text:
PART 1 PRELIMINARY
Title, commencement and application
1
These Regulations —
a
may be cited as the Official Feed and Food Controls (England) Regulations 2007;
b
come into force on 14th December 2007; and
c
apply in relation to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990 ;
“ the Agency ” means the Food Standards Agency;
“authorised officer” —
in relation to a competent authority, means any person (whether or not an officer of the authority) who is authorised by the authority in writing for the purposes of regulation 14; and
in relation to a relevant enforcement authority, means any person (whether or not an officer of the authority) who is authorised by the authority in writing, either generally or specially, to act in matters arising under Part 2 of these Regulations in relation to its enforcement responsibilities under regulation 17;
“competent authority” means an authority which, by virtue of regulation 3, is designated for the purposes of any of the provisions of Regulation 882/2004;
“Directive 2004/41”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005” and “Regulation 2076/2005” have the meanings respectively given to them in Schedule 1;
“feed authority” means the authority required by section 67(1) of the Agriculture Act 1970 to enforce that Act within its area or district as the case may be;
“food authority” has the meaning it bears by virtue of section 5(1) of the Act, except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple);
“the Import Provisions” means Part 3 of these Regulations and Articles 15 to 24 of Regulation 882/2004;
“the Official Control Regulations ” means these Regulations and Regulation 882/2004;
“premises” includes any establishment, any place, vehicle, stall or moveable structure and any ship or aircraft;
“primary production” has the meaning it bears in Regulation 852/2004;
“relevant enforcement authority” means a body which, by virtue of regulation 17, is made responsible for executing and enforcing any provision of Part 2 of these Regulations;
“relevant feed law” has the meaning given to it in Schedule 2; and
“relevant food law” has the meaning given to it in Schedule 3.
2
Subject to paragraph (3), any expression other than one defined in paragraph (1) that is used both in these Regulations and in the Act has the meaning it bears in the Act.
3
Unless the contrary intention appears, any expression used both in these Regulations and in Regulation 178/2002 or Regulation 882/2004 has the meaning it bears in Regulation 178/2002 or Regulation 882/2004, as the case may be.
4
Where any functions under the Act are assigned —
a
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 , to a port health authority;
b
by an order under section 6 of the Public Health Act 1936 , to a joint board for a united district; or
c
by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985 , to a single authority for a metropolitan county,
any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.
PART 2 MAIN PROVISIONS
Competent authorities
3
1
Subject to paragraphs (2) and (5), any body specified in Column 1 of Schedule 4 is designated as a competent authority for the purposes of the provisions of Regulation 882/2004 indicated in the corresponding entry in Column 2 of that Schedule in so far as those provisions apply in relation to relevant feed law.
2
Where the feed authority is designated as a competent authority pursuant to paragraph (1) the designation shall extend to its area or district only, as the case may be.
3
Subject to paragraphs (4) to (6), any body specified in Column 1 of Schedule 5 is designated as a competent authority for the purposes of the provisions of Regulation 882/2004 indicated in the corresponding entry in Column 2 of that Schedule in so far as those provisions apply in relation to relevant food law.
4
Where the food authority is designated as a competent authority pursuant to paragraph (3) the designation shall extend to its area only.
5
Where the Agency is designated as a competent authority pursuant to paragraph (1) or (3) for the purposes of Article 31(1) of Regulation 882/2004, the designation shall extend only to the operations in respect of which the Agency executes and enforces the Food Hygiene (England) Regulations 2006 by virtue of regulation 5(1)(a) of those Regulations.
6
Where the Agency is designated as a competent authority pursuant to paragraph (3) for the purposes of Article 31(2) of Regulation 882/2004, the designation shall extend, as regards Article 31(2)(a) to (e), only to those operations in respect of which the Agency executes and enforces the Food Hygiene (England) Regulations 2006 by virtue of regulation 5(2) of those Regulations.
Exchanging and providing information
4
1
For the purposes of enabling competent authorities, other OFFC authorities and member States to fulfil the obligations placed upon them by Regulation 882/2004 competent authorities may exchange among themselves or provide to other OFFC authorities any information received by them in the execution and enforcement of relevant feed law or relevant food law.
2
For the purpose of executing and enforcing relevant feed law or relevant food law, competent authorities may exchange among themselves any information received by them in the execution and enforcement of such law.
3
For the purposes of facilitating the execution and enforcement of relevant feed law or relevant food law in Wales, Northern Ireland and Scotland, competent authorities may share information received by them in the execution and enforcement of relevant feed law or relevant food law with the bodies that execute and enforce such law in those countries.
4
Paragraphs (1), (2) and (3) are without prejudice to any other power of competent authorities to disclose information by or under Community legislation.
5
For the purposes of this regulation, “other OFFC authorities” means authorities designated in the United Kingdom as competent authorities for the purposes of Regulation 882/2004 other than the competent authorities designated under these Regulations.
Obtaining information
5
1
For the purpose of enabling competent authorities and member States to fulfil the obligations placed on them by Regulation 882/2004 and for the purpose of executing and enforcing relevant feed law or relevant food law, a competent authority may require a control body —
a
to provide the competent authority with any information which it has reasonable cause to believe the control body is able to give; and
b
to make available to the competent authority for inspection by it any records which it has reasonable cause to believe are held by the control body or are otherwise within its control (and, if they are kept in computerised form, to make them available in a legible form).
2
The competent authority may copy any records made available to it under paragraph (1)(b).
3
A person who —
a
fails without reasonable excuse to comply with any requirement imposed under paragraph (1); or
b
in purported compliance with such a requirement furnishes information which he knows to be false or misleading in any material particular or recklessly furnishes information which is false or misleading in any material particular,
is guilty of an offence.
4
For the purposes of paragraph (1), the term “control body” includes any member, officer or employee of a control body.
Power to issue codes of recommended practice
6
1
For the guidance of feed authorities and food authorities the Secretary of State may issue codes of recommended practice as regards —
a
functions conferred upon those authorities in their capacity as competent authorities by or under Regulation 882/2004; or
b
the execution and enforcement of the Import Provisions;
and any such code shall be laid before Parliament after being issued.
2
The Agency may, after consulting the Secretary of State, give a feed authority or food authority a direction requiring them to take any specified steps in order to comply with a code issued under this regulation.
3
In exercise of the functions conferred on them as competent authorities by or under Regulation 882/2004 and in their execution and enforcement of the Import Provisions, every feed authority and food authority —
a
shall have regard to any relevant provision of any such code; and
b
shall comply with any direction which is given under this regulation and requires them to take any specified steps in order to comply with such a code.
4
Any direction under paragraph (2) shall, on the application of the Agency, be enforceable by mandatory order.
5
The Agency shall consult the Secretary of State before making an application under paragraph (4).
6
Before issuing any code under this regulation, the Secretary of State shall have regard to any relevant advice given by the Agency.
Monitoring of enforcement action
7
1
The Agency has the function of monitoring the performance of enforcement authorities in enforcing relevant audit legislation.
2
That function includes, in particular, setting standards of performance (whether for enforcement authorities generally or for particular authorities) in relation to the enforcement of any relevant audit legislation.
3
Each annual report of the Agency shall contain a report on its activities during the year in enforcing any relevant audit legislation for which it is the enforcement authority and its performance in respect of —
a
any standards under paragraph (2) that apply to those activities; and
b
any objectives relating to those activities that are specified in the statement of objectives and practices under section 22 of the Food Standards Act 1999 .
4
The Agency may make a report to any other enforcement authority on their performance in enforcing any relevant audit legislation and such a report may include guidance as to action which the Agency considers would improve that performance.
5
The Agency may direct an authority to which such a report has been made —
a
to arrange for the publication in such manner as may be specified in the direction of, or of specified information relating to, the report; and
b
within such period as may be so specified to notify the Agency of what action they have taken or propose to take in response to the report.
6
Section 19 of the Food Standards Act 1999 shall apply in relation to information obtained through monitoring under this regulation as if it were information obtained through monitoring under section 12 of that Act.
Power to request information relating to enforcement action
8
1
For the purpose of carrying out its function under regulation 7 in relation to any enforcement authority the Agency may require a person mentioned in paragraph (2) —
a
to provide the Agency with any information which it has reasonable cause to believe that person is able to give; or
b
to make available to the Agency for inspection any records which it has reasonable cause to believe are held by that person or otherwise within his control (and, if they are kept in computerised form, to make them available in a legible form).
2
A requirement under paragraph (1) may be imposed on —
a
the enforcement authority or any member, officer or employee of the authority; or
b
a person subject to any duty under relevant audit legislation (being a duty enforceable by an enforcement authority) or any officer or employee of such a person.
3
The Agency may copy any records made available to it in pursuance of a requirement under paragraph (1)(b).
Power of entry for persons monitoring enforcement action
9
1
The Agency may authorise any individual (whether a member of its staff or otherwise) to exercise the powers specified in paragraph (4) for the purpose of carrying out its function under regulation 7 in relation to any enforcement authority.
2
No authorisation under this regulation shall be issued except in pursuance of a decision taken by the Agency itself or by a committee, sub–committee or member of the Agency acting on behalf of the Agency.
3
An authorisation under this regulation shall be in writing and may be given subject to any limitations or conditions specified in the authorisation (including conditions relating to hygienic precautions to be taken while exercising powers in pursuance of the authorisation).
4
An authorised person may —
a
enter any premises mentioned in paragraph (5) at any reasonable hour in order to inspect the premises or anything which may be found on them;
b
take samples of any articles or substances found on such premises;
c
inspect and copy any records found on such premises (and, if they are kept in computerised form, require them to be made available in a legible form);
d
require any person present on such premises to provide him with such facilities, such records or information and such other assistance as he may reasonably request.
5
The premises which may be entered by an authorised person are —
a
any premises occupied by the enforcement authority;
b
any laboratory or similar premises at which work related to the enforcement of any relevant legislation has been carried out for the enforcement authority; and
c
any other premises (not being a private dwelling–house) which the authorised person has reasonable cause to believe are premises in respect of which the enforcement powers of the enforcement authority are (or have been) exercisable.
6
The power to enter premises conferred on an authorised person includes power to take with him any other person he may consider appropriate.
7
An authorised person shall on request —
a
produce his authorisation before exercising any powers under paragraph (4); and
b
provide a document identifying any sample taken, or documents copied, under those powers.
8
If a person who enters any premises by virtue of this regulation discloses to any person any information obtained on the premises with regard to any trade secret he is, unless the disclosure is made in the performance of his duty, guilty of an offence.
9
Where the Agency is the enforcement authority in relation to relevant audit legislation this regulation applies in relation to the Agency in respect of its performance in enforcing those provisions, with the omission of paragraph (5)(a).
10
In this regulation “authorised person” means a person authorised under this regulation.
Meaning of “enforcement authority” and related expressions
10
1
In regulations 7 to 9 “relevant audit legislation” means relevant feed law and relevant food law in respect of which the Agency is designated as a competent authority pursuant to paragraphs (1) and (3) respectively of regulation 3 but does not include “relevant legislation” as defined in section 15 of the Food Standards Act 1999.
2
In regulations 7 to 9 “enforcement authority” means the authority by whom relevant audit legislation is to be enforced and includes the Agency itself if by virtue of that legislation it is the enforcement authority in relation to it but does not include the European Commission; and “enforcement” in relation to relevant audit legislation includes the execution of any provisions of that legislation.
3
Any reference in regulations 7 to 9 (however expressed) to the performance of an enforcement authority in enforcing any relevant audit legislation includes a reference to the capacity of that authority to enforce it.
Offences relating to regulations 8 and 9
11
A person who —
a
intentionally obstructs a person exercising powers under paragraph (4)(a), (b) or (c) of regulation 9;
b
fails without reasonable excuse to comply with any requirement imposed under paragraph (1) of regulation 8 or paragraph (4)(d) of regulation 9; or
c
in purported compliance with such a requirement furnishes information which he knows to be false or misleading in any material particular or recklessly furnishes information which is false or misleading in any material particular,
is guilty of an offence.
Right of appeal
12
1
Any person who is aggrieved by a decision of the competent authority taken in respect of an establishment subject to approval under Article 4(2) of Regulation 853/2004 pursuant to —
a
Article 31(2)(c) of Regulation 882/2004 (approval);
b
Article 31(2)(d) of Regulation 882/2004 (conditional approval and full approval); or
c
Article 31(2)(e) of Regulation 882/2004 (withdrawal of approval and suspension of approval),
may appeal to a magistrates’ court.
2
The procedure on an appeal to a magistrates’ court under paragraph (1) shall be by way of complaint for an order, and the Magistrates’ Courts Act 1980 shall apply to the proceedings.
3
The period within which an appeal under paragraph (1) may be brought shall be one month from the date on which notice of the decision was served on the person desiring to appeal and the making of a complaint for an order shall be deemed for the purposes of this paragraph to be the bringing of the appeal.
4
Where on an appeal under paragraph (1) a magistrates’ court determines that the decision of the competent authority is incorrect, the authority shall give effect to the determination of the court.
5
Where an approval is refused or withdrawn, the food business operator who, immediately before such refusal or withdrawal, had been using the establishment concerned may continue to use it, subject to any conditions imposed by the competent authority for the protection of public health, unless —
a
the time for appealing against the decision to refuse or withdraw the approval has expired without an appeal having been lodged; and
b
where an appeal against that decision has been lodged, the appeal has been finally disposed of or abandoned.
6
Nothing in paragraph (5) shall permit an establishment to be used for a food business if —
a
a hygiene prohibition order, a hygiene emergency prohibition notice or a hygiene emergency prohibition order has been imposed in relation to the establishment;
b
a prohibition order, an emergency prohibition notice, an emergency prohibition order or an emergency control order has been imposed in relation to the establishment pursuant to section 11, 12 or 13 of the Act;
c
the approval of the establishment has been suspended pursuant to Article 31(2)(e) of Regulation 882/2004; or
d
the establishment is prevented from operating following the service of a remedial action notice.
7
In this regulation each of the terms “hygiene prohibition order”, “hygiene emergency prohibition notice”, “hygiene emergency prohibition order” and “remedial action notice” has the meaning that it bears in the Food Hygiene (England) Regulations 2006.
Appeal to Crown Court against dismissal of appeal under regulation 12(1)
13
A person who is aggrieved by the dismissal by a magistrates’ court of an appeal to it under regulation 12(1) may appeal to the Crown Court.
Staff of competent authority of another member State
14
An authorised officer of a competent authority may take with him a member of staff of the competent authority of another member State for the purpose of conducting an administrative enquiry under Article 36 of Regulation 882/2004.
Commission experts
15
1
When an enforcing officer enters premises for the purposes of executing and enforcing official controls he may take with him a Commission expert to enable that expert to carry out functions under Article 45 of Regulation 882/2004.
2
In paragraph (1) and in paragraph (5)(b) of regulation 17 “enforcing officer” means an authorised officer of any authority which is responsible for executing and enforcing official controls for the verification of compliance with relevant feed law or relevant food law.
Prohibition on disclosure of trade secrets
16
If a person enters any premises by virtue of regulation 14 or 15 and discloses to any person any information obtained on the premises with regard to any trade secret he is, unless the disclosure is made in the performance of his duty, guilty of an offence.
Execution and enforcement
17
1
The authority responsible for executing and enforcing paragraph (3) of regulation 5 shall be the competent authority who imposed the requirement on the control body concerned under paragraph (1) of that regulation.
2
The authority responsible for executing and enforcing paragraph (8) of regulation 9 and regulation 11 shall be the Agency.
3
The authority responsible for executing and enforcing regulation 16 shall be the authority whose officer took the person who made the disclosure on to the premises concerned.
4
The authority responsible for executing and enforcing paragraph (8) of regulation 18 shall be the authority who authorised the person who entered the premises and disclosed the information.
5
The authority responsible for executing and enforcing regulation 19 shall–
a
where the offence relates to the execution of regulation 14, be the competent authority whose authorised officer took with him a member of staff of the competent authority of another member State;
b
where the offence relates to the execution of regulation 15, be the authority whose enforcing officer took with him a Commission expert; and
c
where the offence relates to the execution of regulation 18, be the relevant enforcement authority whose authorised officer exercised powers under that regulation.
Powers of entry
18
1
An authorised officer of a relevant enforcement authority other than the Agency shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours —
a
to enter any premises within the authority’s area or as the case may be district for the purpose of ascertaining whether there is or has been on the premises a contravention of any provision of this Part of these Regulations for which that authority has enforcement responsibility pursuant to regulation 17; and
b
to enter any premises, whether within or outside the authority’s area or as the case may be district, for the purpose of ascertaining whether there is on the premises any evidence of such a contravention within that area or district,
but admission to any premises used only as a private dwelling–house shall not be demanded as of right unless 24 hours’ notice of the intended entry has been given to the occupier.
2
An authorised officer of the Agency shall, on producing if so required some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises for the purpose of —
a
ascertaining whether there is or has been on the premises a contravention of any provision of this Part of these Regulations for which the Agency has enforcement responsibility pursuant to regulation 17; and
b
ascertaining whether there is on the premises any evidence of such a contravention,
but admission to any premises used only as a private dwelling–house shall not be demanded as of right unless 24 hours’ notice of the intended entry has been given to the occupier.
3
If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry onto any premises for any such purpose as is mentioned in paragraph (1) or (2) and either —
a
that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or
b
that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is temporarily absent,
the justice may by warrant signed by him authorise the authorised officer to enter the premises, if need be by reasonable force.
4
Every warrant granted under this regulation shall continue in force for a period of one month.
5
An authorised officer entering any premises by virtue of this regulation, or of a warrant issued under it, may take with him such other persons as he considers necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as he found them.
6
An authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, may inspect any records (in whatever form they are held) and, where any such records are stored in any electronic form —
a
may have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and
b
may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.
7
Any officer exercising any power conferred by paragraph (6) may —
a
seize and detain any records which he has reason to believe may be required as evidence in proceedings under any of the provisions of this Part of these Regulations; and
b
where the records are stored in any electronic form, require the records to be produced in a form in which they may be taken away.
8
If any person who enters any premises by virtue of this regulation, or of a warrant issued under it, discloses to any person any information obtained by him on the premises with regard to any trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.
9
Nothing in this regulation authorises any person, except with the permission of the local authority under the Animal Health Act 1981 , to enter any premises —
a
on which an animal or bird affected with any disease to which that Act applies is kept; and
b
which is situated in a place declared under that Act to be infected with such a disease.
Obstruction etc. of officers
19
1
Any person who —
a
intentionally obstructs any person acting in the execution of regulation 14, 15 or 18; or
b
without reasonable cause, fails to give to any person acting in the execution of regulation 14, 15 or 18 any assistance or information which that person may reasonably require of him for the performance of his functions under those regulations,
shall be guilty of an offence.
2
Any person who, in purported compliance with any such requirement as is mentioned in paragraph (1)(b) —
a
furnishes information which he knows to be false or misleading in a material particular; or
b
recklessly furnishes information which is false or misleading in a material particular,
shall be guilty of an offence.
3
Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Penalties
20
1
A person guilty of an offence under paragraph (8) of regulation 18 shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both.
2
A person guilty of an offence under paragraph (3) of regulation 5, paragraph (8) of regulation 9, regulation 11 or regulation 16 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
A person guilty of an offence under regulation 19 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
Time limit for prosecutions
21
No prosecution for an offence under paragraph (8) of regulation 18 shall be begun after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor,
whichever is the earlier.
PART 3 OFFICIAL CONTROLS ON FEED AND FOOD OF NON–ANIMAL ORIGIN FROM THIRD COUNTRIES
Interpretation of this Part of these Regulations
22
In this Part of these Regulations —
“authorised officer”, in relation to an enforcement authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under the Import Provisions;
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
“enforcement authority” means the feed authority or the food authority;
“feed” does not include additives of a type mentioned in Article 6(1)(e) of or paragraph 4(d) of Annex I to Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition or any premixture consisting solely of a combination of such additives;
“outside England enforcement authority” means the body responsible for enforcing the legislation in force with respect to imported products in any part of the United Kingdom except England;
“product” means feed or food whose import is regulated by Article 15 of Regulation 882/2004 (official controls on feed and food of non–animal origin not included in the scope of Council Directive 97/78/ EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries ) and includes those composite products and foodstuffs which are not required to be subject to veterinary checks as provided in Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/ EEC and 97/78/EC ; and
“the relevant territories” means the territories referred to in Annex I to Regulation 882/2004.
Feed enforcement responsibilities
23
It shall be the responsibility of each feed authority to execute and enforce the Import Provisions in its area or district as the case may be in relation to feed.
Food enforcement responsibilities
24
It shall be the responsibility of each food authority to execute and enforce the Import Provisions in its area in relation to food.
Functions of the Commissioners
25
The Commissioners shall carry out the functions given to customs services under Article 24 of Regulation 882/2004 in relation to feed and food.
Deferred execution and enforcement
26
1
Where —
a
a product from a third country has entered England;
b
customs examination of that product has been completed or has been deferred until it reaches its place of destination elsewhere in the United Kingdom;
c
an authorised officer of the enforcement authority for the place of entry has on reasonable grounds issued an authorisation confirming that —
i
examination of the product for the purposes of the Import Provisions should be deferred until the product arrives at its destination elsewhere in England, or
ii
such examination should take place when the product arrives at its destination elsewhere in the United Kingdom under legislation with respect to imported products in force there; and
d
a person importing the product gives that authorised officer an undertaking in writing as to the matters specified in paragraph (2),
the enforcement authority for the place in which the destination is located, if in England, shall become responsible for enforcing and executing the Import Provisions with respect to that product once it arrives there.
2
The undertaking shall —
a
state the destination of the product; and
b
confirm that —
i
the container containing the product has been sealed and will not be opened until it has reached that destination,
ii
the opening of the container has been authorised by the enforcement authority for the place in which the destination is located, if it is in England or the outside England enforcement authority if the destination is not in England, and
iii
the container will be available at that destination for examination under the Import Provisions or, as the case may be, legislation with respect to imported products in force elsewhere in the United Kingdom.
3
Where an authorised officer of an enforcement authority issues an authorisation pursuant to paragraph (1)(c), he shall —
a
(if the product’s place of destination is within England) notify the enforcement authority for that place or (if the product’s place of destination is in any other part of the United Kingdom) notify the outside England enforcement authority —
i
that the product (so described as to enable it to be identified) has not been examined under the Import Provisions, and
ii
if customs examination of the product has been deferred, of that fact; and
b
send the relevant authority a copy of any undertaking given pursuant to paragraph (1)(d).
4
Where a product has been sent to a destination in England from another part of the British Islands and examination of that product has been deferred under legislation with respect to imported products in force there, the enforcement authority for the place of destination shall become responsible for enforcing and executing the Import Provisions with respect to that product once it arrives in England.
5
No person shall breach an undertaking given under paragraph (1)(d).
Prohibition on introduction of certain feed and food
27
1
The following are prohibited —
a
the introduction into England from a third country of specified feed that fails to comply with feed safety requirements;
b
the introduction into England from elsewhere in the relevant territories of specified feed that originates in a third country and fails to comply with feed safety requirements;
c
the introduction into England from a third country of specified food that fails to comply with —
i
food safety requirements, or
ii
the requirements of Articles 3 to 6 of Regulation 852/2004; and
d
the introduction into England from elsewhere in the relevant territories of specified food that originates in a third country and fails to comply with —
i
food safety requirements, or
ii
the requirements of Articles 3 to 6 of Regulation 852/2004.
2
In this regulation —
a
“specified feed” means feed that is a product; and
b
“specified food” means food that is a product.
Checks on products
28
1
The person responsible for introducing any product into England shall permit an authorised officer of an enforcement authority to carry out checks in relation to the product pursuant to Article 16 of Regulation 882/2004.
2
When an authorised officer is carrying out checks in relation to a product pursuant to Article 16 of Regulation 882/2004, the person introducing the product shall provide the facilities and assistance which the authorised officer reasonably requires to carry them out.
3
When an authorised officer of an enforcement authority is carrying out an identity check or a physical check on a product in accordance with Article 16 of Regulation 882/2004 he shall be entitled to require that the check takes place at a specified place.
Detention, destruction, special treatment, re–dispatch and other appropriate measures and costs
29
1
An enforcement authority shall have the power to do anything that a competent authority may do under Articles 18 to 21 and 24(3) of Regulation 882/2004 if the conditions set out in those Articles are fulfilled.
2
The enforcement authority shall be the competent authority for the purposes of Article 22 of Regulation 882/2004.
Notices pursuant to Articles 18 and 19 of Regulation 882/2004 (imports of feed and food from third countries)
30
1
If an authorised officer of an enforcement authority proposes to place a consignment of feed or food under official detention under Article 18 or 19(1) of Regulation 882/2004 he shall serve a notice to that effect on the feed or food business operator, as the case may be, responsible for it.
2
If an authorised officer of an enforcement authority proposes to take any of the measures referred to in Article 19(1)(a) or (b) of Regulation 882/2004 in respect of feed or food he shall serve a notice to that effect on the feed or food business operator, as the case may be, responsible for it after he has heard that feed or food business operator as provided in Article 19.
3
If an authorised officer of an enforcement authority proposes to take any action referred to in Article 19(2) of Regulation 882/2004 in respect of feed or food he shall serve a notice to that effect on the feed or food business operator, as the case may be, responsible for it.
Right of appeal in respect of notices served under regulation 30
31
1
Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve a notice under regulation 30 may appeal to a magistrates’ court.
2
The procedure on an appeal to a magistrates’ court under paragraph (1) shall be by way of complaint for an order, and the Magistrates’ Courts Act 1980 shall apply to the proceedings.
3
The period within which an appeal under paragraph (1) may be brought shall be one month from the date on which the notice was served on the person desiring to appeal and the making of a complaint for an order shall be deemed for the purposes of this paragraph to be the bringing of the appeal.
4
Where on an appeal under paragraph (1) a magistrates’ court determines that the decision of the authorised officer of the enforcement authority is incorrect, the authority shall give effect to the determination of the court.
Appeal to Crown Court against dismissal of appeal under regulation 31
32
A person who is aggrieved by the dismissal by a magistrates’ court of an appeal to it under regulation 31(1) may appeal to the Crown Court.
Serious risk to animal or public health
33
1
Where the Secretary of State or the Agency learns or has reasonable grounds to suspect that any food or feed that has been or may be introduced into England from a third country is likely to constitute a serious risk to animal or public health, they each have the power to issue a written declaration suspending or imposing conditions on the introduction into England of any product from the whole or any part of that third country.
2
Such a declaration shall be published in such manner as the person who issued it thinks fit and shall specify the product and the third country or part thereof concerned.
3
A declaration which imposes conditions on the introduction of any product from a third country or part thereof shall specify those conditions.
4
Where a declaration is in force suspending the introduction of any product, no person shall introduce that product into England if it originates in the third country or part thereof specified in the declaration.
5
Where a declaration is in force imposing conditions on the introduction of any product, no person shall introduce that product into England if it originates in the third country or part thereof specified in the declaration unless the product complies with conditions specified in the declaration.
6
A declaration may be modified, suspended or revoked by a further written declaration published, so far as is practicable, in the same manner and to the same extent as the original declaration.
Costs
34
The costs incurred by the enforcement authority for which the feed or food business operator or its representative is liable under Article 22 of Regulation 882/2004 shall be payable by the feed or food business operator or its representative on the written demand of the enforcement authority.
Procurement by authorised officers of samples with regard to food
35
An authorised officer of a food authority may, for the purposes of the execution and enforcement by that authority of the Import Provisions —
a
purchase a sample of any food, or any substance capable of being used in the preparation of food;
b
take a sample of any food, or any such substance, which —
i
appears to him to be intended for placing on the market or to have been placed on the market, for human consumption, or
ii
is found by him on or in any premises which he is authorised to enter by or under regulation 37;
c
take a sample from any food source, or a sample of any contact material, which is found by him on or in any such premises; and
d
take a sample of any article or substance which is found by him on or in any such premises and which he has reason to believe may be required as evidence in proceedings under any of the provisions of the Import Provisions.
Analysis etc. of samples
36
1
An authorised officer of a food authority who has procured a sample under regulation 35 shall —
a
if he considers that the sample should be analysed, submit it to be analysed by a public analyst;
b
if he considers that the sample should be examined, submit it to be examined by a food examiner.
2
A person, other than such an officer, who has purchased any food, or any substance capable of being used in the preparation of food, may submit a sample of it —
a
to be analysed by the public analyst for the area in which the purchase was made; or
b
to be examined by a food examiner.
3
If, in any case where a sample is proposed to be submitted for analysis under this regulation, the office of public analyst for the area in question is vacant, the sample shall be submitted to the public analyst for some other area.
4
If, in any case where a sample is proposed to be or is submitted for analysis or examination under this regulation, the food analyst or examiner determines that he is for any reason unable to perform the analysis or examination, the sample shall be submitted or, as the case may be, sent by him to such other food analyst or examiner as he may determine.
5
A food analyst or examiner shall analyse or examine as soon as practicable any sample submitted or sent to him under this regulation, but may, except where —
a
he is the public analyst for the area in question; and
b
the sample is submitted to him for analysis by an authorised officer of a food authority,
demand in advance the payment of such reasonable fee as he may require.
6
Any food analyst or examiner who has analysed or examined a sample shall give to the person by whom it was submitted a certificate specifying the result of the analysis or examination.
7
Any certificate given by a food analyst or examiner under paragraph (6) shall be signed by him, but the analysis or examination may be made by any person acting under his direction.
8
In any proceedings under the Import Provisions, the production by one of the parties —
a
of a document purporting to be a certificate given by a food analyst or examiner under paragraph (6); or
b
of a document supplied to him by the other party as being a copy of such a certificate,
shall be sufficient evidence of the facts stated in it unless, in a case falling within sub–paragraph (a), the other party requires that the food analyst or examiner shall be called as a witness.
9
Any reference in this regulation to a public analyst for a given area shall, where two or more public analysts have been appointed for that area, be construed as a reference to either or any of them.
10
The Food Safety (Sampling and Qualifications) Regulations 1990 shall apply in relation to a sample procured by an authorised officer of a food authority under regulation 35 as if it were a sample procured by an authorised officer under section 29 of the Act.
11
The certificate given by a food analyst or examiner under paragraph (6) shall be in the form set out in Schedule 3 to the Food Safety (Sampling and Qualifications) Regulations 1990.
Powers of entry of authorised officers of a food authority
37
1
An authorised officer of a food authority shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours —
a
to enter any premises within the authority’s area for the purpose of ascertaining whether there is or has been on the premises any contravention of the provisions of the Import Provisions in relation to food;
b
to enter any premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any such contravention within that area; and
c
to enter any premises for the purpose of the performance by the authority of their functions under the Import Provisions,
but admission to any premises used only as a private dwelling–house shall not be demanded as of right unless 24 hours’ notice of the intended entry has been given to the occupier.
2
If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry onto any premises for any such purpose as is mentioned in paragraph (1) and either —
a
that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or
b
that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is temporarily absent,
the justice may by warrant signed by him authorise the authorised officer to enter the premises, if need be by reasonable force.
3
Every warrant granted under this regulation shall continue in force for a period of one month.
4
An authorised officer entering any premises by virtue of this regulation, or of a warrant issued under it, may take with him such other persons as he considers necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as he found them.
5
An authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, may inspect any records (in whatever form they are held) relating to a food business and, where any such records are stored in any electronic form —
a
may have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and
b
may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.
6
Any officer exercising any power conferred by paragraph (5) may —
a
seize and detain any records which he has reason to believe may be required as evidence in proceedings under any of the provisions of the Import Provisions; and
b
where the records are stored in any electronic form, require the records to be produced in a form in which they may be taken away.
7
If any person who enters any premises by virtue of this regulation, or of a warrant issued under it, discloses to any person any information obtained by him on the premises with regard to any trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.
8
Nothing in this regulation authorises any person, except with the permission of the local authority under the Animal Health Act 1981, to enter any premises —
a
on which an animal or bird affected with any disease to which that Act applies is kept; and
b
which is situated in a place declared under that Act to be infected with such a disease.
Obstruction etc. of officers (imports)
38
1
Any person who —
a
intentionally obstructs any person acting in the execution of the Import Provisions; or
b
without reasonable cause, fails to give to any person acting in the execution of the Import Provisions any assistance or information which that person may reasonably require of him for the performance of his functions under the Import Provisions,
shall be guilty of an offence.
2
Any person who, in purported compliance with any such requirement as is mentioned in paragraph (1)(b) —
a
furnishes information which he knows to be false or misleading in a material particular; or
b
recklessly furnishes information which is false or misleading in a material particular,
shall be guilty of an offence.
3
Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences and penalties
39
1
Any person who —
a
contravenes or fails to comply with paragraph (5) of regulation 26 or paragraph (4) or (5) of regulation 33;
b
contravenes any of the prohibitions in paragraph (1) of regulation 27;
c
to the extent that contravention or failure to comply with regulation 28 does not constitute an offence under regulation 38, contravenes or fails to comply with regulation 28; or
d
fails to comply with a notice served upon him under the Import Provisions,
shall be guilty of an offence.
2
Subject to paragraph (3), a person guilty of an offence under this Part of these Regulations shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both.
3
A person guilty of an offence under regulation 38 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
Time limit for prosecutions (imports)
40
No prosecution for an offence under this Part of these Regulations which is punishable under regulation 39(2) shall be begun after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor,
whichever is the earlier.
PART 4 RECOVERY OF EXPENSES
Expenses arising from additional official controls
41
Expenses charged by a competent authority to an operator pursuant to Article 28 of Regulation 882/2004 shall be payable by the operator on the written demand of the competent authority.
Expenses arising in respect of co-ordinated assistance and follow-up by the Commission
42
Expenses charged by a competent authority to a feed or food business pursuant to Article 40(4) of Regulation 882/2004 shall be payable by the feed or food business on the written demand of the competent authority.
PART 5 ENFORCEMENT AND SUPPLEMENTARY PROVISIONS
Offences due to fault of another person
43
Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first–mentioned person.
Defence of due diligence
44
1
In any proceedings for an offence under these Regulations, it shall, subject to paragraph (2), be a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
2
If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the accused shall not, without leave of the court, be entitled to rely on that defence unless —
a
at least seven clear days before the hearing; and
b
where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
Offences by bodies corporate
45
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
In paragraph (1)(a) “director”, in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.
Offences by Scottish partnerships
46
Where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he, as well as the partnership shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.
Protection of officers acting in good faith
47
1
An officer of a relevant body is not personally liable in respect of any act done by him —
a
in the execution or purported execution of the Official Control Regulations; and
b
within the scope of his employment,
if he did that act in the honest belief that his duty under the Official Control Regulations required or entitled him to do it.
2
Nothing in paragraph (1) shall be construed as relieving any relevant body of any liability in respect of the acts of its officers.
3
Where an action has been brought against an officer of a relevant body in respect of an act done by him —
a
in the execution or purported execution of the Official Control Regulations; but
b
outside the scope of his employment,
the body may indemnify him against the whole or a part of any damages which he has been ordered to pay or any costs which he may have incurred if it is satisfied that he honestly believed that the act complained of was within the scope of his employment.
4
In so far as a food authority is a relevant body for the purposes of this regulation, a public analyst appointed by a food authority shall be treated for the purposes of this regulation as being an officer of the authority, whether or not his appointment is a whole–time one.
5
In this regulation “relevant body” means a body acting as —
a
a competent authority;
b
an enforcement authority as defined in regulation 22; or
c
a relevant enforcement authority.
Service of documents
48
1
Any document which is required or authorised under these Regulations to be served on a person may be served —
a
by delivering it to that person;
b
in the case of an incorporated company or body, by delivering it to their secretary at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office; or
c
in the case of any other person, by leaving it or sending it in a prepaid letter addressed to him at his usual or last known residence.
2
Where a document is to be served on the occupier of any premises under these Regulations and it is not reasonably practicable to ascertain the name and address of the person on whom it should be served, or the premises are unoccupied, the document may be served by addressing it to the person concerned in the capacity of “occupier” of the premises (naming them), and —
a
by delivering it to some other person at the premises; and
b
if there is no other person at the premises to whom it can be delivered, by affixing it or a copy of it to some conspicuous part of the premises.
Revocation
49
The Official Feed and Food Controls (England) Regulations 2006 are revoked.
Signed by authority of the Secretary of State for Health
Dawn Primarolo
Minister of State,
Department of Health
6th November 2007


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Armed Forces Act 2006 (Commencement No. 1) Order 2007.
2
The following provisions of the Armed Forces Act 2006 shall come into force on 4 th June 2007 —
1
section 378(1), in so far as it gives effect to paragraphs 28, 100(a), 146(1) (in so far as it relates to paragraphs 146(2) and 146(3)), 146(2), 146(3), 147, 149, 170, 171(1) (in so far as it relates to paragraph 171(2)(a)), 171(2)(a), 172, 173, 174, 175(1) (in so far as it relates to paragraphs 175(2)(c) and 175(4)), 175(2)(c), 175(4) and 187(a) of Schedule 16 to the Armed Forces Act 2006;
2
sections 379 and 381.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
Date 10th May 2007


text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pension Schemes (Levy Ceiling) Order 2007.
2
This Order shall come into force —
a
for the purposes of this article and article 2, on 31st March 2007; and
b
for the purposes of article 3 on, 1st April 2007.
The levy ceiling
2
For the purposes of section 177 of the Pensions Act 2004 (amounts to be raised by the pension protection levies), the levy ceiling for the financial year beginning on 1st April 2007 is £804,450,000.
Revocation of the Occupational Pension Schemes (Levy Ceiling) Order 2006
3
The Occupational Pension Schemes (Levy Ceiling) Order 2006 is revoked.
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
23rd March 2007


text:
Citation and commencement
1
These Regulations may be cited as the Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007 and come into force on 1st April 2007.
Amendment of the Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003
2
The Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003 are amended as follows —
a
in regulation 1 (interpretation) —
i
omit the definition of “Commission”; and
ii
insert in the appropriate place the following definition —
“ Chief Inspector ” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;
;
b
in regulation 3(2)(a) and (b) (statement of purpose) for “Commission” substitute “Chief Inspector”;
c
in regulation 4(b)(i) and (ii) (review of statement of purpose) for “Commission” substitute “Chief Inspector”;
d
in regulation 24G(3)(a) (records with respect to services) for “Commission” substitute “Chief Inspector”;
e
in regulation 24K(1A)(b) (notifiable events) for “Commission” substitute “Chief Inspector”.
Amendment of the Adoption Agencies Regulations 2005
3
In regulation 2 (interpretation) of the Adoption Agencies Regulations 2005 in the definition of “registration authority” for “the Commission for Social Care Inspection” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
Amendment of the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005
4
In regulation 2 (interpretation) of the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005 in the definition of “registration authority” for “the Commission for Social Care Inspection” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
Amendment of the Child Minding and Day Care (Suspension of Registration) (England) Regulations 2003
5
In regulation 2 (interpretation) of the Child Minding and Day Care (Suspension of Registration) (England) Regulations 2003 in the definition of “Chief Inspector” for “Her Majesty’s Chief Inspector of Schools in England” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
Amendment of the Day Care and Child Minding (Disqualification) (England) Regulations 2005
6
The Day Care and Child Minding (Disqualification) (England) Regulations 2005 are amended as follows —
a
in regulation 3(1) (interpretation) —
i
omit the definition of “HMCI”; and
ii
insert in the appropriate place the following definition —
“the Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;
;
b
in regulation 9 (waivers) for “HMCI” substitute “the Chief Inspector” in each place where it occurs;
c
in regulation 11 (appeals) for “HMCI” substitute “the Chief Inspector”.
Amendment of the Education (Induction Arrangements for School Teachers) (Consolidation) (England) Regulations 2001
7
In regulation 8(2)(a)(ii) (schools in which an induction period may be served) of the Education (Induction Arrangements for School Teachers) (Consolidation) (England) Regulations 2001 for the words “Her Majesty’s Inspectors of Schools in England” substitute “Her Majesty’s Inspectors of Education, Children’s Services and Skills”.
Amendment of the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001
8
In regulation 24(1) (restriction on disclosure of statements) of the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 for sub-paragraph (i) substitute —
i
to Her Majesty’s Chief Inspector of Education, Children’s Services and Skills, exercising the right to inspect and take copies of a statement in accordance with section 10(1)(e) of the Education Act 2005 and section 140(2)(a) of the Education and Inspections Act 2006
.
Amendment of the National Care Standards Commission (Registration) Regulations 2001
9
The National Care Standards Commission (Registration) Regulations 2001 are amended as follows —
a
in regulation 2 (interpretation) omit the definition of “Commission”;
b
for “Commission” substitute “registration authority” in each place where it occurs in the following provisions —
i
regulations 3, 4, 5, 6, 7(1)(b), 8(1), 9, 10, 11(2), 12(2) and (4), 13, 14, 15(2) and (5); and
ii
paragraphs 4 and 10 of Schedule 2 and paragraphs 12 and 13 of Schedule 3.
Amendment of the Fostering Services Regulations 2002
10
The Fostering Services Regulations 2002 are amended as follows —
a
in regulation 2 (interpretation) —
i
omit the definition of “Commission”; and
ii
insert in the appropriate place the following definition —
“Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;
;
b
for “Commission” substitute “Chief Inspector” in each place where it occurs in the following provisions —
i
regulations 3, 4(b), 5(2)(c), 6(3), 9, 10(1) and (3), 12(2), 18(4) and (7), 21(3), 40(7), 41(3), 42(2), 44(2) and (3), 45, 46(1) and (2), 47(1), 48 and 50(2) and (4); and
ii
paragraph 13 of Schedule 5 and the heading in column 2 of the Table in Schedule 8.
Amendment of the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002
11
Regulation 1 (citation, commencement and interpretation) of the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 is amended as follows —
a
in the definition of “appropriate authority” for “Commission for Social Care Inspection” substitute “Chief Inspector”;
b
in the definition of “the Chief Inspector” for “Her Majesty’s Chief Inspector of Schools in England” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”;
c
in the definition of “registration authority” in paragraph (a) for “or the Commission for Social Care Inspection” substitute “, the Commission for Social Care Inspection or the Chief Inspector”.
Amendment of the Residential Family Centres Regulations 2002
12
The Residential Family Centres Regulations 2002 are amended as follows —
a
in regulation 2 (interpretation) —
i
omit the definition of “Commission”; and
ii
insert in the appropriate place the following definition —
“Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;
;
b
for “Commission” substitute “Chief Inspector” in each place where it occurs in the following provisions —
i
regulations 4, 5(2), 6(2), 9, 12(2), 17(3), 18, 20(4) and (7), 21(2), 23(2), 24(2) and (3), 25(5), 27, 28, 29(1), 30 and 31; and
ii
the heading to column 2 of the Table in Schedule 5.
Amendment of the Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005
13
In regulation 2 (interpretation) of the Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005 in the definition of “the registration authority” for “the Commission for Social Care Inspection” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
Amendment of the Children Act 2004 (Children’s Services) Regulations 2005
14
Regulation 2 (children’s services) of the Children Act 2004 (Children’s Services) Regulations 2005 is amended as follows —
a
omit sub-paragraphs (q) and (t);
b
for sub-paragraph (r) substitute the following —
r
that may be inspected under section 118(1)(c) of the Learning and Skills Act 2000 (inspection of services to encourage, etc. effective participation by young persons in education or training);
;
c
after sub-paragraph (w) insert —
wa
that may be inspected under the following provisions of the Education and Inspections Act 2006 —
i
section 124(1) (inspection of education and training to which Chapter 3 of Part 8 applies);
ii
section 125(1) (inspection of further education institutions);
iii
section 128 (area inspections);
iv
section 143 (inspections of CAFCASS functions);
.
Amendment of the Children Act 2004 (Joint Area Reviews) Regulations 2005
15
The Children Act 2004 (Joint Area Reviews) Regulations 2005 are amended as follows —
a
in regulation 1(3) (citation, commencement, application and interpretation) insert in the appropriate place the following definition —
“Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;
.
b
in regulations 3(1) and (3) (report on a review) and 4 (written statement of proposed action) for “Chief Inspector of Schools” substitute “Chief Inspector”.
c
in paragraph 1 of the Schedule (provisions for the purposes of reviews) insert in the appropriate place the following definition —
“the 2006 Act ” means the Education and Inspections Act 2006;
.
d
for paragraphs 2 and 3 of the Schedule substitute —
Her Majesty’s Chief Inspector for Education, Children’s Services and Skills
2
1
This paragraph applies where the Chief Inspector conducts a review of children’s services in so far as those services relate to functions in section 135 of the 2006 Act performed by a local authority in England or by another person pursuant to arrangements made by the authority in the performance of the function.
2
A review of the children’s services referred to in sub-paragraph (1) may include an inspection of those services and sections 139 and 140 (power of entry and power to inspect documents, etc.) and 141 (power to require information etc.) of, and Part 2 of Schedule 12 to, the 2006 Act apply to such an inspection as they apply for the purposes of an inspection of a local authority under section 136 of that Act.
3
1
This paragraph applies where the Chief Inspector conducts a review of children’s services in so far as those services relate to the education and training that may be made the subject of an area inspection under section 128(5) of the 2006 Act.
2
A review of the children’s services referred to in sub-paragraph (1) may include an inspection of those services and sections 131 and 132 (power of entry and power to inspect documents, etc.) and 128(3), (4), (6) and (7) (area inspections: further provisions) of, and Part 2 of Schedule 12 to, the 2006 Act apply to such an inspection as they apply to an inspection under section 128 of that Act.
e
in paragraph 4(1) of the Schedule for “Chief Inspector of Schools” substitute “Chief Inspector”.
f
for paragraphs 5 and 6 of the Schedule substitute —
CAFCASS functions
5
1
This paragraph applies where the Chief Inspector conducts a review of children’s services in so far as those services relate to the performance of CAFCASS functions.
2
A review of the children’s services referred to in sub-paragraph (1) may include an inspection of those services and sections 144 and 145 (power of entry and power to inspect documents, etc ) of, and Part 2 of Schedule 12 to, the 2006 Act apply to such an inspection as they apply to an inspection under section 143 of that Act.
3
In this paragraph —
a
“CAFCASS” means the Children and Family Court Advisory and Support Service; and
b
“CAFCASS functions” means the functions of CAFCASS and its officers.
g
in paragraph 9 of the Schedule —
i
for sub-paragraph (1) substitute —
1
This paragraph applies where an inspector of court administration conducts a review of children’s services in so far as those services relate to the system that supports the carrying on of business of the Crown Court, county courts and magistrates’ courts and the services provided for those courts.
; and
ii
omit sub-paragraph (3).
Amendment to the Electronic Commerce Directive (Adoption and Children Act 2002) Regulations 2005
16
In regulation 2 (interpretation) of the Electronic Commerce Directive (Adoption and Children Act 2002) Regulations 2005 in paragraph 2(d)(v) for “the Commission for Social Care Inspection” substitute “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”.
Amendment of the Education (Pupil Registration) (England) Regulations 2006
17
In regulation 10(1) (inspection of registers) of the Education (Pupil Registration) (England) Regulations 2006 —
a
for sub-paragraph (a) substitute —
a
Her Majesty’s Chief Inspector of Education, Children’s Services and Skills; and
;
b
omit sub-paragraph (b).
Jim Knight
Minister of State
Department for Education and Skills
28th February 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No.3) Order 2007 and comes into force on 11th July 2007.
2
In this Order —
“designate” means designate for the purposes of section 2(2), and similar expressions are to be construed accordingly;
“Minister or department” means —
a Minister of the Crown or government department, including a Northern Ireland Minister or Northern Ireland department, or
the Welsh Ministers ;
“section 2(2)” means section 2(2) of the European Communities Act 1972;
“subordinate legislation” means orders, rules, regulations or schemes made under section 2(2).
Designation in relation to machinery, etc.
2
1
Each of the following is designated in relation to the matter mentioned in paragraph (2) —
a
the Secretary of State; and
b
any Northern Ireland department.
2
The matter referred to in paragraph (1) is machinery, including —
a
component parts of machines;
b
components or equipment to be attached to or used with machines; and
c
sub-assemblies to be incorporated into or assembled with machines.
Designation in relation to auditors and the audit of accounts
3
Each of the following is designated in relation to auditors and the audit of accounts —
a
the Secretary of State;
b
the Treasury; and
c
any Northern Ireland department.
Designation in relation to the requirement for an environmental impact assessment
4
The Welsh Ministers are designated in relation to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment, in so far as it concerns town and country planning.
Designation in relation to access to education
5
Any Northern Ireland department is designated in relation to access to education.
Relationship with other designations
6
1
This Order does not restrict the scope of any designation made by any other Order.
2
Where —
a
a Minister or department is designated by this Order, and
b
any other Minister or department is designated in relation to the same matter by this or any other Order,
they may make subordinate legislation in relation to that matter jointly.
Restrictions
7
1
Articles 2(1)(b), 3(c) and 5 only designate Northern Ireland departments to make subordinate legislation that forms part of the law of Northern Ireland.
2
Article 4 only designates the Welsh Ministers to make subordinate legislation that applies in relation to Wales.
3
Paragraphs (1) and (2) do not apply where the subordinate legislation is made jointly with a Minister of the Crown or government department other than a Northern Ireland Minister or Northern Ireland department.
4
In paragraph (2), “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006 .
Revocation of earlier designations
8
1
Paragraph 2(a) of Schedule 1 to the European Communities (Designation) (No.3) Order 2000 is revoked.
2
The designations described in the Schedule are revoked.
Meriel McCullagh
Deputy Clerk of the Privy Council


text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Mutilations (Permitted Procedures) (England) Regulations 2007;
b
come into force on 6th April 2007;
c
apply in England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Animal Welfare Act 2006;
“cattle” means all animals of the bovine species including bison and buffalo;
“desnooding” means removal of a turkey’s snood;
“disbudding” means removal of the horn bud of cattle, goats or sheep;
“domestic fowl” means a domesticated member of the species Gallus gallus;
“dubbing” means removal of the comb of a domestic fowl;
“farmed” means, in relation to an animal, bred or kept for the production of food, wool or skin or for other farming purposes;
“horses” includes ponies, asses, donkeys, jennets and mules;
“in velvet” means, in relation to the antlers of a deer, until the velvet is frayed and the greater part of it has been shed;
“laying hen” means a hen of the species Gallus gallus which has reached laying maturity and is kept for production of eggs not intended for hatching;
“poultry” means domestic fowl, turkeys, geese, ducks, guinea fowl, quails, pheasants and partridges;
“prohibited procedure” means a procedure which involves interference with the sensitive tissues or bone structure of an animal, otherwise than for the purpose of its medical treatment;
“suitable instrument” means in relation to any procedure, an instrument that is in a fit state of repair and has been designed, or is of a kind commonly used, for the purpose of performing that procedure.
Exceptions to the prohibition on mutilations
3
Section 5(1) and (2) of the Act does not apply to a procedure listed in Schedule 1, providing it is carried out —
a
in accordance with any relevant requirement in Schedules 2 to 9;
b
in such a way as to minimise the pain and suffering it causes to the animal;
c
in hygienic conditions; and
d
in accordance with good practice.
Performance of prohibited procedures in an emergency
4
1
Section 5(1) and (2) of the Act does not apply where a prohibited procedure is carried out in an emergency for the purpose of saving the life or relieving the pain of the protected animal.
2
Any procedure carried out under paragraph (1) must be carried out in accordance with regulation 3, so far as this is practicable in all of the circumstances.
Persons who may carry out permitted procedures
5
1
Any procedure permitted under regulation 3 may only be carried out by a veterinary surgeon or any other person permitted to carry out that procedure under the Veterinary Surgeons Act 1966 or the Veterinary Surgeons (Exemptions) Order 1962 .
2
The restriction in paragraph (1) does not apply to tail docking, or castration, of pigs aged not more than 7 days.
Barry Gardiner
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
30th March 2007


text:
Citation and commencement
1
These Regulations may be cited as the Electronic Commerce Directive (Terrorism Act 2006) Regulations 2007 and shall come into force on 21st June 2007.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Terrorism Act 2006 ;
“article” has the meaning given in section 20(2) of the Act;
“ the Directive ” means Directive 2000/31/ EC of the European Parliament and of the Council of 8th June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) ;
“information society services” —
has the meaning given in Article 2(a) of the Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22nd June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations ); and
is summarised in recital 17 of the Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;
“recipient of the service” means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;
“record” has the meaning given in section 20(2) of the Act;
“relevant offence” is an offence under section 1 or 2 of the Act;
“service provider” means a person providing an information society service;
“statement” is to be construed in accordance with section 20(6) of the Act.
2
For the purposes of these Regulations —
a
a service provider is established in a particular EEA state if he effectively pursues an economic activity using a fixed establishment in that EEA state for an indefinite period and he is a national of an EEA state or a company or firm as mentioned in Article 48 of the EEC Treaty;
b
the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider;
c
where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment where the service provider has the centre of his activities relating to the service,
and references to a person being established in any place must be construed accordingly.
Internal market: UK service providers
3
1
If —
a
in the course of providing information society services, a service provider established in the United Kingdom does anything in an EEA state other than the United Kingdom, and
b
his action, if done in a part of the United Kingdom, would constitute a relevant offence,
he shall be guilty in that part of the United Kingdom of the offence.
2
If paragraph (1) applies —
a
proceedings for the offence may be taken at any place in the United Kingdom; and
b
the offence may for all incidental purposes be treated as having been committed at any such place.
3
Paragraph (1) does not apply to a case to which section 17 of the Act applies.
4
If a person commits a relevant offence only by virtue of paragraph (1) he is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years;
b
on summary conviction, to imprisonment for a term not exceeding the appropriate period or to a fine not exceeding the appropriate amount.
5
The appropriate period is —
a
in the case of a conviction in England and Wales if the offence is committed after the commencement of section 154(1) of the Criminal Justice Act 2003 , 12 months;
b
in any other case, three months.
6
The appropriate amount is —
a
if calculated on a daily basis, £100 per day;
b
if not calculated on a daily basis, level 5 on the standard scale.
Internal market: non-UK service providers
4
1
Proceedings for a relevant offence shall not be instituted against a non-UK service provider unless the derogation condition is satisfied.
2
A notice under section 3(3) of the Act shall not be given to a non-UK service provider unless the derogation and cooperation conditions are satisfied.
3
The derogation condition is that the step mentioned in paragraph (1) or (2) (as the case may be) —
a
is necessary to pursue any of the public interest objectives;
b
relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to it; and
c
is proportionate to that objective.
4
The public interest objectives are —
a
public policy, in particular the prevention, investigation, detection and prosecution of a relevant offence;
b
public security, including the safeguarding of national security and defence.
5
The cooperation condition is that —
a
a constable has requested the EEA state in which the service provider is established to take appropriate measures and the EEA state has failed to do so; and
b
a constable has notified the Commission and the EEA state that it is proposed to take the step mentioned in paragraph (2).
6
The requirement in paragraph (2) to satisfy the cooperation condition does not apply if —
a
it appears to a constable that the step mentioned in paragraph (2) should be taken as a matter of urgency; and
b
in the shortest possible time after that step is taken, a constable notifies the Commission and the EEA state in which the service provider is established that the step has been taken, indicating the reason for the urgency.
7
Appropriate measures are measures which appear to the constable to have equivalent effect under the law of the EEA state to the giving of a notice under section 3(3) of the Act.
8
In this regulation —
a
“the Commission” means the Commission of the European Communities;
b
“non-UK service provider” means a service provider who is established in an EEA state other than the United Kingdom.
Exception for mere conduits
5
1
A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in —
a
the provision of access to a communication network; or
b
the transmission in a communication network of information provided by a recipient of the service,
if the transmission condition is satisfied.
2
The transmission condition is that the service provider does not —
a
initiate the transmission;
b
select the recipient of the transmission; or
c
select or modify the information contained in the transmission.
3
Paragraph (1)(b) does not apply if the information is information to which regulation 6 applies.
4
For the purposes of this regulation, the provision of access to a communication network and the transmission of information in the network includes the automatic, intermediate and transient storage of information for the purpose of carrying out the transmission in the network.
5
Paragraph (4) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
Exception for caching
6
1
This regulation applies to information which —
a
is provided by a recipient of the service; and
b
is the subject of automatic, intermediate and temporary storage which is solely for the purpose of making the onward transmission of the information to other recipients of the service at their request more efficient.
2
A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in the transmission in a communication network of information to which this regulation applies if —
a
the service provider does not modify the information;
b
he complies with any conditions attached to having access to the information; and
c
in a case to which paragraph (3) applies, the service provider expeditiously removes the information or disables access to it.
3
This paragraph applies if the service provider obtains actual knowledge that —
a
the information at the initial source of the transmission has been removed from the network;
b
access to such information has been disabled; or
c
a court or administrative authority has ordered the removal from the network of, or the disablement of access to, such information.
Exception for hosting
7
1
A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if —
a
the service provider did not know when the information was provided that it was unlawfully terrorism-related; or
b
upon obtaining actual knowledge that the information was unlawfully terrorism-related, the service provider expeditiously removed the information or disabled access to it.
2
For the purposes of paragraph (1), information is unlawfully terrorism-related if it is constituted by a statement, or contained in an article or record, which is unlawfully terrorism-related by virtue of section 3(7) of the Act.
3
Paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.
Margaret Hodge
Minister of State for Industry and the Regions
Department of Trade and Industry
23rd May 2007


text:
Citation and commencement
1
This Order may be cited as the Associated British Ports (Immingham Gas Jetty) Harbour Revision Order 2007 and shall come into force on 6th July 2007.
Interpretation
2
1
Subject to the provisions of article 3(2), the words and expressions assigned meanings by Acts wholly or partly incorporated with this Order shall have those meanings in this Order, and —
“ A.B. Ports ” means Associated British Ports;
“the 1847 Act ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“the 1966 Act ” means the British Transport Docks Act 1966 ;
“the 1969 Act ” means the British Transport Docks Act 1969 ;
“the 1971 Act ” means the British Transport Docks Act 1971 ;
“the 1983 Act ” means the Associated British Ports Act 1983 ;
“the 1988 Act ” means the Associated British Ports (Barrow) Act 1988 ;
“the deposited plan” and “the deposited sections” mean respectively the plan and sections comprising a single sheet prepared in duplicate, signed by the Head of Ports Division in the Department for Transport and marked “Plan and sections referred to in the Associated British Ports (Immingham Gas Jetty) Harbour Revision Order 2007” one copy of which is deposited at the Department and the other at the principal office of A.B. Ports;
“the Dock Master ” means the dock master of A.B. Ports at Immingham and Grimsby;
“the existing gas jetty” means the Immingham Gas Jetty in the river Humber authorised by the 1983 Act;
“the limits of deviation” means the limits of deviation shown on the deposited plan;
“reference point” means Ordnance Survey National Grid reference point;
“tidal work” means so much of any of the works as is on, under or over tidal waters or tidal lands below the level of high water;
“the undertaking” means the undertaking of A.B. Ports as authorised from time to time;
“vessel” has the meaning assigned to it in section 3 (Interpretation) of the 1983 Act; and
“the works” means the works authorised by this Order.
2
Any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.
3
All directions, distances and dimensions stated in any description of works shall be construed as if the words “or thereabouts” were inserted after each such direction, distance or dimension.
Incorporation of Act of 1847
3
1
The 1847 Act, except sections 6 to 9, 11 to 13, 16 to 26, 33, 49, 50, 79, 80, 84 to 90, 94, 95, 97 and 98, so far as applicable for the purposes of and not inconsistent with this Order, is incorporated with and forms part of this Order.
2
For the purposes of the 1847 Act, as so incorporated —
a
the expression “the special Act ” means this Order;
b
the expression “the harbour, dock, or pier” means the works;
c
the expression “the harbour master” means, in relation to the works, the Dock Master;
d
for the meaning assigned to the word “vessel” by section 3 of the 1847 Act there shall be substituted the definition of the word “vessel” contained in article 2(1) above; and
e
section 53 of the 1847 Act shall not be construed as requiring the Dock Master to serve upon the master of a vessel a notice in writing of his directions but such directions may be given orally or otherwise communicated to such master.
Provided that a notice which is not in writing shall not be deemed to be sufficient unless in the opinion of the court before which any case may be heard it was not reasonably practicable to serve a written notice on the master of the vessel.
Power to make works
4
1
Subject to the provisions of this Order, A.B. Ports may, in the lines and situations shown on the deposited plan and within the limits of deviation and according to the levels shown on the deposited sections, make and maintain the following works on the bed of the river Humber —
Work No. 1 A new jetty of open pile construction between reference points 518584 418194, 518597 418203, 518612 418152 and 518625 418161;
Work No. 2 A new dolphin at reference point 518543 418201 and connecting walkways between the said new dolphin, the new jetty (Work No. 1) and the existing dolphin at reference point 518575 418155;
Work No. 3 A new structure for pipe support, including a walkway for maintenance purposes, between the new jetty (Work No. 1) at reference point 518985 418173 and the existing gas jetty at reference point 518693 418028 running alongside the new walkway comprised in Work No. 2 and the existing walkway and jetty head comprised in the existing gas jetty.
2
A.B. Ports may, within the limits of deviation, from time to time alter, enlarge, replace, relay, extend or reconstruct temporarily or permanently the works.
3
The works shall for all purposes form part of the undertaking.
Power to make subsidiary works
5
A.B. Ports may from time to time within the limits of deviation erect, construct and maintain all such works, conveniences, appliances and apparatus as it from time to time deems necessary or convenient for the purposes of or in connection with or incidental to, the construction and maintenance of the works or the accommodation of vessels thereat.
Power to deviate
6
In constructing Works Nos. 1 to 3 A.B. Ports may deviate laterally from the lines or situations shown on the deposited plan and described in article 4 (Power to make works) to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding three metres upwards and to such extent downwards as may be found necessary or convenient.
Fine for obstructing works
7
Any person who intentionally obstructs any person acting under the authority of A.B. Ports in constructing the works or intentionally or recklessly interferes with equipment or materials used in the construction of the works shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Power to dredge in Humber
8
1
For the purposes of affording uninterrupted means of access to the works and of enabling their use at all states of the tide, A.B. Ports may from time to time deepen, dredge, scour, cleanse, alter and improve the bed, shores and channels of the river Humber adjoining or in the approaches to any of the works and may (subject to paragraphs (2) or (3) below) as it thinks fit use, appropriate or dispose of the materials from time to time taken up or collected by it in the course of any such operations.
2
No materials referred to in this article shall —
a
be disposed of in contravention of the provisions of any enactment relating to the disposal of waste; or
b
be deposited below the level of mean high-water springs otherwise than in such places and under such conditions and restrictions as may be approved or prescribed by the Secretary of State.
3
The power to use, appropriate or dispose of materials referred to in this article shall not extend to wreck (within the meaning of Part IX of the Merchant Shipping Act 1995 ) found by A.B. Ports.
Limits of jurisdiction of Dock Master
9
The limits within which the powers of the Dock Master in relation to the works may be exercised under and subject to the provisions of the 1847 Act, as incorporated with this Order, shall extend to a distance of 200 metres in every direction from those works:
Provided that such powers shall be limited to vessels going to, moored at or departing from the works.
Application of byelaws of A.B. Ports
10
1
The Immingham Dock Byelaws 1929 shall be deemed to apply in relation to the works as they apply in relation to the existing gas jetty and may be enforced by A.B. Ports accordingly until such time as new byelaws relating to the works shall be made by A.B. Ports and come into operation.
2
In the Immingham Dock Byelaws as applied by paragraph (1) above, references to “the prescribed limits” shall be construed as references to the limits within which the powers of the Dock Master may be exercised under article 9 (Limits of jurisdiction of Dock Master) of this Order.
3
In this article “Immingham Dock Byelaws 1929” means the byelaws made by the London and North Eastern Railway Company on the 1st day of January 1929 and confirmed by the Minister of Transport on the 4th day of January 1929.
Works to be within district of North Lincolnshire, etc.
11
The works shall be deemed to be within —
a
the district of North Lincolnshire; and
b
the parish of South Killingholme; and
c
the petty sessional division of Scunthorpe.
Incorporation of provisions
12
1
The following provisions of the under-mentioned Acts are incorporated with and form part of this Order —
The 1966 Act —
Section 21 (Tidal works not to be executed without approval of Board of Trade);
Section 23 (Abatement of works abandoned or decayed);
Section 24 (Survey of tidal works); and
Section 26 (Lights on tidal works during construction):
The 1969 Act —
Section 17 (Provision against danger to navigation):
The 1971 Act —
Section 16 (Permanent lights on works):
The 1988 Act —
Section 11 (Crown rights).
2
For the purposes of the said sections 26, 17 and 16, as so incorporated —
a
for the words “one hundred pounds” in subsection (2) of each of those sections there shall be substituted “level 4 on the standard scale”;
b
in proceedings for an offence under any of those sections it shall be a defence for A.B. Ports to prove that it took all reasonable precautions and exercised all due diligence to avoid the commission of the offence; and
c
if in any case that defence involves the allegation that the commission of the offence was due to the act or default of another person A.B. Ports shall not, without leave of the court, be entitled to rely on that defence unless, not less than seven clear days before the hearing, it has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that other person as was then in its possession.
Protection for Environment Agency
13
1
Subject to paragraph (3), AB Ports shall not exercise the powers under article 8 (Power to dredge in Humber) except after prior consultation with, and in accordance with plans approved by, the Environment Agency.
2
The approval of plans under paragraph (1) above shall not be unreasonably withheld but may be granted subject to reasonable conditions.
3
This article shall not apply to such maintenance dredging as may be required from time to time in order to allow continued access to the works.
4
Any dispute under this article shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
Restrictions on piling
14
Unless otherwise agreed with Natural England no piling activity in connection with the works shall be carried out in the period between the beginning of October in any one year and the end of March in the following year.
Disapplication of regulation 60 of the Conservation (Natural Habitats &c) Regulations 1994
15
1
Regulation 60 of the Conservation (Natural Habitats, &c.) Regulations 1994 (“the Habitats Regulations”) shall not apply to any planning permission which relates to the works and which is granted by article 3(1) of the Town and Country Planning (General Permitted Development) Order 1995 for the class of development described as permitted development in Part 11 of Schedule 2 to that Order.
2
Paragraph (1) does not apply if and to the extent that the works —
a
do not form part of the plan and project which was subject to an appropriate assessment in accordance with regulation 48 of the Habitats Regulations in connection with the making of this Order; and
b
are not subject to a further consent, permission or authorisation by a competent authority as defined in the Habitats Regulations.
Signed by the authority of the Secretary of State for Transport
Phil Carey
Head of the Ports Division,
Department for Transport
22nd June 2007


text:
Citation, Commencement and Interpretation
1
1
This Order may be cited as the Home Information Pack (Redress Scheme) (No.2) Order 2007 and shall come into force on 1st August 2007.
2
In this Order —
“the 2004 Act ” means the Housing Act 2004;
“ the Regulations ” means the Home Information Pack (No.2) Regulations 2007 ; and
“commencement date” has the same meaning as in regulation 33(1)(a) of the Regulations.
Requirement to belong to an approved redress scheme
2
1
Subject to paragraph (2), where, on or after the commencement date, a duty arises under section 155 or 159 of the 2004 Act, subject to the Regulations, every estate agent to whom that duty applies shall be required to be a member of an approved redress scheme.
2
The requirement in paragraph (1) does not apply to an estate agent who does not engage in estate agency work within the meaning of section 1 of the Estate Agents Act 1979 .
Pat McFadden
Minister of State for Employment Relations and Postal Affairs
Department for Business, Enterprise and Regulatory Reform
9th July 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Charges for Music Tuition (England) Regulations 2007 and come into force on 1st September 2007.
2
These Regulations apply only in relation to England.
Charges for music tuition
2
1
This regulation prescribes, for the purposes of section 451(3) of the Education Act 1996, the circumstances in which a charge may be made in relation to the provision of tuition in singing or in playing a musical instrument during school hours.
2
Subject to regulation 3, a charge may be made in respect of tuition (whether provided individually or to a group of two or more pupils) if it is provided at the request of the pupil’s parent.
3
For the purposes of this regulation, tuition is not “provided at the request of the pupil’s parent” if it is either —
a
education provided in pursuance of a duty imposed by section 88 of the Education Act 2002 (implementation of National Curriculum for England) , or
b
education provided to a class of pupils in the second key stage , pursuant to the Department for Education and Skills’ policy ‘Instrumental and Vocal Tuition at KS2’ where the purpose of the education is to enable the pupils to decide whether they wish to receive further tuition in singing or playing any musical instrument (and if so which instrument).
3
No charge may be made in respect of a pupil who is looked after by a local authority (within the meaning of section 22(1) of the Children Act 1989 ).
Andrew Adonis
Parliamentary Under Secretary of State for Schools
Department for Children, Schools and Families
27 July 2007


text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Drinking Milk (Amendment) (England) Regulations 2007;
b
come into force on 1st January 2008; and
c
apply only in England.
Amendment
2
In regulation 2 of the Drinking Milk Regulations 1998 , for the definition of “the Council Regulation” substitute —
“the Council Regulation” means Council Regulation (EC) No 2597/97 laying down additional rules on the common organisation of the market in milk and milk products for drinking milk;
.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
1st December 2007