text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety (Fees) Regulations 2007 and shall come into force on 6th April 2007.
2
In these Regulations —
“approval” includes the amendment of an approval, and “amendment of an approval” includes the issue of a new approval replacing the original incorporating an amendment;
“employment medical adviser” means an employment medical adviser appointed under section 56(1) of the 1974 Act;
“the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to —
mines within the meaning of section 180 of the Mines and Quarries Act 1954 ;
tips and quarries within the meaning of regulations 2(1) and 3 respectively of the Quarries Regulations 1999 ; and
tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969 ;
and includes regulations, rules and orders relating to a particular mine (whether they are continued in force by regulation 7(3) of the Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974 or are health and safety regulations);
“original approval” does not include an amendment of an approval; and
“working days” does not include weekends or public holidays.
3
Any reference in these Regulations to the renewal of an approval, explosives certificate, licence or registration (each referred to in this paragraph as an “authorisation”) means the granting of the authorisation concerned to follow a previous authorisation of the same kind without any amendment or gap in time.
Fees payable under the mines and quarries provisions
2
1
A fee shall be payable by the applicant to the Executive on each application for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.
2
The fee payable under paragraph (1) on application for such approval as is mentioned in column 1 of Part 1 of Schedule 1 shall be respectively that specified in the corresponding entry in column 2, 3 or 4 of that Part.
3
Where the Executive requires testing to be carried out to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant prior to the notification of the result of the application for the approval as described below —
a
in the case of explosives and detonators, for each test specified in column 1 of Part 2 of Schedule 1, the fee shall be that specified in the corresponding entry in column 2 of that Part;
b
in any other case, the fee shall be as set out in Part 3 of Schedule 1 (that is to say the reasonable cost to the Executive of having the testing carried out).
Fees for applications for approval under the Agriculture (Tractor Cabs) Regulations 1974
3
1
A fee shall be payable by the applicant to the Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974 .
2
The fee payable on application for such an approval or revision of an approval as is described in column 1 of Schedule 2 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fee for application for approval under the Freight Containers (Safety Convention) Regulations 1984
4
1
A fee shall be payable by the applicant to the Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984 .
2
The fee payable on application for the approval described in column 1 of Schedule 3 shall be that specified in column 2 of that Schedule.
Fees for various applications under the Control of Asbestos Regulations 2006
5
1
A fee shall be payable by the applicant to the Executive on each application for a licence under the Control of Asbestos Regulations 2006 (“the 2006 Regulations ”).
2
The fee payable on application for a licence described in column 1 of Table 1 in Schedule 4 shall be that specified in column 2 of that Table.
3
Where the Executive refuses to grant an applicant a licence under the 2006 Regulations and offers to reassess whether to grant the application if shortcomings leading to the refusal are remedied, a fee shall be payable by the applicant to the Executive in respect of any such reassessment.
4
The fee payable for the reassessment referred to in paragraph (3) shall be that specified in column 1 of Table 2 in Schedule 4.
5
Where the Executive amends a licence granted under the 2006 Regulations and the amendment relates to a condition or the duration of the licence, a fee shall be payable to the Executive by the licensee.
6
The fee payable under paragraph (5) shall be that specified in column 2 of Table 2 in Schedule 4.
7
Where the Executive replaces a lost licence granted under the 2006 Regulations or amends a licence granted under those Regulations for reasons other than those referred to in paragraph (5), a fee shall be payable to the Executive by the licensee.
8
The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 in Schedule 4.
Fees for examination or surveillance by an employment medical adviser
6
1
A fee shall be payable to the Executive by an employer in respect of a medical examination or medical surveillance of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 5.
2
The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when surveillance is carried out together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 5 —
a
the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
b
the additional fee for X-rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X-rays taken in connection with any one examination;
c
the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination.
3
Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Control of Asbestos Regulations 2006, that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).
Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 2002
7
1
A fee shall be payable to the Executive by an employer in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 2002 .
2
The fee payable for each item described in column 1 of Schedule 6 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for various applications in connection with the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001
8
1
A fee shall be payable by the applicant to the Executive on each application for an approval of dosimetry services, or for the reassessment of an approval of dosimetry services previously granted, for the purposes of the 1999 Regulations .
2
A fee shall be payable by the applicant to the Executive on each application for the type approval of apparatus pursuant to sub-paragraphs 1(c)(i) and 1(d)(i) of Schedule 1 to the 1999 Regulations.
3
The fee payable for approval or reassessment or type approval in respect of each matter described in column 1 of Table 1 in Schedule 7 shall be that specified in the corresponding entry in column 2 of that Table.
4
A fee shall be payable by the applicant to the Executive on each application for an approval of dosimetry services, or for the reassessment of an approval of dosimetry services previously granted, for the purposes of regulation 14 of the Radiation (Emergency Preparedness and Public Information) Regulations 2001 .
5
The fee payable for an application for each purpose specified in column 1 of Table 2 in Schedule 7 shall be that specified in column 2 of that Table.
6
A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its nuclear or other specialist inspectors in connection with any application in respect of which a fee is payable —
a
by virtue of paragraph (1) or (2), or
b
by virtue of paragraph (4)
and the fee for such work in connection with each matter described in column 1 of Tables 1 and 2 in Schedule 7 shall be that specified in the corresponding entry in column 3 of those Tables for each hour worked, adjusted pro rata for a period worked of less than one hour.
7
Where the Executive requires an inspection to be carried out in connection with any application mentioned in this regulation, a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of any member of the Executive’s staff in connection with the inspection.
8
Any fee payable under paragraph (6) or (7) shall be payable prior to notification of the result of the application.
9
In this regulation “the 1999 Regulations” means the Ionising Radiations Regulations 1999 .
Fees payable under the Manufacture and Storage of Explosives Regulations 2005 and certain other provisions concerning explosives, including acetylene, and under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
9
1
Where any application in relation to a provision specified in column 1 of Part 1 of Schedule 8 is made to the Executive, where it is the licensing authority by virtue of paragraphs 1(b) or (c) or 2 of Schedule 1 to the 2005 Regulations , for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Executive, save that, in the case of an application referred to in column 2 of that Part for a licence to manufacture ammonium nitrate blasting intermediate , or to vary any such licence, the fee referred to in column 3 of that Part as an amount per hour worked —
a
shall be adjusted pro rata for a period worked of less than one hour; and
b
shall be payable prior to notification of the result of the application.
2
Where any application in relation to a provision specified in column 1 of Part 2 of Schedule 8 is made to a licensing authority, which is the licensing authority by virtue of paragraph 1(a) of Schedule 1 to the 2005 Regulations, for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to that licensing authority.
3
Where an application in relation to the provision specified in column 1 of Part 3 of Schedule 8 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Executive.
4
The fee payable under each provision specified in column 1 of Part 4 of Schedule 8 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.
5
A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1) or (3) for any purpose specified in column 2 of each of Parts 1 and 3 of Schedule 8 for which there is a corresponding entry in column 4 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 4 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to notification of the result of the application.
6
A fee shall be payable by the applicant to the Executive for each application made for each purpose specified in column 1 of each of Parts 5, 6 and 7 of Schedule 8.
7
The fee for an application for each purpose specified in column 1 of each of Parts 5, 6 and 7 of Schedule 8 —
a
shall be that specified in the corresponding entry in column 2 in the respective Part; and
b
shall be payable on making the application, save that, where in column 2 of Part 7 a part of the fee is determined as an amount per hour worked, that part shall be payable prior to notification of the result of the application and shall be adjusted pro rata for a period worked of less than one hour.
8
A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (6) for any purpose specified in column 1 of each of Parts 5 and 6 of Schedule 8 for which there is a corresponding entry in column 3 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 3 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to notification of the result of the application.
9
A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part 8 of Schedule 8, and the fee for testing in connection with each such purpose shall be the reasonable cost to the Executive of having the work carried out and such fee shall be payable prior to notification of the result of the application.
10
Where any application in relation to the provision specified in column 1 in Table 1 in Part 9 of Schedule 8 is made for a purpose specified in column 2 of that Table, the fee specified in the corresponding entry in column 3 of that Table shall be payable by the applicant to the chief officer of police.
11
Where, in relation to an application for an explosives certificate under the Control of Explosives Regulations 1991 , a check is carried out for the purposes of regulation 4(6)(d) of those Regulations to ascertain whether the applicant is a prohibited person or not, a fee shall be payable by the applicant to the chief officer of police and the fee, which shall be payable prior to that check being carried out, shall be that specified in Table 2 in Part 9 of Schedule 8.
12
Parts 2 and 4 of Schedule 8 shall have effect subject to, respectively, the Notes to Parts 2 and 4.
13
For the purposes of this regulation and Schedule 8 —
a
“the 1968 Act ” means the Firearms Act 1968 ;
b
“the 2005 Regulations” means the Manufacture and Storage of Explosives Regulations 2005 ;
c
“ammonium nitrate blasting intermediate”, “licence”, “licensing authority”, “manufacture”, “on-site mixing”, “registration”, “shooters’ powder” and “site” have the same meanings as in the 2005 Regulations;
d
“chief officer of police”, “explosives certificate” and “prohibited person” have the same meanings as in the Control of Explosives Regulations 1991;
e
“firearm certificate”, “firearms dealer” and “shot gun certificate” have the same meanings as in the 1968 Act;
f
“firearms dealer certificate” means a certificate granted or caused to be granted under section 33(4) of the 1968 Act to a person who is registered as a firearms dealer under that section;
g
“relevant application under the 1968 Act” means an application under the 1968 Act —
i
for a firearm certificate or a shot gun certificate or to be registered as a firearms dealer; or
ii
for the renewal of a firearm certificate, a shot gun certificate or a firearms dealer certificate; and
h
“relevant certificate” means a firearm certificate, a shot gun certificate or a firearms dealer certificate.
Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
10
Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928 or section 1(4) of the Petroleum (Transfer of Licences) Act 1936 the fees in respect of applications for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after the coming into force of these Regulations irrespective of the date of the application for that licence, transfer or renewal.
Fees for application for or changes to an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987
11
1
A fee shall be payable by the applicant to the Executive on each application for an explosives licence, for any alteration in the terms of, or other change to an existing licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 .
2
The fee on an application for each purpose specified in column 1 of Schedule 9 shall be that specified in column 2 of that Schedule and where the fee is determined as an amount per hour worked, the fee, which shall be adjusted pro rata for a period worked of less than one hour, so calculated shall be payable prior to notification of the result of the application.
Estimate of cost of work
12
Where any fee is to be assessed on the reasonable cost to the Executive of carrying out any work or testing under regulation 2(3)(b) or 9(9) or to the licensing authority of carrying out any work pursuant to regulation 9(2), the Executive or, as the case may be, the licensing authority shall on receipt of the application first prepare and send to the applicant an estimate of that cost and shall, before carrying out the work, obtain confirmation from the applicant that he wishes the work to be carried out on the basis of that estimate of cost.
Fees for notifications and applications under the Genetically Modified Organisms (Contained Use) Regulations 2000
13
1
The fee specified in column 2 of Schedule 10 shall be payable by a notifier to the competent authority on each such notification or application under the 2000 Regulations as is referred to in the corresponding entry in column 1 of that Schedule.
2
No fee shall be returned to a notifier where the competent authority returns a notification pursuant to regulation 14(7) of the 2000 Regulations or a notifier withdraws his notification pursuant to regulation 15(6) of the 2000 Regulations.
3
In this regulation, “the 2000 Regulations” means the Genetically Modified Organisms (Contained Use) Regulations 2000 and “competent authority” has the same meaning as in those Regulations.
Fees for notifications and applications under the Notification of New Substances Regulations 1993
14
1
The fee specified in column 2 of Table 1 in Schedule 11 shall be payable by a notifier to the competent authority, within the meaning of the Notification of New Substances Regulations 1993 , on each such notification or application under those Regulations as is referred to in the corresponding entry in column 1 of that Table.
2
In the circumstances described in column 1 of Table 2 in Schedule 11, the fee specified in the corresponding entry in column 2 of that Table shall be payable by the notifier to the Executive in addition to the fee payable under paragraph (1) in respect of the notification concerned.
3
In Schedule 11 —
“the 1982 Regulations ” means the Notification of New Substances Regulations 1982 ;
“the 1993 Regulations ” means the Notification of New Substances Regulations 1993;
“the predecessor Directive” has the same meaning as is given to “the Directive” in the first mentioned Regulations in this paragraph;
“RTP polymer” means a polymer, which word has the same meaning as in the second mentioned Regulations in this paragraph, for which a reduced test package is acceptable pursuant to paragraph C.2 of Part D of Schedule 2 to those second mentioned Regulations; and,
references in that Schedule to “competent authority”, “the Directive”, “member State” and “process-orientated research and development” have the same meanings as in those second mentioned Regulations.
Fees payable in respect of offshore installations
15
1
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 12 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee shall be payable to the Executive by an operator or owner who has prepared a current safety case pursuant to the 2005 Regulations for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or more than one of the following —
a
that operator or owner in relation to the installation to which the current safety case relates; or
b
a contractor in relation to any work carried out by him on or in connection with that installation.
3
For the purposes of this regulation, regulation 17 and Schedule 12, “the 1992 Regulations ” means the Offshore Installations (Safety Case) Regulations 1992 , “the 2005 Regulations” means the Offshore Installations (Safety Case) Regulations 2005 and “installation”, “current safety case”, “safety case”, “operator” and “owner” have the same meanings as in the 2005 Regulations.
Fees payable in respect of gas safety functions
16
1
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 13 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee shall be payable to the Executive by a person conveying gas who has prepared a safety case pursuant to the 1996 Regulations or by a network emergency co-ordinator for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or other or both of the following —
a
that person in relation to the network to which the safety case relates; or
b
a contractor in relation to work carried out by him on or in connection with that network,
insofar as such enforcement is for the purpose of protecting persons from risks arising from the manner in which gas is conveyed or used.
3
In this regulation, regulation 17 and Schedule 13, “the 1996 Regulations” means the Gas Safety (Management) Regulations 1996 , and “network”, “network emergency co-ordinator” and “safety case” have the same meanings as in the 1996 Regulations.
Provisions supplementary to regulations 15 to 16
17
1
The fees referred to in regulations 15 to 16 above shall —
a
not exceed the sum of the costs reasonably incurred by the Executive for the performance of the function referred to in the respective regulation; and
b
be payable within 30 days from the date of the invoice that the Executive has sent or given to the person who is required to pay the fees, and such invoices shall include a statement of the work done and the costs incurred including the period to which the statement relates.
2
Any fees payable under regulations 15 and 16 shall not include any costs connected with any —
a
in England and Wales, criminal investigation or prosecution incurred (in either case) from the date any summons is obtained from a Magistrates’ Court;
b
in Scotland, criminal investigation or prosecution incurred (in either case) after such a time as —
i
the inspector undertaking the investigation submits a report to the Procurator Fiscal for his decision as to whether a prosecution should be brought; or
ii
the Procurator Fiscal intervenes in the investigation,
whichever is the sooner; or
c
appeal pursuant to section 24 of the 1974 Act (appeal against improvement or prohibition notice) and regulation 16(1) and (3)(b) of, and Schedules 1 and 4 to, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 .
3
For the purposes of regulation 15 and paragraph (2)(a) and (b), an installation shall be treated as being in England and Wales if it is in the English area within the meaning of article 1 of the Civil Jurisdiction (Offshore Activities) Order 1987 and in Scotland if it is in the Scottish area within the meaning of that article.
4
Any reference in regulation 15 to a person who has prepared a current safety case includes a reference to —
a
a person who is required to prepare a safety case, and in that connection as if any reference in that regulation to the installation to which the current safety case relates were a reference to the installation to which the safety case would have related if it had been prepared in accordance with such requirement; and
b
a person who is treated as having prepared a current safety case by virtue of regulation 2(9) of the 2005 Regulations.
5
Any reference in regulation 16 to a person who has prepared a safety case includes a reference to a person who is required to prepare a safety case, and in that connection as if any reference in that regulation to the network to which the safety case relates were a reference to the network to which the safety case would have related if it had been prepared in accordance with such requirement.
6
Any reference in regulations 15 and 16 to work carried out by a contractor is a reference to work carried out by the contractor or his employees for the benefit of the person by whom the fees are payable under that regulation, whether pursuant to an agreement or an arrangement he has made with that person or with another person.
7
Any reference in regulations 15 and 16 to a function conferred on an inspector by the 1974 Act which relates to enforcement against a person of any of the relevant statutory provisions includes a reference to any function conferred on an inspector by that Act which is exercised for the purpose of carrying into effect those provisions in relation to that person.
Fees for applications for approvals under the Health and Safety (First-Aid) Regulations 1981
18
1
A fee shall be payable by the applicant to the Executive on each application for an original approval of training or a renewal of an approval of training under regulation 3(2)(a) of the Health and Safety (First-Aid) Regulations 1981 .
2
The fee payable under paragraph (1) shall be —
a
in respect of an application for an original approval, that specified in column 1 of Table 1 in Schedule 14; and
b
in respect of an application for a renewal of an approval, that specified in column 3 of that Table.
3
Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and an additional site-visit for the purpose of reassessment is required, the fee payable shall be that specified in column 2 of Table 1 in Schedule 14.
4
The fee referred to —
a
in paragraph (1) shall be payable on making the application for approval or renewal of an approval of training;
b
in paragraph (3) shall be payable prior to the notification of the result of the application for approval of training.
5
Where the Executive requires a site-visit, not including one for the purpose referred to in paragraph (7), to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee shall be payable to the Executive by the provider of the approved training, except that no such fee shall be payable in respect of the first such site-visit made after the original approval has been given.
6
The fee payable under paragraph (5) shall be that specified in column 1 of Table 2 in Schedule 14 except where the site-visit is required to be carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit, when the fee shall be that specified in column 2 of that Table.
7
Where the Executive requires a site-visit to be made for the purpose of investigating a complaint in relation to training provided pursuant to an approval mentioned in paragraph (1), a fee shall be payable to the Executive by the provider of the training where —
a
the result of the investigation is that the complaint is found to be justified, and
b
the complaint could not be fully investigated during a site-visit made for an additional purpose to that of investigating the complaint, requiring, as a result, a further site-visit.
8
The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 in Schedule 14.
9
Where the date for any site visit referred to in this regulation has been agreed between the training provider and the Executive and —
a
three working days or less before that date the training provider informs the Executive that he wishes to cancel the site-visit agreed for that date, and
b
there is as a result no site-visit on that date,
a fee shall be payable by the training provider to the Executive in respect of that cancelled site-visit.
10
The fee payable under paragraph (9) shall be that specified in column 4 of Table 2 in Schedule 14.
11
The fee referred to in paragraphs (6), (8) and (10) shall be payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.
Fees for applications for approvals under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989
19
1
A fee shall be payable by the applicant to the Executive on each application for an original approval or a renewal of an approval of training under regulation 5(2)(a) of the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 .
2
The fee payable under paragraph (1) shall be —
a
where the application for an original approval of training relates to, as the case may be —
i
rendering first-aid to persons who are injured or become ill while at work (referred to in this regulation as “first-aid training”), or
ii
rendering first-aid to, and treating in accordance with the directions of a registered medical practitioner (who may or may not be present) persons who are injured or become ill while at work, and giving simple advice in connection with the health of persons at work (together referred to in this regulation as “medical training”),
that specified in, respectively, columns 1 and 2 of Table 1 in Schedule 15;
b
in respect of an application for a renewal of approval of, as the case may be, first-aid training or medical training, that specified in, respectively, columns 3 and 4 of that Table.
3
Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and an additional site-visit for the purpose of reassessment is required, the fee payable shall —
a
where the application for approval relates to first-aid training, be that specified in column 1 of Table 2 in Schedule 15, or
b
where the application for approval relates to medical training, be that specified in column 2 of that Table.
4
The fee referred to —
a
in paragraph (1) shall be payable on making the application for approval or renewal of approval of training;
b
in paragraph (3) shall be payable prior to the notification of the result of the application for approval of training.
5
Where the Executive requires a site-visit, not including one for the purpose referred to in paragraph (8), to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee shall be payable to the Executive by the provider of the approved training, except that no such fee shall be payable in respect of the first such site-visit made after the original approval has been given.
6
Subject to paragraph (7), the fee payable under paragraph (5) shall —
a
where the site-visit is in connection with an approval relating to first-aid training, be that specified in column 1 of Table 3 in Schedule 15, or
b
where the site-visit is in connection with an approval relating to medical training, be that specified in column 2 of that Table,
provided that, where the site-visit is in respect of both kinds of approval of training as are referred to in sub-paragraphs (a) and (b) above and takes only one day to complete, the sum of the payable fees specified in columns 1 and 2 of that Table shall be reduced by an amount of £150.
7
The fee payable under paragraph (5) where the site-visit is required to be carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit, shall —
a
where the site-visit is in connection with an approval relating to first-aid training, be that specified in column 3 of Table 3 in Schedule 15, or
b
where the site-visit is in connection with an approval relating to medical training, be that specified in column 4 of that Table.
8
Where the Executive requires a site-visit to be made for the purpose of investigating a complaint in relation to training provided pursuant to an approval mentioned in paragraph (1), a fee shall be payable to the Executive by the provider of the training where —
a
the result of the investigation is that the complaint is found to be justified, and
b
the complaint could not be investigated during a site-visit made for an additional purpose to that of investigating the complaint, requiring, as a result, a further site-visit.
9
The fee payable under paragraph (8) for such a site-visit as is there referred to, whether in connection with first-aid training or medical training provided, shall be that specified in column 1 of Table 4 in Schedule 15.
10
Where the date for any site-visit referred to in this regulation has been agreed between the training provider and the Executive and —
a
three working days or less before that date the training provider informs the Executive that he wishes to cancel the site-visit agreed for that date, and
b
there is as a result no site-visit on that date,
a fee shall be payable by the training provider to the Executive in respect of that cancelled site-visit.
11
The fee payable under paragraph (10) shall —
a
where the site-visit was to have been in connection with an approval of first-aid training, be that specified in column 2 of Table 4 in Schedule 15, or
b
where the site-visit was to have been in connection with an approval of medical training, be that specified in column 3 of that Table, (that is to say the reasonable cost to the Executive due to the cancellation).
12
The fee referred to in paragraphs (6), (7), (9) and (11) shall be payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.
Provisions supplementary to regulations 18 and 19
20
1
Where an application for an original approval of either first-aid training or training for the purposes of regulation 3(2)(a) of the 1981 Regulations is made and the applicant thereafter applies for an original approval of the one of those two kinds of training not earlier applied for or the applications are made together, the Executive shall repay to the applicant the amount of £150 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of medical training, the Executive shall repay to the applicant a further amount of £50 in respect of the fees paid for the original approvals of training applied for.
2
Where an application for an original approval of either first-aid training or training for the purposes of regulation 3(2)(a) of the 1981 Regulations is made and the applicant thereafter or at the same time applies for an original approval of medical training, the Executive shall repay to the applicant the amount of £50 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of the one of the two kinds of training first referred to in this paragraph not earlier applied for, the Executive shall repay to the applicant a further amount of £150 in respect of the fees paid for the original approvals of training applied for.
3
Where an application for an original approval of medical training is made and the applicant thereafter or at the same time applies for an original approval of first-aid training, the Executive shall repay to the applicant the amount of £50 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of training for the purposes of regulation 3(2)(a) of the 1981 Regulations, the Executive shall repay to the applicant a further amount of £150 in respect of the fees paid for the original approvals of training applied for.
4
Where an applicant applies for original approvals of first-aid training, medical training and training for the purposes of regulation 3(2)(a) of the 1981 Regulations at the same time, the Executive shall repay to the applicant the amount of £200 in respect of the fees paid for those applications.
5
In this regulation —
“the 1981 Regulations” means the Health and Safety (First-Aid) Regulations 1981; and
“first-aid training” and “medical training” have the same meanings as in regulation 19.
Revocation
21
The Health and Safety (Fees) Regulations 2006 are revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Bill McKenzie
Parliamentary Under Secretary of State,
Department for Work and Pensions
12th March 2007


type: legislation

jurisdiction: UK

text:
Title, application, commencement and cessation
1
These Regulations —
a
may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (No.5) Regulations 2007;
b
apply in England;
c
come into force at 9.00 p.m. on 16th October 2007; and
d
cease to have effect on 15th November 2007.
Interpretation
2
1
In these Regulations —
“approved” means approved for the purposes of these Regulations in accordance with regulation 3 ;
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
“the Decision” means Commission Decision 2007/554/ EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom ;
“dispatch” means dispatch from a place within Great Britain to a place outside Great Britain and includes consigning for dispatch;
“export” includes consigning for export;
“inspector” means a person appointed as an inspector for the purposes of the Animal Health Act 1981 or the Animals and Animal Products (Import and Export) (England) Regulations 2006 , or a person authorised by the Secretary of State, local authority or Food Standards Agency to be an authorised officer or official veterinary surgeon for the purposes of the Products of Animal Origin (Third Country Imports) (England) Regulations 2006 or the Products of Animal Origin (Import and Export) Regulations 1996 ;
“ HACCP ” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;
“local authority” means —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
where there is a port health authority, that authority;
in a metropolitan district, the council of that district;
in a non-metropolitan county, the county or district council;
in each London borough (except in relation to imported animals) the council of that borough; or
in the City of London, and for all London boroughs in relation to imported animals, the Common Council;
“official veterinarian” means a veterinarian who is qualified in accordance with Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption to act in such a capacity and is appointed by the Food Standards Agency; and
“slaughter”, in relation to an animal, means causing the death of the animal by bleeding.
2
A notice under these Regulations shall be in writing, may be subject to conditions and may be amended or revoked by further notice in writing at any time.
Approvals
3
1
The Secretary of State or a local authority may approve establishments, slaughterhouses or cutting plants for the purposes of these Regulations if they are satisfied that the occupier will comply with the conditions of these Regulations.
2
Any approval shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice at any time, and in particular may be suspended or revoked if the Secretary of State (or in the case of an approval granted by the local authority, that local authority) is reasonably of the opinion that the provisions of these Regulations or any conditions of approval are not being complied with.
Importation of live animals
4
No person may import any live animal of the bovine, ovine, caprine or porcine species or any other biungulate into England from another member State.
Dispatch and movement of live animals
5
1
No person may dispatch any live animal of the bovine, ovine, caprine or porcine species or any other biungulate.
2
By way of derogation from paragraph (1), the Secretary of State may authorise the export of those animals originating outside Great Britain if the animals travelled through Great Britain on main roads and railway lines and the requirements relating to export in paragraph (3) are complied with.
3
No person may export any biungulate animal to another member State unless at least three days before export the Secretary of State has notified that member State; and —
a
in the case of bovine, ovine, caprine or porcine animals, the health certificate accompanying the animals bears the following words —
Animals conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.
; or
b
in the case of any other biungulates, the health certificate accompanying the animals bears the following words —
Live biungulates conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.
.
4
No person may move any biungulate through Great Britain except on main roads or railway lines.
Export of fresh meat, minced meat, mechanically separated meat and meat preparations and sale of meat not eligible for export
6
1
No person may export any meat from animals of the bovine, ovine, caprine or porcine species or other biungulate coming from Great Britain or obtained from animals originating in Great Britain.
2
In this regulation, the reference to “meat” includes fresh meat, minced meat, mechanically separated meat and meat preparations as defined in points 1.10, 1.13, 1.14 and 1.15 of Annex 1 to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin .
3
The prohibition in paragraph (1) does not apply in relation to meat bearing a health mark in accordance with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption , provided that the meat —
a
is clearly identified, and has been transported and stored since the date of production separately from meat from Great Britain not eligible for export; and
b
complies either with —
i
paragraph (4); or
ii
paragraphs (5) and (6).
4
The meat referred to in paragraph (3)(b)(i) must have been —
a
obtained before 15th July 2007; or
b
derived from animals reared for at least 90 days prior to slaughter outside Great Britain and slaughtered outside Great Britain or, in the case of meat obtained from wild game of species susceptible to foot-and-mouth disease, killed outside Great Britain.
5
The meat referred to in paragraph (3)(b)(ii) must be obtained from domestic bovine, ovine, caprine or porcine animals that —
a
were kept for at least the past 90 days on holdings situated within the areas specified in the Schedule, where there has been no outbreak of foot-and-mouth disease for 90 days;
b
during the 30 days prior to transport to the slaughterhouse, remained under the supervision of the Secretary of State on a single holding —
i
situated in the centre of a circle of at least 10 km radius in which there was no outbreak of foot-and-mouth disease during at least the past 30 days; and
ii
where no animal of a species susceptible to foot-and-mouth disease was introduced during the 21 days prior to loading, except in the case of pigs coming from a holding which also meets the conditions set out in sub-paragraph (a), in which case this period is reduced to 7 days;
c
were transported under control of the Secretary of State in means of transport that were cleaned and disinfected before loading from the holding referred to in sub-paragraph (b) directly to the approved slaughterhouse; and
d
were slaughtered less than 24 hours after arrival at the slaughterhouse separately from animals the meat of which is not eligible for export.
6
The meat referred to in paragraph (3)(b)(ii) must also —
a
be obtained in an approved slaughterhouse situated within the areas specified in the Schedule;
b
be at all times clearly identified, handled, stored and transported separately from meat not eligible for export;
c
be inspected, along with the animal from which it derived, post-mortem by an official veterinarian in the slaughterhouse with no clinical signs or evidence of foot-and-mouth disease identified; and
d
remain in the slaughterhouse for at least 24 hours after that post-mortem inspection.
7
If foot-and-mouth disease is identified in a slaughterhouse within the areas specified in the Schedule, the occupier must ensure that —
a
all animals present are slaughtered;
b
all meat and dead animals are removed;
c
the slaughterhouse is cleansed and disinfected; and
d
no meat is prepared for consigning outside the areas listed in the Schedule for 24 hours following completion of the cleansing and disinfection required by sub-paragraph (c).
8
The prohibition in paragraph (1) does not apply in relation to fresh meat obtained from an approved cutting plant situated in Great Britain if —
a
only fresh meat as described in paragraph (3) (b) is processed in the cutting plant in any one day;
b
cleansing and disinfection is carried out after processing any meat not meeting the requirement in sub-paragraph (a);
c
all meat bears the health mark in accordance with Chapter III of Section I to Annex I of Regulation (EC) No 854/2004 ;
d
the cutting plant is operated under strict veterinary control; and
e
the fresh meat is clearly identified, and has been transported and stored separately from meat from Great Britain that is not eligible for export.
9
Any person consigning an animal to a slaughterhouse to produce meat intended for export in accordance with this regulation must provide a written declaration that it complies with each of the conditions contained in sub-paragraphs (5)(a) to (d) and ensure that such declaration accompanies the consigned animal.
10
Meat exported to another member State must be accompanied by an official certificate from an official veterinarian which bears the following words —
Meat conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.
.
11
Meat not eligible for export to another member State must be marked in accordance with the second subparagraph of Article 4(1) of Council Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption , or in accordance with Commission Decision 2001/304/EC on the marking and use of certain animal products .
12
Fresh meat obtained from animals reared outside Great Britain and transported directly and under official control in sealed means of transport to an approved slaughterhouse situated in Great Britain, may be placed on the market in England if —
a
the meat is marked in accordance with the second subparagraph of Article 4(1) of Directive 2002/99/EC or in accordance with Decision 2001/304/EC ;
b
the slaughterhouse is operated under strict veterinary control; and
c
the meat is clearly identified, and has been transported and stored separately from meat from Great Britain that is not eligible for export.
Export of meat products
7
1
No person may export meat products, including treated stomachs, bladders and intestines, of animals of the bovine, ovine, caprine or porcine species or other biungulates coming from Great Britain or prepared using meat obtained from such animals originating in Great Britain.
2
The prohibition in paragraph (1) does not apply to meat products that have been transported and stored since the date of production separately from other meat products from Great Britain that are not eligible for export, provided that the meat products —
a
are clearly identified;
b
bear the health mark in accordance with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004 ; and
c
are made from meats —
i
described in regulation 6(3) (b); or
ii
that have undergone at least one of the relevant treatments laid down for foot-and-mouth disease in Part 1 of Annex III to Directive 2002/99/EC .
3
Meat products exported to another member State must be accompanied by an official certificate which bears the following words —
Meat products (including treated stomachs, bladders and intestines) conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.
.
4
Paragraph (3) does not apply to meat products that comply with paragraph (2) and have been processed in an establishment operating HACCP and an auditable standard operating procedure that ensures that standards for treatment are met and recorded, if compliance with paragraph (2)(c)(ii) is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14.
5
Paragraph (3) does not apply to meat products heat treated in accordance with paragraph (2)(c)(ii) stored in hermetically sealed containers so as to ensure that they are shelf stable, if the heat treatment applied is stated in the commercial document accompanying the consignment.
Export of milk
8
1
No person may export milk produced or prepared in Great Britain.
2
The prohibition in paragraph (1) does not apply to milk produced from animals kept in Great Britain that has been subjected to at least a treatment in accordance with —
a
Part A of Annex IX to Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease , if the milk is intended for human consumption; or
b
Part B of Annex IX to Directive 2003/85/EC , if the milk is not intended for human consumption.
3
The prohibition in paragraph (1) does not apply to milk prepared in an approved establishment situated in Great Britain under the following conditions —
a
all milk used in the establishment has either —
i
been treated in accordance with paragraph (2); or
ii
has been obtained from animals reared and milked outside Great Britain;
b
the establishment must be operated under strict veterinary control;
c
the milk is clearly identified and transported and stored separately from milk and dairy products from Great Britain not eligible for export; and
d
transport of raw milk from holdings situated outside Great Britain to the establishment in Great Britain is carried out in vehicles that were cleansed and disinfected prior to operation and had no subsequent contact with holdings in Great Britain keeping animals of species susceptible to foot-and-mouth disease.
4
Milk exported to another member State must be accompanied by an official certificate which bears the following words —
Milk conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.
.
5
Paragraph (4) does not apply to milk that complies with the requirements of paragraph (2)(a) or (b) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) does not apply to milk that conforms with the requirements of paragraph (2)(a) or (b) and that has been heat treated in hermetically sealed containers so as to ensure that it is shelf stable provided that the commercial document accompanying the consignment states the heat treatment applied.
Export of dairy products
9
1
No person may export dairy products produced or prepared in Great Britain.
2
The prohibition in paragraph (1) does not apply to dairy products —
a
produced before 15th July 2007;
b
prepared from milk complying with the provisions in regulation 8(2) or (3); or
c
for export to a third country where import conditions permit such products to be subject to treatment other than laid down in regulation 8(2) which ensures the inactivation of the foot-and-mouth disease virus.
3
The prohibition in paragraph (1) does not apply to dairy products intended for human consumption —
a
that are finished products, the ingredients of which comply with the respective animal health conditions laid down in these Regulations;
b
produced from milk of a controlled pH less than 7.0 and subject to a heat treatment at a temperature of at least 72°C for at least 15 seconds; or
c
produced from raw milk of bovine, ovine or caprine animals (that have been resident for at least 30 days on a holding situated in Great Britain, and within the centre of a circle of at least 10 km radius where no outbreak of foot-and-mouth disease has occurred during the 30 days prior to the date of production of the raw milk) and which has been subject to a maturation or ripening process of at least 90 days during with the pH is lowered below 6.0 throughout the substance, and the rind of which has been treated with 0.2% citric acid immediately prior to wrapping or packaging.
4
The prohibition in paragraph (1) does not apply to —
a
dairy products prepared in an approved establishment situated in Great Britain if —
i
all milk used in the establishment either conforms to the conditions of regulation 8(2) or is obtained from animals outside Great Britain;
ii
all dairy products used in the final product either conform to the conditions of paragraphs (2)(a) or (b) or (3) of this regulation or are made from milk obtained from animals outside Great Britain;
iii
the establishment is operated under strict veterinary control; and
iv
the dairy products are clearly identified and transported and stored separately from milk and dairy products from Great Britain that are not eligible for export; or
b
dairy products prepared outside Great Britain using milk obtained before 15th July 2007 from Great Britain provided that the milk products are clearly identified and transported and stored separately from dairy products from Great Britain not eligible for export.
5
Dairy products exported to another member State must be accompanied by an official certificate which bears the following words —
Dairy products conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.
.
6
Paragraph (5) does not apply to milk products that comply with the requirements of paragraphs (2)(a) or (b), (3) or (4) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and the dairy products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
7
Paragraph (5) does not apply to dairy products that conform to the requirements of paragraphs (2)(a) or (b), (3) or (4), which have been treated in hermetically sealed containers so as to ensure that they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Export of semen, ova and embryos
10
1
No person may export semen, ova or embryos of animals of the bovine, ovine, caprine or porcine species or other biungulates produced in or brought into Great Britain.
2
The prohibition in paragraph (1) does not apply in relation to —
a
semen, ova or embryos produced before 15th July 2007; or
b
frozen bovine, ovine, caprine or porcine semen or bovine embryos or frozen ovine or caprine embryos imported into the United Kingdom in accordance with the conditions laid down in —
i
Council Directive 88/407/ EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species ;
ii
Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species ;
iii
Council Directive 92/65/EEC laying down the animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules ; or
iv
Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species ,
and which since introduction into the United Kingdom have been stored and transported separately from semen or embryos from Great Britain not eligible for export.
3
The health certificate accompanying frozen bovine semen exported to another member State must bear the following words —
Frozen bovine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom.
.
4
The health certificate accompanying bovine embryos exported to other member States must bear the following words —
Bovine embryos conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom.
.
5
The health certificate accompanying ovine or caprine semen exported to other member States must bear the following words —
Frozen ovine/caprine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.
.
6
The health certificate accompanying ovine or caprine embryos exported to other member States must bear the following words —
Frozen ovine/caprine embryos conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.
.
7
The health certificate accompanying porcine semen exported to other member States must bear the following words —
Frozen porcine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom.
.
Export of hides and skins
11
1
No person may export hides or skins of animals of the bovine, ovine, caprine or porcine species or other biungulates produced in or brought into Great Britain.
2
The prohibition in paragraph (1) does not apply in relation to hides and skins that —
a
were produced before 15th July 2007;
b
conform to the requirements of point (c) or (d) of paragraph 2 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption ; or
c
were produced outside Great Britain in accordance with the conditions laid down in Regulation (EC) No 1774/2002 and since introduction into the United Kingdom have been transported separately from hides or skins from Great Britain not eligible for export,
provided that treated hides or skins are separated from untreated hides and skins.
3
Hides or skins exported to another member State must be accompanied by an official certificate which bears the following words: —
Hides and skins conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom.
.
4
Paragraph (3) does not apply to hides or skins which conform to the requirements of either —
a
points (b) to (e) or paragraph 1 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002 ; or
b
points (c) or (d) of paragraph 2 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002 ,
if compliance with those conditions is stated in the commercial document accompanying the consignment, endorsed (in the case of sub-paragraph (b)) in accordance with regulation 14 4.
Export of animal products
12
1
No person may export animal products of the bovine, ovine, caprine or porcine species or other biungulates not otherwise mentioned in these Regulations —
a
produced after 15th July 2007 in Great Britain; or
b
obtained from animals originating from Great Britain.
2
No person may export dung or manure from animals of the bovine, ovine, caprine or porcine species or other biungulates from Great Britain.
3
The prohibition in paragraph (1) does not apply in relation to —
a
animal products that —
i
have been subject to a heat treatment in a hermetically sealed container with a Fo value of 3,00 or more;
ii
have been subject to a heat treatment in which the centre temperature is raised to at least 70 o C; or
iii
were produced outside Great Britain in accordance with the conditions laid down in Regulation (EC) No 1774/2002 , and which since introduction into the United Kingdom have been stored and transported separately from animal products from Great Britain not eligible for export;
b
blood or blood products —
i
as defined in points 4 and 5 of Annex I to Regulation (EC) No 1774/2002 which have been subjected to at least one of the treatments provided for in paragraph 3(a)(ii) of Part A of Chapter IV of Annex VIII to Regulation (EC) No 1774/2002 , followed by an effectiveness check; or
ii
that have been imported in accordance with Part A of Chapter IV of Annex VIII to Regulation (EC) No 1774/2002 ;
c
lard or rendered fats which have been subjected to the heat treatment prescribed in point 2(d)(iv) of Part B of Chapter IV of Annex VII to Regulation (EC) No. 1774/2002 ;
d
animal casings that comply with the conditions in Part A of Chapter 2 of Annex 1 to Directive 92/118/EC laying down animal health and public requirements governing trade in and imports into the Community of certain products , which have been cleaned, scraped and then either salted, bleached or dried, and where subsequently effective steps were taken to prevent the recontamination of the casings;
e
sheep wool, ruminant hair or pigs’ bristles, any of which has undergone factory washing or has been obtained from tanning;
f
sheep wool, ruminant hair or pigs’ bristles, any of which has been securely enclosed in packaging and is dry;
g
petfood conforming to the requirements of points 2 to 4 of Part B of Chapter II of Annex VIII to Regulation (EC) No 1774/2002 ;
h
composite products which are not subjected to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in these Regulations;
i
game trophies in accordance with points 1, 3 or 4 of Part A of Chapter VII of Annex VIII to Regulation (EC) No 1774/2002 ;
j
packed animal products intended for use as in-vitro diagnostic or laboratory reagents; or
k
medicinal products as defined in Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to medicinal products for human use , non-viable medical devices as defined in Article 1(5)(g) of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices , veterinary medicinal products as defined in Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to veterinary medicinal products and investigational medicinal products as defined in Directive 2001/20/EC of the European Parliament and of the Council of 4 April 2001 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the conduct of clinical trials on medicinal products for human use .
4
The animal products referred to in paragraph (3) for export to other member States must be accompanied by an official certificate which bears the following words —
Animal products conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.
.
5
Paragraph (4) does not apply to products specified in paragraph (3)(a) to (d) or (g) that are accompanied by a commercial document stating that the products comply with the relevant requirements of paragraph 3(a) to (d) or (g) which is endorsed in accordance with regulation 14 .
6
Paragraph (4) does not apply to products specified in paragraph (3)(e) or (f) that are accompanied by a commercial document stating —
a
that the products have undergone factory washing or have been obtained from tanning; or
b
that the products comply with the conditions laid down in points 1 and 4 of Part A of Chapter VIII of Annex VIII to Regulation (EC) No 1774/2002 .
7
Paragraph (4) does not apply to products specified in paragraph (3)(h) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the requirements of these Regulations and they have a commercial document endorsed in accordance with regulation 14.
8
Paragraph (4) does not apply to products specified in paragraph (3)(j) or (k) if they are accompanied by a commercial document stating that the products are for use as in-vitro diagnostic or laboratory reagents or medical products or medical devices, provided that the products are clearly labelled “for in-vitro diagnostic use only” or “for laboratory use only” or as “medical products” or as “medical devices”.
9
Paragraph (4) does not apply to composite products that fulfil the conditions set out in Article 6(1) of Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts if they are accompanied by a commercial document which bears the following words:
These composite products are shelf stable at ambient temperatures or have clearly undergone in their manufacture a complete cooking or heat treatment process throughout their substance so that any raw material is de-natured.
.
Exemptions
13
The prohibitions in regulations 7 , 8 , 9 and 12 do not apply in relation to —
a
products not produced in the United Kingdom and which remain in their original packaging indicating the country of origin of the products; and
b
products that are —
i
produced in an approved establishment in Great Britain from pre-processed products originating outside Great Britain which, since introduction into the United Kingdom have been transported, stored and processed separately from products from Great Britain not eligible for export; and
ii
accompanied by a commercial document or official certificate as required by these Regulations.
Endorsement of commercial documents
14
1
Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate stating that —
a
the products concerned have been produced —
i
in a production process that has been audited and found to be in compliance with the appropriate requirements in Community animal health legislation and suitable to destroy the foot-and-mouth disease virus; or
ii
from pre-processed materials that have been certified accordingly; and
b
provisions are in place to avoid possible recontamination with the foot-and-mouth disease virus after treatment.
2
The certificate must bear a reference to the Decision, is valid for 30 days, must state the expiry date and is renewable after inspection of the establishment.
3
In the case of products for retail sale to the final consumer, a consolidated consignment other than fresh meat, minced meat, mechanically separated meat or meat preparations, each of which is eligible for export in accordance with these Regulations, may be exported from an approved establishment accompanied by a commercial document endorsed by the attachment of a copy of an official veterinary certificate that —
a
confirms that the establishment of export has in place a system to ensure that goods can only be exported if they are traceable to documentary evidence of compliance with these Regulations;
b
confirms that this system has been audited and found satisfactory;
c
refers to the Decision;
d
is valid for 30 days;
e
states the expiry date; and
f
is renewable only after the establishment had been audited with satisfactory results.
Personal exports
15
No person travelling out of England may take with them in their personal luggage or on any other non-commercial basis any product to which these Regulations apply.
Offers to dispatch or export
16
No person may offer to dispatch or export, or accept orders for the dispatch or export of, anything prohibited from being dispatched or exported by these Regulations, whether on the internet or otherwise.
Powers of inspectors
17
1
An inspector may, on producing, if required to do so, some duly authenticated document showing his authority, at all reasonable hours enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector may carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may —
a
detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations and intended for export for as long as is reasonably necessary to determine whether the consignment complies with the conditions for export;
b
search any premises;
c
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
d
examine documentary or data processing material relevant to the checks carried out under these Regulations, including any import or export manifest; and
e
take with him a representative of the European Commission acting for the purposes of the Decision.
Powers of officers of Revenue and Customs
18
An officer of Revenue and Customs may detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.
Illegal consignments of products
19
1
This regulation has effect when an inspector, on reasonable grounds, suspects that anything other than live animals is intended to be exported in contravention of these Regulations.
2
The inspector may seize it and remove it in order to have it dealt with by a justice of the peace.
3
If he seizes it he must inform the person appearing to him to be in charge of the consignment of his intention to have it dealt with by a justice of the peace, and —
a
any person who might be liable for prosecution under these Regulations in relation to the export shall, if he attends before the justice of the peace by whom the matter falls to be dealt with, be entitled to be heard and to call witnesses; and
b
the justice of the peace may, but need not, be a member of the court before which any person is charged with an offence under these Regulations in relation to that consignment.
4
If it appears to a justice of the peace that there was an intention to export the consignment in contravention of these Regulations he must, unless he is satisfied that the consignment can be returned to the owner without risk of a further attempt to export it in contravention of these Regulations, order that the consignment shall be destroyed or otherwise disposed of so as to prevent it from being despatched.
5
When under the preceding paragraph a justice of the peace is satisfied that there was an intention to export a consignment in breach of these Regulations, the owner, the consignor and the consignee are jointly and severally liable for the costs reasonably incurred in its removal to storage, its storage and its destruction or disposal.
Obstruction
20
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purposes of his functions under these Regulations; or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
Offences by bodies corporate
21
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
For the purposes of this regulation, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
22
A person contravening any provision of these Regulations is guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Authorisations, certificates, etc. issued in another part of the United Kingdom
23
1
Where these Regulations require any authorisation, certificate or approval to be issued or granted by the Secretary of State in England, an equivalent document issued in another part of the United Kingdom by the relevant competent authority is valid.
2
Where these Regulations require anything to be done in approved establishments or cutting plants in England, anything done in premises approved for those purposes in another part of the United Kingdom shall be treated as if it had been processed in approved premises in England.
Sharing information
24
1
The Secretary of State, the Commissioners and any local authority may exchange information for the purposes of these Regulations, and may divulge information to the enforcement authorities in another part of the British Islands.
2
Paragraph (1) is without prejudice to any other power of the Secretary of State, the Commissioners or any local authority to disclose information.
3
No person, including a servant of the Crown, may disclose any information received from the Commissioners under paragraph (1) if —
a
the information relates to a person whose identity —
i
is specified in the disclosure; or
ii
can be deduced from the disclosure;
b
the disclosure is for a purpose other than the purposes of these Regulations; and
c
the Commissioners have not given their prior consent to the disclosure.
Enforcement
25
These Regulations shall be enforced by the Secretary of State or the local authority.
Revocations
26
The Import and Export Restrictions (Foot-And-Mouth Disease) (No.4) Regulations 2007 are revoked.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
7.00 p.m. on 16th October 2007


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Insurance Companies (Taxation of Reinsurance Business) (Amendment) Regulations 2007 and shall come into force on 13th August 2007.
2
Regulations 3 and 5 to 8 have effect in relation to periods of account beginning on or after 1st January 2007 and ending on or after the date on which these Regulations come into force.
3
Regulation 4 has effect in relation to periods of account ending on or after 31st January 2005.
Amendments to the Insurance Companies (Taxation of Reinsurance Business) Regulations 1995
2
The Insurance Companies (Taxation of Reinsurance Business) Regulations 1995 are amended as follows.
Amendment of regulation 2
3
In regulation 2 (interpretation) —
a
for the definition of “ EEA Agreement” and the definition of “EEA State” substitute —
“EEA Agreement” and “EEA State” have the meanings given in Schedule 1 to the Interpretation Act 1978 ;
,
b
for the definition of “internal linked fund” substitute —
“internal linked fund” has the meaning given by section 431(2) of the Taxes Act;
, and
c
in the definition of “section 439A”, for “439A” (in both places) substitute “431G”.
Amendment of regulations 4 and 5
4
In each of the following places, for “12(4)” substitute “9(3)” —
a
regulation 4 (calculation of investment return in first accounting period), in the definition of C, and
b
regulation 5(1) (calculation of investment return in second and subsequent accounting periods other than final accounting period), in the definition of C n .
Amendment of regulation 7A
5
In regulation 7A (treatment of amounts of investment return which are less than zero) , at the end add —
5
Where section 442A of the Taxes Act applies to the life or endowment business carried on by friendly societies subject to the modification prescribed by regulation 19 of the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 2005 , this regulation shall have effect as if the reference in paragraph (2)(a)(ii) above to basic life assurance and general annuity business were a reference to taxable basic life assurance and general annuity business (within the meaning given by section 431(2) of the Taxes Act as modified by regulation 6 of those regulations).
Amendment of regulation 11
6
In regulation 11 (exclusion of certain business from section 431C), in paragraph (c)(ii), after “1st November 1994” insert “and before the first accounting period of the company to begin on or after 1st January 2007”.
Amendment of regulation 11A
7
1
Regulation 11A (election for certain business to be excluded from section 431C) is amended as follows.
2
In paragraph (2)(a) after “the Taxes Act” insert “(as it has effect before the substitution made by paragraph 9(2) of Schedule 7 to the Finance Act 2007)”.
3
Insert at the end —
11
An election made by a company under this regulation ceases to have effect at the end of the accounting period immediately preceding the first accounting period of the company which begins on or after 1st January 2007.
Amendment of regulation 12
8
1
In regulation 12 (exclusion of certain insurance business from section 439A), for “section 439A” substitute “subsection (3) of section 431G”.
2
The heading accordingly becomes “Exclusion of certain reinsurance business from subsection (3) of section 431G”.
Mike Eland
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
20th July 2007


text:
Citation and commencement
1
This Order may be cited as the Local Government (Best Value Authorities) (Power to Trade) (England) (Amendment) Order 2007 and shall come into force on 1st April 2007.
Amendment of the Local Government (Best Value Authorities) (Power to Trade) (England) Order 2004
2
The Local Government (Best Value Authorities) (Power to Trade) (England) Order 2004 is amended as follows.
Fire and rescue Authorities
3
1
In the entry for Devon Fire Authority in the Schedule (fire and rescue authorities to which article 4 applies and services that may be provided for a commercial purpose), for “Devon Fire Authority” substitute “Devon and Somerset Fire and Rescue Authority”.
2
In the Schedule omit the entry for Somerset County Council.
Signed by authority of the Secretary of State for Communities and Local Government
Angela Smith
Parliamentary Under Secretary of State
Department for Communities and Local Government
8th February 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Primary Care Trusts (Establishment and Dissolution) (England) Amendment (No.3) Order 2007 and shall come into force on 13th December 2007.
2
In this Order, “ the Order ” means the Primary Care Trusts (Establishment and Dissolution) (England) Order 2006 .
Change of name of Primary Care Trusts and transitional provision
2
1
In Schedules 1, 2 and 3 to the Order, in each place where the name of a Primary Care Trust listed in the Schedule appears, before “Primary Care Trust” insert “Teaching”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the Primary Care Trust by its previous name,
and all instruments and other documents which refer to the Primary Care Trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Ann Keen
Parliamentary Under Secretary of State
Department of Health
3rd December 2007


text:
Citation
1
This Order may be cited as the Finance Act 2006 (Section 94(5)) (PAYE: Retrospective Notional Payments — Appointment of Substituted Date) Order 2007.
Appointment of substituted date for the purposes of Finance Act 2006. s. 94(5)
2
6th April 2007 is appointed as the date substituted, in place of that on which the Finance Act 2006 was passed, for the purposes of the provisions specified in section 94(5) of that Act.
Paul Gray
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
28th March 2007


text:
Citation
1
This Order may be cited as the Bolton Muslim Girls School (Designation as having a Religious Character) Order 2007.
Designation of School
2
1
The Bolton Muslim Girls School, Swan Lane, Bolton, Lancashire, BL3 6TQ, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religion 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 Muslim.
Julian Butcher
A Divisional Manager in the
Department for Children, Schools and Families
10th July 2007


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Public Service Vehicles (Registration of Local Services) (Amendment) (England and Wales) Regulations 2007 and shall come into force on 1st April 2007.
2
These regulations extend to England and Wales
Amendment of the principal Regulations
3
1
The Public Service Vehicles (Registration of Local Services) Regulations 1986 are amended as follows.
2
In regulations 12(1)(a) and 12(2)(a) for “£11” substitute “£12”.
3
In regulations 12(1)(b) and 12(2)(b) for “£51” substitute “£54”.
Signed by authority of the Secretary of State for Transport
S.J. Ladyman
Minister of State
Department for Transport
6th March 2007


text:
Citation and commencement
1
This Order may be cited as the Humber Bridge (Debts) Order 2007 and shall come into force on 18th July 2007.
Waiver of Debts
2
1
The sums specified in paragraph (2) below which would but for the provisions of this Order otherwise be payable to the Secretary of State for Transport shall cease to be payable.
2
The sums referred to in paragraph (1) are the amounts of interest due to the Secretary of State under the terms of agreements dated 29th March 1972, 1st July 1998 and 19th June 2007 made between him and the Humber Bridge Board pursuant to section 5(3) of the Humber Bridge Act 1971 , as more particularly described in the Schedule.
Signed by the authority of the Secretary of State for Transport
S.J. Ladyman
Minister of State
Department for Transport
21st June 2007
We consent
K.. Brennan
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
25th June 2007


text:
1
This Order may be cited as the A446 Trunk Road (Bassetts Pole, Staffordshire to M6 Junction 4, Coleshill, Warwickshire) (Detrunking) Order 2007 and shall come into force on 28th January 2008.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the folio numbered HA 10/OD/487 consisting of 1 sheet and marked “The A446 Trunk Road (Bassetts Pole, Staffordshire to M6 Junction 4, Coleshill, Warwickshire) (Detrunking) Order 2007” signed by the authority of the Secretary of State for Transport and deposited at the ODPM –DfT Records Management Branch, Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the A446 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 principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport
Graham Bowskill
A Divisional Director Highways Agency
26th November 2007


text:
Citation, commencement and effect
1
1
This Order may be cited as the Income Tax Act 2007 (Amendment) Order 2007 and shall come into force on 6th April 2007.
2
This Order has effect —
a
for income tax purposes, for the tax year 2007-08 and subsequent tax years, and
b
for corporation tax purposes, for accounting periods ending after 5th April 2007.
Amendments to Schedule 2 to the Income Tax Act 2007
2
1
Schedule 2 to the Income Tax Act 2007 (transitionals and savings) is amended as follows.
2
In paragraph 38 (qualifying trading companies) —
a
in sub-paragraph (2), in the substituted subsection (3)(b), for “at that time and has not since” substitute “at that time and has not before”, and
b
in sub-paragraph (4) omit “on or”.
3
In paragraph 46 (the unquoted status requirement), in sub-paragraphs (2)(a) and (3)(a), omit “on or”.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
21st March 2007


text:
PART 1 GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Commission for Social Care Inspection (Fees and Frequency of Inspections) Regulations 2007 and shall come into force on 1st April 2007.
2
These Regulations apply in relation to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Care Standards Act 2000 or that Act as applied by the Care Standards Act 2000 (Extension of the Application of Part 2 to Adult Placement Schemes) (England) Regulations 2004 ;
“the 1957 Act ” means the Nurses Agencies Act 1957 ;
“the 1984 Act ” means the Registered Homes Act 1984 ;
“adult placement scheme” has the same meaning as in the Adult Placement Schemes (England) Regulations 2004 ;
“ agency ” means a domiciliary care agency or a nurses agency;
“approved place” means a bed provided for the use of a service user at night;
“ certificate ” means a certificate of registration;
“existing provider” means —
a person who immediately before 1st April 2002 was registered under —
Part 1 of the 1984 Act in respect of a residential care home, or
Part 2 of the 1984 Act in respect of a nursing home or mental nursing home; or
a nurses agency provider;
“new provider” means a person who —
carries on an agency, and first carried on that agency on or after 1st April 2003; or
carries on a care home and first carried on that home on or after 1st April 2002;
“nurses agency provider” means a person —
who, immediately before 1st April 2003, carried on an agency for the supply of nurses within the meaning of the 1957 Act; and
was the holder of —
a valid licence which had been granted to him by a local authority under section 2 of that Act and which authorised him to carry on that agency from premises specified in the licence, or
a licence which would have ceased to be valid on 31st December 2002 by virtue of section 2(6) of the 1957 Act, but which continued to be treated as valid by virtue of article 4 of the Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No.2) (England) Order 2002 (“the relevant order”);
“previously exempt provider” means a provider who, immediately before 1st April 2002, carried on a care home other than a residential care home, nursing home or mental nursing home in respect of which a person was required to be registered under Part 1 or 2 of the 1984 Act;
“registered manager” in relation to a care home, agency or adult placement scheme means a person who is registered under Part 2 of the Act as the manager of the care home, agency or adult placement scheme;
“registered person” means any person who is the registered provider or registered manager in respect of a care home, agency or adult placement scheme;
“registered provider” in relation to a care home, agency or adult placement scheme means a person who is registered under Part 2 of the Act as the person carrying on the care home, agency or adult placement scheme;
“service user” means —
any person who is to be provided with accommodation or services in a care home, or by an agency, but excludes registered persons or persons employed or intended to be employed in a care home or by an agency, and their relatives; or
in relation to an adult placement scheme, an adult who is or may be placed by the provider of a scheme;
“small agency” means an agency where no more than two members of staff, including registered persons but excluding someone employed solely as a receptionist, are employed at any one time;
“small care home” means a care home which has less than four approved places;
“small scheme” means an adult placement scheme carried on by a registered provider who —
employs no more than two members of staff, including registered persons, at any one time; and
has entered into carer agreements with no more than 50 adult placement carers at any one time.
PART 2 FEES
Registration fees
3
1
For the purposes of section 12(2) of the Act, and subject to paragraph (2), the fee to accompany —
a
an application by a person seeking to be registered under Part 2 of the Act as a person who carries on a care home or an adult placement scheme shall be £2,186; and
b
an application by a person seeking to be registered under Part 2 of the Act as a person who carries on an agency shall be £1,822.
2
Where the care home is a small care home, the agency is a small agency or the adult placement scheme is a small scheme, the fee shall be —
a
in the case of an application referred to in paragraph (1)(a), £596; and
b
in the case of an application referred to in paragraph (1)(b), £497.
3
For the purposes of section 12(2) of the Act, the fee to accompany an application by a person seeking to be registered under Part 2 of the Act as a person who manages a care home, agency or adult placement scheme, other than a small care home, small agency or small scheme, shall be —
a
in respect of a care home, £596;
b
in respect of an agency, £497.
Variation fees
4
1
For the purposes of section 15(3) of the Act, the fee to accompany an application by the registered provider under section 15(1)(a) of the Act (“the variation fee”) shall, subject to paragraphs (2) and (3), be —
a
in respect of a care home or an adult placement scheme, £1,093;
b
in respect of an agency, £911.
2
Where the care home is a small care home, the agency is a small agency or the adult placement scheme is a small scheme, the fee shall be —
a
in the case of an application referred to in paragraph (1)(a), £596;
b
in the case of an application referred to in paragraph (1)(b), £497.
3
In a case where the variation of a condition is a minor variation, the variation fee shall be —
a
in the case of an application referred to in paragraph (1)(a), £99; and
b
in the case of an application referred to in paragraph (1)(b), £83.
4
For the purposes of paragraph (3) a “minor variation” is a variation which, in the opinion of the CSCI , if the application for the variation of the condition were granted, would involve no material alteration in the register kept by the CSCI in accordance with regulations made under section 11(4) of the Act.
Annual fees
5
1
Subject to paragraphs (2) to (4), the registered provider, in respect of a care home, agency or adult placement scheme specified in column (1) of the Table below shall pay an annual fee and —
a
the amount of the annual fee shall be —
i
in the case of an agency or adult placement scheme, the amount specified in column (2); or
ii
in the case of a care home, the sum of the amount specified in column (2) and the amount specified in column (3) multiplied by the number of approved places at the care home concerned; and
b
shall be payable for the year beginning 1st April 2007 and subsequent years in accordance with column (4).
Column (1)
Care home, agency or adult placement scheme
Column (2)
Flat rate payable in all cases
Column (3)
Rate payable for each approved place
Column (4)
Annual fee due
(a) Care home £297 £99 (a) in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act; (b) in the case of a previously exempt provider, each year on 1st April; and (c) in the case of a new provider — (i) if the certificate was issued before 1st April 2007, each year on the anniversary of the date of issue; (ii) otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date. (b) Domiciliary care agency £1,242 (a) if the certificate was issued — (i) before 1st April 2003, each year on 1st April, or (ii) on or after 1st April 2003 and before 1st April 2007, each year on the anniversary of the date on which the certificate was issued; or (b) otherwise, on the date on which the certificate is issued and thereafter on the anniversary of that date. (c) Nurses agency £828 (a) in the case of an existing provider — (i) where the licence under the 1957 Act was granted to the provider by the local authority between 1st January 2002 and 31st March 2002, on the anniversary first occurring after 1st April 2007 of the date on which the licence was granted, and thereafter on the anniversary of that date; (ii) where the licence under the 1957 Act was granted to the provider by the local authority on or after 1st April 2002 but before 1st April 2003, on the anniversary first occurring on or after 1st April 2007 of the date on which the licence was granted, and thereafter on the anniversary of that date; (iii) whose licence under the 1957 Act continued to be treated as valid after 31st December 2002 by virtue of article 4(1)(a) of the relevant order, on the anniversary first occurring on or after 1st April 2007 of the date on which the fee payable in relation to the making of an application for a licence under the 1957 Act was last paid, and thereafter on the anniversary of that date; (iv) whose licence under the 1957 Act continued to be treated as valid after 31st December 2002 by virtue of article 4(1)(b) of the relevant order — (aa) where the licence was granted to the provider by the local authority on or after 1st January 2001 but before 1st April 2001, on the anniversary first occurring after 1st April 2007 of the date on which the licence was granted, and thereafter on the anniversary of that date; (bb) where the licence was granted to the provider by the local authority on or after 1st April 2001 but before 1st January 2002, on the anniversary first occurring on or after 1st April 2007 of the date on which the fee payable in relation to the making of an application for a licence under the 1957 Act was last paid, and thereafter on the anniversary of that date; and (b) in the case of a new provider — (i) where the certificate was issued on or after 1st April 2003 and before 1st April 2007, each year on the anniversary of the date on which the certificate was issued, or (ii) otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date. (d) Adult placement scheme £1,987 (a) in the case of a certificate issued before 1st April 2007, on the anniversary of the date on which the certificate was issued; or (b) otherwise, on the date on which the certificate is issued and thereafter on the anniversary of that date.
2
In the case of a care home which is a small care home, the annual fee shall be £199.
3
In the case of an agency which is a small agency, the annual fee payable shall be 50 per cent. of the flat rate specified in column (2).
4
In the case of an adult placement scheme which is a small scheme, the annual fee shall be £994.
PART 3 FREQUENCY OF INSPECTIONS
Frequency of inspections
6
1
The CSCI shall arrange for premises which are used for the purposes of a care home, agency or an adult placement scheme to be inspected a minimum of once in every three year period.
2
Any inspection referred to in paragraph (1) may be unannounced.
3
In this regulation, “three year period” means a period commencing on 1st April in any year and ending on 31st March in the third year following.
PART 4 REVOCATIONS
Revocations
7
The Regulations set out in the Schedule are revoked to the extent there specified.
Signed by authority of the Secretary of State for Health
Mr Ivan Lewis
Parliamentary Under Secretary of State
Department of Health
26th February 2007