text:
Citation and Commencement
1
This Order may be cited as the Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2006 and shall come into force on 9th October 2006.
Amendment of the Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000
2
1
The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000 is amended as follows.
2
In article 3 (Housing authority accommodation — England, Scotland and Northern Ireland) —
a
for sub-paragraph (b)(i) there shall be substituted the following —
b
i
who has leave to enter or remain in the United Kingdom granted outside the provisions of the immigration rules; and
; and
b
after paragraph (b) there shall be inserted the following —
bb
Class BA — a person who has humanitarian protection granted under the immigration rules;
.
3
In article 7 (Homelessness — Scotland and Northern Ireland) for sub-paragraph (1)(a) there shall be substituted the following —
a
the classes specified in article 3(a) to (e) (Class A, Class B, Class BA, Class C, Class D and Class E);
.
Gerry Sutcliffe
Parliamentary Under Secretary of State
Home Office
13th September 2006


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Transport for London (Best Value) (Contracting Out of Investment and Highway Functions) Order 2006 and shall come into force on the day after the day on which it is made.
Contracting out of investment functions
2
1
The functions of Transport for London consisting of, or relating to, the investment of any sum for the time being held by it may, subject to the following paragraphs, be exercised by, or by the employees of, such person (if any) as may be authorised by Transport for London to do so.
2
The investment referred to in paragraph (1) must be an investment which, if made by Transport for London, would be permitted by virtue of section 12 of the Local Government Act 2003 (power to invest).
3
Articles 5 and 7 to 13 of the Local Authorities (Contracting Out of Investment Functions) Order 1996 shall apply in relation to functions mentioned in, or an authorisation given by virtue of, paragraph (1) as if —
a
a reference to an authority were a reference to Transport for London;
b
a reference to a contractor —
i
were a reference to any person to whom an authorisation is given by virtue of that paragraph; and
ii
except in the application of article 9 of that Order, included the employees of that person;
c
a reference to article 4 or Part 2 of that Order were a reference to that paragraph; and
d
a reference to an authorisation given by virtue of that Order were a reference to an authorisation given by virtue of that paragraph.
Contracting out of highway functions
3
Any function of Transport for London which is conferred by or under any of the provisions —
a
described in Schedule 1, 2 or 3 to the Local Authorities (Contracting Out of Highway Functions) Order 1999 ; or
b
listed in the Schedule to the Local Authorities (Contracting Out of Highway Functions) (England) Order 2001
may be exercised by, or by the employees of, such person (if any) as may be authorised by Transport for London to do so.
Signed by authority of the First Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
19th January 2006


text:
Citation, interpretation and application
1
1
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No.9) Order 2006.
2
In this Order —
“the 2000 Act ” means the Care Standards Act 2000 ; and
“ the Act ” means the Health and Social Care (Community Health and Standards) Act 2003.
3
This Order applies in relation to England only, apart from article 2(2) which applies in relation to England and Wales.
Appointed day for provisions relating to fees
2
1
27th June 2006 is the appointed day for the coming into force of section 105(6) of the Act for the purpose of making regulations, and section 105(1) of the Act in so far as it relates to that provision.
2
1st August 2006 is the appointed day for the coming into force of —
a
section 105(3) to (5) and (7) of the Act; and
b
sections 105(1) and (6) of the Act for all remaining purposes.
Appointed day for provisions relating to complaints
3
1st September 2006 is the appointed day for the coming into force of the following provisions of the Act in so far as they are not already in force —
a
section 113(1), (3) and (4) (complaints about health care);
b
section 114(1), (2), (5) and (6) (complaints about social services);
c
section 115 (complaints regulations: supplementary); and
d
in Schedule 14, the repeal in Part 2 relating to section 7B of the Local Authority Social Services Act 1970 (complaints procedure) and section 196 insofar as it relates to that repeal.
Transitional provisions pending section 105(2) of the Act coming into force in relation to the CSCI
4
1
Pending the coming into force of section 105(2) of the Act in relation to the determination of fees by the CSCI , the following transitional provisions shall apply.
2
Sections 12(2), 15(3), 16(3) and 22(7)(i) of the 2000 Act shall be read as if —
i
“or the CSCI” were omitted; and
ii
after “the Assembly” there were inserted “or the CSCI”.
3
Section 15(5) of the 2000 Act shall be read as if after “the Assembly” there were inserted “or the CSCI”.
Signed by authority of the Secretary of State
Ivan Lewis
Parliamentary Under Secretary of State
Department of Health
26th June 2006


text:
Citation
1
This Order may be cited as the Archbishop Courtenay Primary School (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The Archbishop Courtenay Primary School, College Road, Maidstone, Kent, ME15 6YH, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
15th March 2006


text:
Citation, extent and commencement
1
1
This Order —
a
may be cited as the Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006,
b
comes into force on the day after the day on which it is made, and
c
subject to paragraph (2), extends to England and Wales only.
2
The amendment, repeal or revocation by a provision of Schedule 1, 2 or 3 to this Order of an enactment which extends to Scotland or Northern Ireland also extends there.
Amendments to the Agricultural Holdings Act 1986
2
Articles 3 to 9 amend the Agricultural Holdings Act 1986 .
Arbitration of rent
3
In section 12, in subsection (2), for the words from “date of the reference” to “arbitration” there shall be substituted “next termination date following the date of the demand for arbitration and accordingly shall, with effect from that next termination date”.
Meaning of “substantial part”
4
1
In section 34, after subsection (2) there shall be inserted —
3
Where this Act applies in relation to a tenancy by virtue of section 4(1)(g) of the Agricultural Tenancies Act 1995 , the reference in subsection (1)(b)(iv) above to a substantial part of the land comprised in the holding means a substantial part determined by reference to either area or value.
.
2
In section 35, after subsection (2) there shall be inserted —
3
Where this Act applies in relation to a tenancy by virtue of section 4(1)(g) of the Agricultural Tenancies Act 1995, the reference in subsection (2) above (in the definition of “related holding”) to a substantial part of the land comprised in the holding means a substantial part determined by reference to either area or value.
.
3
In section 49, after subsection (3) there shall be inserted —
4
Where this Act applies in relation to a tenancy by virtue of section 4(1)(g) of the Agricultural Tenancies Act 1995, the reference in subsection (3) above (in the definition of “related holding”) to a substantial part of the land comprised in the holding means a substantial part determined by reference to either area or value.
.
Succession on retirement or death of tenant - meaning of “eligible person”
5
1
In section 36, after subsection (5) there shall be inserted —
6
The reference in subsection (3)(a) above to agricultural work carried out by a person on the holding or on an agricultural unit of which the holding forms part includes —
a
agricultural work carried out by him from the holding or an agricultural unit of which the holding forms part, and
b
other work carried out by him on or from the holding or an agricultural unit of which the holding forms part,
which is of a description approved in writing by the landlord after the commencement of this subsection.
.
2
In section 41, after subsection (6) there shall be inserted —
7
The references in subsections (1) and (6) above to agricultural work carried out by a person on the holding include —
a
agricultural work carried out by him from the holding, and
b
other work carried out by him on or from the holding,
which is of a description approved in writing by the landlord after the commencement of this subsection.
.
3
In section 50, after subsection (4) there shall be inserted —
5
The reference in subsection (2)(a) above to agricultural work carried out by a person on the holding or on an agricultural unit of which the holding forms part includes —
a
agricultural work carried out by him from the holding or an agricultural unit of which the holding forms part, and
b
other work carried out by him on or from the holding or an agricultural unit of which the holding forms part,
which is of a description approved in writing by the landlord after the commencement of this subsection.
.
Compensation on termination of tenancy
6
1
In section 69, in subsection (1), after “in the holding” there shall be inserted “, or in any agricultural holding which comprised the whole or a substantial part of the land comprised in the holding,”.
2
In that section, after subsection (1) there shall be inserted —
1A
Where this Act applies in relation to any tenancy referred to in subsection (1) above by virtue of section 4(1)(g) of the Agricultural Tenancies Act 1995, the reference in that subsection to a substantial part of the land comprised in the holding means a substantial part determined by reference to either area or value.
.
3
In section 73, the existing provision shall be renumbered as subsection (1).
4
In that section, in subsection (1) (as renumbered by paragraph (3) above), after “on the holding” there shall be inserted “, or on any agricultural holding which comprised the whole or a substantial part of the land comprised in the holding,”.
5
In that section, at the end there shall be inserted —
2
Where this Act applies in relation to any tenancy referred to in subsection (1) above by virtue of section 4(1)(g) of the Agricultural Tenancies Act 1995, the reference in that subsection to a substantial part of the land comprised in the holding means a substantial part determined by reference to either area or value.
.
6
In paragraph 5 of Schedule 9, in sub-paragraph (1), after “in the holding” there shall be inserted “, or in any agricultural holding which comprised the whole or a substantial part of the land comprised in the holding,”.
7
In that paragraph, after sub-paragraph (1) there shall be inserted —
1A
Where this Act applies in relation to any tenancy referred to in sub-paragraph (1) above by virtue of section 4(1)(g) of the Agricultural Tenancies Act 1995, the reference in that sub-paragraph to a substantial part of the land comprised in the holding means a substantial part determined by reference to either area or value.
.
8
The amendments made by this article do not apply in relation to compensation payable on termination of a tenancy where that tenancy was granted before this article comes into force.
Arbitrations
7
1
In section 84, in subsection (1), the words from “in accordance with” to the end of the subsection shall be omitted.
2
In that section, for subsections (2) to (5) there shall be substituted —
2
The arbitrator shall be a person appointed by agreement between the parties or, in default of agreement, a person appointed on the application of either of the parties by the President of the RICS .
3
If the arbitrator dies, or is incapable of acting, a new arbitrator may be appointed as if no arbitrator had been appointed.
4
No application may be made to the President of the RICS for an arbitrator to be appointed by him under this section unless the application is accompanied by such fee as may be prescribed as the fee for such an application; but once the fee has been paid in connection with any such application no further fee shall be payable in connection with any subsequent application for the appointment by him of a new arbitrator in relation to that arbitration.
5
Where by virtue of this Act compensation under an agreement is to be substituted for compensation under this Act for improvements or for any such matters as are specified in Part II of Schedule 8 to this Act, the arbitrator shall award compensation in accordance with the agreement instead of in accordance with this Act.
6
In this section “the RICS” means the Royal Institution of Chartered Surveyors.
.
3
In section 94, in subsection (2) —
a
after the words “section 22(4)” there shall be inserted “, 84(4)”, and
b
the words “or paragraph 1(2) of Schedule 11” shall be omitted.
4
In that section, in subsection (3), for the words “paragraph 1(2) of Schedule 11 to this Act” there shall be substituted “section 84(4) above”.
5
In paragraph 2 of Schedule 4, for “paragraph 1 of Schedule 11 to” there shall be substituted “section 84(2) of”.
Frequency of arbitrations under section 12
8
In Schedule 2, after paragraph 6 there shall be inserted —
7
1
This paragraph applies in any case where —
a
a tenancy of an agricultural holding (“the new tenancy”) is granted to a person who, immediately before the grant of the new tenancy, was the tenant of the holding, or of any agricultural holding which comprised the whole or a substantial part of the land comprised in the holding, under a contract of tenancy (“the previous tenancy”),
b
this Act applies in relation to the new tenancy by virtue of section 4(1)(g) of the Agricultural Tenancies Act 1995, and
c
the rent payable under the new tenancy is unchanged from that payable under the previous tenancy, disregarding any increase or reduction in rent solely attributable to an adjustment of the boundaries of the holding.
2
The reference in sub-paragraph (1) above to a substantial part of the land comprised in the holding means a substantial part determined by reference to either area or value.
3
In any case to which this paragraph applies —
a
paragraph (a) of sub-paragraph (1) of paragraph 4 above shall be read as referring to the commencement of the previous tenancy, and
b
references to rent in paragraphs (b) and (c) of that sub-paragraph shall be read as references to the rent payable under the previous tenancy,
until the first occasion following the commencement of the new tenancy on which any such increase or reduction of, or direction with respect to, the rent payable under the new tenancy as is mentioned in paragraph (b) or (c) takes effect.
.
Repeal of arbitration provisions
9
1
Schedule 11 is repealed.
2
Paragraphs 7 and 15 of Schedule 13 are repealed.
Transitional provision for arbitration
10
1
Nothing in this Order affects an arbitration under the Agricultural Holdings Act 1986 or the Agricultural Holdings Act 1948 which commences before this Order comes into force.
2
For the purposes of paragraph (1) an arbitration commences when an arbitrator is appointed.
Amendments to the Agricultural Tenancies Act 1995
11
Articles 12 to 17 amend the Agricultural Tenancies Act 1995 .
Exclusion of the Agricultural Holdings Act 1986
12
1
Section 4 is amended as follows.
2
In subsection (1), after “except”, there shall be inserted “(subject to subsection (2B) below)”.
3
In that subsection, in paragraph (e), at the end, “or” shall be omitted.
4
In that subsection, in paragraph (f), for the words “(“the previous tenancy”)” to the end, there shall be substituted —
, and is so granted because an agreement between the parties (not being an agreement expressed to take effect as a new tenancy between the parties) has effect as an implied surrender followed by the grant of the tenancy, or
.
5
In that subsection, at the end there shall be inserted —
g
is granted to a person who, immediately before the grant of the tenancy, was the tenant of the holding, or of any agricultural holding which comprised the whole or a substantial part of the land comprised in the holding, under a tenancy in relation to which the 1986 Act applied, and is so granted by a written contract of tenancy indicating (in whatever terms) that the 1986 Act is to apply in relation to the tenancy.
.
6
In subsection (2), at the end of paragraph (a), “and” shall be omitted.
7
In that subsection, for paragraph (b) there shall be substituted —
b
the current tenancy is granted to a person (alone or jointly with other persons) who, if the tenant under that previous tenancy (“the previous tenant”) had died immediately before the grant, would have been his close relative, and
c
either of the conditions in subsection (2A) below is satisfied.
.
8
After that subsection there shall be inserted —
2A
The conditions referred to in subsection (2)(c) above are —
a
the current tenancy is granted to a person (alone or jointly with other persons) who was or had become the sole or sole remaining applicant for a direction of an Agricultural Land Tribunal for a tenancy, and
b
the current tenancy —
i
is granted as a result of an agreement between the landlord and the previous tenant, and
ii
is granted, and begins, before the date of the giving of any retirement notice by the previous tenant, or if no retirement notice is given, before the date of death of the previous tenant.
.
9
After subsection (2A) there shall be inserted —
2B
The 1986 Act shall not apply by virtue of subsection (1)(f) or (g) above in relation to the tenancy of an agricultural holding (“the current holding”) where —
a
the whole or a substantial part of the land comprised in the current holding was comprised in an agricultural holding (“the previous holding”) which was subject to a tenancy granted after the commencement of this subsection in relation to which the 1986 Act applied by virtue of subsection (1)(f) or (g) above;
b
the whole or a substantial part of the land comprised in the previous holding was comprised in an agricultural holding (“the original holding”) which was at the commencement of this subsection subject to a tenancy in relation to which the 1986 Act applied; and
c
the land comprised in the original holding does not, on the date of the grant of the tenancy of the current holding, comprise the whole or a substantial part of the land comprised in the current holding.
.
10
After subsection (2B) there shall be inserted —
2C
The references in subsections (1)(g) and (2B) above to a substantial part of the land comprised in the holding mean a substantial part determined by reference to either area or value.
.
11
In subsection (3) —
a
at the end of paragraph (a), “and” shall be omitted;
b
at the end of paragraph (b), there shall be inserted —
, and
c
“retirement notice” has the meaning given by section 49(3) of that Act.
.
12
The amendments made by this article shall not apply in relation to any tenancy granted before this article comes into force.
Notice to terminate the tenancy
13
In sections 5(1), 6(1)(c) and 7(1) the words “but less than twenty-four months” shall be omitted.
Application of Part II of the Agricultural Tenancies Act 1995
14
1
In section 9 —
a
at the end of paragraph (a), “or” shall be omitted;
b
at the end of paragraph (b), there shall be inserted —
, or
c
does not contain any provision which precludes a reduction in the rent during the tenancy, and —
i
expressly states that this Part of this Act does not apply, or
ii
makes provision for the reference of rent reviews to an independent expert whose decision is final.
.
2
In section 28(5) —
a
at the end of paragraph (b), “or” shall be omitted;
b
at the end of paragraph (c), there shall be inserted —
, or
d
any dispute relating to rent review, in any case where Part II of this Act is excluded by virtue of section 9(c)(ii) of this Act.
.
3
The amendments made by this article shall not apply where the provision in the instrument creating the tenancy referred to in section 9(c)(i) or (ii), as inserted by paragraph (1) above, is made before this article comes into force.
Factors to be taken into account on rent review
15
In section 13(2) for the words “relating to the criteria by reference to which any new rent is to be determined)” there shall be substituted “which (apart from this section) preclude a reduction in the rent during the tenancy)”.
Agreement to limit tenant’s compensation
16
1
In section 20(1), at the beginning there shall be inserted “Subject to subsection (4A) below,”.
2
After section 20(4) there shall be inserted —
4A
Where the landlord and the tenant have agreed in writing, after the commencement of this subsection, to limit the amount of compensation payable under section 16 of this Act in respect of any tenant’s improvement, that amount shall be the lesser of —
a
the amount determined in accordance with subsections (1) to (4) above, and
b
the compensation limit.
4B
In subsection (4A) above, “the compensation limit” means —
a
an amount agreed by the parties in writing, or
b
where the parties are unable to agree on an amount, an amount equal to the cost to the tenant of making the improvement.
.
Application of agreed limit on resumption of possession of part of holding
17
1
In section 24(2), for “(4)” there shall be substituted “(4A)”.
2
In section 24(4), after “shall apply”, there shall be inserted “(subject to subsection (4A) below)”.
3
After section 24(4) there shall be inserted —
4A
Where —
a
the landlord and the tenant have agreed in writing, after the commencement of this subsection, to limit the amount of compensation payable under section 16 of this Act in respect of any tenant’s improvement not consisting of planning permission,
b
that improvement is provided for both the relevant part and the land comprised in the tenancy after the termination date,
c
the case falls within paragraph (a) or (b) of subsection (1) above,
d
the tenant has already received compensation in respect of the improvement, determined in accordance with subsection (2) above, and
e
further compensation in respect of the improvement is payable under section 16 of this Act on termination of the tenancy,
the compensation limit referred to in section 20(4A) of this Act shall, for the purposes of determining that further compensation, be reduced by an amount equal to the amount of compensation already received by the tenant in respect of the improvement.
.
4
In section 24(5), for “(4)” there shall be substituted “(4A)”.
Consequential amendments, repeals and revocations
18
Schedule 1 (which contains consequential amendments), Schedule 2 (which contains repeals) and Schedule 3 (which contains revocations) shall have effect.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
18th October 2006


text:
Citation
1
This Order may be cited as the Crawley Down Village CE School (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The Crawley Down Village CE School, Hophurst Drive, Crawley Down, Crawley, RH10 4XA, a voluntary controlled school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
9th November 2006


text:
Citation and commencement
1
These Regulations may be cited as the Private Hire Vehicles (London) (Transitional and Saving Provisions) (Amendment) Regulations 2006 and shall come into force on 4th April 2006.
Amendment to regulation 5 (Issue of temporary permits)
2
In regulation 5(1)(b) of the Private Hire Vehicles (London) (Transitional and Saving Provisions) Regulations 2003 for “1st April 2006” there shall be substituted “1st January 2007”.
Signed by authority of the Secretary of State
Karen Buck
Parliamentary Under Secretary of State
Department for Transport
6th March 2006


text:
1
This Order may be cited as the A419 Trunk Road (Blunsdon Bypass and Slip Roads) (Detrunking) Order 2006 and shall come into force on 29th June 2006.
2
In this Order —
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the new trunk roads” means the new highways which the Secretary of State proposes to construct referred to in article 2(2)(ii) of the A419 Trunk Road (Blunsdon Bypass and Slip Roads) Order 2006;
iii
“the trunk road” means the A419 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notifies the Borough of Swindon that the new trunk roads are open for traffic.
Signed by authority of the Secretary of State for Transport
I Scholey
Divisional Director Major Projects National Highways Agency
13th June 2006


text:
Citation, commencement and extent
1
1
This Order may be cited as the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 and shall come into force on 16th May 2006.
2
This Order extends to England, Wales and Northern Ireland.
Part IV of the Criminal Justice Act 1988
2
Part IV of the Criminal Justice Act 1988 (reviews of sentencing) shall apply to any case of a description specified in Schedule 1.
Revocations
3
The Orders set out in Schedule 2 to this Order are revoked.
Fiona Mactaggart
Parliamentary Under Secretary of State
Home Office
18th April 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nottingham University Hospitals National Health Service Trust (Transfer of Trust Property) Order 2006 and shall come into force on 6th November 2006.
2
In this Order —
“the NHS Trust” means the Nottingham University Hospitals National Health Service Trust ;
“the new trustees” means the trustees for the Nottingham University Hospitals National Health Service Trust ; and
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the NHS Trust and the new trustees and signed on behalf of the NHS Trust on 9 th August 2006 and on behalf of the new trustees on 14th August 2006.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the NHS Trust to the new trustees.
2
In any instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new trustees and any reference to the NHS Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new trustees.
Signed by authority of the Secretary of State for Health
Andy Burnham
Minister of State
Department of Health
11th October 2006


text:
Citation and commencement
1
These Regulations may be cited as the Pension Schemes (Relevant Migrant Members) Regulations 2006 and shall come into force on 6th April 2006.
Alternative condition for relevant migrant member relief
2
1
For the purposes of paragraph 4(c) of Schedule 33 to the Finance Act 2004 (meaning of “relevant migrant member”), the prescribed condition, in relation to the individual is set out in paragraph (2).
2
The individual was at any time in the 10 years before the beginning of that period of residence, whether before or after the coming into force of these Regulations, entitled to tax relief in respect of contributions paid under the pension scheme under the law of the country or territory in which the individual was then resident.
David Varney
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
1st February 2006


text:
Citation and commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 2006 and shall come into force on 6th April 2006.
Revaluation of earnings factors
2
The earnings factors for tax years specified in the Schedule to this Order in so far as they are relevant —
a
to the calculation —
i
of the additional pension in the rate of any long-term benefit; or
ii
of any guaranteed minimum pension; or
b
to any other calculation required under Part III of the Pension Schemes Act 1993 (including that Part as modified by or under any other enactment),
are directed to be increased for those tax years by the percentage of their amount shown opposite those tax years in that Schedule.
Rounding of fractional amounts
3
Where any earnings factor relevant to the calculation specified in article 2(a)(i) of this Order, as increased in accordance with this Order, would not but for this article be expressed as a whole number of pounds, it shall be so expressed by the rounding down of any fraction of a pound less than one half and the rounding up of any other fraction of a pound.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
27th February 2006


text:
Citation and commencement
1
1
These Regulations may be cited as the Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2006.
2
These Regulations shall come into force on 17th February 2006.
Amendment of Regulations
2
The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations 1999 are amended in accordance with regulations 3 to 17.
Interpretation
3
1
Regulation 2 (interpretation) is amended as follows.
2
In paragraph (1)(a), for the words from “as amended by” to the end substitute “as amended by instruments up to and including European Parliament and Council Directive 2004/26/ EC ”.
3
In paragraph (1)(q), for the words “a member State” substitute “an EEA State”.
4
After paragraph (1)(q) insert —
qa
“EEA State” means a member State, Norway, Iceland or Liechtenstein;
.
5
After paragraph (1)(z) insert —
za
“inland waterway vessel” means —
i
a length of 20 metres or more and having a volume of 100 m 3 or more according to the formula defined in section 2.2.8a of Annex 1; or
ii
a tug or pusher craft having been built to tow or to push or to move alongside vessels of 20 metres or more,
which is not an excluded vessel within the meaning of paragraph (1A);
zb
“locomotive” means a self-propelled piece of on-track equipment designed for moving or propelling cars that are designed to carry freight, passengers and other equipment, but which is not itself designed or intended to carry freight, passengers (other than those operating the locomotive) or other equipment;
zc
“railcar” means a self propelled on-track vehicle specifically designed to carry goods or passengers;
zd
“Stage”, in relation to an engine falling within a category specified in column 1 of any Table in Schedule 8 to these Regulations, means the Stage indicated for that category in column 6 of the Table;
ze
“original equipment manufacturer (or “OEM”) has the meaning given in paragraph 9 of Schedule 9.
.
6
After paragraph (1) insert —
1A
“Excluded vessel”, in relation to an inland waterway vessel, means —
a
a vessel intended for passenger transport carrying no more than 12 people in addition to the crew;
b
a recreational craft with a length of less than 24 metres (as defined in Article 1(2) of Directive 94/25/EC );
c
a service craft belonging to supervisory authorities;
d
a fire-service vessel;
e
a naval vessel;
f
a fishing vessel on the fishing vessels register of the European Community; and
g
a sea-going vessel, including a sea-going tug and a pusher craft operating or based on tidal waters or temporarily on inland waterways, provided that it carries a valid navigation or safety certificate as defined in section 2.2.8b of Annex 1.
1B
For the purposes of these Regulations, expressions which are used, but not defined, in these Regulations and which are also used in Directive 97/68/EC shall have same meaning as in that Directive.
.
Scope and exclusions
4
1
Regulation 3 (scope and exclusions) is amended as follows.
2
In paragraph (1)(a) omit the words “on the ground,”.
3
In paragraph (3) —
a
for sub-paragraph (a), substitute —
a
ships which are not inland waterway vessels,
; and
b
omit sub-paragraph (b).
Provisions applying to CI engines only
5
After regulation 3 insert —
Provisions applying to CI engines only
Categories of CI engines and applicable limit values on emissions
3A
1
For the purposes of these Regulations, a CI engine falls within a category specified in column 1 of Table 1, 2, 3, 4 or 5 in Schedule 8 to these Regulations if —
a
the engine is one to which the Table applies, and
b
the power output or swept volume of the engine is within the range for that category specified in column 2 of the Table (or, in the case of certain categories specified in Table 3, both the power output and swept volume of the engine are within that range).
2
The question whether an engine is one to which a particular Table applies is to be determined in accordance with Part 1 of Schedule 8 to these Regulations.
3
Where an engine would, in accordance with paragraph (1), fall within two or more categories —
a
the engine is to be taken as falling within the category for which the period specified in column 3 of the Table is current at the date when the engine is placed on the market, and
b
the limit values that apply to the emissions of gaseous and particulate pollutants from the engine are those that are specified in the provision of Annex 1 which is listed for that category in column 4.
4
But, in connection with the issue of type approval certificates under these Regulations, regulation 3C(3) shall apply to determine the category within which an engine falls (instead of paragraph (3)).
5
Where the period referred to in paragraph (3)(a) has expired in relation to any category of engine, the entry for that category in the Table has effect only for the purposes of —
a
in the case of an engine which is to be replaced, determining the limit values that the engine had to meet when it was originally placed on the market (see regulation 7A), and
b
determining the application in any particular case of any provision of Schedule 9 which refers to the limit values that applied to a category of engine under the immediately preceding Stage.
6
Part 2 of Schedule 8 contains —
a
Table 1 (intermittent speed CI engines: use in applications not covered by Tables 3 to 5);
b
Table 2 (constant speed CI engines: use in applications not covered by Tables 3 to 5);
c
Table 3 (CI engines: propulsion of, and auxiliary use in, inland waterway vessels);
d
Table 4 (CI engines: propulsion of locomotives); and
e
Table 5 (CI engines: propulsion of railcars).
General duty relating to placing on the market of CI engines
3B
1
No person shall place on the market any engine (whether or not already installed in machinery) unless —
a
the requirements listed in paragraph (2) have been complied with in relation to the engine, or
b
Schedule 9 to these Regulations contains provision which has the effect of allowing the engine to be placed on the market notwithstanding that one or more of those requirements is not complied with.
2
The requirements are that —
a
the approval authority has issued a type approval certificate,
b
the engine conforms to the requirements of the type approval,
c
the engine has affixed to it markings in accordance with regulation 11(1), including the type approval number, and
d
the emissions of gaseous and particulate pollutants from the engine comply with the limit values that apply to the engine by virtue of regulation 3A.
Provisions for grant of type approval certificate for CI engines
3C
1
An application may be made under regulation 8 for a type approval certificate for an engine type or engine family in any case where a type approval certificate issued under these Regulations is required for the purposes of regulation 3B.
2
The approval authority shall not issue a certificate pursuant to regulation 9(1) if —
a
the engine provided in connection with the application does not meet the requirements specified in these Regulations, or
b
the emissions of gaseous and particulate pollutants from the engine do not comply with the limit values that apply to the engine by virtue of paragraph (3).
3
Where an engine would, in accordance with regulation 3A(1), fall within two or more categories —
a
the engine is to be taken as falling within the category for which the period specified in column 5 of the Table is current at the date when the application for a type approval certificate is made, and
b
the limit values that apply to the emissions of gaseous and particular pollutants from the engine are those that are specified in the provision of Annex 1 which is listed for that category in column 4.
4
Paragraph (2)(b) does not apply in the circumstances specified in paragraph 19 of Schedule 9.
.
Placing on the market: SI engines only
6
1
Regulation 4 (general duty relating to placing on the market) is amended as follows.
2
For the heading and paragraph (1) substitute —
Provisions applying to SI engines only
General duty relating to placing on the market of SI engines
4
1
Subject to regulations 6A and 7, no person shall place on the market any SI engine (whether or not already installed in machinery) unless the requirements of paragraph (2) have been complied with in relation to it.
.
3
In paragraph (2) —
a
for the words “The requirements in respect of any engine are” substitute “The requirements in respect of any SI engine are”;
b
omit sub-paragraphs (d) and (e);
c
in sub-paragraph (f), omit the words “is a SI engine and”; and
d
in sub-paragraphs (g) and (h), omit the words “a SI engine”.
Classes of SI engines
7
1
Regulation 5 (categories of engines) is amended as follows.
2
For the heading and paragraph (1) substitute —
Classes of SI engines
5
1
This regulation defines the classes of SI engine for the purposes of regulations 4, 6 and 7.
.
3
Omit paragraph (2).
Type approval: SI engines only
8
1
Regulation 6 (provisions for grant of type approval certificate) is amended as follows.
2
For the heading substitute “Provisions for grant of type approval certificate for SI engines”.
3
Omit paragraphs (1) and (2).
4
In paragraphs (4) and (5) for the words “Subject to regulation 15” substitute “Subject to regulation 6A”.
Exemptions: SI engines only
9
1
After regulation 6 insert —
Exemptions for SI engines
6A
1
The requirements of regulation 4 shall not apply to —
a
SI engines produced directly or indirectly on behalf of and for use only by the armed services; and
b
replacement SI engines which comply with regulation 7A.
2
The requirements of regulations 4(2)(a), (b) and (c) shall not apply to SI engines which —
a
are approved by the competent approval authorities in another EEA State in accordance with Directive 97/68/EC ;
b
conform to the requirements of the approval; and
c
have affixed to them the markings as defined in section 3 of Annex 1, including the type approval number.
3
Subject to paragraph (5), the requirements of regulations 4(2)(g) and 6(4) shall be replaced by the requirements of regulations 4(2)(f) and 6(3) for a SI engine which —
a
falls within a small volume engine family; and
b
is not manufactured by a small volume engine manufacturer;
so long as the engine family which is intending to benefit from this exemption has a different cylinder displacement from any engine family which has been manufactured by the same manufacturer and which has already benefited from the exemption.
4
Subject to paragraph (5), the requirements of regulations 4(2)(h) and 6(5) shall be replaced by the requirements of regulations 4(2)(f) and 6(3) for a SI engine which —
a
falls within a small volume engine family; and
b
is manufactured by a small volume engine manufacturer;
so long as the engine family which is intending to benefit from this exemption has a different cylinder displacement from any engine family which has been manufactured by the same manufacturer and which has already benefited from the exemption.
5
The total number of SI engines being exempted in accordance with paragraphs (3) and (4) shall not exceed 25,000 per engine family in any one calendar year.
6
The machinery listed in paragraph 7 of article 9a of Directive 97/68/EC which is not manufactured by a small volume engine manufacturer shall be exempt from the requirements of regulations 4(2)(g) and 6(4) for three years (from the date applicable to the class of engine specified in column 2 of the table to regulation 4) so long as the engine complies with the requirements of regulation 4(2)(f).
7
The machinery listed in paragraph 7 of article 9a of Directive 97/68/EC which is manufactured by a small volume engine manufacturer shall be exempt from the requirements of regulations 4(2)(h) and 6(5) for three years (from the date applicable to the class of engine specified in column 3 of the table to regulation 4) so long as the engine complies with the requirements of regulation 4(2)(f).
.
Transitional provisions: SI engines only
10
1
Regulation 7 (transitional provisions in respect of placing on the market) is amended as follows.
2
For the heading substitute “Transitional provisions in respect of placing on the market: SI engines”.
3
Omit paragraph (1).
Provisions applying to both CI and SI engines
11
1
Regulation 7A (replacement engines) is amended as follows.
2
For the heading and paragraph (1) substitute —
Provisions applying to CI and SI engines
Replacement engines: CI and SI engines
7A
1
This regulation shall apply to —
a
replacement CI engines other than engines designed for the propulsion of inland waterway vessels, locomotives or railcars; and
b
replacement SI engines.
.
Application to EEA States
12
1
In regulation 8(1)(c) (application for type approval), regulation 9(2) (approval of engines) and regulation 13(5) (non-conformity with the approved type or family), for the words “member State” substitute “EEA State” .
2
In regulation 12 (provision of technical service) and regulation 13(2)(b) and (3) (non-conformity with the approved type or family), for the words “member States” substitute “EEA States”.
Conformity
13
1
Regulation 11 (conformity) is amended as follows.
2
In paragraph (4) for the words from “the list shall be sent” to the end substitute “the list shall be sent in accordance with the requirements of paragraph (10)”.
3
In paragraph (6) for the words from “within 45 days” to “under regulation 6,” substitute “, in accordance with the requirements of paragraph (10),”.
4
After paragraph (9) add —
10
The list under paragraph (4), and the declaration under paragraph (6), shall be sent —
a
within 45 days after the end of each calendar year; and
b
when there is a change to the limit values on emissions of gaseous and particulate pollutants which, by virtue of regulation 3C(3) or 6, apply to engines belonging to the engine type or engine family in respect of which the type approval certificate has been issued.
.
CI engines: exemptions, end of series engines and equivalent type approvals
14
Omit regulations 15 (exemptions), 15A (end of series engines) and 15B (equivalent type approvals) .
Offences
15
In regulation 17 (offences), in paragraph (a) for the words “regulation 4” substitute “regulation 3B or 4”.
Declarations of compliance with Directive 82/714/EC
16
After regulation 20 (liability of persons other than the principal offender) insert —
PART 4
Declarations of Compliance with Directive 82/714/EC 21
21
1
The Secretary of State shall not issue a Declaration of Compliance in respect of an inland waterway vessel in any case where the engine or engines of the vessel do not meet the requirements of Directive 97/68/EC .
2
“Declaration of Compliance”, in relation to an inland waterway vessel, means a declaration that the vessel complies with the technical requirements for inland waterway vessels laid down in Council Directive 82/714/EC .
.
CI engines: categories, exemptions and transitional provisions
17
After regulation 21 (as inserted by regulation 16 above) insert the following Schedules —
SCHEDULE 8
CATEGORIES OF CI ENGINES
Regulation 3A
PART 1
APPLICATION OF THE TABLES
1
The Tables in Part 2 of this Schedule apply as follows.
2
Table 1 applies to any intermittent speed CI engine other than one to which Table 3, 4 or 5 applies and to any engine falling within paragraph 5(2).
3
Table 2 applies to any constant speed CI engine other than one to which Table 3, 4 or 5 applies.
4
Table 3 applies to —
a
any CI engine which is designed for the propulsion of an inland waterway vessel; and
b
any inland waterway vessel auxilliary engine with a net power output higher than 560 kW .
5
1
Table 4 applies to any CI engine which is designed for the propulsion of locomotives.
2
Paragraph (1) does not include any auxiliary engine or engine intended to power equipment designed to perform maintenance or construction work on the tracks.
6
Table 5 applies to any CI engine which is designed for the propulsion of railcars.
PART 2
THE TABLES
7
In the Tables in this Part of this Schedule —
a
in column 2 of each entry, the range of power output specified is measured in kilowatts;
b
in column 2 of Table 3 the range of swept volume is measured in litres per cylinder;
c
in columns 3 and 5 of each entry, each sequence of numbers represents a date (for example, “01.01.1999” refers to 1st January 1999);
d
in column 4 of each entry, the references are to the provision of Annex 1 that applies to determine the limit values on emissions of gaseous and particulate pollutants;
e
in column 5 of each entry, the letters “N/A” indicate periods that had expired before the coming into force of the Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2006 .
Table 1 Intermittent speed CI engines: applications not covered by Tables 3 to 5
Column 1
Category
Column 2
Power output (P)
Column 3
Period for placing on market
Column 4
Applicable limit values on emissions
Column 5
Period for type approval application
Column 6
Stage
A 130 kW ≤ P ≤ 560 kW
01.01.1999
to
31.12.2001
4.1.2.1 N/A I B 75 kW ≤ P < 130 kW
01.01.1999 to
31.12.2002
4.1.2.1 N/A I C 37 kW ≤ P < 75 kW 01.04.1999 to 31.12.2003 4.1.2.1 N/A I D 1 19 kW ≤ P < 37 kW 01.01.2001 to 31.12.2006 4.1.2.3, table N/A II D 2 18 kW ≤ P < 19 kW 01.01.2001 onwards 4.1.2.3, table 01.01.2000 onwards II E 130 kW ≤ P ≤ 560 kW 01.01.2002 to 31.12.2005 4.1.2.3, table N/A II F 75 kW ≤ P< 130 kW 01.01.2003 to 31.12.2006 4.1.2.3, table N/A II G 37 kW ≤ P< 75 kW 01.01.2004 to 31.12.2007 4.1.2.3, table 01.01.2003 to 31.12.2006 II H 130 kW ≤ P ≤ 560 kW 01.01.2006 to 31.12.2010 4.1.2.4, first table 01.07.2005 to 31.12.2009 IIIA I 75 kW ≤ P < 130 kW 01.01.2007 to 31.12.2011 4.1.2.4, first table 01.01.2006 to 31.12.2010 IIIA J 1 37 kW ≤ P < 56 kW 01.01.2008 to 31.12.2012 4.1.2.4, first table 01.01.2007 to 31.12.2011 IIIA J 2 56 kW ≤ P < 75 kW 01.01.2008 to 31.12.2011 4.1.2.4, first table 01.01.2007 to 31.12.2010 IIIA K 19kW ≤ P < 37 kW 01.01.2007 onwards 4.1.2.4, first table 01.01.2006 onwards IIIA L 130 kW ≤ P ≤ 560 kW 01.01.2011 to 31.12.2013 4.1.2.5, first table 01.01.2010 to 31.12.2012 IIIB M 75 kW ≤ P < 130 kW 01.01.2012 to 30.09.2014 4.1.2.5, first table 01.01.2011 to 30.09.2013 IIIB N 56 kW ≤ P < 75 kW 01.01.2012 to 30.09.2014 4.1.2.5, first table 01.01.2011 to 30.09.2013 IIIB P 37 kW ≤ P < 56 kW 01.01.2013 onwards 4.1.2.5, first table 01.01.2012 onwards IIIB Q 130 kW ≤ P ≤ 560 kW 01.01.2014 onwards 4.1.2.6, table 01.01.2013 onwards IV R 56 kW ≤ P < 130 kW 01.10.2014 onwards 4.1.2.6, table 01.10.2013 onwards IV
Table 2 Constant speed CI engines: applications not covered by Tables 3 to 5
Column 1
Category
Column 2
Power output (P)
Column 3
Period for placing on market
Column 4
Applicable limit values on emissions
Column 5
Period for type approval application
Column 6
Stage
D 1 19 kW ≤ P < 37 kW 01.01.2007 to 31.12.2010 4.1.2.3, table 01.01.2007 to 31.12.2009 II D 2 18 kW ≤ P < 19 kW 01.01.2007 onwards 4.1.2.3, table 01.01.2007 onwards II E 130 kW ≤ P ≤ 560 kW 01.01.2007 to 31.12.2010 4.1.2.3, table 01.01.2007 to 31.12.2009 II F 75 kW ≤ P < 130 kW 01.01.2007 to 31.12.2010 4.1.2.3, table 01.01.2007 to 31.12.2009 II G 37 kW ≤ P < 75 kW 01.01.2007 to 31.12.2011 4.1.2.3, table 01.01.2007 to 31.12.2010 II H 130 kW ≤ P < 560 kW 01.01.2011 onwards 4.1.2.4, first table 01.01.2010 onwards IIIA I 75 kW ≤ P < 130 kW 01.01.2011 onwards 4.1.2.4, first table 01.01.2010 onwards IIIA J 37 kW ≤ P < 75 kW 01.01.2012 onwards 4.1.2.4, first table 01.01.2011 onwards IIIA K 19kW ≤ P < 37 kW 01.01.2011 onwards 4.1.2.4, first table 01.01.2010 onwards IIIA
Table 3 CI engines: propulsion of, and auxiliary use in, inland waterway vessels
Column 1
Category
Column 2
Swept volume ( SV )/ Power output ( P )
Column 3
Period for placing on market
Column 4
Applicable limit values on emissions
Column 5
Period for type approval application
Column 6
Stage
VI :1 SV < 0.9, and P ≥ 37 kW 01.01.2007 onwards 4.1.2.4, second table 01.01.2006 onwards IIIA VI:2 0.9 ≤ SV < 1.2 01.01.2007 onwards 4.1.2.4, second table 01.07.2005 onwards IIIA VI:3 1.2 ≤ SV < 2.5 01.01.2007 onwards 4.1.2.4, second table 01.07.2005 onwards IIIA VI:4 2.5 ≤ SV < 5 01.01.2009 onwards 4.1.2.4, second table 01.01.2007 onwards IIIA V2:1 5 ≤ SV < 15 01.01.2009 onwards 4.1.2.4, second table 01.01.2008 onwards IIIA V2:2 15 ≤ SV < 20, and P ≤ 3300 kW 01.01.2009 onwards 4.1.2.4, second table 01.01.2008 onwards IIIA V2:3 15 ≤ SV < 20, and P >3300 kW 01.01.2009 onwards 4.1.2.4, second table 01.01.2008 onwards IIIA V2:4 20 ≤ SV < 25 01.01.2009 onwards 4.1.2.4, second table 01.01.2008 onwards IIIA V2:5 25 ≤ SV < 30 01.01.2009 onwards 4.1.2.4, second table 01.01.2008 onwards IIIA
Table 4 CI engines: propulsion of locomotives
Column 1
Category
Column 2
Power output (P)
Column 3
Period for placing on market
Column 4
Applicable limit values on emissions
Column 5
Period for type approval application
Column 6
Stage
RLA 130 ≤ P ≤ 560 01.01.2007 to 31.12.2011 4.1.2.4, third table 01.01.2006 to 31.12.2010 IIIA RHA P > 560 01.01.2009 to 31.12.2011 4.1.2.4, third table 01.01.2008 to 31.12.2010 IIIA RB P > 130 01.01.2012 onwards 4.1.2.5, third table 01.01.2011 onwards IIIB
Table 5 CI engines: propulsion of railcars
Column 1
Category
Column 2
Power output (P)
Column 3
Period for placing on market
Column 4
Applicable limit values on emissions
Column 5
Period for type approval application
Column 6
Stage
RCA P > 130 01.01.2006 to 31.12.2011 4.1.2.4, fourth table 01.07.2005 to 31.12.2010 IIIA RCB P > 130 01.01.2012 onwards 4.1.2.5, second table 01.01.2011 onwards IIIB
SCHEDULE 9
CI ENGINES: EXEMPTIONS AND TRANSITIONAL PROVISIONS
Regulation 3B
PART 1
ALL CI ENGINES: TABLES 1 TO 5
1
This Part of this Schedule applies to a CI engine falling within a category specified in any Table in Schedule 8 to these Regulations.
Armed services
2
The requirements of regulation 3B shall not apply to CI engines which are produced directly or indirectly on behalf of and for use only by the armed services.
Launch and recovery vessels
3
The requirements of regulation 3B shall not apply to —
a
CI engines for use in machines intended primarily for the launch and recovery of lifeboats; or
b
CI engines for use in machines intended primarily for the launch and recovery of beach launched vessels.
Engines approved in other EEA States
4
The requirements of regulation 3B(2)(a), (b) and (c) shall not apply to CI engines which —
a
are approved by the competent approval authorities in another EEA State in accordance with Directive 97/68/EC ;
b
conform to the requirements of the approval; and
c
have affixed to them the markings as defined in section 3 of Annex 1, including the type approval number.
Transition to Stage IIIA, IIIB or IV: prior production dates
5
1
A manufacturer may place on the market a qualifying CI engine notwithstanding that it does not comply with the limit values on the emissions of gaseous and particulate pollutants that apply to the engine by virtue of regulation 3A.
2
“Qualifying CI engine” means an engine which —
a
falls within a category specified in a Table in Schedule 8 to these Regulations for which the Stage indicated in column 6 of the Table is IIIA, IIIB or IV;
b
has a production date before the beginning of the period specified for that category in column 3 of the Table;
c
is placed on the market no later than two years after the beginning of that period; and
d
is of an engine type or family which complies with the limit values (if any) on the emissions of gaseous and particulate pollutants which, by virtue of regulation 3A, applied to the category of engines specified in the same Table with the same power output but under the immediately preceding Stage.
PART 2
CI ENGINES IN APPLICATIONS COVERED BY TABLE 1 OR TABLE 2
6
This Part of this Schedule applies to a CI engine falling within a category specified in Table 1 or 2 in Schedule 8 to these Regulations.
Replacement engines
7
The requirements of regulation 3B shall not apply to replacement CI engines which comply with regulation 7A.
Equivalent type approval
8
1
In relation to CI engines which fall within categories A, B or C, the type approvals specified in sections 1.1, 1.2 and 1.3 of Annex 12 shall be regarded as being equivalent to a type approval issued in accordance with these Regulations so long as the engine has affixed to it any markings that are specified by the relevant type approval.
2
In relation to CI engines which fall within categories D 1 , D 2 , E, F or G, the type approvals specified in sections 2.1, 2.2, 2.3 and 2.4 of Annex 12 shall be regarded as being equivalent to a type approval issued in accordance with these Regulations so long as the engine has affixed to it any markings that are specified by the relevant type approval.
Transition to Stage IIIA, IIIB and IV: flexibility schemes
9
1
If the requirements of paragraphs 11 to 13 are complied with in relation to a flexibility scheme approved under paragraph 10, an eligible CI engine may be placed on the market under the scheme, notwithstanding that the engine does not comply with the limit values on the emissions of gaseous and particulate pollutants that apply to the engine by virtue of regulation 3A.
2
A flexibility scheme is a scheme for the placing on the market of eligible CI engines with a view to their use in a particular type of non-road mobile machinery.
3
In paragraphs 10 to 13, a person who manufactures a type of non-road mobile machine is referred to as an original equipment manufacturer or “OEM”.
4
In this paragraph and paragraph 11 “eligible CI engine” means —
a
an intermittent speed or constant speed CI engine falling within any of categories H to K (Stage IIIA categories);
b
an intermittent speed CI engine falling within any of categories L to P (Stage IIIB categories); or
c
an intermittent speed CI engine falling within category Q or R (Stage IV categories).
10
1
An application for approval under this paragraph of a flexibility scheme —
a
must be made to the approval authority; and
b
may be made only by the original equipment manufacturer of the non-road mobile machinery into which an engine subject to the scheme is, or is to be, installed.
2
An application must specify whether the engines subject to the scheme fall within a Stage IIIA, IIIB or IV category and must include —
a
a sample of the labels referred to in paragraph 11(c);
b
a sample of the labels referred to in paragraph 13(1)(a); and
c
such information as the approval authority may request in order to enable it to determine whether or not to approve the scheme.
3
An application may request approval for the limit on the number of engines that may be placed on the market under the scheme to be determined in accordance with paragraph 12(4) (instead of in accordance with paragraph 12(2)).
4
The approval authority must notify the OEM of its decision whether or not to approve the scheme.
11
In relation to an eligible CI engine falling within a particular category, the requirements of this paragraph are that —
a
the engine is placed on the market before the end of the period specified for that category in column 3 of the Table;
b
the engine complies with the limit values on the emissions of gaseous and particulate pollutants which, by virtue of regulation 3A, applied to the category of engines specified in the same Table with the same power output but under the immediately preceding Stage; and
c
the text “ENGINE PLACED ON MARKET UNDER THE FLEXIBILITY SCHEME” is attached to a label on the engine.
12
1
The number of engines falling within each category that are placed on the market under a flexibility scheme must not exceed the maximum determined in accordance with this paragraph.
2
Unless sub-paragraph (4) applies, the maximum number is 20 per cent of the relevant average of annual sales of the non-road mobile machinery in which engines falling within the category are installed.
3
The relevant average is to be calculated —
a
as the arithmetic mean of the OEM’s annual sales on the European Economic Area market over the preceding 5 years; or
b
if equipment of the OEM has been marketed in the European Economic Area for a period of less than 5 years, on the basis of the period for which the OEM has marketed equipment in the European Community.
4
Where a request has been approved under paragraph 10(3) in relation to a category of engine with power output (measured in kW) within the range specified in column 1 of the following Table, the maximum number of engines falling within that category which may be placed on the market under the scheme is the number specified in column 2.
Column 1
Power output of engine category (P)
Column 2
Maximum number of engines
19 kW ≤ P < 37 kW 200 37 kW ≤ P < 75 kW 150 75 kW ≤ P < 130 kW 100 130 kW ≤ P < 560 kW 50
13
1
The OEM must —
a
in relation to each non-road mobile machinery in which an engine placed on the market under a flexibility scheme is installed, affix a label bearing the following text (inserting the information indicated, as appropriate) —
MACHINE No ( sequence of machines ) OF ( total number of machines in respective power band ) WITH ENGINE No WITH TYPE APPROVAL (Dir 97/68/EC) No
;
b
within one month of the approval authority giving a notification under paragraph 10(4), send particulars of the scheme to the competent approval authorities of every other EEA State; and
c
provide those authorities and the approval authority with a report on the implementation of the scheme.
2
A report under sub-paragraph (1)(c) must be sent at least once every 6 months after the approval is given, until such time as the final report is sent indicating that the maximum number of engines permitted under paragraph 12 have been placed on the market and that the scheme is terminated accordingly.
3
A report under sub-paragraph (1)(c) must include cumulative data relating to the scheme, including —
a
the number of engines placed on the market and their serial numbers;
b
the number of non-road mobile machinery placed on the market and their serial numbers; and
c
the EEA States in which non-road mobile machinery covered by the scheme have been placed on the market.
PART 3
CI ENGINES IN INLAND WATERWAY VESSELS: TABLE 3
14
This Part of this Schedule applies to a CI engine falling within a category specified in Table 3 in Schedule 8 to these Regulations.
CCNR requirements
15
1
The requirements of regulation 3B shall not apply to CI engines which —
a
meet the requirements established by CCNR Stage I , the emission limit values for which are set out in Annex 14; and
b
are placed on the market on or before 30th June 2007.
2
The requirements of regulation 3B shall not apply to CI engines which meet the requirements established by CCNR Stage II, the emission limit values for which are set out in Annex 15.
3
References to the requirements established by CCNR Stage I or II are to requirements applying to inland waterway vessels which —
a
are established in the framework of the Mannheim Convention for the Navigation of the Rhine (as amended at the date on which these Regulations come into force ); and
b
have been formally recognised by the Central Commission of Navigation on the Rhine as being equivalent to such requirements of Directive 97/68/EC as apply to inland waterway vessels.
PART 4
CI ENGINES IN LOCOMOTIVES: TABLE 4
16
This Part of this Schedule applies to a CI engine falling within a category specified in Table 4 in Schedule 8 to these Regulations.
Transition to Stage IIIA: existing contracts
17
The requirements of regulation 3B shall not apply to CI engines which are —
a
manufactured pursuant to a contract to purchase the engine which was entered into before 20th May 2004; and
b
placed on the market no later than —
i
in the case of an engine with a power output within the range specified for category RLA, 31st December 2008;
ii
in the case of an engine with a power output within the range specified for category RHA, 31st December 2010.
Transition to Stage IIIB: existing contracts
18
1
A manufacturer may place on the market a qualifying CI engine notwithstanding that it does not comply with the limit values that apply to it by virtue of regulation 3A.
2
”Qualifying CI engine” means an engine which —
a
falls within category RB;
b
is manufactured pursuant to a contract to purchase the engine which was entered into before 20th May 2004;
c
is placed on the market no later than 31st December 2013; and
d
complies with the limit values on the emissions of gaseous and particulate pollutants which, by virtue of regulation 3A, applied to the category of engines specified in Table 4 in Schedule 8 with the same power output but under the immediately preceding Stage.
19
1
If sub-paragraph (2) applies, the approval authority may issue a type approval certificate pursuant to regulation 9 notwithstanding that the requirements of regulation 3C(2)(b) are not met in relation to the engine provided in connection with the application for type approval.
2
This sub-paragraph applies if —
a
a contract to purchase engines of the engine type or family to which the application for type approval relates was entered into before 20th May 2004;
b
the application for type approval is made in the period beginning with 1st January 2011 and ending with 31st December 2012; and
c
the engine complies with the limit values on emissions of gaseous and particulate pollutants which, by virtue of regulation 3A, applied to the category of engines specified in Table 4 in Schedule 8 with the same power output but under the immediately preceding Stage.
.
Signed by authority of the Secretary of State
S.J. Ladyman
Minister of State
Department for Transport
9th January 2006


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment Regulations 2006 and shall come into force on 1st April 2006.
2
These Regulations apply in relation to England.
3
In these Regulations “the Optical Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 .
Amendments to the Optical Regulations
2
In regulation 19 (redemption value of voucher for replacement or repair) —
a
in paragraph (1)(b), for “£48.00” substitute “£49.20”; and
b
in paragraph (3), for “£12.40” substitute “£12.70”.
Amendments to the Schedules to the Optical Regulations
3
1
In Schedule 1 to the Optical Regulations (voucher letter codes and face values-supply and replacement) in column (3) of the table (face value of voucher), for each amount specified in column (1) of the table below substitute the amount specified in relation to it in column (2) of the table below.
(1)
Old amount
(2)
New amount
£32.90 £33.70 £50.00 £51.20 £73.10 £74.90 £165.00 £169.10 £56.80 £58.20 £72.20 £74.00 £93.60 £95.90 £181.40 £185.90 £169.00 £173.20 £48.00 £49.20
2
In Schedule 2 to the Optical Regulations (prisms, tints, photocromic lenses, small and special glasses and complex appliances) —
a
in paragraph 1(1)(a), for “£10.70” substitute “£11.00”;
b
in paragraph 1(1)(b), for “£12.80” substitute “£13.10”;
c
in paragraph 1(1)(c), for “£3.60” substitute “£3.70”;
d
in paragraph 1(1)(d), for “£4.10” substitute “£4.20”;
e
in paragraph 1(1)(e), for “£54.10”, “£48.00” and “£26.00” substitute “£55.50”, “£49.20” and “£26.60” respectively;
f
in paragraph 1(1)(g), for “£54.10” substitute “£55.50”;
g
in paragraph 2(a), for “£12.40” substitute “£12.70”; and
h
in paragraph 2(b), for “£31.30” substitute “£32.10”.
3
For Schedule 3 to the Optical Regulations (voucher values-repair), substitute the Schedule 3 set out in the Schedule to these Regulations.
Transitional Provision
4
The amounts substituted by regulations 2 and 3 shall apply only in relation to a voucher accepted or used pursuant to regulation 12 or regulation 17 of the Optical Regulations on or after 1 st April 2006.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
23rd February 2006