virtue of regulation 2(3) of those Regulations; or
iv
the person being required to take part in an interview under the Social Security (Quarterly Work-focused Interviews for Certain Lone Parents) Regulations 2004 .
.
c
for paragraphs (3) and (3A), substitute —
3
This paragraph applies at the times specified in paragraph (3A) where the young child condition is not satisfied (see paragraph (5B)) and where the lone parent —
a
last took part,
b
last failed to take part, or
c
was last treated as having taken part,
in a relevant interview on a date or after 30th April 2006 but before 30th October 2006.
3A
Paragraph (3) first applies one year after that date, and it applies again every six months after the day on which it first applies.
3B
This paragraph applies at the times specified in paragraph (3C) where the young child condition is not satisfied and where the lone parent —
a
last took part,
b
last failed to take part, or
c
was last treated as having taken part,
in a relevant interview on a date that was not on or after 30th April 2006 but before 30th October 2006.
3C
Paragraph (3B) first applies six months after that date, and it applies again every six months after the day on which it first applies.
3D
This paragraph applies at the times specified in paragraph (3E) where the young child condition is satisfied and where the interview that the lone parent —
a
last took part in,
b
last failed to take part in, or
c
was last treated as having taken part in,
was the first relevant interview.
3E
Paragraph (3D) first applies six months after the date of that first interview, and it applies again upon each anniversary of the date of that first interview.
3F
This paragraph applies at the times specified in paragraph (3G) where the young child condition is satisfied and where the interview that the lone parent —
a
last took part in,
b
last failed to take part in, or
c
was last treated as having taken part in,
was the second relevant interview.
3G
Paragraph (3F) first applies six months after the date of that second interview, and it applies again upon each anniversary of the date on which it first applies.
3H
This paragraph applies at the times specified in paragraph (3I) where the young child condition is satisfied and where the interview that the lone parent —
a
last took part in,
b
last failed to take part in, or
c
was last treated as having taken part in,
was not the first or second relevant interview.
3I
Paragraph (3H) first applies one year after the date of that interview, and it applies again upon each subsequent anniversary of that date.
.
d
after paragraph (5), insert —
5A
In this regulation, “relevant interview” means an interview under —
a
the Social Security (Working Neighbourhoods) Regulations 2004,
b
the Social Security (Quarterly Work-focused Interviews for Certain Lone Parents) Regulations 2004, or
c
these Regulations,
in relation to the lone parent’s current claim.
5B
For the purposes of this regulation, the young child condition is satisfied where the lone parent is responsible for and living in the same household as —
a
a single child aged under 5, or
b
more than one child where the youngest is aged under 5.
.
3
In regulation 8(3) (exemptions), after “2A” insert “or 2B”.
Amendment of the Jobcentre Plus Regulations from 28th April 2008
5
1
The Jobcentre Plus Regulations shall be amended in accordance with this regulation.
2
In regulation 4, as amended by regulation 4 of these Regulations, —
a
in paragraph (1)(a), for “(3), (3B), (3D), (3F) or (3H)” substitute “(3) or (3B)”;
b
in paragraph (3) —
i
omit “where the young child condition is not satisfied (see paragraph (5B)) and”, and
ii
for “30th April 2006 but before 30th October 2006” substitute “28th April 2007 but before 30th October 2007”;
c
in paragraph (3B) —
i
omit “where the young child condition is not satisfied and”, and
ii
for “30th April 2006 but before 30th October 2006” substitute “28th April 2007 but before 30th October 2007”;
d
omit paragraphs (3D) to (3I); and
e
omit paragraph (5B).
Revocation of the Social Security (Quarterly Work-focused Interviews for Certain Lone Parents) Regulations 2004
6
The Social Security (Quarterly Work-focused Interviews for Certain Lone Parents) Regulations 2004 are revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Jim Murphy
Minister of State,
Department for Work and Pensions
26th March 2007


text:
Title and commencement
1
These Regulations may be cited as the Food Supplements (England) (Amendment) Regulations 2007; they come into force on 6th April 2007.
Amendment of the Food Supplements (England) Regulations 2003
2
The Food Supplements (England) Regulations 2003 are amended in accordance with regulations 3 to 5.
3
In regulation 2(1) (interpretation), in the definition of “Directive 2002/46” insert at the end “, as amended by Commission Directive 2006/37/EC amending Annex II to Directive 2002/46/EC of the European Parliament and of the Council as regards the inclusion of certain substances”.
4
In Schedule 1 (vitamins and minerals which may be used in the manufacture of food supplements), in Section 1 (vitamins), for “Folic acid” substitute “Folate”.
5
In Schedule 2 (form of vitamin and mineral substances which may be used in the manufacture of food supplements) —
a
in section A (vitamins), at item 10 for the heading “FOLIC ACID” substitute “FOLATE”, and under that (revised) heading insert at the end “(b) calcium-L-methylfolate”;
b
in section B (minerals) before “Cupric carbonate” insert “Ferrous bisglycinate”.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State,
Department of Health
Date 6 February 2007


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Smoke-free (Vehicle Operators and Penalty Notices) Regulations 2007 and shall come into force on 1 st July 2007.
2
These Regulations apply in relation to England only.
3
In these Regulations —
“ the Act ” means the Health Act 2006; and
“smoke-free vehicle” means a vehicle which is smoke-free by virtue of section 5 of the Act.
Failing to prevent smoking in smoke-free vehicles
2
The following persons are under a duty corresponding to that in section 8(1) of the Act to cause any person who is smoking in a smoke-free vehicle to stop smoking —
a
the driver;
b
any person with management responsibilities for the vehicle; and
c
any person on a vehicle who is responsible for order or safety on it.
Form of fixed penalty notice
3
1
The penalty notice form set out in Schedule 1 to these Regulations is specified in relation to the offence of failing to display a no smoking sign in accordance with requirements made by or under section 6 of the Act.
2
The penalty notice form set out in Schedule 2 to these Regulations is specified in relation to the offence of smoking in a smoke-free place under section 7 of the Act.
3
Where either of those forms refers to the amount of a fixed penalty or to a discounted amount or to a level on the standard scale which is changed, the form shall have effect subject to the change.
4
Nothing in this regulation or in Schedule 1 or 2 to these Regulations shall prevent an enforcement authority from —
a
using a notice in a size or design which differs from a specified form, provided that the content of the notice is not changed from that specified in the form (except as permitted by sub-paragraphs (b) to (d));
b
including information or illustrations in a notice to assist a person to whom it is given (for example, information or illustrations on how payments can be made);
c
including information in a notice to assist an enforcement authority in the performance of its functions under section 10(3) of the Act (enforcement) (for example, information to assist in its administrative procedures or data processing); or
d
including coats of arms or logos in a notice.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State for Public Health
Department of Health
7th March 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Administration Charges (Summary of Rights and Obligations) (England) Regulations 2007 and shall come into force on 1st October 2007.
2
These Regulations apply where, on or after 1st October 2007, a demand for payment of an administration charge is served in relation to a dwelling in England.
Form and content of summary of rights and obligations
2
The summary of rights and obligations which must accompany a demand for the payment of an administration charge must be legible in a typewritten or printed form of at least 10 point, and must contain —
a
the title “Administration Charges – Summary of tenants’ rights and obligations”; and
b
the following statement —
1
This summary, which briefly sets out your rights and obligations in relation to administration charges, must by law accompany a demand for administration charges. Unless a summary is sent to you with a demand, you may withhold the administration charge. The summary does not give a full interpretation of the law and if you are in any doubt about your rights and obligations you should seek independent advice.
2
An administration charge is an amount which may be payable by you as part of or in addition to the rent directly or indirectly —
for or in connection with the grant of an approval under your lease, or an application for such approval;
for or in connection with the provision of information or documents;
in respect of your failure to make any payment due under your lease; or
in connection with a breach of a covenant or condition of your lease.
If you are liable to pay an administration charge, it is payable only to the extent that the amount is reasonable.
3
Any provision contained in a grant of a lease under the right to buy under the Housing Act 1985, which claims to allow the landlord to charge a sum for consent or approval, is void.
4
You have the right to ask a leasehold valuation tribunal whether an administration charge is payable. You may make a request before or after you have paid the administration charge. If the tribunal determines the charge is payable, the tribunal may also determine —
who should pay the administration charge and who it should be paid to;
the amount;
the date it should be paid by; and
how it should be paid.
However, you do not have this right where —
a matter has been agreed to or admitted by you;
a matter has been, or is to be, referred to arbitration or has been determined by arbitration and you agreed to go to arbitration after the disagreement about the administration charge arose; or
a matter has been decided by a court.
5
You have the right to apply to a leasehold valuation tribunal for an order varying the lease on the grounds that any administration charge specified in the lease, or any formula specified in the lease for calculating an administration charge is unreasonable.
6
Where you seek a determination or order from a leasehold valuation tribunal, you will have to pay an application fee and, where the matter proceeds to a hearing, a hearing fee, unless you qualify for a waiver or reduction. The total fees payable to the tribunal will not exceed £500, but making an application may incur additional costs, such as professional fees, which you may have to pay.
7
A leasehold valuation tribunal has the power to award costs, not exceeding £500, against a party to any proceedings where —
it dismisses a matter because it is frivolous, vexatious or an abuse of process; or
it considers that a party has acted frivolously, vexatiously, abusively, disruptively or unreasonably.
The Lands Tribunal has similar powers when hearing an appeal against a decision of a leasehold valuation tribunal.
8
Your lease may give your landlord a right of re-entry or forfeiture where you have failed to pay charges which are properly due under the lease. However, to exercise this right, the landlord must meet all the legal requirements and obtain a court order. A court order will only be granted if you have admitted you are liable to pay the amount or it is finally determined by a court, a tribunal or by arbitration that the amount is due. The court has a wide discretion in granting such an order and it will take into account all the circumstances of the case.
.
Signed by authority of the Secretary of State for Communities and Local Government
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
16th April 2007