text:
Citation and commencement
1
1
These rules may be cited as the Asylum and Immigration Tribunal (Procedure) (Amendment) Rules 2007.
2
These Rules shall come into force on 10th April 2007.
Amendments to the Asylum and Immigration Tribunal (Procedure) Rules 2005
2
In rule 19(1) of the Asylum and Immigration Tribunal (Procedure) Rules 2005 —
a
for “must”, substitute “may”;
b
omit “the party or his representative”;
c
insert at the beginning of sub-paragraph (a) “the party or his representative”; and
d
for sub-paragraph (b), substitute “(b) there is no good reason for such absence.”.
3
At the end of rule 62(7) of the Asylum and Immigration Tribunal (Procedure) Rules 2005, insert “, unless the Tribunal directs otherwise.”.
Signatory text
Bridget Prentice
Parliamentary Under Secretary of State
Department for Constitutional Affairs
14th March 2007


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order —
a
may be cited as the Bluetongue (Amendment) (No 2) Order 2007; and
b
comes into force on 25th September 2007.
Amendment
2
The Bluetongue Order 2003 is amended in accordance with the Schedule.
Revocation
3
The Bluetongue (Amendment) Order 2007 is revoked.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
24th September 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Transfer of State Pensions and Benefits Regulations 2007 and shall come into force on 1st June 2007.
2
In these Regulations —
“the 1992 Act ” means the Social Security Contributions and Benefits Act 1992 ;
“the Communities’ scheme ” means the pension scheme provided for officials and other servants of Community institutions and bodies in accordance with regulations adopted by the Council of the European Communities ;
“guarantee date” means the date —
by reference to which the cash equivalent value of transferable rights is calculated; and
which falls within a period of three months beginning with the date on which the transfer application is received by the Secretary of State;
“relevant benefit” means benefit under —
sections 36 and 37 of the National Insurance Act 1965 (graduated retirement benefit);
Parts II to V and X of the 1992 Act;
sections 1(2) and 2 of the Jobseekers Act 1995 (contribution-based jobseeker’s allowance);
“statement of entitlement” means a written statement —
of the amount of the cash equivalent at the guarantee date of the transferable rights which have accrued to, or in respect of, the transferor; and
which contains details of the basis of how that amount has been calculated;
“transfer application” means an application referred to in regulation 3(1);
“transferor” means the person who has applied to the Secretary of State to transfer his transferable rights into the Communities’ scheme.
3
References in these Regulations to —
a
relevant benefits include benefits under the corresponding Acts or Orders in force in Northern Ireland;
b
provisions of the 1992 Act or of the Social Security Administration Act 1992 include references to the provisions in force in Northern Ireland corresponding to those provisions.
Transferable rights
2
1
In these Regulations, “transferable rights” means, subject to paragraph (2), any rights to relevant benefits, which, at the guarantee date, have accrued to, or in respect of, a person by virtue of —
a
the payment by that person of Class 1, 2 or 3 contributions under the 1992 Act;
b
that person having been credited with such contributions or with earnings; or
c
contributions of any class paid under the National Insurance Act 1965.
2
Paragraph (1) does not include —
a
any rights under —
i
section 48 of the 1992 Act (use of former spouse’s contributions); or
ii
sections 82 to 86A of that Act (adult dependency increases); or
b
the cash equivalent of the value of the appropriate national health service allocation under section 162 of the Social Security Administration Act 1992 .
3
In determining a person’s rights to relevant benefits for the purposes of this regulation, regulation 6(1) of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 (benefit at reduced rates for those who do not satisfy contribution conditions in full) shall have effect as if the words from “provided” to the end of the paragraph were omitted.
Transfer application
3
1
Except where paragraph (2) applies, a person who wishes to transfer his transferable rights to the Communities’ scheme must make an application to the Secretary of State.
2
The transferor shall be treated as having made an application under paragraph (1) where the Secretary of State receives a copy of the transferor’s application to become a member of the Communities’ scheme.
3
An application under paragraph (1) shall be in such form as the Secretary of State may from time to time approve.
Statement of entitlement
4
1
The Secretary of State shall, subject to paragraph (4), provide the transferor with a statement of entitlement before the end of the period of 14 days beginning with the guarantee date.
2
A statement of entitlement shall remain valid for a period of seven months beginning with the day on which it is issued by the Secretary of State.
3
Where the transferor is not satisfied as to the accuracy of any of the information contained in the statement of entitlement, he shall notify the Secretary of State accordingly within one month of receiving it.
4
The Secretary of State need not provide a statement of entitlement to a transferor if he has provided a statement of entitlement to that transferor in the previous twelve months.
Calculation of the cash equivalent of transferable rights
5
1
The cash equivalent of the transferor’s transferable rights is to be calculated and verified in such manner as may be approved by, or on behalf of, the Government Actuary.
2
Where, at the guarantee date, the transferor is in receipt of one or more relevant benefits, the cash equivalent of any amounts paid in respect of that benefit or those benefits shall be deducted from the total cash equivalent of his transferable rights.
Notice of intention to complete transfer
6
A transfer of a transferor’s transferable rights to the Communities’ scheme may only take place where the Secretary of State has been notified in writing, before the expiry of the period referred to in regulation 4(2), that the transferor wishes the transfer to take place.
Action to be taken by the Secretary of State
7
1
Paragraphs (2) and (3) apply where the Secretary of State receives a notice under regulation 6.
2
Where the Secretary of State is satisfied that the cash equivalent of the transferor’s transferable rights is correct, he must transfer into the Communities’ scheme —
a
an amount in respect of that cash equivalent; and
b
interest accruing on that amount by virtue of regulation 10,
before the end of the period of ten months beginning with the guarantee date.
3
Where the Secretary of State is not satisfied as to the accuracy of the cash equivalent of the transferor’s transferable rights, he shall notify the transferor accordingly and issue a revised statement of entitlement.
4
Where —
a
the Secretary of State receives a notice from a transferor indicating that he wishes to complete a transfer of his transferable rights to the Communities’ scheme; and
b
that notice is received after the expiry of the period referred to in regulation 4(2),
he shall notify the transferor that his application is invalid and that a new application must be made and a new statement of entitlement obtained in accordance with the provisions of these Regulations.
Effect of making a cash equivalent transfer payment
8
1
This regulation applies where the cash equivalent of the transferor’s transferable rights has been transferred into the Communities’ scheme.
2
Section 22(4) of the 1992 Act (earnings factors) shall be read as if it included the following —
or
c
in a case where the cash equivalent of a person’s transferable rights has been transferred in accordance with the Transfer of State Pensions and Benefits Regulations 2007, for the tax year in which that payment was made and any earlier tax year —
i
in the case of 1987-88 or any subsequent tax year, from so much of his earnings as did not exceed the upper earnings limit and upon which primary Class 1 contributions have been paid, treated as paid or credited and from Class 2 and Class 3 contributions; and
ii
in the case of any earlier tax year, from any of his Class 1, 2 or 3 contributions.
.
3
Nothing in the 1992 Act or in regulations made under it shall operate —
a
to entitle the transferor to payment of a relevant benefit from the day on which the transfer takes place;
b
to credit a transferor with any earnings or contributions which accrue from his transferable rights; or
c
to enable the transferor to reduce the number of years in his working life for the purposes of satisfying the second condition in paragraph 5 of Schedule 3 to the 1992 Act by reference to those rights.
4
Where the transferor returns to work in the United Kingdom, he shall not be entitled to credits under —
a
regulation 4 of the Social Security (Credits) Regulations 1975 (starting credits); or
b
regulation 4 of the Social Security (Credits) Regulations (Northern Ireland) 1975 (starting credits).
5
Where, at the date on which the cash equivalent of his transferable rights was transferred, a transferor’s former spouse or civil partner is treating the contributions of the transferor as if they were his own contributions in accordance with section 48 of the 1992 Act (use of former spouse’s contributions), that transfer shall not have the effect of causing the former spouse’s or civil partner’s Category A pension to be re-calculated.
Incorrect amount transferred
9
1
Paragraph (2) applies where —
a
an amount in respect of the cash equivalent of the transferor’s transferable rights has been transferred into the Communities’ scheme (“the transferred amount”); and
b
it subsequently transpires that the cash equivalent of the transferor’s transferable rights was greater than the transferred amount.
2
The Secretary of State shall transfer into the Communities’ scheme an amount equal to the difference between —
a
the cash equivalent of the transferor’s transferable rights and the transferred amount; and
b
the interest accrued under regulation 10 on the cash equivalent of the transferor’s transferable rights and the interest accrued under that regulation on the transferred amount.
Interest
10
1
Interest shall accrue on the cash equivalent of the transferor’s transferable rights in respect of the period beginning on the guarantee date and ending on the day on which an amount in respect of that cash equivalent is transferred by virtue of regulation 7(2).
2
Interest shall accrue under paragraph (1) at an annual rate to be determined by the Secretary of State on the advice of the Government Actuary.
Time limits
11
The periods specified in regulations 4, 6 and 7 may be extended by the Secretary of State if he considers it reasonable to do so in any particular case.
Financial provision
12
Payments of cash equivalents of transferable rights made by the Secretary of State by virtue of these Regulations shall be paid out of monies provided by Parliament.
Signed by authority of the Secretary of State for Work and Pensions.
Bill McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
4th May 2007


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment No. 2) Regulations 2007 and shall come into force on 1 st October 2007.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 .
3
These Regulations apply in relation to England.
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation), after the definition of “the 2002 Act”, insert —
“the 2006 Act ” means the National Health Service Act 2006;
.
Amendment of regulation 6 of the principal Regulations
3
At the end of regulation 6 of the principal Regulations (limitations and restrictions on the exercise of functions relevant to both Strategic Health Authorities and Primary Care Trusts), add the following paragraph —
6
The Secretary of State’s function under paragraph 11(3) of Schedule 3 to the 2006 Act (remuneration, pensions etc of members) is to be exercisable by a Strategic Health Authority or Primary Care Trust only in relation to an Executive Committee appointed under regulation 9(1) of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 (appointment of committees and sub-committees).
.
Amendment of Schedule 1 to the principal Regulations
4
At the end of Part 2 of Schedule 1 to the principal Regulations (Secretary of State Functions Exercisable by (A) Primary Care Trusts and (B) Strategic Health Authorities for Specified Purposes Only) —
a
in column (1), add the following entry —
The 2006 Act —
Schedule 3, paragraph 11(3)
;
b
in column (2), add the following entry —
Determination of travelling and other allowances payable to members of a committee of a Primary Care Trust
.
Signed by authority of the Secretary of State for Health
Andy Burnham
Minister of State,
Department of Health
24th June 2007


text:
Citation and commencement
1
These Rules may be cited as the Magistrates’ Courts (Parenting Orders) (Amendment) Rules 2007 and come into force on 1st September 2007.
Amendment of the Magistrates’ Courts (Parenting Orders) Rules 2004
2
The Magistrates’ Courts (Parenting Orders) Rules 2004 are amended as follows.
3
After rule 6, insert the following —
7
An application for a parenting order made under section 26A (parenting orders in respect of anti-social behaviour: local authorities) of the 2003 Act shall be made by complaint and in the form set out at Schedule 5 or a form to like effect.
8
A parenting order made under section 26A of the 2003 Act shall be in the form set out in Schedule 6 or a form to like effect.
9
An application for a parenting order made under section 26B (parenting orders in respect of anti-social behaviour: registered social landlords) of the 2003 Act shall be made by complaint and in the form set out at Schedule 7 or a form to like effect.
10
A parenting order made under section 26B of the 2003 Act shall be in the form set out in Schedule 8 or a form to like effect.
.
Amendment of Schedule 1
4
In Schedule 1 (Application for Parenting Order (Anti-social Behaviour Act 2003, section 20)) —
a
for “Child or young person’s age:” substitute —
Child or young person’s age and date of birth (or date on which they are believed to have been born):
;
b
for “Applicant Local Education Authority:” substitute —
Applicant:
[Local Education Authority:
[Governing Body of the [ ]
School’s address: [ ]]
[School from which the pupil was excluded, if different:
School’s address: [ ]]
[School at which the behaviour which would warrant exclusion from school on disciplinary grounds took place, if different:
School’s address: [ ]]
;
c
for “(a) the child or young person has been excluded from school on disciplinary grounds;” substitute —
a
[the child or young person has been excluded from school on disciplinary grounds;] [the child or young person has engaged in behaviour [insert details] which would warrant exclusion from school on disciplinary grounds;]
; and
d
after “[It is alleged that the parent(s) have refused to enter into a parenting contract.]” insert —
[It is alleged that the parent(s) have failed without reasonable excuse to attend a reintegration interview.]
;
e
after “[The child or young person is under 16. Information as to the family circumstances of the child or young person is attached.]”, insert —
It is alleged that making the order would be desirable in the interests of preventing the child or young person from engaging in behaviour which would warrant their exclusion from school on disciplinary grounds for a fixed period or permanently. The court is requested to make such an order in respect of [ insert person’s name ] [and] [ insert person’s name ].
[The applicant requests the court to order that the person(s) named above attend for a period of [ insert number ] months a counselling or guidance programme to be specified in directions given by the responsible officer.]
; and
f
for —
Short Description of the counselling/guidance programme to be attended by the parent(s)/guardian(s):
Further requirements to be included in the order:
,
substitute —
Short description of such residential course to be attended by the parent(s)/guardian(s):
The applicant requests the court to order that the parent(s)/guardian(s) comply for a period of [ insert number ] months with requirements to be specified in the Parenting Order as follows:
.
Amendment of Schedule 2
5
In Schedule 2 (Parenting Order (Anti-social Behaviour Act 2003, section 20)) —
a
for “Applicant Local Education Authority” substitute —
Applicant Local Education Authority/School Governing Body
;
b
for the paragraph beginning “[ insert child/young person’s name ]” substitute the following —
[[ insert child/young person’s name ] of [ insert address ] who is believed to have been born on [ insert date of birth ], [a registered pupil][formerly a registered pupil] at [ details of school ]] has [been excluded from [details of school from which the child or young person has been excluded, if different ] on disciplinary grounds] and the prescribed conditions are met [ insert details ].]
[The court is satisfied that [ insert child/young person’s name ] of [ insert address ] who is believed to have been born on [ insert date of birth ], [a registered pupil at [ details of school ]] has engaged in behaviour which would warrant exclusion from school on disciplinary grounds] and the prescribed conditions are met.]
; and
c
for the paragraph beginning “Decision:” substitute —
Decision: In exercise of its powers under section 20(3) of the Anti-social Behaviour Act 2003 (“the 2003 Act”) and having complied with its duties under that section[, and having complied with its duty under section 21(1) of the 2003 Act in taking into account the failure of the persons named above to [enter into][comply with] a parenting contract][, and having complied with its duty under section 21(1A) of the 2003 Act in taking into account the failure of the persons named above without reasonable excuse to enter into a reintegration interview], the court has decided to impose a parenting order on the person(s) named above being parent(s) of the pupil because the court considers that the order would be desirable in the interests of improving the behaviour of the pupil.
.
Amendment of Schedule 3
6
In Schedule 3 (Application for Parenting Order (Anti-social Behaviour Act 2003, section 26)) —
a
for “Child or young person’s age:” substitute —
Child or young person’s age and date of birth (or date on which they are believed to have been born):
;
b
after “[The child or young person is under 16. Information as to the family circumstances of the child or young person is attached.]” insert —
It is alleged that making the order would be desirable in the interests of preventing the child or young person from engaging in further criminal conduct or further anti-social behaviour. The court is requested to make such an order in respect of [ insert person’s name ] [and] [ insert person’s name. ].
[The applicant requests the court to order that the person (s) named above attend for a period of [ insert number ] months a counselling or guidance programme to be specified in directions given by the responsible officer.]
; and
c
for —
Short description of the counselling/guidance programme to be attended by the parent(s)/guardian(s):
Further requirements to be included in the order:
,
substitute —
Short description of such residential course to be attended by the parent(s)/guardian(s):
The applicant requests the court to order that the parent(s)/guardian(s) comply for a period of [ insert number ] months with requirements to be specified in the Parenting Order as follows:
.
7
After Schedule 4, insert the Schedules set out in the Schedule to these Rules.
Phillips of Worth Matravers CJ
13th July 2007
I concur
Jack Straw
The Lord Chancellor
23rd July 2007


text:
Citation and interpretation
1
1
This Order may be cited as the Pensions Act 2007 (Commencement No. 1) Order 2007.
2
In this Order “ the Act ” means the Pensions Act 2007.
Appointed day
2
The day appointed for the coming into force of —
a
section 17 of the Act (removal of Secretary of State’s role in approving actuarial guidance);
b
Schedule 5 to the Act (removal of Secretary of State’s role in approving actuarial guidance); and
c
Part 8 of Schedule 7 to the Act (removal of Secretary of State’s role in approving actuarial guidance), and section 27(7) of the Act in so far as it relates to that Part,
is 1st November 2007.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
22nd October 2007


text:
Title and commencement
1
These Regulations may be cited as the Greenhouse Gas Emissions Trading Scheme (Amendment No. 2) Regulations 2007 and come into force on 31st December 2007.
Amendment of the Greenhouse Gas Emissions Trading Scheme Regulations 2005
2
The Greenhouse Gas Emissions Trading Scheme Regulations 2005 are amended in accordance with the provisions of these Regulations.
3
1
In paragraph (1) of regulation 2 (interpretation) —
a
at the appropriate place, insert —
“ AAU ” means assigned amount unit and has the meaning given to it in Article 2(e) of the Registries Regulation;
“ RMU ” means removal unit and has the meaning given to it in Article 2(r) of the Registries Regulation;
b
in the definition of “the Monitoring and Reporting Decision” substitute “ 2007/589/ EC as amended from time to time” for “ 2004/156/EC ”;
c
in the definition of “Registries Regulation” after “December 2004” insert “as amended from time to time”.
4
For paragraph (4)(e) of regulation 15 (transfer of greenhouse gas emissions permits), substitute —
e
where an application for an allocation of allowances from the late installation element of the new entrant reserve has been made under regulation 22A in respect of the installation to which the permit relates and the regulator has not determined the application in accordance with regulation 22A(11), specify whether the application under regulation 22A relates to the transferred unit.
.
5
In paragraph (3)(b) of regulation 16 (applications to surrender a greenhouse gas emissions permit), delete “, or a proportion of those allowances,” and “or a proportion of its allocation”.
6
In paragraph (9) of regulation 21 (allocation and issue of allowances), after “or to the date” delete “of” and insert “specified in”.
7
In paragraph (9) of regulation 21A (allocation by auction or sale), after “a notice” insert “, which shall be an instruction to the registry administrator for the purposes of Article 48a of the Registries Regulation,”.
8
1
Regulation 22 (application for an allocation from the new entrant reserve) is amended as follows.
2
In paragraph (4), delete “(6) or”.
3
Delete paragraphs (5) and (6).
4
In paragraph (7), delete “, or deemed to have been made under paragraph (1) in accordance with paragraph (5),”.
5
For paragraph (10), substitute —
10
Subject to paragraph (11), the regulator must give notice under paragraph (13) of its determination of an application under paragraph (1) within a period of two months beginning on the date on which the application is received by the regulator, or within such longer period as may be agreed in writing by the applicant.
.
6
In paragraph (21), substitute “the automatic national allocation plan table change process in Article 44(2) and Article” for “Article 42 or”.
9
For regulation 22A (application for an allocation for late installations), substitute —
22A
1
Before 1st January 2010, an operator of an installation may apply to the regulator and, where the regulator is not the Environment Agency, shall send a copy of that application to the Environment Agency, for an allocation of allowances from the element of the new entrant reserve which, in accordance with an approved national allocation plan, has been set aside for late installations.
2
The regulator shall notify the operator and, where the regulator is not the Environment Agency, the Environment Agency of whether the application under paragraph (1) is duly made within 21 working days of receipt of the application and, where the regulator does not notify within this time, the application shall be deemed to have been duly made.
3
Where an operator has not made an application for a greenhouse gas emissions permit under regulation 8(1), an application for a permit must be made at the same time as an application under paragraph (1).
4
An application under paragraph (1) shall contain such information as the regulator may reasonably require for the purpose of determining the application in accordance with the approved national allocation plan, this regulation and regulation 22B and shall be accompanied by the fee prescribed in a charging scheme under regulation 18 or 19.
5
Where an application under paragraph (1) relates to an offshore installation, the fee prescribed in the charging scheme in respect of the application shall be payable within the period of 28 days beginning on the date on which the regulator serves a notice on the operator requesting payment of the fee.
6
If an operator fails to pay the fee in accordance with paragraph (5) the regulator may reject the application.
7
The regulator may, by notice to the applicant, require the applicant to furnish such further information specified in the notice, within the period so specified, as the regulator may require for the purpose of determining the application and, if the applicant fails to furnish the information within the period specified and the regulator gives notice to the applicant that it treats the application as having been withdrawn, the application shall be deemed to have been withdrawn at the end of the specified period.
8
Subject to paragraph (9), the regulator must give notice under paragraph (11) of its determination of an application under paragraph (1) within a period of two months beginning on the date on which the application was received by the regulator, or within such longer period as may be agreed in writing by the applicant.
9
For the purposes of calculating the period of two months mentioned in paragraph (8) no account shall be taken of any period beginning with the date on which notice is served on the applicant under paragraph (7) and ending on the date on which the applicant furnishes the information specified in the notice.
10
If the regulator fails to give notice of its determination of an application under paragraph (1) within the period allowed by paragraph (8), the application shall be deemed to have been rejected if the operator notifies the regulator that it treats the application as having been rejected.
11
Where an application under paragraph (1) is duly made to the regulator, the regulator must, in accordance with the provisions of the approved national allocation plan —
a
determine the eligible allocation and, subject to paragraphs (12) and (13), allocate allowances to the operator in respect of the installation to which the application relates, or
b
reject the application,
by serving a notice on the operator and, in the case of an allocation under sub-paragraph (a), on the registry administrator.
12
Allocations of allowances to operators under paragraph (11)(a) must be made in the order that duly made applications are received by the Environment Agency under paragraph (1).
13
Where a notice has been served under paragraph (11)(a) but allocations are not immediately allocated, the regulator may serve a further notice under paragraph (11)(a) allocating the allowances.
14
Where the eligible allocation is greater than the number of available allowances, a notice under paragraph (11)(a) shall allocate the available allowances and the regulator may make additional allocations of allowances under paragraph (11)(a) in accordance with paragraph (12) if additional allowances subsequently become available in the late installation element of the new entrant reserve until the number of allowances allocated under paragraph (11)(a) equals the eligible allocation.
15
Where an allocation of allowances is made under paragraph (11)(a), a notice under that paragraph shall specify —
a
the operator and installation identification code of the installation in respect of which the allocation is made and the permit identification code of the greenhouse gas emissions permit which relates to that installation; and
b
the allocation of allowances to the operator in respect of the installation including the number of allowances to be issued, subject to regulations 22C and 23(3), in each remaining year or part year of the phase in relation to which the allocation is made and the date on which the allowances will be issued in the year in which the notice is served.
16
A notice under paragraph (11)(a) shall be an instruction to the registry administrator for the purposes of the automatic national allocation plan table change in Article 44(2) and Article 48 of the Registries Regulation.
17
Where an application under regulation 15(1) specifies that an application under paragraph (1) in respect of the installation relates to the transferred unit, any allocation of allowances under paragraph (11)(a) made after the transfer takes effect shall be allocated to the proposed transferee.
18
For the purposes of this regulation the eligible allocation shall be calculated in accordance with regulation 22B.
19
Where —
a
the regulator rejects an application under paragraph (11)(b), or
b
an operator appeals the determination of the regulator under paragraph (11)(a),
the regulator may set aside an appropriate amount of allowances in the late installations element of the new entrant reserve pending either the expiry of the time in which an appeal must be notified under paragraph 2(1)(e) of Schedule 2 or the determination of the appeal.
20
For the purposes of this regulation —
“available allowances” means allowances —
in the element of the new entrant reserve set aside for late installations as set out in the approved national allocation plan, or
which have been added to that element of the new entrant reserve by the Secretary of State,
which have been neither allocated or set aside in accordance with this regulation nor removed from the reserve by virtue of a correction to the national allocation plan table made under Article 44(2) of the Registries Regulation;
“proposed transferee” and “transferred unit” shall have the same meaning as in regulation 15(1) and (4).
.
10
For regulation 22B (eligible allocations), substitute —
22B
1
For the purposes of an application made under regulation 22A(1) the eligible allocation shall be the allocation for the year in which the permit is issued or, where the permit is issued before the start of a phase, the allocation for the first year of that phase, plus the annual allocations for the remaining years of the phase.
2
For the purposes of paragraph (1), the allocation for the year in which the permit is issued shall be calculated using the following formula:
Z =
D
365
× X
Where:
Z is the allocation for the year in which the permit is issued;
X is the annual allocation calculated in accordance with paragraphs (3);
D (permitted days) is the number of days comprised in the period beginning on the date upon which the installation became the subject of a greenhouse gas emissions permit and ending at the end of the same calendar year.
3
The annual allocation shall, for the purposes of paragraph (1), be calculated using the following formula:
X = A × S × L
Where:
X is the annual allocation;
A (gross annual allocation) is —
for installations that commenced operation before 1st January 2004, the verified relevant emissions of the installation calculated in accordance with section 3 and appendix C of the approved national allocation plan;
for installations that commenced operation on or after 1st January 2004 or that do not have the data available to calculate their emissions under sub-paragraph (a), the verified gross annual allocation calculated in accordance with section E6 of appendix D of the approved national allocation plan;
S (sector reduction factor) is the number listed as the sector reduction factor in the table in Schedule 7 adjacent to the sector in which, in accordance with the approved national allocation plan, the Secretary of State considers the installation should be classified;
L (late installation reduction factor) is —
where an application for a greenhouse gas emissions permit in respect of an installation that should have been covered by a permit in the first phase was made —
on or before 28th February 2007, 100%;
before 1st January 2008, 60%;
on or after 1st January 2008, 25%;
where an application for a greenhouse gas emissions permit in respect of an installation in an expansion sector of the phase was made —
before 1st January 2008, 100%;
on or before 30th June 2008, 90%;
after 30th June 2008, 75%.
4
For the purposes of this regulation —
“verified” means verified in accordance with the guidance issued by the Secretary of State on 31st March 2006 entitled “Guidance on baseline verification data” ; and
“expansion sector” has the meaning given to it in an approved national allocation plan.
.
11
For regulation 23 (allowance allocation where permit varied, surrendered or revoked), substitute —
23
1
Where a greenhouse gas emissions permit is varied under regulation 14 so that it no longer applies to an installation in which the operator has ceased to carry out a Schedule 1 activity, surrendered under regulation 16 or revoked under regulation 17(1), the regulator must notify the Secretary of State and the registry administrator.
2
A notice under paragraph (1) to the registry administrator shall be an instruction for the purposes of Article 17(3) of the Registries Regulation.
3
Where the regulator notifies the Secretary of State that a greenhouse gas emissions permit has been varied so that it no longer applies to an installation in which the operator has ceased to carry out a Schedule 1 activity, surrendered or revoked, the Secretary of State shall take steps to ensure that no further allowances are issued in respect of the installation which has ceased to be the subject of a permit from the date on which the variation notice, the notice of surrender or the revocation notice takes effect.
4
The steps which the Secretary of State may take for the purposes of paragraph (3) includes instructing the registry administrator by notice not to issue any further allowances in respect of that installation.
5
The registry administrator must comply with any notice served by the Secretary of State under paragraph (4).
.
12
1
Regulation 24 (applications to retain allocation) is amended as follows.
2
In paragraph (1), delete “, or a proportion of the allowances,”.
3
For paragraph (7)(a), substitute —
a
accept the application and provide, subject to such conditions as the regulator considers appropriate, for all the allowances allocated in respect of the installation for the scheme phase to which the application relates to be retained, or
.
4
Delete paragraphs (9) and (10).
13
1
Regulation 25 (supplementary decisions by the regulator or the Secretary of State) is amended as follows.
2
In paragraph (1)(a)(ii), substitute “22A(1)” for “24(1)”.
3
In paragraph (5), after “over-allocation” insert —
, and such steps may include —
a
an instruction to the registry administrator under Article 44 of the Registries Regulation to amend the allocation relating to the new entrant; and
b
a revocation of a previous instruction under Article 48 of the Registries Regulation.
.
4
In paragraph (7)(b), delete “or”.
5
Delete paragraph (7)(c).
6
In paragraph (16), in the definition of “over-allocation”, delete sub-paragraph (ii).
14
In paragraph (17) of regulation 26 (registry), after “all” insert “ AAUs , RMUs ,”.
15
In paragraph (4) of regulation 30 (power of the regulator to determine reportable emissions), substitute “51(3)” for “51(2)”.
16
For paragraph (3)(b) of regulation 32 (appeals against a decision of, or a notice served by, the regulator or registry administrator), substitute —
b
an operator whose application for an allocation from the new entrant reserve under regulation 22(1) or 22A(1) is rejected or who is aggrieved by the provisions of a notice under 22(13)(a) or (b), (17) or (18), regulation 22A(11)(a) or regulation 22C
.
17
In paragraph (3)(b) of regulation 33 (appeals for reconsideration of decisions), delete “or 22A(5)”.
18
For paragraph (4) of regulation 39 (civil penalties: excess emissions) substitute —
4
In relation to paragraph (3)(b), the reference to an amount in Euro shall be taken to be a reference to the sterling equivalent of that number of Euro, converted by reference to the first rate of conversion to be published in September of the scheme year preceding that in which the liability for the penalty arose in the C series of the Official Journal of the European Communities.
.
19
In paragraph (1) of regulation 46 (agreement of Scottish Ministers, the National Assembly for Wales and the Department for Environment), delete “22A(5),”.
20
1
Schedule 2 (appeals (other than appeals to which schedule 4 applies)) is amended as follows.
2
In paragraph 2(1)(c), delete “other than an appeal which relates to a notice issued under regulation 22A(5)”.
3
Delete paragraph 2(1)(h).
21
For the table in Schedule 7 (table of sector and new entrant reserve reduction factors), substitute —
Sector Reduction factor (%)
(*)
Where an element of an installation in any sector in this table is defined as good quality CHP in accordance with the approved national allocation plan, the reduction factor percentage for CHP shall be applied to that element
Aluminium 102.53 Cement 97.30 Ceramics 95.16 Chemicals 95.45 Downstream Gas 65.64 Food & Drink 88.68 Glass 109.46 Iron & Steel 109.92 Large Electricity Producers 61.82 Lime 109.64 Offshore 73.05 Other Electricity Producers 89.26 Others A 132.18 Others B 121.87 Others C 76.58 Pulp & Paper 102.76 Refineries 99.40 Services 84.99 CHP 95.14
Phil Woolas
Minister of State
Department for Environment, Food and Rural Affairs
4th December 2007


text:
Citation, commencement, interpretation and revocation
1
1
These Regulations may be cited as the Community Drivers’ Hours and Recording Equipment Regulations 2007 and shall come into force on the seventh day after the day on which they are made.
2
In these Regulations —
“the Community Drivers’ Hours Regulation ” means Regulation (EC) No 561/2006 of the European Parliament and of the Council as amended from time to time;
“the Community Recording Equipment Regulation ” means Council Regulation (EEC) No 3821/85 as amended from time to time; and
“the 1968 Act ” means the Transport Act 1968.
3
Any expression used in these Regulations which is used in the Community Drivers’ Hours Regulation has the same meaning as in that Regulation.
4
The following provisions are revoked —
a
the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 ;
b
the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) (Amendment) Regulations 1986 ;
c
the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) (Amendment) Regulations 1987 ;
d
the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) (Amendment) Regulations 1988 ;
e
the Community Drivers’ Hours and Recording Equipment (Amendment) Regulations 1998 ; and
f
paragraph 7 of the Schedule to the Railways Act 1993 (Consequential Modifications) Order 1994 .
Exemption from the Community Drivers’ Hours Regulation
2
1
Pursuant to Article 13(1) of the Community Drivers’ Hours Regulation, exemption is granted from Articles 6, 7, 8 and 9 of that Regulation in respect of —
a
any vehicle falling within a description specified in Part 1 of the Schedule to these Regulations, and
b
any vehicle —
i
which has a maximum permissible mass not exceeding 7.5 tonnes,
ii
which is being used to deliver items as part of a universal service by a universal service provider as defined in Article 2(13) of Directive 97/67/ EC of the European Parliament and of the Council on common rules for the development of the internal market of Community postal services,
iii
which is being used within a 50 kilometre radius from the base of the universal service provider, and
iv
the driving of which does not constitute the driver’s main activity.
2
Pursuant to Article 14(1) of the Community Drivers’ Hours Regulation, exemption is granted from Articles 6, 7, 8 and 9 of that Regulation in respect of any vehicle falling within a description specified in Part 2 of the Schedule to these Regulations.
Supplementary provisions relating to the Community Drivers’ Hours Regulation
3
For the purpose of Article 3(i) of the Community Drivers’ Hours Regulation a vehicle has a historic status if it is a vehicle which is by virtue of its construction and equipment suitable for carrying passengers or goods and which was manufactured more than 25 years before the date on which it is being driven.
Exemption from the Community Recording Equipment Regulation
4
1
Pursuant to Article 3(2) of the Community Recording Equipment Regulation, exemption is granted from the provisions of that Regulation in respect of any vehicle falling within a description specified in Part 1 of the Schedule to these Regulations.
2
Pursuant to Article 3(3) of the Community Recording Equipment Regulation, exemption is granted from the provisions of that Regulation in respect of:
a
any vehicle falling within a description specified in Part 2 of the Schedule to these Regulations; and
b
any vehicle being used for collecting sea coal.
Amendment of Part 6 of the Transport Act 1968
5
The 1968 Act is amended as follows.
6
In section 95(2) for paragraph (c) substitute —
c
vehicles not falling within paragraph (a) or (b) of this subsection which —
i
are vehicles within the meaning given by Article 4 of the Community Drivers’ Hours Regulation; and
ii
are not referred to in Article 3 of that Regulation.
.
7
In section 96 —
a
in subsection (11A) —
i
omit the words “in Great Britain”;
ii
for the words from “any other person” to “the contravention” substitute “the offender’s employer, and any other person to whose orders the offender was subject,”;
b
in subsection (11B), after paragraph (b) insert —
; or
c
being charged as mentioned in paragraph (b), he proves —
i
that at the time of the contravention he was complying with Article 10(1) (distance-related payments etc ) and Article 10(2) (organisation of drivers’ work etc) of the Community Drivers’ Hours Regulation; and
ii
that he took all reasonable steps to avoid the contravention.
;
c
after subsection (11B) insert —
11C
A person who —
a
is subject to the requirement imposed by Article 10(4) of the Community Drivers’ Hours Regulation (undertakings etc to ensure that contractually agreed transport time schedules respect that Regulation); and
b
fails to take all reasonable steps to comply with that requirement,
shall be liable on summary conviction to a fine not exceeding level 4 on the standard
scale.
.
8
In section 103(1) —
a
after the definition of “the analogue recording equipment” insert —
“the Community Drivers’ Hours Regulation” means Regulation (EC) No. 561/2006 of the European Parliament and of the Council as amended from time to time;
, and
b
at the end of the definition of “the applicable Community Rules” insert —
and includes the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970 , as amended, as applied by Article 2(3) of the Community Drivers’ Hours Regulation
.
Signed by authority of the Secretary of State for Transport
S.J.Ladyman
Minister of State
Department for Transport
25th June 2007


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Loan Relationships and Derivative Contracts (Change of Accounting Practice) (Amendment) (No. 2) Regulations 2007 and shall come into force on 27th December 2007.
2
These Regulations have effect in relation to accounting periods beginning on or after 1st January 2008.
Amendment of the Loan Relationships and Derivative Contracts (Change of Accounting Practice) Regulations 2004
2
The Loan Relationships and Derivative Contracts (Change of Accounting Practice) Regulations 2004 are amended as follows.
Amendment of regulation 2
3
In regulation 2 (interpretation), insert at the end —
“qualifying transfer” means —
a
a transaction to which section 343(1) of the Income and Corporation Taxes Act 1988 (company reconstruction without a change of ownership) applies,
b
a transaction to which that section would apply if for “trade” there were substituted “investment business or property business”, or
c
a transfer of a business which consists of the effecting or carrying out of contracts of long-term insurance from one person to another person (“the transferee”);
“successor” has the meaning given by section 343(1) of the Income and Corporation Taxes Act 1988;
“transferee” shall be construed in accordance with paragraph (c) of “qualifying transfer”.
Amendment of regulation 3A
4
In regulation 3A (prescribed debits and credits brought into account over prescribed period) , omit paragraph (8).
Substitution of regulation 3B
5
For regulation 3B substitute —
Prescribed debits and credits in relation to dormant accounts
3B
1
The debits and credits prescribed in regulation 4(1)(or (b) which are specified in paragraph (2) (“the specified amounts”) shall be brought into account in accounting periods of the company beginning on or after 1st January 2008 in accordance with this regulation, but only to the extent that they represent the reversal of amounts that have been brought into account for corporation tax in accounting periods before the later period.
2
The specified debits and credits are those which represent an adjustment in the value for accounting purposes of a liability owed by a bank or building society to a depositor which at the end of the earlier period had no carrying value.
3
One tenth of the specified amounts shall be allocated to each year in the prescribed period.
4
If amounts representing fractions of the specified amounts fall under paragraph (3) to be allocated to a year these amounts shall be —
a
apportioned between the accounting periods beginning or ending in that year, and
b
brought into account in the periods to which they are so apportioned, subject to paragraph (6).
5
An apportionment between accounting periods of amounts allocated under paragraph (3) to any year shall be made according to how much of the year is included in each period, and, if that year and the accounting period are the same, the apportionment shall be effected by the allocation of the whole of the amounts to that accounting period.
6
Where the prescribed period began before 1st January 2008, the debits and credits specified in paragraph (2) that would have been brought into account in accounting periods beginning before that date if regulation 3A had applied to those debits and credits from the beginning of the prescribed period shall be brought into account in the first accounting period beginning on or after that date.
7
If a company ceases to be within the charge to corporation tax before the end of the prescribed period, the whole of the specified amounts, so far as they have not fallen to be brought into account for an earlier accounting period, shall be brought into account as a credit or debit for the accounting period ending when the company ceases to be within that charge.
This paragraph does not apply if paragraph (8) applies.
8
In a case where there is a qualifying transfer —
a
these Regulations apply to the successor or transferee for the remainder of the prescribed period for the purpose of bringing into account the specified amounts, so far as they have not fallen to be brought into account for an earlier accounting period, and
b
if —
i
there are two or more successors or transferees, or
ii
the transfer is of part only of the business,
those specified amounts shall be apportioned between the parties in a manner that is just and reasonable in the circumstances.
9
Paragraph 8 does not apply where the successor or transferee is resident outside the United Kingdom unless the business to which the qualifying transfer relates is carried on by the successor or transferee through a permanent establishment in the United Kingdom.
10
In this regulation —
“bank” has the meaning given by section 840A of the Income and Corporation Taxes Act 1988 ;
“building society” has the meaning given by section 832(1) of that Act;
“carrying value” has the meaning given by paragraph 19A(4A) of Schedule 9 to the Finance Act 1996 ;
“prescribed period” has the meaning given by regulation 3A(2).
Alan Campbell
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
5th December 2007


text:
Citation and commencement
1
1
This Order may be cited as the District of South Northamptonshire (Electoral Changes) (Amendment) Order 2007.
2
This Order comes into force on the day after that on which it is made.
Amendment to the 2006 Order
2
1
The District of South Northamptonshire (Electoral Changes) Order 2006 shall be amended as follows:
2
In article 2 the words “Revised (2007) Map referred to in the District of South Northamptonshire (Electoral Changes) Order 2006” shall be substituted for the words “Map referred to in the District of South Northamptonshire (Electoral Changes) Order 2006”.
Sealed with the seal of the Electoral Commission on the 25th day of January 2007
Sam Younger
Chairman of the Commission
25th January 2007
Peter Wardle
Chief Executive to the Commission
25th January 2007


text:
Citation and commencement
1
This Order —
a
may be cited as the Movement of Animals (Restrictions) (England) (Amendment) Order 2007; and
b
comes into force at 3.00 p.m. on 25th September 2007.
Amendment
2
1
The Movement of Animals (Restrictions) (England) Order 2002 is amended as follows.
2
For article 5, substitute —
Declaration of a temporary control area
5
1
If the Secretary of State suspects that —
a
disease exists on any premises; or
b
animals on any premises may be or have been exposed to disease,
he may declare in writing an area to be a temporary control area.
2
A temporary control area shall be of such size as the Secretary of State thinks necessary in order to prevent the spread of disease.
3
Any premises which are partly inside and partly outside a temporary control area shall be deemed to be wholly within that area.
4
In a declaration under paragraph (1), the Secretary of State shall —
a
specify the disease which the Secretary of State suspects to exist, or, if no specific disease is suspected, state that the Secretary of State suspects disease to exist; and
b
specify the species of animal to which the declaration applies.
5
The Secretary of State may specify in a declaration under paragraph (1) —
a
the biosecurity measures which shall be taken on premises in a temporary control area or in any part of that area; and
b
such other measures which are to apply in the temporary control area, or in any part of that area, as the Secretary of State considers necessary in order to prevent the spread of disease.
6
The Secretary of State may prohibit in a declaration under paragraph (1) the movement of any animal or thing capable of spreading disease —
a
into or out of the temporary control area; and
b
onto or from any premises in the temporary control area.
7
But a person may move any such animal or thing under the authority of a licence issued by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.
8
A person to whom a requirement or prohibition in a declaration under paragraph (1) applies shall —
a
comply with the requirement or prohibition; and
b
comply with any reasonable request which a veterinary inspector or an inspector of the local authority may make to ensure that the requirement or prohibition is complied with.
9
The Secretary of State may revoke or amend in writing a declaration under paragraph (1) at any time.
10
Such an amendment or revocation shall —
a
refer to the declaration; and
b
state the date and time the revocation or amendment is to take effect.
.
3
Omit article 6.
4
In article 10, after paragraph (1) insert —
1A
A licence under this Order may be general or specific.
.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
1.00 p.m. 25th September 2007


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Pension Protection Fund (Contributions Equivalent Premium) Regulations 2007 and shall come into force on 6th April 2007.
2
In these Regulations —
“the 1993 Act ” means the Pension Schemes Act 1993;
“the 1993 NI Act ” means the Pension Schemes (Northern Ireland) Act 1993;
“the 2004 Act ” means the Pensions Act 2004;
“the 2005 Order ” means the Pensions (Northern Ireland) Order 2005 ;
“the assessment date” means the date on which the assessment period in relation to the scheme or section of the scheme began;
“the Contracting-out Regulations ” means the Occupational Pension Schemes (Contracting-out) Regulations 1996 ;
“the Contracting-out Regulations (NI) ” means the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996 ;
“ CEP ” means a contributions equivalent premium within the meaning of section 55 of the 1993 Act or, as the case may be, section 51 of the 1993 NI Act (payment of state scheme premiums on termination of certified status);
“segregated scheme” means a multi-employer scheme which is divided into two or more sections where —
any contributions payable to the scheme by an employer in relation to the scheme or by a member are allocated to that employer’s or that member’s section, and
a specified proportion of the assets of the scheme is attributable to each section of the scheme and cannot be used for the purposes of any other section.
3
In these Regulations, references to a scheme include, in the case of a segregated scheme, any section of the scheme.
4
This regulation, in so far as it relates to regulations 2 to 4, 6 and 8, and regulations 2 to 4, 6 and 8 apply to England and Wales, and Scotland.
5
This regulation, in so far as it relates to regulations 5, 7 and 9, and regulations 5, 7 and 9 apply to Northern Ireland.
Liability to pay a CEP incurred before an assessment period begins
2
1
For the purposes of section 135(4)(b)(ii) of the 2004 Act (restrictions on winding up, discharge of liabilities etc ), a prescribed liability is a liability of the trustees or managers of the scheme to pay a CEP which —
a
is incurred before the assessment date; and
b
has not been discharged before that date.
2
A scheme incurs a liability to pay a CEP before the assessment date if, before that date, the trustees or managers of the scheme were required, or elected, to pay a CEP and had not discharged that liability before the assessment date.
3
Where paragraph (1) applies, the trustees or managers of the scheme may discharge the prescribed liability to pay a CEP during the scheme’s assessment period.
Liability to pay a CEP incurred during an assessment period
3
1
For the purposes of section 135(4)(b)(ii) of the 2004 Act, a prescribed liability is a liability of the trustees or managers of the scheme to pay a CEP which is incurred during the assessment period.
2
A scheme incurs a liability to pay a CEP on, or after, the assessment date if, on that date or during the assessment period, the trustees or managers of the scheme elect to pay a CEP.
Amendment of the Contracting-out Regulations - Great Britain
4
The Contracting-out Regulations are amended as follows —
a
in regulation 51 (contributions equivalent premiums), after paragraph (1) , insert —
1ZA
But where a contributions equivalent premium is payable by the Board of the Pension Protection Fund, the prescribed person for the purposes of section 55(2) of the 1993 Act is the Board of the Pension Protection Fund.
1ZB
In this Part, where paragraph (1ZA) applies —
a
except in regulation 52(1), references to “the trustees of the scheme”, “the trustees” or “the trustees of a scheme” shall be read as references to “the Board of the Pension Protection Fund”; and
b
references to “the resources of the scheme” shall be read as references to “the Pension Protection Fund being the Pension Protection Fund specified in section 173(1) of the 2004 Act (Pension Protection Fund)”.
; and
b
in regulation 52 (payment of a contributions equivalent premium), after paragraph (1) , insert —
1ZA
But where regulation 51(1ZA) applies, the Board of the Pension Protection Fund shall pay the contributions equivalent premium on or before whichever is the later of the following days —
a
the day 6 months after the date the assessment period (construed in accordance with section 132 of the 2004 Act) ended; or
b
the day one month after the day on which Her Majesty’s Revenue and Customs sends to the person liable to pay the contributions equivalent premium a notice certifying the amount of the premium payable.
.
Amendment of the Contracting-out Regulations (NI) - Northern Ireland
5
The Contracting-out Regulations (NI) are amended as follows —
a
in regulation 51 (contributions equivalent premiums), after paragraph (1) , insert —
1ZA
But where a contributions equivalent premium is payable by the Board of the Pension Protection Fund, the prescribed person for the purposes of section 51(2) of the Act is the Board of the Pension Protection Fund.
1ZB
In this Part, where paragraph (1ZA) applies —
a
except in regulation 52(1), references to “the trustees of the scheme”, “the trustees” or “the trustees of a scheme” shall be read as references to “the Board of the Pension Protection Fund”; and
b
references to “the resources of the scheme” shall be read as references to “the Pension Protection Fund being the Pension Protection Fund specified in section 173(1) of the Pensions Act 2004 (Pension Protection Fund)”.
; and
b
in regulation 52 (payment of a contributions equivalent premium), after paragraph (1) , insert —
1ZA
But where regulation 51(1ZA) applies, the Board of the Pension Protection Fund shall pay the contributions equivalent premium on or before whichever is the later of the following days —
a
the day 6 months after the date the assessment period (construed in accordance with Article 116 of the 2005 Order) ended, or
b
the day one month after the day on which Her Majesty’s Revenue and Customs sends to the person liable to pay the contributions equivalent premium a notice certifying the amount of the premium payable.
.
Circumstances in which a CEP ceases to be payable by the Board of the Pension Protection Fund - Great Britain
6
1
For the purposes of section 56(8)(b) of the 1993 Act (provisions supplementary to s. 55), the prescribed requirement where a CEP in respect of an earner ceases to be payable is that the earner is entitled to compensation under Schedule 7 to the 2004 Act (pension compensation provisions).
2
But paragraph (1) does not apply where the earner’s entitlement to compensation is under paragraph 20 of Schedule 7 to the 2004 Act (compensation in respect of scheme right to transfer payment or contribution refund).
Circumstances in which a CEP ceases to be payable by the Board of the Pension Protection Fund - Northern Ireland
7
1
For the purposes of section 52(9)(b) of the 1993 NI Act (provisions supplementary to s. 51), the prescribed requirement where a CEP in respect of an earner ceases to be payable is that the earner is entitled to compensation under Schedule 6 to the 2005 Order (pension compensation provisions).
2
But paragraph (1) does not apply where the earner’s entitlement to compensation is under paragraph 20 of Schedule 6 to the 2005 Order (compensation in respect of scheme right to transfer payment or contribution refund).
Deduction of a CEP from compensation payable - Great Britain
8
Where a CEP is payable by the Board of the Pension Protection Fund by virtue of a transfer under section 161 of the 2004 Act (effect of Board assuming responsibility for a scheme), section 61 of the 1993 Act (deduction of contributions equivalent premium from refund of scheme contributions) shall be modified as if after subsection (11) there were inserted —
12
Subsections (13) to (15) apply where —
a
an earner’s service in contracted-out employment ceases on or after the beginning of an assessment period (construed in accordance with section 132 of the Pensions Act 2004);
b
the earner is entitled to compensation under paragraph 20 of Schedule 7 to the Pensions Act 2004 (compensation in respect of scheme right to transfer payment or contribution refund) (“the compensation”); and
c
a contributions equivalent premium falls to be paid by the Board of the Pension Protection Fund (“the Board”) in respect of that earner.
13
The Board shall be entitled to deduct from the compensation payable to the earner an amount equal to so much of the premium as is attributable to any actual reductions of primary Class 1 contributions.
14
The Board —
a
shall reduce the compensation payable by the amount referred to in subsection (13); and
b
may delay payment of the compensation for the purposes of calculating the amount to be deducted.
15
Where the period taken into account in calculating the amount referred to in subsection (13) does not coincide with that in respect of which the compensation is payable, the amount that shall be deducted under that subsection shall be determined by reference to so much of that amount and of the compensation as are referable to the same period.
.
Deduction of a CEP from compensation payable - Northern Ireland
9
Where a CEP is payable by the Board of the Pension Protection Fund by virtue of a transfer under Article 145 of the 2005 Order (effect of Board assuming responsibility for a scheme), section 57 of the 1993 NI Act (deduction of contributions equivalent premium from refund of scheme contributions) shall be modified as if after subsection (11) there were inserted —
11A
Subsections (11B) to (11D) apply where —
a
an earner’s service in contracted-out employment ceases on or after the beginning of an assessment period (construed in accordance with Article 116 of the Pensions (Northern Ireland) Order 2005);
b
the earner is entitled to compensation under paragraph 20 of Schedule 6 to the Pensions (Northern Ireland) Order 2005 (compensation in respect of scheme right to transfer payment or contribution refund) (“the compensation”); and
c
a contributions equivalent premium falls to be paid by the Board of the Pension Protection Fund (“the Board”) in respect of that earner.
11B
The Board shall be entitled to deduct from the compensation payable to the earner an amount equal to so much of the premium as is attributable to any actual reductions of primary Class 1 contributions.
11C
The Board —
a
shall reduce the compensation payable by the amount referred to in subsection (11B); and
b
may delay payment of the compensation for the purposes of calculating the amount to be deducted.
11D
Where the period taken into account in calculating the amount referred to in subsection (11B) does not coincide with that in respect of which the compensation is payable, the amount that shall be deducted under that subsection shall be determined by reference to so much of that amount and of the compensation as are referable to the same period.
.
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
13th March 2007


text:
Citation, interpretation and commencement
1
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2007.
2
In these Regulations “the principal Regulations ” means the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005 .
3
These Regulations shall come into force —
a
for the purposes of regulation 4, on 21st January 2008; and
b
for all other purposes on 11th May 2007.
Amendments to the principal Regulations
2
The principal Regulations are amended in accordance with regulations 3 and 4.
Amendments coming into force on 11th May 2007
3
1
In regulation 2(1) (interpretation), for the definition of “the Residues Directives” substitute the following definition —
“the Residues Directives” means Directive 76/895, Directive 86/362, Directive 86/363 and Directive 90/642
.
2
In Schedule 1 (pesticide residues), in the appropriate place in the alphabetical sequence, insert the entry for the pesticide Captan set out in Schedule 1 to these Regulations.
3
In Schedule 2 (maximum residue levels) —
i
in the appropriate place in the alphabetical sequence, insert the entries in the column relating to the pesticide Captan set out in Schedule 2 to these Regulations;
ii
for the entries in the columns relating to the pesticides Ethion, Folpet and Dichlorvos, substitute the entries in the columns relating to those pesticides set out in Schedule 2 to these Regulations;
iii
in the column relating to the pesticide Azinphos-ethyl, for the entry for the food group 1(vi) Pomegranates, substitute “0.02*”.
iv
at the end, insert as footnote 48 the footnote numbered (48) set out at the end of Schedule 2 to these Regulations.
Amendments coming into force on 21st January 2008
4
Schedules 1 and 2 of the principal Regulations are amended as follows —
a
in Schedule 1, in the appropriate places in the alphabetical sequence, insert the entries for the pesticides Desmedipham and Phenmedipham set out in Schedule 1 to these Regulations.
b
in Schedule 2 —
i
in the appropriate place in the alphabetical sequence, insert the entries in the columns relating to the pesticides Desmedipham and Phenmedipham set out in Schedule 2 to these Regulations; and
ii
for the entries in the column relating to the pesticide Chlorfenvinphos, substitute the entries in the column relating to that pesticide set out in Schedule 2 to these Regulations.
Dafydd Elis-Thomas
Presiding Officer
National Assembly for Wales
20th March 2007
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
21st March 2007


text:
Title, application and commencement
1
These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) Regulations 2007; they apply in England and come into force at 8.00 p. m. on 7th August 2007.
Interpretation
2
1
In these Regulations —
“approved” means approved for the purposes of these Regulations in accordance with regulation 3 ;
“the Decision” means Commission Decision 2007/552/ EC concerning interim protection measures with regard to foot-and-mouth disease in the United Kingdom ;
“dispatch” means dispatch from a place within the restricted area to a place outside the restricted area and includes consigning for dispatch;
“export” means export outside the British Islands and includes consigning for export;
“inspector” means a person appointed by the Secretary of State or a local authority to be an inspector (including, in the case of appointment by the Secretary of State, a veterinary inspector) for the purposes of these Regulations, the Animal Health Act 1981 or the Animals and Animal Products (Import and Export) (England) Regulations 2006 ;
“ HACCP ” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;
“local authority” means —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
where there is a port health authority, that authority;
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough (except in relation to imported animals) the council of that borough; or
in the City of London, and for all London boroughs in relation to imported animals, the Common Council;
“restricted area” means Great Britain.
2
A notice under these Regulations shall be in writing, may be subject to conditions and may be amended or revoked by further notice in writing at any time.
Approvals
3
1
The Secretary of State may approve premises and establishments for the purposes of these Regulations if he is satisfied that the occupier will comply with the conditions of these Regulations.
2
Any approval shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice at any time, and in particular may be suspended or revoked if the Secretary of State is reasonably of the opinion that the provisions of these Regulations are not being complied with.
3
Any requirement for approved premises or establishments is fulfilled if the premises or establishments are in a part of the British Islands outside England and are approved by the relevant competent authority for the purposes of the Decision.
Importation of live animals
4
No person may import any live animal of species susceptible to foot-and-mouth disease into England from another member State.
Dispatch of live animals
5
1
No person may dispatch any live animal of the bovine, ovine, caprine or porcine species or any other biungulate.
2
By way of derogation from paragraph (1), the Secretary of State may authorise the dispatch of biungulate animals originating outside the restricted area if the animals travelled through that area on main roads and railway lines.
3
The Secretary of State may only authorise the dispatch of the biungulate animals originating outside the restricted area to another member State if at least three days before dispatch he has notified the destination member State, and —
a
in the case of bovine, porcine, ovine and caprine animals, the health certificate accompanying the animals bears the following words —
“Animals conforming to Commission Decision 2007/552/ EEC of 6 August 2007 concerning interim protection measures with regard to foot-and-mouth disease in the United Kingdom”; and
in the case of any other biungulates, the health certificate accompanying the animals bears the following words —
“Live biungulates conforming to Commission Decision 2007/552/EEC of 6 August 2007 concerning interim protection measures with regard to foot-and-mouth disease in the United Kingdom”.
Dispatch of fresh meat, minced meat, mechanically separated meat and meat preparations
6
1
No person may dispatch any meat of animals of the bovine, ovine, caprine or porcine species or other biungulate coming from the restricted area or obtained from animals originating in that area.
2
In this regulation, the reference to “meat” includes fresh meat, minced meat, mechanically separated meat and meat preparations as defined in paragraph 1 of Annex 1 to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin .
3
The prohibition in paragraph (1) does not apply in relation to —
a
meat obtained before 15th July 2007; or
b
meat derived from animals reared and slaughtered or, in the case of meat obtained from wild game of species susceptible to foot-and mouth disease, killed outside the restricted area,
provided that the meat is clearly identified and since the date of production has been transported and stored separately from meat which is not destined for dispatch, and bears the health mark in accordance with Chapter III of Annex I to Regulation (EC) No 854/2004 /EC of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption .
4
The prohibition in paragraph (1) does not apply in relation to —
a
fresh meat obtained from animals reared outside the restricted area and transported in accordance with regulation 5(2) directly and under the control of the Secretary of State in sealed means of transport to a slaughterhouse situated in the restricted area, outside the protection zone as declared under the Foot-and-Mouth Disease Order 2006 for immediate slaughter, provided that such meat is only placed on the market in the restricted area, and conforms to the following conditions —
i
all such fresh meat must bear the health mark in accordance with Article 4(1), second paragraph of Council Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption or in accordance with Commission Decision 2001/304/EC on marking and use of certain animal products ;
ii
the plant is operated under strict veterinary control; and
iii
the fresh meat is clearly identified, and transported and stored separately from meat which is eligible for dispatch outside the United Kingdom;
b
fresh meat obtained from cutting plants situated in the restricted area if —
i
only fresh meat as described in paragraph (3) , is processed in the cutting plant, in any one day;
ii
cleansing and disinfection is carried out after processing any meat not meeting the requirement in sub-paragraph (i);
iii
the cutting plant is operated under strict veterinary control; and
iv
the fresh meat is clearly identified, transported and stored separately from meat which is not eligible for dispatch.
5
Meat consigned to another member State must be accompanied by a certificate from an official veterinarian which bears the following words —
“Meat conforming to Commission Decision 2007/552/EC of 6 August 2007 concerning interim protection measures with regard to foot-and-mouth disease in the United Kingdom”.
Dispatch of meat products
7
1
No person may dispatch meat products, including treated stomachs, bladders and intestines, of animals of the bovine, ovine, caprine or porcine species and other biungulates coming from the restricted area or prepared using meat obtained from such animals originating in that area.
2
The prohibition in paragraph (1) does not apply to meat products that have been transported and stored since the date of production separately from other meat products not eligible for dispatch, provided that the meat products–
a
are clearly identified;
b
bear the health mark in accordance with Chapter III or Annex I to Regulation (EC) No 854/2004 /EC; and
c
are either —
i
made from meats described in regulation 6(3) ; or
ii
have undergone at least one of the relevant treatments laid down for foot-and-mouth disease in Part 1 of Annex III to Directive 2002/99/EC .
3
Meat products consigned to another member State must be accompanied by a certificate from an official veterinarian which bears the following words —
“Meat products (including treated stomachs, bladders and intestines) conforming to Commission Decision 2007/552/EC of 6 August 2007 concerning interim protection measures with regard to foot-and-mouth disease in the United Kingdom”.
4
Paragraph (3) does not apply to meat products which comply with paragraph (2), if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and the products have been processed in an establishment operating HACCP and an auditable standard operating procedure that ensures that standards for treatment are met and recorded.
5
Paragraph (3) does not apply to meat products treated in hermetically sealed containers so as to ensure that they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of milk
8
1
No person may dispatch milk.
2
The prohibition in paragraph (1) does not apply to milk which has been subjected to at least a treatment in accordance with —
a
Part A of Annex IX to Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease , if the milk is intended for human consumption; or
b
Part B of Annex IX to Directive 2003/85/EC , if the milk is not intended for human consumption or is intended for feeding to animals of species susceptible to foot-and-mouth disease.
3
The prohibition in paragraph (1) does not apply to milk prepared in establishments situated in the restricted area under the following conditions —
a
all milk used in the establishment has either been treated in accordance with paragraph (2) or has been obtained from animals reared and milked outside the restricted area;
b
the establishment must be operated under strict veterinary control;
c
the milk is clearly identified and transported and stored separately from milk and dairy products which are not eligible for dispatch; and
d
transport of raw milk from holdings situated outside the restricted area to the establishment is carried out in vehicles which were cleansed and disinfected prior to operation and had no subsequent contact with holdings in the restricted area keeping animals of species susceptible to foot-and-mouth disease.
4
Milk consigned to another member State must be accompanied by an official certificate which bears the following words —
“Milk conforming to Commission Decision 2007/552/EC of 6 August 2007 concerning interim protection measures with regard to foot-and-mouth disease in the United Kingdom”.
5
Paragraph (4) does not apply to milk which complies with the requirements of paragraph 2(a) or (b) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) does not apply to milk which conforms with the requirements of paragraph (2)(a) or (b) and which has been treated in hermetically sealed containers so as to ensure that it is shelf stable provided that the commercial document accompanying the consignment states the heat treatment applied.
Dispatch of dairy products
9
1
No person may dispatch dairy products.
2
The prohibition in paragraph (1) does not apply to dairy products —
a
produced before 15 July 2007;
b
prepared from milk complying with the provisions in regulation 8(2) or (3); or
c
for export to a third country where import conditions permit such products to be subject to treatment other than laid down in these Regulations which ensures the inactivation of the foot-and-mouth disease virus.
3
The prohibition in paragraph (1) does not apply to dairy products intended for human consumption —
a
produced from milk of a controlled pH less than 7.0 and subject to a heat treatment at a temperature of at least 72°C for at least 15 seconds, on the understanding that such treatment is not necessary for finished products, the ingredients of which comply with the respective animal health conditions laid down in these Regulations; or
b
produced from raw milk of bovine, ovine or caprine animals which have been resident for at least 30 days on a holding situated, within the restricted area, in the centre of a circle of at least 10 km radius where no outbreak of foot-and-mouth disease has occurred during the 30 days prior to producing the raw milk, and which are subject to a maturation or ripening process of at least 90 days during with the pH is lowered below 6.0 throughout the substance, and the rind of which has been treated with 0.2% citric acid immediately prior to wrapping or packaging.
4
The prohibition in paragraph (1) does not apply to —
a
dairy products prepared in establishments situated in the restricted area under the following conditions —
i
all milk used in the establishment must either conform to the conditions of regulation 8(2) or be obtained from animals outside the restricted area;
ii
all dairy products used in the final product must either conform to the conditions of paragraph (2)(a) or (b) or 3 of this regulation or be made from milk obtained from animals outside the restricted area;
iii
the establishment must be under strict veterinary control; and
iv
the milk products must be clearly identified and transported and stored separately from milk and dairy products which are not eligible for dispatch.
b
dairy products prepared in parts of the United Kingdom outside the restricted area using milk obtained before 15th July 2007 from the restricted area provided that the milk products are clearly identified and transported and stored separately from milk products not eligible for dispatch.
5
Dairy products consigned to another member State must be accompanied by an official certificate which bears the following words —
“Dairy products conforming to Commission Decision 2007/552/EC of 6 August 2007 concerning interim protection measures with regard to foot-and-mouth disease in the United Kingdom”.
6
Paragraph (5) does not apply to milk products which comply with the requirements of paragraphs (2)(a) or (b), (3) or (4) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and the dairy products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
7
Paragraph (5) does not apply to dairy products which conform to the requirements of paragraphs (2)(a) or (b), (3) or (4), which have been treated in hermetically sealed containers so as to ensure that they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of semen, ova and embryos
10
1
No person may dispatch semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) does not apply in relation to —
a
frozen bovine and porcine semen produced before 15th July 2007; and
b
frozen bovine and porcine semen and bovine embryos imported into the United Kingdom in accordance with the conditions laid down in —
i
Council Directive 88/407/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species );
ii
Council Directive 89/556/EEC (on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species ); and
iii
Council Directive 90/429/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species ),
and which since introduction into the United Kingdom have been stored and transported separately from semen and embryos not eligible for dispatch.
3
The health certificate accompanying frozen bovine semen consigned to another member State must bear the following words —
“Frozen bovine semen conforming to Commission Decision 2007/552/EC of 6 August 2007 on interim protection measures with regard to foot-and-mouth disease in the United Kingdom”.
4
The health certificate accompanying bovine embryos consigned to another member State must bear the following words —
“Bovine embryos conforming to Commission Decision 2007/552/EC of 6 August 2007 on interim protection measures with regard to foot-and-mouth disease in the United Kingdom”.
5
The health certificate accompanying porcine semen to other member States must bear the following words —
“Frozen porcine semen conforming to Commission Decision 2007/552/EC of 6 August 2007 on interim protection measures with regard to foot-and-mouth disease in the United Kingdom”.
Dispatch of hides and skins
11
1
No person may dispatch hides and skins of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) does not apply in relation to hides and skins which were produced before 15th July 2007, or which conform to the requirements of point (c) or (d) of paragraph 2 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption if treated hides and skins are separated effectively from untreated hides and skins.
3
Hides and skins consigned to another member State must be accompanied by an official certificate which bears the following words: —
“Hides and skins conforming to Commission Decision 2007/552/EC of 6 August 2007 on interim protection measures with regard to foot-and-mouth disease in the United Kingdom”.
4
Paragraph (3) does not apply to hides and skins which conform to the requirements of either
a
Points (b) to (e) or paragraph 1 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002 ; or
b
Points(c) or (d) of paragraph 2 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002 ,
if compliance with those conditions is stated in the commercial document accompanying the consignment, endorsed (in the case of sub-paragraph (b)) in accordance with regulation 14 .
Dispatch of animal products
12
1
No person may dispatch animal products of the bovine, ovine, caprine and porcine species and other biungulates not otherwise mentioned in these Regulations, produced after 15th July 2007.
2
No person may dispatch dung or manure.
3
The prohibition in paragraph (1) does not apply in relation to —
a
animal products which have been subjected to —
i
heat treatment in a hermetically sealed container with a Fo value of 3,00 or more; or
ii
heat treatment in which the centre temperature is raised to at least 70 o C;
b
blood and blood products as defined in paragraphs 4 and 5 of Annex I to Regulation (EC) No 1774/2002 which have been subjected to at least one of the treatments provided for in paragraph 3(a)(ii) of Part A of Chapter IV of Annex VIII to Regulation (EC) No 1774/2002 , followed by an effectiveness check;
c
lard and rendered fats which have been subjected to the heat treatment prescribed in paragraph 2(d)(iv) of Part B of Chapter IV of Annex VII to Regulation (EC) No. 1774/2002 ;
d
animal casings which have been cleaned, scraped and then either salted, bleached or dried, and where subsequently effective steps were taken to prevent the recontamination of the casings;
e
sheep wool, ruminant hair and pigs’ bristles which have undergone factory washing or have been obtained from tanning and unprocessed sheep wool, ruminant hair and pigs’ bristles which are securely enclosed in packaging and dry;
f
petfood conforming to the requirements of paragraphs 2 to 4 of Part B of Chapter II of Annex VIII to Regulation (EC) No 1774/2002 ;
g
composite products which are not subjected to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in these Regulations;
h
game trophies in accordance with paragraphs 1, 3 or 4 of Part A of Chapter VII of Annex VIII to Regulation (EC) No 1774/2002 ; or
i
packed products intended for use as in-vitro diagnostic or laboratory reagents.
4
The animal products referred to in paragraph (3) for dispatch to other member States must be accompanied by an official certificate which bears the following words —
“Animal products conforming to Commission Decision 2007/552/EC of 6 August 2007 concerning interim protection measures with regard to foot-and-mouth disease in the United Kingdom”.
5
Paragraph (4) does not apply to products specified in sub-paragraphs (b), (c) or (d) of paragraph (3) that are accompanied by a commercial document endorsed in accordance with regulation 14 of these Regulations.
6
Paragraph (4) does not apply to products specified in sub-paragraph (e) of paragraph (3) that are accompanied by a commercial document stating either —
a
that the products have undergone factory washing or have been obtained from tanning; or
b
that the products comply with the conditions laid down in paragraphs 1 and 4 of Chapter VIII of Annex VIII to Regulation (EC) No 1774/2002 .
7
Paragraph (4) does not apply to products specified in sub-paragraph (g) of paragraph (3) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the requirements of these regulations and they have a commercial document endorsed in accordance with regulation 14 .
8
Paragraph (4) does not apply to products specified in sub-paragraph (i) of paragraph (3) if they are accompanied by a commercial document stating that the products are for use as in-vitro diagnostic or laboratory reagents, provided that the products are clearly labelled “for in-vitro diagnostic use only” or “for laboratory use only”.
Exemptions
13
The prohibitions in regulations 7 , 8 , 9 and 12 do not apply in relation to —
a
products not produced in the United Kingdom and which remain in their original packaging indicating the country of origin of the products; and
b
products that are —
i
produced in an approved establishment in the restricted area from pre-processed products originating outside that area which, since introduction into the United Kingdom have been transported, stored and processed separately from products not destined for dispatch; and
ii
accompanied by a commercial document or official certificate as required by these Regulations.
Endorsement of commercial documents
14
1
Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate stating that the production process has been audited and found to be in accordance with these Regulations and suitable to destroy the foot-and-mouth disease virus or that the products concerned have been produced from pre-processed materials which have been certified accordingly and that provisions are in place to avoid possible re-contamination with the foot-and-mouth disease virus after treatment.
2
The certificate must bear a reference to the Decision, is valid for 30 days, must state the expiry date and is renewable after inspection of the establishment.
3
In the case of products for retail sale to the final consumer, a consolidated load of products other than fresh meat, minced meat, mechanically separated meat and meat preparations, each of which is eligible for dispatch in accordance with these Regulations, may be dispatched from approved premises accompanied by a commercial document endorsed by the attachment of a copy of an official veterinary certificate which —
a
confirms that the premises of dispatch has in place a system to ensure that goods can only be dispatched if they are traceable to documentary evidence of compliance with these Regulations;
b
confirms that this system has been audited and found satisfactory;
c
refers to the Decision;
d
is valid for 30 days;
e
states the expiry date; and
f
is renewable only after the establishment had been audited with satisfactory results.
Dispatch of equidae
15
1
Any person dispatching equidae must ensure that they are accompanied by a health certificate in accordance with the model in Annex C of Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae .
2
The certificate may only be issued for equidae coming from a holding that is not subject to official prohibition under the Foot-and-Mouth Disease (England) Order 2006.
3
The certificate accompanying equidae dispatched to another member State in accordance with paragraph (1) of this regulation, must bear the following words —
“Equidae conforming to Commission Decision 2007/552/EC of 6 August 2007, concerning interim protection measures with regard to foot-and-mouth disease in the United Kingdom.”
Personal exports
16
No person travelling out of England may take with them in their personal luggage or on any other non-commercial basis any product to which these Regulations apply.
Offers to dispatch or export
17
No person may offer to dispatch or export, or accept orders for the dispatch or export of, anything prohibited from being dispatched or exported by these Regulations, whether on the internet or otherwise.
Powers of inspectors
18
1
An inspector has, on producing, if required to do so, some duly authenticated document showing his authority, the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector has powers to carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may —
a
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
b
examine documentary or data processing material relevant to the checks carried out under these Regulations; and
c
take with him a representative of the European Commission acting for the purposes of the Decision.
Powers of officers of Revenue and Customs
19
An officer of Revenue and Customs may detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.
Illegal consignments of products
20
1
This regulation has effect when an inspector, on reasonable grounds, suspects that anything other than live animals is intended to be dispatched in contravention of these Regulations.
2
The inspector may seize it and remove it in order to have it dealt with by a justice of the peace.
3
If he seizes it he must inform the person appearing to him to be in charge of the consignment of his intention to have it dealt with by a justice of the peace, and —
a
any person who might be liable for prosecution under these Regulations in relation to the dispatch shall, if he attends before the justices of the peace by whom the consignment falls to be dealt with, be entitled to be heard and to call witnesses; and
b
the justice of the peace may, but need not, be a member of the court before which any person is charged with an offence under these Regulations in relation to that consignment.
4
If it appears to a justice of the peace that there was an intention to dispatch the consignment in contravention of these Regulations he must, unless he is satisfied that the consignment can be returned to the owner without risk of a further attempt to dispatch it in contravention of these Regulations, order that the consignment shall be destroyed or otherwise disposed of so as to prevent it from being despatched.
5
When under the preceding paragraph a justice of the peace is satisfied that there was an intention to dispatch a consignment in breach of these Regulations, the owner, the consignor and the consignee are jointly and severally liable for the costs reasonably incurred in its removal to storage, its storage and its destruction or disposal.
Obstruction
21
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purposes of his functions under these Regulations; or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
Furnishing false information
22
No person shall furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
Offences by bodies corporate
23
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
For the purposes of this regulation, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
24
A person contravening any provision of these Regulations is guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Authorisations, certificates, etc. issued in another part of the British Islands
25
1
Where these Regulations require any authorisation, certificate or approval to be issued or granted by the Secretary of State in England, an equivalent document issued in another part of the British Islands by the relevant competent authority is valid.
2
Where these Regulations require anything to be processed in approved premises in England, anything processed in premises approved for those purposes in another part of the British Islands shall be treated as if it had been processed in approved premises in England.
Enforcement
26
These Regulations shall be enforced by the Secretary of State or the local authority.
Jonathan Shaw
Parliamentary Under Secretary of State Department for Environment
Food and Rural Affairs
6 p.m. on 7th August 2007