text:
PART 1
General
Title, extent and commencement
1
1
This Order may be cited as the Non-Commercial Movement of Pet Animals Order 2011.
2
It extends to Great Britain.
3
It comes into force on 1st January 2012.
Interpretation
2
1
In this Order —
“the appropriate authority” means —
in relation to England, the Secretary of State,
in relation to Scotland, the Scottish Ministers,
in relation to Wales, the Welsh Ministers;
“carrier” means any undertaking carrying goods or passengers for hire by land, sea or air;
“Decision 2003/459/EC ” means Commission Decision 2003/459/EC on certain protection measures with regard to monkey pox virus ;
“Decision 2006/146/EC ” means Commission Decision 2006/146/EC on certain protection measures with regard to certain fruit bats, dogs and cats coming from Malaysia (Peninsula) and Australia ;
“Decision 2007/25/EC ” means Commission Decision 2007/25/EC as regards certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds accompanying their owners into the Community;
“health certificate” means a certificate issued in accordance with Article 8(2) of the Pets Regulation;
“local authority” has the meaning given in article 3 ;
“pet bird” has the same meaning as in Decision 2007/25/EC ;
“the Pets Regulation” means Regulation (EC) No 998/2003 of the European Parliament and of the Council on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC ;
“the supplementary Regulation” means Commission Delegated Regulation (EU) No 1152/2011 supplementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards preventive health measures for the control of Echinococcus multilocularis infection in dogs .
2
Terms and expressions used in this Order and in the Pets Regulation have the same meaning as in the Pets Regulation.
3
In this Order —
a
any reference to Decision 2007/25/EC is a reference to that Decision as amended from time to time, and
b
any reference to Annex I or II to the Pets Regulation is a reference to that Annex to that Regulation as amended from time to time.
Meaning of local authority
3
1
In England, “local authority” means —
a
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority, that authority,
b
where there is not a unitary authority —
i
in a metropolitan district, the council of that district,
ii
in a non-metropolitan county, the council of that county,
iii
in a London borough, the council of that borough,
c
in the City of London, the Common Council, or
d
in the Isles of Scilly, the Council.
2
In Scotland, “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 .
3
In Wales, “local authority” means a county council or a county borough council.
Designation
4
1
The appropriate authority —
a
is the competent authority for the purposes of Article 5(1)(b) of the Pets Regulation, and
b
acts as the member State for the purposes of Article 1(1) of Decision 2007/25/EC .
2
The appropriate authority and the local authority are the competent authorities for the purposes of —
a
Article 12 of the Pets Regulation, and
b
Article 2(1) of Decision 2007/25/EC .
PART 2
Controls on diseases
Controls on rabies and certain other diseases of mammals
5
1
The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 does not apply to the landing of a pet animal in Great Britain which —
a
is an animal of a species listed in Part A or B of Annex I to the Pets Regulation and is brought into Great Britain on a carrier approved in accordance with article 11 (unless article 11(2) applies) and satisfies —
i
the requirement in respect of rabies in article 6 ,
ii
the requirement in respect of Nipah disease in article 7 (where applicable),
iii
the requirement in respect of Hendra disease in article 8 (where applicable), and
iv
the requirement in respect of Echinococcus multilocularis in article 9 (where applicable),
b
is brought into Great Britain from Northern Ireland, the Channel Islands or the Isle of Man, or
c
is an animal of a species listed in Part C of Annex I to the Pets Regulation and is brought into Great Britain from another member State or a territory listed in Part B of Annex II to the Pets Regulation.
2
But the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 does apply to the importation into Great Britain of a pet animal which is —
a
a prairie dog originating in or coming from the United States of America, or
b
a rodent of non-domestic species or a squirrel originating in or coming from a third country of the African sub-Saharan region.
Rabies
6
The requirement in respect of rabies is that the animal complies with Article 5 or 8 of the Pets Regulation (as the case may be).
Nipah disease
7
The requirement in respect of Nipah disease is that a dog or cat imported from Malaysia (Peninsula) must be accompanied by a certificate which —
a
is signed by a representative of the Malaysian government veterinary services,
b
states the number of the microchip implanted in the dog or cat, and
c
certifies that the conditions in Article 2(2) of Decision 2006/146/EC have been met.
Hendra disease
8
The requirement in respect of Hendra disease is that a cat imported from Australia must be accompanied by a certificate which —
a
is signed by a representative of the Australian government veterinary services,
b
states the number of the microchip implanted in the cat, and
c
certifies that the condition in Article 3(2) of Decision 2006/146/EC has been met.
Echinococcus multilocularis
9
The requirement in respect of Echinococcus multilocularis is that a dog complies with the preventive health measures in Article 7 of the supplementary Regulation, except where those measures do not apply by virtue of Article 2(2) of that Regulation.
Highly pathogenic avian influenza
10
1
The Importation of Birds, Poultry and Hatching Eggs Order 1979 does not apply to the landing of a pet bird to which Decision 2007/25/EC applies.
2
Paragraphs (3) to (5) apply where a pet bird is part of a movement into Great Britain which does not comply with Decision 2007/25/EC .
3
An officer of the competent authority may serve a written notice on the person accompanying the bird, requiring that person to —
a
return the bird to its country of origin,
b
place the bird in quarantine for such period, at such place and subject to such conditions as may be specified in the notice, or
c
where the return or quarantine of the bird is not possible, cause the bird to be destroyed by a date specified in the notice.
4
A person on whom a notice is served must comply with it at that person’s own expense.
5
Where a notice is not complied with, an officer of the competent authority may seize the bird, detain it and arrange for it to be treated as required by the notice at the expense of the person on whom notice is served.
PART 3
Carriers
Approval of carriers
11
1
A carrier who moves a pet animal which is subject to Article 5 or 8 of the Pets Regulation into Great Britain must be approved for the purpose by the appropriate authority.
2
But approval is not required where —
a
the movement is from the Republic of Ireland, or
b
the carrier is a Community air carrier and the movement is of a recognised assistance dog.
3
Approval may be granted subject to such terms and conditions as the authority considers necessary or expedient to ensure that pet animals are checked by or on behalf of the carrier for compliance with the Pets Regulation and (if applicable) the supplementary Regulation and Decision 2006/146/EC .
4
Approvals in force immediately before 1st January 2012 under article 7 of the Pet Travel Scheme (Scotland) Order 2003 and article 8 of the Non Commercial Movement of Pet Animals (England) Regulations 2004 continue in force as approvals under this Order.
5
The appropriate authority may amend an approval by giving notice in writing to the carrier.
6
In this article, “Community air carrier” and “recognised assistance dog” have the same meanings as in Regulation (EC) No 1107/2006 of the European Parliament and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air .
Suspension or withdrawal of approvals
12
1
Where the appropriate authority is satisfied that a carrier has failed to comply with its approval, the appropriate authority may suspend or withdraw the approval by giving notice in writing to the carrier.
2
A suspension or withdrawal under paragraph (1) has effect at the end of the period of 21 days beginning with the date of service of the notice.
3
But if it is necessary for the protection of public or animal health the appropriate authority may specify in the notice that the suspension or withdrawal has immediate effect.
4
The notice must —
a
give reasons,
b
state when it comes into effect and, in the case of suspension, state on what date or event it is to cease to have effect, and
c
explain the right of the carrier to make written representations in accordance with paragraph (6), and details of the person to whom such representations may be made.
5
Where the notice does not have immediate effect and representations are made under paragraph (6), a suspension or withdrawal must not have effect until the final determination of the appropriate authority in accordance with paragraph (9), unless the appropriate authority decides that it is necessary for the protection of public or animal health for the suspension or withdrawal to have immediate effect and gives notice to that effect.
6
A carrier may make written representations against a suspension or withdrawal of its approval to a person appointed for the purpose by the appropriate authority.
7
Written representations must be made within the period of 21 days beginning with the date on which notice is served on the carrier to suspend or withdraw its approval.
8
The appointed person must consider the representations and report in writing to the appropriate authority.
9
The appropriate authority must give to the carrier written notification of its final determination and the reasons for it.
PART 4
Enforcement
Enforcement authority
13
1
The local authority enforces the Pets Regulation, Decision 2003/459/EC , Decision 2006/146/EC , Decision 2007/25/EC , the supplementary Regulation and this Order (in this Part, “the relevant instruments”).
2
In relation to cases of a particular description or to a particular case, the appropriate authority may direct that the relevant instruments be enforced by it instead.
Appointment of authorised officers
14
1
The local authority or the appropriate authority may authorise officers for the purpose of enforcing the relevant instruments.
2
The following are authorised officers for the purpose of enforcing the relevant instruments —
a
a person appointed as an inspector or a veterinary inspector for the purposes of the Animal Health Act 1981 ,
b
a person appointed for the purposes of the Non Commercial Movement of Pet Animals (England) Regulations 2004 or the Pet Travel Scheme (Scotland) Order 2003 .
Powers of authorised officers
15
1
An authorised officer may, on producing a duly authenticated authorisation if required, enter any premises at any reasonable hour for the purpose of enforcing the relevant instruments, and in this article “premises” includes any place, trailer, container, vessel, boat, aircraft or vehicle of any other description.
2
An authorised officer may be accompanied by such other persons as the authorised officer considers necessary, including any representative of the European Commission.
3
Admission to premises used wholly or mainly as a private dwelling house may not be demanded as of right unless the entry is in accordance with a warrant granted under paragraph (4).
4
A justice of the peace in England and Wales, or a sheriff, stipendiary magistrate or justice of the peace in Scotland may by signed warrant permit an authorised officer to enter premises used wholly or mainly as a private dwelling house, if necessary by reasonable force, if satisfied, on sworn information in writing (in England and Wales) or by evidence on oath (in Scotland) —
a
that there are reasonable grounds to enter those premises for the purpose of enforcing the relevant instruments, and
b
that any of the conditions in paragraph (5) are met.
5
The conditions are —
a
entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier,
b
asking for admission to the premises, or giving such a notice, would defeat the object of the entry,
c
entry is required urgently, or
d
the premises are unoccupied or the occupier is temporarily absent.
6
A warrant is valid for three months.
7
An authorised officer who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.
8
An authorised officer who has entered premises for the purposes of enforcing the relevant instruments may for those purposes —
a
carry out any examination, investigation or test,
b
inspect and search the premises,
c
require the production of any document or record (including a passport or health certificate) and inspect and take a copy of or extract from such document or record,
d
require any person to provide such assistance, information or facilities as is reasonable,
e
seize and detain a pet animal or pet bird.
Offences
16
1
Failure to comply with either of the following is an offence —
a
a notice served under article 10(3) ,
b
article 11(1) , except where article 11(2) applies.
2
It is an offence —
a
intentionally to obstruct any person acting in the execution of the relevant instruments,
b
without reasonable cause, to fail to give to any such person any assistance or information that that person may reasonably require,
c
to furnish to any such person any information knowing it to be false or misleading (including information contained in a passport or health certificate), or
d
to fail to produce a document or record (including a passport or health certificate) to any such person when required to do so.
Penalties
17
1
A person guilty of an offence under article 16(1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
A person guilty of an offence under article 16 (2) is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale.
Offences by bodies corporate, partnerships and unincorporated associations
18
1
Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
a director, manager, secretary or other similar officer of the body corporate, or
b
a person who was purporting to act in any such capacity,
that person, as well as the body corporate, is guilty of the offence.
2
In paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where a partnership or Scottish partnership is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of a partner, the partner, as well as the partnership or Scottish partnership, is guilty of the offence.
4
In paragraph (3) “partner” includes a person purporting to act as a partner.
5
Where an unincorporated association is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of an officer of the association, that officer, as well as the association, is guilty of the offence.
6
In paragraph (5) “officer”, in relation to an unincorporated association, means —
a
an officer of the association or a member of its governing body, or
b
a person purporting to act in such a capacity.
PART 5
Transitional provision, amendments, revocations and review
Transitional provision
19
1
Where a pet animal is detained and isolated in quarantine in Great Britain immediately before 1st January 2012 under the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974, the period of quarantine required by that Order ends on the earliest of the dates specified in paragraph (2).
2
The dates are —
a
in the case of an animal which, immediately before 1st January 2012, was subject to Article 6 or 8(1)(a)(ii) of the Pets Regulation, the date it satisfies the requirements of Article 5 of that Regulation,
b
in the case of an animal which, immediately before 1st January 2012, was subject to Article 8(1)(b)(ii) of the Pets Regulation, the date it satisfies the requirements of Article 8(1)(b)(i) of that Regulation, or
c
the expiry of the period of six months beginning with the date on which the animal was originally detained.
Amendments
20
The Schedule (amendments) has effect.
Revocations
21
The following instruments are revoked —
a
the Rabies (Importation of Dogs, Cats and Other Mammals) (Amendment) Order 1994 ,
b
the Rabies (Importation of Dogs, Cats and Other Mammals) (Amendment) (Wales) Order 2002 ,
c
the Pet Travel Scheme (Scotland) Order 2003 ,
d
the Non Commercial Movement of Pet Animals (England) Regulations 2004 ,
e
the Rabies (Importation of Dogs, Cats and Other Mammals) (England) (Amendment) Order 2004 , and
f
the Rabies (Importation of Dogs, Cats and Other Mammals) Amendment (Scotland) Order 2011 .
Review
22
1
The Secretary of State must from time to time —
a
carry out a review of this Order,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Pets Regulation, the supplementary Regulation, Decision 2003/459/EC , Decision 2006/146/EC and Decision 2007/25/EC are enforced in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by this Order,
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
4
The first report under this Order must be published before the end of the period of five years beginning with 1st January 2012.
5
Reports under this article are afterwards to be published at intervals not exceeding five years.
Taylor of Holbeach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
6th December 2011
John Griffiths
Minister for Environment and Sustainable Development One of the Welsh Ministers
5th December 2011


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Tobacco Advertising and Promotion (Display and Specialist Tobacconists) (England) (Amendment) Regulations 2011 and come into force on 30th June 2011.
2
These Regulations apply in relation to England.
Amendment of the Tobacco Advertising and Promotion (Display) (England) Regulations 2010
2
The Tobacco Advertising and Promotion (Display) (England) Regulations 2010 are amended as follows —
a
in regulation 1(1)(a) for “1st October 2011” substitute “6th April 2012”; and
b
in regulation 1(1)(b) for “1st October 2013” substitute “6th April 2015”.
Amendment of the Tobacco Advertising and Promotion (Specialist Tobacconists) (England) Regulations 2010
3
In regulation 1(1) of the Tobacco Advertising and Promotion (Specialist Tobacconists) (England) Regulations 2010 , for “1st October 2013” substitute “6th April 2015”.
Signed by authority of the Secretary of State for Health.
Anne Milton
Parliamentary Under-Secretary of State,
Department of Health
9th May 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Elected Local Policing Bodies (Specified Information) Order 2011 and comes into force on 16th January 2012.
2
In this Order —
“the 2011 Act ” means the Police Reform and Social Responsibility Act 2011;
“election” means —
where the elected local policing body is a police and crime commissioner, an election held under section 50 of the 2011 Act; and
where the elected local policing body is the Mayor’s Office for Policing and Crime, an election held under section 16 of the Greater London Authority Act 1999 ;
“relevant office holder” means —
where the elected local policing body is a police and crime commissioner, the commissioner and any deputy police and crime commissioner appointed by the commissioner; and
where the elected local policing body is the Mayor’s Office for Policing and Crime, the Mayor of London and any Deputy Mayor for Policing and Crime appointed by the Mayor;
“senior employee” means a member of the staff of an elected local policing body whose salary exceeds £58,200; and
“staff”, where the elected local policing body is a police and crime commissioner, does not include a deputy police and crime commissioner appointed by the commissioner.
Specified information
2
1
For the purposes of section 11(1) of the Police Reform and Social Responsibility Act 2011, the Secretary of State specifies —
a
the information set out in Part 1 of the Schedule; and
b
the times of publication set out in Part 2 of the Schedule.
2
Nothing in this Order applies to information if publication of that information —
a
would, in the view of the chief officer of police, be against the interests of national security;
b
might, in the view of the chief officer of police, jeopardise the safety of any person;
c
might, in the view of the chief officer of police, prejudice the prevention or detection of crime, the apprehension or prosecution of offenders, or the administration of justice; or
d
is prohibited by or under any enactment.
Nick Herbert
Minister of State
Home Office
20th December 2011


text:
Citation and commencement
1
1
This Order may be cited as the Terrorist Asset-Freezing etc. Act 2010 (Guernsey) Order 2011.
2
This Order comes into force on the day after the day on which it is made.
Interpretation
2
1
In this Order —
a
“the 2010 Act ” means the Terrorist Asset-Freezing etc. Act 2010; and
b
“ Guernsey ” means the Bailiwick of Guernsey.
2
The provisions of the Interpretation Act 1978 apply to this Order.
Extension of Part 1 of the 2010 Act to Guernsey
3
1
Subject to paragraph (2) and the modifications specified in the Schedule to this Order, the provisions of Part 1 (Terrorist Asset-Freezing) of the 2010 Act extend to Guernsey.
2
The following provisions of Part 1 are not extended to Guernsey —
a
section 28 (appeals and reviews: supplementary);
b
section 29 (initial exercise of powers to make rules of court);
c
section 30 (Treasury report on operation of Part 1);
d
section 31 (independent review of operation of Part 1);
e
section 36 (time limit for proceedings for summary offences);
f
section 37 (consent to prosecution);
g
section 38 (procedure for offences by unincorporated bodies);
h
section 44 (Crown application);
i
section 46 (transitional provisions and savings); and
j
section 47 (power to repeal Part).
Effect
4
1
Subject to paragraph (2), this Order shall have effect from the date referred to in Article 1 until the day after the day on which the Terrorist Asset–Freezing (Bailiwick of Guernsey) Law 2011 comes into force in Guernsey.
2
Any designation made under Chapter 1 of Part 1 of the 2010 Act will have effect as from the date of commencement of this Order as if made under the 2010 Act as extended to Guernsey.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Licence Charges) Regulations 2011 and shall come into force on 3rd May 2011.
Interpretation
2
1
In these Regulations —
“the 2004 Regulations ” means the Wireless Telegraphy (Spectrum Trading) Regulations 2004 ;
“the Act” means the Wireless Telegraphy Act 2006;
“apparatus” means apparatus for wireless telegraphy;
“Band I” means the band 55.750–68.00 MHz , with the exception of the sub-bands 60.750–62.750 MHz and 67.750–67.8375 MHz;
“base station” means a station which facilitates or controls communications between a mobile station and —
itself;
another mobile station;
a fixed mobile station; or
any electronic communications network;
“channel” means a part of the electromagnetic spectrum intended to be used for a transmission of signals and defined by —
two specified frequency limits;
its centre frequency and the associated bandwidth; or
an indication equivalent to (a) or (b);
“co-channel” means apparatus operating in an identical frequency or channel;
“core London area” means the area within a circle which has a 22 kilometre radius from Charing Cross, London which is located at grid square reference TQ 302 805;
“cross-polar” means the use of orthogonal polarisation to permit the re-use of identical frequencies or channels in the same area;
“earth station” means a radio station situated either on the earth’s surface or within the earth’s atmosphere and is intended for communication with one or more —
radio stations which are situated beyond, or are intended to be situated beyond, the earth’s atmosphere; or
radio stations of the same kind by means of one or more reflecting satellites or other objects in space;
“ erp ” means effective radiated power of transmission;
“exclusive basis” means authorised use of a channel which is not shared with any other licensee;
“fixed link” means a connection by wireless telegraphy designed for use between two fixed points;
“fixed mobile station” means a control point configured to operate in the manner of a mobile station;
“grid square” means a National Grid square of the 2 nd series of Landranger maps published by the Ordnance Survey;
“heavy congestion area” means such part of the British Islands being in an area listed in Schedule 8 and identified by reference to a grid square which is considered by OFCOM to have a heavily congested use of the electromagnetic spectrum for a specified class of licence;
“high population area” means such part of the British Islands being in an area listed in Schedule 5 and identified by reference to a grid square which is considered by OFCOM to have a high proportion of the population;
“high usage bands” mean any of UHF Band I, UHF Band II and the VHF High Band;
“hub” means a single fixed site connected to more than one fixed station via wireless telegraphy links operating in the same frequency bands;
“large coverage area” means —
in relation to a Coastal Station Radio (International) licence an area within which wireless telegraphy is authorised under a licence condition permitting one or more of —
erp greater than or equal to 24 Watts where antenna height is greater than or equal to 10 metres above mean sea level;
erp greater than or equal to 10 Watts where antenna height is greater than or equal to 20 metres above mean sea level;
erp greater than or equal to 5 Watts where antenna height is greater than or equal to 30 metres above mean sea level;
in relation to a Coastal Station Radio ( UK ) licence an area within which wireless telegraphy is authorised under a licence condition permitting —
erp greater than 5 Watts where antenna height is greater than 10 metres above ground level; or
erp less than or equal to 5 Watts where antenna height is greater than 30 metres above ground level; and
in relation to any other licence an area within which wireless telegraphy is authorised under a licence condition permitting one or more of —
erp greater than 5 Watts where antenna height is greater than 10 metres above ground level;
erp less than or equal to 5 Watts where antenna height is greater than 30 metres above ground level;
transmission within a circular area which has a radius greater than 15 kilometres but less than or equal to 30 kilometres;
“licence” means a wireless telegraphy licence;
“light congestion area” means such part of the British Islands being in an area listed in Schedule 8 and identified by reference to a grid square which is considered by OFCOM to have a lightly congested use of the electromagnetic spectrum for a specified class of licence;
“low population area” means such part of the British Islands being an area listed in Schedule 5 and identified by reference to a grid square which is considered by OFCOM to have a low proportion of the population;
“low usage bands” mean the band 133 kHz –147 kHz, the 26.225 MHz band, the 49.49375 MHz band, VHF Band I and the VHF Low Band;
“medium congestion area” means such part of the British Islands being in an area listed in Schedule 8 and identified by reference to a grid square which is considered by OFCOM to have a medium level of congested use of the electromagnetic spectrum for a specified class of licence;
“medium coverage area” means —
in relation to a Coastal Station Radio (International) licence an area within which wireless telegraphy is authorised under a licence condition permitting one or more of —
erp greater than 10 Watts where antenna height is less than 10 metres above mean sea level;
erp greater than 7 Watts but less than 24 Watts where antenna height is greater than 5 metres above mean sea level but less than 20 metres above mean sea level;
erp greater than 3 Watts but less than 10 Watts where antenna height is greater than 10 metres above mean sea level but less than 30 metres above mean sea level;
erp greater than 1.5 Watts but less than 5 Watts where antenna height is greater than 20 metres above mean sea level;
erp less than 5 Watts where antenna height is greater than 30 metres above mean sea level;
in relation to a Coastal Station Radio (UK) licence an area within which wireless telegraphy is authorised under a licence condition permitting —
erp less than or equal to 5 Watts where antenna height is greater than 10 metres above ground level and less than or equal to 30 metres above ground level; or
erp greater than 5 Watts where antenna height is less than or equal to 10 metres above ground level; and
in relation to any other licence an area within which wireless telegraphy is authorised under a licence condition permitting one or more of —
erp less than or equal to 5 Watts where antenna height is greater than 10 metres above ground level and less than or equal to 30 metres above ground level;
erp greater than 5 Watts where antenna height is less than or equal to 10 metres above ground level;
transmission within a circular area which has a radius greater than 3 kilometres but less than or equal to 15 kilometres;
“medium frequency” means that part of the electromagnetic spectrum between 531 kHz and 1602 kHz;
“medium population area” means such part of the British Islands being an area listed in Schedule 5 and identified by reference to a grid square which is considered by OFCOM to have a medium proportion of the population;
“medium usage bands” mean VHF Band II and the VHF Mid Band;
“medium wave broadcasting band” means that part of the electromagnetic spectrum between 526.5 kHz and 1606.5 kHz;
“mobile station” means a station (other than a base station) intended to be used while in motion or during halts at unspecified points;
“national channel” means a channel which the licensee is authorised to use throughout the United Kingdom;
“non-congestion area” means such part of the British Islands being in an area listed in Schedule 8 and identified by reference to a grid square which is considered by OFCOM not to have a congested use of the electromagnetic spectrum for a specified class of licence;
“outer London area” means all of the area, other than the core London area, which is within a circle having a 112 kilometre radius from Charing Cross, London which is located at grid square reference TQ 302 805;
“prescribed payment interval” has the meaning given by regulation 4(1);
“prescribed sum” means a fixed sum and/or a variable sum which is payable to OFCOM under regulation 4(1)(c) and/or (d);
“prescribed time” means the time when a sum is payable to OFCOM under regulation 4(1);
“shared basis” means authorised use of a channel which is shared with another licensee;
“slot” means the smallest unit of the electromagnetic spectrum used in the construction of a frequency plan, such that all bands, sub-bands, blocks and channels which are used in such plan are integer multiples of the slot size;
“small coverage area” means —
in relation to a Coastal Station Radio (International) licence an area within which wireless telegraphy is authorised under a licence condition permitting one or more of —
erp less than or equal to 10 Watts where antenna height is less than or equal to 5 metres above mean sea level;
erp less than or equal to 7 Watts where antenna height is less than or equal to 10 metres above mean sea level;
erp less than or equal to 3 Watts where antenna height is less than or equal to 20 metres above mean sea level;
erp less than or equal to 1.5 Watts where antenna height is less than or equal to 30 metres above mean sea level;
in relation to a Coastal Station Radio (UK) licence an area within which wireless telegraphy is authorised under a licence condition permitting erp less than or equal to 5 Watts where antenna height is less than or equal to 10 metres above ground level; and
in relation to any other licence an area within which wireless telegraphy is authorised under a licence condition permitting one or more of —
erp less than or equal to 5 Watts where antenna height is less than or equal to 10 metres above ground level;
transmission within a circular area which has a radius less than or equal to 3 kilometres;
“station” means a station for wireless telegraphy;
“UHF Band I” means that part of the electromagnetic spectrum between 410.00000 MHz and 449.49375 MHz;
“UHF Band II” means that part of the electromagnetic spectrum between 453.00625 MHz and 466.08750 MHz;
“VHF Band I” means that part of the electromagnetic spectrum between 55.75 MHz and 68.0 MHz;
“VHF Band II” means that part of the electromagnetic spectrum between 177.20625 MHz and 207.49375 MHz;
“VHF broadcasting band” means that part of the electromagnetic spectrum between 87.5 MHz and 108.0 MHz;
“VHF High Band” means that part of the electromagnetic spectrum between 165.04375 MHz and 173.09375 MHz;
“VHF Low Band” means that part of the electromagnetic spectrum between 68.08125 MHz and 87.49375 MHz; and
“VHF Mid Band” means that part of the electromagnetic spectrum between 137.96250 MHz and 165.04375 MHz.
2
Where these Regulations provide for the prescribed sum to be calculated by reference to a number of any of the following things —
a
base stations;
b
channels;
c
congestion areas;
d
fixed links;
e
grid squares;
f
mobile stations;
g
national channels;
h
population;
i
regional channels;
j
slots;
k
stations,
the number shall be taken to be the number the use of which is authorised by the licence at the prescribed time.
3
In relation to a Transmission of National and Local Radio Broadcasting Services licence and a Community Radio licence, a reference to the licensee’s coverage is a reference to the total population covered by the transmitters which the licensee is authorised to use in the medium wave broadcasting band or the VHF broadcasting band (as the case may be) as specified in the licence granted to the licensee, and “covered” shall be construed accordingly.
4
In relation to a Coastal Station Radio (International) licence, a Coastal Station Radio (UK) licence, a Coastal Station Radio (International) Area Defined licence and a Coastal Station Radio (UK) Area Defined licence —
a
“excluded channels” means —
i
channels 0 (156.000 MHz), 00 (160.600 MHz), 10 (156.500 MHz), 67 (156.375 MHz) and 73 (156.675 MHz) and the channel on 161.225 MHz, when used solely to assist Her Majesty’s Coastguard, and when used solely to assist the Secretary of State with oil pollution control activities; and
ii
channels 6 (156.300 MHz), 8 (156.400 MHz), 13 (156.650 MHz), 15 (156.750 MHz), 16 (156.800 MHz), 17 (156.850 MHz), 23 (157.150 and 161.750 MHz), 70 (156.525 MHz), 72 (156.625 MHz), 75 (156.775 MHz), 76 (156.825 MHz), 77 (156.875 MHz), 84 (157.225 and 161.825 MHz) and 86 (157.325 and 161.925 MHz); and
b
a reference to an international maritime channel means a channel specified in the table in Appendix 18 to the 2008 edition of the Radio Regulations .
5
In relation to a Programme Making and Special Events Fixed Site licence, a Programme Making and Special Events Link licence, a Programme Making and Special Events Low Power licence, a UK Wireless Microphone (Annual) licence and a UK Wireless Microphone (Biennial) licence —
a
“area” in relation to a channel specified in such a licence refers to an area with a population coverage below three million individuals;
b
“designated website” means the website address (at www.jfmg.co.uk or at such other website address as may be notified by OFCOM to persons who, in their opinion, are likely to be affected by any change of address by publishing such a notice on OFCOM’s website, www.ofcom.org.uk ) of OFCOM’s agents managing and licensing in the classes of licence set out under the heading of Programme Making and Special Events in Schedule 2;
c
“multi use type (1)” in relation to a channel specified in such a licence refers to a maximum of 60 periods with each such period not exceeding 48 hours;
d
“multi use type (2)” in relation to a channel specified in such a licence refers to a maximum of 480 periods with each such period not exceeding 48 hours;
e
“occasional use” in relation to a channel specified in such a licence refers to a period not exceeding 48 hours;
f
“premium case” means a case where at the applicant’s request a licence is granted or varied outside office hours; and for the purposes of this definition “office hours” means 09.00 to 17.00 hours from Monday to Friday other than on a day which is a bank holiday in England and Wales;
g
“primary” in relation to a channel specified in such a licence refers to use at any time;
h
“programme making” includes the making of a programme for broadcast, the making of a film presentation, advertisement or audio or video tape, and the staging or performance of an entertainment, sporting or other public event;
i
“programme sound link” in relation to a channel specified in such a licence refers to a channel used to transmit the material produced in programme making from a fixed transmission station to a fixed receiving station;
j
“restricted service programme sound link” in relation to a channel specified in such a licence refers to a channel used to transmit the material produced in programme making from a fixed transmission station to a fixed receiving station where the transmission is for a period not exceeding thirty consecutive days;
k
“secondary” in relation to a channel specified in such a licence refers to use when the channel or band is not being used by another licensee under a licence which authorises such use as a primary channel;
l
“shared” in relation to a channel specified in such a licence refers to use at the same time as such a channel may be used by a licensee under another licence; and
m
“variation” in relation to such a licence refers to the addition of a channel to the channel specified in such licence;
and for the purpose of determining “population coverage” as referred to above, reference shall be made as appropriate to —
i
the estimated mid-year resident population for England and Wales for 2000 as shown in the “Office of National Statistics Population Estimates Mid-2000 for England and Wales” published in August 2001;
ii
the estimated mid-year resident population for Scotland for 2000 as shown in the “Mid-Year Population Estimates, Scotland” published in June 2001; and
iii
the estimated mid-year resident population for Northern Ireland for 2000 as shown in the “Annual Report of the Registrar General for Northern Ireland” published in November 2001.
6
In relation to a Satellite (Earth Station Network) licence “network” means a one-way or two-way service from any number of earth station terminals to a single geo-stationary orbit satellite transponder transmitting in the earth to space direction.
Revocation
3
The Regulations set out in Schedule 1 are hereby revoked.
Licence charges and time of payment
4
1
Subject to paragraphs (2) to (11) and to regulations 5 and 6, there shall be paid to OFCOM by the licensee —
a
on the issue of the licence and on the variation of the licence where such variation is prescribed in Schedule 2; and
b
on the last day of the period of twelve, twenty-four, thirty-six or (as the case may be) sixty months prescribed in Schedule 2, if any, in respect of the class of licence in question (the “prescribed payment interval”) and on the last day of each subsequent prescribed payment interval thereafter (the first prescribed payment interval having begun on the day of the issue of the licence) for which the licence continues in force,
in relation to a licence of a class listed in Schedule 2 —
c
the fixed sum, if any, specified in; and
d
the variable sum, if any, determined in accordance with the provisions of,
that Schedule.
2
Paragraph (4) shall apply to a licence where —
a
the licence is of any class other than:
i
those listed under the heading “Programme Making and Special Events” in Schedule 2;
ii
the Self Co-ordinated Links licence class (which is listed under the heading “Fixed Links” in Schedule 2); and
iii
the Non-Operational Temporary Use licence class (which is listed under the heading “Science and Technology” in Schedule 2); and
b
the sum otherwise payable for such licence is £75 or more per annum.
3
Paragraph (4) shall also apply to a licence within the Point to Point Fixed Links licence class (which is listed under the heading “Fixed Links” in Schedule 2)) where the sum otherwise payable for such licence is less than £75 per annum.
4
Where a licence to which this paragraph applies is issued for a period of less than one year the sum payable shall, subject to paragraph (5), be such sum as represents one-twelfth of the prescribed sum multiplied by the number of complete and part-complete months to the expiry of the licence.
5
The sum payable in accordance with paragraph (4) shall —
a
where such sum represents a fraction of a whole pound sterling be rounded up to the nearest pound sterling; and
b
be subject to a minimum of £20.
6
Paragraph (8) shall apply to a licensee where —
a
a prescribed sum is payable by that licensee in respect of a licence under paragraph (1);
b
the licence is of one of the following classes —
i
the classes listed under the heading “Broadcasting” in Schedule 2;
ii
the classes listed under the heading “Business Radio” in Schedule 2;
iii
the classes listed under the heading “Fixed Links” in Schedule 2;
iv
the classes listed under the heading “Public Wireless Networks” in Schedule 2; or
v
the classes listed under the heading “Satellite Services” in Schedule 2;
c
the licence is granted for a period of a year or longer; and
d
the prescribed sum due for payment by the licensee is in excess of £100,000.
7
Paragraph (8) shall also apply to a licensee where —
a
prescribed sums are payable by that licensee under paragraph (1) in respect of more than one licence where all of those licences are of the same class and that class is one of the classes listed in paragraph (6)(b);
b
each of those prescribed sums is due for payment by the licensee at the same prescribed time in accordance with paragraph (1);
c
each of the prescribed sums is in respect of licences granted for a period of a year or longer; and
d
the total of the prescribed sums due for payment by the licensee is in excess of £100,000.
8
If OFCOM receive notice from a licensee to which this paragraph applies of the licensee’s intention to make payment in ten equal instalments of a sum equal to the prescribed sum referred to in paragraph (6) or equal to the total of the prescribed sums referred to in paragraph (7)(d), the licensee —
a
shall not be required to make payment at the prescribed time other than in accordance with this paragraph; and
b
shall make payment of the sum in ten equal instalment payments with the first instalment to be paid to OFCOM on the day which shall be the same day as the prescribed time when the prescribed sum or the prescribed sums were to be paid to OFCOM and each subsequent instalment to be paid on the same day in each of the nine consecutive months thereafter (or in a month in which there is no such day, on the last day of the month).
9
Where at any time the licensee fails to make payment in accordance with paragraph (8), the total of the outstanding instalment payments shall become immediately due for payment.
10
No sums shall be payable to OFCOM in respect of the issue of a licence in order to effect a transfer of rights and obligations under a licence to another person under regulation 8(5) of the 2004 Regulations.
11
For any licence issued in order to effect a transfer under the 2004 Regulations, the prescribed payment interval shall be treated so as to commence and expire at the times when the corresponding prescribed payment interval would have commenced and expired under the licence from which the rights and obligations were transferred had the transfer not been made.
Concessionary licence charges
5
1
This regulation applies where a relevant licence is granted to an applicant, or held by a licensee, which —
a
is a charity; and
b
has as its object the safety of human life in an emergency.
2
The sum to be paid by a qualifying charity to OFCOM on the issue of a relevant licence, and on the last day of each of the prescribed payment intervals (if any), shall be one half of the prescribed sum. Where the sum so payable to OFCOM represents a fraction of a whole pound sterling then the sum payable by the qualifying charity shall be rounded up to the nearest whole pound sterling.
3
In this regulation —
“charity” means a person who —
being subject to the laws of England and Wales, or Scotland, or Northern Ireland, is a charity within the meaning of paragraph 1(1) of Schedule 6 to the Finance Act 2010 ;
being subject to the laws of the Isle of Man, is registered as a charity under the Charities Registration Act 1989 ;
being subject to the laws of Guernsey, is a member for the time being of the Association of Guernsey Charities; or
being subject to the laws of Jersey, is a member for the time being of the Association of Jersey Charities;
“qualifying charity” is a body falling within paragraph (1); and
“relevant licence” means a licence of one of the following classes —
all of the classes listed under the heading “Aeronautical” in Schedule 2;
all of the classes listed under the heading “Business Radio” in Schedule 2; and
all of the classes listed under the heading “Maritime” in Schedule 2 apart from Ship Radio and Ship Portable Radio.
Other licence charges
6
Where a sum is not prescribed by regulations made under section 12 of the Act whether on the issue of a licence or subsequently, there shall be paid to OFCOM such sum as OFCOM may in the particular case determine.
Hyacinth S. Nwana
Group Director, Spectrum Policy Group of the Office of Communications
For and by the authority of the Office of Communications
14th April 2011


text:
Citation
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Commencement No. 14) Order 2011.
Commencement
2
The following provisions of the Serious Organised Crime and Police Act 2005 shall come into force on 7th March 2011 —
a
section 117(1) and (2) (fingerprints: amendments to section 61 of PACE );
b
section 117(4)(a) (fingerprints: amendments to section 61 of PACE);
c
section 117(5) (fingerprints: amendments to section 63A of PACE);
d
section 117(6) (so far as not already in force);
e
section 117(8) to (10) (fingerprints: amendments to section 63A of PACE); and
f
section 121(5)(a) (custody officers: amendments to PACE).
Nick Herbert
Minister of State
Home Office
14th February 2011


text:
Title, commencement, extent and application
1
1
These Regulations may be cited as the Marketing of Fresh Horticultural Produce (Amendment) Regulations 2011 and come into force on 1st December 2011.
2
This regulation and regulations 2, 3(a) and (c) and 4(a), (b) and (c) extend to the United Kingdom.
3
Otherwise, these Regulations apply in relation to England only.
Amendment of the Marketing of Fresh Horticultural Produce Regulations 2009
2
The Marketing of Fresh Horticultural Produce Regulations 2009 are amended as follows.
Amendment of regulation 2
3
In regulation 2 —
a
in paragraph (1), for the definition of “Commission Regulation 1580/2007” substitute —
“Commission Implementing Regulation 543/2011” means Commission Implementing Regulation (EU) No 543/2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors, as amended from time to time.
;
b
in paragraph (2) —
i
in the definition of “EU marketing rules” , for “Commission Regulation 1580/2007” substitute “Commission Implementing Regulation 543/2011”,
ii
in the definition of “general marketing standard”, for “Article 2a(1) and Part A of Annex I to Commission Regulation 1580/2007” substitute “Article 3(1) and Part A of Annex I to Commission Implementing Regulation 543/2011”,
iii
in the definition of “specific marketing standards”, for “Article 2a(2) and Part B of Annex I to Commission Regulation 1580/2007” substitute “Article 3(2) and Part B of Annex I to Commission Implementing Regulation 543/2011”; and
c
in paragraph (3), for “Commission Regulation 1580/2007” substitute “Commission Implementing Regulation 543/2011”.
Amendment of regulation 3
4
In regulation 3 —
a
in paragraphs (1) and (2)(a)(i), for “Article 8(1)(a) of Commission Regulation 1580/2007” substitute “Article 9(1)(a) of Commission Implementing Regulation 543/2011”;
b
in paragraph (2)(a)(ii) and (iii) and in the introductory words of paragraph (2)(b), for “Article 8(1)(b) of Commission Regulation 1580/2007” substitute “Article 9(1)(b) of Commission Implementing Regulation 543/2011”;
c
in paragraph (2)(b)(i), for “Article 9 of Commission Regulation 1580/2007” substitute “Article 10 of Commission Implementing Regulation 543/2011”; and
d
in paragraph (3), for “Article 8(1)(b) of Commission Regulation 1580/2007” substitute “Article 9(1)(b) of Commission Implementing Regulation 543/2011”.
Amendment of regulation 4
5
In regulation 4(3), for “Commission Regulation 1580/2007” substitute “Commission Implementing Regulation 543/2011”.
Amendment of regulation 8
6
In regulation 8(2), for “Annex VI to Commission Regulation 1580/2007” substitute “Annex V to Commission Implementing Regulation 543/2011”.
Insertion of Part 7
7
After Part 6 insert —
PART 7 Review
23
1
Before the end of each review period, the Secretary of State must —
a
carry out a review of these Regulations,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
The report must in particular —
a
set out the objectives intended to be achieved by these Regulations,
b
assess the extent to which the objectives have been achieved, and
c
assess whether the objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
3
The first review period is the period of five years beginning on 1st December 2011 .
4
Each subsequent review period is a period of five years beginning with the date on which the report of the preceding review was published.
.
Substitution of the Schedule
8
For the Schedule substitute the following —
SCHEDULE
Provisions of Commission Implementing Regulation 543/2011
Regulation 4(3)
Column 1
Relevant provision of Commission Implementing Regulation 543/2011
Column 2
Provision of Commission Implementing Regulation 543/2011 to be read with the provision in column 1
Column 3
Subject matter
Article 5(1) Annex I, Art 4(3), Art 5(2) to (4), Art 6, Art 7 General requirement for information particulars Article 5(2) Annex I, Art 5(1), (3) and (4), Art 7 Requirements for information particulars in documents accompanying bulk shipments and goods loaded directly onto a means of transport Article 5(3) Annex I, Art 5(1) and (4), Art 7 Requirement for information particulars in the case of distance contracts to be available before the purchase is concluded Article 5(4) Annex I, Art 5(1) to (3), Art 7 Requirement for information particulars on invoices and accompanying documents Article 6 Annex I, Art 4(3), Art 7 Requirement for information particulars at the retail stage Article 7(1) Annex I, Art 4(3), Art 6, Art 7(2) and (3) Requirements for sale of mixes of different types of fruit and vegetables Article 10(6) Art 10(1) to (5) Requirement for traders to provide information that Member States consider necessary for the database Article 11(4) Art 11(1) to (3), Art 12, Art 14 and Annex III , Art 15 Requirement for traders to provide inspection bodies with all information required by them for organising and carrying out conformity checks Article 17(3), final sub-paragraph Art 10, Art 17(1), (2) and the rest of (3), Annex V Requirement for traders to supply all information deemed necessary by the inspection body for method of inspection.
.
Jim Paice
Minister of State
Department for Environment, Food and Rural Affairs
26th October 2011


text:
Citation and commencement
1
This Order may be cited as the First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2011 and shall come into force on 17th October 2011.
Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010
2
The First-tier Tribunal and Upper Tribunal (Chambers) Order 2010 is amended as follows.
3
In article 10(b) (functions of the Administrative Appeals Chamber) after “11(c)” insert “or (d)”.
4
After article 11(c) (functions of the Immigration and Asylum Chamber of the Upper Tribunal) insert the following sub-paragraph —
d
an application meeting the condition specified in section 31A(8) of the Senior Courts Act 1981 made to the Upper Tribunal or transferred to it by the High Court in England and Wales, to grant the relief mentioned in section 15(1) (Upper Tribunal’s “judicial review” jurisdiction) of the Tribunals, Courts and Enforcement Act 2007.
5
In article 12(a)(ii) (functions of the Lands Chamber) for the words “a valuation tribunal in Wales” substitute “the Valuation Tribunal for Wales”.
Signed by authority of the Lord Chancellor
McNally
Minister of State
Ministry of Justice
22nd September 2011
I concur
Robert Carnwath
Senior President of Tribunals
22nd September 2011


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Democratic People’s Republic of Korea (Asset-Freezing) Regulations 2011 and shall come into force on 27th April 2011.
2
An offence under these Regulations may be committed by conduct wholly or partly outside the United Kingdom by —
a
a UK national, or
b
a body incorporated or constituted under the law of any part of the United Kingdom.
3
In paragraph (2) —
“conduct” includes acts and omissions;
“UK national” means —
a British citizen,
a British overseas territories citizen who acquired their citizenship from a connection with Gibraltar, or
a British subject under Part 4 of the British Nationality Act 1981 (British subjects) with the right of abode in the United Kingdom.
Interpretation
2
1
In these Regulations —
“the 2000 Act ” means the Financial Services and Markets Act 2000 ;
“the Council Regulation ” means Council Regulation (EC) No. 329/2007 of 27 March 2007 concerning restrictive measures against the Democratic People’s Republic of Korea, and a reference to Annex IV or V to that Regulation is to be construed as a reference to that Annex as amended from time to time;
“designated person” means a person, entity or body listed in Annex IV or V to the Council Regulation;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;
“relevant institution” means —
a person who has permission under Part 4 of the 2000 Act (permission to carry on regulated activities);
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the 2000 Act (EEA passport rights) which has permission under paragraph 15 of that Schedule as a result of qualifying for authorisation under paragraph 12 of that Schedule to accept deposits; or
an undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means or cashes cheques which are made payable to customers.
2
The definition of “relevant institution” in paragraph (1) must be read with —
a
section 22 of the 2000 Act (the classes of activity and categories of investment),
b
any relevant order under that section , and
c
Schedule 2 to that Act (regulated activities).
3
Any expression used both in these Regulations and the Council Regulation has the meaning that it bears in the Council Regulation.
Freezing of funds and economic resources
3
1
A person (“P”) must not deal with funds or economic resources belonging to, or owned, held or controlled by, a designated person if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources.
2
In paragraph (1) “deal with” means —
a
in relation to funds —
i
use, alter, move, allow access to or transfer;
ii
deal with the funds in any other way that would result in a change in volume, amount, location, ownership, possession, character or destination; or
iii
make any other change that would enable use, including portfolio management; and
b
in relation to economic resources, exchange or use in exchange for funds, goods or services.
3
Paragraph (1) is subject to regulation 9.
Making funds available to a designated person
4
1
A person (“P”) must not make funds available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
Paragraph (1) is subject to regulations 8 and 9.
Making funds available for the benefit of a designated person
5
1
A person (“P”) must not make funds available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
For the purposes of this regulation —
a
funds are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulations 8 and 9.
Making economic resources available to a designated person
6
1
A person (“P”) must not make economic resources available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect —
a
that P is making the economic resources so available, and
b
that the designated person would be likely to exchange the economic resources, or use them in exchange, for funds, goods or services.
2
Paragraph (1) is subject to regulation 9.
Making economic resources available for the benefit of a designated person
7
1
A person (“P”) must not make economic resources available to any person for the benefit of a designated person if P knows, or has reasonable grounds to suspect, that P is making the economic resources so available.
2
For the purposes of this regulation —
a
economic resources are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulation 9.
Credits to a frozen account
8
1
The prohibitions in regulations 4 and 5 are not contravened by a person who credits a frozen account with —
a
interest or other earnings due on the account, or
b
payments due under contracts, agreements or obligations that were concluded or arose before the account became a frozen account.
2
The prohibitions in regulations 4 and 5 on making funds available do not prevent a relevant institution from crediting a frozen account where it receives funds transferred to the account.
3
A relevant institution must inform the Treasury without delay if it credits a frozen account in accordance with paragraph (1)(b) or (2).
4
In this regulation “frozen account” means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person.
Licences
9
1
The prohibitions in regulations 3 to 7 do not apply to anything done under the authority of a licence granted by the Treasury.
2
A licence must specify the acts authorised by it and may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions;
c
of indefinite duration or subject to an expiry date.
3
The Treasury may vary or revoke a licence at any time.
4
On the grant, variation or revocation of a licence, the Treasury must —
a
in the case of a licence granted to a particular person, give written notice of the grant, variation or revocation to that person,
b
in the case of a general licence or a licence granted to a category of persons, take such steps as the Treasury consider appropriate to publicise the grant, variation or revocation of the licence.
5
A person commits an offence who, for the purpose of obtaining a licence, knowingly or recklessly —
a
provides information that is false in a material respect, or
b
provides or produces a document that is not what it purports to be.
6
A person who purports to act under the authority of a licence but who fails to comply with any conditions included in the licence commits an offence.
Contravention and circumvention of prohibitions
10
1
A person who contravenes any of the prohibitions in regulations 3 to 7 commits an offence.
2
A person commits an offence who intentionally participates in activities knowing that the object or effect of them is (whether directly or indirectly) —
a
to circumvent any of the prohibitions in regulations 3 to 7, or
b
to enable or facilitate the contravention of any such prohibition.
Information provisions
11
The Schedule (which contains provisions concerning information gathering and disclosure) has effect.
Cooperation with UK or international investigations
12
The Treasury must take such steps as they consider appropriate to cooperate with any investigation, in the United Kingdom or elsewhere, relating to the funds, economic resources or financial transactions of a designated person.
Officers of a body corporate etc.
13
1
Where an offence under these Regulations committed by a body corporate —
a
is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or
b
is attributable to any neglect on the part of any such person,
that person as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
In paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Paragraph (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body for a reference —
a
in the case of a partnership, to a partner;
b
in the case of an unincorporated body other than a partnership —
i
where the body’s affairs are managed by its members, to a member of the body;
ii
in any other case, to a member of the governing body.
Penalties
14
1
A person guilty of an offence under regulation 9 or 10 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.
2
A person guilty of an offence under paragraph 1(5) or 4(1) of the Schedule is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
Proceedings
15
1
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
2
In England and Wales an information relating to an offence that is triable by a magistrates’ court may be so tried if it is laid —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.
3
In Scotland —
a
summary proceedings for an offence may be commenced —
i
before the end of twelve months from the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to the Lord Advocate’s knowledge, and
ii
not later than three years after the commission of the offence; and
b
section 136(3) of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.
4
In Northern Ireland summary proceedings for an offence may be instituted —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor.
5
For the purposes of this regulation a certificate of the prosecutor (or in Scotland, the Lord Advocate) as to the date on which such evidence as is referred to above came to their notice is conclusive evidence.
Consent to prosecution
16
1
Proceedings for an offence under these Regulations (other than a summary offence) may not be instituted —
a
in England and Wales, except by or with the consent of the Attorney General,
b
in Northern Ireland —
i
where the offence is committed wholly or partly outside Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland;
ii
for all other offences, except by or with the consent of the Director for Public Prosecutions for Northern Ireland.
2
Nothing in paragraph (1) prevents —
a
the arrest of a person in respect of an offence under these Regulations, or
b
the remand in custody or on bail of any person charged with such an offence.
Notices
17
1
This regulation has effect in relation to any notice to be given to a person by the Treasury under regulation 9.
2
Any such notice may be given —
a
by posting it to the person’s last known address, or
b
where the person is a body corporate, partnership or unincorporated body other than a partnership, by posting it to the registered or principal office of the body or partnership concerned.
3
Where the Treasury do not have an address for the person, they must make arrangements for the notice to be given to the person at the first available opportunity.
The Crown
18
1
These Regulations bind the Crown.
2
No contravention by the Crown of a provision of these Regulations makes the Crown criminally liable.
3
The High Court or, in Scotland, the Court of Session may, on the application of a person appearing to the court to have an interest, declare unlawful any act or omission of the Crown that constitutes a contravention of a provision of these Regulations.
4
Nothing in this regulation affects Her Majesty in her private capacity.
5
Paragraph (4) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in these Regulations.
Angela Watkinson
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
5th April 2011


text:
Citation and commencement
1
This Order may be cited as the Parliamentary Voting System and Constituencies Act 2011 (Repeal of Alternative Vote Provisions) Order 2011 and comes into force on the day after the day on which it is made.
Repeal of alternative vote provisions
2
In the Parliamentary Voting System and Constituencies Act 2011, the following are repealed —
a
section 9 (the alternative vote system: amendments),
b
Schedule 10 (the alternative vote system: further amendments), and
c
Part 1 of Schedule 12 (repeals: voting system for parliamentary elections).
Mark Harper
Parliamentary Secretary (Minister for Political and Constitutional Reform)
Cabinet Office
7th July 2011


text:
Application, citation and commencement
1
These Regulations, which apply to England only, may be cited as the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (England) Regulations 2011 and shall come into force on 31st March 2011.
Amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989
2
1
Schedule 1A to the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 is amended as follows.
2
In paragraph 2 —
a
in sub-paragraph (2)(b)(ii), for “2011”, substitute “2012”; and
b
in sub-paragraph (3)(b)(ii), for “2011”, substitute “2012”.
3
In paragraph 2A —
a
in sub-paragraph (1), for “the date that these Regulations come into force”, substitute “31st March 2011”;
b
in sub-paragraph (3), after “the existing agreement”, insert “or, for the avoidance of doubt, any earlier agreement replaced by the existing agreement”;
c
in sub-paragraph (4)(a), after “the existing agreement”, insert “or, for the avoidance of doubt, any earlier agreement replaced by the existing agreement”;
d
in sub-paragraph (4)(b), after “the existing agreement was reached”, insert “or, if earlier, the day that any earlier agreement replaced by the existing agreement was originally reached”; and
e
in sub-paragraph (4)(c), for “2011”, substitute “2012”.
Signed by authority of the Secretary of State for Communities and Local Government
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
21st January 2011


text:
Citation, commencement and expiration
1
1
This Order may be cited as the Export Control (Amendment) Order 2011.
2
It comes into force on 27th February 2011.
3
It ceases to have effect on 25th February 2012.
Amendments related to Libyan bank notes
2
1
The Export Control Order 2008 is amended as follows.
2
After article 4A insert —
Movement of Libyan bank notes
4B
1
Subject to article 26, no person shall export uncirculated Libyan bank notes.
2
In paragraphs (1)(a)(i) and (2)(a) of article 41 (application of CEMA in respect of offences), after “4A,” insert “4B,”
.
David Willetts
Minister of State for Universities and Science
Department for Business, Innovation and Skills
27th February 2011


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Fixed Penalty) Regulations 2011 and shall come into force on 1st October 2011.
Fixed penalty offence
2
These Regulations apply to any offence under the Wireless Telegraphy Act 2006 (other than Part 4) which is a summary offence and which is committed after these Regulations come into force.
Amount of fixed penalty
3
The fixed penalty for an offence to which regulation 2 applies is £100.
Jeremy Hunt
Secretary of State for
Culture, Olympics, Media and Sport
23rd August 2011


text:
PART 1 General
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 3) Regulations 2011 and shall come into force on 6th April 2011.
2
Part 3 has effect in relation to Class 2 contributions in respect of contribution weeks beginning on or after 10th April 2011.
Amendment of the Social Security (Contributions) Regulations 2001
2
The Social Security (Contributions) Regulations 2001 are amended as follows.
PART 2 Repayment of Class 1A Contributions
Repayment of Class 1A contributions
3
After regulation 55 insert —
Repayment of Class 1A contributions: certain earnings no longer treated as earnings for income tax purposes
55A
1
Subject to regulations 51 and 57 and to paragraph (2), where an officer of Revenue and Customs is satisfied that an amount treated as earnings in respect of which a Class 1A contribution was paid is no longer treated as earnings in accordance with the provisions of sections 100A and 100B of the Income Tax (Earnings and Pensions) Act 2003 (homes outside UK owned through company etc ) , the amount paid shall be repaid to the person who paid that contribution.
2
The repayment of all or part of a Class 1A contribution under paragraph (1) is subject to the condition that an application shall be made in writing to HMRC on or before 6th April 2015.
.
4
In regulation 51 —
a
in each place it occurs for “the Board” substitute “HMRC”;
b
in paragraph (2) for “to any person under regulation 55(1)” substitute “to any person under regulation 55(1), or regulation 55A,”.
5
In regulation 57(1) after “52A” insert “, 55, 55A”.
PART 3 Payment of Class 2 and Class 3 Contributions
Payment of Class 2 and Class 3 Contributions
6
In regulation 89 —
a
in paragraph (1) after “(2),” insert “(2A),”;
b
after paragraph (1) insert —
1A
Where a person who is liable to pay a Class 2 contribution in respect of any contribution week in a biannual contribution period has notified HMRC of his liability in accordance with the provisions of regulation 87 or 87A HMRC shall, no later than the notification date, issue to him a written notice of the number of contribution weeks in that biannual contribution period and of the weekly rate at which the contribution is payable.
;
c
for paragraph (2) substitute —
2
Where a person who is liable to pay a Class 2 contribution in respect of any contribution week in a biannual contribution period has notified HMRC of his liability in accordance with the provisions of regulation 87 or 87A that person shall, subject to paragraph (4) below, pay to HMRC —
a
the amount of contributions for which he is liable in relation to the first biannual contribution period not later than 31st January following the end of that period;
b
the amount of contributions for which he is liable in relation to the second biannual contribution period not later than 31st July following the end of that period.
;
d
after paragraph (2) insert —
2A
Where —
a
a person who is entitled, although not liable, to pay a Class 2 contribution in any year has notified HMRC of his entitlement in accordance with the provisions of regulation 87 or 87A; and
b
HMRC has, no later than the notification date, issued him with written notice of the amount he may pay in respect of his entitlement in that period;
that person may, if the person so wishes, pay to HMRC a sum not exceeding that amount.
;
e
in paragraph (3) —
i
in sub-paragraph (a) omit “who is entitled although not liable to pay a Class 2 contribution, or”;
ii
after “regulation 87” insert “or 87A”;
iii
in each place it occurs for “the Board” substitute “HMRC”;
f
in paragraph (4) —
i
in the words following sub-paragraph (b) for “28 days after the specified date of notification” substitute “the date for payment specified in the notice”;
ii
in each place it occurs, for “the Board” substitute “HMRC”;
g
for paragraphs (5) to (7) substitute —
5
This paragraph applies to a person who —
a
has notified HMRC in accordance with the provisions of regulation 87 or 87A that —
i
he is liable to pay a Class 2 contribution in respect of one or more weeks in a biannual contribution period, or
ii
he is entitled although not liable to pay a Class 2 contribution in a biannual contribution period, or is entitled to pay a Class 3 contribution in a contribution quarter; and
b
has —
i
not, by the notification date, had written notice issued to him in respect of that week or weeks of the kind referred to in paragraph (2A);
ii
not had written notice issued to him in respect of that week or weeks of a kind mentioned in paragraph (3) and more than 14 days have elapsed since the end of the contribution quarter in question; or
iii
notified HMRC in accordance with regulation 87 or 87A that he has ceased to be liable to pay Class 2 contributions or ceased to be entitled to pay Class 2 or Class 3 contributions as the case may be.
6
This paragraph applies to a person —
a
to whom a written notice of the kind referred to in paragraph (1A), (2A), (3) or (4) has been issued and who has informed HMRC immediately —
i
that the notice he received has since been lost, destroyed or defaced, or
ii
that he disputes the amount of contributions which he is liable or entitled to pay in the biannual contribution period or contribution quarter in question; or
b
who —
i
in relation to a notice of the kind referred to in paragraph (1A) or (2A) has notified HMRC not later than 28 days after the notification date that he has not received such a notice;
ii
in relation to a notice of the kind referred to in paragraph (3) has notified HMRC not later than 28 days after the end of the contribution quarter in question that he has not received such a notice.
7
In this regulation —
a
“biannual contribution period” means either the first biannual contribution period or the second biannual contribution period;
b
“first biannual contribution period” means the 26 contribution weeks beginning with the first day of the first contribution week of any year;
c
“second biannual contribution period” means the period of not less than 26 contribution weeks commencing on the first day of the twenty seventh contribution week in that year;
d
“contribution quarter” means one of the four periods of not less than 13 contribution weeks commencing on the first, fourteenth, twenty-seventh or fortieth contribution week, as the case may be, in any year;
e
“notification date” means —
i
in relation to the first biannual contribution period, 1st December following the end of that period;
ii
in relation to the second biannual contribution period, 1st June following the end of that period.
.
PART 4 Experts seconded to a body of the European Union
Experts seconded to a body of the European Union
7
In Part 8 of Schedule 3 (travelling, relocation and other expenses and allowances to be disregarded in the calculation of employed earner’s earnings) after paragraph 15 insert —
Experts seconded to a body of the European Union
15A
A payment in respect of subsistence allowances paid —
a
by a body of the European Union that is located in the United Kingdom and listed in the table below;
b
to persons who, because of their expertise in matters relating to the subject matter of the functions of the body, are seconded to the body by their employers.
Bodies of the European Union located in the United Kingdom
The European Medicines Agency The European Police College The European Banking Authority
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 2011
The Secretary of State concurs
Signed by authority of the Secretary of State for Work and Pensions
Steve Webb
Minister of State
Department for Work and Pensions
15th March 2011
The Department for Social Development concurs
Sealed with the Official Seal of the Department for Social Development on 10th March 2011
Anne McCleary
A senior officer of the Department for Social Development


text:
Citation and commencement
1
These Regulations may be cited as the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011 and come into force on 24th October 2011.
Amendment of Regulations
2
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 are amended in accordance with regulations 3 to 15.
Interpretation – General
3
1
In regulation 2, the Table in paragraph (5) is amended as follows.
2
For the row containing the expression and meaning of “conformity mark”, substitute —
“conformity mark” The mark referred to in article 14 of the Transportable Pressure Equipment Directive, the form of the mark being set out in article 15 of that Directive.
3
Before the row in which the expression “conformity mark” is given a meaning, insert —
“conformity assessment” The assessment and the procedure for assessment of conformity set out in the Directives.
4
After the row in which the expression “the Dangerous Goods Directive” is given a meaning, insert —
“the Directives” The Dangerous Goods Directive and the Transportable Pressure Equipment Directive.
5
After the row in which the expression “relevant authority” is given a meaning, insert —
“relevant member State” A member State of the EU on whose market the equipment in question has been made available.
6
After the row in which the expression “the security provisions” is given a meaning, insert —
“TPED competent authority” The GB competent authority or the competent national authority in respect of the Transportable Pressure Equipment Directive in Northern Ireland or another member State of the EU.
7
For the row containing the expression and meaning of “the Transportable Pressure Equipment Directive”, substitute —
“the Transportable Pressure Equipment Directive” Directive 2010/35/EU of the European Parliament and the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/ EEC , 84/525/EEC , 84/526/EEC , 84/527/EEC and 1999/36/ EC .
Interpretation of ADR , RID and ADN
4
1
Regulation 3 is amended as follows.
2
In paragraphs (b) and (c), for “Communities” substitute “EU”.
3
Omit paragraphs (f), (g), (h) and (i).
4
In paragraph (l), at the end, omit “and”.
5
In paragraph (m), at the end, for “.” substitute —
;
n
Sub-sections 2.2.1.1.2, 2.2.1.1.3 and 2.2.1.1.4 of ADR apply as if the words “by the competent authority of a Contracting Party” were included after the word “assigned”; and
o
Sub-sections 2.2.1.1.2, 2.2.1.1.3 and 2.2.1.1.4 of RID apply as if the words “by the competent authority of a Member State of COTIF ” were included after the word “assigned”.
.
Derogations and transitional provisions
5
In regulation 11(3), before “Dangerous”, insert “Carriage of”.
Authorisations
6
In the Table in regulation 12(1), after the row containing the entry for the Secretary of State for Defence, insert —
The Secretary of State for Energy and Climate Change The carriage is national carriage and the authorisation relates to prohibitions and requirements arising out of functions for which the Secretary of State for Energy and Climate Change is the GB competent authority.
Obligations relating to the Transportable Pressure Equipment Directive
7
1
For regulation 19, substitute —
Scope of Obligations
19
1
Regulations 19A to 19F apply to transportable pressure equipment within the scope of the Transportable Pressure Equipment Directive by virtue of article 1(2)(a) of that Directive.
2
For the avoidance of doubt, any reference in those regulations to a manufacturer, importer, distributor, owner or operator as “it” is not to be construed as excluding a natural person.
.
2
After regulation 19, insert —
General Obligations
19A
1
A manufacturer, importer, distributor, owner or operator may only place or make available on the market, put into service or use equipment if it ensures that the equipment meets the requirements of the Dangerous Goods Directive.
2
On receipt of a request from the Health and Safety Executive, a manufacturer, importer, distributor, owner or operator must identify to the Executive any manufacturer, importer, distributor or owner who has supplied it with, or to whom it has supplied, equipment over at least the previous 10 years.
3
A request made pursuant to paragraph (2) must —
a
be in writing; and
b
contain a date by which a response is to be provided with that date being reasonable in all the circumstances.
4
Paragraph (5) applies where a manufacturer, importer, distributor or owner provides to an operator information about equipment it has placed or made available on the market, or put into service.
5
The information must comply with the Directives.
6
This regulation does not apply to an owner who is a private individual using or intending to use equipment in the circumstances set out in article 8(4) of the Transportable Pressure Equipment Directive.
Obligations of Manufacturers
19B
1
A manufacturer must —
a
ensure a conformity assessment is carried out by a notified body;
b
mark equipment in accordance with articles 14 and 15 of the Transportable Pressure Equipment Directive; and
c
keep the technical documentation specified in the Dangerous Goods Directive for the period specified in that Directive.
2
Where a manufacturer knows or has reason to believe that equipment it has placed on the market does not comply with the Directives, that manufacturer must —
a
take immediate corrective measures to ensure that the equipment complies with the Directives;
b
withdraw the equipment from the market; or
c
issue a recall of the equipment.
3
Where a manufacturer considers that equipment it has placed on the market presents a risk, that manufacturer must immediately inform the TPED competent authority in any relevant member State of the risk, including providing details of any non-compliance with the Directives and any action taken in accordance with paragraph (2).
4
A manufacturer must record each instance of non-compliance with the Directives and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.
5
On receipt of a reasoned request from a TPED competent authority, a manufacturer must —
a
provide that authority, in a language that it easily understands, all information and documents necessary to show that the equipment meets the requirements of the Directives; and
b
cooperate with that authority in any action it takes to eliminate risks posed by that equipment.
6
This regulation applies to an importer or a distributor as if that person were a manufacturer where the importer or distributor —
a
places equipment on the market under the importer or distributor’s own name or trademark; or
b
modifies equipment already placed on the market in such a way that compliance with the Directives may be affected.
Obligations of Importers
19C
1
An importer must ensure that —
a
the manufacturer has complied with conformity assessment and drawn up the technical documentation in accordance with the Dangerous Goods Directive;
b
equipment has been marked in accordance with articles 14 and 15 of the Transportable Pressure Equipment Directive;
c
the certificate of conformity for the equipment either contains the name and address of the importer or has this information attached to it;
d
the conditions in which equipment under the responsibility of the importer is stored and transported do not jeopardise the equipment’s compliance with the Dangerous Goods Directive; and
e
the technical documentation specified in the Dangerous Goods Directive is kept for the period set out in that Directive.
2
Where an importer knows or has reason to believe that equipment it has placed on the market does not comply with the Directives, that importer must —
a
take immediate corrective measures to ensure that the equipment complies with the Directives;
b
withdraw the equipment from the market; or
c
issue a recall of the equipment.
3
Where an importer considers that equipment presents a risk before it has been placed on the market, that importer must inform the manufacturer and the Health and Safety Executive of the risk.
4
Where an importer considers that equipment it has placed on the market presents a risk, that importer must immediately inform the manufacturer and the TPED competent authority in any relevant member State of the risk, including details of any non-compliance with the Directives and any action taken in accordance with paragraph (2).
5
An importer must record each instance of non-compliance with the Directives and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.
6
On receipt of a reasoned request from a TPED competent authority, an importer must —
a
provide that authority, in a language that it easily understands, all information and documents necessary to show that the equipment meets the requirements of the Directives; and
b
cooperate with that authority in any action taken to eliminate risks posed by that equipment.
Obligations of Distributors
19D
1
A distributor must ensure that —
a
the equipment has been marked in accordance with articles 14 and 15 of the Transportable Pressure Equipment Directive;
b
the certificate of conformity for the equipment contains or has attached to it the name and address of the importer where relevant; and
c
the conditions in which equipment under the responsibility of the distributor is stored and transported do not jeopardise the equipment’s compliance with the Directives.
2
Where a distributor knows or has reason to believe that equipment it made available on the market does not comply with the Directives, that distributor must —
a
take immediate corrective measures to ensure that the equipment complies with the Directives;
b
withdraw the equipment from the market; or
c
issue a recall of the equipment.
3
Where a distributor considers that equipment presents a risk before it has been made available on the market, that distributor must inform —
a
the manufacturer or the importer; and
b
the Health and Safety Executive,
of the risk.
4
Where a distributor considers that equipment it has made available on the market presents a risk, that distributor must immediately inform —
a
the manufacturer or the importer; and
b
the TPED competent authority in any relevant member State,
of the risk, including details of any non-compliance with the Directives and any action taken in accordance with paragraph (2).
5
A distributor must record each instance of non-compliance with the Directives and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.
6
On receipt of a reasoned request from a TPED competent authority, a distributor must —
a
provide that authority, in a language that it easily understands, all information and documents necessary to show that the equipment meets the requirements of the Directives; and
b
cooperate with that authority in any action taken to eliminate risks posed by that equipment.
Obligations of Owners
19E
1
An owner must ensure that equipment for which it is responsible is stored and transported in conditions that do not jeopardise the compliance of that equipment with the Dangerous Goods Directive.
2
Where an owner considers that the owner’s equipment presents a risk, it must inform —
a
the manufacturer, importer or distributor; and
b
the Health and Safety Executive,
of the risk.
3
An owner must record each instance of non-compliance with the Directives and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.
4
This regulation does not apply to private individuals using or intending to use equipment in the circumstances set out in article 8(4) of the Transportable Pressure Equipment Directive.
Obligations of Operators
19F
Where an operator considers that equipment presents a risk, that operator must inform the owner and the Health and Safety Executive of the risk.
.
Authorised Representatives
8
For regulation 20, substitute —
Authorised Representatives
20
1
Subject to paragraph (3), a manufacturer may appoint in writing a person (“an authorised representative”) to carry out some or all of the duties imposed on the manufacturer by regulations 19A and 19B.
2
An appointment made in accordance with paragraph (1) must include at least the following duties —
a
keeping technical documentation;
b
providing to a TPED competent authority, in response to a reasoned request and in a language that it easily understands, the information and documents necessary to show the equipment meets the requirements of the Directives; and
c
cooperating with a TPED competent authority in any action it takes to eliminate risks posed by the equipment.
3
An authorised representative must not be appointed to carry out duties imposed by regulation 19A(2), 19B(1)(a) or 19B(1)(b).
4
The name and address of the authorised representative must be included on the certificate of conformity.
5
An authorised representative must only provide information to an operator that complies with the requirements of the Directives.
.
Reassessment of conformity
9
1
Regulation 21 is amended as follows.
2
In paragraph (1), for “(b)” substitute “(c)”.
3
In paragraph (3)(a) —
a
after “reassessed by a”, insert “type A”; and
b
for “Part II of Annex IV ” substitute “Annex III ”.
4
For paragraph (3)(b), substitute —
b
inspected by a notified body notified for periodic inspection of that equipment and marked in accordance with the requirements of articles 14 and 15 of that Directive.
.
5
For paragraph (4), substitute —
4
But if a pressure receptacle has been manufactured in series to a design type for which a type A notified body notified for reassessment of conformity has issued a certificate of type reassessment, the reassessment of conformity may be undertaken by a notified body notified for periodic inspection of that pressure receptacle.
.
6
After paragraph (4), insert —
5
In this regulation —
a
“certificate of type reassessment” means a certificate issued in accordance with paragraph 7 of Annex III to the Transportable Pressure Equipment Directive; and
b
“type A notified body” means a notified body conforming to standard EN ISO / IEC 17020 type A as revised or reissued from time to time.
.
Periodic inspection and repeated use
10
1
Regulation 22 is amended as follows.
2
In paragraph (1), for “(c)” substitute “(b)”.
3
In paragraph (2) —
a
for “article 10(1) or (2)” substitute “articles 14 and 15”;
b
omit “or the marking for gas cylinders referred to in the second indent of article 1(2)(c) of that Directive”; and
c
for “article 6(1) of the Directive” substitute “the Dangerous Goods Directive”.
4
Omit paragraph (3).
5
In paragraph (4), for “article 10” substitute “articles 14 and 15”.
Competent Authority
11
1
Regulation 25 is amended as follows.
2
After paragraph (3), insert —
3A
The Secretary of State for Energy and Climate Change is the competent authority for those functions in relation to the carriage of class 7 goods for which the Secretary of State for Defence is not the competent authority, except for the function in sub-section 1.10.1.6 of ADR (register of driver training certificates).
.
3
For paragraph (11)(a), substitute —
a
“military explosives” means any class 1 goods —
i
under the control of the Secretary of State for Defence;
ii
held for the service of the Crown for the purposes of the Ministry of Defence;
iii
under the control of one of the armed forces; or
iv
the carriage of which is certified by the Secretary of State for Defence to be in connection with the execution of a contract with the Secretary of State for Defence or with one of the armed forces; and
.
Appointments by the GB competent authority
12
1
Regulation 29 is amended as follows.
2
In paragraph (4), for “Annexes I and II to the Transportable Pressure Equipment Directive” substitute “the Dangerous Goods Directive and the requirements set out in articles 20 and 26 of the Transportable Pressure Equipment Directive.”.
3
Omit paragraph (5).
Enforcement
13
1
Regulation 32 is amended as follows.
2
In paragraph (1)(b), at the end, omit “and”.
3
In paragraph (1)(c), at the end, for “.” substitute —
;
d
the Secretary of State for Energy and Climate Change in relation to the carriage of class 7 goods by road and inland waterways, except in respect of carriage for which the Secretary of State for Defence is an enforcing authority; and
e
the Secretary of State for Defence in relation to road, rail and inland waterways but only in connection with those functions for which the Secretary of State for Defence is the GB competent authority.
.
4
In paragraph (2), for “the enforcing authority” on both occasions the phrase is used substitute “an enforcing authority”.
5
In paragraph (3), for “paragraph (4)”, substitute “paragraphs (4) and (5)”.
6
In paragraph (4), after “enforcing authority”, insert “in relation to the carriage of all classes of goods, except class 7 goods,”
7
After paragraph (4), add —
5
The Secretary of State for Energy and Climate Change is the only enforcing authority in relation to the carriage of class 7 goods to the extent that these Regulations require compliance with the security provisions.
.
Duty to Review
14
After regulation 33, insert —
Duty to Review
34
1
The Secretary of State must —
a
conduct a review of the operation and effect of these Regulations;
b
set out the conclusions of the review in a report; and
c
publish a report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directives are implemented in other member States of the EU.
3
The report must in particular —
a
set out the objectives intended to be achieved by these Regulations;
b
assess the extent to which those objectives are achieved; and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
“Review period” means —
a
the period of five years beginning with the day on which the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011 come into force; and
b
subject to paragraph (5), each successive period of five years.
5
If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
.
Schedule 2 – Radiological Emergencies
15
1
Schedule 2 is amended as follows.
2
In paragraph 4 —
a
in sub-paragraph (1), after “consignor”, insert “and the carrier”; and
b
in sub-paragraph (3), after “consignor”, insert “and the carrier”.
Revocation
16
The Classification and Labelling of Explosives Regulations 1983 are revoked.
Consequential Amendments
17
1
The Regulations specified in the Schedule to these Regulations are amended in accordance with the provisions of that Schedule.
2
The amendments made by this regulation and the Schedule to the Regulations in paragraphs 1 to 6 of the Schedule apply outside Great Britain to the extent that they affect provisions of those Regulations which apply outside Great Britain by virtue of —
a
regulation 5(1) of the Dangerous Substances in Harbour Areas Regulations 1987 ;
b
regulation 3 of the Docks Regulations 1988 ;
c
regulation 14(1) of the Control of Explosives Regulations 1991 ;
d
regulation 10(1) of the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993 ;
e
regulation 7 of the Marking of Plastic Explosives for Detection Regulations 1996 ; and
f
regulation 12 of the Dangerous Substances and Explosive Atmospheres Regulations 2002 .
Signed by authority of the Secretary of State
Theresa Villiers
Minister of State
Department for Transport
26th September 2011