text:
Citation, Commencement and interpretation
1
1
These Regulations, which extend to Great Britain, may be cited as the Export and Import of Dangerous Chemicals Regulations 2005 and shall come into force on 22nd April 2005.
2
In these Regulations —
“the 1974 Act ” means the Health and Safety at Work etc. Act 1974 ;
“ the Commission ” means the Health and Safety Commission established under section 10 of the 1974 Act;
“ the Executive ” means the Health and Safety Executive established under section 10 of the 1974 Act; and
“ the Regulation ” means Regulation ( EC ) No. 304/2003 of the European Parliament and of the Council of 28th January 2003 concerning the export and import of dangerous chemicals , as amended by Commission Regulation (EC) No. 1213/2003 of 7th July 2003 and Commission Regulation (EC) No. 775/2004 of 26th April 2004
Appointment of designated authorities
2
The Commission shall be the designated national authority —
a
to act for the performance of the administrative functions required by the Regulation, in accordance with Article 4 thereof; and
b
that shall have the responsibility of controlling the import and export of chemicals listed in Annex I of the Regulation, in accordance with Article 17 thereof.
False or misleading information
3
An exporter or importer shall not provide information pursuant to the requirements of any Article of the Regulation knowing it to be false or misleading in a material particular, or being reckless as to whether it is false or misleading in a material particular.
Enforcement and offences
4
1
Subject to paragraph (5), it shall be the duty of the Executive to make adequate arrangements for the enforcement of the Regulation and of these Regulations, and accordingly a reference to the enforcing authority in the provisions applied for those purposes by paragraph (3) shall be construed as a reference to the Executive.
2
Subject to paragraphs (5) and (6), the provisions of the 1974 Act specified in paragraph (3) shall apply for the purposes of the enforcement in Great Britain of the Regulation and these Regulations as if they were health and safety regulations for the purposes of that Act, and any function of the Commission under any provision of the 1974 Act which is exercisable in relation to any function of the Executive under or in respect of health and safety regulations (including their enforcement) shall be exercisable as if the Regulation and these Regulations were health and safety regulations for the purposes of that Act.
3
The provisions of the 1974 Act referred to in paragraph (2) are —
a
sections 19 and 20 (appointment and powers of inspectors);
b
sections 25A to 28 (Customs power to detain imports, power to indemnify inspectors, power to obtain information, information provided by Customs, and restrictions on disclosure of information); and
c
sections 33 to 42 (provisions as to offences).
4
For the purposes of paragraph (2) —
a
section 25A of the 1974 Act shall have effect as if in subsection (1) of that section, after the word “substance”, there were inserted the words “or any article bound for export or any substance bound for export”; and
b
section 27A of the 1974 Act shall have effect as if in subsection (1) of that section, after the word “imports”, there were inserted the words “or exports”.
5
Contravention of Article 14(2) of the Regulation, which prohibits the export of chemicals and articles the use of which is prohibited in the Community for the protection of human health or the environment, as listed in Annex V of the Regulation, shall be subject to enforcement under the Customs and Excise Management Act 1979 , and not as a contravention of a health and safety regulation.
6
A failure to discharge a duty placed —
a
by the Regulation on a designated national authority; or
b
by these Regulations on the Executive,
shall not be an offence under section 33(1)(c) of the 1974 Act.
Revocation and Amendments
5
1
The Export of Dangerous Chemicals Regulations 1992 are revoked.
2
In the Notification of New Substances Regulations 1993 in sub-paragraph (i) of regulation 3(2) for the reference “Council Regulation EC 2455/92 on the export notification and information exchange of dangerous substances” substitute the reference “Regulation (EC) No. 304/2003 of the European Parliament and of the Council concerning the export and import of dangerous chemicals”.
3
In the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 in sub-paragraph (c) of regulation 3(4) for the reference “Council Regulation EC 2455/92 on the export notification and information exchange of dangerous substances” substitute the reference “Regulation (EC) No. 304/2003 of the European Parliament and of the Council concerning the export and import of dangerous chemicals”.
Signed by authority of the Secretary of State.
Jane Kennedy
Minister of State,
Department for Work and Pensions
23rd March 2005


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Incapacity) (Miscellaneous Amendments) Regulations 2005 and shall come into force on 1st October 2005.
Amendment of regulation 16 of the Social Security (General Benefit) Regulations 1982
2
In regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level for the purposes of unemployability supplement) for the amount “£4,056” there shall be substituted the amount “£4,212”.
Amendment of regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994
3
In regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994 (limit of earnings from councillor’s allowance) for the amount “£78.00” there shall be substituted the amount “£81.00”.
Amendment of regulation 17 of the Social Security (Incapacity for Work) (General) Regulations 1995
4
In regulation 17(2)(a) of the Social Security (Incapacity for Work) (General) Regulations 1995 (exempt work) for the amount “£78.00” there shall be substituted the amount “£81.00”.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
31st August 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pension Protection Fund (Entry Rules) Amendment Regulations 2005 and shall come into force on 24th August 2005.
2
In these Regulations, “the Entry Rules Regulations ” means the Pension Protection Fund (Entry Rules) Regulations 2005 .
Amendment of the Entry Rules Regulations
2
1
The Entry Rules Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(3) (citation, commencement and interpretation), in the appropriate alphabetical place, insert —
“the Multi-employer Regulations ” means the Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005 ;
.
3
In regulation 2 (schemes which are not eligible schemes) —
a
in paragraphs (2), (3)(a)(i) and (3)(b), omit “with an employer in relation to the scheme” in each place where it occurs;
b
in paragraphs (2), (3)(a)(i), (3)(b) and (3)(c), omit “from that employer” in each place where it occurs;
c
in paragraph (3)(c), omit —
i
“is acting as creditor of an employer in relation to the scheme under section 137 of the Act (Board to act as creditor of the employer) and”; and
ii
“with that employer”;
d
in paragraph (3)(a)(i) and (b), for “section 75(2)”, in each place where it occurs, substitute “section 75”;
e
in paragraph (3)(c), for “section 75(4)”, substitute “section 75”;
f
in paragraph (5) —
i
at the end of sub-paragraph (b), add “and”; and
ii
for sub-paragraphs (c) and (d), substitute —
c
the Regulator.
; and
g
after paragraph (8), add —
9
In their application to a segregated scheme, paragraphs (2) to (7) shall have effect as if each section of the scheme were a separate scheme.
.
4
In regulation 5 (prescribed insolvency events) —
a
for sub-paragraph (a) of paragraph (1), substitute —
a
in relation to a company, where —
i
an administration order is made by the court in respect of the company by virtue of any enactment which applies Part 2 of the 1986 Act (administration orders) (with or without modification);
ii
a notice from an administrator under paragraph 83(3) of Schedule B1 to the 1986 Act (moving from administration to creditors' voluntary liquidation) in relation to the company is registered by the registrar of companies;
iii
the company moves from administration to winding up pursuant to an order of the court under Rule 2.132 of the Insolvency Rules (conversion of administration to winding up – power of court); or
iv
an administrator or liquidator of the company, being the nominee in relation to a proposal for a voluntary arrangement under Part 1 of the 1986 Act (company voluntary arrangements), summons meetings of the company and of its creditors, to consider the proposal, in accordance with section 3(2) of the 1986 Act (summoning of meetings);
; and
b
after sub-paragraph (a) of paragraph (1), insert —
aa
in relation to a partnership, where —
i
the partnership moves from administration to winding up pursuant to an order of the court under Rule 2.61 of the Insolvency Rules (conversion of administration to winding up – power of court) (as applied by an order under section 420 of the 1986 Act (insolvent partnerships)) as that Rule stood before the coming into force of the Insolvency (Amendment) Rules 2003 ; or
ii
an administrator, liquidator or trustee of the partnership, being the nominee in relation to a proposal for a voluntary arrangement under Part 1 of the 1986 Act (as applied by an order under section 420 of the 1986 Act), summons meetings of the members of the partnership and of the partnership’s creditors, to consider the proposal, in accordance with section 3(2) of the 1986 Act (as applied by an order under section 420 of the 1986 Act);
.
5
In regulation 7 (applications and notifications to the Board ) —
a
for “The prescribed requirements”, substitute “Except in a case to which regulation 7A applies, the prescribed requirements”;
b
in paragraph (a)(i), after “defined in”, insert “, or in regulations made under,”;
c
at the end of paragraph (a)(ii)(bb), omit “or”; and
d
at the end of paragraph (b), add —
; or
a trade union within the meaning of section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (meaning of trade union) in relation to which it is not possible for an insolvency event as defined in, or in regulations made under, section 121 of the Act to occur
.
6
After regulation 7, insert —
Applications and notifications to the Board – multi-employer schemes
7A
1
This regulation applies to —
a
a multi-employer section to which Part 3 of the Multi-employer Regulations (segregated schemes: multi-employer sections without requirement for partial wind up on withdrawal of a participating employer) applies which is, for the purposes of Part 2 of the Act, an eligible scheme; and
b
a non-segregated scheme to which Part 6 of the Multi-employer Regulations (non-segregated schemes: schemes without provision for partial wind up on withdrawal of a participating employer) applies which is, for the purposes of Part 2 of the Act, an eligible scheme.
2
In the case of a scheme, or a section of a scheme, to which this regulation applies, the prescribed requirements referred to in section 129(1A)(b) and (4)(a)(ii) of the Act (applications and notifications for the purposes of section 128) that are to be met in relation to an employer in relation to the scheme, or the section, are that he is either —
a
a public body —
i
in relation to which it is not possible for an insolvency event as defined in, or in regulations made under, section 121 of the Act (insolvency event, insolvency date and insolvency practitioner) to occur; and
ii
which is not an employer in relation to a scheme, or a section of a scheme, in respect of which a relevant public authority has either —
aa
given a guarantee in relation to any part of the scheme, or section, any benefits payable under the scheme, or section, or any member of the scheme, or section, or
bb
made any other arrangements for the purposes of securing that the assets of the scheme, or section, are sufficient to meet any part of its liabilities;
b
a charity which is not a company or other body corporate; or
c
a trade union within the meaning of section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (meaning of trade union) in relation to which it is not possible for an insolvency event as defined in, or in regulations made under, section 121 of the Act to occur.
.
7
At the beginning of regulation 8(1) (applications and notifications to the Board – further provision), for “The prescribed period”, substitute “Except in a case to which regulation 8A applies, the prescribed period”.
8
After regulation 8, insert —
Applications and notifications to the Board – further provision for multi-employer schemes
8A
1
This regulation applies to —
a
a multi-employer section to which Part 3 of the Multi-employer Regulations (segregated schemes: multi-employer sections without requirement for partial wind up on withdrawal of a participating employer) applies which is, for the purposes of Part 2 of the Act, an eligible scheme; and
b
a non-segregated scheme to which Part 6 of the Multi-employer Regulations (non-segregated schemes: schemes without provision for partial wind up on withdrawal of a participating employer) applies which is, for the purposes of Part 2 of the Act, an eligible scheme.
2
The prescribed period for making an application to the Board under section 129(1)(a) or (b) of the Act (applications and notifications for the purposes of section 128) shall be —
a
where the application is under section 129(1)(a) of the Act, the period of 28 days beginning with the date on which the trustees or managers of a scheme, or a section of a scheme, become aware that the conditions for making an application to the Board under that section of the Act are met in relation to that scheme or section; or
b
where the application is under section 129(1)(b) of the Act, the period of 28 days beginning with —
i
24th August 2005 if the trustees or managers of a scheme, or a section of a scheme, are aware on that date that the conditions for making an application to the Board under that section of the Act were met in relation to that scheme or section between 6th April 2005 and that date; or
ii
the date on which the trustees or managers of a scheme, or a section of a scheme, become aware after 24th August 2005 that the conditions for making an application to the Board under that section of the Act are met in relation to that scheme or section.
3
Applications to the Board for the purposes of section 128 of the Act (duty to assume responsibility for schemes following application or notification) shall, where the application is made under section 129(1)(a) of the Act, be in writing and shall contain the following information —
a
a description of the type or purpose of the application;
b
the name, address and pension scheme registration number of the scheme, or section of the scheme, in respect of which the application is made;
c
the name of the employer in relation to the scheme, or section of the scheme, in respect of which the application is made;
d
a statement by the trustees or managers of the scheme, or section of the scheme, that the conditions for making an application to the Board under section 129(1)(a) of the Act have been met;
e
the date on which the trustees or managers of the scheme, or section of the scheme, became aware that the conditions for making an application to the Board under section 129(1)(a) of the Act were met; and
f
the date on which the application was sent to the Board by the trustees or managers of the scheme or section of the scheme.
4
Applications to the Board for the purposes of section 128 of the Act shall, where the application is made under section 129(1)(b) of the Act, be in writing and shall contain the following information —
a
a description of the type or purpose of the application;
b
the name, address and pension scheme registration number of the scheme, or section of the scheme, in respect of which the application is made;
c
the name of each employer in relation to the scheme, or section of the scheme, in respect of which the application is made;
d
the name of the person who is no longer an employer or the persons who are no longer employers in relation to the scheme, or section of the scheme, at the time referred to in section 129(4)(b) of the Act;
e
a statement by the trustees or managers of the scheme, or section of the scheme, that the conditions for making an application to the Board under section 129(1)(b) of the Act have been met;
f
the date on which the trustees or managers of the scheme, or section of the scheme, became aware that the conditions for making an application to the Board under section 129(1)(b) of the Act were met; and
g
the date on which the application was sent to the Board by the trustees or managers of the scheme or section of the scheme.
5
Where the Regulator becomes aware that the conditions for making a notification to the Board under section 129(4)(a) of the Act are met in relation to a scheme, or a section of a scheme, which is, for the purposes of Part 2 of the Act, an eligible scheme, the notice which the Regulator must give to the Board under that section of the Act shall be in writing and shall contain the following information —
a
the name or type of notice given;
b
the date on which the notice is given;
c
the name, address and pension scheme registration number of the scheme, or section of the scheme, in respect of which the notice is given;
d
the name of the employer in relation to the scheme, or section of the scheme, in respect of which the notice is given;
e
a statement by the Regulator that the employer referred to in sub-paragraph (d) is unlikely to continue as a going concern and meets the requirements specified in regulation 7A(2); and
f
the date on which the Regulator became aware of the matter in respect of which the statement is provided by it under sub-paragraph (e).
6
Where the Regulator is aware that the conditions for making an application to the Board under section 129(4)(b) of the Act are met in relation to a scheme, or a section of a scheme, which is, for the purposes of Part 2 of the Act, an eligible scheme, the notice which the Regulator must give to the Board under that section of the Act shall be in writing and shall contain the following information —
a
the name or type of notice given;
b
the date on which the notice is given;
c
the name, address and pension scheme registration number of the scheme, or section of the scheme, in respect of which the notice is given;
d
the name of each employer in relation to the scheme, or section of the scheme, in respect of which the notice is given;
e
the name of the person who is no longer an employer or the persons who are no longer employers in relation to the scheme, or section of the scheme, at the time referred to in section 129(4)(b) of the Act;
f
a statement by the Regulator that the person or persons referred to in sub-paragraph (e) is no longer an employer or are no longer employers in relation to the scheme, or section of the scheme, at the time referred to in section 129(4)(b) of the Act; and
g
the date on which the Regulator became aware of the matter in respect of which the statement is provided by it under sub-paragraph (f).
7
Where the Board receives a notice from the Regulator to which paragraph (5) or (6) applies, the notice referred to in section 129(5) of the Act which the Board must give to the trustees or managers of the scheme, or section of the scheme, concerned and copy to any employer in relation to that scheme, or section, shall be in writing and shall contain the following information —
a
the name or type of the notice given;
b
the date on which the notice is given;
c
the name, address and pension scheme registration number of the scheme, or section of the scheme, in respect of which the notice is given;
d
a statement that the Board received the notice from the Regulator under section 129(4)(a) or (b) of the Act and the date on which the notice was received by the Board;
e
where the notice referred to in sub-paragraph (d) is a notice under section 129(4)(a) of the Act, the date on which the Regulator became aware that the employer in relation to the scheme, or section of the scheme, is unlikely to continue as a going concern;
f
where the notice referred to in sub-paragraph (d) is a notice under section 129(4)(b) of the Act, the date on which the Regulator became aware that the person or persons referred to in paragraph (6)(e) is no longer an employer or are no longer employers in relation to the scheme, or section of the scheme, at the time referred to in section 129(4)(b) of the Act;
g
the address for communications at which the Board may be contacted in respect of the giving of the notice; and
h
whether the notice given by the Board contains any restricted information and, if so, the nature of the restrictions.
.
9
In regulation 13 (confirmation of scheme status – binding notices), after paragraph (1), insert the following paragraph —
1A
Where a notice issued under section 122 of the Act becomes binding, the notice which the Board must give under section 125(3) of the Act (binding notices confirming status of scheme) shall be in writing.
.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
2nd August 2005


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Drought Plan Regulations 2005 and shall come into force on 1 st October 2005.
2
These Regulations extend to England and Wales.
3
In these Regulations —
“ the Act ” means the Water Industry Act 1991;
“drought plan” means a plan prepared and maintained by a water undertaker in accordance with their duty under section 39B(1) of the Act.
“draft drought plan” means a draft drought plan sent to the Secretary of State or the National Assembly for Wales in accordance with section 37B(1) of the Act.
4
Reference in these Regulations to section 37B of the Act is a reference to that section as applied by section 39B(5) of the Act.
5
References in these Regulations to “the Secretary of State or the National Assembly for Wales” shall mean, in relation to a water undertaker whose area is wholly or mainly in Wales, the National Assembly for Wales, and in all other cases, the Secretary of State.
Publication of draft drought plans
2
1
A draft drought plan published in accordance with section 37B(3) of the Act shall be published both in paper form and on a website.
2
The persons to whom a water undertaker shall send a copy of the published draft drought plan and accompanying statement in accordance with sections 37B(3)(c) of the Act are —
a
those bodies and persons specified in section 39B(7) of the Act;
b
any regional development agencies, established under the Regional Development Agencies Act 1998 , in the water undertaker’s area;
c
in England, any elected regional assembly, established under an enactment following a referendum held under section 1 of the Regional Assemblies (Preparations) Act 2003 , in the water undertaker’s area;
d
all local authorities (except the council of any parish) as defined in section 270(1) of the Local Government Act 1972 in the water undertaker’s area;
e
any National Park Authorities, established under section 63 of the Environment Act 1995 for any part of the water undertaker’s area;
f
if the water undertaker’s area includes any part of the Broads, as defined in section 2(3) of the Norfolk and Suffolk Broads Act 1988 , the Broads Authority;
g
if the water undertaker’s area includes any part of England, the Countryside Commission, English Nature and the Historic Buildings and Monuments Commission for England;
h
in relation to a water undertaker whose area is mainly but not wholly in Wales, the Secretary of State;
i
if the water undertaker’s area includes any part of Wales, the Countryside Council for Wales and Cadw, being the executive agency responsible for carrying out the functions vested in the National Assembly relating to the historic environment ;
j
in relation to a water undertaker whose area includes any part of Wales, but is not wholly or mainly in Wales, the National Assembly for Wales;
k
in relation to a water undertaker who abstracts water in Wales, but whose area does not include any part of Wales, the National Assembly for Wales;
l
any navigation authority, exercising functions in relation to any canal or other inland navigation which is wholly or partly in the water undertaker’s area; and
m
as from the coming into force of section 27A of the Act, the Consumer Council for Water.
Publication of statement accompanying draft drought plans
3
Where a water undertaker publishes a statement accompanying the draft drought plan in accordance with section 37B(3)(b) of the Act, it shall specify in the statement that any person making representations —
a
to the National Assembly for Wales, must send a copy of those representations to the Secretary of State if those representations are made in response to a draft drought plan sent to the National Assembly of Wales in accordance with regulation 2(2)(j) or (k); and
b
to the Secretary of State, must send a copy of those representations to the National Assembly for Wales if those representations are made in response to a draft drought plan sent to the Secretary of State in accordance with regulation 2(2)(h).
Representations received by the Secretary of State or the National Assembly for Wales
4
A water undertaker shall, in relation to any representations received by the Secretary of State or the National Assembly for Wales and sent to that undertaker in accordance with section 37B(4) of the Act, produce a statement detailing —
a
the consideration that it has given to those representations;
b
any changes that it has made to the draft drought plan as a result of consideration of those representations and its reasons for doing so; and
c
where no change has been made to the draft drought plan as a result of consideration of any representation, the reason for this.
Inquiries
5
1
The Secretary of State or the National Assembly for Wales may cause an inquiry or other hearing to be held in connection with a draft drought plan.
2
Where the Secretary of State or the National Assembly for Wales causes an inquiry or other hearing to be held in accordance with paragraph (1), subsections (2) to (5) of section 250 of the Local Government Act 1972 shall apply to such inquiry or other hearing as they apply to inquiries under that section, except that for any reference in that section to a “local authority” there shall be read instead a reference to the water undertaker whose draft drought plan is the subject of the inquiry or other hearing.
Publication
6
A drought plan published in accordance with section 37B(8) of the Act shall be published both in paper form and on a website.
Signed on behalf of the National Assembly for Wales,
D.Elis-Thomas
The Presiding Officer of the National Assembly
5th July 2005
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
10th July 2005


text:
1
This Order may be cited as the A21 Trunk Road (Lamberhurst) (Derestriction) Order 200 and shall come into force on 23rd March 2005.
2
The lengths of the new trunk road and trunk road specified in the Schedule to this Order shall cease to be restricted roads for the purposes of section 81 of the Road Traffic Regulation Act 1984.
3
In this Order —
“the new trunk road” means the new trunk road near Lamberhurst in the Borough of Tunbridge Wells in the County of Kent being constructed in pursuance of the A21 Trunk Road (Lamberhurst Bypass) Order 1976 ;
“the trunk road” means the A21 Trunk Road at Lamberhurst in the said Borough and County.
Signed by authority of the Secretary of State for Transport
Peter Wallwork
Divisional Director Highways Agency
Department for Transport
2nd March 2005


text:
Citation and commencement
1
These Rules may be cited as the Courts-Martial (Royal Navy) (Amendment) Rules 2005 and shall come into force on 2nd February 2006.
Amendment of Rules
2
The following paragraph shall be inserted after paragraph (1) of rule 30 of the Courts-Martial (Royal Navy) Rules —
1A
The jurisdiction of the court to make an order —
a
as to the payment of costs incurred by a party to the proceedings as a result of an unnecessary or improper act or omission by or on behalf of another party to the proceedings; or
b
disallowing or ordering the legal or other representative as defined in section 27(3) of the Armed Forces Act 2001 to meet the whole or any part of any wasted costs as there defined
may be exercised by the judge advocate sitting alone and he may direct the other members of the court to withdraw for the purpose of exercising the jurisdiction.
.
Don Touhig
Parliamentary Under Secretary of State Ministry of Defence
19th December 2005


text:
Citation and commencement
1
These Regulations may be cited as the Tonnage Tax (Training Requirement) (Amendment) Regulations 2005 and shall come into force on 1st October 2005.
Interpretation
2
In these Regulations, “relevant four month period” means a period of four months commencing on 1st October, 1st February or 1st June.
Payments in lieu of training
3
1
The Tonnage Tax (Training Requirement) Regulations 2000 shall be amended as follows.
2
In regulation 15(1)(b) (payments in lieu of training), for “£608” substitute “£621”.
3
In regulation 21(4) (higher rate of payment in case of failure to meet training requirement), for “£553” substitute “£565”.
Application
4
These Regulations apply for the purpose of calculating the payments in lieu of training in respect of a relevant four month period falling on or after 1st October 2005.
Signed by authority of the Secretary of State
Derek Twigg
Parliamentary Under Secretary of State
Department for Transport
15th August 2005


text:
Citation and commencement
1
This Order may be cited as the Children Act 2004 (Designation of NHS Direct) Order 2005 and shall come into force on 1st October 2005.
Designation of NHS Direct
2
NHS Direct , being a Special Health Authority exercising functions in relation to England, is hereby designated for the purposes of section 11(1)(d) of the Children Act 2004.
Maria Eagle
Parliamentary Under Secretary of State
Department for Education and Skills
26th August 2005


text:
Citation, commencement and territorial application
1
1
These Regulations may be cited as the Waste Management Licensing (England and Wales)(Amendment and Related Provisions)(No.3) Regulations 2005.
2
These Regulations shall come into force —
a
for the purposes of the revocation of regulations 3 to 22 of the Waste Management Licensing (England and Wales)(Amendment and Related Provisions)(No.2) Regulations 2005 , on 30th June 2005;
b
for all other purposes, on 1st July 2005 (“the amendment date”).
3
These Regulations extend to England and Wales but regulation 6 applies to England only.
Revocation of the Waste Management Licensing (England and Wales)(Amendment and Related Provisions)(No.2) Regulations 2005
2
The Waste Management Licensing (England and Wales)(Amendment and Related Provisions)(No.2) Regulations 2005 are revoked.
Amendment of the Environment Act 1995
3
1
The Environment Act 1995 is amended as follows.
2
In section 56(1) in the definition of “environmental licence” which applies in the application of Part 1 of that Act in relation to the Environment Agency, in paragraph (j) after “in respect of”, insert “an activity which requires notification under regulation 18AA of those Regulations or”.
Amendment of the Waste Management Licensing Regulations 1994
4
— The Waste Management Licensing Regulations 1994 are amended in accordance with regulations 5 to 18.
Amendment of regulation 1: interpretation
5
In regulation 1(3) insert at the appropriate place —
“internal drainage board” has the meaning given by section 1(1) of the Land Drainage Act 1991 ; and
“notifiable exempt activity” means an exempt activity falling within paragraph 7A, 8A, 9A, 10A, 19A or 46A of Schedule 3 to these Regulations
.
Amendment of regulations 10 and 12: public registers and mobile plant
6
1
In regulation 10, in paragraph (1)(g) —
a
omit paragraph (i); and
b
at the end insert —
iv
the scores which result from any risk appraisal relating to a site which is the subject of a waste management licence;
.
2
In regulation 12, in paragraph (1) —
a
for sub-paragraph (d) substitute —
d
plant for the treatment of clinical waste;
;
b
after sub-paragraph (e) insert —
f
plant for the dewatering of muds, sludges, soils and dredgings;
g
plant for the treatment by lime stabilisation of sludge;
h
plant for the treatment of contaminated material, substances or products, for the purpose of remedial action with respect to land or controlled waters;
; and
c
after paragraph (2) insert —
3
For the purposes of paragraph (1)(h) above “controlled waters” has the meaning given by section 104 of the Water Resources Act 1991
.
Amendment of regulation 17: exemptions from waste management licensing
7
In regulation 17 —
a
in paragraph (2), for the list of paragraphs of Schedule 3, substitute “4, 7A, 8A, 8B, 9A, 11, 13, 14, 15, 17, 18, 19A, 25, 37, 40, 41, 45 or 46A”; and
b
after paragraph (5) insert —
5A
It shall be the duty of each appropriate registration authority (as defined in regulation 18(10)) to have regard to any guidance issued to it by the Secretary of State with respect to the discharge of its functions in relation to any exempt activity.
.
Amendment of regulation 18: registration in connection with exempt activities
8
1
In regulation 18 —
a
in paragraph (1), for “, (1B) and (7)” substitute “and (1B)”
b
in paragraph (4), after “undertaking” insert “carrying on an exempt activity other than a notifiable exempt activity”;
c
insert before paragraph (6) —
5A
The duty to maintain a register in paragraph (2) above includes the duty to remove an entry in relation to an establishment or undertaking if —
a
the appropriate registration authority has become aware that the undertaking or establishment has ceased to carry on the relevant activity;
b
the activity is not being carried on in compliance with the conditions or limitations of the relevant paragraph in Schedule 3; or
c
regulation 17(1) is disapplied in relation to the activity by virtue of any of the provisions in regulation 17(1A) to (4).
d
in paragraph (6), for sub-paragraphs (a) and (b) substitute —
a
in the case of a notifiable exempt activity, level 3 on the standard scale; and
b
in any other case, level 2 on the standard scale.
; and
e
omit paragraph (7).
Supervision of exempt activities
9
After regulation 18 insert —
Supervision of exempt activities
18AA
1
An establishment or undertaking which wishes to be registered as carrying on a notifiable exempt activity must provide to the appropriate registration authority —
a
a notice of its relevant particulars and such other information as the authority reasonably requires in relation to the activity as indicated on a form provided for the purpose by the authority;
b
such plans and other documents as the authority reasonably requires;
c
the quantity of waste to be disposed of or recovered; and
d
any applicable charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995.
2
For the purposes of paragraph (1), the total area covered by a notice in relation to any exempt activity falling within paragraph 7A of Schedule 3 shall not exceed 50 hectares.
3
The information required under paragraph (1) above shall include a certificate prepared by a person with appropriate technical expertise containing such evidence as can reasonably be expected to demonstrate that, in relation to an exempt activity falling within paragraphs 7A, 8A or 9A(1)(b) of Schedule 3, the activity will result in benefit to agriculture or ecological improvement and will be consistent with the need to attain the objectives mentioned in paragraph 4(1)(a) of Part 1 of Schedule 4.
4
Where it receives notification pursuant to paragraph (1), the appropriate registration authority shall —
a
enter the relevant particulars in the register; or
b
before the end of the relevant period refuse to enter the relevant particulars in the register (such decision, and the reasons for it, to be set out in writing and served on the establishment or undertaking).
5
An establishment or undertaking which carries on a notifiable exempt activity and wishes to maintain its entry on the register must, within 12 months of the date that the particulars were entered or last renewed, provide to the appropriate registration authority a renewal notice including —
a
a notice confirming that it continues to carry on the exempt activity together with such other information as the authority reasonably requires in relation to the activity as indicated on a form provided for that purpose by the authority;
b
such plans or other documents as the authority may reasonably require;
c
the quantity of waste to be disposed of or recovered; and
d
any applicable charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995.
6
An establishment or undertaking which wishes to dispose of or recover a quantity of waste which exceeds the amount notified by it to the appropriate registration authority shall provide a revised notification under paragraph (1) (including any applicable charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995).
7
The appropriate registration authority shall remove from the register an entry in relation to an establishment or undertaking which carries on a notifiable exempt activity if —
a
it has not received a renewal notice in accordance with paragraph (5) within 12 months of the date on which the particulars were entered into the register or were last renewed; or
b
it has decided to refuse to renew a registration in response to such a notice within the relevant period (such decision, and the reasons for it, to be set out in writing and served on the establishment or undertaking).
8
Subject to paragraph (9), an establishment or undertaking carrying on a notifiable exempt activity shall keep records of the quantity, nature, origin, and where relevant destination and treatment method of all waste disposed of or recovered in the course of that activity.
9
Paragraph (8) does not apply in relation to the carrying on of an exempt activity under —
a
paragraph 9A of Schedule 3 at any place where the quantity of waste recovered in reliance on the exemption at that place is less than 2,500 cubic metres; or
b
paragraph 19A of Schedule 3 at any place where the quantity of waste recovered in reliance on the exemption at that place is less than 2,500 tonnes.
10
Records kept under paragraph (8) shall be kept for a period of at least two years in such form as to show for each month the total quantity of waste disposed of or recovered at that place during that month, and during those two years shall be made available to the appropriate registration authority on request.
11
An establishment or undertaking which carries on an exempt activity in breach of paragraph (6), (8) or (10) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
12
In this regulation, “the relevant period” means the period of 35 days beginning with the date of receipt of the notice by the authority (or such longer period as the appropriate registration authority and establishment or undertaking may agree in writing).
.
Land treatment
10
For paragraph 7 of Schedule 3 substitute —
7A
1
The treatment of land used for agriculture with any kind of waste specified from the corresponding source specified in Table 2(A)A where such treatment results in benefit to agriculture or ecological improvement.
2
The treatment with any of the kinds of wastes listed in Part 1 of Table 2(A)A of —
a
operational land of a railway, light railway, water undertaker, internal drainage board, British Waterways Board or the Environment Agency (where in relation to an internal drainage board “operational land” means land which is held for the purpose of carrying out its functions as an internal drainage board); or
b
land which is a forest, woodland, park, garden, verge, landscaped area, sports ground, recreation ground, churchyard or cemetery,
where the land in question is not used for agriculture and such treatment results in ecological improvement.
Table 2(A)A
Source of Waste Kind of Waste
PART 1 Wastes from forestry, aquaculture, horticulture and fishing Plant-tissue waste Wastes from sugar processing Soil from cleaning and washing beet Wastes from wood processing and the production of panels and furniture
Waste bark and cork
Sawdust shavings, cuttings, wood and particle board
Wastes from pulp, paper and cardboard production and processing Waste bark and wood, pulp from virgin timber Soil (excluding excavated soil from contaminated sites), stones and dredging spoil Soil and stones Wastes from aerobic treatment of solid wastes Compost of biodegradable garden and park waste Garden and park wastes (including cemetery waste)
Biodegradable waste
Soil and stones
PART 2 Wastes from the preparation and processing of meat, fish and other foods of animal origin
Blood and gut contents from abattoirs, poultry preparation plants or fish preparation plants Wash waters and sludges (with or without treatment) from abattoirs, poultry preparation plants or fish preparation plants
Shells from shellfish processing
Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production, molasses preparation and fermentation All wastes derived from the processing of such materials Wastes from sugar processing All wastes derived from the processing of sugar Wastes from the dairy products industry Wastes derived from the processing of dairy products Wastes from the baking and confectionery industry All wastes derived from the processing of raw materials used in the baking and confectionery industry Wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) All wastes derived from the processing of the raw materials used in the production of such beverages Wastes from pulp, paper and cardboard production and processing
De-inked paper sludge and de-inked paper pulp from paper recycling
Lime mud waste
Wastes from the leather and fur industry Sludges from on-site effluent treatment free of chromium Wastes from the textile industry
Organic matter from natural products
Wastes from finishing other than those containing organic solvents
Sludges from on-site effluent treatment
Wastes from textile fibres
Wastes from the manufacture of cement, lime and plaster and articles and products made from them
Wastes from calcinations and hydration of lime
Gypsum
Wastes from power stations and other combustion plants Gypsum Soil (including excavated soil from contaminated sites), stones and dredging spoil Dredging spoil (other than those containing dangerous substances) Wastes from aerobic treatment of waste
Compost derived from source segregated biodegradable waste
Liquor from aerobic treatment of source segregated biodegradable waste
Digestate from aerobic treatment of source segregated biodegradable waste
Wastes from anaerobic treatment of waste
Compost derived from source segregated biodegradable waste
Liquor from anaerobic treatment of source segregated biodegradable waste
Digestate from anaerobic treatment of source segregated biodegradable waste
Wastes from the preparation of water intended for human consumption or water for industrial use Sludges from water clarification
3
The secure storage, at the place where it is to be used, of not more than 1250 tonnes of waste intended to be used in reliance upon the exemption conferred by sub-paragraph (1) or (2), if —
a
the waste is stored at a distance of not less than —
i
10 metres from any watercourse;
ii
50 metres from any spring or well, or from any borehole not used to supply water for domestic or food production purposes; or
iii
250 metres from any borehole used to supply water for domestic or food production purposes;
b
no waste is stored within 0.3 metres of the top of an open storage container or within 0.75 metres of the top of an earthbank tank or lagoon; and
c
the waste is stored for no more than twelve months.
4
Sub-paragraphs (1) and (2) apply only if —
a
in relation to —
i
sugar beet soil, no more than 1,500 tonnes,
ii
dredging spoil from inland waters, no more than 5,000 tonnes, or
iii
any other waste, no more than 250 tonnes,
of waste per hectare is used on the land in any period of twelve months; and
b
the activity is carried on in accordance with any requirements imposed by the Animal By-Products Regulations 2003 .
5
In this paragraph “agriculture” has the same meaning as in the Agriculture Act 1947 .
6
In this paragraph, paragraph 8A and paragraph 8B below “domestic purposes” has the same meaning as in the Water Industry Act 1991 and “food production purposes” has the same meaning as in Part 3 of that Act.
.
Storage and spreading of sludge
11
For paragraph 8 of Schedule 3 substitute —
8A
1
The treatment with sludge of land which is not agricultural land within the meaning of the 1989 Regulations if —
a
it results in ecological improvement, or in the case of the treatment of land used for non-food crops not grown in short term rotation with food crops, it results in benefit to agriculture;
b
it does not cause the concentration in the soil of any of the elements listed in column 1 of the soil table set out in Schedule 2 to the 1989 Regulations to exceed the limit specified in column 2 of the table; and
c
no more 250 tonnes of sludge per hectare is used on the land in any period of twelve months.
2
The storage in a secure container or lagoon (or, in the case of dewatered sludge, in a secure place) of sludge intended to be used for land treatment in reliance upon the exemption conferred by sub-paragraph (1) if —
a
the sludge is stored at the place where it is to be used;
b
no sludge is stored at a distance less than —
i
10 metres from any watercourse;
ii
50 metres from any spring or well, or from any borehole not used to supply water for domestic or food production purposes;
iii
250 metres from any borehole used to supply water for domestic or food production purposes;
c
no sludge is stored within a zone defined by a 50 day travel time for groundwater to reach a groundwater source used to supply water for domestic or food production purposes;
d
no sludge is stored within 0.3 metres of the top of an open storage container or within 0.75 metres of the top of an earthbank tank or lagoon;
e
no sludge is stored for a period of more than twelve months; and
f
no more than 1,250 tonnes of sludge is stored at any one time.
4
In this paragraph and paragraph 8B below —
a
“the 1989 Regulations” means the Sludge (Use in Agriculture) Regulations 1989 ; and
b
“sludge” (in relation to sewage) has the meaning given by regulation 2(1) of the 1989 Regulations.
8B
The storage in a secure container or lagoon (or, in the case of dewatered sludge, in a secure place) of sludge which is to be used in accordance with the 1989 Regulations if —
a
the sludge is stored at the place where it is to be used;
b
no sludge is stored at a distance less than —
i
10 metres from any watercourse;
ii
50 metres from any spring or well, or from any borehole not used to supply water for domestic or food production purposes;
iii
250 metres from any borehole used to supply water for domestic or food production purposes;
c
no sludge is stored within a zone defined by a 50 day travel time for groundwater to reach a groundwater source used to supply water for domestic or food production purposes;
d
no sludge is stored within 0.3 metres of the top of an open storage container or within 0.75 metres of the top of an earthbank tank or lagoon;
e
no sludge is stored for a period of more than twelve months; and
f
no more than 1,250 tonnes of sludge is stored at any one time.
.
Reclamation or improvement of land
12
For paragraph 9 of Schedule 3 substitute —
9A
1
Subject to sub-paragraph (2) —
a
the spreading of any kind of wastes from the corresponding source listed in Part 1 of Table 2AA on any land; or
b
the spreading of any kind of waste from the corresponding source listed in Part 2 of the Table on any land where that activity results in benefit to agriculture or ecological improvement.
Table 2AA
Source of Waste Kind of Waste
PART 1 Wastes from physical and chemical processing of non-metalliferous minerals
Waste gravel and crushed rocks
Waste sand and clays
Wastes from sugar processing Soil from cleaning and washing beet Wastes from power stations and other combustion plants (except wastes from waste management facilities, off-site waste water treatment plants and the preparation of water intended for human consumption and water for industrial use) Pulverised fuel ash, bottom ash and slag Wastes from manufacture of ceramic goods, bricks, tiles and construction products Waste ceramics, bricks, tiles and construction products (after thermal processing) Wastes from manufacture of cement, lime and plaster and articles and products made from them Waste concrete and concrete sludge Concrete, bricks, tiles and ceramics
Bricks
Tiles and ceramics
Mixtures of concrete, bricks, tiles and ceramics
Wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, palletising) not otherwise specified. Minerals (for example sand, stones) Wastes from soil and groundwater remediation Solid wastes from soil remediation (other than those containing dangerous substances) Garden and park wastes (including cemetery waste) Soil and stones Soil (including excavated soil from contaminated sites), stones and dredging spoil Track ballast other than those containing dangerous substances PART 2 Wastes from pulp, paper and cardboard production and processing
De-inked paper sludge and de-inked paper pulp
Lime mud waste
Soil (including excavated soil from contaminated sites), stones and dredging spoil
Soil and stones other than those containing dangerous substances
Dredging spoil other than those containing dangerous substances
Wastes from aerobic treatment of solid wastes Compost Wastes from waste water treatment plants Sludges from treatment of urban waste water Wastes from the preparation of water intended for human consumption or water for industrial use. Sludges from water clarification Wastes from soil and groundwater remediation Sludges from soil remediation (other than those containing dangerous substances)
2
Sub-paragraph (1) applies only where —
a
the waste is spread for the purpose of reclamation, restoration or improvement of land which has been subject to industrial or other man-made development, and the use to which that land could be put would be improved by the spreading;
b
the waste is spread in accordance with any requirement in or under the Town and Country Planning Act 1990 ;
c
the waste is spread to a depth not exceeding the lesser of 2 metres or the final cross-sections shown on a plan submitted under regulation 18AA of these Regulations; and
d
no more than 20,000 cubic metres of waste is spread per hectare.
3
The secure storage for a period not exceeding six months, at the place where it is to be spread, of waste intended to be spread in reliance upon sub-paragraph (1).
.
Recovery operations at water and sewage treatment works
13
For paragraph 10 of Schedule 3 substitute —
10A
1
The treatment within the curtilage of a water treatment works of —
a
sludges from water clarification;
b
sludges from decarbonation solutions;
c
sludges from regeneration of solutions and ion exchanges; and
d
waste water and bore-hole flushings,
arising from water treatment at the works if the total quantity of waste which is treated in any period of twelve months does not exceed 10,000 cubic metres.
2
The secure storage of waste intended to be submitted to the activities mentioned in sub-paragraph (1) if that storage is at the works where the waste is produced.
3
Subject to sub-paragraphs (4) and (5) —
a
any recovery operation carried on within the curtilage of a sewage treatment works (other than the recovery of sewage, sludge or septic tank sludge as an integral part of the operation of those works) in relation to any of the kinds of wastes from the sources listed in Table 2AB; and
b
the secure storage within the curtilage of a sewage treatment works of such waste intended to be recovered in reliance upon the exemption conferred by sub-paragraph (a).
Table 2AB
Source of Waste Kind of Waste
Wastes from other sewage treatment works
Screenings
Sludges from treatment of urban waste water
Other municipal wastes
Septic tank sludge
Cesspool waste and other sewage sludge
Waste from sewage cleaning
Wastes from the preparation of water intended for human consumption or for industrial use
Sludges from water clarification
Sludges from decarbonation
Solutions and sludges from regeneration of ion exchangers
4
The total quantity of waste brought to a sewage treatment works in any period of 12 months shall not exceed 100,000 cubic metres.
5
The activity shall be carried out on an area with an impermeable pavement capable of containing any spillage of waste received and connected to a drainage system with impermeable components which does not leak and which will ensure that —
a
no liquid will run off the pavement otherwise than via the system; and
b
except where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump.
6
In this paragraph, “sludge” (in relation to sewage) and “septic tank sludge” have the same meanings as in regulation 2(1) of the Sludge (Use in Agriculture) Regulations 1989.
.
14
In paragraph 13(3) of Schedule 3 for “paragraph 7 or 9” substitute “paragraph 7A or 9A”.
15
In paragraph 15(3) of Schedule 3 for “paragraph 7, 8, 9, 19 or 25” substitute “paragraph 7A, 8A, 8B, 9A, 19A or 25”.
Storage and use of building waste
16
For paragraph 19 of Schedule 3 substitute —
19A
1
The storage on a site of any of the kinds of wastes from the corresponding source listed in Table 4AB, if —
a
the waste in question is suitable for use for the purposes of relevant work which will be carried on at the site;
b
no more than 50,000 tonnes of such waste are stored at the site; and
c
in the case of waste which is not produced on the site, it is not stored there for longer than six months.
Table 4AB
Source of Waste Kind of Waste
Wastes from physical and chemical processing of non-metalliferous minerals
Waste gravel and crushed rocks other than those containing dangerous substances
Waste sand and clays
Wastes from sugar processing Soil from cleaning and washing beet Wastes from power stations and other combustion plants (except wastes from waste management facilities, off-site waste water treatment plants and the preparation of water intended for human consumption and waste for industrial use)
Bottom ash, slag and boiler dust (excluding oil fly ash and boiler dust)
Pulverised fuel ash
Gypsum
Wastes from the iron and steel industry Unprocessed slag Wastes from the casting of ferrous and non ferrous pieces Furnace slag Wastes from the manufacture of ceramic goods, bricks, tiles and construction pieces Waste ceramics, bricks, tiles and construction products (after thermal processing) Wastes from the manufacture of cement, lime and plaster and articles and products made from them Waste concrete and concrete sludge Concrete, bricks, tiles and ceramics
Concrete
Bricks
Tiles and ceramics
Mixtures of concrete, bricks, tiles and ceramics
Wastes from incineration and pyrolysis of waste Bottom ash and slag Wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified Minerals (for example sand, stones) Soil (including excavated soil from contaminated sites), stones and dredging spoil
Track ballast, soil and stones other than those containing dangerous substances
Dredging spoil (unless it contains dangerous substances)*
Garden and park waste (including cemetery waste) Soil and stones Bituminous mixtures, coal tar and tarred products Road base and road planings
* For the purposes of paragraphs (1) and (2), dredging spoil is only suitable for use in drainage works.
2
The use of any kind of waste from the corresponding source listed in Table 4AB for the purposes of relevant work if —
a
the waste is suitable for use for those purposes;
b
the work is carried out in accordance with any requirement in or under the Town and Country Planning Act 1990; and
c
the waste is used to a depth that does not exceed the dimensions of the final cross sections shown on any plan submitted under regulation 18AA of these Regulations.
3
The storage on a site of waste consisting of road planings and roadbase which are to be used for the purposes of relevant work carried on elsewhere if —
a
no more than 50,000 tonnes of such waste are stored at the site; and
b
the waste is stored there for no longer than six months.
4
In this paragraph, “relevant work” means work for the construction, maintenance or improvement of —
a
a building, highway, railway, airport, dock or other transport facility;
b
recreational facilities; or
c
drainage
but does not include work involving land reclamation.
5
In this paragraph “drainage” means drainage carried out for the purposes of the Land Drainage Act 1991, the Water Resources Act 1991 or the Environment Act 1995.
.
17
In paragraph 25(5) of Schedule 3 —
a
in paragraph (b) for “7(1) or (2)” substitute 7A(1) or (2)”; and
b
in paragraph (c) for “paragraph 9(1)” substitute “paragraph 9A(1)”.
Burning of waste at docks
18
After paragraph 45 (recovery of scrap metal) insert —
46A
1
Subject to sub-paragraphs (3) and (4), the burning at a dock of waste consisting of —
a
plant tissue waste, pursuant to a notice given under regulation 22 of the Plant Health (Great Britain) Order 1993 ;
b
wood of any kind used to wedge or support parts of cargo, including packing material, spacers and pallets, pursuant to a notice given under regulation 21 of the Plant Health (Forestry) (Great Britain) Order 1993 .
2
The storage at the dock where it was unloaded of waste intended to be burned under sub-paragraph (1).
3
The total quantity of waste stored or burned, in any period of 24 hours, shall not exceed 15 tonnes.
4
The waste shall be burnt on a hard-standing, within a secure location at the dock where it was unloaded.
.
Transitional provisions
19
1
This regulation applies to the carrying on of any exempt activity falling within paragraph 7, 8, 9, 10, or 19 of Schedule 3 to the Waste Management Licensing Regulations 1994 (as they had effect before the amendment date) which was being carried on immediately before the amendment date (“a transitional exempt activity”).
2
A person who was carrying on a transitional exempt activity at any place immediately before the amendment date will be treated as if the Waste Management Licensing Regulations 1994 (as they had effect before the amendment date) continue to apply in relation to the carrying on of that activity at that place until the prescribed date.
3
The prescribed date is —
a
where an application for a waste management licence is duly made in relation to the activity before 1st October 2005, the date on which the application is granted or if the application is (or is deemed to be) rejected, the date on which the period for appealing against that rejection expires without an appeal being made or any appeal is withdrawn or finally determined;
b
where a notification is provided in relation to that activity in accordance with regulation 18AA(1) of the Waste Management Licensing Regulations 1994 before 1st October 2005, the date on which the appropriate registration authority enters the relevant particulars in the register or, if it refuses to do so, the date on which it notifies the exempt person of their decision; or
c
in any other case, 1st October 2005.
20
If —
a
immediately before the amendment date, a person is the holder of a waste management licence, and
b
on the amendment date an activity authorised by the licence becomes an exempt activity within the meaning of the Waste Management Licensing Regulations 1994,
the licence shall (so far as it applies to that activity) be treated as revoked under section 38 of the Environmental Protection Act 1990 on the amendment date.
Transitional charges
21
1
Subject to paragraph (2), the requirements to pay the charges set out in Table 1 shall apply to any notification made pursuant to regulation 18AA of the Waste Management Licensing Regulations 1994.
2
Paragraph (1) shall cease to apply in relation to an activity once a charge is prescribed in relation to that activity by a charging scheme made under section 41 of the Environment Act 1995.
Table 1
Relevant paragraph of Schedule 3 to the 1994 Regulations Charge required under regulation 18AA(1)(d) (£) Charge required under regulation 18AA(5)(d) (£)
Paragraphs 7A,8A, 9A and 19A 546 412 Paragraph 10A 385 321 Paragraph 46A 417 353
Ben Bradshaw
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
29th June 2005


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Licence Charges) Regulations 2005 and shall come into force on 13th June 2005.
Revocation
2
The Regulations set out in Schedule 1 are hereby revoked.
Interpretation
3
1
In these Regulations —
“the 1998 Act” means the Wireless Telegraphy Act 1998 ;
“the 2003 Act” means the Communications Act 2003 ;
“the “ 2004 Regulations ” means the Wireless Telegraphy (Spectrum Trading) Regulations 2004 ;
“apparatus” means apparatus for wireless telegraphy;
“base station” means a station which facilitates or controls communications between a mobile station and —
itself;
another mobile station;
a fixed mobile station; or
any electronic communications network;
“channel” means a part of the radio frequency spectrum intended to be used for a transmission of signals, and defined by —
two specified frequency limits; or
by its centre frequency and the associated bandwidth,
or by an indication equivalent to (a) or (b);
“co-channel” means apparatus operating in an identical frequency or channel;
“congested area” and “heavily congested area” means such part of the British Islands considered by OFCOM to have respectively congested and heavily congested use of the radio frequency spectrum for a specified class of licence and identified as such in Schedules 3 to 6 by reference to the grid squares of the 2nd series of Landranger maps published by the Ordnance Survey, and “non-congested area” shall be construed accordingly;
“cross-polar” means the use of orthogonal polarisation to permit the re-use of identical frequencies or channels in the same area;
“earth station” means a radio station situated either on the earth’s surface or within the earth’s atmosphere and is intended for communication with one or more:
radio stations which are situated beyond, or are intended to be situated beyond, the earth’s atmosphere; or
radio stations of the same kind by means of one or more reflecting satellites or other objects in space;
“fixed link” means a connection by wireless telegraphy designed for use between two fixed points;
“fixed mobile station” means a control point configured to operate in the manner of a mobile station;
“hub” means a single fixed site connected to more than one fixed station via wireless telegraphy links operating in the same frequency bands;
“licence” means a wireless telegraphy licence;
“licensee” means the person to whom a licence is issued;
“medium wave broadcasting band” means that part of the radio frequency spectrum between 526.5 kHz and 1606.5 kHz;
“mobile station” means a station (other than a base station) intended to be used while in motion or during halts at unspecified points;
“national channel” means a channel which the licensee is authorised to use throughout the United Kingdom;
“prescribed payment interval” has the meaning given by regulation 4(1);
“prescribed sum” means a fixed sum or variable sum which is payable to OFCOM under regulation 4(1)(c) or (d);
“prescribed time” means the time when a sum is payable to OFCOM under regulation 4(1);
“slot” means the smallest unit of the radio frequency spectrum used in the construction of a frequency plan, such that all bands, sub-bands, blocks and channels which are used in such plan are integer multiples of the slot size;
“station” means a station for wireless telegraphy;
“time slot” means a recurring time delimited proportion of a channel within which the transmission must be initiated and completed;
“ UHF Band I ” means that part of the radio frequency spectrum between 410.00000 MHz and 449.49375 MHz;
“ UHF Band II ” means that part of the radio frequency spectrum between 453.00625 MHz and 466.08750 MHz;
“ VHF broadcasting band ” means that part of the radio frequency spectrum between 87.5 MHz and 108.0 MHz;
“ VHF High Band ” means that part of the radio frequency spectrum between 165.04375 MHz and 173.09375 MHz;
“ VHF Low Band ” means that part of the radio frequency spectrum between 68.08125 MHz and 87.49375 MHz; and
“ VHF Mid Band ” means that part of the radio frequency spectrum between 137.96250 MHz and 165.04375 MHz.
2
Where these Regulations provide for the prescribed sum to be calculated by reference to a number of any of the following things —
a
base stations;
b
channels;
c
fixed links;
d
mobile stations;
e
national channels;
f
population;
g
regional channels;
h
slots;
i
stations,
the number shall be taken to be the number the use of which is authorised by the licence at the prescribed time.
3
In relation to a Transmission of National and Local Radio Broadcasting Services Licence and a Community Radio Licence, a reference to the licensee’s coverage is a reference to the total population covered by the transmitters which the licensee is authorised to use in the medium wave broadcasting band or the VHF broadcasting band (as the case may be) as specified in the licence granted to the licensee, and “covered” shall be construed accordingly.
4
In relation to a Business Radio (Public Access Mobile Radio) Licence, a Business Radio (Public Wide Area Paging) Licence, a Business Radio (Public Mobile Data, Non-Voice) Licence and a Business Radio (Remote Meter Reading Operator) Licence, “regional channel” means a channel used for transmission at stations situated in an area specified in the licence.
5
In relation to a Coastal Station Radio (International) Licence and a Coastal Station Radio ( UK ) Licence —
a
“channels designated for emergency use” means channels 0, 00, 16, 67, 70 and 73 when used solely to assist Her Majesty’s Coastguard, and channels 10, 16 and 70 when used solely to assist the Secretary of State with oil pollution control activities; and
b
a reference to an international maritime channel means a channel specified in the table in Appendix 18 to the 2004 edition of the Radio Regulations .
6
In relation to a Programme Making and Special Events Fixed Site Licence, a Programme Making and Special Events Link Licence, a Programme Making and Special Events Low Power Licence, a UK Wireless Microphone (Annual) Licence and a UK Wireless Microphone (Biennial) Licence —
a
“area” in relation to a channel specified in such a licence refers to an area with a population coverage below 2 million individuals;
b
“designated website” means the website address (at www.jfmg.co.uk or at such other website address as may be notified by OFCOM to persons who, in their opinion, are likely to be affected by any change of address by publishing such a notice on OFCOM’s website, www.ofcom.org.uk ) of OFCOM’s agents managing and licensing in the classes of licence set out under the heading of Programme Making and Special Events in Schedule 2;
c
“multi use type (1)” in relation to a channel specified in such a licence refers to a maximum of 60 periods with each such period not exceeding 48 hours;
d
“multi use type (2)” in relation to a channel specified in such a licence refers to a maximum of 480 periods with each such period not exceeding 48 hours;
e
“occasional use” in relation to a channel specified in such a licence refers to a period not exceeding 48 hours;
f
“premium case” means a case where at the applicant’s request such a licence is granted or varied outside office hours; and for the purposes of this definition “office hours” means 09.00 to 17.00 hours from Monday to Friday other than on a day which is a bank holiday in England and Wales;
g
“primary” in relation to a channel specified in such a licence refers to use at any time;
h
“programme making” includes the making of a programme for broadcast, the making of a film presentation, advertisement or audio or video tape, and the staging or performance of an entertainment, sporting or other public event;
i
“programme sound link” in relation to a channel specified in such a licence refers to a channel used to transmit the material produced in programme making from a fixed transmission station to a fixed receiving station;
j
“regional” in relation to a channel specified in such a licence refers to an area with a population coverage of 2 million individuals or more but below 12 million individuals;
k
“restricted service programme sound link” in relation to a channel specified in such a licence refers to a channel used to transmit the material produced in programme making from a fixed transmission station to a fixed receiving station where the transmission is for a period not exceeding thirty consecutive days;
l
“secondary” in relation to a channel specified in such a licence refers to use when the channel or band is not being used by another licensee under a licence which authorises such use as a primary channel;
m
“shared” in relation to a channel specified in such a licence refers to use at the same time as such a channel may be used by a licensee under another licence; and
n
“variation” in relation to such a licence refers to the addition of a channel to the channel specified in such licence;
and for the purpose of determining “population coverage” as referred to above, reference shall be made as appropriate to —
i
the estimated mid-year resident population for England and Wales for 2000 as shown in the “Office of National Statistics Population Estimates Mid-2000 for England and Wales” published in August 2001;
ii
the estimated mid-year resident population for Scotland for 2000 as shown in the “Mid-Year Population Estimates, Scotland” published in June 2001; and
iii
the estimated mid-year resident population for Northern Ireland for 2000 as shown in the “Annual Report of the Registrar General for Northern Ireland” published in November 2001.
7
In relation to a Satellite (Aircraft Earth Station) Licence, a Satellite (Earth Station Network) Licence and a Satellite (Earth Station on board Vessel) Licence, “network” means a uni- or bi-directional service from any number of earth station terminals to a single geo-stationary orbit satellite transponder transmitting in the earth to space direction.
Licence charges and time of payment
4
1
Subject to paragraphs (2) to (10) and to regulations 5 and 6, there shall be paid to OFCOM by the licensee —
a
on the issue of the licence and on the variation of the licence where such variation is prescribed in Schedule 2; and
b
on the last day of the period of twelve, twenty-four, thirty-six or (as the case may be) sixty months prescribed in Schedule 2, if any, in respect of the class of licence in question (“prescribed payment interval”) and on the last day of each subsequent prescribed payment interval thereafter (the first prescribed payment interval having begun on the day of the issue of the licence) for which the licence continues in force,
in relation to a licence of a class listed in Schedule 2 —
c
the fixed sum specified in; or
d
the variable sum determined in accordance with the provisions of,
that Schedule.
2
Except for the classes of licence listed under the heading “Programme Making and Special Events” in Schedule 2, where a licence is issued for a period less than a year, the sum payable shall be such sum as represents one-twelfth of the prescribed sum multiplied by the number of complete and part-complete months to the expiry of the licence.
3
The sum payable in accordance with paragraph (2) shall not be less than £20, and where such sum represents a fraction of a whole pound sterling then such sum shall be rounded up to the nearest pound sterling.
4
Paragraph (2) shall only apply to a licence in respect of which the fee otherwise payable for such licence is greater than £75 per annum.
5
Paragraph (7) shall apply to a licensee where —
a
a prescribed sum is payable by that licensee in respect of a licence under paragraph (1);
b
the licence is of one of the following classes —
i
the classes listed under the heading “Broadcasting” in Schedule 2;
ii
the classes listed under the heading “Fixed Links” in Schedule 2;
iii
the classes listed under the heading “Public Wireless Networks” in Schedule 2;
iv
the classes listed under the heading “Satellite Services” in Schedule 2; or
v
the classes listed under the heading “Business Radio” in Schedule 2;
c
the licence is granted for a period of a year or longer; and
d
the prescribed sum due for payment by the licensee is in excess of £100,000.
6
Paragraph (7) shall also apply to a licensee where —
a
prescribed sums are payable by that licensee under paragraph (1) in respect of more than one licence where all of those licences are of the same class and that class is one of the classes listed in paragraph (5)(b);
b
each of those prescribed sums is due for payment by the licensee at the same prescribed time in accordance with paragraph (1);
c
each of the prescribed sums is in respect of licences granted for a period of a year or longer; and
d
the total of the prescribed sums due for payment by the licensee are in excess of £100,000.
7
If OFCOM receive notice from a licensee to which this paragraph applies of the licensee’s intention to make payment in ten equal instalments of a sum equal to the prescribed sum referred to in paragraph (5) or equal to the total of the prescribed sums referred to in paragraph (6)(d), the licensee —
a
shall not be required to make payment at the prescribed time other than in accordance with this paragraph; and
b
shall make payment of the sum in ten equal instalment payments with the first instalment to be paid to OFCOM on the day which shall be the same day as the prescribed time when the prescribed sum or the prescribed sums were to be paid to OFCOM and each subsequent instalment to be paid on the same day in each of the nine consecutive months thereafter (or in a month in which there is no such day, on the last day of the month).
8
Where at any time the licensee fails to make payment in accordance with paragraph (7), the total of the outstanding instalment payments shall become immediately due for payment.
9
No sums shall be payable to OFCOM in respect of the issue of a licence in order to effect a transfer of rights and obligations under a licence to another person under regulation 8(5) of the 2004 Regulations.
10
For any licence issued in order to effect a transfer under the 2004 Regulations, the prescribed payment interval shall be treated as to commence and expire at the times when the corresponding prescribed payment interval would have commenced and expired under the licence from which the rights and obligations were transferred had the transfer not been made.
Concessionary licence charges
5
1
This regulation applies where a relevant licence is granted to an applicant, or held by a licensee, which —
a
is a charity; and
b
has as its object the safety of human life in an emergency.
2
The sum to be paid by a qualifying charity to OFCOM under section 1 of the 1998 Act on the issue of a relevant licence, and on the last day of each of the prescribed payment intervals (if any), shall be one half of the prescribed sum. Where the sum so payable to OFCOM represents a fraction of a whole pound sterling then the sum payable by the qualifying charity shall be rounded up to the nearest whole pound sterling.
3
In this regulation —
“charity” means a person who —
being subject to the laws of England and Wales, or Scotland, or Northern Ireland, is a charity within the meaning of section 506(1) of the Income and Corporation Taxes Act 1988 ;
being subject to the laws of the Isle of Man, is registered as a charity under the Charities Registration Act 1989 ;
being subject to the laws of Guernsey, is a member for the time being of the Association of Guernsey Charities; or
being subject to the laws of Jersey, is a member for the time being of the Association of Jersey Charities; and
“qualifying charity” is a body falling within paragraph (1); and
“relevant licence” means a licence of one of the following classes —
all of the classes listed under the heading “Aeronautical” in Schedule 2;
all of the classes listed under the heading “Maritime” in Schedule 2; and
all of the classes listed under the heading “Business Radio” in Schedule 2.
Other licence charges
6
Where a sum is not prescribed by regulations made under section 1 of the 1998 Act whether on the issue of a licence or subsequently, there shall be paid to OFCOM such sum as OFCOM may in the particular case determine.
Kip Meek
Senior Partner Content and Competition of the Office of Communications For and by authority of the Office of Communications
19th May 2005