text:
PART 1 General Provisions
Title, application and commencement
1
These Regulations —
a
may be cited as the Bovine Semen (England) Regulations 2007;
b
apply in England only; and
c
come into force on 22nd May 2007.
Interpretation
2
1
In these Regulations —
“bovine” includes the species Bubalus bubalis and Bison bison ;
“bovine semen centre” means premises licensed under regulation 4 ;
“cattle identification regulations” means —
the Cattle Identification Regulations 1998 or the Cattle Identification (Identification of Older Animals) Regulations 2000 (in the case of bovine animals born in England), or
Council Regulation 1760/2000, as amended from time to time (in the case of bovine animals born outside England);
“centre veterinarian” has the meaning given in regulation 5(b) ;
“Council Regulation 1760/2000” means Regulation (EC) No 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 , as amended from time to time;
“dam”, in the case of bovine animals derived from embryo transfer, means the recipient of the embryo;
“the Directive” means Council Directive 88/407/ EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species , as amended from time to time;
“Directive 64/432/EEC ” means Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine , as amended from time to time;
“domestic collection centre” has the meaning given in regulation 4(b)(ii) ;
“domestic storage centre” has the meaning given in regulation 4(c)(ii) ;
“EC collection centre” has the meaning given in regulation 4(b)(i) ;
“EC quarantine centre” has the meaning given in regulation 4(a) ;
“EC storage centre” has the meaning given in regulation 4(c)(i) ;
“fresh semen” means semen which has not been frozen;
“inspector” means a person authorised in writing by the Secretary of State in accordance with section 10(4) of the Animal Health and Welfare Act 1984;
“processing” means one or more of —
diluting (except in the course of or immediately after semen collection),
adding any substance with the intention of prolonging the natural life of the semen (except in the course of or immediately after semen collection),
adding any antibiotic,
packing into straws or other appropriate receptacles, and
freezing;
“straw” means a receptacle used to contain a single dose of semen;
“teaser animal” means a bovine animal which is used as an aid in the collection of semen;
“unlicensed premises” are premises that do not have a licence under regulation 4 ;
“veterinary surgeon” means a veterinary surgeon or veterinary practitioner registered under the Veterinary Surgeons Act 1966 .
2
Expressions that are not defined in these Regulations and are used in the Directive have the same meaning in these Regulations as they have for the purposes of the Directive.
Exceptions
3
1
These Regulations do not apply where —
a
semen is collected for the purpose of the artificial insemination of a bovine animal with fresh semen;
b
the bovine animal from which the semen is collected —
i
is not, at the time of collection, affected by an Order made under sections 6(c), 8, 17, 23, 25, 26 or 29 of the Animal Health Act 1981 ; or,
ii
is so affected, but the use of its semen is authorised by the Secretary of State; and
c
when the bovine animal is inseminated —
i
it is in the same ownership and the same herd as the bovine animal from which the semen was collected; and
ii
it is kept on the same premises as that bovine animal.
2
These Regulations do not apply where semen is collected for the purpose of —
a
assessing the suitability of a bovine animal for use in breeding;
b
diagnosing infection or disease in a bovine animal; or
c
education or research,
provided the semen collected is not used for artificial insemination and is not the subject of intra-Community trade.
3
These Regulations do not apply to research authorised under the Animals (Scientific Procedures) Act 1986 .
4
These Regulations, in so far as they apply to semen intended for intra-Community trade, do not apply to semen collected on or before 31st December 1989.
PART 2 Licensing of bovine semen centres and approval of bovine animals
Licensing of bovine semen centres
4
The Secretary of State may license premises as follows —
a
if they comply with Part 1 of Schedule 1, as premises for the quarantine of bovine animals (an “EC quarantine centre”);
b
if they comply with Part 2 of Schedule 1, either as —
i
premises for the collection, processing and quarantine of semen intended for intra-Community trade (an “EC collection centre”); or
ii
premises for the collection, processing and quarantine of semen not intended for intra-Community trade (a “domestic collection centre”); or
c
if they comply with Part 3 of Schedule 1, either as —
i
premises for the storage of semen intended for intra-Community trade (an “EC storage centre”); or
ii
premises for the storage of semen not intended for intra-Community trade (a “domestic storage centre”).
Application for a licence to operate a bovine semen centre
5
An application for a licence to operate a bovine semen centre must —
a
be made in writing to the Secretary of State;
b
be signed by the applicant for the licence and by the veterinary surgeon who will have responsibility for veterinary supervision of the centre (“the centre veterinarian”);
c
specify the premises for which an application is made; and
d
specify the licence applied for.
Bovine semen centre licence
6
1
A bovine semen centre licence granted under regulation 4 must specify —
a
the address of the centre;
b
the licence number of the centre;
c
the licence holder;
d
the centre veterinarian;
e
the type of licence granted; and
f
any conditions to which the licence is subject.
2
A licence must be in writing and may be made subject to such conditions as are necessary to —
a
ensure that the provisions of these Regulations are complied with; or
b
protect public or animal health.
Approval of a bovine animal
7
1
The Secretary of State may grant an approval for a bovine animal for use in an EC collection centre, a domestic collection centre, or at unlicensed premises if it has tested negative to —
a
the tests set out in Schedule 2, paragraph 2(1)(a) to (e) prior to its entry to an EC quarantine centre; and
b
the tests set out in Schedule 2, paragraph 3(1)(a) to (d) and paragraph 4(1)(a) after its entry to an EC quarantine centre.
2
The Secretary of State may approve a bovine animal despite a positive result to the serological tests set out in Schedule 2, paragraph 2(1)(e)(ii) or in Schedule 2, paragraph 4(1)(b) or in both.
3
The Secretary of State may also grant an approval for a bovine animal for use in a domestic collection centre or at unlicensed premises, if it has tested negative to the tests set out in Part 2 of Schedule 8, paragraphs 2(a) to (c).
Application for approval of a bovine animal
8
Any application for approval of a bovine animal for the purpose of collecting its semen, or for use as a teaser animal, must be made to the Secretary of State by or on behalf of its owner and must —
a
specify the name and breed of the bovine animal;
b
specify the number by which it is identifiable in accordance with the cattle identification regulations; and
c
be made in writing and signed by or on behalf of the owner.
Form of approval for a bovine animal
9
1
An approval for a bovine animal must specify —
a
the name and breed of the bovine animal;
b
the number by which it is identifiable in accordance with the cattle identification regulations; and
c
any conditions to which the approval is subject.
2
An approval must be in writing and may be made subject to such conditions as are necessary to —
a
ensure that the provisions of these Regulations are complied with; or
b
protect public or animal health.
Approval of bovine animals for use at unlicensed premises
10
1
The Secretary of State may approve the use of a bovine animal for the collection of its semen, or for use as a teaser animal, at unlicensed premises for a maximum period of 3 months.
2
The Secretary of State may renew an approval under paragraph (1) for subsequent periods of up to 3 months if —
a
he receives the application for renewal of the approval in writing and signed by or on behalf of the owner, at least 28 days before the date on which it is due to expire; and
b
the tests referred to in Part 2 of Schedule 8, paragraph 2(a) to (c) have been conducted again, with negative results, on the bovine animal to which the approval relates, no more than 28 days before the date the approval is due to expire.
3
If the results of any of the tests carried out on a bovine animal under paragraph 2(b) will not be available until after its approval is due to expire, the Secretary of State may grant a temporary approval.
4
Where the Secretary of State grants a temporary approval under paragraph (3), no person may trade any semen which has been —
a
collected from a bovine animal; or
b
processed following such collection,
until negative results to the tests on the bovine animal or teaser animal used to collect such semen are confirmed.
PART 3 The operation of a bovine semen centre and collection at unlicensed premises
Entry of persons to bovine semen centres
11
1
No person may enter a bovine semen centre without the authority of the centre veterinarian.
2
A person authorised by the centre veterinarian to enter a bovine semen centre must comply with any requirements laid down by the centre veterinarian to ensure compliance with these Regulations.
3
The centre veterinarian must ensure that unauthorised persons do not enter the bovine semen centre.
Entry of non-bovine animals to bovine semen centres
12
1
No person may introduce a non-bovine animal into a bovine semen centre without the express authorisation of the centre veterinarian.
2
The centre veterinarian may authorise the admission of domestic animals of non-bovine species into a bovine semen centre provided —
a
they are necessary for the operation of the centre;
b
they present no risk of infection to those bovine animals whose semen is to be collected; and
c
they fulfil the conditions laid down by the centre veterinarian.
Requirement to keep records of bovine animals
13
1
This regulation does not apply to an EC storage centre or domestic storage centre.
2
The centre veterinarian or operator of unlicensed premises must make a record for each bovine animal moved into or out of the centre or premises of —
a
its breed;
b
its date of birth;
c
the number by which it is identifiable in accordance with the cattle identification regulations;
d
all vaccinations administered to it;
e
the tests it has undergone for diseases and their results; and
f
any indication of disease it may have.
3
The centre veterinarian or operator of unlicensed premises must ensure that these records are kept for at least two years from the date when the bovine animal leaves the centre or premises, or dies at the centre or premises.
Requirement to keep records of semen
14
1
This regulation does not apply to EC quarantine centres.
2
Whenever semen is moved from or to a bovine semen centre or destroyed, the centre veterinarian must record —
a
the number by which the donor bovine animal is identifiable in accordance with the cattle identification regulations;
b
its health status;
c
the number of doses of semen;
d
the numbers on the receptacles in which the semen is or was contained (as applicable);
e
the date the semen was received, dispatched or destroyed (as applicable);
f
the premises, or bovine semen centre, of dispatch (if applicable); and
g
the destination (if applicable).
3
The operator of unlicensed premises must record the information in paragraphs 2(a) to (g) for semen sent to an EC collection centre or domestic collection centre for processing.
4
The operator of unlicensed premises or the centre veterinarian must ensure that each consignment of semen is accompanied by documents containing the information in paragraphs 2(a) to (g).
5
The operator of unlicensed premises or the centre veterinarian must ensure that these records are retained for at least two years after the dispatch, receipt, or destruction of the semen.
General duties of centre veterinarians
15
1
The centre veterinarian must ensure that —
a
the centre is operated in accordance with these Regulations;
b
any conditions of the licence under which the centre operates are observed;
c
appropriate standards of hygiene are maintained at the centre to prevent the incursion of disease transmissible by semen; and
d
the biosecurity of the centre is maintained to prevent the incursion of disease transmissible by semen.
2
The centre veterinarian must ensure that staff at the centre are technically competent and have received appropriate training in disinfection procedures and hygiene techniques.
3
The centre veterinarian must ensure that the Secretary of State is notified immediately if the result of any test carried out on a bovine animal at the centre for any disease that must be tested for under these Regulations indicates a change in the health status of the bovine animal.
Specific duties of centre veterinarians and operators of unlicensed premises
16
1
The duties of the centre veterinarian —
a
of an EC quarantine centre are set out in Schedule 2;
b
of an EC collection centre are set out in Schedule 3;
c
of an EC storage centre are set out in Schedule 4;
d
of a domestic collection centre are set out in Schedule 5; and
e
of a domestic storage centre are set out in Schedule 6.
2
The duties of the operator of unlicensed premises are set out in Schedule 7.
Taking blood samples and testing for bovine tuberculosis
17
1
Taking blood samples for laboratory analysis may only be undertaken by —
a
a centre veterinarian;
b
an inspector who is qualified as a veterinary surgeon; or
c
a person who fulfils the conditions set out in articles 3(2)(a) or 3(2)(b) of the Veterinary Surgery (Blood Sampling) Order 1983 and for whom the relevant qualified person described in those articles is a centre veterinarian or an inspector who is qualified as a veterinary surgeon.
2
Only a veterinary surgeon approved by the Secretary of State for that purpose may test for bovine tuberculosis.
Laboratory tests
18
The operator of unlicensed premises or the centre veterinarian must ensure that laboratory tests required under these Regulations are carried out by a laboratory approved by the Secretary of State.
PART 4 The collection, processing and storage of semen
Bovine animals from which semen may be collected
19
No person may collect semen from a bovine animal for use in artificial insemination unless the bovine animal —
a
is approved for that purpose by the Secretary of State;
b
is identified in accordance with the cattle identification regulations;
c
shows no clinical signs of disease on the day the semen is to be collected;
d
has not been vaccinated against foot-and-mouth disease within the 30 days preceding the date of collection;
e
has not been allowed to serve naturally since the date of the application for its approval for semen collection; and
f
(where its semen is to be supplied as fresh semen) has been kept at an EC collection centre or a domestic collection centre for a continuous period of at least 30 days preceding the date the semen is collected.
Places where semen may be collected
20
1
No person may collect semen from a bovine animal except —
a
at an EC collection centre;
b
at a domestic collection centre; or
c
at unlicensed premises,
in accordance with these Regulations.
2
Such centres or unlicensed premises must —
a
have been free from foot-and-mouth disease for at least three months prior to collection of the semen;
b
be situated in the centre of an area of 10 kilometres radius in which there has been no case of foot-and-mouth disease for at least the preceding 30 days; and
c
have been, for 30 days prior to collection of the semen, free from the bovine diseases listed in Annex E(I) to Directive 64/432/EEC .
Use of teaser animals
21
No person may use a teaser animal to assist in the collection of semen unless it is approved for that purpose by the Secretary of State.
Entry of bovine animals to EC quarantine centres, EC collection centres, domestic collection centres, or to unlicensed premises
22
1
No person may introduce a bovine animal into —
a
an EC quarantine centre;
b
an EC collection centre; or
c
a domestic collection centre,
without the express authorisation of the centre veterinarian.
2
The centre veterinarian may not authorise a bovine animal to enter an EC quarantine centre unless, prior to its entry to the centre, it always belonged to a herd —
a
officially tuberculosis free; and
b
officially brucellosis free,
in accordance with Directive 64/432/EEC .
3
The centre veterinarian may not authorise a bovine animal to enter an EC collection centre unless the requirements of Part 1 of Schedule 8 are met.
4
The centre veterinarian may not authorise a bovine animal to enter a domestic collection centre unless the requirements of Part 1 or 2 of Schedule 8 are met.
5
The operator of unlicensed premises may not collect semen from a bovine animal on unlicensed premises unless the requirements of Part 1 or 2 of Schedule 8 are met.
6
The centre veterinarian of an EC collection centre or domestic collection centre, or the operator of unlicensed premises, may not admit bovine animals unless on the day of movement the premises of origin —
a
are situated in the centre of an area of 10 kilometres radius in which there has been no case of foot-and-mouth disease for at least the preceding 30 days;
b
have, for at least the preceding 3 months, been free from foot-and-mouth disease and brucellosis; and
c
have, for at least the preceding 30 days, been free from those bovine diseases listed in Annex E(I) to Directive 64/432/EEC .
7
The centre veterinarian or the operator of unlicensed premises may not authorise the admission of any bovine animal which shows any clinical sign of disease on the day of the proposed admission.
Movement of bovine animals
23
1
No person may move a bovine animal to an EC collection centre, a domestic collection centre or to unlicensed premises except —
a
in means of transport that have been cleansed and disinfected before use in accordance with the Transport of Animals (Cleansing and Disinfection) (England) ( No. 3) Order 2003 ; and
b
under conditions that ensure that it does not come into contact with cloven-hoofed animals that are not authorised to enter the centre or premises of destination.
2
No person may move a bovine animal from one collection centre to one in another member State except in accordance with Directive 64/432/EEC .
Processing of semen
24
No person may process semen except —
a
at an EC collection centre; or
b
at a domestic collection centre.
Instruments for collecting and processing semen
25
No person may —
a
use any instrument (other than a single-use instrument) which comes into contact with semen or with the donor animal during collection or processing unless such instrument has been disinfected or sterilised prior to use; or
b
re-use a single-use instrument.
Containers for storing or moving semen
26
No person may store or move semen except in a container used exclusively for that purpose that —
a
has been disinfected or sterilised prior to use; or
b
is a single-use container that has not been used before.
Storing and moving semen
27
No person storing or moving semen may allow it to come into contact with material of animal origin (including other germplasm) of a lower health status.
Supply of frozen semen
28
1
This regulation does not apply to the steps necessary to move semen to an EC storage centre or a domestic storage centre.
2
No person may supply frozen semen or use it in artificial insemination unless it has been stored —
a
at an EC storage centre;
b
at a domestic storage centre; or
c
in another part of the United Kingdom on premises approved by the competent authority for the storage of bovine semen.
Power of Secretary of State to grant exemptions
29
No person may supply or use semen for artificial insemination if he knows or suspects that it has not been collected, processed or stored in accordance with the requirements of —
a
these Regulations,
b
lawfully in another part of the United Kingdom; or
c
in the case of semen originating in another member State or in a third country, the Directive,
unless authorised by the Secretary of State.
Intra-Community trade in semen
30
1
No person may supply semen for intra-Community trade unless —
a
it was —
i
collected, processed and quarantined at an EC collection centre; and
ii
stored at an EC storage centre; or
b
in the case of semen supplied from another member State or imported from a third country in accordance with the Directive, it has been stored at an EC storage centre.
2
Any person who supplies semen for intra-Community trade must ensure that it is accompanied by the animal health certificate referred to in Articles 3(d) and 6(1) of the Directive.
Duties to keep records of the supply of semen
31
1
This regulation does not apply to the operators of unlicensed premises or to centre veterinarians, who are subject to regulation 14 .
2
Any person who supplies semen must keep a record of the information specified in Schedule 9 paragraph 1.
3
Any person who receives semen must keep a record of the information specified in Schedule 9 paragraph 2.
4
Any person who uses semen for artificial insemination must keep a record of the information specified in Schedule 9 paragraph 3 in relation to each straw or other receptacle used.
5
Any person who destroys semen must keep a record of the information specified in Schedule 9 paragraph 4 in relation to each straw or other receptacle destroyed.
6
Any person who is required by this regulation to keep records must ensure that the records are made contemporaneously.
7
Such records may be in written or electronic form and must be kept for at least two years after the supply, receipt, use, or destruction of the semen, as appropriate.
PART 5 Administration and enforcement
Refusal of an approval or licence
32
If the Secretary of State refuses to grant an approval or licence, or grants one subject to conditions, he must —
a
give his reasons in writing; and
b
explain the right of the applicant to make written representations under regulation 36(1) to a person appointed by the Secretary of State.
Provision of information to the Secretary of State
33
1
The Secretary of State may require an applicant for approval of a bovine animal, the holder of such an approval or the owner of a bovine animal to provide such information and to permit the bovine animal to be subjected to such tests and examinations as the Secretary of State considers necessary to enable him to decide whether the approval should be granted or maintained.
2
The previous owner of an approved bovine animal must notify the Secretary of State of the name and address of the new owner within 21 days of transferring ownership to him.
3
The owner of an approved bovine animal must, within 21 days of its death, notify the Secretary of State of the death, the circumstances in which it occurred and the results of any post mortem examination.
4
The Secretary of State may require an applicant for a bovine semen centre licence, or the holder of such a licence, to provide such information and to permit such tests and examinations as the Secretary of State considers necessary to enable him to decide whether the licence should be granted or maintained.
Suspension and amendment
34
1
The Secretary of State may suspend or amend an approval or licence granted under these Regulations in whole or in part if —
a
any of the conditions under which it was granted are not fulfilled; or
b
he is satisfied that the provisions of these Regulations are not being complied with.
2
A suspension or amendment —
a
may have immediate effect if the Secretary of State considers it necessary for the protection of public or animal health; and
b
otherwise may not have effect for at least 21 days.
3
Notification of the suspension or amendment must —
a
be in writing;
b
state what it applies to;
c
state when it comes into effect;
d
give the reasons; and
e
explain the right of the person who has been notified to make written representations under regulation 36(1) to a person appointed by the Secretary of State.
4
If the suspension or amendment does not have immediate effect and representations are made under regulation 36 , it must not have effect until the final determination by the Secretary of State of the appeal unless he considers that it is necessary for the protection of public or animal health for the amendment or suspension to have effect before then.
Revocation of an approval or licence
35
1
The Secretary of State may revoke an approval or licence granted under these Regulations in whole or in part if —
a
he has notified his decision to suspend the approval or licence and the period for appeal under regulation 36 has expired;
b
he has upheld his decision to suspend following an appeal under regulation 36 ;
c
he has previously suspended the approval or licence and there is further non-compliance with these Regulations; or
d
he is satisfied that the occupier no longer uses the premises for the purpose for which a licence was granted.
2
Notification of a revocation must —
a
be in writing;
b
state what it applies to;
c
state when it comes into effect;
d
give the reasons; and
e
in the case of a revocation under paragraph (1)(c) or (1)(d), explain the right of the person who has been notified to make written representations under regulation 36(1) to a person appointed by the Secretary of State.
3
If a person does make written representations under regulation 36(1) , the revocation remains in force pending the outcome of the appeal.
Appeals
36
1
A person may make written representations to a person appointed for the purpose by the Secretary of State concerning any decision of the Secretary of State concerning —
a
the grant, suspension or revocation of an approval or licence under these Regulations,
b
the conditions to which an approval or licence is subject, or
c
any fees charged under these Regulations,
within 21 days of notification of the decision to him.
2
The Secretary of State may also make written submissions to the appointed person concerning his decision.
3
The appointed person must report in writing to the Secretary of State.
4
The Secretary of State must give to the appellant written notification of his final determination and the reasons for it.
Notice prohibiting the use of semen
37
1
If he thinks it necessary to prevent the spread of disease, an inspector may serve a notice on the owner of a bovine animal or on anyone he believes to be the owner of the bovine animal or in possession of semen from that bovine animal.
2
A notice served under paragraph (1) must —
a
prohibit the use or trade of semen collected from the bovine animal;
b
require the destruction of such semen; and
c
require the identification of any other person who may be in possession of the bovine animal or its semen.
3
If a notice served under this regulation is not complied with, an inspector may enter any premises on which he knows or suspects semen the subject of the notice to be kept and may seize the semen and arrange for the requirements of the notice to be met.
Notice concerning illegal consignments
38
1
If an inspector knows or suspects that semen has been imported from another member State in contravention of the Directive, he may serve a notice in accordance with paragraph (2) on the person appearing to him to be in charge of the semen.
2
The notice may require that person —
a
to detain semen at such place as the notice may specify;
b
to destroy semen in accordance with the requirements of the notice; or
c
to take such other action as the inspector may specify.
3
If a notice served under this regulation is not complied with, an inspector may enter any premises on which he knows or suspects semen the subject of the notice to be kept and may seize the semen and arrange for the requirements of the notice to be met.
Provision of false information
39
No person may provide any information or make any statement for the purpose of obtaining an approval or licence under these Regulations which he does not believe and have reasonable grounds to believe to be true.
Examination of bovine semen centres
40
The Secretary of State must examine all bovine semen centres at least twice a year.
Payment of fees
41
1
A fee is payable to the Secretary of State, on invoice, for —
a
an application for approval of a bovine animal under regulation 7 or 10;
b
an application for a bovine semen centre licence under regulation 4;
c
testing of a bovine animal under Part 2 of Schedule 3 or Part 2 of Schedule 5; or
d
examination of a bovine semen centre under regulation 40.
2
The fee is the sum of —
a
the travel costs of the veterinary officer and any assistant in relation to the relevant application, test or examination;
b
the costs of officials considering the relevant application, test or examination; and
c
the costs of laboratory tests on bovine animals.
3
The Secretary of State must publish on his website the figures used to calculate the fee.
Refund of fees
42
If an application under these Regulations is withdrawn before its determination, the Secretary of State must refund to the applicant such proportion of any fee paid under regulation 41 in respect of that application as the Secretary of State thinks fit, having regard to any costs reasonably incurred by him in connection with the application.
Transitional provisions
43
Licences and approvals granted under the Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985 shall continue to have effect as if they were approvals or licences granted under these Regulations in accordance with the following table, provided that, in the case of premises, the premises comply with, and are operated in accordance with, the provisions of these Regulations —
Licence and approvals under the Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985 Equivalent approval under these Regulations
Approval for use of a bull (regulation 5) Approval of a bovine animal (regulation 7) Processing licence (regulation 7(1)(a)) Processing of semen intended for intra-Community trade: licence of an EC collection centre (regulation 4(b)(i));
Processing of semen not intended for intra-Community trade: licence of a domestic collection centre (regulation 4(b)(ii)).
Storage licence (regulation 7(1)(b)) Licence of EC storage centre (regulation 4(c)(i)) or licence of domestic storage centre (regulation 4(c)(ii)).
Amendment of the Artificial Insemination (Cattle and Pigs) (Fees) Regulations 1987
44
In the Artificial Insemination (Cattle and Pigs) (Fees) Regulations 1987 —
a
in regulation 2(1), omit the definition of “the principal cattle Regulations”;
b
in regulation 3(1), for the words “Subject to paragraph (1A) below, there” substitute “There” and omit the words “the principal cattle Regulations and”;
c
omit regulation 3(1)(a);
d
omit regulation 3(1A);
e
in regulation 4, omit the words “the principal cattle Regulations or”; and
f
omit Schedule 1.
Revocations
45
1
The Regulations in Part 1 of Schedule 10 are revoked insofar as they apply in England.
2
The Regulations in Part 2 of Schedule 10 are revoked.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
4th April 2007
We approve
Dave Watts
Kevin Brennan
Two of the Lords Commissioners of Her Majesty’s Treasury
17th April 2007


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 3) Regulations 2007 and shall come into force on 16th July 2007.
Amendment of the Income Support (General) Regulations 1987
2
1
The Income Support (General) Regulations 1987 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
in the definition of “pension fund holder” —
i
for “retirement annuity contract” substitute “an occupational pension scheme”;
ii
omit “or contract”;
b
for the definition of “personal pension scheme” , substitute —
“personal pension scheme” means —
a personal pension scheme as defined by section 1 of the Pension Schemes Act 1993 ;
an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004;
a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;
;
c
omit the definition of “retirement annuity contract” ;
d
in the definition of “war widower’s pension” , for “section 315(2)(e) of the Income and Corporation Taxes Act 1988” substitute “section 641(1)(e) or (f) of the Income Tax (Earnings and Pensions) Act 2003 ”.
3
In regulation 38 (calculation of net profit of self-employed earners) , in paragraphs (1)(b)(ii), (3)(c) and (9)(b) omit “a retirement annuity contract or”.
4
In regulation 39(1) (deduction of tax and contributions for self-employed earners) —
a
for “personal relief” in each place substitute “personal allowance”;
b
for “sections 8(1) and (2) and 14(1)(a) and (2) of the Income and Corporation Taxes Act 1970” substitute “section 257(1) of the Income and Corporation Taxes Act 1988”.
5
In regulation 39D (deduction in respect of tax for participants in the self-employment route) —
a
for paragraph (1)(b) substitute —
b
the personal allowance applicable to the person receiving assistance under the self-employment route by virtue of section 257(1) of the Income and Corporation Taxes Act 1988 (personal allowance) is allowable against that income;
;
b
in paragraph (2), for “personal relief” substitute “personal allowance”.
6
In regulation 42 (notional income) —
a
in paragraph (2)(g), omit “, retirement annuity contract”;
b
in paragraph (2ZA)(a), omit “, a retirement annuity contract”;
c
for paragraph (2A), substitute —
2A
This paragraph applies where a person aged not less than 60 —
a
is entitled to money purchase benefits under an occupational pension scheme or a personal pension scheme;
b
fails to purchase an annuity with the funds available in that scheme; and
c
either —
i
defers in whole or in part the payment of any income which would have been payable to him by his pension fund holder, or
ii
fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid, or
iii
income withdrawal is not available to him under that scheme.
2AA
Where paragraph (2A) applies, the amount of any income foregone shall be treated as possessed by that person, but only from the date on which it could be expected to be acquired were an application for it to be made.
;
d
in paragraph (2B), for “to which either head (2A)(a)(i) or (ii)” substitute “where paragraph (2A)(c)(i) or (ii)”;
e
in paragraph (2C) —
i
for “to which either head (2A)(a)(iii) or sub-paragraph (2A)(b)” substitute “where paragraph (2A)(c)(iii)”;
ii
omit “or retirement annuity contract”;
f
in paragraph (8)(a) —
i
for “personal relief” in each place substitute “personal allowance”;
ii
for “sections 8(1) and (2) and 14(1)(a) and (2) of the Income and Corporation Taxes Act 1970” substitute “section 257(1) of the Income and Corporation Taxes Act 1988”.
7
In regulation 51(2)(d) (notional capital) , omit “or retirement annuity contract”.
8
In paragraph 23A of Schedule 10 (capital to be disregarded) , omit “or retirement annuity contract”.
Amendment of the Jobseeker’s Allowance Regulations 1996
3
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 1(3) (interpretation) , in the definition of “war widower’s pension” insert at the end “or a pension or allowance for a widower or surviving civil partner granted under any scheme mentioned in section 641(1)(e) or (f) of the Income Tax (Earnings and Pensions) Act 2003 ”.
3
In regulation 102(1) (deduction of tax and contributions for self-employed earners), regulation 102D (deduction in respect of tax for participants in the self-employment route) and regulation 105(15) (notional income) —
a
for “personal relief” or “personal reliefs” in each place substitute “personal allowance”;
b
for “sections 257(1), 257A(1) and 259” in each place substitute “section 257(1)”.
4
In regulation 105 (notional income) —
a
for paragraph (3), substitute —
3
This paragraph applies where a person aged not less than 60 —
a
is entitled to money purchase benefits under an occupational pension scheme or a personal pension scheme;
b
fails to purchase an annuity with the funds available in that scheme; and
c
either —
i
defers in whole or in part the payment of any income which would have been payable to him by his pension fund holder, or
ii
fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid, or
iii
income withdrawal is not available to him under that scheme.
3A
Where paragraph (3) applies, the amount of any income foregone shall be treated as possessed by that person, but only from the date on which it could be expected to be acquired were an application for it to be made.
;
b
in paragraph (4) for “to which either head (i) or (ii) of paragraph (3)(a)” substitute “where paragraph (3)(c)(i) or (ii)”;
c
in paragraph (5), for “to which either head (iii) of paragraph (3)(a), or paragraph (3)(b)” substitute “where paragraph (3)(c)(iii)”;
d
in paragraph (16) in the definition of “pension fund holder”, after “personal pension scheme” insert “or an occupational pension scheme”.
Amendment of the Housing Benefit Regulations 2006
4
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
in the definition of “pension fund holder” —
i
for “retirement annuity contract” substitute “an occupational pension scheme”, and
ii
omit “or contract”;
b
for the definition of “personal pension scheme”, substitute —
“personal pension scheme” means —
a personal pension scheme as defined by section 1 of the Pension Schemes Act 1993;
an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004;
a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;
;
c
omit the definition of “retirement annuity contract”.
3
In regulation 38(12) (calculation of net profit of self-employed earners), omit “a retirement annuity contract or”.
4
In regulation 42 (notional income) —
a
in paragraph (2)(c), omit “, retirement annuity contract”;
b
for paragraph (3) substitute —
3
This paragraph applies where a person aged not less than 60 —
a
is a member of, or a person deriving entitlement to a pension under, a personal pension scheme;
b
fails to purchase an annuity with the funds available in that scheme; and
c
either —
i
defers in whole or in part the payment of any income which would have been payable to him by his pension fund holder, or
ii
fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid, or
iii
income withdrawal is not available to him under that scheme.
3A
Where paragraph (3) applies, the amount of any income foregone shall be treated as possessed by that person, but only from the date on which it could be expected to be acquired were an application for it to be made.
;
c
in paragraph (4) for “to which either head (3)(a)(i) or (ii)” substitute “where paragraph (3)(c)(i) or (ii)”;
d
in paragraph (5) —
i
for “to which either paragraph (3)(a)(iii) or paragraph (3)(b)” substitute “where paragraph (3)(c)(iii)”;
ii
omit “or retirement annuity contract”.
5
In regulation 49(2)(d) (notional capital) , omit “, retirement annuity contract”.
6
In regulation 86 (evidence and information) —
a
in paragraph (5), omit “or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract,”;
b
in paragraphs (5)(b) and (6), omit “ or retirement annuity contract”;
c
in paragraph (7)(b)(ii), omit “or a retirement annuity contract,”.
7
In paragraph 32 of Schedule 6 (capital to be disregarded), omit “or retirement annuity contract”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
5
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
in the definition of “pension fund holder” —
i
for “retirement annuity contract” substitute “an occupational pension scheme”;
ii
omit “or contract”;
b
for the definition of “personal pension scheme”, substitute —
“personal pension scheme” means —
a personal pension scheme as defined by section 1 of the Pension Schemes Act 1993;
an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004;
a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;
;
c
omit the definition of “retirement annuity contract”.
3
In regulation 39(11) (calculation of net profit of self-employed earners), omit “a retirement annuity contract or”.
4
In regulation 41 (notional income) —
a
for paragraph (4) substitute —
4
This paragraph applies where a person aged not less than 60 —
a
is entitled to money purchase benefits under an occupational pension scheme or a personal pension scheme;
b
fails to purchase an annuity with the funds available in that scheme; and
c
either —
i
defers in whole or in part the payment of any income which would have been payable to him by his pension fund holder, or
ii
fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid, or
iii
income withdrawal is not available to him under that scheme.
4A
Where paragraph (4) applies, the amount of any income foregone shall be treated as possessed by that person, but only from the date on which it could be expected to be acquired were an application for it to be made.
;
b
in paragraph (5), for “to which either head (i) or (ii) of paragraph (4)(a)” substitute “where paragraph (4)(c)(i) or (ii)”;
c
in paragraph (6) —
i
for “to which either head (iii) of paragraph (4)(a) or paragraph (4)(b)” substitute “where paragraph (4)(c)(iii)”;
ii
omit “or retirement annuity contract”.
5
In regulation 67 (evidence and information) —
a
in paragraph (5), omit “or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract,”;
b
in paragraphs (5)(b) and (6), omit “ or retirement annuity contract”;
c
in paragraph (7)(b)(ii), omit “or a retirement annuity contract,”.
6
In Schedule 6 (capital to be disregarded), omit paragraph 25.
Amendment of the Council Tax Benefit Regulations 2006
6
1
The Council Tax Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
in the definition of “pension fund holder” —
i
for “retirement annuity contract” substitute “an occupational pension scheme”;
ii
omit “or contract”;
b
for the definition of “personal pension scheme”, substitute —
“personal pension scheme” means —
a personal pension scheme as defined by section 1 of the Pension Schemes Act 1993;
an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004;
a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;
;
c
omit the definition of “retirement annuity contract”.
3
In regulation 28(12) (calculation of net profit of self-employed earners), omit “a retirement annuity contract or”.
4
In regulation 32 (notional income) —
a
in paragraph (2)(c), omit “, retirement annuity contract”;
b
for paragraph (3) substitute —
3
This paragraph applies where a person aged not less than 60 —
a
is a member of, or a person deriving entitlement to a pension under, a personal pension scheme;
b
fails to purchase an annuity with the funds available in that scheme; and
c
either —
i
defers in whole or in part the payment of any income which would have been payable to him by his pension fund holder, or
ii
fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid, or
iii
income withdrawal is not available to him under that scheme.
3A
Where paragraph (3) applies, the amount of any income foregone shall be treated as possessed by that person, but only from the date on which it could be expected to be acquired were an application for it to be made.
;
c
in paragraph (4) for “to which either head (3)(a)(i) or (ii)” substitute “where paragraph (3)(c)(i) or (ii)”;
d
in paragraph (5) —
i
for “to which either head (3)(a)(iii) or sub-paragraph (3)(b)” substitute “where paragraph (3)(c)(iii)”;
ii
omit “or retirement annuity contract”.
5
In regulation 39(2)(d) (notional capital) , omit “, retirement annuity contract”.
6
In regulation 72 (evidence and information) —
a
in paragraph (5), omit “or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract,”;
b
in paragraphs (5)(b) and (6), omit “ or retirement annuity contract”;
c
in paragraph (7)(b)(ii), omit “or a retirement annuity contract,”.
7
In paragraph 32 of Schedule 5 (capital to be disregarded), omit “or retirement annuity contract”.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
7
1
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 is amended as follows.
2
In regulation 2(1) (interpretation) —
a
in the definition of “pension fund holder” —
i
for “retirement annuity contract” substitute “an occupational pension scheme”;
ii
omit “or contract”;
b
for the definition of “personal pension scheme”, substitute —
“personal pension scheme” means —
a personal pension scheme as defined by section 1 of the Pension Schemes Act 1993;
an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004;
a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;
;
c
omit the definition of “retirement annuity contract”.
3
In regulation 29(11) (calculation of net profit of self-employed earners), omit “a retirement annuity contract or”.
4
In regulation 31 (notional income) —
a
for paragraph (4) substitute —
4
This paragraph applies where a person aged not less than 60 —
a
is entitled to money purchase benefits under an occupational pension scheme or a personal pension scheme;
b
fails to purchase an annuity with the funds available in that scheme; and
c
either —
i
defers in whole or in part the payment of any income which would have been payable to him by his pension fund holder, or
ii
fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid, or
iii
income withdrawal is not available to him under that scheme.
4A
Where paragraph (4) applies, the amount of any income foregone shall be treated as possessed by that person, but only from the date on which it could be expected to be acquired were an application for it to be made.
;
b
in paragraph (5), for “to which either head (i) or (ii) of paragraph (4)(a)” substitute “where paragraph (4)(c)(i) or (ii)”;
c
in paragraph (6) —
i
for “to which either head (iii) of paragraph (4)(a) or paragraph (4)(b)” substitute “either paragraph (4)(c)(iii)”;
ii
omit “or retirement annuity contract”.
5
In regulation 57 (evidence and information) —
a
in paragraph (5), omit “or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract,”;
b
in paragraphs (5)(b) and (6), omit “ or retirement annuity contract”;
c
in paragraph (7)(b)(ii), omit “or a retirement annuity contract,”.
6
In Schedule 4 (capital disregards), omit paragraph 25.
Amendment of the Social Security (Credits) Regulations 1975
8
1
The Social Security (Credits) Regulations 1975 are amended as follows.
2
In regulation 2 (definitions) in paragraph (a) of the definition of “reckonable year” , after “widowed mother’s allowance,” insert “widowed parent’s allowance, bereavement benefits,”.
3
In regulation 8B(2)(a)(i) (which specifies weeks in respect of which a person is entitled to be credited with earnings in respect of incapacity for work), omit the words from “or would” to the end.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
19th June 2007


text:
1
This Order may be cited as the Value Added Tax (Special Provisions) (Amendment) Order 2007 and comes into force on 1st November 2007 in relation to the use, on or after that date, of goods or land held or used for the purposes of a business.
2
The Value Added Tax (Special Provisions) Order 1995 is amended as follows.
3
After article 10 insert —
Goods put to private use or used, or made available for use, for non-business purposes
10A
Paragraph 5(4) of Schedule 4 to the Act shall not apply to goods (including land treated as goods for the purposes of that paragraph by virtue of paragraph 9 of that Schedule) which have no economic life for the purposes of Part 15A of the Value Added Tax Regulations 1995 at the time when they are used or made available for use.
.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
10th October 2007


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) ( No. 4) Regulations 2007 and shall come into force on 24th September 2007.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
2
In regulation 3 (claims not required for entitlement to benefit in certain cases) —
a
after sub-paragraph (c) insert —
ca
in the case of a Category A retirement pension where the beneficiary —
i
is entitled to any category of retirement pension other than a Category A retirement pension; and
ii
becomes divorced or the beneficiary’s civil partnership is dissolved;
cb
in the case of a Category B retirement pension where the beneficiary —
i
is entitled to either a Category A retirement pension or to a graduated retirement benefit or to both; and
ii
marries or enters into a civil partnership;
;
b
after sub-paragraph ( d ) insert —
da
in the case of a bereavement payment where the beneficiary is over pensionable age and satisfies the conditions of entitlement under section 36(1) of the Contributions and Benefits Act ;
.
3
After regulation 6(15) insert —
15A
Paragraphs (16) to (34) shall not apply in any case where it would be advantageous to the claimant to apply the provisions of regulation 19 (time for claiming benefit.
.
4
In regulation 6(19) (date of claim) for the words from “original award”)” to “the circumstances”, substitute “original award”) has been terminated or reduced or payment under that award ceases in the circumstances” and in sub-paragraph (b) for “re-awarded,” substitute “re-awarded or becomes payable again”.
5
In regulation 6(20) —
a
after sub-paragraph (a) omit “or”;
b
at the end of sub-paragraph (b) add “or”; and
c
after sub-paragraph (b) add —
c
that the qualifying benefit has ceased to be payable in accordance with —
i
regulation 6(1) of the Social Security (Attendance Allowance) Regulations 1991 or regulation 8(1) of the Social Security (Disability Living Allowance) Regulations 1991 because the claimant is undergoing treatment as an in-patient in a hospital or similar institution, or
ii
regulation 7 of the Social Security (Attendance Allowance) Regulations 1991 or regulation 9 of the Social Security (Disability Living Allowance) Regulations 1991 because the claimant is resident in certain accommodation other than a hospital.
.
6
In regulation 6(21) —
a
for “The additional” substitute “Subject to paragraph (21A), the additional” and in sub-paragraph (a), for “and” substitute “or”; and
b
for sub-paragraph (b) substitute —
b
the qualifying benefit is re-awarded following revision, supersession or appeal; or
c
the qualifying benefit is re-awarded on a renewal claim when an award for a fixed period expires; or
d
the cessation of payment ends when the claimant leaves the hospital or similar institution or accommodation referred to in paragraph (20)(c); and
the further claim referred to in paragraph (19), is made within three months of the date on which the additional circumstances apply.
.
7
After regulation 6(21), insert —
21A
Paragraph (21) applies whether the benefit is re-awarded when the further claim is decided or following a revision of, or an appeal against, such a decision.
.
8
In regulation 6(30)(b) omit “not later than 10 working days after the termination,”.
9
In regulation 6(33) , for “Where” substitute “Subject to paragraph (34), where”.
10
After regulation 6(33) add —
34
Paragraph (33) shall not apply where the decision awarding a qualifying benefit is made in respect of a renewal claim where a fixed period award of that benefit has expired, or is due to expire.
.
11
In regulation 19 (time for claiming benefit), after paragraph (3B) insert —
3C
In any case where the application of paragraphs (16) to (34) of regulation 6 would be advantageous to the claimant, this regulation shall apply subject to those provisions.
.
12
In regulation 30(4) (payments on death), for “Paragraphs” substitute “Subject to paragraph (4B), paragraphs”.
13
After regulation 30(4A) insert —
4B
A written application is not required where —
a
an executor or administrator has not been appointed;
b
the deceased was in receipt of a retirement pension of any category or state pension credit including where any other benefit was combined for payment purposes with either of those benefits at the time of death;
c
the sum payable by way of benefit to the deceased is payable to a person who was the spouse or civil partner of the deceased at the time of death; and
d
either —
i
the spouse or civil partner and the deceased were living together at the time of death; or
ii
they would have been living together at the time of death but for the fact that either or both of them were in a residential care or a nursing home or in a hospital.
.
14
In regulation 33(1)(c) (persons unable to act) for “receiver” substitute “deputy” and after “Court of Protection” insert “under Part 1 of the Mental Capacity Act 2005 or receiver appointed under Part 7 of the Mental Health Act 1983 but treated as a deputy by virtue of the Mental Capacity Act 2005”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
3
1
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended as follows.
2
In regulation 3(5)(b) (revision of decisions), for “except in the case of a disability decision or an incapacity benefit decision where there has been an incapacity determination (whether before or after the decision)”, substitute “except in a case to which sub-paragraph (c) or (d) applies,”.
3
In regulation 3(5)(c) , at the beginning, insert “subject to sub-paragraph (d),”.
4
After regulation 3(5)(c), add —
d
where the decision is a disability benefit decision, or is an incapacity benefit decision, which was made in ignorance of, or was based upon a mistake as to, some material fact not in relation to the incapacity or disability determination embodied in or necessary to the incapacity benefit decision or disability benefit decision, and as a result of that ignorance of, or mistake as to that fact, the decision was more advantageous to the claimant than it would otherwise have been but for the ignorance or mistake,
.
5
After regulation 3(5A) insert —
5B
A decision by the Secretary of State under section 8 or 10 awarding incapacity benefit may be revised at any time if —
a
it incorporates a determination that the condition in regulation 28(2)(b) of the Social Security (Incapacity for Work) (General) Regulations 1995 (conditions for treating a person as incapable of work until the personal capability assessment is carried out) is satisfied;
b
the condition referred to in sub-paragraph (a) was not satisfied at the time when the further claim was first determined; and
c
there is a period before the award which falls to be decided.
.
6
In regulation 7(2)(bc) (date from which a decision superseded under section 10 takes effect), at the beginning, insert “subject to sub-paragraph (bd),”.
7
After regulation 7(2)(bc) add —
bd
sub-paragraph (bc) shall only apply to the disabled person whose benefit is affected by the cessation of payment of carer’s allowance;
.
8
In regulation 7A(1) (definitions for the purposes of regulations 3(5)(c), 6(2)(g), 7(2)(c) and (5) and ancillary provisions), in the definition of “incapacity benefit decision”, at the end, add “or an award of long term incapacity benefit under regulation 17(1) (transitional awards of long-term incapacity benefit) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 ”.
9
In Schedule 3B, paragraph 6 , (date on which change of circumstances takes effect where claimant entitled to state pension credit) for “Social Security (Hospital In-Patients) Regulations 1975 ” substitute “Social Security (Hospital In-Patients) Regulations 2005 ”.
Amendment of the Housing Benefit Regulations 2006
4
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 79(1) (date on which change of circumstances is to take effect) for the words from “either regulation 34” to “subject to” substitute “regulation 34 (disregard of changes in tax, contributions, etc ) applies, and subject to regulation 8(3) of the Decisions and Appeals Regulations and”.
3
In regulation 79(2) for “, except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies,” substitute “and regulation 8(3) of the Decisions and Appeals Regulations”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
5
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 59(1) (date on which change of circumstances is to take effect) for the words from “of these Regulations” to “subject to” substitute “applies, and subject to regulation 8(3) of the Decisions and Appeals Regulations and”.
3
In regulation 59(2) for “, except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies,” substitute “and regulation 8(3) of the Decisions and Appeals Regulations”.
Amendment of the Council Tax Benefit Regulations 2006
6
1
The Council Tax Benefit Regulations 2006 are amended as follows.
2
In regulation 67(1) (date on which change of circumstances is to take effect) for the words from “, or regulation” to “subject to” substitute “applies, and subject to regulation 8(3) of the Decisions and Appeals Regulations, and”.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
7
1
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 50(1) (date on which change of circumstances is to take effect) for the words from “, or regulation” to “subject to” substitute “applies, and subject to regulation 8(3) of the Decisions and Appeals Regulations, and”.
Revocations
8
Regulations 7(2A) (decisions superseding earlier decisions) and 8(12) and (13) (date from which a decision superseding an earlier decision takes effect) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 are revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
22nd August 2007


text:
Citation and commencement
1
1
— These Regulations may be cited as the Home Information Pack (Revocation) Regulations 2007.
2
These Regulations shall come into force on 31 st May 2007.
Revocation of the Home Information Pack Regulations 2006 and the Home Information Pack Regulations 2007
2
The Home Information Pack Regulations 2006 and the Home Information Pack Regulations 2007 are revoked.
Yvette Cooper
Minister of State
Department for Communities and Local Government
24th May 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 3) Regulations 2007 and shall come into force on 6th April 2006.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 2001 .
Amendment of the principal Regulations
2
1
The principal Regulations shall be amended as follows.
2
In paragraph 1(1) of Schedule 5 (elections about securities options, restricted securities and convertible securities) after paragraph (d) insert —
dd
a statement that it does not apply in relation to any liability, or any part of any liability, arising as a result of regulations being given retrospective effect by virtue of section 4B(2) of either the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
.
3
The amendment made by paragraph (2) does not affect the continuing validity of any election made prior to the coming into force of these Regulations, but subject to section 5(4) of the National Insurance Contributions Act 2006.
Mike Eland
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
4th April 2007


text:
Citation, extent, commencement and interpretation
1
1
These Regulations may be cited as the Smoke-free (Penalties and Discounted Amounts) Regulations 2007.
2
These Regulations extend to England and Wales.
3
These Regulations come into force in England on 1st July 2007 and in Wales on 2nd April 2007.
4
In these Regulations —
“level” means a level on the standard scale;
“Schedule 1” means Schedule 1 to the Health Act 2006; and
“section” means a section of that Act.
Penalties and discounted amounts
2
1
Level 3 is specified for the purposes of section 6(8) (no-smoking sign offences).
2
Level 1 is specified for the purposes of section 7(6) (offence of smoking in a smoke-free place).
3
Level 4 is specified for the purposes of section 8(7) (offence of failing to prevent smoking in a smoke-free place).
4
In respect of an offence alleged under section 6(5) —
a
the amount of the penalty specified for the purposes of paragraph 5 of Schedule 1 is £200;
b
the discounted amount specified for the purposes of paragraph 8 of Schedule 1 is £150.
5
In respect of an offence alleged under section 7(2) —
a
the amount of the penalty specified for the purposes of paragraph 5 of Schedule 1 is £50;
b
the discounted amount specified for the purposes of paragraph 8 of Schedule 1 is £30.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State,
Department of Health
7th March 2007


text:
Citation and commencement
1
1
This Order may be cited as the Mental Capacity Act 2005 (Transfer of Proceedings) Order 2007.
2
This Order shall come into force on 1st October 2007.
3
In this Order “the Children Act ” means the Children Act 1989 .
Transfers from the Court of Protection to a court having jurisdiction under the Children Act
2
1
This article applies to any proceedings in the Court of Protection which relate to a person under 18.
2
The Court of Protection may direct the transfer of the whole or part of the proceedings to a court having jurisdiction under the Children Act where it considers that in all the circumstances, it is just and convenient to transfer the proceedings.
3
In making a determination, the Court of Protection must have regard to —
a
whether the proceedings should be heard together with other proceedings that are pending in a court having jurisdiction under the Children Act;
b
whether any order that may be made by a court having jurisdiction under that Act is likely to be a more appropriate way of dealing with the proceedings;
c
the need to meet any requirements that would apply if the proceedings had been started in a court having jurisdiction under the Children Act; and
d
any other matter that the court considers relevant.
4
The Court of Protection —
a
may exercise the power to make an order under paragraph (2) on an application or on its own initiative; and
b
where it orders a transfer, must give reasons for its decision.
5
Any proceedings transferred under this article —
a
are to be treated for all purposes as if they were proceedings under the Children Act which had been started in a court having jurisdiction under that Act; and
b
are to be dealt with after the transfer in accordance with directions given by a court having jurisdiction under that Act.
Transfers from a court having jurisdiction under the Children Act to the Court of Protection
3
1
This article applies to any proceedings in a court having jurisdiction under the Children Act which relate to a person under 18.
2
A court having jurisdiction under the Children Act may direct the transfer of the whole or part of the proceedings to the Court of Protection where it considers that in all circumstances, it is just and convenient to transfer the proceedings.
3
In making a determination, the court having jurisdiction under the Children Act must have regard to —
a
whether the proceedings should be heard together with other proceedings that are pending in the Court of Protection;
b
whether any order that may be made by the Court of Protection is likely to be a more appropriate way of dealing with the proceedings;
c
the extent to which any order made as respects a person who lacks capacity is likely to continue to have effect when that person reaches 18; and
d
any other matter that the court considers relevant.
4
A court having jurisdiction under the Children Act —
a
may exercise the power to make an order under paragraph (2) on an application or on its own initiative; and
b
where it orders a transfer, must give reasons for its decision.
5
Any proceedings transferred under this article —
a
are to be treated for all purposes as if they were proceedings under the Mental Capacity Act 2005 which had been started in the Court of Protection; and
b
are to be dealt with after the transfer in accordance with directions given by the Court of Protection.
Avoidance of double liability for fees
4
Any fee paid for the purpose of starting any proceedings that are transferred under article 2 or 3 is to be treated as if it were the fee that would have been payable if the proceedings had started in the court to which the transfer is made.
Sir Mark Potter
President
25th June 2007
Falconer of Thoroton, C
25th June 2007


text:
Citation, commencement, interpretation
1
1
These Regulations may be cited as the Social Security Investigation Powers (Arrangements with Northern Ireland) Regulations 2007 and shall come into force on 1st March 2007.
2
In these Regulations, “the 1992 Act” means the Social Security Administration Act 1992 .
Amendment of Schedule 2 to the Social Security (Northern Ireland Reciprocal Arrangements) Regulations 1976
2
1
The Social Security (Northern Ireland Reciprocal Arrangements) Regulations 1976 are amended as follows.
2
In Part I of Schedule 2 (adaptations of certain provisions of the Social Security Act 1975) —
a
in column 1, omit the reference to section 144(2) of the Social Security Act 1975;
b
in column 2, omit the reference to section 135(2) of the Social Security (Northern Ireland Act) 1975; and
c
in column 3, omit “Powers of inspectors”.
Single system of investigation powers; adaptations to the 1992 Act
3
1
The arrangements for a single system of social security investigation powers in Great Britain and Northern Ireland set out in the Memorandum reproduced in Schedule 1 shall have effect in Great Britain.
2
The 1992 Act shall have effect subject to such adaptations as may be required for the purpose of giving effect to those arrangements.
3
In particular (and without prejudice to the generality of paragraph (2) and so far as may be required for the purpose mentioned in that paragraph) —
a
an act, omission or event referred to in a provision of the Northern Ireland legislation specified in column 2 of the table in Schedule 2 shall be deemed to be an act, omission or event under the provision of the 1992 Act specified in the corresponding paragraph of column 1 of that table; and
b
in the provisions specified in column 1 of that table —
i
references to the Secretary of State shall be construed as including references to the Department for Social Development in Northern Ireland, and
ii
references to an authority administering housing benefit or council tax benefit shall be construed as including the Northern Ireland Housing Executive.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
5th February 2007


text:
1
This Order may be cited as the Criminal Justice and Public Order Act 1994 (Commencement No. 14) Order 2007.
2
Section 165 of the Criminal Justice and Public Order Act 1994 shall come into force on 6th April 2007.
Malcolm Wicks
Minister for Science and Innovation
Department of Trade and Industry
27th February 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Mobile Roaming (European Communities) Regulations 2007 and shall come into force on 30th July 2007.
2
In these Regulations —
“ the Act ” means the Communications Act 2003 ;
“the EU Mobile Roaming Regulation ” means the Regulation (EC) No 717/2007 of the European Parliament and of the Council of 27th June 2007 on roaming on public mobile telephone networks within the Community and amending Directive 2002/21/ EC ;
“ OFCOM ” means the Office of Communications as established by the Office of Communications Act 2002 ;
“ the Tribunal ” means the Competition Appeal Tribunal; and
“ Tribunal rules ” means rules made under section 15 of the Enterprise Act 2002 .
National Regulatory Authority
2
OFCOM shall be the national regulatory authority for the purposes of the EU Mobile Roaming Regulation.
Notification of breach
3
1
Where OFCOM determine that there are reasonable grounds for believing that a person is breaching, or has breached, an obligation under the EU Mobile Roaming Regulation or regulation 13, they may give that person a notification under this regulation.
2
A notification under this regulation is one which —
a
sets out the determination made by OFCOM;
b
specifies the obligation and the breach in respect of which that determination has been made; and
c
specifies a reasonable period during which the person notified has an opportunity of making representations about the matters notified.
3
A notification under this regulation —
a
may be given in respect of more than one breach; and
b
if it is given in respect of a continuing breach, may be given in respect of any period during which the breach has continued.
4
Where a notification under this regulation has been given to a person in respect of a breach of an obligation under the EU Mobile Roaming Regulation or regulation 13, OFCOM may give a further notification in respect of the same breach of that obligation if, and only if —
a
the breach is one occurring after the time of the giving of the earlier notification;
b
the breach is a continuing breach and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates; or
c
the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified breach.
Penalties for breach
4
1
This regulation applies where —
a
a person (the “notified provider”) has been given a notification under regulation 3;
b
OFCOM have allowed the notified provider a reasonable period for making representations about the matters notified; and
c
the period allowed for the making of the representations has expired.
2
OFCOM may impose a penalty on the notified provider if he has, in one or more of the respects notified, been in breach of an obligation under the EU Mobile Roaming Regulation or regulation 13 of these Regulations.
3
Where a notification under regulation 3 relates to more than one breach, a separate penalty may be imposed in respect of each breach.
4
Where such a notification relates to a continuing breach, no more than one penalty may be imposed in respect of the period of breach specified in the notification.
5
Where OFCOM impose a penalty on a person under this regulation, they shall —
a
within one week of making their decision to impose the penalty, notify that person of that decision and of their reasons for that decision; and
b
in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.
6
A penalty imposed under this section —
a
must be paid to OFCOM; and
b
if not paid within the period fixed by them, is to be recoverable by them accordingly.
Amount of penalty under regulation 4
5
1
The amount of a penalty imposed under regulation 4 shall be such amount, in the case of a breach of Article 7(4) of the EU Mobile Roaming Regulation not exceeding £50,000, and in the case of any other breach of that Regulation or breach of regulation 13, not exceeding ten per cent of the turnover of the notified provider’s relevant business for the relevant period, as OFCOM determine to be —
a
appropriate; and
b
proportionate to the breach in respect of which it is imposed.
2
In making that determination OFCOM must have regard to any representations made to them by the notified provider.
3
For the purposes of this regulation the turnover of a person’s relevant business for a period shall be calculated in accordance with regulation 6.
4
In this regulation and regulation 6 —
“notified provider” has the same meaning as in regulation 4;
“relevant business” means so much of any business carried on by the notified provider as consists in the provision of terrestrial public mobile telephony services;
“relevant period” means —
except in a case falling within subparagraphs (b) or (c), the period of one year ending with the 31st March next before the time when notification of the breach was given under regulation 3;
in the case of a person who at that time has been carrying on that business for a period of less than a year, the period, ending with that time, during which he has been carrying it on; and
in the case of a person who at that time has ceased to carry on that business, the period of one year ending with the time when he ceased to carry it on.
Calculation of turnover of notified provider’s relevant business
6
1
The turnover of a notified provider shall be calculated in conformity with accounting practices and principles which are generally accepted in the United Kingdom.
2
The turnover of a notified provider shall be limited to the amounts derived by that provider from the relevant business after deduction of sales rebates, value added tax and other taxes directly related to turnover.
3
When a notified provider’s relevant business consists of two or more undertakings that each prepare accounts then the turnover shall be calculated by adding together the turnover of each, save that no account shall be taken of any turnover resulting from the supply of goods or the provision of services between them.
4
Any aid (within the meaning of Article 87 of the EEC Treaty) granted by a public body to a notified provider which relates to one of that provider’s ordinary activities shall be included in the calculation of turnover if the notified provider is himself the recipient of the aid and if the aid is directly linked to the carrying out by that provider of the relevant business.
Reference of disputes to OFCOM
7
1
One or more of the parties to a dispute between different communications providers relating to obligations laid down in the EU Mobile Roaming Regulation may refer the dispute to OFCOM.
2
A reference made under this regulation is to be made in such manner as OFCOM may require.
3
The way in which a requirement under paragraph (2) —
a
is to be imposed; or
b
may be withdrawn or modified,
is by a notice published in such manner as OFCOM consider appropriate for bringing the requirement, withdrawal or modification to the attention of the persons who, in their opinion are likely to be affected by it.
4
Requirements imposed under paragraph (3) may make different provision for different cases.
5
In this regulation “communications provider” has the same meaning as in section 405(1) of the Act.
Action by OFCOM on dispute reference
8
1
This regulation applies where a dispute is referred to OFCOM under and in accordance with regulation 7.
2
OFCOM must decide whether or not it is appropriate for them to handle the dispute.
3
Unless they consider —
a
that there are alternative means available for resolving the dispute;
b
that a resolution of the dispute by those means would be consistent with the Community requirements set out in section 4 of the Act; and
c
that a prompt and satisfactory resolution of the dispute is likely if those alternative means are used for resolving it,
their decision must be a decision that it is appropriate for them to handle the dispute.
4
As soon as reasonably practicable after OFCOM have decided —
a
that it is appropriate for them to handle the dispute; or
b
that it is not,
they must inform each of the parties to the dispute of their decision and of their reasons for it.
5
The notification must state the date of the decision.
6
Where —
a
OFCOM decide that it is not appropriate for them to handle the dispute; but
b
the dispute is not resolved by other means before the end of the four months after the day of OFCOM’s decision,
the dispute may be referred back to OFCOM by one or more of the parties to the dispute.
Legal proceedings about referred disputes
9
1
Where a dispute is referred to OFCOM under regulation 7 or referred back to OFCOM under regulation 8(6), the reference is not to prevent —
a
the person making it;
b
another party to the dispute;
c
OFCOM; or
d
any other person,
from bringing, or continuing, any legal proceedings with respect to any of the matters under dispute.
2
Nor is the reference under regulation 7 or reference back under regulation 8(6) of a dispute to prevent OFCOM from —
a
giving a notification in respect of something that they have reasonable grounds for believing to be a breach of an obligation imposed by the EU Mobile Roaming Regulation or by or under any enactment;
b
exercising any of their powers under the EU Mobile Roaming Regulation or any enactment in relation to a breach of such an obligation; or
c
taking any other step in preparation for, or with a view to doing, anything mentioned in the preceding sub-paragraphs.
3
If, in any legal proceedings with respect to a matter to which a dispute relates, the court orders the handling of the dispute by OFCOM to be stayed or sisted —
a
OFCOM are required to make a determination for resolving the dispute only if the stay or sist is lifted or expires; and
b
the period during which the stay or sist is in force must be disregarded in determining the period within which OFCOM are required to make such a determination.
4
Paragraph (1) is subject to regulation 12(7) and to any agreement to the contrary binding the parties to the dispute.
5
In this regulation “legal proceedings” means civil or criminal proceedings in or before a court.
Procedure for resolving disputes
10
1
This regulation applies where —
a
OFCOM have decided under regulation 8(2) that it is appropriate for them to handle a dispute; or
b
a dispute is referred back to OFCOM under regulation 8(6).
2
OFCOM must —
a
consider the dispute; and
b
make a determination for resolving it.
3
The procedure for the consideration and determination of the dispute is to be the procedure that OFCOM consider appropriate.
4
In the case of a dispute referred back to OFCOM under regulation 8(6), that procedure may involve allowing the continuation of a procedure that has already been begun for resolving the dispute by alternative means.
5
Except in exceptional circumstances and subject to regulation 9(3), OFCOM must make their determination no more than four months after the following day —
a
in a case falling within paragraph (1)(a), the day of the decision by OFCOM that it is appropriate for them to handle the dispute; and
b
in a case falling within paragraph (1)(b), the day on which the dispute is referred back to them.
6
Where it is practicable for OFCOM to make their determination before the end of the four month period, they must make it as soon in that period as practicable.
7
OFCOM must —
a
send a copy of their determination, together with a full statement of their reasons for it, to every party to the dispute; and
b
publish so much of their determination as (having regard, in particular, to the need to preserve commercial confidentiality) they consider it appropriate to publish.
8
The publication of information under this regulation must be in such manner as OFCOM consider appropriate for bringing it to the attention, to the extent that they consider appropriate, of members of the public.
Disputes involving other member States
11
1
This section applies where it appears to OFCOM that a dispute referred to them under regulation 7 or referred back to them under regulation 8(6) relates partly to a matter falling within the jurisdiction of the regulatory authorities of another member State.
2
A dispute relates to matters falling within the jurisdiction of the regulatory authorities of another member State to the extent that —
a
it relates to the carrying on of activities by one or both of the parties to the dispute in more than one member State or to activities carried on by different parties to the dispute in different member States; and
b
the activities to which the dispute relates, so far as they are carried on in another member State, are carried on in the member State for which those authorities are the regulatory authorities.
3
For the purposes of paragraph (2) the activities that are carried on in a member State include anything done by means of an electronic communications network, or part of such a network, which is situated in that member State.
4
Before taking any steps under these Regulations in relation to the reference or the dispute, OFCOM must consult the other regulatory authorities within whose jurisdiction the matter falls.
5
It shall be the duty of OFCOM to secure that steps taken in relation to the reference or dispute (whether taken by them or by the other regulatory authorities) are, so far as practicable, agreed between OFCOM and those authorities.
6
Accordingly, regulation 10 is to have effect in relation to the reference as if the period for making a determination which is specified in paragraph (5) of that regulation were such period (if any) as may be agreed between —
a
OFCOM; and
b
the other regulatory authorities within whose jurisdiction the matter falls.
7
In this regulation —
a
references, in relation to a dispute, to the regulatory authorities of other member States are references to such of the authorities of the other member States as have been notified under Directive 2002/21/EC of the European Parliament and of the Council 7 March 2002 on a common regulatory framework for electronic communications networks and services (“the Framework Directive”) to the European Commission as the regulatory authorities of those States for the purposes of the matters to which the dispute relates;
b
“electronic communications network” has the same meaning as in section 32(1) of the Act.
Resolution of referred disputes
12
1
Where OFCOM make a determination for resolving a dispute referred to them under regulation 7 or referred back to them under regulation 8(6), their only powers are those conferred by this regulation.
2
Their main power is to do one or more of the following —
a
to make a declaration setting out the rights and obligations of the parties to the dispute;
b
to give a direction fixing the terms or conditions of transactions between the parties to the dispute;
c
to give a direction imposing an obligation, enforceable by the parties to the dispute, to enter into a transaction between themselves on the terms and conditions fixed by OFCOM; and
d
for the purpose of giving effect to a determination by OFCOM of the proper amount of a charge in respect of which amounts have been paid by one of the parties to the dispute to the other, to give a direction, enforceable by the party to whom the sums are to be paid, requiring the payment of sums by way of adjustment of an underpayment or overpayment.
3
Nothing in this regulation prevents OFCOM, in consequence of their consideration under these Regulations of any dispute, from exercising any of the powers mentioned in section 190(4) of the Act.
4
In the case of a dispute referred back to OFCOM under regulation 8(6) —
a
OFCOM may, in making their determination, take account of decisions already made by others in the course of an attempt to resolve the dispute by alternative means; and
b
the determination made by OFCOM may include provision ratifying decisions so made.
5
Where OFCOM make a determination for resolving a dispute, they may require a party to the dispute —
a
to make payments to another party to the dispute in respect of costs and expenses incurred by that other party in consequence of the reference of the dispute to OFCOM, or in connection with it; and
b
to make payments to OFCOM in respect of costs and expenses incurred by them in dealing with the dispute.
6
OFCOM are not, under paragraph (5)(b), to require payments to be made to them by a party to the dispute except where it appears to OFCOM that the reference of the dispute by that party was frivolous or vexatious or that that party has otherwise abused the right of reference conferred by these Regulations.
7
A determination made by OFCOM for resolving a dispute referred under regulation 7 or referred back to them under regulation 8(6) binds all the parties to the dispute.
8
Paragraph (7) is subject to regulation 14.
Other dispute resolution
13
1
Undertakings subject to obligations under the EU Mobile Roaming Regulation shall ensure that —
a
existing procedures for the resolution of disputes for the time being approved by OFCOM under section 54 of the Act are available to their end-users in connection with the EU Mobile Roaming Regulation; or
b
procedures are established for the resolution of disputes in connection with the EU Mobile Roaming Regulation which are available to their end-users and approved by OFCOM and in determining whether to give such approval OFCOM shall comply with the provisions of section 54 of the Act as if that section applied to the approval of dispute procedures for the purposes of this sub-paragraph as it applies to the approval of dispute procedures for the purposes of section 52 of the Act; or
c
where procedures for the resolution of disputes have been established by OFCOM under section 55 of the Act, they comply with those procedures as if they extended to their end-users.
2
In this regulation “end user” has the same meaning as in section 151 of the Act.
Appeals against decisions by OFCOM
14
1
A person affected by a decision by OFCOM under the EU Mobile Roaming Regulation or these Regulations may appeal against it to the Tribunal.
2
The means of making an appeal is by sending the Tribunal a notice of appeal in accordance with Tribunal rules.
3
The notice of appeal must be sent within the period specified, in relation to the decision appealed against, in those rules.
4
The notice of appeal must set out —
a
the provision under which the decision appealed against was taken; and
b
the grounds of appeal.
5
The grounds of appeal must be set out in sufficient detail to indicate —
a
to what extent (if any) the appellant contends that the decision appealed against was based on an error of fact or was wrong in law or both; and
b
to what extent (if any) the appellant is appealing against the exercise of a discretion by OFCOM.
6
In this regulation references to a decision —
a
include references to a decision that is given effect to by the exercise or performance of a power or duty conferred or imposed by the EU Mobile Roaming Regulations or these Regulations; but
b
include references to a failure to make a decision, and to a failure to exercise a power or to perform a duty, only where the failure constitutes a failure to comply with any form of request to make the decision, exercise the power or perform the duty;
and references in the following regulations to a decision appealed against are to be construed accordingly.
7
For the purposes of this regulation and the following regulations a decision to which effect is given by the exercise or performance of a power or duty conferred or imposed by the EU Mobile Roaming Regulation or these regulations, shall be treated, except where provision is made for the making of that decision at a different time, as made at the time when the power is exercised or the duty performed.
Decisions of the Tribunal
15
1
The Tribunal shall dispose of an appeal under regulation 14 in accordance with this regulation.
2
The Tribunal shall decide the appeal on the merits and by reference to the grounds of appeal set out in the notice of appeal.
3
The Tribunal’s decision must include a decision as to what (if any) is the appropriate action for OFCOM to take in relation to the subject-matter of the decision under appeal.
4
The Tribunal shall then remit the decision under appeal to OFCOM with such directions (if any) as the Tribunal considers appropriate for giving effect to its decision.
5
The Tribunal must not direct OFCOM to take any action which OFCOM would not otherwise have power to take in relation to the decision under appeal.
6
It shall be the duty of OFCOM to comply with every direction given under paragraph (4).
7
In any document recording the decision of the Tribunal under this regulation, the Tribunal shall have regard to the need for excluding, so far as practicable, commercial information the disclosure of which would or might, in its opinion, significantly harm the legitimate business interests of any person to whom it relates.
Appeals from the Tribunal
16
1
A decision of the Tribunal on an appeal under regulation 15 may itself be appealed.
An appeal under this regulation —
a
lies to the Court of Appeal or to the Court of Session; and
b
must relate only to a point of law arising from the decision of the Tribunal.
2
An appeal under this regulation may be brought by —
a
a party to the proceedings before the Tribunal; or
b
any other person who has sufficient interest in the matter.
3
An appeal under this regulation requires the permission of the Tribunal or of the Court to which it is to be made.
4
In this regulation references to a decision of the Tribunal include references to a direction given by it under regulation 15(4).
Stephen Timms
Minister of State for competitiveness and Consumer Affairs
Department for Business, Enterprise and Regulatory Reform
5th July 2007


text:
Citation commencement and interpretation
1
1
These Regulations may be cited as the Landfill Tax (Amendment) Regulations 2007 and come into force on 1 st April 2007.
2
In these Regulations —
“the Principal Regulations ” means the Landfill Tax Regulations 1996 ;
“the 2003 Regulations ” means the Landfill Tax (Amendment) Regulations 2003 .
Amendment of regulation 31 of the Principal Regulations
2
In regulation 31(3) of the Principal Regulations (entitlement to credit) for “6.7” substitute “6.6”.
Amendment of regulation 33A of the Principal Regulations
3
1
Amend regulation 33A of the Principal Regulations (obligations of approved bodies) as follows.
2
After paragraph (1)(a) insert —
aa
comply with such conditions as the regulatory body may impose from time to time under regulation 34(1)(aa) (including any conditions varied under regulation 34(1)(ab));
.
3
In paragraph (1)(f) for “transfer to it or by it” substitute “transfer by that approved body”.
4
In paragraph (1)(f)(ii) omit “, or as the case may require, to”.
5
After paragraph (1)(h) insert —
ha
submit to the regulatory body at its request, not later than the day specified in paragraph (3), so many of the following details as it requires at any time during the relevant period —
i
qualifying contributions and any other income or profit whatsoever received by it during the period,
ii
any expenditure made by it during the period, and
iii
any balances held during the period;
hb
if the Commissioners are performing the functions specified in regulation 34(1) instead of the regulatory body, submit, at their request, not later than the day specified in paragraph (3), so many of the following details as they may require at any time during the relevant period —
i
qualifying contributions and any other income or profit whatsoever received by it during the period,
ii
any expenditure made by it during the period, and
iii
any balances held during the period;
.
6
For paragraph (1)(i) substitute —
i
submit to the regulatory body at its request, not later than the day specified in paragraph (3), independently audited financial accounts for the approved body’s last financial year; but such a request may not be made earlier than 10 months following the end of that financial year; and
.
7
For paragraph (2) substitute —
2
For the purposes of paragraphs (1)(h), (1)(ha) and (1hb) the relevant period in respect of an approved body is —
a
in the case of the first such period, the period commencing with the date on which the body was approved and ending on the following 31st March; and
b
in the case of subsequent periods, the period of 12 months commencing with the day after the end of the first or, as the case may require, a subsequent period.
.
8
After paragraph (2) insert —
3
The day referred to in paragraphs (1)(ha), (1)(hb) and (1)(i) is the fourteenth day following the day on which a request is made.
4
Where an approved body submits details in accordance with a request made under paragraph (1)(ha) or paragraph (1)(hb) the requirement in paragraph (1)(h) shall not apply in respect of those details.
.
Amendment of regulation 34 of the Principal Regulations
4
1
Amend regulation 34 of the 1996 Regulations (functions of the regulatory body) as follows.
2
After paragraph (1)(a) insert —
aa
may —
i
at the time a body is approved, or
ii
subsequently, by notice delivered to that body,
impose such conditions as it sees fit;
ab
may, by notice delivered to a body, vary or revoke any condition of the approval;
.
3
At the end of paragraph (1)(j) omit “and”.
4
At the end of paragraph (1)(k) insert “; and”.
5
After paragraph (1)(k) insert —
l
shall comply with such conditions as the Commissioners may impose from time to time under regulation 35(1)(aa) (including any conditions varied under regulation 35(1)(ab)).
.
Amendment of regulation 35 of the Principal Regulations
5
1
Amend regulation 35 of the 1996 Regulations (functions of the Commissioners) as follows.
2
After paragraph (1)(a) insert —
aa
may —
i
at the time the body is approved, or
ii
subsequently, by notice delivered to that body,
impose such conditions as they see fit;
ab
may, by notice delivered to the body, vary or revoke any condition of the approval;
.
Revocation of regulation 6 of the 2003 Regulations with saving
6
1
Omit regulation 6 of the 2003 Regulations.
2
Regulation 6 of the 2003 Regulations (saving for contributions made before 1st April 2003) shall continue to have effect with respect to a qualifying contribution that was made, or treated as made, before 1st April 2003 if, but only if, the condition specified in paragraph (3) is satisfied.
3
The condition referred to in paragraph (2) is that the approved body to which such a qualifying contribution was given or transferred is required to spend that contribution on one or more of the objects described in paragraph (4) pursuant to a written agreement made before the coming into force of these Regulations.
4
The objects referred to in paragraph (3) are —
a
for the purpose of encouraging the use of more sustainable waste management practices —
i
research and development
ii
education; or
iii
collection and dissemination of information about waste management practices generally;
b
for the purpose of encouraging the development of products from waste or the development of markets for recycled waste —
i
research and development
ii
education; or
iii
collection and dissemination of information about the development of products from waste or the development of markets for recycled waste.
5
In paragraph 4(a) “waste management practices” includes waste minimisation, minimisation of pollution and harm from waste, reuse of waste, waste recovery activities and the clearing of pollutants from contaminated land.
Paul Gray
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
22nd March 2007