text:
Citation and commencement
1
These Regulations may be cited as the Welfare of Farmed Animals (England) (Amendment) Regulations 2010; they come into force on the day after the day on which they are made.
Amendment of the Welfare of Farmed Animals (England) Regulations 2007
2
The Welfare of Farmed Animals (England) Regulations 2007 are amended in accordance with regulations 3 to 8.
Amendment of regulation 2 (definitions and interpretation)
3
1
In regulation 2(1) —
a
after the definition of “calf”, insert —
“conventionally reared meat chicken” means an animal of the species Gallus gallus that is kept for meat production, other than one —
that is on a holding with fewer than 500 such animals or with only breeding stocks of such animals;
that is on a hatchery;
in relation to which the term “Extensive indoor (barn-reared)”, “Free range”, “Traditional free range” or “Free range – total freedom” can be used within the meaning of point (b), (c), (d) or (e) of Annex V to Commission Regulation (EC) No 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat ; or
that is organically reared in accordance with Council Regulation (EC) No 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 ;
“food business operator” has the meaning given by Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety ;
;
b
in the definition of “litter” after the words “laying hens” insert “and conventionally reared meat chickens” and replace the words “enabling the hens” with the words “enabling those birds”;
c
after the definition of “pig” insert —
“stocking density” means, in relation to any house in which conventionally reared meat chickens are kept, the total live weight of chickens which are present in the house at the same time per m 2 of usable area;
; and
d
in the definition of “usable area” —
i
after “means”, insert “, in relation to laying hens,”,
ii
at the end, insert “, or, in relation to conventionally reared meat chickens, a littered area accessible to the chickens at any time”.
2
In regulation 2(2) after sub-paragraph (a), insert —
aa
in relation to conventionally reared meat chickens, Council Directive 2007/43/ EC laying down minimum rules for the protection of chickens kept for meat production .
.
Amendment of regulation 5 (additional duties on persons responsible for poultry, laying hens, calves, cattle, pigs or rabbits)
4
1
In regulation 5(1)(a), after “Schedules 2 to 4”, insert “and conventionally reared meat chickens”.
2
In regulation 5(1), after sub-paragraph (b) insert —
ba
conventionally reared meat chickens must comply with Part 2 of Schedule 5A,
.
3
After regulation 5(3), insert —
4
Part 1 of Schedule 5A has effect.
.
Insertion of regulation 5A
5
After regulation 5 insert —
Monitoring and follow-up at the slaughterhouse
5A
Part 3 of Schedule 5A has effect.
.
Amendment of regulation 7 (offences)
6
1
In regulation 7 renumber the existing provision as paragraph (1).
2
After paragraph (1) (as so renumbered) add —
2
A food business operator who, without lawful authority or excuse, fails to comply with a duty in paragraph 14(2) of Schedule 5A, commits an offence.
Amendment of Schedule 1 (general conditions under which farmed animals must be kept)
7
In Schedule 1 —
a
in paragraph 2(3) after paragraph (a) insert —
aa
in the case of conventionally reared meat chickens, paragraph 11(1) and (2) of Schedule 5A;
;
b
in paragraph 5, before “Any animals” insert “Without prejudice to paragraph 11(3) of Schedule 5A”;
c
in paragraph 7 —
i
in sub-paragraph (b)(ii), omit “or” the second time it occurs;
ii
in sub-paragraph (b)(iii), omit “or”;
iii
after sub-paragraph (b)(iii), insert —
iiia
in the case of conventionally reared meat chickens, paragraph 11(1) and (2) of Schedule 5A; or
.
Insertion of Schedule 5A (additional conditions that apply in relation to conventionally reared meat chickens)
8
After Schedule 5 to the Welfare of Farmed Animals (England) Regulations 2007, insert the Schedule set out in the Schedule to these Regulations.
Henley
Parliamentary Under-Secretary
Department for Environment, Food and Rural Affairs
22nd December 2010


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) Order 2010 and comes into force on 1st April 2010.
Amendment of the Value Added Tax Act 1994
2
The Value Added Tax Act 1994 is amended in accordance with articles 3 and 4.
3
In Schedule 1 (registration in respect of taxable supplies) —
a
in paragraph 1(1)(a) and (b) and (2)(a) and (b), for “£68,000” substitute “£70,000”; and
b
in paragraphs 1(3) and 4(1) and (2), for “£66,000” substitute “£68,000” .
4
In Schedule 3 (registration in respect of acquisitions from other member states) in paragraphs 1(1) and (2) and 2(1)(a) and (b) and (2), for “£68,000” substitute “£70,000” .
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 2010


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Personal Injuries ( NHS Charges) (Amounts) Amendment Regulations 2010 and shall come into force on 1st April 2010.
2
These Regulations apply in relation to England and Wales.
3
In these Regulations —
“certificate” means a certificate issued under section 151 of the Health and Social Care (Community Health and Standards) Act 2003; and
“the principal Regulations ” means the Personal Injuries (NHS Charges) (Amounts) Regulations 2007 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2 of the principal Regulations (amount of NHS charges) —
a
in paragraph (1)(a) for “£171” substitute “£177”;
b
in paragraph (1)(b)(i) for “£566” substitute “£585”;
c
in paragraph (1)(b)(ii) for “£695” substitute “£719”; and
d
in paragraph (4) for “£41,545” substitute “£42,999”.
Saving
3
The principal Regulations shall continue to have effect in respect of a certificate relating to an injury which occurred before 1st April 2010 as if the amendments made by these Regulations had not been made.
Signed by authority of the Secretary of State for Health.
Mike O’Brien
Minister of State,
Department of Health
1st February 2010


text:
Citation and commencement
1
This Order may be cited as the Postgraduate Medical Education and Training Order of Council 2010 and shall come into force on 1st April 2010.
Interpretation
2
In this Order —
“ the Act ” means the Medical Act 1983;
“previous legislation” means —
the European Specialist Medical Qualifications Order 1995 ; and
the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 .
Persons eligible to be registered in, and liable to removal from, the General Practitioner Register
3
1
Persons are eligible to be registered in the General Practitioner Register for the purposes of section 34C(2)(c) of the Act if they are —
a
eligible general practitioners as specified in article 4;
b
eligible general systems general practitioners as specified in article 5; or
c
persons who are —
i
registered in the list of visiting medical practitioners from relevant European States mentioned in section 30(1)(d) of the Act; and
ii
providing services in the United Kingdom as a general practitioner on a temporary and occasional basis, in exercise of entitlement under Schedule 2A to the Act.
2
If a person whose name is included by virtue of paragraph (1)(c) in the General Practitioner Register ceases to satisfy any of the conditions specified, the Registrar may remove that person’s name from that register.
General practitioners eligible for entry in the General Practitioner Register
4
1
Persons are eligible general practitioners for the purposes of article 3(1)(a) if they are exempt persons and hold any of the following issued in a relevant European State other than the United Kingdom —
a
a qualification in general practice listed in Annex V, point 5.1.4 of the Directive, together with the corresponding professional title;
b
a certificate of acquired rights; or
c
a qualification in general practice which is not listed in Annex V, point 5.1.4 of the Directive, if that qualification —
i
is accompanied by a certificate of a competent authority of the relevant European State in which the qualification was obtained, to the effect that the qualification is evidence of training which satisfies the requirements of Article 28 of the Directive, and
ii
is treated by that State as if it were a qualification listed in relation to that State in Annex V, point 5.1.4 of the Directive.
2
Persons are also eligible general practitioners for the purposes of article 3(1)(a) if they hold —
a
a certificate of prescribed experience; or
b
a certificate of equivalent experience,
which was issued under previous legislation, either by the Postgraduate Medical Education and Training Board or by the Joint Committee on Postgraduate Training for General Practice.
3
Persons are also eligible general practitioners for the purposes of article 3(1)(a) if they were exempt from the need to have acquired the prescribed experience by virtue of paragraph (1)(a), (b), (c), (d) or (f) of regulation 5 (exemptions) of —
a
the National Health Service (Vocational Training for General Medical Practice) Regulations 1997 ;
b
the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998 ; or
c
the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998 .
4
Subject to paragraph (5), persons are also eligible general practitioners for the purposes of article 3(1)(a) if they do not fall within paragraph (1), (2) or (3) but have —
a
undertaken training in general practice; or
b
been awarded qualifications in general practice,
and the Registrar is satisfied that that training is, or those qualifications are, or both when considered together are, equivalent to a CCT in general practice.
5
If a person falling within paragraph (4)(a) or (b) is an exempt person and holds a qualification in general practice which —
a
was granted otherwise than in a relevant European State, and
b
has not previously been accepted by a relevant European State as qualifying that person to practise as a general practitioner in that State,
the Registrar must, before determining that the qualification is equivalent to a CCT in general practice, also be satisfied that the qualification in general practice is evidence of training that meets, or under Article 22(a) of the Directive is to be treated as meeting, the requirements of Article 28 of the Directive.
6
If a person falling within paragraph (4)(a) or (b) —
a
is an exempt person and holds a qualification in general practice which —
i
was granted otherwise than in a relevant European State, but
ii
has been accepted by a relevant European State, other than the United Kingdom, as qualifying that person to practise as a general practitioner in that State; or
b
has acquired experience or knowledge in general practice, wherever obtained,
the Registrar shall take account of that acceptance or of that experience or knowledge, when determining the equivalence of the training or qualifications to a CCT in general practice for the purposes of paragraph (4).
7
In paragraph (1)(b), “certificate of acquired rights” means a certificate issued under Article 30(1) of the Directive to the effect that its holder has an acquired right to practice as a general practitioner under the national social security scheme of the issuing State without the evidence of formal qualifications of a general practitioner referred to in Annex V, point 5.1.4 of the Directive.
General systems general practitioners eligible for entry in the General Practitioner Register
5
A person is an eligible general systems general practitioner for the purposes of article 3(1)(b) if —
a
their case falls within regulation 3(9)(e) of the General Systems Regulations;
b
regulations 20 to 26 of those Regulations apply to that person by reason of the operation of regulation 3(4) of those Regulations; and
c
that person has a right to practise as a general practitioner in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period that that person may be required to complete pursuant to that Part of those Regulations).
Persons with acquired rights
6
1
For the purposes of section 34G(1) of the Act, a person has an acquired right to practise as a general practitioner in the United Kingdom if they fall within any of the categories of persons specified in paragraphs (2), (3), (5) and (6).
2
A person has an acquired right if, on 31st December 1994, their name was included in a medical list kept by an FHSA or in any corresponding list kept by a Health Board in Scotland or by the Northern Ireland Central Services Agency for the Health and Social Services in Northern Ireland.
3
Subject to paragraph (4), a person has an acquired right if, on 31st December 1994, they were suitably experienced within the meaning of —
a
section 31 of the National Health Service Act 1977 (requirement of suitable experience);
b
section 21 of the National Health Service (Scotland) Act 1978 (requirement of suitable experience); or
c
Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1978 (requirement of suitable experience).
4
Paragraph (3) does not apply where the person was suitably experienced by virtue of —
a
regulation 8(1)(e) or (h) of the National Health Service (Vocational Training) Regulations 1979 (exemptions for applications to be a restricted services principal and for doctors who are EC nationals);
b
regulation 8(1)(e) or (h) of the National Health Service (Vocational Training) (Scotland) Regulations 1980 (exemptions for applications to be a restricted services principal and for doctors who are EC nationals); or
c
regulation 7(1)(d) or (g) of the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1979 (exemptions for applications to be a restricted services principal and for doctors who are EC nationals),
even if on that date that person had yet to obtain a certificate of prescribed experience or a certificate of equivalent experience under any of those Regulations.
5
A person has an acquired right if, on 31st December 1994, they were established in the United Kingdom by virtue of a qualification in medicine awarded in a relevant European State other than the United Kingdom which had, in their case, to be recognised in the United Kingdom by virtue of the Directive as entitling that person to be registered under section 3(1)(b) of the Act as a fully registered person.
6
A person has an acquired right if, on at least 10 days in the period of 4 years ending with 31st December 1994, or on at least 40 days in the period of 10 years ending with that date, they had —
a
been engaged as a deputy by, or provided as a deputy to, a doctor whose name was included in the medical list of an FHSA or in any corresponding list kept by a Health Board in Scotland or by the Northern Ireland Central Services Agency for the Health and Social Services in Northern Ireland; or
b
been employed as an assistant (other than as a trainee general practitioner) by such a doctor.
7
For the purposes of paragraph (6), engagement or provision as a deputy for a period of less than 24 hours beginning before but ending after midnight counts as engagement or provision on the second day only.
8
In this article —
“an FHSA” means a Family Health Services Authority;
“medical list” has the same meaning as in —
the National Health Service (General Medical Services) Regulations 1992 ;
the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974 ; or, as the case may be,
the General Medical Services Regulations (Northern Ireland) 1997 .
Persons eligible to be registered in, and liable to removal from, the Specialist Register
7
1
Persons are eligible to be registered in the Specialist Register for the purposes of section 34D(2)(c) of the Act if they are —
a
eligible specialists as specified in article 8;
b
eligible general systems specialists as specified in article 9; or
c
persons —
i
who are registered in the list of visiting medical practitioners from relevant European States mentioned in section 30(1)(d) of the Act; and
ii
who are providing services in the United Kingdom as a specialist on a temporary and occasional basis, in exercise of entitlement under Schedule 2A to the Act.
2
If a person whose name is included by virtue of paragraph (1)(c) in the Specialist Register ceases to satisfy any of the conditions specified, the Registrar may remove that person’s name from that register.
Specialists eligible for entry in the Specialist Register
8
1
Persons are eligible specialists for the purposes of article 7(1)(a) if they are exempt persons and hold a recognised specialist qualification granted outside the United Kingdom as specified in article 10.
2
Subject to paragraph (4), a person (“S”) is an eligible specialist for the purposes of article 7(1)(a) if S does not fall within paragraph (1) but has —
a
undertaken specialist training; or
b
been awarded specialist qualifications,
in a recognised specialty and satisfies the Registrar that that specialist training is, or those qualifications are, or both when considered together are, equivalent to a CCT in the specialty in question.
3
Subject to paragraph (4), a person (“T”) is an eligible specialist for the purposes of article 7(1)(a) if T does not fall within paragraph (1) but —
a
has —
i
undertaken specialist training; or
ii
been awarded specialist qualifications,
outside the United Kingdom in a medical specialty which is not a recognised specialty; or
b
has knowledge of, or experience in, any medical specialty derived from academic or research work,
and the Registrar is satisfied that these give T a level of knowledge and skill consistent with practice as a consultant in any of the UK health services.
4
If S or, as the case may be, T, is an exempt person and holds a specialist qualification which —
a
was granted otherwise than in a relevant European State, and
b
has not previously been accepted by a relevant European State as qualifying an exempt person to practise as a specialist in that State,
S is not an eligible specialist pursuant to paragraph (2) and T is not an eligible specialist pursuant to paragraph (3) unless the Registrar is satisfied that the specialist qualification is evidence of training that meets, or under Article 22(a) of the Directive is to be treated as meeting, the requirements of Article 25 of the Directive.
5
If S or, as the case may be, T —
a
is an exempt person who holds a specialist qualification which —
i
was granted other than in a relevant European State; but
ii
has been accepted by a relevant European State, other than the United Kingdom, as qualifying that person to practise as a specialist in that State; or
b
has acquired specialist medical experience or knowledge, wherever obtained,
the Registrar shall take account of that acceptance or of that experience or knowledge, when determining the adequacy of the training or qualifications under paragraph (2) or (3).
6
A person is also an eligible specialist for the purposes of article 7(1)(a) if that person —
a
was included in the specialist register maintained by the General Council under previous legislation;
b
had been determined by the Registrar to be an eligible specialist for the purposes of previous legislation; or
c
holds a Certificate of Completion of Specialist Training awarded under, or by virtue of, previous legislation.
7
In paragraphs (2) and (3), “specialist training” means specialist medical training that —
a
comprises theoretical and practical instruction in a post specifically designated as a training post;
b
takes place in a university centre, a teaching hospital or other health establishment;
c
is supervised by an appropriate authority or other body; and
d
involves the personal participation of the person training to be a specialist in the activity and in the responsibilities of the establishment concerned.
General systems specialists eligible for entry in the Specialist Register
9
A person is an eligible general systems specialist for the purposes of article 7(1)(b) if —
a
their case falls within regulation 3(9)(a), (c) or (e) of the General Systems Regulations;
b
regulations 20 to 26 of those Regulations apply to that person by reason of the operation of regulation 3(4) of those Regulations, and
c
that person has a right to practise as a specialist in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period that that person may be required to complete pursuant to that Part of those Regulations).
Recognised specialist qualifications granted outside the United Kingdom
10
1
The following are, for the purpose of article 8(1), recognised specialist qualifications granted outside the United Kingdom —
a
a specialist qualification listed in Annex V, point 5.1.2 of the Directive which was awarded —
i
in a relevant European State other than the United Kingdom;
ii
on or after the reference date, not being evidence of training commenced by the holder before that date; and
iii
in a recognised specialty;
b
a specialist qualification listed in Annex V, point 5.1.2 of the Directive —
i
which was awarded in a relevant European State other than the United Kingdom;
ii
which was awarded following training commenced by the holder before the reference date;
iii
which was awarded in a recognised specialty; and
iv
where the holder of the qualification satisfies the Registrar (by means of a certificate of a competent authority of the relevant European State in which it was awarded or otherwise) that it accords with the standards laid down by Article 25 of the Directive;
c
a specialist qualification which —
i
was awarded in a relevant European State other than the United Kingdom;
ii
was awarded in a recognised specialty;
iii
does not satisfy all the minimum training requirements laid down by Article 25 of the Directive;
iv
was awarded following training commenced by the holder before the reference date; and
v
is accompanied by a certificate of a competent authority of any relevant European State that the holder has effectively and lawfully been engaged in the practice of the specialty in that State for at least three consecutive years during the five years preceding the date of the certificate;
d
a specialist qualification in a recognised specialty which —
i
has been obtained at any time in a relevant European State other than the United Kingdom;
ii
does not correspond to the titles listed in Annex V, points 5.1.2 and 5.1.3 of the Directive; and
iii
is accompanied by a certificate of a competent authority of that State to the effect that the qualification is evidence of training which satisfies the requirements of Article 25 of the Directive and is treated by that State as if it were a qualification listed in respect of the relevant specialty in relation to that State in Annex V, points 5.1.2 and 5.1.3 of the Directive;
e
a specialist qualification which —
i
was awarded in Spain to doctors who completed their specialist training before 1st January 1995, even if that training does not satisfy the requirements of Article 25 of the Directive;
ii
was awarded in a recognised specialty; and
iii
is accompanied by a certificate issued by a competent authority in Spain attesting that the person concerned has passed the examination in specific professional competence held in accordance with Article 27(2) of the Directive with a view to ascertaining that the person concerned possesses a level of knowledge and skill comparable to that of doctors who possess a specialist qualification listed in respect of the relevant specialty in relation to Spain in Annex V, points 5.1.2 and 5.1.3 of the Directive;
f
a specialist qualification in a recognised specialty —
i
which is evidence of training which does not accord with the standards laid down by Article 25 of the Directive, undertaken on the territory of the former German Democratic Republic and begun before 3rd April 1992;
ii
where the holder of the qualification satisfies the Registrar (by means of a certificate of a competent authority in Germany or otherwise) that they are entitled by virtue of that qualification to practise their specialty throughout the territory of Germany on the same conditions as the holder of a qualification awarded in Germany and listed in Annex V, point 5.1.2 of the Directive; and
iii
where evidence of the qualification is accompanied by a certificate of a competent authority in Germany that the holder has effectively and lawfully been engaged in the practice of the specialty in Germany for at least three consecutive years during the five years preceding the date of the certificate; and
g
a specialist qualification which —
i
was awarded by, or which relates to training started in, the territory specified in column (a) of the table before the date specified in the corresponding entry in column (b) of that table;
ii
is accompanied by an attestation by a competent authority of the relevant European State specified in the corresponding entry in column (c) in that table to the effect that that qualification has, on its territory, the same legal validity as regards access to, and practice of, specialised medicine as a qualification awarded in that specialty in that State and listed in Annex V, point 5.1.2 of the Directive in respect of that State; and
iii
is accompanied by a certificate from that authority that the holder has effectively and lawfully been engaged in the activity in question in that State for at least three consecutive years during the five years prior to the date of issue of that certificate.
Column (a) Column (b) Column (c)
Former Czechoslovakia 1st January 1993 Czech Republic Former Czechoslovakia 1st January 1993 Slovakia Former Soviet Union 20th August 1991 Estonia Former Soviet Union 21st August 1991 Latvia Former Soviet Union 11th March 1990 Lithuania Former Yugoslavia 25th June 1991 Slovenia
2
In paragraph (1), “the reference date”, in relation to a relevant European State, means the date specified in relation to that State in the column entitled “Reference date” in Annex V, point 5.1.2 of the Directive.
Recognised specialities within the United Kingdom
11
1
The specialties specified in the Schedule are those which are recognised within the United Kingdom for the purposes of the Act.
2
The Schedule specifies both those specialties and the minimum training period relevant to those specialties.
3
Nothing in the Schedule shall prevent the award of a Certificate of Completion of Training in medical microbiology and virology to a person who was undergoing the education and training necessary to obtain such an award on 28th August 2009.
Judith Simpson
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Health and Social Care Act 2008 (Commencement No. 14) Order 2010.
Appointed day for provisions relating to the Office of the Health Professions Adjudicator
2
25th January 2010 is the day appointed for the coming into force of the following provisions of the Health and Social Care Act 2008 —
a
section 98(1);
b
section 98(3) insofar as it relates to the provisions of Schedule 6 specified in paragraph (g);
c
section 107(1);
d
section 107(4) insofar as it relates to the provision specified in paragraph (c);
e
section 108;
f
section 127 insofar as it relates to the provisions of Schedule 10 specified in paragraph (h);
g
in Schedule 6 —
i
paragraphs 1 to 3,
ii
paragraphs 11 to 14, and
iii
paragraphs 17 to 23;
h
in Schedule 10 —
i
paragraph 2(b),
ii
paragraph 3 insofar as it is not already in force,
iii
paragraph 6(a),
iv
paragraph 13(b), and
v
paragraph 22.
Signed on behalf of the Secretary of State for Health
Ann Keen
Parliamentary Under Secretary of State,
Department of Health
4th January 2010


text:
Citation, commencement and effect
1
1
This Order may be cited as the Taxation of Pensions Schemes (Rates, etc) Order 2010 and shall come into force on 24th March 2010.
2
This Order shall have effect for the tax year 2010-11 and subsequent tax years.
Amendment of section 394 of the Income Tax (Earnings and Pensions) Act 2003
2
In section 394(4) (charge on benefit to which this chapter applies) of the Income Tax (Earnings and Pensions) Act 2003 for “40%” substitute “50%”.
Amendment of section 205 of the Finance Act 2004
3
1
Section 205(4) (short service refund lump sum charge) of the Finance Act 2004 is amended as follows.
2
In paragraph (a) for “£10,800” substitute “£20,000”.
3
In paragraph (b) for “40%” substitute “50%”.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd March 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2010 and shall come into force on 21st April 2010.
2
In these Regulations, the “ principal Regulations ” means the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with the following regulations.
3
In regulation 2 (interpretation) —
a
in paragraph (1) —
i
after the definition of “armed forces” insert —
“bank holiday” means a day to be observed as such under section 1 of, and Schedule 1 to, the Banking and Financial Dealings Act 1971 ;
“candidate” means a person submitting, or seeking to submit, to an initial CPC test;
;
ii
in the definition of “test pass certificate”, at the end, add “and in relation to Northern Ireland, means the certificate referred to in regulation 37(1) of the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996 ”;
iii
after the definition of “third country” insert —
“trainer” means a person who provides training or instruction in relation to the initial CPC test;
;
iv
after the definition of “work permit” insert —
“working day” means —
in relation to Great Britain, save for the purposes of regulation 5(5B), (6ZA)(c), (6ZAD) and (6ZAE), a day other than a Saturday, Sunday, bank holiday, Christmas Day or Good Friday;
in relation to Northern Ireland, a day other than a Saturday, Sunday, bank holiday, Christmas Day or Easter Tuesday.
; and
b
in paragraph (2), at the beginning of sub-paragraph (b), insert “save for the purposes of regulation 5A(2A),”.
4
In regulation 5 (initial CPC test) —
a
in paragraph (5A) for “taking” substitute “applying to take”;
b
after paragraph (5A) insert —
5B
Where a person has failed to pass the theoretical test or the practical test (both as referred to in the table at the end of this regulation), no application may be made by, or in respect of, that person for a test of the same part to be conducted on a day which falls before the expiry of a period of three clear working days commencing with the day after that on which that part of the test was failed.
;
c
for paragraph (6) substitute —
6
Subject to paragraph (6ZA), where an initial CPC test is organised by a competent authority, the candidate shall pay to the competent authority the fee specified in the table at the end of this regulation for the part of the test for which an application for an appointment is made.
;
d
after paragraph (6) (as substituted by these Regulations) insert —
6ZA
A trainer may, in respect of a candidate who has received, or will receive, from that trainer, training or instruction in Great Britain in relation to the initial CPC test, apply for an appointment in Great Britain for any part of a test referred to in the table at the end of this regulation if the trainer —
a
pays to the Secretary of State the fee specified in the table for that part of the test;
b
provides such details relating to the trainer’s business in Great Britain, the appointment sought or the vehicle on which the test is to be taken as the Secretary of State may reasonably require; and
c
undertakes to provide the relevant details relating to the candidate no later than 1600 hours on the day before the last clear working day before the day for which the appointment is made.
6ZAB
An application under paragraph (6ZA) may be refused where the appointment specified in that application is unavailable or where, in the opinion of the Secretary of State, it is reasonably necessary to do so in the general interests of candidates in Great Britain.
6ZAC
Where an appointment (“the booked appointment”) for part of a test has been made by or on behalf of a candidate in respect of a particular category of relevant vehicle, no application for a further appointment shall be made for that candidate in relation to that part of the test in respect of that category of relevant vehicle unless —
a
the booked appointment has been cancelled;
b
the part of the test due to take place on the day of the booked appointment does not otherwise take place; or
c
subject to paragraph (5B), the candidate fails to pass the test.
6ZAD
A fee paid pursuant to paragraph (6) may be repaid if notice to cancel the appointment for the part of the test is given to the competent authority not less than three clear working days before the date of the appointment for that part of the test.
6ZAE
A fee paid pursuant to paragraph (6ZA) may be repaid if notice to cancel the appointment for the part of the test is given to the Secretary of State not less than three clear working days before the date of the appointment for that part of the test.
;
e
in paragraph (6A), for “it conducts” substitute “that person is to conduct”;
f
after paragraph (6A) insert —
6ZB
A fee paid pursuant to paragraph (6A) in respect of the practical test may be repaid if the person approved under paragraph (1) gives notice to the competent authority that the appointment for the conduct of that part of the test has been cancelled and the notice was given to the competent authority at any time before the time of the appointment.
;
g
for paragraph (9) substitute —
9
In paragraphs (5B), (6ZA)(c), (6ZAD) and (6ZAE), “working day” means, in Great Britain, a day other than a Sunday, bank holiday, Christmas Day or Good Friday.
.
h
after paragraph (9) (as substituted by these Regulations) add —
10
In paragraph (6ZA) “relevant details”, in relation to a candidate, means the name and such further details relating to —
a
that candidate,
b
the licence that candidate holds,
c
the nature of the test, and
d
the vehicle on which the test is to be taken,
as the Secretary of State may reasonably request upon the making of the appointment for the test.
.
5
In regulation 5A (further requirements at tests: initial CPC test) after paragraph (2) insert —
2A
For the purposes of the conduct of the practical test referred to in the table in regulation 5 the candidate shall provide a relevant vehicle which falls within a category or sub-category shown in column (1) of the table in regulation 37 of the Driving Licences Regulations and which —
a
has a power, mass, size or other specification equivalent to or greater than that shown in column (2) of the table in that regulation 37 in respect of the category or sub-category within which the vehicle falls;
b
is reasonably representative of the category or sub-category to which it belongs and is otherwise suitable for the purposes of the test;
c
complies with each requirement specified in column (1) of the following table where the vehicle is one which falls within the category or sub-category specified in relation to that requirement in column (2) of the table.
Table
(1) Requirement (2) Category or sub-category of vehicle
The vehicle shall not be carrying goods or burden other than fixed items which are characteristic of the category or sub-category to which it belongs. C1, C1+E, C, C+E, D1, D1+E, D, D+E The vehicle shall be fitted with linkage and braking mechanisms which are designed for use when the trailer is fully laden C1+E, C+E, D1+E, D+E The vehicle shall be fitted with an anti-lock braking system and a tachograph C1, C1+E, C, C+E, D1, D1+E, D, D+E The vehicle shall have eight or more forward ratios. C, C+E
6
After regulation 5A insert —
Examiner’s right to refuse to conduct test
5B
1
The examiner must refuse to conduct —
a
the practical test where —
i
the vehicle submitted for that purpose does not fall within the category in respect of which the theoretical test referred to in regulation 5(5A) was passed; or
ii
the candidate fails to comply with regulation 5A(2A);
b
the theoretical test or the practical test where the candidate —
i
fails to comply with regulation 5A(1); or
ii
appears to the examiner to be someone other than the person whose details were provided pursuant to an undertaking under regulation 5(6ZA)(c).
2
The examiner may refuse to conduct the theoretical test or the practical test where a trainer has failed to comply with an undertaking given under regulation 5(6ZA)(c).
3
Any fee paid pursuant to regulation 5(6) or (6ZA)(a) may be repaid where —
a
the examiner refused to conduct the test under paragraph (1)(b)(i) because the candidate did not satisfy the examiner as to the candidate’s identity in accordance with regulation 5A(3) and the candidate subsequently satisfies the competent authority as to the candidate’s identity;
b
the examiner refused to conduct the test under paragraph (1)(b)(ii) and the candidate subsequently appears to the examiner to be the person whose details were provided pursuant to an undertaking under regulation 5(6ZA)(c).
4
In this regulation —
“examiner” means the person approved under regulation 5(1), the person conducting the test on behalf of the person so approved or the person conducting the test on behalf of the competent authority;
“practical test” means the test of that name referred to in the table in regulation 5; and
“theoretical test” means the test of that name referred to in the table in regulation 5.
.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State,
Department for Transport
15th March 2010
We approve the making of these Regulations
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 2010


text:
PART 1 Preliminary
Title, application and commencement
1
These Regulations may be cited as the Materials and Articles in Contact with Food (England) Regulations 2010, apply in relation to England only and come into force on 20th October 2010.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“the 2009 Regulations ” means the Plastic Materials and Articles in Contact with Food (England) Regulations 2009 ;
“ Directive 2002/72/EC ” means Commission Directive 2002/72/ EC relating to plastic materials and articles intended to come into contact with foodstuffs ;
“ Directive 2007/42/EC ” means Commission Directive 2007/42/EC relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs ;
“ Regulation 1935/2004 ” means Regulation (EC) No. 1935/2004 of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/ EEC and 89/109/EEC ;
“ Regulation 2023/2006 ” means Commission Regulation (EC) No. 2023/2006 on good manufacturing practice for materials and articles intended to come into contact with food ;
“ Regulation 450/2009 ” means Commission Regulation (EC) No. 450/2009 on active and intelligent materials and articles intended to come into contact with food ;
“authorised officer” means any person, whether or not an officer of the authority having responsibility for execution and enforcement under regulation 14, who is authorised by that authority in writing to act in matters arising under these Regulations;
“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;
“import” means import in the course of a business from a place other than an EEA State;
“plastics” means those materials and articles to which Directive 2002/72/EC applies;
“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;
“preparation” includes manufacture and any form of treatment or process, and “prepare” shall be construed accordingly;
“regenerated cellulose film” means a thin sheet material obtained from refined cellulose derived from unrecycled wood or cotton, with or without the addition of suitable substances, either in the mass or on one or both surfaces, but does not include synthetic casings of regenerated cellulose; and
“sell” includes offer or expose for sale or have in possession for sale, and “sale” shall be construed accordingly.
2
Expressions used in these Regulations and in Regulation 1935/2004, Regulation 2023/2006 or Regulation 450/2009 bear the same meaning in these Regulations as they bear in those Regulations.
3
Any reference to Regulation 2023/2006 or to an Annex to Directive 2002/72/EC or Directive 2007/42/EC is a reference to that Regulation or that Annex as amended from time to time.
Scope
3
The provisions of these Regulations do not apply to those materials and articles specified in sub-paragraphs (a), (b) and (c) of Article 1(3) of Regulation 1935/2004.
PART 2 General Requirements for Materials and Articles
Offences of contravening specified provisions of Regulation 1935/2004
4
Subject to the transitional provisions contained in Article 27 of Regulation 1935/2004, any person who contravenes any of the following provisions of that Regulation is guilty of an offence —
a
Article 3 (general requirements);
b
Article 4 (special requirements for active and intelligent materials and articles);
c
Article 11(4) and (5) (provisions relating to authorisation at EU level);
d
Article 15(1), (3), (4), (7) and (8) (labelling);
e
Article 16(1) (declaration of compliance); or
f
Article 17(2) (traceability).
Offence of contravening Article 4 of Regulation 2023/2006
5
Any person who fails to comply with the requirements of Article 4 (conformity with good manufacturing practice) of Regulation 2023/2006 is guilty of an offence.
Offences of contravening specified provisions of Regulation 450/2009
6
Subject to the transitional provisions contained in Article 14 of Regulation 450/2009, any person who contravenes any of the following provisions of that Regulation is guilty of an offence —
a
Article 4 (placing on the market of active and intelligent materials and articles);
b
Article 5(1) (list of substances that may be used in active and intelligent components) as read with Article 5(2);
c
Article 9(1) (relating to certain categories of substances not on the authorised list), as read with Article 9(2) and (3);
d
Article 10(1) (relating to a category of substances not on the authorised list), as read with Article 10(2);
e
Article 11(1) and (2) (rules on labelling);
f
Article 12 (requirement for a declaration of compliance); or
g
Article 13 (requirements relating to supporting documentation).
Competent authorities
7
1
The following bodies are designated as the competent authorities for the purposes of the provisions of Regulation 1935/2004 specified below —
a
in respect of Articles 9 and 13, the Food Standards Agency; and
b
in respect of Articles 16(1) and 17(2), the Food Standards Agency and the authority having responsibility for enforcement pursuant to regulation 14(1).
2
The competent authority for the purposes of Article 6(2) and 7(3) of Regulation 2023/2006 is each food authority in its area.
3
The competent authorities for the purposes of Article 13 of Regulation 450/2009 are the Food Standards Agency and the authority having responsibility for enforcement pursuant to regulation 14(1).
PART 3 Requirements for Vinyl Chloride
Limits and migration limits
8
1
Materials and articles which are manufactured with vinyl chloride polymers or copolymers —
a
must not contain vinyl chloride monomer in a quantity exceeding 1 milligram per kilogram of the material or article as measured by the method of analysis specified in regulation 9(1); and
b
must be manufactured in such a way that they do not transfer to foods with which they are in contact any quantity of vinyl chloride exceeding 0.01 milligrams of vinyl chloride per kilogram of food as measured by the method of analysis specified in regulation 9(2).
2
No person may —
a
sell;
b
import; or
c
use in the course of a business in connection with the storage, preparation, packaging, selling or serving of food,
any material or article that does not comply with paragraph (1).
Methods of Analysis
9
1
The method to be used in analysing any sample for the purpose of establishing the quantity of vinyl chloride monomer present in the material or article in order to determine whether it complies with regulation 8(1)(a) is the method specified in the Annex to Commission Directive 80/766/EEC laying down the Community method of analysis for the official control of the vinyl chloride monomer level in materials and articles which are intended to come into contact with foodstuffs .
2
The method to be used in analysing any food for the purpose of establishing the quantity of vinyl chloride present in the food in order to determine whether a material or article which is or has been in contact with the food complies with regulation 8(1)(b) is the method specified in the Annex to Commission Directive 81/432/EEC laying down the Community method of analysis for the official control of vinyl chloride released by materials and articles into foodstuffs .
PART 4 Requirements for Regenerated Cellulose Film
Controls and limits
10
1
This Part applies to regenerated cellulose film which —
a
constitutes a finished product in itself; or
b
is part of a finished product containing other materials,
and is intended to come into contact with food or, by being used for that purpose, does come into contact with food.
2
Except in paragraph (4), any reference in this regulation to Annex II is a reference to Annex II to Directive 2007/42/EC.
3
Subject to paragraph (5) and regulation 12, no person may manufacture any regenerated cellulose film intended to come into contact with food using any substance or group of substances other than the substances named or described —
a
in the first column (denominations) of Annex II (list of substances authorised in the manufacture of regenerated cellulose film) in the case of —
i
uncoated film; or
ii
coated film where the coating is derived from cellulose;
b
in the first column of the First Part (uncoated regenerated cellulose film) of Annex II in the case of film to be coated, where the coating will consist of plastics,
and in each case other than in accordance with the conditions and restrictions specified in the corresponding entry in the second column of the appropriate Part of Annex II, as read with the preamble to that Annex.
4
Subject to regulation 12, no person may manufacture any coating to be applied to film referred to in paragraph (3)(b) using any substance or group of substances other than those listed in Annex II, III or IV to Directive 2002/72/EC and other than in accordance with the appropriate requirements, restrictions and specifications contained in those Annexes and in the 2009 Regulations.
5
Substances other than those listed in Annex II may be used as colourants or adhesives in the manufacture of any film to which paragraph (3)(a) applies, provided that such film is manufactured in such a way that it does not transfer any colourant or adhesive to food in any detectable quantity.
6
Subject to regulation 12 no person may —
a
sell;
b
import; or
c
use in the course of a business in connection with the storage, preparation, packaging, sale or service of food,
any regenerated cellulose film which has been manufactured in contravention of the requirements of paragraphs (3) or (4), or which fails to comply with paragraph (8).
7
No person may, in the course of a business, use in connection with the storage, preparation, packaging, sale or service of food —
a
where the food contains water physically free at the surface, any regenerated cellulose film containing bis(2–hydroxyethyl) ether or ethanediol; or
b
any regenerated cellulose film in such a way that any printed surface of that film comes into contact with the food.
8
Any material or article made of regenerated cellulose film that is not by its nature clearly intended to come into contact with food must, at a marketing stage other than the retail stage, be accompanied by a written declaration attesting that it complies with the legislation applicable to it.
Migration limits for regenerated cellulose film coated with plastics
11
1
Subject to paragraph (2), no person may manufacture or import any material or article made with regenerated cellulose film coated with plastics which —
a
is intended to come into contact with food; and
b
is capable of transferring its constituents to food in quantities exceeding an overall migration limit of 10 milligrams per square decimetre of the surface of the material or article in contact with food.
2
In the case of any material or article made with regenerated cellulose film coated with plastics which —
a
is or is comparable to a container or which can be filled to a capacity of not less than 500 millilitres and not more than 10 litres;
b
can be filled and for which it is impracticable to estimate the surface area in contact with food; or
c
is a cap, gasket, stopper or similar device for sealing,
the overall migration limit shall be 60 milligrams of constituents transferred per kilogram of food.
3
No person may manufacture or import any material or article made with regenerated cellulose film coated with plastics manufactured with any substance listed in Section A or B of Annex II to Directive 2002/72/EC (authorised monomers and other starting substances) which —
a
is intended to come into contact with food; and
b
is capable of transferring its constituents to food in quantities exceeding the specific migration limits set out in column 4 of those Sections as read with the general introduction to that Annex.
4
Where the specific migration limit for a substance mentioned in paragraph (3) is expressed in milligrams per kilogram, in the case of regenerated cellulose film coated with plastics which —
a
is or is comparable to a container or which can be filled to a capacity of less than 500 millilitres or more than 10 litres; or
b
cannot be filled or for which it is impracticable to estimate the relationship between the surface area of the film and the quantity of food in contact with it,
the migration limit shall be divided by the conversion factor of 6 in order to express it in milligrams of constituents transferred per square decimetre of the material or article in contact with food.
5
Subject to paragraph (6), the verification of compliance with migration limits shall be conducted in accordance with the provisions of Schedules 2 and 3 to the 2009 Regulations as read with regulation 13 of those Regulations and for the purposes of this paragraph any reference in those provisions to a plastic material or article shall be construed as a reference to regenerated cellulose film coated with plastic.
6
Paragraph (5) shall not apply in any circumstance to which regulation 9 applies.
Saving provision and transitional defence
12
In any proceedings for an offence of contravening regulation 10(3), (4), (6) or (7), or regulation 11(1) or (3) it shall be a defence to prove that —
a
the act constituting the offence was committed in relation to a material or article made with regenerated cellulose film which was manufactured in or imported into the European Union before 29 th January 2006; and
b
the act constituting the offence would not have constituted an offence under the Materials and Articles in Contact with Food Regulations 1987 as they stood immediately before the coming into force of the Materials and Articles in Contact with Food (England) Regulations 2005 .
PART 5 General
Offences and penalties
13
1
Any person who —
a
contravenes the provisions of regulation 8, 10(3), (4), (6), (7) or (8) or 11(1) or (3);
b
intentionally obstructs any person acting in the execution of Regulation 1935/2004, Regulation 2023/2006, Regulation 450/2009 or these Regulations or, without reasonable excuse, fails to provide any assistance or information that person may reasonably require; or
c
in purported compliance with any requirement mentioned in sub-paragraph (b), knowingly or recklessly supplies information that is false or misleading in any material particular,
is guilty of an offence.
2
Any person guilty of an offence under these Regulations is liable —
a
in the case of an offence mentioned in paragraph (1)(a) or (c) or in regulation 4, 5 or 6 —
i
on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both, or
ii
on summary conviction to a fine not exceeding the statutory maximum or to a term of imprisonment not exceeding 6 months or both; and
b
in the case of an offence mentioned in paragraph (1)(b) on summary conviction to a term of imprisonment not exceeding 3 months or to a fine not exceeding level 5 on the standard scale or both.
3
Nothing in paragraph (1)(b) is to be construed as requiring any person to answer any question or give any information if to do so might incriminate them.
Enforcement
14
1
Each food authority in its area and each port health authority in its district shall execute and enforce —
a
the provisions of Regulation 1935/2004 specified in regulation 4;
b
the provisions of Regulation 450/2009 specified in regulation 6; and
c
except in relation to the provisions referred to paragraph (3), these Regulations.
2
The Food Standards Agency may also execute and enforce the provisions of —
a
Articles 16(1) and 17(2) of Regulation 1935/2004; and
b
Article 13 of Regulation 450/2009.
3
Each food authority in its area shall execute and enforce the provisions of Regulation 2023/2006 specified in regulation 5.
Offences by corporate bodies or Scottish partnerships
15
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person purporting to act in such a capacity,
that individual as well as the body corporate shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.
2
Where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a partner, that partner as well as the partnership shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.
Offences due to the act or default of a third party
16
Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence whether or not proceedings are taken against the first mentioned person.
Time limit for prosecutions
17
No prosecution for an offence under these Regulations shall be begun after the expiry of three years from the commission of the offence or one year from its discovery by the prosecutor, whichever is the earlier.
General defences
18
1
In any proceedings for an offence under these Regulations it shall, subject to paragraph (5), be a defence to prove that the person accused (“the accused”) took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by the accused or by a person under the control of the accused.
2
Without prejudice to the generality of paragraph (1), a person accused of an offence under regulation 4, 6(a) to (f) or 13(1)(a) who did not —
a
prepare the material or article in respect of which the offence is alleged to have been committed; nor
b
import it into the United Kingdom,
shall be taken to have established the defence provided by paragraph (1) if the requirements of paragraphs (3) or (4) are satisfied.
3
The requirements of this paragraph are satisfied if it is proved that —
a
the commission of the offence was due to the act or default of some other person who was not under the control of the accused, or to reliance on information supplied by such a person;
b
either —
i
the accused carried out all such checks of the material or article in question as were reasonable in all the circumstances, or
ii
it was reasonable in all the circumstances for the accused to rely on checks carried out by the person who supplied the accused with that material or article; and
c
the accused did not know and had no reason to suspect at the time the offence was committed that the act or omission would amount to an offence under these Regulations.
4
The requirements of this paragraph are satisfied if the offence is one of sale and it is proved that —
a
the commission of the offence was due to the act or default of some other person who was not under the control of the accused, or to reliance on information supplied by such a person;
b
the sale of which the offence consisted was not a sale under the name or mark of the accused; and
c
the accused did not know and could not reasonably be expected to know at the time the offence was committed that the act or omission would amount to an offence under these Regulations.
5
If in any case the defence provided by this regulation involves the allegation that the commission of the offence was due to the act or default of another person, or to reliance on information supplied by another person, the accused shall not without leave of the court be entitled to rely on that defence unless —
a
at least seven clear days before the hearing; and
b
where he has previously appeared before the court in connection with the alleged offence, within one month of his first such appearance,
the accused has served on the prosecutor a written notice giving such information identifying or assisting in the identification of that other person as was then in the possession of the accused.
Procedure where a sample is to be analysed
19
1
An authorised officer who has procured a sample under section 29 of the Act and who considers it should be analysed shall divide the sample into three parts.
2
If the sample consists of sealed containers and opening them would, in the opinion of the authorised officer, impede a proper analysis, the authorised officer shall divide the sample into parts by putting the containers into three lots, and each lot shall be treated as being a part.
3
The authorised officer shall —
a
if necessary place each part in a suitable container and seal it;
b
mark each part or container;
c
as soon as is reasonably practicable, give one part to the owner and notify the owner in writing that the sample will be analysed;
d
submit one part for analysis in accordance with section 30 of the Act; and
e
retain one part for future submission under regulation 20.
Secondary analysis by the Government Chemist
20
1
Where a sample has been retained under regulation 19 and —
a
proceedings are intended to be or have been commenced against a person for an offence under these Regulations; and
b
the prosecution intends to adduce as evidence the result of the analysis mentioned above,
paragraphs (2) to (7) apply.
2
The authorised officer —
a
may of the officer’s own volition; or
b
shall —
i
if requested by the prosecutor (if a person other than the authorised officer),
ii
if the court so orders, or
iii
(subject to paragraph (6)) if requested by the defendant,
send the retained part of the sample to the Government Chemist for analysis.
3
The Government Chemist shall analyse the part sent under paragraph (2) and send to the authorised officer a certificate specifying the results of the analysis.
4
Any certificate of the results of analysis transmitted by the Government Chemist shall be signed by or on behalf of the Government Chemist, but the analysis may be carried out by any person under the direction of the person who signs the certificate.
5
The authorised officer shall immediately on receipt supply the prosecutor (if a person other than the authorised officer) and the defendant with a copy of the Government Chemist’s certificate of analysis.
6
Where a request is made under paragraph (2)(b)(iii) the authorised officer may give notice in writing to the defendant requesting payment of a fee specified in the notice to defray some or all of the Government Chemist’s charges for performing the functions under paragraph (3), and in the absence of agreement by the defendant to pay the fee specified in the notice the authorised officer may refuse to comply with the request.
7
In this regulation “defendant” includes a prospective defendant.
Application of various provisions of the Act
21
1
The following provisions of the Act 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 2 (extending meaning of “sale” etc );
b
section 30(8) (which relates to documentary evidence).
2
In the application of section 32 of the Act (powers of entry) for the purposes of these Regulations, the reference to the Act in subsection (1) shall be construed as including a reference to Regulation 1935/2004, Regulation 2023/2006 or Regulation 450/2009 as appropriate.
3
The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act shall be construed as including a reference to Regulation 1935/2004, Regulation 2023/2006 or Regulation 450/2009, as appropriate, and to these Regulations —
a
section 3 (presumptions that food intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;
b
section 44 (protection of officers acting in good faith).
Consequential amendment to the Food Safety (Sampling and Qualifications) Regulations 1990
22
In the Food Safety (Sampling and Qualifications) Regulations 1990 , in Schedule 1 (provisions to which those Regulations do not apply) for the title and reference of the Materials and Articles in Contact with Food (England) Regulations 2007 substitute the title and reference of these Regulations.
Consequential amendment to the 2009 Regulations
23
1
The 2009 Regulations are amended in accordance with paragraphs (2) and (3).
2
In regulation 2 (1) (interpretation) omit the definition of “the 2007 Regulations ”.
3
In paragraph (1)(b) of regulation 13 (method of testing the capability of plastic materials or articles to transfer constituents, and methods of analysis), for the expression “regulation 9(2) of the 2007 Regulations” substitute “regulation 9(2) of the Materials and Articles in Contact with Food (England) Regulations 2010”.
Amendment to the Food Labelling Regulations 1996
24
1
The Food Labelling Regulations 1996 are amended in accordance with paragraph (2).
2
In regulation 2(1) (interpretation), for the definition of “ingredient” substitute the following definition —
“ingredient” means —
any substance, including any additive or food enzyme and any constituent of a compound ingredient, which is used in the preparation of a food and which is still present in the finished product, even if in altered form; or
any released active substance within the meaning of Article 3(f) of Commission Regulation (EC) No. 450/2009 on active and intelligent materials and articles intended to come into contact with food,
and a “compound ingredient” shall be composed of two or more such substances;.
.
Revocation
25
The Materials and Articles in Contact with Food (England) Regulations 2007 are revoked.
Signed by authority of the Secretary of State for Health.
Anne Milton
Parliamentary Under-Secretary of State,
Department of Health
6th September 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 2010.
2
Subject to paragraphs (3) and (4), these Regulations come into force on 22nd March 2010.
3
Regulations 3, 4 and 6 to 8, so far as they relate to a person who is subject to a restriction under section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 immediately before 22nd March 2010, come into force on the first day of the first benefit week to commence for that person on or after 22nd March 2010.
4
Regulations 2, 5 and 9 to 11 come into force on 2nd April 2010.
5
In paragraph (3), “benefit week” has the meaning ascribed to that expression in regulation 3(7) of the Social Security (Breach of Community Order) Regulations 2001 .
Amendment of the Social Security (Credits) Regulations 1975
2
In regulation 8A(2)(d) (credits for unemployment) of the Social Security (Credits) Regulations 1975 omit the words “section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 or”.
Amendment of the Jobseeker’s Allowance Regulations 1996
3
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 47(4)(b)(ii) (jobseeking period) omit the words “section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 or”.
3
In regulation 170(1) (persons in receipt of a training allowance) omit the words “or if he would be in receipt of a training allowance if the Social Security (Breach of Community Order) Regulations 2001 did not prevent the payment of a training allowance to him”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
4
1
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended as follows.
2
In regulation 1(3) (citation, commencement and interpretation) omit the definition of “the Breach of Community Order Regulations”.
3
In regulation 3 (revision of decisions) omit paragraph (8A).
4
In regulation 6 (supersession of decisions) omit paragraph (2)(i).
5
In regulation 7 (date from which a decision superseded under section 10 takes effect) omit paragraph (27).
6
In Schedule 2 (decisions against which no appeal lies) omit paragraph 19A and the preceding heading.
Amendment of the Discretionary Financial Assistance Regulations 2001
5
In regulation 3(l) (circumstances in which discretionary housing payments may be made) of the Discretionary Financial Assistance Regulations 2001 omit the words “section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 or”.
Revocation of the Social Security (Breach of Community Order) Regulations 2001
6
The Social Security (Breach of Community Order) Regulations 2001 are revoked.
Amendment of the Social Security (Loss of Benefit) Regulations 2001
7
1
The Social Security (Loss of Benefit) Regulations 2001 are amended as follows.
2
In regulation 3 (reduction of income support and income-related employment and support allowance) —
a
in paragraph (1) for “to (4)” substitute “and (3)”;
b
omit paragraph (4) .
3
In regulation 5(3) (meaning of “person in hardship”) —
a
at the end of sub-paragraph (a) insert “or”;
b
at the end of sub-paragraph (b) for “; or” substitute “.”;
c
omit sub-paragraph (c).
Amendment of the Housing Benefit Regulations 2006
8
In regulation 2(3)(d) (interpretation) of the Housing Benefit Regulations 2006 omit the words “section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 or”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
9
In regulation 2(3)(d) (interpretation) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 omit the words “section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 or”.
Amendment of the Council Tax Benefit Regulations 2006
10
In regulation 2(4)(d) (interpretation) of the Council Tax Benefit Regulations 2006 omit the words “section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 or”.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
11
In regulation 2(4)(d) (interpretation) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 omit the words “section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 or”.
Signed by authority of the Secretary of State for Work and Pensions
Helen Goodman
Parliamentary Under Secretary of State
Department for Work and Pensions
22 February 2010


text:
Title and commencement
1
1
This Order may be cited as the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010.
2
This Order shall come into force on 12th April 2010.
Amendment of Schedule 3: policing and justice matters
2
Schedule 3 to the Northern Ireland Act 1998 (reserved matters) is amended as follows.
Prevention and detection of crime, public order, prisons, policing etc
3
For paragraph 9 substitute —
9
1
The following matters —
a
the subject-matter of the following provisions of the Regulation of Investigatory Powers Act 2000 —
i
Chapter 1 of Part 1, so far as relating to the prevention or detection of serious crime (within the meaning of that Act), and
ii
so far as relating to the prevention or detection of crime (within the meaning of that Act) or the prevention of disorder —
aa
Chapter 2 of Part 1, and
bb
Parts 2 and 3;
b
in relation to the prevention or detection of crime, the subject-matter of Part 3 of the Police Act 1997 ;
c
the operation of —
i
sections 21 to 40 of, and Schedules 3 and 4 to, the Justice and Security (Northern Ireland) Act 2007 , and
ii
section 102 of, and Schedule 12 to, the Terrorism Act 2000 ;
d
in relation to terrorism, the exercise of the Royal prerogative of mercy;
e
the operation of sections 1 to 8 of, and Schedule 1 to, the Justice and Security (Northern Ireland) Act 2007 and the operation of Part 1 of the Criminal Procedure and Investigations Act 1996 where a certificate under section 1 of the 2007 Act has been issued;
f
in relation to the regulation of drugs or other substances through the criminal law (including offences, exceptions to offences, penalties, powers of arrest and detention, prosecutions and the treatment of offenders) or otherwise in relation to the prevention or detection of crime —
i
the subject-matter of the Misuse of Drugs Act 1971 ;
ii
the subject-matter of sections 12 and 13 of the Criminal Justice (International Co-operation) Act 1990 ;
g
the Serious Organised Crime Agency;
h
in relation to prisons, the accommodation of persons in separated conditions on the grounds of security, safety or good order.
2
In sub-paragraph (1)(h) “prisons” includes any institution for the detention of persons because of their involvement, or suspected involvement, in crime.
3
This paragraph does not include any excepted matters or any matter within paragraph 10 of this Schedule.
4
For paragraph 10 substitute —
10
1
The subject-matter of the Public Processions (Northern Ireland) Act 1998 .
2
In relation to the maintenance of public order, the armed forces of the Crown (including the conferring of powers, authorities, privileges or immunities on members of the armed forces for the purposes of the maintenance of public order).
3
This paragraph does not include any matter within paragraph 17 of Schedule 2.
5
For paragraph 11 substitute —
11
The operation of the temporary provisions, as defined in section 47 of the Police (Northern Ireland) Act 2000 .
6
Omit paragraph 11A (co-operation between the Police Service of Northern Ireland and Garda Síochána with respect to certain matters).
Firearms and explosives
7
For paragraph 12 substitute —
12
1
Items for the time being specified in Article 45(1) or (2) of the Firearms (Northern Ireland) Order 2004 ; and the subject-matter of Article 45(10) of that Order.
2
The security of explosives, including —
a
the prevention of loss or theft of explosives,
b
the prevention of the use of explosives for wrongful purposes, and
c
the detection, identification and traceability of explosives.
This sub-paragraph does not include the security of fireworks, or the licensing of shotfirers, or the subject-matter of section 2 of the Explosives Act (Northern Ireland) 1970 .
Justice etc
8
1
Omit paragraph 9A (the Chief Inspector of Criminal Justice in Northern Ireland).
2
Omit paragraph 14A (rights of appeal to the Supreme Court, and legal aid for such appeals).
3
Omit paragraph 15 (matters relating to the courts).
4
Omit paragraph 15A (the Northern Ireland Law Commission).
5
Omit paragraph 17 (the Social Security Commissioners and Child Support Commissioners for Northern Ireland).
Judith Simpson
Clerk of the Privy Council