text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Recreational Craft Regulations 2004.
2
This regulation, regulations 2, 12 and 13 shall come into force on 30th June 2004, except that regulation 2(2)(a) shall not have effect until the date of the coming into force of the Decision by the EEA Joint Committee by which the application of the amendment of the Directive is extended to the EEA.
3
The remaining regulations shall come into force on 1st January 2005.
4
The Recreational Craft Regulations 1996 are hereby revoked save as regards their application to:
a
any product (as defined in those Regulations) placed on the market (as so defined) prior to 1st January 2005;
b
any such product to which these Regulations do not apply by virtue of regulation 6;
c
any such product placed on the market in the EEA (other than in the Community) until such time as regulation 2(2)(a) has effect; and
d
the appointment or termination of appointment of any notified body for the purposes of those Regulations.
Interpretation
2
1
In these Regulations, the following definitions shall apply —
“the 1987 Act ” means the Consumer Protection Act 1987 ;
“authorised representative” means any person established in the Community who has received a written mandate from the manufacturer to act on his behalf with regard to the latter’s obligation under the Directive;
“CE marking” means the CE conformity marking referred to in regulation 8 consisting of the initials “CE” taking the form of the specimen given in Schedule 4;
“ the Commission ” means the Commission of the European Communities;
“component” means any one of the components referred to in Schedule 2 when placed on the Community market and when intended for installation in recreational craft;
“the Directive” means Directive 94/25/ EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the member States relating to recreational craft ;
“enforcement authority” shall be construed in accordance with regulation 15;
“engine family” means the manufacturer’s grouping of engines which, through their design, are expected to have similar exhaust emission characteristics and which comply with the exhaust emissions requirements of the Directive;
“essential requirements” means the requirements in Annex I which is set out in Schedule 1;
“harmonised standard” means a technical specification adopted by the European Committee for Standardisation or the European Committee for Electrotechnical Standardisation or both upon a remit from the Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services ;
“major craft conversion” means a conversion of a craft which:
changes the means of propulsion of the craft;
involves a major engine modification; or
alters the craft to such an extent that it is considered a new craft;
“major engine modification” means the modification of an engine which:
could potentially cause the engine to exceed the emission limits set out in Annex I.B., which is set out in Schedule 1, excluding routine replacement of engine components that do not alter the emission characteristics; or
increases the rated power of the engine by more than 15%;
“manufacturer” means any person who designs and manufactures a product or who has such a product designed and/or manufactured with a view to placing it on the market on his own behalf, and in respect of a product which requires a declaration specified in Annex III , which is set out in Schedule 3, shall include the builder of that product;
“means of propulsion” means the mechanical method by which the craft is driven, in particular marine propellers or waterjet mechanical drive systems;
“notified body” shall be construed in accordance with regulation 11;
“personal watercraft” means a vessel less than 4 metres in length which uses an internal combustion engine having a water jet pump as its primary source of propulsion and designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of, a hull;
“placing on the market” includes (except for the purposes of the definition of “component”, regulations 3(1)(c)(ii), 3(2), 4(a)(vi) and (vii), 4(b)(i)(bb), 4(b)(iii), 4(c)(ii), 7(2)(b)(i) (second reference only), 7(2)(c), 7(3)(b) and 16(2)) putting into service, and cognate expressions shall be construed accordingly;
“product” means any product described in regulation 3(1);
“propulsion engine” means any spark or compression ignition, internal combustion engine used for propulsion purposes, including 2-stroke and 4-stroke inboard, stern-drive with or without integral exhaust and outboard engines;
“recreational craft” means any boat of any type regardless of its means of propulsion —
whose hull, when measured in accordance with the appropriate harmonised standards, is not less than 2.5 metres and not more than 24 metres in length; and
which is intended for sports or leisure purposes;
and “partly completed recreational craft” or “partly completed boat”, as the case may be, shall be construed accordingly; and
“transposed harmonised standard” means a standard the reference number of which is published —
in the United Kingdom, by the Secretary of State in such manner as she considers appropriate; or
in another member State of the Community,
and which corresponds to a harmonised standard the reference number of which is published in the Official Journal of the European Communities.
2
In these Regulations —
a
except for the references to the European Communities in the definition of “the Commission” and in relation to the Official Journal, a reference to the Community includes a reference to the EEA, and a reference to a member State includes a reference to an EEA State: for the purposes of this sub-paragraph —
i
the “EEA” means in the European Economic Area;
ii
an “EEA State” means a State which is a Contracting Party to the EEA Agreement; and
iii
the “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ; and
b
a reference to an Annex is a reference to an Annex of the Directive.
Application
3
1
Subject to paragraph (3) and regulations 4, 5 and 6, these Regulations apply to any product of the following descriptions:
a
with regard to design and construction, to —
i
recreational craft and partly completed boats;
ii
personal watercraft; and
iii
components;
b
with regard to exhaust emissions, to —
i
propulsion engines which are installed or specifically intended for installation on or in recreational craft and personal watercraft; and
ii
propulsion engines installed on or in such craft that are subject to a major engine modification; and
c
with regard to noise emissions, to —
i
recreational craft with stern drive engines without integral exhausts or inboard propulsion engine installations;
ii
recreational craft with stern drive engines without integral exhausts or with inboard propulsion installations which are subject to a major craft conversion and subsequently placed on the Community market within five years following conversion;
iii
personal watercraft; and
iv
outboard engines and stern drive engines with integral exhausts intended for installation on recreational craft.
2
The application of these Regulations to any recreational craft or partly completed recreational craft shall not be prevented by the fact that the said craft could be used for charter or for recreational boating training when it is placed on the market for recreational purposes.
3
The requirements of these Regulations shall not apply to the showing of any product at any trade fair, exhibition, demonstration or the like provided that a visible sign clearly indicates that the product in question may not be placed on the market until it has been made to comply with them.
Excluded products
4
The following are not products for the purposes of these Regulations —
a
with regard to products referred to in regulation 3(1)(a) —
i
craft intended solely for racing, including rowing racing boats and training rowing boats, labelled as such by the manufacturer;
ii
canoes and kayaks, gondolas and pedalos;
iii
sailing surfboards;
iv
surfboards, including powered surfboards;
v
original historical craft and individual replicas thereof designed before 1950, built predominantly with the original materials and labelled as such by the manufacturer;
vi
experimental craft, provided that they are not subsequently placed on the Community market;
vii
craft built for own use, provided that they are not subsequently placed on the Community market during a period of five years;
viii
craft specifically intended to be crewed and to carry passengers for commercial purposes (without prejudice to regulation 3(2)), in particular those defined in Council Directive 82/714/ EEC of 4th October 1982 laying down technical requirements for inland waterway vessels , regardless of the number of passengers;
ix
submersibles;
x
air cushion vehicles;
xi
hydrofoils; and
xii
external combustion steam powered craft, fuelled by coal, coke, wood, oil or gas;
b
with regard to products referred to in regulation 3(1)(b) —
i
propulsion engines installed or specifically intended for installation on the following:
aa
craft intended solely for racing and labelled as such by the manufacturer,
bb
experimental craft, provided that they are not subsequently placed on the Community market,
cc
craft specifically intended to be crewed and to carry passengers for commercial purposes (without prejudice to regulation 3(2)), in particular those defined in Directive 82/714/EEC , regardless of the number of passengers,
dd
submersibles,
ee
air cushion vehicles, or
ff
hydrofoils;
ii
original and individual replicas of historical propulsion engines, which are based on a pre-1950 design, not produced in series and fitted on craft referred to in paragraph (a)(v) and (vii);
iii
propulsion engines built for own use provided that they are not subsequently placed on the Community market during a period of five years; and
c
with regard to products referred to in regulation 3(1)(c) —
i
all craft referred to in paragraph (b); and
ii
craft built for own use, provided that they are not subsequently placed on the Community market during a period of five years.
Products placed on the market before 1st January 2005
5
These Regulations do not apply to any product which is placed on the market before 1st January 2005.
Exclusion until 31st December 2005 and 31st December 2006 of specified products complying with national rules in force on 16th June 2003
6
1
These Regulations do not apply to:
a
any product referred to in regulation 3(1)(a) or any compression ignition or 4-stroke spark ignition engine which is placed on the market on or before 31st December 2005; or
b
any 2-stroke spark ignition engine which is placed on the market on or before 31st December 2006,
and which complies with any safety provisions with which it would have been required to comply for it to be placed on the market in the United Kingdom on 16th June 2003.
2
The exclusion provided in paragraph (1) does not apply in the case of any product which —
a
unless required to bear the CE marking pursuant to any other Community obligation, bears the CE marking or an inscription liable to be confused therewith; or
b
bears or is accompanied by any other indication, however expressed, that it complies with the Directive.
Prohibition on placing on the market
7
1
Subject to paragraph (4), no person shall place on the market any product to which these Regulations apply unless the requirements of paragraph (2) have been complied with in relation to it.
2
The requirements in respect of any product are that:
a
it satisfies the essential requirements which are applicable to that product and, for the purpose of satisfying those requirements —
i
where a transposed harmonised standard covers one or more of the essential requirements, a product which conforms with that standard shall be presumed to comply with that or, as the case may be, those essential requirements; and
ii
in the case of a partly completed recreational craft, it complies with the requirements which apply at the relevant stage of construction;
b
except in the case of any partly completed recreational craft and subject to paragraph (3),
i
the appropriate conformity assessment procedure has been carried out in accordance with regulation 10 —
aa
by the manufacturer;
bb
by the manufacturer’s authorised representative established in the Community; or
cc
in the case of post-construction assessment for recreational craft, if neither the manufacturer nor his authorised representative established within the Community fulfils the responsibilities for the product’s conformity to the Directive, these can be assumed by any person established within the Community who places the product on the market under his own responsibility,
save that (in the case of (aa) or (bb)) where the procedure in Annex V, VII or VIII (which are respectively set out in Schedules 5, 7 and 8) is part of or, as the case may be, is the appropriate conformity assessment procedure and the person placing the product on the market is neither the manufacturer nor his authorised representative established in the Community, the obligation to retain the technical documentation, required as part of the appropriate conformity assessment procedure, shall be fulfilled by the person who places that product on the market; and
ii
in the case of any of the products specified in regulation 8(1), the CE marking has been affixed to it or, in the case of a component, its packaging in accordance with regulation 8 and Schedule 4 to indicate that it conforms with all the provisions of the Directive including the appropriate conformity assessment procedure;
c
in the case of any partly completed recreational craft, the manufacturer or his authorised representative established in the Community or the person responsible for the placing on the market declares, in accordance with Annex III(a) (which is set out in Schedule 3(a)), that it is intended to be completed by others; and
d
when correctly constructed, maintained and used in accordance with its intended purpose, it does not endanger the safety and health of persons, property or the environment.
3
In the case of a component to which these Regulations apply, compliance with the appropriate conformity assessment procedure is not required where it is accompanied by a written declaration of conformity as provided for in Annex XV , which is set out in Schedule 14, and is intended to be incorporated into a recreational craft, in accordance with the declaration, referred to in Annex III(b) (which is set out in Schedule 3(b)), by —
a
the manufacturer or his authorised representative established in the Community; or
b
in the case of an import from outside the Community, any person who places that component on the Community market,
and, in the case of such a component, the CE marking shall indicate that that component complies with the essential requirements which are relevant to it.
4
In the case of —
a
inboard engines and stern drive propulsion engines without integral exhaust;
b
engines which are type-approved in accordance with Directive 97/68/EC of the European Parliament and of the Council on the approximation of the laws of the member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery and which are in compliance with stage II as provided for in section 4.2.3 of Annex I to that Directive; or
c
engines which are type-approved according to Council Directive 88/77/EEC on the approximation of the laws of the member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles ,
where the manufacturer or his authorised representative established in the Community declares in accordance with Annex XV.3, which is set out in Schedule 14.3, that the engine will meet the exhaust emission requirements of the Directive, when installed in a recreational craft or personal watercraft in accordance with the manufacturer’s supplied instructions, that engine shall be deemed to satisfy the exhaust emission requirements of these Regulations.
CE marking
8
1
This regulation applies to —
a
recreational craft, personal watercraft and components, which are regarded as meeting the corresponding essential requirements set out in Annex I, which is set out in Schedule 1;
b
outboard engines which are regarded as meeting the essential requirements set out in Annex I.B. and I.C.; and
c
stern drive engines with integral exhaust which are regarded as meeting the essential requirements set out in Annex I.B. and I.C.
2
Subject to the following paragraphs of this regulation, the products referred to in paragraph (1) which either meet the relevant essential requirements or are presumed so to do in accordance with regulation 7(2)(a)(i) shall bear the CE marking in a visible, legible and indelible form, affixed by either the manufacturer or his authorised representative in the Community.
3
In the case of any recreational craft and personal watercraft, the CE marking shall be affixed in accordance with paragraph 2.2 of Annex I.A.
4
In the case of any component, the CE marking shall be affixed either on the component itself or on its packaging or on both.
5
In the case of any outboard engine or stern drive engine with integral exhaust, the CE marking shall be affixed in accordance with paragraph 1.1 of Annex I.B.
6
The CE marking shall be accompanied by the identification number of the notified body responsible for carrying out the procedures in Annexes IX , X, XI , XII and XVI which are respectively set out in Schedules 9, 10, 11, 12 and 15.
7
Subject to paragraph (8) below, where any product referred to in paragraph (1) is subject to any other directive or directives or relevant parts thereof, as the case may be, in addition to the Directive which also provides for the affixing of the CE marking, the CE marking shall indicate that that product also fulfils the provisions of that other applicable directive or those directives or relevant parts thereof.
8
Where one or more of the other directives, or parts thereof, referred to in paragraph (7) are applied by the manufacturer, the CE marking shall indicate that the product in question fulfils the provisions only of the directive or directives or relevant parts thereof applied by the manufacturer; and, in this case, particulars of the directives (and relevant parts thereof, as the case may be) applied, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions required by those directives and accompanying the product in question.
9
In the case of post-construction assessment for recreational craft in the circumstances referred to in regulation 7(2)(b)(i)(cc), the person who places the product on the market shall affix, or cause to be affixed, the CE marking accompanied by the distinguishing number of the relevant notified body on the product in a visible, legible and indelible form.
Other markings and inscriptions
9
1
No person shall affix on any product, to which these Regulations apply, any markings or inscriptions which are likely to mislead third parties with regard to the meaning or the form of the CE marking.
2
Without prejudice to paragraph (1), nothing in these Regulations shall prohibit the affixing on any product, or on its packaging, of any other markings, provided that the visibility and legibility of the CE marking are not thereby reduced.
Conformity assessment
10
1
For the purposes of regulation 7(2)(b)(i), the appropriate conformity assessment procedure shall be determined —
a
except in the case of post-construction assessment for recreational craft in the circumstances referred to in regulation 7(2)(b)(i)(cc), with regard to design and construction of products referred to in regulation 3(1)(a), in accordance with paragraph (2);
b
except as aforesaid, with regard to exhaust emissions for products referred to in regulation 3(1)(b), in accordance with paragraph (3);
c
except as aforesaid, with regard to noise emissions for products referred to in regulation 3(1)(c)(i) and (ii), in accordance with paragraph (4) and for products referred to in regulation 3(1)(c)(iii) and (iv), in accordance with paragraph (5); and
d
in the case of post-construction assessment for recreational craft in the circumstances referred to in regulation 7(2)(b)(i)(cc), in accordance with paragraph (6).
2
For boat design categories A,B,C and D as referred to in section 1 of Annex 1.A, which is set out in Schedule 1, the manufacturer of any product or his authorised representative established in the Community shall apply the following procedures —
a
for categories A and B —
i
for boats from 2.5 metres to 12 metres hull length: the internal production control plus tests (module Aa) referred to in Annex VI , which is set out in Schedule 6, or the EC type-examination (module B) as described in Annex VII, which is set out in Schedule 7, supplemented by conformity to type (module C) referred to in Annex VIII, which is set out in Schedule 8, or any of the following modules: B+D, or B+E, or B+F, or G or H;
ii
for boats from 12 metres to 24 metres hull length: the EC type-examination (module B) referred to in Annex VII, which is set out in Schedule 7, supplemented by type conformity (module C) referred to in Annex VIII, which is set out in Schedule 8, or any of the following modules: B+D, or B+E, or B+F, or G or H;
b
for category C —
i
for boats from 2.5 metres to 12 metres hull length —
aa
where the harmonised standards relating to sections 3.2 and 3.3 of Annex I.A are complied with, the internal production control (module A), referred to in Annex V, which is set out in Schedule 5, or internal production control plus tests (module Aa) referred to in Annex VI, which is set out in Schedule 6, or the EC type-examination (module B) as described in Annex VII, which is set out in Schedule 7, supplemented by conformity to type (module C) referred to in Annex VIII, which is set out in Schedule 8, or any of the following modules: B+D, or B+E, or B+F, or G, or H,
bb
where the harmonised standards relating to sections 3.2 and 3.3 of Annex I.A are not complied with, the internal production control plus tests (module Aa) referred to in Annex VI, which is set out in Schedule 6, or the EC type-examination (module B) as described in Annex VII, which is set out in Schedule 7, supplemented by conformity to type (module C) referred to in Annex VIII, which is set out in Schedule 8, or any of the following modules: B+D, or B+E, or B+F, or G, or H;
ii
for boats from 12 metres to 24 metres hull length, the EC type-examination (module B) referred to in Annex VII, which is set out in Schedule 7, followed by conformity to type (module C) referred to in Annex VIII, which is set out in Schedule 8, or any of the following modules: B+D, or B+E, or B+F, or G or H;
c
for category D, for boats from 2.5 metres to 24 metres hull length, the internal production control (module A) referred to in Annex V, which is set out in Schedule 5, or the internal production control plus tests (module Aa) referred to in Annex VI, which is set out in Schedule 6, or the EC type-examination (module B) as described in Annex VII, which is set out in Schedule 7, supplemented by conformity to type (module C) referred to in Annex VIII, which is set out in Schedule 8, or any of the following modules: B+D, or B+E, or B+F, or G or H;
d
for personal watercraft, the internal production control (module A) referred to in Annex V, which is set out in Schedule 5, or the internal production control plus tests (module Aa) referred to in Annex VI, which is set out in Schedule 6, or the EC type-examination (module B) as described in Annex VII, which is set out in Schedule 7, followed by conformity to type (module C) referred to in Annex VIII, which is set out in Schedule 8, or any of the following modules: B+D, or B+E, or B+F, or G or H; and
e
for components, any of the following modules: B+C, or B+D, or B+F, or G or H.
3
The engine manufacturer or his authorised representative established in the Community shall apply the EC type-examination (module B) as described in Annex VII, which is set out in Schedule 7, followed by conformity to type (module C) referred to in Annex VIII, which is set out in Schedule 8, or any of the following modules: B+D, or B+E, or B+F, or G or H.
4
The boat manufacturer or his authorised representative established in the Community shall apply:
a
where tests are conducted using the harmonised standard for noise measurement: either internal production control plus tests (module Aa) referred to in Annex VI, which is set out in Schedule 6, or unit verification (module G) referred to in Annex XI, which is set out in Schedule 11, or full quality assurance (module H) referred to in Annex XII, which is set out in Schedule 12;
b
where the Froude number and power displacement ratio method is used for assessment: either the internal production control (module A) referred to in Annex V, which is set out in Schedule 5, or the internal production control plus tests (module Aa) referred to in Annex VI, which is set out in Schedule 6, or unit verification (module G) referred to in Annex XI, which is set out in Schedule 11, or full quality assurance (module H) referred to in Annex XII which is set out in Schedule 12; and
c
where certified reference boat data, established in accordance with sub-paragraph (a), is used for assessment: either internal production control (module A) referred to in Annex V, which is set out in Schedule 5, or internal production control plus supplementary requirements (module Aa) referred to in Annex VI, which is set out in Schedule 6, or unit verification (module G) referred to in Annex XI, which is set out in Schedule 11, or full quality assurance (module H) referred to in Annex XII, which is set out in Schedule 12.
5
The personal watercraft/engine manufacturer or his authorised representative established in the Community shall apply: internal production control plus supplementary requirements referred to in Annex VI (module Aa), which is set out in Schedule 6, or module G or H.
6
The person who places the product on the market must —
a
lodge an application for a post-construction report with a notified body; and
b
provide the notified body with any available document and technical file referring to the first placing on the market of the product in the country of origin.
The notified body shall examine the individual product and carry out calculations and other assessment to ensure its equivalent conformity with the relevant requirements of the Directive. In this case, the Builder’s plate described in Annex I, 2.2, which is set out in Schedule 1, shall include the words “(Post-construction certificate)”. The notified body shall draw up a report of conformity concerning the assessment carried out and shall inform the person who places the product on the market of his obligations. That person shall draw up a declaration of conformity in accordance with Annex XV (which is set out in Schedule 14).
7
For the purposes of this regulation —
a
a reference to module B, C, D, E, F, G or H is a reference to the module which respectively comprises the conformity assessment procedure in Annex VII, VIII, IX, XVI, X, XI and XII and which is respectively set out in Schedule 7, 8, 9, 15, 10, 11 and 12;
b
the technical documentation, which is required as part of the conformity assessment procedures in Annexes V, VII, VIII, IX and XI, which are respectively set out in Schedules 5, 7, 8, 9 and 11, is specified in Annex XIII , which is set out in Schedule 13; and
c
the contents of the written declaration of conformity, which is required as part of the conformity assessment procedures in Annexes V, VIII, IX, X, XI, and XII which are respectively set out in Schedules 5, 8, 9, 10, 11 and 12, are specified in Annex XV, which is set out in Schedule 14.
Notified bodies
11
For the purposes of these Regulations, a notified body is a body which has been —
a
appointed as a United Kingdom notified body pursuant to regulation 12;
b
appointed by a member State other than the United Kingdom; or
c
recognised for the purpose of carrying out those functions by inclusion in a mutual recognition agreement, relating to the Directive, or a similar agreement (including a Protocol to the European Agreement, or other Agreement, on Conformity Assessment and Acceptance of Industrial Products) which has been concluded between the European Union and a State other than an EEA State,
to carry out one or more of the conformity assessment procedures specified in Article 8 of the Directive which are referred to in regulation 10 and which, in the case of paragraph (a) or (b), has been notified by the United Kingdom or by such other member State, as the case may be, to the Commission and the other member States pursuant to Article 9(1) of the Directive; for the purposes of paragraph (c), EEA State has the same meaning as that given to those words in regulation 2(2)(a).
Appointment of notified bodies
12
1
The Secretary of State may from time to time appoint such persons as she thinks fit to be notified bodies for the purposes of these Regulations.
2
Such appointment —
a
may relate to all descriptions of product or such descriptions (which may be framed by reference to any circumstances whatsoever) of product as the Secretary of State may from time to time determine;
b
may be made subject to such conditions as the Secretary of State may from time to time determine, which may include conditions which are to apply upon or following termination of the appointment;
c
shall, without prejudice to the generality of sub-paragraph (b) above and subject to paragraph (4), require the body to carry out the procedures and specific tasks for which it has been appointed including (where so provided as part of those procedures) surveillance to ensure that the manufacturer duly fulfils the obligations arising out of the relevant conformity assessment procedure;
d
shall be terminated upon 90 days' notice in writing to the Secretary of State, at the request of the notified body; and
e
may be terminated if it appears to the Secretary of State that any of the conditions of the appointment are not complied with.
3
Subject to paragraphs (2)(d) and (e), an appointment under this regulation may be for the time being or for such period as may be specified in the appointment.
4
A notified body appointed by the Secretary of State shall not be required to carry out the functions referred to in paragraph (2)(c) if —
a
the documents submitted to it in relation to carrying out such functions are not in English or another language acceptable to that body;
b
the person making the application has not submitted with its application the amount of the fee which the body requires to be submitted with the application pursuant to regulation 13; or
c
the body reasonably believes that, having regard to the number of applications made to it in relation to its appointment under these Regulations which are outstanding, it will be unable to commence the required work within 3 months of receiving the application.
5
If for any reason the appointment of a notified body is terminated under this regulation, the Secretary of State may —
a
give such directions (either to the body the subject of the termination or to another notified body) for the purposes of making such arrangements for the determination of outstanding applications as she considers appropriate; and
b
without prejudice to the generality of the foregoing, authorise another notified body to take over its functions in respect of such cases as she may specify.
Fees
13
1
Subject to paragraph (2), a notified body appointed by the Secretary of State may charge such fees in connection with, or incidental to, carrying out the tasks referred to in regulation 12(2)(c) as it may determine; provided that such fees shall not exceed the sum of the following —
a
the costs incurred or to be incurred by the notified body in performing the relevant function; and
b
an amount on account of profit which is reasonable in the circumstances having regard to —
i
the character and extent of the work done or to be done by the body on behalf of the applicant; and
ii
the commercial rate normally charged on account of profit for that work or similar work.
2
The power in paragraph (1) includes the power to require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant.
Procedure where a notified body is minded to refuse to issue an EC type-examination certificate
14
Where a notified body is minded to refuse to issue an EC type-examination certificate as part of the procedure described in Annex VII which is set out in Schedule 7, it shall —
a
give notice in writing to the applicant of the reasons why it is minded to do so; and
b
give the applicant the opportunity to make representations within a period of 28 days of the said notice being given and consider any representations made within that period by the applicant.
Enforcement authorities
15
1
It shall be the duty of the following authorities to enforce these Regulations within their area —
a
in Great Britain, weights and measures authorities; and
b
in Northern Ireland, every district council.
2
Nothing in this regulation shall authorise any enforcement authority to bring proceedings in Scotland for an offence.
Enforcement powers
16
1
Subject to paragraph (2), Schedule 17 shall have effect for the purposes of providing for the enforcement of these Regulations and for matters incidental thereto.
2
Except in the case of a product which, when correctly constructed, installed, maintained and used in accordance with its intended purpose, may in the opinion of an enforcement authority endanger the safety and health of persons, property or the environment, where an enforcement authority has reasonable grounds for suspecting that the CE marking has been affixed to any product referred to in regulation 8(1) or, in the case of a component, to its packaging, in relation to which any provision of these Regulations has not been complied with, it may serve a notice (“a compliance notice”) on —
a
the manufacturer or his authorised representative established in the United Kingdom; or
b
where the manufacturer is established outside the Community and —
i
he has no authorised representative established in the United Kingdom; or
ii
his authorised representative established in the United Kingdom is not the person who places the product on the market,
the person who places it on the market in the United Kingdom;
and in such a case no other action pursuant to paragraph 1(b) or (c) of Schedule 17 may be taken, and no proceedings pursuant to regulation 17 may be brought, until such a notice has been so served and the person on whom it has been served has failed to comply with its requirements.
3
A compliance notice shall —
a
state that the enforcement authority suspects that the CE marking has been affixed to the product or, in the case of a component, to its packaging, in circumstances where a provision or provisions of these Regulations has or have not been complied with and the reasons for that suspicion;
b
specify the provision or provisions referred to in sub-paragraph (a) above;
c
require the person upon whom the notice is served —
i
to secure that any product to which the notice relates conforms as regards the provisions concerning the CE marking and to end the infringement within such period as may be specified in the notice; or
ii
to provide evidence within the period, to the satisfaction of the enforcement authority, that all the provisions of these Regulations, which apply to the product in question, have been complied with; and
d
warn that person that if the non-conformity continues after (or if satisfactory evidence has not been provided within) the period specified in the notice, further action may be taken under these Regulations in respect of that product or any product of the same type placed on the market by that person.
4
A compliance notice may include directions as to the measures to be taken by the person upon whom it is served to secure conformity of the product with the provisions of these Regulations, which apply to the product in question, including different ways of securing conformity.
Offences and penalties
17
Any person who contravenes regulation 7, 9 or 20 shall be guilty of an offence and shall be liable on summary conviction —
a
to imprisonment for a term not exceeding 3 months; or
b
to a fine not exceeding level 5 on the standard scale,
or to both.
Defence of due diligence
18
1
Subject to the following provisions of this regulation, in proceedings against any person for an offence under regulation 17 it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
2
Where in any proceedings against a person for such an offence the defence provided by paragraph (1) involves an allegation that the commission of the offence was due —
a
to the act or default of another; or
b
to reliance on information given by another,
that person shall not, without the leave of the court, be entitled to rely on the defence unless, not later than 7 clear days before the hearing of the proceedings (or, in Scotland, the trial diet), he has served a notice under paragraph (3) on the person bringing the proceedings.
3
A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.
4
It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular —
a
to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
b
to whether he had any reason to disbelieve the information.
Liability of persons other than the principal offender
19
1
Where the commission by any person of an offence under regulation 17 is due to an act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
2
Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
3
Where the affairs of any body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
Requirement to give information about any product which does not bear the CE marking or other product not required to bear the CE marking
20
A person who places on the market —
a
a product specified in regulation 8(1) which does not bear a CE marking and, in the case of a component, no CE marking appears on its packaging; or
b
a partly completed recreational craft, stern drive engine without integral exhaust or an inboard engine,
shall, on his being required at a reasonable time to give such information, give to an enforcement authority, or to any of its officers, all the information he has about —
i
the date when that product was placed on the market in the Community; and
ii
in the case of paragraph (a), the basis on which the product or, in the case of a component, that component’s packaging is not so marked.
Commencement of proceedings
21
In England, Wales and Northern Ireland, a magistrates' court may try an information (in the case of England and Wales) or a complaint (in the case of Northern Ireland) in respect of an offence committed under regulation 17 or section 12 of the 1987 Act in relation to a contravention of these Regulations if (in the case of England and Wales) the information is laid or (in the case of Northern Ireland) the complaint is made within twelve months from the time when the offence is committed, and in Scotland summary proceedings for such an offence may be begun at any time within twelve months from the time when the offence is committed.
Sainsbury of Turville,
Parliamentary Under Secretary of State for Science and Innovation,
Department of Trade and Industry
26th May 2004


type: legislation

jurisdiction: UK

text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Assistance (Sums for Personal Requirements and Assessment of Resources) (Amendment) (England) Regulations 2004 and shall come into force on 12th April 2004.
2
In these Regulations “the Assessment Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 .
3
These Regulations apply to England only .
Amendment of regulation 2 of the National Assistance (Sums for Personal Requirements) (England) Regulations 2003
2
In regulation 2 of the National Assistance (Sums for Personal Requirements) (England) Regulations 2003 , for the amount “£17.50” substitute the amount “£18.10”.
Amendment of regulation 20 of the Assessment Regulations
3
In regulation 20 (capital limit) of the Assessment Regulations, for the amount “£19,500” substitute the amount “£20,000”.
Amendment of regulation 28(1) of the Assessment Regulations
4
In regulation 28(1) (calculation of tariff income from capital) of the Assessment Regulations —
a
for the amount “£12,000” (both times it appears) substitute the amount “£12,250”; and
b
for the amount “£19,500” substitute the amount “£20,000”.
Amendment of Schedule 3 to the Assessment Regulations
5
In paragraph 28H of Schedule 3 to the Assessment Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in sub-paragraphs (1) and (2), for the amount “£4.50” (each time it appears) substitute the amount “£4.65”;
b
in sub-paragraphs (3) and (4), for the amount “£6.75” (each time it appears) substitute the amount “£6.95”;
c
for sub-paragraph (5) substitute the following sub-paragraph —
5
Where —
a
the sum referred to in sub-paragraph (4) has been disregarded in the assessment of the resident’s partner’s income under these Regulations, or
b
the resident’s partner is in receipt of savings credit,
sub-paragraph (4) does not apply to the resident.
.
Revocation
6
The National Assistance (Assessment of Resources) (Amendment) (England) Regulations 2003 are hereby revoked.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary State,
Department of Health
15th March 2004


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 2004 and shall come into force on 30th August 2004.
Increases in fees
2
1
Paragraph 13 of Schedule 2 to the Road Vehicles (Registration and Licensing) Regulations 2002 shall be amended as follows.
2
In the paragraphs specified in column (1) of the Table below for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
Table
(1) (2) (3) Paragraph Existing Amount (£) Substituted Amount (£)
13(1)(a) 26 27 13(1)(b) 15.50 16 13(2) 9 10 13(3) 5.50 6
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
14th July 2004


text:
Citation and commencement
1
1
These Regulations may be cited as the Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2004 and shall come into force on 31 st August 2004.
2
In these Regulations “the Tribunal Regulations ” means the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 .
Amendment of regulation 1 of the Tribunal Regulations
2
In regulation 1(2) of the Tribunal Regulations (citation, commencement and interpretation), in the definition of “the respondent”, in sub-paragraph (e), for the words “the Secretary of State for Health” substitute “the Secretary of State for Education and Skills”.
Amendment of the Tribunal Regulations
3
After regulation 4 (procedure for appeals, determinations and applications for leave), insert —
Misconceived appeals or applications etc.
4A
1
The President or the nominated chairman may at any time strike out an appeal or application for leave mentioned in regulation 4 on the grounds that —
a
it is made otherwise than in accordance with the provision in these Regulations for —
i
initiating that appeal; or
ii
applying for leave;
b
it is outside the jurisdiction of the Tribunal or is otherwise misconceived; or
c
it is frivolous or vexatious.
2
Before striking out an appeal or application for leave under this paragraph, the President or the nominated chairman must —
a
invite the parties to make representations on the matter within such period as he may direct;
b
if, within the period specified in the direction, the applicant so requests in writing, afford the parties an opportunity to make oral representations; and
c
consider any representations the parties may make.
3
Where the President or the nominated chairman strikes out an appeal or an application for leave under paragraph (1), regulation 24 (costs) shall apply as if the references to “the Tribunal” were instead references to “the President or the nominated chairman”.
4
Where, under paragraph (1), the President or the nominated chairman has made a determination to strike out an appeal or application for leave (“the determination”), the applicant may apply to the President, or to that nominated chairman, for the determination to be set aside.
5
An application under paragraph (4) must —
a
be made not later than 10 working days after the date on which notice of the determination was sent to the applicant; and
b
must be in writing stating the grounds in full.
6
In the case of an application under paragraph (4), the President, or the nominated chairman, may, if he considers that it is appropriate to do so, set aside the determination (including, where applicable, a costs order made pursuant to paragraph (3)), and may give such directions in exercise of his powers under Part IV of these Regulations as he considers appropriate.
7
Before setting aside the determination, the President or the nominated chairman may invite the parties to make representations on the matter within such period as he may direct.
8
Where the determination is set aside, the Secretary shall alter the relevant entry in the records.
.
Amendment of regulation 6 of the Tribunal Regulations
4
In regulation 6 of the Tribunal Regulations (directions) —
a
in paragraph (2)(c), after “shall”, insert “subject to paragraph (3A),”;
b
after paragraph (3), insert —
3A
If, at any time, it appears to the President or the nominated chairman that the appeal is of such a nature that it should be determined at an oral hearing, he may (after considering any representations from the parties) direct that such a hearing shall be held, but otherwise the case shall be determined without an oral hearing if the applicant has so requested.
.
Amendment of regulation 7 of the Tribunal Regulations
5
In regulation 7(1) of the Tribunal Regulations (fixing and notification of hearing), at the end, add “, and the President or nominated chairman has not directed that there be a hearing pursuant to regulation 6(3A).”.
Amendment of regulation 10 of the Tribunal Regulations
6
In regulation 10 of the Tribunal Regulations (unless orders), at the end, add —
4
If, in the opinion of the President or the nominated chairman, the party to whom an order referred to in paragraph (1) is addressed has acted unreasonably in failing to comply with an order addressed to him under this regulation, the President or the nominated chairman may make an order for costs (“a costs order”) pursuant to regulation 24 requiring that party (“the paying party”) to make a payment to the other party (“the receiving party”) to cover costs incurred by the receiving party and, in such a case, the references in regulation 24 to “the Tribunal” shall have effect as if they were references to “the President or the nominated chairman”.
5
Where, in accordance with paragraph (3), the President or the nominated chairman has determined the case in favour of the other party, the party to whom the order was addressed may apply to the President, or that nominated chairman (as the case may be), for that determination to be set aside.
6
An application under paragraph (5) must —
a
be made not later than 10 working days after the date upon which the notice of the determination was sent to the party to whom the order was addressed; and
b
must be in writing stating the grounds in full.
7
In the case of an application under paragraph (5), the President, or the nominated chairman, may, if he considers that it is appropriate to do so, direct that the determination, and any costs order made pursuant to paragraph (4), be set aside and may give such directions in exercise of his powers under this Part as he considers appropriate.
8
Before making a direction setting aside the determination, or any costs order, the President or the nominated chairman may invite the parties to make representations on the matter within such period as he may direct.
9
Where the determination, or any costs order, is set aside, the Secretary shall alter the relevant entry in the records.
.
Amendment of regulation 33 of the Tribunal Regulations
7
In regulation 33 of the Tribunal Regulations (withdrawal of proceedings or opposition to proceedings) —
a
for the words “24(2) and (3)”, in both places where they occur, substitute “24”; and
b
after paragraph (2), add —
3
Where the President or the nominated chairman dismisses the proceedings under paragraph (1) or determines the case, or the application for leave in the applicant’s favour under paragraph (2), the references to “the Tribunal” in regulation 24 shall be read as if they were references to “the President or the nominated chairman.”.
Amendment of regulation 35 of the Tribunal Regulations
8
In regulation 35 of the Tribunal Regulations (time) —
a
in paragraph (1), after the words “the nominated chairman may” insert “, having consulted the parties in the case,”; and
b
after paragraph (1), insert —
1A
The President or the nominated chairman may reduce any time limit mentioned in these Regulations if he considers it reasonable to do so and the parties in the case agree to the reduction.
.
Amendment of Schedule 1 to the Tribunal Regulations
9
Schedule 1 to the Tribunal Regulations (appeal under section 21 of the 2000 Act against a decision of the registration authority or an order of a justice of the peace) is amended as follows —
a
in sub-paragraph (3)(e)(i) of paragraph 1, for the words “or a cancellation of registration” substitute “a cancellation of registration pursuant to sections 14 or 20 of the 2000 Act, or a refusal to grant an application for cancellation of registration pursuant to section 15(1)(b) of that Act”; and
b
paragraph 4 (misconceived appeals etc.) is omitted.
Amendment of Schedule 2 to the Tribunal Regulations
10
1
Schedule 2 to the Tribunal Regulations (appeal under section 79M of the 1989 Act against a decision of the registration authority or an order of a justice of the peace) is amended in accordance with the following provisions of this regulation.
2
In paragraph 1 (initiating an appeal) —
a
for sub-paragraph (1), substitute —
1
A person who wishes to appeal to the Tribunal under section 79M of the 1989 Act against —
a
the taking of any step mentioned in section 79L(1) of that Act ;
b
an order under section 79K of that Act ; or
c
a determination in relation to the disqualification of a person for registration for child minding or providing day care under paragraph 4 of Schedule 9A to that Act ,
must do so by application in writing to the Secretary.
;
b
in sub-paragraph (4)(e), for sub-paragraph (i), substitute —
i
whether the appeal is against —
aa
the refusal or cancellation of registration;
bb
the imposition, removal or variation of any condition of registration;
cc
the refusal to remove or vary any such condition; or
dd
a determination in relation to disqualification from registration.
.
3
In paragraph 3(3)(c) (response to application) —
a
at the end of head (ii), the word “or” is omitted; and
b
at the end, add the following —
or
iv
where an appeal is against a determination in relation to disqualification from registration, a copy of the written notice of the determination and the reasons for it.
.
4
Paragraph 4 (misconceived appeals etc.) is omitted.
Amendment of Schedule 3 to the Tribunal Regulations
11
In Schedule 3 to the Tribunal Regulations (appeal under section 65A of the 1989 Act against a decision of the appropriate authority refusing to give consent under section 65 of that Act) paragraph 4 (misconceived appeals etc.) is omitted.
Amendment of Schedule 4 to the Tribunal Regulations
12
In Schedule 4 to the Tribunal Regulations (appeals and applications for leave to appeal under section 4 of the 1999 Act and appeals under regulation 13 of the Education Regulations), paragraph 5 (misconceived applications etc.) is omitted.
Amendment of Schedule 5 to the Tribunal Regulations
13
In Schedule 5 to the Tribunal Regulations (appeals and applications for leave under section 86 of the 2000 Act), paragraph 5 (misconceived applications etc.) is omitted.
Amendment of Schedule 6 to the Tribunal Regulations
14
In Schedule 6 to the Tribunal Regulations (appeal under section 68 of the 2000 Act against a decision of a council in respect of registration under Part IV of that Act) , paragraph 4 (misconceived appeals etc.) is omitted.
Amendment of Schedule 7 to the Tribunal Regulations
15
In Schedule 7 to the Tribunal Regulations (appeals under the suspension regulations) , paragraph 5 (misconceived appeals etc.) is omitted.
Amendment of Schedule 8 to the Tribunal Regulations
16
In Schedule 8 to the Tribunal Regulations (appeal under paragraph 10(1A) of Schedule 26 to the 1998 Act against a decision of the chief inspector) , paragraph 4 (misconceived appeals etc.) is omitted.
Amendment of Schedule 9 to the Tribunal Regulations
17
In Schedule 9 to the Tribunal Regulations (appeals against refusals, determinations or orders of the registration authority under the 2002 Act) , paragraph 4 (misconceived appeals etc.) is omitted.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
3rd August 2004


text:
Citation and commencement
1
This Order may be cited as the Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2004 and shall come into force on 25th October 2004.
Amendment of the Channel Tunnel (Miscellaneous Provisions) Order 1994
2
The Channel Tunnel (Miscellaneous Provisions) Order 1994 shall be amended as follows.
3
1
After article 2(3)(b), insert–
c
in Part III of Schedule 2 (being Articles or parts of Articles of the Protocol attached to and forming part of the Agreement, as applied by the Administrative Arrangement to immigration controls upon persons travelling on international trains making a commercial stop).
2
In article 3(3), after “Article 17 of the Part II provisions” insert “and to Article 17 of the Part III provisions” and after “under Article 16 of the Protocol mentioned in article 2(3)(b) above” insert “and under that Article as applied by Article 3 of the Administrative Arrangement”.
3
In Schedule 1, insert the following definitions–
Expressions defined
Expressions Meaning
“Administrative Arrangement” The Administrative Arrangement made between the Secretary of State for the Home Department of the United Kingdom of Great Britain and Northern Ireland, the Vice Prime Minister, Minister of Home Affairs of the Kingdom of Belgium, and the Minister of the Interior, of Internal Security and Local Freedoms of the French Republic, concerning the exercise of Immigration Controls by British Officials at the Gare du Midi in Brussels and by Belgian Officials at Waterloo International Station in London and Ashford International dated 1 st October 2004. “Immigration controls” The controls carried out by the authorities of the State of arrival to check whether passengers making a journey between Belgium and the United Kingdom are in possession of the necessary travel documents and fulfil the other conditions for entry to its territory. “Officers” Persons responsible for authorising departure from or entry to the State of arrival. “The Part III provisions The Provisions set out in Part III of Schedule 2.
4
In Schedule 2, insert–
Part III
Articles or parts of Articles of the Protocol attached to and forming part of the Agreement, as applied by the Administrative Arrangement to immigration controls upon passengers travelling on international trains making a commercial stop.
Article 1
This Protocol shall apply to rail traffic between the United Kingdom and Belgium travelling via the Fixed Link and making a commercial stop in French territory.
Article 2
1
The laws and regulations relating to immigration controls of one State shall be applicable in the control zone situated in the other States and shall be put into effect by the officers of that State in the same way as in their own territory.
2
The officers of each State shall be subject to the legislation of that State on the protection of individuals with regard to automated processing of personal data when using their automated data files and equipment in the control zone situated in either of the other States.
Article 3
1
The officers of the other States shall, in exercise of their national powers, be permitted in the control zone situated in the host state to detain or arrest persons in accordance with the laws relating to immigration control of their own State. These officers shall also be permitted to conduct such persons to the territory of their own State.
2
However, no person may be held for more than 24 hours in the areas reserved for immigration controls in the host State. Any such detention shall be subject to the requirements and procedures laid down by the legislation of the State of the officers who have made the detention or arrest.
Article 4
Breaches of the laws and regulations relating to immigration controls of the other States which are detected in the control zone situated in the host State shall be subject to the laws and regulations of those other States, as if the breaches had occurred in the territory of the latter.
Article 5
1
The immigration controls of the State of departure shall normally be effected before those of the state of arrival.
2
The officers of the State of arrival are not authorised to begin to carry out such controls before the end of the controls of the State of departure. Any form of relinquishment of such controls shall be considered as a control.
3
The officers of the State of departure may no longer carry out their immigration controls when the officers of the State of arrival have begun their own operations, except with the consent of the competent officers of the State of arrival.
4
If exceptionally, in the course of the immigration controls, the sequence of operations provided for in paragraph (1) of this Article is modified, the officers of the State of arrival may not proceed to detentions, arrests or seizures until the immigration controls of the State of departure are completed. In such a case, these officers shall escort any persons and goods for which the immigration controls of the State of departure are not yet completed, to the officers of that State. If these latter then wish to proceed to detentions, arrests or seizures, they shall have priority.
Article 6
If the state of arrival refuses admission to persons or goods or if the persons refuse to submit to the immigration controls of the State of arrival, or send or take back any goods which are accompanying them, the authorities of the State of departure may not refuse to accept back such persons or goods. However, the authorities of the State of departure may take any measures to deal with them in accordance with the law applicable in that State and in a way which does not impose obligations either on the State of transit or on the State of arrival.
Article 7
In an emergency, the local representatives of the authorities concerned may by mutual agreement provisionally bring into effect alterations to the delimitation of the control zones which may prove necessary. Any arrangements so reached shall come into effect immediately.
Article 8
Immigration controls on persons for the purpose of safeguarding public health shall be carried out in the control zones situated in the host State by the competent authorities of the State of arrival in conformity with the regulations applicable in that State.
Article 12
Officers of the other States may wear their national uniform or visible distinctive insignia in the host State.
Article 13
1
The authorities of the host State shall grant the same protection and assistance to officers of the other States, in the exercise of their functions, as they grant to their own officers.
2
The provisions of the criminal law in force in the host State for the protection of officers in the exercise of their functions shall be equally applicable to the punishment of offences committed against officers of the other States in the exercise of their functions.
Article 14
1
Without prejudice to the application of the provisions of Article 23 of the Agreement, claims for compensation for loss, injury or damage caused by or to officers of the other States in the exercise of their functions in the host State shall be subject to the law and jurisdiction of the State to which those officers belong as if the circumstance giving rise to the claim had occurred there.
2
Officers of the other States may not be prosecuted by the authorities of the host State for any acts performed in the control zone whilst in the exercise of their functions. In such a case, they shall come under the jurisdiction of their own State as if the act had been committed there.
3
The judicial authorities or police of the host State who take steps to record the complaint and assemble the facts relating thereto shall communicate all the particulars and evidence thereof to the competent authorities of the State to which the officer belongs for the purposes of a possible prosecution according to the laws in force in that State.
Article 17
The authorities of the Kingdom of Belgium and of the United Kingdom shall use their best endeavours to ensure that the authorities of the other party are able to make use in the host State of the accommodation, installations and equipment necessary for the performance of their functions.
Article 18
1
The officers of the other State are empowered to keep order within the accommodation appointed for their exclusive use in the host State.
2
The officers of the host State shall not have access to such accommodation except at the request of the officers of the State concerned or in accordance with the laws of the host State applicable to entry into and searches of private premises.
Article 19
All goods which are necessary to enable the officers of the other State to carry out their functions in the host State shall be exempt from all taxes and duty on entry and exit.
Article 20
The officers of the other State whilst exercising their functions in the host State shall be authorised to communicate with their national authorities.
Paul Goggins
Parliamentary Under-Secretary of State
Home Office
4th October 2004


text:
1
This Order may be cited as the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 3) Order 2004.
2
Section 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act, insofar as it is not already in force, shall come into force on 1st January 2005.
3
Sections 19 to 24 of the Asylum and Immigration (Treatment of Claimants, etc) Act, insofar as they are not already in force, shall come into force on 1st February 2005.
Scotland of Asthal Q.C.
Minister of State
Home Office
22nd December 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Benefit and Guardian’s Allowance (Decisions and Appeals) (Amendment) Regulations 2004 and shall come into force on the day following that on which they are made.
2
In these Regulations “the Decisions and Appeals Regulations ” means The Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003 ;
Amendment of the Decisions and Appeals Regulations
2
1
The Decisions and Appeals Regulations shall be amended in accordance with this regulation.
2
In regulation 28(2)(c) (appeal to appeal tribunal) after the words “following an application for a revision” insert “under regulation 5”.
3
In paragraph 6 of Schedule 2 (decisions against which no appeal lies under the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 ) omit sub-paragraphs (a) (decision as to making a claim for benefit or allowance) and (c) (decision as to defective applications).
Ann Chant
Helen Ghosh
Two of the Commissioners of Inland Revenue
20th December 2004


text:
Citation and commencement
1
This Order may be cited as the Local Elections (Ordinary Day of Election 2004) Order 2004 and shall come into force on the day after that on which it is made.
Change of ordinary day in 2004
2
1
Notwithstanding section 37 of the Representation of the People Act 1983 , in 2004 the ordinary day of election of councillors for all local government areas in England shall be the same day as the date of the poll at the European Parliamentary general election held in that year.
2
Notwithstanding section 3(2) of the Greater London Authority Act 1999 , the day on which the poll is to be held at the second ordinary election under that Act shall be the same day as the date of the poll at the European Parliamentary general election held in 2004.
3
The term of office of a councillor for a local government area in England who would regularly retire on the fourth day after the ordinary day of election in 2004 of councillors for such areas shall be a term ending with that retirement, even if as a result his term of office will be longer than the period specified for that term in any enactment .
4
Paragraph (1) above does not affect the retirement date for a councillor for a local government area in England who comes into office on the fourth day after the ordinary day of election in 2004 of councillors for such areas, even if as a result his term of office will be shorter than the period specified for that term in any enactment.
5
Section 16(1) of the Representation of the People Act 1985 shall not apply in relation to any elections of parish councillors to be held on the ordinary day of election of councillors for local government areas in England in 2004.
6
Any reference to 6th May 2004 in any order —
a
made under section 17 of the Local Government Act 1992 (implementation of recommendations for boundary, structural or electoral changes),
b
made under sections 14 and 23 of the Local Government and Rating Act 1997 (implementation of recommendations arising from parish reviews or petitions for new parishes),
c
made under sections 16, 17 and 23 of the Local Government Act 1997 (establishment of new parish councils by local authorities and electoral arrangements for such parish councils),
d
made in relation to England under section 86 of the Local Government Act 2000 (power to specify a scheme of elections), or
e
made in relation to England under section 87 of the Local Government Act 2000 (power to change years in which elections held),
shall be construed as a reference to the ordinary day of election in 2004 of councillors for local government areas in England, determined in accordance with paragraph (1) above.
7
Any reference to 10th May 2004 in any order of a type referred to in paragraph (6) shall be construed as a reference to the fourth day after the ordinary day of election in 2004 of councillors for local government areas in England, determined in accordance with paragraph (1) above.
Elections to fill casual vacancies
3
In relation to the ordinary elections in 2004 —
a
where a councillor for a principal area in England would regularly have retired on the fourth day after the ordinary day of election of such councillors in 2004, section 89(3) of the Local Government Act 1972 shall apply in relation to a casual vacancy in his office as if for “six months before” there were substituted “the period beginning with 10th November 2003 and ending immediately before”, and
b
where a parish councillor would regularly have retired on the fourth day after the ordinary day of election of such councillors in 2004, rule 8 of the Local Elections (Parishes and Communities) Rules 1986 shall apply in relation to a casual vacancy in his office as if in paragraphs (1) and (4) for “six months before” there were substituted ”the period beginning with 10th November 2003 and ending immediately before”.
Annual meetings
4
1
In relation to the year 2004, the provisions of Schedule 12 to the Local Government Act 1972 shall be modified in accordance with paragraphs (2) and (3) below.
2
Paragraph 6A(1) (date of annual meeting of joint authorities and police authorities) shall have effect, in relation to a joint authority in England or a police authority in England and Wales, as if for the words “and 30th June” there were substituted “and 31st August”.
3
Paragraph 14(1) (date of annual meeting of parish), in the case of a parish having a parish council for which 2004 is a year of ordinary elections, shall have effect as if for the words “and 1st June,” there were substituted “and 31st July”.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State
Office of the Deputy Prime Minister
March 2004


text:
Title, commencement and revocation
1
1
This Order may be cited as the General Drainage Charges (Anglian Region) Order 2004 and shall come into force on 22 nd March 2004.
2
The General Drainage Charges (Anglian Region) Order 1990 is hereby revoked.
Ascertainment of amount of general drainage charge
2
— For the purposes of ascertaining the amount per hectare at which a general drainage charge may be raised by the Environment Agency under section 134 of the Water Resources Act 1991 for a local flood defence district specified in the first column of the Schedule for the year ending 31 st March 2005 or any subsequent year, the number by which the relevant quotient is to be multiplied (as well as being multiplied by one penny) shall be the number shown in the second column of the Schedule in respect of the district in question.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
14th February 2004


text:
Citation and commencement
1
This Order may be cited as the Independent Police Complaints Commission (Forces Maintained Otherwise than by Police Authorities) Order 2004 and shall come into force on 1st April 2004.
Ministry of Defence Police
2
Procedures corresponding to the procedures provided for by or under Part 2 of the Police Reform Act 2002 shall be established and maintained in relation to —
a
any person nominated by the Secretary of State under section 1(1)(a) of the Ministry of Defence Police Act 1987 ;
b
any special constable falling within section 1(1)(b) of that Act; and
c
any person who is employed by the Secretary of State and who is under the direction and control of the chief constable of the Ministry of Defence Police.
British Transport Police Force
3
Procedures corresponding to the procedures provided for by or under Part 2 of the Police Reform Act 2002 shall be established and maintained in relation to —
a
any constable of the British Transport Police Force;
b
any employee of the Strategic Rail Authority who is under the direction and control of the chief constable of that force; and
c
any special constable of that force.
Hazel Blears
Minister of State
Home Office
9th March 2004


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment) Regulations 2004.
2
Regulations 1, 3 and 4 of these Regulations shall come into force on 9th March 2004 and regulation 2 shall come into force on 1st April 2004.
3
In these Regulations “the 2002 Regulations ” means the Police Act 1997 (Criminal Records) Regulations 2002 .
4
These Regulations extend to England and Wales.
Fees for criminal record certificates and enhanced criminal record certificates
2
1
In regulation 4 of the 2002 Regulations for “£24” there shall be substituted “£28”.
2
In regulation 4A of the 2002 Regulations for “£29” there shall be substituted “£33”.
Fees payable to police authorities for information provided to the Secretary of State
3
In regulation 12 of the 2002 Regulations for the words “section 115 or 116” there shall be substituted “section 115, 116 or 120A(4)”.
4
For Schedule 3 to the 2002 Regulations there shall be substituted the Schedule to these Regulations.
Hazel Blears
Minister of State
Home Office
11th February 2004


text:
PART 1
General
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Accession (Immigration and Worker Registration) Regulations 2004 and shall come into force on 1st May 2004.
2
In these Regulations —
a
“the 1971 Act ” means the Immigration Act 1971 ;
b
“the 2000 Regulations ” means the Immigration (European Economic Area) Regulations 2000 ;
c
“accession period” means the period beginning on 1st May 2004 and ending on 30th April 2009;
d
“accession State worker requiring registration” shall be interpreted in accordance with regulation 2;
e
“authorised employer” shall be interpreted in accordance with regulation 7;
f
“ EEA State ” means a Member State, other than the United Kingdom, or Norway, Iceland or Liechtenstein, and “ EEA national” means a national of an EEA State;
g
“employer” means, in relation to a worker, the person who directly pays the wage or salary of that worker;
h
“registration certificate” means a certificate issued under regulation 8 authorising an accession State worker requiring registration to work for an employer;
i
“relevant accession State” means the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Poland, the Republic of Slovenia and the Slovak Republic;
j
“self-sufficient person” has the same meaning as in regulation 3 of the 2000 Regulations;
k
“worker” means a worker within the meaning of Article 39 of the Treaty establishing the European Community , and “work” and “working” shall be construed accordingly.
“Accession State worker requiring registration”
2
1
Subject to the following paragraphs of this regulation, “accession State worker requiring registration” means a national of a relevant accession State working in the United Kingdom during the accession period.
2
A national of a relevant accession State is not an accession State worker requiring registration if on 30th April 2004 he had leave to enter or remain in the United Kingdom under the 1971 Act and that leave was not subject to any condition restricting his employment.
3
A national of a relevant accession State is not an accession State worker requiring registration if he was legally working in the United Kingdom on 30th April 2004 and had been legally working in the United Kingdom without interruption throughout the period of 12 months ending on that date.
4
A national of a relevant accession State who legally works in the United Kingdom without interruption for a period of 12 months falling partly or wholly after 30th April 2004 shall cease to be an accession State worker requiring registration at the end of that period of 12 months.
5
A national of a relevant accession State is not an accession State worker requiring registration during any period in which he is also a national of —
a
the United Kingdom;
b
another EEA State, other than a relevant accession State; or
c
Switzerland.
6
A national of a relevant accession State is not an accession State worker requiring registration during any period in which he is —
a
a posted worker; or
b
a family member of a Swiss or EEA national who is in the United Kingdom as —
i
a worker, other than as an accession State worker requiring registration;
ii
a self-sufficient person;
iii
a retired person; or
iv
a student.
7
For the purpose of this regulation —
a
a person working in the United Kingdom during a period falling before 1st May 2004 was legally working in the United Kingdom during that period if —
i
he had leave to enter or remain in the United Kingdom under the 1971 Act for that period, that leave allowed him to work in the United Kingdom, and he was working in accordance with any condition on that leave restricting his employment; or
ii
he was entitled to reside in the United Kingdom for that period under the 2000 Regulations without the requirement for such leave;
b
a person working in the United Kingdom on or after 1st May 2004 is legally working during any period in which he is working in the United Kingdom for an authorised employer;
c
a person shall also be treated as legally working in the United Kingdom on or after 1st May 2004 during any period in which he falls within paragraph (5) or (6).
8
For the purpose of paragraphs (3) and (4), a person shall be treated as having worked in the United Kingdom without interruption for a period of 12 months if he was legally working in the United Kingdom at the beginning and end of that period and any intervening periods in which he was not legally working in the United Kingdom do not, in total, exceed 30 days.
9
In this regulation —
a
“retired person” and “student” have the same meaning as in regulation 3 of the 2000 Regulations;
b
“posted worker” means a person whose employer is not established in the United Kingdom and who works for that employer in the United Kingdom for the purpose of providing services on his employer’s behalf;
c
“family member” means —
i
in relation to a worker, his spouse and his children who are under 21 or dependent on him;
ii
in relation to any other person, his spouse and his children who are dependent on him.
PART 2
Immigration
Amendment of the 2000 Regulations
3
In regulation 2(1) of the 2000 Regulations, for the definition of “EEA State” substitute —
“EEA State” means a Member State, other than the United Kingdom, or Norway, Iceland or Liechtenstein.
.
Right of residence of work seekers and workers from relevant acceding States during the accession period
4
1
This regulation derogates during the accession period from Article 39 of the Treaty establishing the European Community, Articles 1 to 6 of Regulation ( EEC ) No. 1612/68 on freedom of movement for workers within the Community and Council Directive (EEC) No. 68/360 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families .
2
A national of a relevant accession State shall not be entitled to reside in the United Kingdom for the purpose of seeking work by virtue of his status as a work seeker if he would be an accession State worker requiring registration if he began working in the United Kingdom.
3
Paragraph (2) is without prejudice to the right of a national of a relevant accession State to reside in the United Kingdom under the 2000 Regulations as a self-sufficient person whilst seeking work in the United Kingdom.
4
An accession State worker requiring registration shall only be entitled to reside in the United Kingdom in accordance with the 2000 Regulations as modified by regulation 5.
Application of 2000 Regulations in relation to an accession State worker requiring registration
5
1
The 2000 Regulations shall apply in relation to an accession State worker requiring registration subject to the modifications set out in this regulation.
2
An accession State worker requiring registration shall be treated as a worker for the purpose of the definition of “qualified person” in regulation 5(1) of the 2000 Regulations only during a period in which he is working in the United Kingdom for an authorised employer.
3
Subject to paragraph (4), regulation 5(2) of the 2000 Regulations shall not apply to an accession State worker requiring registration who ceases to work.
4
Where an accession State worker requiring registration —
a
begins working for an authorised employer on or after 1st May 2004; and
b
ceases working for that employer in the circumstances mentioned in regulation 5(2) of the 2000 Regulations during the one month period beginning on the date on which the work begins,
that regulation shall apply to that worker during the remainder of that one month period.
5
An accession State worker requiring registration shall not be treated as an EEA national for the purpose of the power in regulation 10 of the 2000 Regulations (dependants and members of the household of EEA nationals) to issue a residence permit or a residence document to a relative of an EEA national or his spouse.
6
An accession State worker requiring registration shall not be treated as a qualified person for the purpose of regulation 15 of the 2000 Regulations (issue of residence permits and residence documents).
Transitional provisions applying to the application of the 2000 Regulations to nationals of the accession States and their family members
6
1
Where before 1st May 2004 a qualified person or the family member of a qualified person has been given leave to enter or remain in the United Kingdom under the 1971 Act subject to conditions, those conditions shall cease to have effect on and after that date.
2
Where before 1st May 2004 directions have been given for the removal of a qualified person or the family member of a qualified person under paragraphs 8 to 10A of Schedule 2 to the 1971 Act or section 10 of the 1999 Act , those directions shall cease to have effect on and after that date.
3
Where before 1st May 2004 the Secretary of State has made a decision to make a deportation order against a qualified person or the family member of a qualified person under section 5(1) of the 1971 Act —
a
that decision shall, on and after 1st May 2004, be treated as if it were a decision under regulation 21(3)(b) of the 2000 Regulations; and
b
any appeal against that decision, or against the refusal by the Secretary of State to revoke the deportation order, made under section 63 of the 1999 Act or section 82(2)(j) or (k) of the 2002 Act before 1st May 2004 shall, on and after that date, be treated as if it had been made under regulation 29 of the 2000 Regulations.
4
In this regulation —
a
“the 1999 Act” means the Immigration and Asylum Act 1999
b
“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;
c
regulation 6 of the 2000 Regulations shall apply for the purpose of determining whether a person is the family member of another person;
d
any reference to a qualified person or to the family member of a qualified person is a reference to a person who becomes for the purpose of the 2000 Regulations a qualified person or the family member of a qualified person, as the case may be, on 1st May 2004 by virtue of regulation 3.
PART 3
Accession State worker registration
Requirement for an accession State worker requiring registration to be authorised to work
7
1
By way of derogation from Article 39 of the Treaty establishing the European Community and Articles 1 to 6 of Regulation (EEC) No. 1612/68 on freedom of movement for workers within the Community, an accession State worker requiring registration shall only be authorised to work in the United Kingdom for an authorised employer.
2
An employer is an authorised employer in relation to a worker if —
a
the worker was legally working for that employer on 30th April 2004 and has not ceased working for that employer after that date;
b
the worker —
i
during the one month period beginning on the date on which he begins working for the employer, applies for a registration certificate authorising him to work for that employer in accordance with regulation 8; and
ii
has not received a valid registration certificate or notice of refusal under regulation 8 in relation to that application or ceased working for that employer since the application was made;
c
the worker has received a valid registration certificate authorising him to work for that employer and that certificate has not expired under paragraph (5); or
d
the employer is an authorised employer in relation to that worker under paragraph (3) or (4).
3
Where a worker begins working for an employer on or after 1st May 2004 that employer is an authorised employer in relation to that worker during the one month period beginning on the date on which the work begins.
4
Where a worker was, before 1st May 2004, issued with leave to enter the United Kingdom under the 1971 Act as a seasonal worker at an agricultural camp and the worker begins working for an employer on or after 1st May 2004 as a seasonal worker at such a camp, that employer is an authorised employer in relation to that worker during the period beginning on the date on which the work begins and ending on the date on which the worker ceases working for that employer, or on 31st December 2004, which ever is the earlier.
5
A registration certificate —
a
is invalid if the worker is no longer working for the employer specified in the certificate on the date on which it is issued;
b
expires on the date on which the worker ceases working for that employer.
6
Regulation 2(7)(a) shall apply for the purpose of determining whether a person is legally working on 30th April 2004 for the purpose of this regulation.
Registration card and registration certificate
8
1
An application for a registration certificate authorising an accession State worker requiring registration to work for an employer may only be made by an applicant who is working for that employer at the date of the application.
2
The application shall be in writing and shall be made to the Secretary of State.
3
The application shall state —
a
the name, address, and date of birth of the applicant;
b
the name and address of the head or main office of the employer;
c
the date on which the applicant began working for that employer;
d
where the applicant has been issued with a registration card, the reference number of that card.
4
Unless the applicant has been issued with a registration card under paragraph (5), the application shall be accompanied by —
a
a registration fee of £50;
b
two passport size photographs of the applicant;
c
the applicant’s national identity card or passport issued by the applicant’s State;
d
a letter from the employer concerned confirming that the applicant began working for the employer on the date specified in the application.
5
In the case of an application by an applicant who has not been issued with a registration card under this paragraph, the Secretary of State shall, where he is satisfied that the application is made in accordance with this regulation and that the applicant —
a
is an accession State worker requiring registration; and
b
began working for the employer on the date specified in the application,
send the applicant a registration card and a registration certificate authorising the worker to work for the employer specified in the application, and shall return the applicant’s national identity card or passport.
6
In the case of any other application, the Secretary of State shall, if he is satisfied as mentioned in paragraph (5), send the applicant a registration certificate authorising the worker to work for the employer specified in the application.
7
A registration card issued under paragraph (5) shall contain —
a
the name, nationality and date of birth of the applicant;
b
a photograph of the applicant;
c
a reference number.
8
A registration certificate issued under paragraph (5) or (6) shall contain —
a
the name of the applicant;
b
the reference number of the applicant’s registration card;
c
the name and address of the head or main office of the employer, as specified in the application;
d
the date on which the applicant began working for the employer, as specified in the application; and
e
the date on which the certificate is issued.
9
Where the Secretary of State receives an application made in accordance with this regulation and he is not satisfied as mentioned in paragraph (5), he shall —
a
send the applicant a notice of refusal; and
b
return any documents and fee that accompanied the application to the applicant.
10
Where the Secretary of State sends a registration certificate or notice of refusal to an applicant under this regulation he shall, at the same time, send a copy of the certificate or notice to the employer concerned at the address specified in the application for that employer.
11
Certificates and notices, and copies of these documents, sent under this regulation shall be sent by post.
Restriction on employers of relevant accession State workers requiring registration
9
1
Subject to paragraph (2), if an employer employs an accession State worker requiring registration during a period in which the employer is not an authorised employer in relation to that worker, the employer shall be guilty of an offence.
2
Subject to paragraph (4), in proceedings under this regulation it shall be a defence to prove that —
a
there was produced to the employer during the one month period beginning on the date on which the worker began working for the employer a document that appeared to him to establish that the worker was not an accession State worker requiring registration; and
b
the employer took and retained a copy of that document.
3
Subject to paragraph (4), in proceedings under this regulation it shall be a defence to prove that —
a
there was produced to the employer during the one month period beginning on the date on which the worker began working for the employer a document that appeared to him to establish that the worker had applied for a registration certificate in accordance with regulation 8 authorising the worker to work for that employer;
b
the employer took and retained a copy of that document; and
c
the employer has not received a copy of a registration certificate or notice of refusal in relation to that application.
4
The defence afforded by paragraph (2) or (3) shall not be available in any case where the employer knew that his employment of the worker would constitute an offence under this regulation.
5
A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6
Where an offence under this regulation 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 purporting to act in such a capacity,
he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
7
Where the affairs of a body corporate are managed by its members, paragraph (6) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
8
Where an offence under this regulation is committed by a partnership (other than a limited partnership) each partner shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
9
Paragraph (6) shall have effect in relation to a limited partnership as if —
a
a reference to a body corporate were a reference to a limited partnership; and
b
a reference to an officer of the body corporate were a reference to a partner.
10
Section 28(1) of the 1971 Act (extended time limit for prosecution) shall apply in relation to an offence under this regulation.
11
An offence under this regulation shall be treated as —
a
a relevant offence for the purpose of sections 28B and 28D of that Act (search, entry and arrest); and
b
an offence under Part III of that Act (criminal proceedings) for the purposes of sections 28E, 28G and 28H (search after arrest).
Home Office
Des Browne
Minister of State
28th April 2004