text:
PART 1 Introduction
Title, application and commencement
1
This Order may be cited as the Bluetongue (No. 2) Order 2007; it applies in England and comes into force on 23rd November 2007.
Interpretation
2
1
In this Order —
“animal” means a ruminant animal, and “carcase”, “embryo”, “ovum” and “semen” mean the carcase, embryo, ovum and semen of such an animal;
“premises” includes any place; and
“midge” means an insect of the genus Culicoides.
2
Any authorisation, licence, notice or direction under this Order must be in writing, may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time.
Extension of the definition of “disease”
3
The definition of “disease” in section 88(1) of the Animal Health Act 1981 is extended to include bluetongue.
Exemptions
4
1
This Order does not apply to bluetongue virus possessed under a licence issued under the Specified Animal Pathogens Order 1998 .
2
It does not apply to quarantine centres or quarantine facilities approved under the Animals and Animal Products (Import and Export) (England) Regulations 2006 .
PART 2 Suspected and confirmed bluetongue
Initial requirements where bluetongue is known or suspected
5
1
The owner or keeper of any animal or carcase, or any person who examines or inspects any animal or carcase, who knows or suspects that the animal or carcase is infected with bluetongue, must —
a
immediately notify the Divisional Veterinary Manager; and
b
not move any animal or carcase on or off the premises where the animal or carcase known to be or suspected of being diseased is located, except as authorised by an inspector.
2
A person who analyses a sample taken from any animal or carcase and who finds evidence of antibodies to, or antigens or nucleic acids of, the bluetongue virus or any evidence of vaccination for bluetongue must immediately notify the Divisional Veterinary Manager.
3
In this article “Divisional Veterinary Manager” means the veterinary inspector authorised by the Secretary of State to receive information about animals or carcases diseased or suspected of being diseased for the area in which such animals or carcases are situated.
Suspected or infected premises
6
1
An inspector who knows or suspects that the bluetongue virus exists on any premises must immediately serve a notice on the occupier or on the keeper of any animals on those premises requiring that —
a
no animal, ovum, semen or embryo enters or leaves the premises;
b
an inventory of all animals on the premises is made, recording, for each species —
i
the number dead;
ii
the number alive that appear to have bluetongue; and
iii
the number alive which do not appear to have bluetongue;
c
the inventory is kept up to date;
d
all animals on the premises are kept indoors or as directed by an inspector;
e
the premises and animals on them are subject to the midge control measures specified in the notice.
2
A veterinary inspector or an inspector acting under the direction of a veterinary inspector may also serve such a notice on the occupier of premises if the veterinary inspector suspects that animals on the premises have been exposed to the bluetongue virus.
3
The person making the inventory must keep a record of it for at least two years.
Confirmation of bluetongue on premises
7
1
Once a veterinary inspector is satisfied that bluetongue exists on any premises, the veterinary inspector may serve a notice on the occupier of those premises —
a
confirming the existence of bluetongue on the premises; and
b
notifying the occupier that, notwithstanding article 5, it is unnecessary to notify any further suspected cases of bluetongue on the premises to the Divisional Veterinary Manager.
2
The veterinary inspector may also serve a notice on the occupier of any laboratory analysing samples for bluetongue notifying the occupier that notwithstanding article 5, it is unnecessary to notify the Divisional Veterinary Manager of any further evidence of bluetongue, or vaccination for bluetongue, from the affected premises.
Powers of veterinary inspectors and officers
8
If a notice has been served under article 6, a veterinary inspector (and, other than in the case of examination of an animal, an inspector or an officer of the Secretary of State acting under the direction of a veterinary inspector) upon entering the premises may —
a
examine any animal, carcase or thing;
b
require the detention, isolation, restraint or treatment of any animal;
c
carry out an epidemiological investigation relevant to the control of bluetongue;
d
carry out tests and take samples (including blood samples) from any animal, carcase or thing for the purpose of diagnosis or epidemiological investigation;
e
mark for identification purposes any animal, carcase or thing;
f
trap midges;
g
implement midge control measures;
h
require the destruction, burial, disposal or treatment of any thing;
i
require the cleansing and disinfection of any part of the premises or of any person, animal or thing on the premises; or
j
require any person who knows about an animal’s movements to give details of those movements and of any other animal with which it has been in contact.
Temporary control zones
9
1
If an inspector suspects that the bluetongue virus exists on any premises, the Secretary of State may declare a temporary control zone.
2
When a temporary control zone has been established in Wales or Scotland which touches the border with England the Secretary of State may establish an associated temporary control zone in England.
3
The location and size of the temporary control zone shall be such as the Secretary of State considers appropriate to prevent the spread of disease.
4
Where a temporary control zone has been established, no person may move any animal on to or off premises in the zone except in accordance with a licence issued by a veterinary inspector.
5
A temporary control zone ceases to exist in any area subsequently incorporated into a control zone or a restricted zone.
Measures on confirmation of the bluetongue virus
10
1
If the Chief Veterinary Officer confirms that the bluetongue virus is circulating in England, the Secretary of State, on being satisfied on epidemiological, geographical, ecological or meteorological grounds that this is appropriate for disease control purposes, must declare an area to be a control zone.
2
The control zone must include the infected premises, and be of such size as the Secretary of State considers appropriate for disease control purposes.
3
No person may move an animal to or from premises in a control zone.
Restrictions in protection and surveillance zones
11
1
If the Chief Veterinary Officer confirms that the bluetongue virus is circulating in England the Secretary of State —
a
must declare an appropriate area to be a restricted zone, and
b
may divide the restricted zone into two separate zones, a protection zone and a surveillance zone.
2
No person may move an animal, semen, ovum or embryo out of a restricted zone except under the authority of a licence granted by an inspector.
3
No person may move an animal from a protection zone to a surveillance zone except under the authority of a licence granted by an inspector.
4
An inspector must grant a licence if the movement is permitted under Commission Regulation (EC) No. 1266/2007 as amended from time to time, and the conditions of any licence must be such as to ensure that the movement is made in accordance with that Regulation.
Premises straddling zones
12
1
Premises partly inside a temporary control zone and not inside any other zone are treated as being inside the temporary control zone.
2
Premises partly inside a control zone are treated as being inside that zone.
3
Otherwise —
a
if a restricted zone has been divided into a protection zone and a surveillance zone premises partly inside the protection zone and partly inside the surveillance zone are treated as being inside the protection zone;
b
premises partly inside a restricted zone and partly inside an area that does not have controls for bluetongue are treated as being inside the restricted zone; and
c
premises partly inside a restricted zone and partly inside a temporary control zone are treated as being inside the restricted zone.
Powers of inspectors and officers in control or restricted zones
13
1
In a control or restricted zone, veterinary inspectors, officers authorised by the Secretary of State and inspectors have the powers they have in article 8.
2
A veterinary inspector may also —
a
require the occupier of premises in a protection zone or the keeper of any animal on such premises to allow the vaccination of any animal kept there; and
b
require the occupier or keeper —
i
to retain animals for use as sentinel animals, or
ii
to allow the introduction of sentinel animals onto those premises.
3
In this article “sentinel animal” means an animal that does not have antibodies to the bluetongue virus when first introduced or retained at the premises, and is used for surveillance for the bluetongue virus.
Slaughter of animals
14
1
The Secretary of State may designate slaughterhouses for the purposes of slaughtering animals transported out of a restricted zone.
2
If an animal is transported from a restricted zone to a slaughterhouse outside the restricted zone in accordance with a licence, the occupier of the slaughterhouse must slaughter the animal within 24 hours of arrival.
Subsequent movement of animals
15
If an animal, semen, ovum or embryo that has been in a restricted zone is moved on to premises outside the restricted zone, an inspector may serve a notice on the occupier of those premises, and on the occupier of any premises to which the animal, semen, ovum or embryo is subsequently moved, prohibiting its movement from those premises except under the authority of a licence issued by an inspector.
Bluetongue outside England
16
If bluetongue is confirmed outside England, the Secretary of State may declare a temporary control zone, control zone or restricted zone in England if this is appropriate for disease control purposes.
Slaughter of animals
17
Section 32 of the Animal Health Act 1981 (which relates to slaughter and compensation) applies to bluetongue.
Declarations of zones
18
Declarations of zones —
a
must be in writing;
b
may be amended by further declaration at any time;
c
must designate the extent of the zone being declared; and
d
may only be revoked by further declaration.
PART 3 Miscellaneous
Surveillance
19
An officer of the Secretary of State may enter any premises on which animals are kept (whether or not in a control zone or restricted zone) for the purposes of monitoring or surveillance for the bluetongue virus or antibodies to the bluetongue virus.
Vaccination against bluetongue
20
No person may vaccinate an animal against bluetongue unless authorised by the Secretary of State.
Powers of inspectors in case of default
21
A notice served under this Order must be complied with at the expense of the person on whom it is served, and if it is not complied with an inspector may arrange for it to be complied with at the expense of that person.
General powers of inspectors
22
An inspector or officer of the Secretary of State who enters premises under this Order may take with him —
a
a vehicle;
b
any equipment; and
c
such other person as is appropriate.
Damage
23
No person may —
a
damage, interfere with or remove any traps set for midges under this Order; or
b
deface, obliterate or remove any mark made by any person under this Order.
Licences
24
1
A person moving anything under the authority of a specific licence granted under this Order must —
a
keep the licence or a copy of it with him at all times during the licensed movement;
b
on demand by a veterinary inspector or other officer of the Secretary of State or by an inspector, produce the licence or copy and allow a copy or extract to be taken.
2
A person moving anything under the authority of a general licence granted under this Order must —
a
carry, at all times during the movement, a consignment note that contains details of —
i
what is being transported, including the quantity;
ii
the date of the movement;
iii
the name of the consignor;
iv
the address of the premises from which the movement started;
v
the name of the consignee;
vi
the address of the premises of destination;
b
on demand by a veterinary inspector or other officer of the Secretary of State or by an inspector, produce the consignment note and allow a copy or extract to be taken.
Licences granted outside England
25
Licences granted in Scotland or Wales for activities which could be licensed in England under this Order have effect in England as if they were licences granted under this Order.
Provision of assistance
26
1
Any person required to give reasonable assistance or information to a person acting under this Order must, unless he has reasonable cause, do so without delay.
2
No person shall provide information which he knows to be false or misleading to a person acting under this Order.
Offences by bodies corporate
27
1
Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate; or
b
any person who was purporting to act in any such capacity,
that person is guilty of the offence as well as the body corporate.
2
For the purposes of this article, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Enforcement
28
1
This Order is enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or to particular cases, that he will enforce this Order instead.
Revocation
29
The Bluetongue Order 2007 is revoked.
Jonathan Shaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
22nd November 2007


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2007 and comes into force on 6th June 2007.
Amendment of the Regulated Activities Order
2
The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 is amended as follows.
3
In article 3(1), in the definition of “qualifying contract of insurance”, in paragraph (b), omit sub-paragraph (ii).
Alan Campbell
Kevin Brennan
Two of the Lords Commissioners of Her Majesty’s Treasury
26th April 2007


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Day Care and Child Minding (Registration Fees) (England) (Amendment) Regulations 2007 and come into force on 3rd September 2007.
2
These Regulations apply only in relation to England.
3
In these Regulations “the 2005 Regulations ” means the Day Care and Child Minding (Registration Fees) (England) Regulations 2005 .
Amendment of the 2005 Regulations
2
1
The 2005 Regulations are amended as follows.
2
In regulation 3 (applications for registration) —
a
for “£18”, in each place where it appears, substitute “£20”;
b
for “£150” substitute “£155”.
3
In regulation 4 (periodic fees) —
a
for “£14”, in each place where it appears, substitute “£15”;
b
for “£120” substitute “£125”.
Beverley Hughes
Minister of State
Department for Education and Skills
20th June 2007


text:
Citation and commencement
1
This Order may be cited as the European Communities (Employment in the Civil Service) Order 2007 and shall come into force on the day after it is made.
Amendment of the Aliens’ Employment Act 1955
2
1
Amend the Aliens’ Employment Act 1955 as follows.
2
In subsection (1) of section 1 (provision for civil employment of aliens), for paragraph (c) substitute “(c) if he is a relevant European and he is not employed in a reserved post;”.
3
After subsection (4) of that section insert —
5
In subsection (1)(c) “a relevant European” means —
a
a national of a EEA State or a person who is entitled to take up any activity as an employed person in the United Kingdom by virtue of Article 23 of Council Directive 2004/38/ EEC (right of family members of nationals of EEA States to take up employment where that national is employed);
b
a Swiss national or a person who is entitled to take up any activity as an employed person in the United Kingdom by virtue of Article 7(e) and Article 3(5) of Annex 1 of the Agreement between the European Community and its member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons signed at Luxembourg on 21 st June 1999 (right of spouses and certain family members of Swiss nationals to take up economic activity, whatever their nationality); or
c
a person who is entitled to take up any activity as an employed person in the United Kingdom by virtue of Article 6(1) or 7 (rights of certain Turkish nationals and their family members to take up any economic activity, whatever their nationality) of Decision 1/80 of 19 September 1980 of the Association Council set up by the Agreement establishing an Association between the European Economic Community and Turkey, signed at Ankara on 12 September 1963 .
6
In subsection (1)(c) “a reserved post” means —
a
a post in the security and intelligence services; or
b
a post falling within subsection (7) or (8) which the responsible Minister considers needs to be held otherwise than by a relevant European.
7
The posts falling within this subsection are —
a
a post in Her Majesty’s Diplomatic Service and posts in the Foreign and Commonwealth Office; and
b
posts in the Defence Intelligence Staff.
8
The posts falling within this subsection are posts whose functions are concerned with —
a
access to intelligence information received directly or indirectly from the security and intelligence services;
b
access to other information which, if disclosed without authority or otherwise misused, might damage the interests of national security;
c
access to other information which, if disclosed without authority or otherwise misused, might be prejudicial to the interests of the United Kingdom or the safety of its citizens; or
d
border control or decisions about immigration.
9
In this section “the security and intelligence services” means —
a
the Security Service;
b
the Secret Intelligence Service; and
c
the Government Communications Headquarters.
.
Amendment of the European Communities (Employment in the Civil Service) Order 1991
3
1
Amend the European Communities (Employment in the Civil Service) Order 1991 as follows.
2
In article 3 (employment of aliens in the Northern Ireland Civil Service), omit the words after “Northern Ireland” and substitute “if he is a relevant European and he is not employed in a reserved post.”.
3
After article 3 insert —
4
In this Order “a relevant European” means —
a
a national of a EEA State or a person who is entitled to take up any activity as an employed person in the United Kingdom by virtue of Article 23 of Council Directive 2004/38/EEC (right of family members of nationals of EEA States to take up employment where that national is employed);
b
a Swiss national or a person who is entitled to take up any activity as an employed person in the United Kingdom by virtue of Article 7(e) and Article 3(5) of Annex 1 of the Agreement between the European Community and its member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons signed at Luxembourg on 21 st June 1999 (right of spouses and certain family members of Swiss nationals to take up economic activity, whatever their nationality); or
c
a person who is entitled to take up any activity as an employed person in the United Kingdom by virtue of Article 6(1) or 7 (rights of certain Turkish nationals and their family members to take up any economic activity, whatever their nationality) of Decision 1/80 of 19 September 1980 of the Association Council set up by the Agreement establishing an Association between the European Economic Community and Turkey, signed at Ankara on 12 September 1963 .
5
In this Order “a reserved post” means a post falling within article 6 which the Secretary of State considers needs to be held otherwise than by a relevant European.
6
The posts falling within this article are posts whose functions are concerned with —
a
access to intelligence information received directly or indirectly from the security and intelligence services;
b
access to other information which, if disclosed without authority or otherwise misused, might damage the interests of national security;
c
access to other information which, if disclosed without authority or otherwise misused, might be prejudicial to the interests of the United Kingdom or the safety of its citizens; or
d
border control or decisions about immigration.
7
In this Order “the security and intelligence services” means —
a
the Security Service;
b
the Secret Intelligence Service; and
c
the Government Communications Headquarters.
.
Christine Cook
Deputy Clerk of the Privy Council


text:
Citation, commencement, extent and interpretation
1
1
This order may be cited as the Crime and Disorder Strategies (Prescribed Descriptions) (England) (Amendment) Order 2007 and shall come into force on 31st July 2007.
2
This Order shall apply to England only.
3
In this Order “the 2004 Order ” means the Crime and Disorder Strategies (Prescribed Descriptions) (England) Order 2004
Amendments to the 2004 Order
2
1
At the end of article 2(2)(d) of the 2004 Order delete “and”.
2
At the end of article 2(2)(e) of the 2004 Order substitute “; and” for the full stop.
3
Following article 2(2)(e) insert —
f
a social landlord, registered under Part 1 of the Housing Act 1996 , which is a landlord of accommodation in that local government area.
.
3
For article 3(2)(a) of the 2004 Order substitute —
a
the Environment Agency;
.
Scotland of Asthal, Q.C.
Minister of State
Home Office
26th June 2007


text:
Citation and commencement
1
These Regulations may be cited as the Removal and Disposal of Vehicles (Amendment) (England) Regulations 2007 and shall come into force on 31st March 2008.
Preliminary
2
The Removal and Disposal of Vehicles Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
Powers of parking attendants to remove vehicles
3
In regulation 5A the following paragraph shall be added after paragraph (7) —
8
This regulation shall not apply to a vehicle found in a civil enforcement area for parking contraventions (as defined by regulation 5C(4)) on or after 31st March 2008.
Removal of vehicles from roads in England by civil enforcement officer
4
The following regulation shall be inserted after regulation 5B —
Power of civil enforcement officers to remove vehicles in a civil enforcement area for parking contraventions in England
5C
1
Paragraph (2) applies where —
a
a vehicle has been permitted to remain at rest on a road in a civil enforcement area for parking contraventions in England; and
b
a civil enforcement officer has, in accordance with regulation 9 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 , fixed a penalty charge notice to the vehicle or handed such a notice to the person appearing to him to be in charge of the vehicle.
2
Where this paragraph applies, a civil enforcement officer or a person acting under his direction may subject to paragraph (3) remove the vehicle concerned —
a
to another position on the road where it is found;
b
to another road; or
c
to a place which is not on a road.
3
The power conferred by paragraph (2) is not exercisable where the vehicle concerned is in a parking place and a penalty charge notice has been served as mentioned in paragraph (1)(b) in respect of a contravention consisting of, or arising out of, a failure —
a
to pay a parking charge with respect to the vehicle;
b
properly to display a ticket or parking device; or
c
to remove the vehicle from the parking place by the end of the period for which the appropriate charge was paid,
until the appropriate period has elapsed since the giving of that penalty charge notice in respect of the contravention.
4
In this regulation —
“the appropriate period” means —
in the case of a vehicle as respects which there are 3 or more penalty charges outstanding, 15 minutes;
in any other case 30 minutes;
“civil enforcement area for parking contraventions” and “civil enforcement officer” have the same meanings as in the Traffic Management Act 2004 (see Schedule 8 and section 76 of that Act);
“outstanding” in relation to a penalty charge has the same meaning as in the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (see regulation 2(2), (3) and (4) of those Regulations);
“parking place” has the meaning given by section 79(7) of the Traffic Management Act 2004;
“penalty charge” has the same meaning as in the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (see regulation 2(1) of those Regulations); and
“penalty charge notice” has the same meaning as in the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (see regulation 8(1) of those Regulations).
Signed by authority of the Secretary of State for Transport
Rosie Winterton
Minister of State
Department for Transport
10th December 2007


text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Notification of Marketing of Food for Particular Nutritional Uses (England) Regulations 2007;
b
come into force on 1st March 2007; and
c
apply in relation to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“the Directive” means Council Directive 89/398/ EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses ;
“food authority” does not include —
the council of a district of a non-metropolitan county except where the county functions have been transferred to that council pursuant to a structural change, or
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“ PNU food” means a food for a particular nutritional use which —
owing to its special composition or process of manufacture, is clearly distinguishable from food intended for normal consumption, and
is sold in such a way as to indicate its suitability for its claimed particular nutritional purpose,
but does not fall within any of the following classifications —
infant formulae and follow-on formulae,
processed cereal-based foods and baby foods for infants and young children,
food intended for use in energy-restricted diets for weight reduction,
dietary foods for special medical purposes,
foods intended to meet the expenditure of intense muscular effort, especially for sportsmen, and
foods for persons suffering from carbohydrate-metabolism disorders (diabetes);
“particular nutritional use” means the fulfilment of the particular nutritional requirements of —
certain categories of persons whose digestive processes are, or whose metabolism is, disturbed, or
certain categories of persons whose physiological condition renders them able to obtain a special benefit from the controlled consumption of any substance in food, or
infants or young children in good health; and
“sell” includes possess for sale and offer, expose or advertise (otherwise than by means of a label or wrapper) for sale.
2
Other expressions used in these Regulations and in the Directive have the same meaning in these Regulations as they have in the Directive.
Restriction on sale
3
1
No person who, in respect of a PNU food product of a particular type —
a
is a manufacturer or an importer referred to in Article 9 of the Directive, but
b
has failed to comply with —
i
a requirement to notify the competent authority, as referred to in paragraph 1 or 2 of that Article, or
ii
a requirement to produce anything to the competent authority, as referred to in paragraph 3 of that Article,
shall sell a PNU food product of that type.
2
For the purposes of paragraph (1) the competent authority is —
a
in respect of PNU food manufactured in England, or imported into England from outside the United Kingdom, the Food Standards Agency;
b
in respect of PNU food manufactured in (or imported from outside the United Kingdom into) another territory within the United Kingdom, the authority duly designated in that territory as the competent authority for the purposes of Article 9 of the Directive in respect of the food.
Declaration
4
1
Where the Agency has detailed grounds for establishing that a foodstuff intended for a particular nutritional use which does not belong to one of the groups listed in Annex I to the Directive does not comply with Article 1(2) of the Directive or endangers human health, it may by written declaration suspend or restrict trade in that product.
2
Such a declaration shall be published in such manner as the Agency thinks fit and shall specify the product concerned.
3
A declaration which imposes conditions on trade in any product shall specify those conditions.
4
Where a declaration is in force suspending trade in any product, no person shall trade in that product.
5
Where a declaration is in force imposing conditions on trade in any product, no person shall trade in that product unless the product complies with conditions specified in the declaration.
6
A declaration may be modified, suspended or revoked by a further written declaration published, so far as is practicable, in the same manner and to the same extent as the original declaration.
Enforcement
5
Each food authority shall enforce and execute these Regulations in its area.
Offences and penalties
6
If any person without reasonable excuse contravenes regulation 3(1) or regulation 4(4) or (5), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Application of various provisions of the Food Safety Act 1990
7
The following provisions of the Act shall apply for the purposes of these Regulations and any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations:
a
section 2 (extended meaning of “sale” etc );
b
section 3 (presumptions that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence) as it applies for the purposes of section 14 or 15 of the Act;
e
section 22 (defence of publication in the course of business);
f
section 30(8) (which relates to documentary evidence);
g
section 33(1) (obstruction etc. of officers);
h
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by paragraph (g);
i
section 35(1) (punishment of offences) in so far as it relates to offences under section 33(1) as applied by paragraph (g);
j
section 35(2) and (3) in so far as it relates to offences under section 33(2) as applied by paragraph (h);
k
section 36 (offences by bodies corporate);
l
section 36A (offences by Scottish partnerships); and
m
section 44 (protection of officers acting in good faith).
Revocation
8
In so far as they apply in relation to England, the Notification of Marketing of Food for Particular Nutritional Uses (England and Wales) Regulations 2002 are revoked.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State
Department of Health
20th January 2007


text:
Citation and commencement
1
This Order may be cited as the Offshore Installations (Safety Zones) (No.6) Order 2007 and shall come into force on 6th September 2007.
Establishment of safety zones
2
A safety zone is established around each installation specified in column 1 of the Schedule (being an installation stationed in waters to which subsection (7) of section 21 of the Petroleum Act 1987 applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
16th August 2007


text:
Citation and commencement
1
1
These Regulations may be cited as the Accession (Immigration and Worker Registration) (Amendment) Regulations 2007 and shall come into force on 2nd April 2007.
2
Regulations 2 and 3 shall not have effect in relation to an application for a registration certificate under regulation 8 of the Accession (Immigration and Worker Registration) Regulations 2004 made before 2nd April 2007.
Amendment of the Accession (Immigration and Worker Registration) Regulations 2004
2
In regulation 8(4)(a) of the Accession (Immigration and Worker Registration) Regulations 2004, for “£70” substitute “£90”.
Revocation
3
The Accession (Immigration and Worker Registration) (Amendment) Regulations 2005 are revoked.
Liam Byrne
Minister of State
Home Office
19th March 2007


text:
Citation and commencement
1
This Order may be cited as the Railways (North and West London Lines) Exemption Order 2007 and comes into force on 11th November 2007.
Interpretation
2
In this Order —
“concession agreement” means an agreement entered into by a TfL company, pursuant to which another person agrees to provide a railway passenger service for that TfL company;
“TfL company” means Transport for London or any of its subsidiaries; and
“TfL concessionaire” means, in respect of a railway passenger service provided for a TfL company, the person who has agreed by a concession agreement to provide that service.
Franchise exemption
3
Exemption from designation under section 23(1) of the Railways Act 1993 (passenger services to be subject to franchise agreements) is granted to each TfL concessionaire in respect of any railway passenger service operated by that concessionaire on a route specified in the Schedule.
Signed by authority of the Secretary of State for Transport
Tom Harris
Parliamentary Under Secretary of State
Department for Transport
21st June 2007


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2007 and shall come into force on 2nd April 2007.
2
In these Regulations:
“asylum claimant” means a person making a claim for asylum which has not been determined or has been granted;
“claim for asylum” has the meaning given in section 94(1) of the Immigration and Asylum Act 1999 , and a claim for asylum is taken to be determined —
on the day on which the Secretary of State notifies the claimant of his decision on the claim,
if the claimant has appealed against the Secretary of State’s decision, on the day on which the appeal is disposed of, or
if the claimant has brought an in-country appeal against an immigration decision under section 82 of the Nationality, Immigration and Asylum Act 2002 or section 2 of the Special Immigration Appeals Commission Act 1997 , on the day on which the appeal is disposed of;
“dependant”, in respect of a person, means —
the spouse, civil partner, unmarried partner or same sex partner, or
a child under the age of eighteen,
of that person; and
“public enquiry office” means a public enquiry office of the Border and Immigration Agency of the Home Office.
Prescribed Forms
3
1
Subject to paragraph (2), the form set out in Schedule 1 is prescribed for an application for limited or indefinite leave to remain in the United Kingdom as:
a
a business person,
b
a sole representative,
c
a retired person of independent means,
d
an investor, or
e
an innovator,
for the purposes of the immigration rules.
2
Paragraph (1) does not apply to an application for limited or indefinite leave to remain in the United Kingdom as a business person where the application is made under the terms of a European Community Association Agreement.
4
The form set out in Schedule 2 is prescribed for an application for limited leave to remain in the United Kingdom:
a
for work permit employment,
b
as a seasonal agricultural worker,
c
for the purpose of employment under the Sectors-Based Scheme, or
d
for Home Office approved training or work experience,
for the purposes of the immigration rules.
5
The form set out in Schedule 3 is prescribed for an application for limited leave to remain in the United Kingdom as a highly skilled migrant for the purposes of the immigration rules.
6
The form set out in Schedule 4 is prescribed for an application for limited leave to remain in the United Kingdom as:
a
the spouse or civil partner of a person present and settled in the United Kingdom, or
b
the unmarried partner or same sex partner of a person present and settled in the United Kingdom,
for the purposes of the immigration rules.
7
The form set out in Schedule 5 is prescribed for an application for limited leave to remain in the United Kingdom:
a
as a student,
b
as a student nurse,
c
to re-sit an examination,
d
to write up a thesis,
e
as a student union sabbatical officer, or
f
as a prospective student,
for the purposes of the immigration rules.
8
The form set out in Schedule 6 is prescribed for an application for limited leave to remain in the United Kingdom as a participant in the Science and Engineering Graduates Scheme for the purposes of the immigration rules.
9
The form set out in Schedule 7 is prescribed for an application for limited leave to remain in the United Kingdom as a participant in the Fresh Talent: Working in Scotland Scheme for the purposes of the immigration rules.
10
1
The form set out in Schedule 8 is prescribed for an application for limited leave to remain in the United Kingdom as:
a
a visitor,
b
a visitor seeking to undergo or continue private medical treatment,
c
a postgraduate doctor or dentist or a trainee general practitioner,
d
an au pair,
e
a teacher or language assistant under an approved exchange scheme,
f
a representative of an overseas newspaper, news agency or broadcasting organisation,
g
a private servant in a diplomatic household,
h
a domestic worker in a private household,
i
an overseas government employee,
j
a minister of religion, missionary or member of a religious order,
k
a visiting religious worker or a religious worker in a non-pastoral role,
l
a member of the operational ground staff of an overseas-owned airline,
m
a person with United Kingdom ancestry,
n
a writer, composer or artist,
o
an overseas qualified nurse or midwife, or
p
the spouse, civil partner or child of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971,
for the purposes of the immigration rules.
2
Subject to paragraph (3), the form set out in Schedule 8 is prescribed for an application for limited leave to remain in the United Kingdom for any other reason or purpose for which provision is made in the immigration rules but which is not covered by the forms prescribed by regulations 3 to 9.
3
Paragraph (2) does not apply to an application for limited leave to remain in the United Kingdom where:
a
the application is made under the terms of a European Community Association Agreement, or
b
the basis on which the application is made is that the applicant is an asylum claimant or a dependant of an asylum claimant.
11
The form set out in Schedule 9 is prescribed for an application for indefinite leave to remain in the United Kingdom as:
a
the spouse or civil partner of a person present and settled in the United Kingdom, or
b
the unmarried partner or same sex partner of a person present and settled in the United Kingdom,
for the purposes of the immigration rules.
12
The form set out in Schedule 10 is prescribed for an application for indefinite leave to remain in the United Kingdom as:
a
the child under the age of eighteen of a parent, parents or relative present and settled in the United Kingdom,
b
the adopted child under the age of eighteen of a parent or parents present and settled in the United Kingdom, or
c
the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom,
for the purposes of the immigration rules.
13
The form set out in Schedule 11 is prescribed for an application for indefinite leave to remain in the United Kingdom as a victim of domestic violence.
14
l
The form set out in Schedule 12 is prescribed for an application for indefinite leave to remain in the United Kingdom:
a
as a work permit holder,
b
as a highly skilled migrant,
c
as a representative of an overseas newspaper, news agency or broadcasting organisation,
d
as a private servant in a diplomatic household,
e
as a domestic worker in a private household,
f
as an overseas government employee,
g
as a minister of religion, missionary or member of a religious order,
h
as a member of the operational ground staff of an overseas-owned airline,
i
as a person with United Kingdom ancestry,
j
as a writer, composer or artist,
k
on the basis of long residence in the United Kingdom, or
l
as a foreign or Commonwealth citizen discharged from HM Forces,
for the purposes of the immigration rules.
2
Subject to paragraph (3), the form set out in Schedule 12 is prescribed for an application for indefinite leave to remain in the United Kingdom for any other reason or purpose for which provision is made in the immigration rules but which is not covered by the forms prescribed by regulations 11, 12 or 13.
3
Paragraph (2) does not apply to an application for indefinite leave to remain in the United Kingdom where:
a
the application is made under the terms of a European Community Association Agreement,
b
the basis on which the application is made is that the applicant is an asylum claimant or a dependant of an asylum claimant.
15
An application for leave to remain in the United Kingdom which is made by a person (“the main applicant”) on a form prescribed by any of the regulations 3 to 14 above may include an application in respect of any person applying for leave to remain in the United Kingdom as a dependant of the main applicant.
Prescribed procedures
16
1
The following procedures are prescribed in relation to an application for which a form is prescribed by regulations 3 to 14:
a
the form shall be signed and dated by the applicant, save that where the applicant is under the age of eighteen, the form may be signed and dated by the parent or legal guardian of the applicant on behalf of the applicant;
b
the application shall be accompanied by such documents and photographs as specified in the form; and
c
each part of the form shall be completed as specified in the form.
2
The following procedures are prescribed in relation to delivery of an application for which a form is prescribed:
a
in relation to an application for which a form is prescribed by regulation 3, the application shall be sent by prepaid post or by courier to the Border and Immigration Agency of the Home Office; it may not be submitted in person at a public enquiry office,
b
in relation to an application for which a form is prescribed by regulation 4, the application shall be:
i
sent by prepaid post or by courier to Work Permits ( UK ) at the Border and Immigration Agency of the Home Office, or
ii
submitted in person at the Croydon public enquiry office (but no other public enquiry office),
c
in relation to an application for which a form is prescribed by regulation 5, the application shall be sent by prepaid post or by courier to Work Permits (UK) at the Border and Immigration Agency of the Home Office, and may not be submitted in person at a public enquiry office,
d
in relation to an application for which a form is prescribed by regulations 6 to 12 and regulation 14, the application shall be:
i
sent by prepaid post to the Border and Immigration Agency of the Home Office, or
ii
submitted in person at a public enquiry office,
e
in relation to an application for which a form is prescribed by regulation 13, the application shall be sent by prepaid post to the Border and Immigration Agency of the Home Office; it may not be submitted in person at a public enquiry office.
17
1
A failure to comply with any of the requirements of regulation 16(1) to any extent will only invalidate an application if:
a
the applicant does not provide, when making the application, an explanation for the failure which the Secretary of State considers to be satisfactory,
b
the Secretary of State notifies the applicant, or the person who appears to the Secretary of State to represent the applicant, of the failure within 28 days of the date on which the application is made, and
c
the applicant does not comply with the requirements within a reasonable time, and in any event within 28 days, of being notified by the Secretary of State of the failure.
2
For the purposes of this regulation, the date on which the application is made is:
a
in the case of an application sent by post, the date of posting,
b
in the case of an application submitted in person, the date on which the application is delivered to, and accepted by, a public enquiry office, and
c
in the case of an application sent by courier, the date on which the application is delivered to Work Permits (UK) at the Border and Immigration Agency of the Home Office.
Revocation and transitional provision
18
1
Subject to paragraph (3), the Regulations referred to in paragraph (2) are revoked.
2
Those Regulations are:
a
the Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2006 ;
b
the Immigration (Leave to Remain) (Prescribed Forms and Procedures) (Amendment) Regulations 2006 ; and
c
the Immigration (Leave to Remain) (Prescribed Forms and Procedures) (Amendment No. 2) Regulations 2006 .
3
An application made on a form prescribed by the Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2006 shall be deemed to have been made on the corresponding form prescribed by these Regulations if made within 21 days of these Regulations coming into force for the purposes of section 31A of the Immigration Act 1971.
Liam Byrne
Minister of State
Home Office
13th March 2007


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 and come into force on the 14th day after the day on which they are made.
2
In these Rules, a reference to a rule by number alone means the rule so numbered in the Special Immigration Appeals Commission (Procedure) Rules 2003 .
Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003
2
In rule 2(1) —
a
omit the definition of “the 2001 Act”;
b
after the definition of “the 2002 Act” insert —
“the 2004 Act ” means the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 ;
“the 2006 Act ” means the Immigration, Asylum and Nationality Act 2006 ;
;
c
in the definition of “appellant” omit —
and
in relation to reviews, the person certified;
;
d
omit the definition of “certification”;
e
after the definition of “Commission” insert —
“exculpatory material” means material which adversely affects the Secretary of State’s case or supports the appellant’s case;
;
f
for the definition of “Immigration Acts” substitute —
“Immigration Acts” means the Acts referred to in section 64(2) of the 2006 Act;
;
g
in the definition of “proceedings” omit “, or review held by,”;
h
omit the definition of “review”.
3
In rule 3, omit sub-paragraph (b).
4
In rule 5(1) —
a
after sub-paragraph (a), insert —
aa
rule 9A (directions hearing);
;
b
in sub-paragraph (b), for “rules 11(1) and 17(1)” substitute “rule 11(1)”;
c
omit sub-paragraph (c).
5
In rule 6, after “the 1997 Act” insert “and section 97A(3) of the 2002 Act ”.
6
In rule 7 —
a
in paragraph (1), after “the 1997 Act” insert “or section 97A(3) of the 2002 Act”;
b
in paragraph (3), omit “or the 2001 Act”.
7
In rule 8 —
a
in paragraph (1), after “the 1997 Act” insert “or section 97A(3) of the 2002 Act”;
b
in each of paragraphs (1)(a) and (4)(a), omit “or the 2001 Act”.
8
After rule 9 , insert —
Directions hearing
9A
1
The Commission must, unless it orders otherwise, fix a directions hearing as soon as reasonably practicable after notice of appeal is filed under rule 7, at which the parties and their representatives, and any special advocate, may be present.
2
At a directions hearing the Commission may give directions as to the order in which, and the time within which, the following documents are to be filed and served —
a
the statement and any material to be filed by the Secretary of State under rule 10(1);
b
any statement to be filed and served by the appellant under rule 10A(1);
c
any application to be made by the appellant or the special advocate under rule 10A(5);
d
any statement or material to be filed under rule 10A(2) or pursuant to a direction under rule 10A(7), or served under rule 10A(8), by the Secretary of State;
e
closed material, to be served by the Secretary of State on the special advocate under rule 10(4), 10A(8)(a) or 37(3);
f
any reply by the special advocate under rule 38(4)(a) to any objection by the Secretary of State to disclosure;
g
any response by the Secretary of State under rule 38(4)(b) to the special advocate’s reply;
h
any skeleton arguments on behalf of the parties and the special advocate.
3
The Commission may also give directions as to the date of —
a
any hearing of an application for bail under Part 6 of these Rules;
b
any hearing under rule 38;
c
the hearing of the appeal under rule 12.
.
9
In rule 10 —
a
for paragraph (1), substitute —
1
Where the Secretary of State intends to oppose an appeal, he must file with the Commission —
a
a statement of the evidence on which he relies in opposition to the appeal; and
b
any exculpatory material of which he is aware.
;
b
after paragraph (3), insert —
4
Where a special advocate is appointed, the Secretary of State must serve on him a copy of the statement and material filed under paragraph (1).
.
10
After rule 10, insert —
Further material
10A
1
Where the appellant wishes to rely on evidence in support of his appeal, he must file with the Commission and serve on the Secretary of State and on any special advocate a statement of that evidence.
2
Where the appellant serves a statement under paragraph (1), the Secretary of State must —
a
make a reasonable search for exculpatory material;
b
notify the appellant of the extent of that search, subject to paragraph (4);
c
file with the Commission any exculpatory material; and
d
if he wishes to rely on further evidence, file with the Commission a statement of that evidence.
3
The factors relevant in deciding the reasonableness of a search include the following —
a
the number of documents involved;
b
the nature and complexity of the proceedings;
c
whether the documents are in the control of the Secretary of State;
d
the ease and expense of retrieval of any particular document;
e
the significance of any document which is likely to be located during the search.
4
Where the Secretary of State considers that the disclosure of particular information in the notification under paragraph (2)(b) would be contrary to the public interest, he must —
a
omit that information from the notification to be served on the appellant; and
b
serve a copy of the notification, including that information, on the special advocate.
5
Both the appellant and any special advocate may apply to the Commission for a direction requiring the Secretary of State to file further information about his case, or other information.
6
An applicant under paragraph (5) must indicate why the information sought is necessary for the determination of the appeal.
7
The Commission may make a direction on an application under paragraph (5) where it considers that the information sought —
a
is necessary for the determination of the appeal; and
b
may be provided without disproportionate cost, time or effort.
8
The Secretary of State must serve a copy of any statement or material filed under paragraph (2) or of information filed pursuant to a direction under paragraph (7), at the same time as filing it, on —
a
any special advocate; and
b
the appellant, unless he objects to the disclosure of the statement, material or information to the appellant or his representative.
9
Where the Secretary of State objects to any such disclosure, rules 37 and 38 apply.
10
Any duty to file material or a statement of evidence continues until the appeal has been determined.
11
Where material or a statement to which that duty extends comes to a party’s attention before the appeal has been determined, he must immediately —
a
file it with the Commission; and
b
serve it on the other party and on any special advocate, except that paragraphs (8) and (9) apply to that material or statement as they apply to the material and statement referred to in those paragraphs.
.
11
After rule 11, insert —
Withdrawal of appeal
11A
1
An appellant may withdraw an appeal —
a
orally, at a hearing; or
b
at any time, by filing written notice with the Commission.
2
An appeal shall be treated as withdrawn if the Secretary of State notifies the Commission that the decision to which the appeal relates has been withdrawn.
3
If an appeal is withdrawn or treated as withdrawn, the Commission must serve on the parties and on any special advocate a notice that the appeal has been recorded as having been withdrawn.
Striking out
11B
The Commission may strike out —
a
a notice of appeal or the Secretary of State’s reply, if it appears to the Commission that it discloses no reasonable grounds for bringing or defending the appeal, as the case may be; or
b
a notice of appeal, if it appears to the Commission that it is an abuse of the Commission’s process.
.
12
In rule 12(a)(i), for “section 104(4)” substitute “section 104(4) to (4C)”.
13
Omit rules 13 to 25.
14
In rule 26, omit “or review”.
15
For rule 27(2), substitute —
2
Subject to paragraph (2B), the appellant must file any application for permission to appeal with the Commission —
a
if he is in detention under the Immigration Acts when he is served with the Commission’s determination, not later than 5 days after he is so served; and
b
otherwise, not later than 10 days after he is so served.
2A
Subject to paragraph (2B), the Secretary of State must file any application for permission to appeal with the Commission —
a
where he makes an application under rule 48(3), no later than 10 days after —
i
the day of the hearing of the application, or
ii
where there is no hearing, the day on which he received notification of the decision on the application; or
b
where he does not make such an application, no later than 15 days after the day on which he received the determination containing the decision.
2B
The Commission may accept an application filed after the expiry of the relevant period in paragraph (2) or (2A) if it is satisfied that, by reason of special circumstances, it would be unjust not to do so.
.
16
In rule 28, omit —
or
b
section 24 of the 2001 Act
.
17
In rule 29, after paragraph (2)(f) insert —
fa
where the applicant is a person aged 18 or over, whether he will, if required, agree as a condition of bail to co-operate with electronic monitoring under section 36 of the 2004 Act;
.
18
In rule 30(1), after “hearing” insert “, unless a hearing has already been fixed under rule 9A(3)(a)”.
19
In rule 33(1) —
a
omit sub-paragraph (b);
b
for “sub-paragraphs (a) to (c)” substitute “sub-paragraph (a) or (c)”.
20
In rule 35, at the beginning of paragraph (b) insert “adducing evidence and”.
21
In rule 36(2), after “paragraph (3)” insert “or (6)(b)”.
22
In rule 37 —
a
for paragraph (1), substitute —
1
In this rule, “closed material” means —
a
material upon which the Secretary of State wishes to rely in any proceedings before the Commission;
b
material which adversely affects his case or supports the appellant’s case, or
c
information which he is required to file pursuant to a direction under rule 10A(7),
but which he objects to disclosing to the appellant or his representative.
;
b
in paragraph (3), for “wishes to rely upon” substitute “is required by rule 10(2) or 10A(8) to serve on the appellant, or wishes to rely upon,”;
c
in paragraph (3)(a), after “material” insert “, if he has not already done so”;
d
after paragraph (4), insert —
4A
Where the Secretary of State serves on the special advocate any closed material which he has redacted on grounds other than those of legal professional privilege —
a
he must file the material with the Commission in an unredacted form, together with an explanation of the redactions; and
b
the Commission must give a direction to the Secretary of State as to what he may redact.
;
e
in paragraph (5), after “the Commission” insert “or the agreement of the special advocate”.
23
In rule 38 —
a
in paragraph (2), for “to the disclosure of the same or substantially the same material” substitute “relating to the same or substantially the same communication or material”;
b
for paragraph (4), substitute —
4
Where the Commission fixes a hearing under this rule —
a
the special advocate may file with the Commission and serve on the Secretary of State a reply to the Secretary of State’s objection;
b
the Secretary of State may file with the Commission and serve on the special advocate a response to the special advocate’s reply;
c
the Secretary of State and the special advocate must file with the Commission a schedule identifying the issues which cannot be agreed between them, which must —
i
list the items or issues in dispute;
ii
give brief reasons for their contentions on each; and
iii
set out any proposals for the Commission to resolve the issues in dispute.
;
c
for paragraphs (6) and (7), substitute —
6
The Commission may uphold or overrule the Secretary of State’s objection.
7
The Commission must uphold the Secretary of State’s objection under rule 37 where it considers that the disclosure of the material would be contrary to the public interest.
8
Where the Commission upholds the Secretary of State’s objection under rule 37, it must —
a
consider whether to direct the Secretary of State to serve a summary of the closed material on the appellant; and
b
approve any such summary, to secure that it does not contain any information or other material the disclosure of which would be contrary to the public interest.
9
Where the Commission overrules the Secretary of State’s objection under rule 37 or directs him to serve a summary of the closed material on the appellant —
a
the Secretary of State shall not be required to serve that material or summary; but
b
if he does not do so, the Commission may at a hearing at which the Secretary of State and the special advocate may make representations —
i
if it considers that the material or anything that is required to be summarised might adversely affect the Secretary of State’s case or support the appellant’s case, direct that the Secretary of State shall not rely on such points in his case, or shall make such concessions or take such other steps, as the Commission may specify; or
ii
in any other case, direct that the Secretary of State shall not rely in the proceedings on that material or (as the case may be) on that which is required to be summarised.
.
24
After rule 38, insert —
Other redactions
38A
In any proceedings before the Commission, where the Secretary of State serves on the appellant any statement or material which he has redacted on grounds other than those of legal professional privilege, he must —
a
notify the appellant that the statement or material has been redacted and on what grounds it has been redacted; and
b
file the statement or material with the Commission in an unredacted form, together with an explanation of the redactions.
.
25
In rule 39(1), after “may” insert “, in addition to its power to give directions under rule 9A(2),”.
26
In rule 40 —
a
for paragraph (1)(c) substitute —
c
that the Commission may —
i
proceed to determine the appeal on the material available to it if the party or special advocate fails to comply with the direction within the time specified; or
ii
strike out the notice of appeal or the Secretary of State’s reply, as the case may be.
;
b
in paragraph (2) for “fails to comply with such a notice” substitute “who has been served with such a notice fails to comply with a direction”.
27
In rule 44, after paragraph (5) insert —
5A
The special advocate shall be entitled to adduce evidence and to cross-examine witnesses.
.
28
In rule 46 —
a
in paragraph (1), for “, applications or reviews” substitute “or applications”;
b
in paragraph (2), for “section 27(7) or (8) of the 2001 Act” substitute “paragraph (3)”;
c
after paragraph (2), insert —
3
Where two or more appeals which relate to decisions or action taken in respect of the same person are pending at the same time, the Commission must so far as is reasonably practicable hear the appeals together, unless to do so would cause unreasonable delay to any of the appeals.
.
29
In rule 47, after paragraph (4) insert —
5
Where the Commission serves a separate determination under paragraph (4), the special advocate may apply to the Commission to amend that determination and the determination under paragraph (3) on the grounds that the separate determination contains material the disclosure of which would not be contrary to the public interest.
6
The special advocate must serve a copy of an application under paragraph (5) on the Secretary of State.
7
The Commission must give the special advocate and the Secretary of State an opportunity to make representations and may determine the application with or without a hearing.
.
30
In rule 48 —
a
for the heading, substitute “ Application by Secretary of State to amend determination etc. ”;
b
in paragraph (1), for “notice on the appellant of” substitute “on the appellant”;
c
at the beginning of paragraph (1)(a), insert “notice of”;
d
in paragraph (2), for “any such notice” substitute “any such document”;
e
in paragraph (2), after “Secretary of State” insert “and any special advocate”;
f
in paragraph (3), for “reconsider the order or direction or to review the proposed determination” substitute “amend the order, direction or proposed determination”;
g
for paragraph (5), substitute —
5
The Commission must give the special advocate and the Secretary of State an opportunity to make representations and may determine the application with or without a hearing.
;
h
in paragraph (6), for “notice” substitute “any document”;
i
in paragraph (6), after “expired” insert “or, where such an application is made, before it has been determined”.
31
In rule 49 —
a
in paragraph (1) —
i
in sub-paragraph (a), for “an address” substitute “a postal address”;
ii
at the end of sub-paragraph (b), omit “or”;
iii
at the end of sub-paragraph (c), insert —
; or
d
sent through a document exchange to a document exchange number or address,
;
b
in paragraph (5) (a), after “post” insert “or through a document exchange”.
32
In rule 50(2), after “recent” insert “postal”.
33
In rule 52, at the end insert “or producing it by computer or other mechanical means”.
34
In rule 54, at the beginning of paragraph (2)(a), insert “subject to rule 48(1)(b) and (2),”.
Transitional provisions
35
Where any appeal under section 25, or application under section 26, of the Anti-terrorism, Crime and Security Act 2001 is pending on the date on which these Rules come into force, that appeal or application shall be dealt with as if these Rules had not been made.
Falconer of Thoroton C.
23rd April 2007


text:
Citation and commencement
1
These Regulations may be cited as the Tax Avoidance Schemes (Information) (Amendment) Regulations 2007 and shall come into force on 1st September 2007.
Amendment of the Tax Avoidance Schemes (Information) Regulations 2004
2
The Tax Avoidance Schemes (Information) Regulations 2004 are amended as follows.
3
1
Regulation 4 (time for providing information under section 308, 309 or 310) is amended as follows.
2
For the heading substitute —
Time for providing information under section 308, 308A, 309 or 310
3
In paragraph (1) for the words from “within which” to “or 310” substitute —
within which —
a
the prescribed information under section 308, 309 or 310, and
b
the information or documents which will support or explain the prescribed information under section 308A,
4
After paragraph (1) insert —
1A
Where a proposal or arrangements (not being otherwise notifiable) is or are treated as notifiable by virtue of an order under section 306A(1), the prescribed period is the period of 10 days beginning on the day after that on which the order is made.
.
5
After paragraph (3) insert —
3A
Neither paragraph (2) nor (3) applies in a case falling within paragraph (1A) or (3B).
3B
In the case of a requirement to provide specified information about, or documents relating to, the notifiable proposal or arrangements which arises by virtue of an order under section 308A(2), the prescribed period is the period of 10 days beginning on the day after that on which the order is made.
.
6
In paragraphs (5ZA) and (5A) for “the day on” substitute “that on”.
4
After regulation 8 insert —
Time for providing information under section 313A and 313B
8A
1
In the case of a requirement under or by virtue of section 313A(1), the prescribed period is the period of 10 days beginning on the day after that on which the notice is issued.
2
In the case of a requirement under or by virtue of section 313B(1), the prescribed period is the period of 14 days beginning on the day after that on which the order is made.
.
Dave Hartnett
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
24th July 2007


text:
Citation and commencement
1
This Order may be cited as the Registered Pension Schemes (Standard Lifetime and Annual Allowances) Order 2007 and shall come into force on 6th April 2007.
Standard lifetime allowance
2
The standard lifetime allowance —
a
for the tax year 2007-08 is £1,600,000;
b
for the tax year 2008-09 is £1,650,000;
c
for the tax year 2009-10 is £1,750,000;
d
for the tax year 2010-11 is £1,800,000.
Annual allowance
3
The annual
allowance —
a
for the tax year 2007-08 is £225,000;
b
for the tax year 2008-09 is £235,000;
c
for the tax year 2009-10 is £245,000;
d
for the tax year 2010-11 is £255,000.
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
21st February 2007


text:
Title, application and commencement
1
These Regulations may be cited as the Contaminants in Food (England) Regulations 2007, apply in relation to England only and come into force on 1st March 2007.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“authorised lettuce” means lettuce of the kind specified in point 1.3 of section 1 of the Annex to the Commission Regulation which complies with the conditions of the derogation under Article 7(2) in relation to the United Kingdom;
“authorised officer” means any person who is authorised in writing, either generally or specifically, by a food authority or as the case may be a port health authority to act in matters arising under these Regulations;
“authorised spinach” means spinach of the kind specified in point 1.1 of section 1 of the Annex to the Commission Regulation which complies with the conditions of the derogation under Article 7(1) in relation to the United Kingdom;
“the Commission Regulation” means Commission Regulation (EC) No.1881/2006 setting maximum levels for certain contaminants in foodstuffs ;
“food authority” does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple) nor a port health authority;
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act.
2
Any other expression used in these Regulations and in the Commission Regulation has the same meaning in these Regulations as it bears in the Commission Regulation.
3
Any reference to a numbered Article is a reference to the Article so numbered in the Commission Regulation.
Offences, penalties and savings
3
1
Subject to paragraphs (3) and (5) and to the transitional arrangements contained in Article 11, a person is guilty of an offence if he contravenes or fails to comply with any of the Community provisions specified in paragraph (2).
2
The provisions mentioned in paragraph (1) are —
a
Article 1(1), (prohibition on the placing on the market of foodstuffs containing contaminants in excess of prescribed limits), as read with Article 4 in the case of groundnuts, nuts, dried fruit and maize;
b
Article 3 (prohibitions on use, mixing and detoxification).
3
Paragraph (1) does not apply to the placing on the market of authorised lettuce or authorised spinach.
4
Anyone convicted of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
5
Notwithstanding the revocation of the Contaminants in Food (England) Regulations 2006 , the transitional arrangements referred to in regulation 3(1) of those Regulations shall apply to an offence under these Regulations in like manner as they applied to an offence under those Regulations.
Enforcement and competent authorities
4
1
It shall be the duty of each food authority within its area and each port health authority within its district to execute and enforce these Regulations and the Commission Regulation.
2
The competent authority for the purposes of Article 2(2) (justification by food business operators of concentration or dilution factors) is the authority having the duty to enforce under paragraph (1).
Application of various sections of the Food Safety Act 1990
5
1
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations —
a
section 3 (presumptions that food intended for human consumption);
b
section 20 (offences due to fault of another person);
c
section 21 (defence of due diligence), as it applies for the purpose of section 14 or 15;
d
section 30(8) (which relates to documentary evidence);
e
section 33(1) (obstruction etc. of officers);
f
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub–paragraph (e);
g
section 35(1) (punishment of offences), in so far as it relates to offences under section 33(1) as applied by sub–paragraph (e);
h
section 35(2) and (3), in so far as it relates to offences under section 33(2) as applied by sub–paragraph (f);
i
section 36 (offences by bodies corporate);
j
section 36A (offences by Scottish partnerships); and
k
section 44 (protection of officers acting in good faith).
2
Subject to paragraph (3), section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations as if it read as follows —
9
1
An authorised officer of a food authority may at all reasonable times inspect any food intended for human consumption which has been placed on the market and subsections (2) to (7) below shall apply where, on such an inspection, it appears to the authorised officer that the placing on the market of any food fails to comply with the requirements specified in regulation 3(2)(a) of the Contaminants in Food (England) Regulations 2007 as read with regulation 3(3) and (5) of those Regulations and with Article 11 of the Commission Regulation, (“the Community requirements”).
2
The authorised officer may either —
a
give notice to the person in charge of the food that, until the notice is withdrawn, the food or any specified portion of it —
i
is not to be used for human consumption, and
ii
either is not to be removed or is to be removed to a place at which there are facilities to carry out sampling in the manner required by Article 8 of the Commission Regulation; or
b
seize the food and remove it in order to have it dealt with by a justice of the peace.
3
Where the authorised officer exercises the power conferred by subsection (2)(a) above, he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the food complies with the Community requirements and —
a
if he is so satisfied, shall forthwith withdraw the notice;
b
if he is not so satisfied, shall seize the food and remove it in order to have it dealt with by a justice of the peace.
4
Where an authorised officer exercises the powers conferred by subsection (2)(b) or (3)(b) above, he shall inform the person in charge of the food of his intention to have it dealt with by a justice of the peace and —
a
any person who in connection with regulation 3(2)(a) of the above Regulations might be liable to a prosecution in respect of the food shall, if he attends before the justice of the peace by whom the food falls to be dealt with, be entitled to be heard and to call witnesses; and
b
that justice of the peace may, but need not, be a member of the court before which any person is proceeded against for an offence in connection with regulation 3(2)(a) of the above Regulations in relation to that food.
5
If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any food falling to be dealt with by him under this section fails to comply with the Community requirements he shall condemn the food and order —
a
the food to be destroyed or to be so disposed of as to prevent it from being used for human consumption; and
b
any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the food.
6
If a notice under subsection (2)(a) above is withdrawn, or the justice of the peace by whom any food falls to be dealt with under this section refuses to condemn it, the food authority shall compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.
7
Any disputed question as to the right to or the amount of any compensation payable under subsection (6) above shall be determined by arbitration.
8
Any person who knowingly contravenes the requirements of a notice under subsection (2)(a) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
.
3
The expressions “authorised officer”, “food authority”, “placing on the market”, “the Commission Regulation” which are used in section 9 of the Act so far as it applies for the purposes of these Regulations by virtue of paragraph (2), shall, for those purposes, bear the meanings that those expressions respectively bear in these Regulations.
Consequential amendment
6
In Schedule 1 (provisions to which those Regulations do not apply) to the Food Safety (Sampling and Qualifications) Regulations 1990 in so far as they apply in relation to England, for the entry relating to the Contaminants in Food (England) Regulations 2006 there is substituted the following entry —
The Contaminants in Food (England) Regulations 2007 (to the extent that a sample falls to be prepared and analysed in accordance with the Commission Regulation as that expression is defined in those Regulations) S.I. 2007/210 .
Revocations
7
The Contaminants in Food (England) Regulations 2006 are revoked.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State
Department of Health
29th January 2007


text:
Citation and commencement
1
This Order may be cited as the Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2007 and shall come into force on 2nd January 2008.
Amendment of the Channel Tunnel (International Arrangements) Order 1993
2
1
Schedule 4 to the Channel Tunnel (International Arrangements) Order 1993 (enactments modified) is amended as follows.
2
In paragraph 1(11)(r) (modification of paragraphs 26 and 27 of Schedule 2 to the Immigration Act 1971 ) for the entry relating to paragraph 27 of Schedule 2 to the Immigration Act 1971 (duties of those connected with ships or aircraft or with ports) substitute —
27
1
The train manager of a through train or shuttle train arriving in the United Kingdom —
a
shall take such steps as may be necessary to secure that persons, other than members of the crew who may lawfully enter the United kingdom by virtue of section 8(1) of this Act, do not leave the train except in accordance with any arrangements approved by an immigration officer; and
b
where persons are to be examined by an immigration officer on the train, shall take such steps as may be necessary to secure that they are ready for examination.
2
The Secretary of State may by order require, or enable an immigration officer to require, the train manager of a through train or shuttle train or a person operating an international service or his agent to supply —
a
a passenger list showing the names and nationality or citizenship of passengers arriving or leaving on board the train; and
b
particulars of members of the crew of the train.
3
An order under sub-paragraph (2) may relate —
a
to all through trains or shuttle trains arriving or expected to arrive in the United Kingdom;
b
to all through trains or shuttle trains leaving or expected to leave the United Kingdom.
4
An order under sub-paragraph (2) —
a
may specify the time at which or period during which information is to be provided,
b
may specify the form and manner in which information is to be provided,
c
shall be made by statutory instrument, and
d
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
.
3
In paragraph 1(11)(s) (modification of paragraph 27B of Schedule 2 to the Immigration Act 1971 ) at the end insert —
vi
in sub-paragraph (9A) for “voyage or flight” substitute “international service” and for the words “ship or aircraft” substitute “through train or shuttle train”;
.
4
After paragraph 3 (modification of the Terrorism Act 2000 ) insert —
Immigration, Asylum and Nationality Act 2006
3A
In the Immigration, Asylum and Nationality Act 2006 —
a
in section 32 (passenger and crew information: police powers) —
i
in subsection (1) for “ships and aircraft” substitute “through trains and shuttle trains”;
ii
in subsections (2) and (3) for “owner or agent of a ship or aircraft” substitute “person operating an international service or his agent”;
iii
in subsection (5)(a)(iii) for “a voyage or flight” substitute “an international service”; and
iv
in subsection (6)(b) for “ships or aircraft” substitute “through trains or shuttle trains”;
b
in section 34 (offence) the reference to section 32 includes a reference to that provision as modified by paragraph (a);
c
in section 36 (duty to share information) —
i
in subsection (4) for “ship or aircraft”, wherever occurring, substitute “through train or shuttle train”; and
ii
in subsection (4) for “flights or voyages” substitute “international services”;
d
in section 37 (information sharing: code of practice) the references to section 36 include references to that provision as modified by paragraph (c);
e
in section 38 (disclosure of information for security purposes) in subsection (4) —
i
for “ship or aircraft”, wherever occurring, substitute “through train or shuttle train”; and
ii
for “flights or voyages” substitute “international services”; and
f
in section 39 (disclosure to law enforcement agencies) the reference to section 32 includes a reference to that provision as modified by paragraph (a).
.
5
In paragraph 5 (modification of the Immigration (European Economic Area) Regulations 2000 ) in the title for “2000” substitute “2006”.
Amendment of the Channel Tunnel (Miscellaneous Provisions) Order 1994
3
In article 7 of the Channel Tunnel (Miscellaneous Provisions) Order 1994 (enactments modified) —
a
article 7 becomes paragraph (1) of article 7;
b
for the words “the Immigration Act 1971, the Public Health (Control of Disease) Act 1984 and the Terrorism Act 2000 and the Immigration and Asylum Act 1999 ” substitute “the enactments specified in paragraph (2)”;
c
after paragraph (1) insert —
2
The enactments are —
a
Immigration Act 1971;
b
Public Health (Control of Disease) Act 1984;
c
Immigration and Asylum Act 1999;
d
Terrorism Act 2000; and
e
Immigration, Asylum and Nationality Act 2006.
.
Liam Byrne
Minister of State
Home Office
18th December 2007


text:
Citation and commencement
1
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 2007 and shall come into force on 1st August 2007.
Amendment of the Road Vehicles (Construction and Use) Regulations 1986
2
1
Schedule 7B to the Road Vehicles (Construction and Use) Regulations 1986 shall be amended as follows.
2
In paragraph 7, for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
“the emissions publication
is the publication entitled “In Service Exhaust Emission Standards for Road Vehicles – Thirteenth Edition” ( ISBN 978-0-9549352-2-1) published by the Department for Transport.”
Signed by the authority of the Secretary of State
S.J. Ladyman
Minister of State
Department for Transport
23rd June 2007


text:
Citation and commencement
1
1
This Order may be cited as the District of Newark and Sherwood (Electoral Changes) (Amendment) Order 2007.
2
This Order comes into force on the day after that on which it is made.
Amendment to the 2007 Order
2
1
The District of Newark and Sherwood (Electoral Changes) Order 2007 shall be amended as follows:
2
In article 2 the words “Revised (2007) Map referred to in the District of Newark and Sherwood (Electoral Changes) Order 2007” shall be substituted for the words “Map referred to in the District of Newark and Sherwood (Electoral Changes) Order 2007”.
Sealed with the seal of the Electoral Commission on the 9th day of November 2007
Bob Posner
Legal Counsel to the Commission
9th November 2007


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Gambling Act 2005 (Non-Commercial Equal-Chance Gaming) Regulations 2007 and shall come into force on 1st September 2007.
2
1
In these Regulations —
“ the Act ” means the Gambling Act 2005;
“event” means a non-commercial event within the meaning of section 297 of the Act.
2
A reference to a game in regulation 3 means a game that constitutes non-commercial equal chance gaming within the meaning of Part 14 of the Act .
Limits for non-commercial equal-chance gaming
3
1
This regulation limits certain payments, amounts or values for the purposes of section 300(4) of the Act (conditions for non-commercial equal-chance gaming). (Accordingly, arrangements for gaming must ensure compliance with this regulation in order to satisfy the third condition as set out in that subsection).
2
No person is to make, or to be required to make more than one payment (whether by way of a participation fee, stake or other charge) in order to participate in each and every game played at an event, and the payment shall not exceed £8.
3
Subject to paragraph (5)(b), in respect of all games played at an event the aggregate amount or value of prizes and awards distributed in respect of those games shall not exceed £600.
4
Where two or more events are promoted on the same premises by the same person on the same day, the limits in paragraphs (2) and (3) shall apply in relation to those events collectively as if they were a single event.
5
Where a series of events is held, other than in circumstances where paragraph (4) applies —
a
the limits in paragraphs (2) and (3) shall apply separately in relation to each event in the series, and
b
in respect of all games played at a final event the amount or value of prizes and awards distributed in respect of those games shall not exceed £900.
6
In this regulation an event is a final event if —
a
no other event is promoted on the same premises by the same person on the same day as that on which the event takes place, and
b
each person taking part in the event is qualified to do so by reason of having taken part in games played at another event of the series held on a previous day.
Gerry Sutcliffe
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
14th July 2007