text:
Citation and commencement
1
These Regulations may be cited as the Railways (Interoperability) (Amendment) Regulations 2007 and come into force on 8th January 2008.
Amendments to the Railways (Interoperability) Regulations 2006
2
1
The Railways (Interoperability) Regulations 2006 are amended as follows.
2
In regulation 2 (interpretation) —
a
for paragraph (1) substitute —
1
In these Regulations —
“Conventional Directive” means Directive 2001/16/ EC of the European Parliament and of the Council on the interoperability of the trans-European conventional rail system, as amended by Directive 2004/50/EC of the European Parliament and of the Council; and
“High-Speed Directive” means Council Directive 96/48/EC on the interoperability of the trans-European high-speed rail system, as amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council and by Directive 2004/50/EC of the European Parliament and of the Council.
;
b
in paragraph (2) for the words from “Annexes I to III to the High-Speed Directive” to the end of the sentence substitute —
The Annexes to both the High-Speed Directive and the Conventional Directive are reproduced in Schedules to these Regulations as follows —
a
Annexes I to III are reproduced in the Schedules indicated in the table;
b
Annexes IV , V and VII are substantially reproduced in the Schedules indicated in the table; and
c
Annex VI , as replaced by Directive 2007/32/EC of the Commission , is substantially reproduced, with minor modifications, in Schedule 9 as indicated in the table.
;
c
in paragraph (3) —
i
for the definition of “certificate of conformity” substitute —
“certificate of verification” means a certificate drawn up by the notified body in relation to a structural subsystem as part of the verification assessment procedure for that structural subsystem, and the reference in Schedule 9 to certificate shall be construed as a reference to the certificate of verification;
; and
ii
after the definition of “interoperability constituent” insert —
“ ISV ” means an intermediate statement of verification issued by a notified body in relation to the design stage or the production stage of a subsystem in accordance with Part 2 of Schedule 9;
; and
d
in paragraph (5) —
i
insert “and” at the end of sub-paragraph (a); and
ii
for sub-paragraphs (b) and (c) substitute —
b
“ EEA State” has the same meaning as in Schedule 1 to the Interpretation Act 1978 .
.
3
In regulation 4 (2) (a) (requirement for authorisation), for “conformity” substitute “verification”.
4
In regulation 8 (3) (c) (duties on a contracting entity), for “conformity” substitute “verification”.
5
In regulation 11 (technical file and retention of documents) —
a
in sub-paragraph (1) (a) —
i
for “paragraph” substitute “Part”; and
ii
for “conformity” substitute “verification”; and
b
in paragraph (2) for the words from “shall keep the following documents” to the end of the paragraph substitute —
shall —
a
keep the following documents —
i
the technical file, including the certificate of verification; and
ii
the verification declaration; and
b
provide a copy of the technical file, including the certificate of verification, to any Member State that requests one.
.
6
In regulation 27 (notified bodies: certificates of conformity etc. ) —
a
in the heading to the regulation, for “conformity” substitute “verification”;
b
in paragraph (1), for “certificate of conformity” substitute “certificate of verification or an ISV”; and
c
in paragraph (2), for “certificate of conformity” substitute “certificate of verification”.
7
In Schedule 8 (declaration of verification of subsystems) —
a
for the heading substitute “VERIFICATION DECLARATION OF SUBSYSTEMS”;
b
in the first paragraph, for “EC declaration of verification” substitute “verification declaration”; and
c
in the penultimate entry in the list set out in the second paragraph, for “EC declaration” substitute “verification declaration”.
8
For Schedule 9 (verification procedure for subsystems) substitute —
SCHEDULE 9
VERIFICATION PROCEDURE FOR SUBSYSTEMS
Regulation 2(2)
(This Schedule substantially reproduces, with minor modifications, the provisions of Annex VI to the High-Speed Directive and to the Conventional Directive as replaced by Commission Directive 2007/32/EC )
PART 1. INTRODUCTION
EC verification is the procedure whereby a notified body checks and certifies that a subsystem:
complies with the High-Speed Directive or the Conventional Directive,
complies with the other regulations deriving from the Treaty, and
may be put into operation.
ART 2. STAGES
The subsystem is checked at each of the following stages:
overall design,
production: construction of subsystem including, for example, civil engineering activities, manufacturing, constituent assembly, overall adjustment,
final testing of the system.
For the design stage (including the type tests) and for the production stage the main contractor (or the manufacturer) or its authorised representative established within the Community may apply for an assessment as a first step.
In such a case, the assessment leads to an “intermediate statement of verification” (“ISV”) for the relevant stage issued by a notified body chosen by the main contractor (or the manufacturer). The main contractor (or the manufacturer) in turn draws up an “EC declaration of intermediate subsystem conformity” for the relevant stage.
PART 3. CERTIFICATE
The notified body responsible for EC verification draws up the certificate of verification intended for the contracting entity, or its authorised representative established within the Community, which in turn draws up the verification declaration intended for the Safety Authority.
The notified body responsible for EC verification assesses the design and production of the subsystem.
If available, the notified body responsible for EC verification takes into account any ISVs and, in order to issue the certificate of verification, it:
checks that the subsystem:
is covered by relevant design and production ISVs delivered to the main contractor (or the manufacturer) if it had asked a notified body for ISVs for these two stages,
or corresponds as produced to all aspects covered by any design ISV delivered to the main contractor (or the manufacturer) if it had asked a notified body for an ISV for only the design stage, and
verifies that the ISVs cover correctly the requirements of the TSIs and assesses the design and production elements that are not covered by the ISVs delivered to the main contractor (or the manufacturer).
PART 4. TECHNICAL FILE
The technical file accompanying the verification declaration must be made up as follows:
for the infrastructure: engineering-structure plans, approval records for excavations and reinforcement, testing and inspection reports on concrete, etc.,
for the other subsystems: general and detailed drawings in line with execution, electrical and hydraulic diagrams, control-circuit diagrams, descriptions of data processing and automatic systems, operating and maintenance manuals, etc.,
list of interoperability constituents, as referred to in Article 3 of the High-Speed Directive or Article 3 of the Conventional Directive, incorporated into the subsystem,
copies of the EC declarations of conformity or suitability for use with which the above mentioned constituents must be provided in accordance with Article 13 of the High-Speed Directive or Article 13 of the Conventional Directive accompanied, where appropriate, by the corresponding calculation notes and a copy of the records of the tests and examinations carried out by the notified bodies on the basis of the common technical specifications,
if available, any ISV and in such a case the “EC declaration of intermediate subsystem conformity” that accompanies the certificate of verification, including the result of verification by the notified body of their validity,
certificate from and signed by the notified body responsible for EC verification, accompanied by corresponding calculation notes, stating that the project complies with the applicable Directive and mentioning any reservations recorded during performance of the activities and not withdrawn; the certificate should also be accompanied by the inspection and audit reports drawn up by the same body in connection with its task, as specified in paragraphs 5.3 and 5.4 of Part 5 of this Schedule.
PART 5. MONITORING
The aim of EC monitoring is to ensure that the obligations deriving from the technical file have been met during production of the subsystem.
The notified body responsible for checking production must have permanent access to building sites, production workshops, storage areas and, where appropriate, prefabrication or testing facilities and, more generally, to all premises which it considers necessary for its task. The contracting entity or its authorised representative within the Community must send it or have sent to it all the documents needed for that purpose and, in particular, the implementation plans and technical documentation concerning the subsystem.
The notified body responsible for checking implementation must periodically carry out audits in order to confirm compliance with the High-Speed Directive or the Conventional Directive. It must provide those responsible for implementation with an audit report. It may require to be present at certain stages of the building operations.
In addition, the notified body may pay unexpected visits to the worksite or to the production workshops. At the time of such visits the notified body may conduct complete or partial audits. It must provide those responsible for implementation with an inspection report and, if appropriate, an audit report.
PART 6. SUBMISSION
The complete file referred to in Part 4 of this Schedule must be lodged with the contracting entity or its authorised agent established with the Community in support of the certificate of verification issued by the notified body responsible for verification of the subsystem in working order. The file must be attached to the verification declaration which the contracting entity sends to the Safety Authority.
PART 7. PUBLICATION
Each notified body must periodically publish relevant information concerning:
requests for EC verification received;
ISVs issued or refused;
certificates of verification issued or refused.
PART 8. LANGUAGE
The files and correspondence relating to the EC verification procedures must be written in English or in a language accepted by the contracting entity.
.
Signed by authority of the Secretary of State for Transport
Tom Harris
Parliamentary Under Secretary of State
Department for Transport
29th November 2007


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Home-Grown Cereals Authority (Rate of Levy) Order 2007 and comes into force on 1st July 2007.
Interpretation
2
In this Order, “the relevant year” means the period of 12 months beginning on 1st July 2007.
Rates of Levy – Cereals
3
1
For the relevant year, the rates of levy per tonne of cereals delivered, which appear to the Secretary of State and the National Assembly for Wales to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of cereal, are —
a
50.8775 pence in respect of dealer levy,
b
47 pence in respect of grower levy,
c
9.69375 pence in respect of standard-rate processor levy, and
d
4.7 pence in respect of reduced-rate processor levy.
2
In this article —
a
“cereals” means cereals grown in the United Kingdom being wheat (including durum wheat), barley, oats, rye, maize, triticale or any two or more of such cereals grown as one crop;
b
“dealer levy”, “grower levy”, “reduced-rate processor levy” and “standard-rate processor levy” have the meaning given by paragraph 2 of the Schedule to the Home-Grown Cereals Authority Levy Scheme (Approval) Order 1987.
Rate of Levy - Oilseeds
4
1
For the relevant year, the rate of levy per tonne of oilseeds delivered, which appears to the Secretary of State and the National Assembly for Wales to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of oilseed, shall in each case be 76.375 pence.
2
In this article, “oilseeds” means oilseeds grown in the United Kingdom being rapeseed, linseed, soyabean, sunflowerseed or any two or more of such oilseeds grown as one crop.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
27th March 2007
Signed on behalf of the National Assembly for Wales
Dafydd Elis-Thomas
Presiding Officer
27th March 2007
We consent
Ross Finnie
A member of the Scottish Executive
14th March 2007
The Department of Agriculture and Rural Development
consents to the foregoing Order.
Sealed with the Official Seal of the Department of Agriculture and Rural
Development on 23rd March 2007
Liam McKibben
A Senior Officer of the Department of
Agriculture and Rural Development


text:
Citation
1
This Order may be cited as the Gangmasters (Licensing) Act 2004 (Commencement No. 5) Order 2007.
Provisions coming into force
2
The following provisions of the Gangmasters (Licensing) Act 2004 come into force on 6 th April 2007 —
a
section 6(1) (prohibition of unlicensed activities) for purposes related to work falling within section 3(1)(b);
b
section 12 (offences: acting as a gangmaster, being in possession of false documents etc ) for purposes related to work falling within section 3(1)(b);
c
section 13(1), (2) and (4) (offences: entering into arrangements with gangmasters) for purposes related to work falling within section 3(1)(b);
d
section 27 (exclusion of provisions relating to employment agencies and businesses) for purposes related to work falling within section 3(1)(b);
e
paragraph 20 of Schedule 2 for purposes related to work falling within section 3(1)(b).
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
5th March 2007


text:
Citation
1
This Order may be cited as the Rosary Catholic Primary School (Designation as having a Religious Character) Order 2007.
Designation of School
2
1
The Rosary Catholic Primary School, Heston Road, Heston, Middlesex, TW5 0RL, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Roman Catholic.
Julian Butcher
A Divisional Manager in the
Department for Children, Schools and Families
10th July 2007


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Spectrum Trading) (Amendment) Regulations 2007 and shall come into force on 8th March 2007.
Amendment of the Wireless Telegraphy (Spectrum Trading) Regulations 2004
2
The Wireless Telegraphy (Spectrum Trading) Regulations 2004 are amended as follows —
a
in Column 2 of Part 4 of the Schedule insert at the end “1785–1805 MHz ”; and
b
in Part 5 of the Schedule insert at the end —
Self Coordinated Links 64–66 GHz
71.125–75.875 GHz
81.125–85.875 GHz
.
Ed Richards
Chief Executive of the Office of Communications
For and by the authority of the Office of Communications
14th February 2007


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Collective Investment Schemes) (Amendment) Order 2007 and comes into force the day on which section 212 of, and Schedule 10 to, the Housing Act 2004 come into force.
Amendment of the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001
2
1
The Schedule to the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001 (arrangements not amounting to a collective investment scheme) is amended as follows.
2
For paragraph 7 (certain funds relating to leasehold property), substitute —
Certain funds relating to leasehold property
7
Arrangements do not amount to a collective investment scheme if the rights or interests of the participants are rights or interests —
a
in a fund which is a trust fund within the meaning of section 42(1) of the Landlord and Tenant Act 1987 or which would be such a trust fund if the landlord were not an exempt landlord within the meaning of section 58(1) of that Act; or
b
in money held in a designated account by the scheme administrator under a tenancy deposit scheme within the meaning of section 212(2) of the Housing Act 2004.
.
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 2007


text:
Citation and commencement
1
These Regulations may be cited as the Business Premises Renovation Allowances Regulations 2007 and shall come into force on 11th April 2007.
Interpretation
2
In these Regulations “ the Act ” means the Capital Allowances Act 2001.
Designation of areas as disadvantaged areas
3
The following areas are designated as disadvantaged areas for the purposes of section 360C of the Act (meaning of “qualifying building”) —
a
areas specified as development areas by the Assisted Areas Order 2007 ;
b
Northern Ireland.
Meaning of “qualifying business premises”
4
1
For the purposes of Part 3A of the Act (business premises renovation allowances) premises are not qualifying business premises where —
a
the person entitled to the relevant interest in the premises is carrying on a relevant trade; or
b
the premises are used, or used in part, for the purposes of such a trade.
2
In this regulation —
“relevant interest” has the meaning given by Chapter 4 of Part 3A of the Act (the relevant interest in the qualifying building);
“relevant trade” means a trade in any sector in relation to which Commission Regulation (EC) No 1628/2006 on the application of Articles 87 and 88 of the Treaty to national regional investment aid does not apply by virtue of paragraph 2 of Article 1 of that Regulation.
3
This regulation applies in relation to part of a trade as it applies in relation to a trade.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
21st March 2007


text:
PART 1 GENERAL
Citation, commencement, and application
1
1
These Regulations may be cited as the Education (Pupil Referral Units) (Management Committees etc.) (England) Regulations 2007.
2
These Regulations, except regulations 22 and 23, come into force on 13th November 2007.
3
Regulations 22 and 23 come into force on 1st February 2008.
4
These Regulations apply only in relation to England.
Interpretation
2
In these Regulations —
“authority”, in relation to a unit, means the local education authority by which the unit is maintained;
“clerk to the committee” means a clerk appointed to a committee in accordance with the School Governance (Procedures) (England) Regulations 2003 ;
“committee” means a management committee of a unit, or a group of units, established under these Regulations;
“group of units” means two or more units managed by the same committee in accordance with regulation 4;
“instrument of government” means an instrument of government of a unit, or a group of units, made in accordance with these Regulations;
“member” means a member of a committee appointed or elected in accordance with these Regulations; and
“unit” means a pupil referral unit.
PART 2 ESTABLISHMENT OF MANAGEMENT COMMITTEES
Establishment of committees
3
Subject to regulation 4, an authority must establish a committee to act as the management committee of each unit maintained by them —
a
in relation to a unit opened before 13th November 2007, by 1st February 2008; and
b
in relation to a unit opened on or after 13th November 2007, as soon as practicable, and in any event no later than the first day on which the unit is open to pupils.
Joint committees
4
An authority may —
a
establish a committee to act as the management committee of two or more units maintained by them; or
b
make arrangements for a committee established by them under regulation 3 or paragraph (a) to act as the management committee of an additional unit, or units, maintained by them.
Duty to make instrument of government and appoint first members
5
An authority must —
a
make an instrument of government, to determine the composition and other matters relating to the committee, in respect of every unit (or, as the case may be, every group of units) maintained by them; and
b
appoint the first members of each committee established by them under regulation 3 or 4, (other than parent members, and staff members required to be elected under regulation 10(1)(b)).
Content of instrument of government
6
The instrument of government must set out —
a
the name of the unit (or group of units);
b
the name of the committee;
c
the manner in which the committee is to be constituted in accordance with regulation 14, specifying —
i
the number of members in each category of member, and
ii
the total membership of the committee, including any sponsor members;
d
where the term of office for a category of member is to be less than four years, the length of that term of office;
e
the name of any sponsor who is entitled to nominate persons for appointment as such members under Schedule 1; and
f
the date when the instrument of government takes effect.
Review of instrument of government
7
1
The committee or the authority may review the instrument of government at any time after it is made.
2
Where, on any review, the committee or the authority decide that the instrument of government should be varied, the committee or (as the case may be) the authority must notify the other of their proposed variation together with their reasons for proposing such a variation.
3
Where the committee has received notification under paragraph (2), they must inform the authority whether or not they are content with the proposed variation and, if not content, their reasons.
4
If —
a
whichever of the committee and the authority is the recipient of a notification under paragraph (2) agrees with the proposed variation; or
b
there is agreement between the authority and the committee that some other variation should be made instead,
the instrument of government must be varied accordingly by the authority.
5
If paragraph (4) does not apply, the authority must —
a
inform the committee of the reasons —
i
why they are not content with the committee’s proposed variation, or as the case may be,
ii
why they wish to proceed with their own variation; and
b
give the committee a reasonable opportunity to reach agreement with them with regard to the variation, and
the instrument of government must be varied by them either in the manner agreed between them and the committee or (in the absence of such agreement) in such manner as they think fit.
6
Where the instrument of government is varied under this regulation, it must set out the date on which the variation takes effect.
Other requirements relating to instruments of government
8
1
The authority must ensure that the persons set out in paragraph (2) are provided (free of charge) with —
a
a copy of the instrument of government; and
b
where any variation is made to the instrument of government, a consolidated version of the instrument of government incorporating all variations made by the authority (other than variations which have ceased to have effect).
2
The persons who are to be provided with the information referred to in paragraph (1) are —
a
every member of the committee; and
b
if he is not a member of the committee, the teacher in charge (or, in the case of a group of units, any teacher in charge who is not a member of the committee).
PART 3 CATEGORIES OF MEMBERS
Parent members
9
1
In these Regulations “parent member” means —
a
a person who is elected in accordance with paragraphs 2 to 6 of Schedule 1 as a member by parents of registered pupils at the unit (or, as the case may be, at all the units in the group of units), and is himself a parent of a registered pupil at the unit (or, as the case may be, any unit in the group of units) at the time when he is elected; or
b
a person appointed as a parent member in accordance with paragraphs 7 and 8 of Schedule 1.
2
A person is disqualified from election or appointment as a parent member if he is —
a
an elected member of the authority; or
b
disqualified under regulation 10(2).
3
A person is not disqualified from continuing to hold office as a parent member when he ceases to be a parent of a registered pupil at the unit (or, as the case may be, any unit in the group of units) or to fulfil any of the requirements set out in paragraph 8 of Schedule 1 unless he is otherwise disqualified under these Regulations.
Staff members
10
1
In these Regulations “staff member” means —
a
the teacher in charge of a unit (or, in the case of a group of units, the teacher in charge of one of the units); or
b
a person who is elected in accordance with paragraphs 9 to 11 of Schedule 1 as a member by persons who are paid to work wholly or mainly at the unit (or, as the case may be, any unit in the group of units) and is himself a person so working at the time when he is elected.
2
A person who is eligible for election as a staff member and who is paid to work at that unit for more than 500 hours in each academic year is not eligible for election or appointment as a member under regulation 9, 11, 12 or 13.
3
Upon ceasing to work at that unit, a staff member is to be disqualified from continuing to hold office as such a member.
Authority appointed members
11
1
In these Regulations “authority appointed member” means a person who is appointed as a member by the authority (other than a staff member, a community member, or a sponsor member appointed by the authority under regulation 5(b)).
2
A person is disqualified from appointment as an authority appointed member if he is eligible to be a staff member.
Community members
12
1
In these Regulations “community member” means a person who is appointed as a member by the committee (or by the authority under regulation 5(b)) and who is —
a
a person who lives or works in the community served by the unit (or, as the case may be, the group of units); or
b
a person who, in the opinion of the committee (or in the case of a community member appointed under regulation 5(b), the authority), is committed to the good government and success of the unit (or, as the case may be, the group of units).
2
A person is disqualified from appointment as a community member if he is —
a
eligible to be a staff member of the committee; or
b
an elected member of the authority.
Sponsor members
13
In these Regulations “sponsor member” means a person who is nominated as a sponsor member and is appointed as such by the committee in accordance with paragraphs 12 to 14 of Schedule 1 (or is appointed as a sponsor member by the authority under regulation 5(b)).
PART 4 COMPOSITION OF COMMITTEES
General principles
14
1
The instrument of government is to specify the size and membership of the committee, which is to be no fewer than 7 and no more than 20 members (disregarding any sponsor members).
2
The instrument of government is to specify the numbers of members from each of the following categories of member to be elected or appointed —
a
parent member;
b
staff member;
c
authority appointed member;
d
community member;
e
sponsor member.
3
In calculating the number of members required in each category in accordance with paragraph (5), the number must be rounded up or down to the nearest whole number.
4
In calculating the number of staff members required, the teacher in charge must be included whether or not he has resigned his membership.
5
Of the total number of members —
a
at least one but no more than one fifth must be parent members;
b
at least one but no more than one third must be staff members;
c
at least one but no more than one third must be authority appointed members;
d
at least one but no more than two may be sponsor members; and
e
the number of community members must out number all the other members listed in sub-paragraphs (a) to (d ).
Notification of appointments
15
Where any person makes an appointment or nominates a person to be appointed to the committee he must give written notice of the appointment or the nomination to the clerk to the committee, specifying the name and usual place of residence of the person appointed or nominated.
PART 5 QUALIFICATIONS AND TENURE OF OFFICE OF MEMBERS
Qualifications and disqualifications
16
Schedule 2 sets out the circumstances in which a person is qualified for or disqualified from holding or continuing in office as a member.
Term of office
17
1
Subject to paragraphs (2) to (4), a member is to hold office for a fixed period of four years from the date of his election or appointment.
2
Paragraph (1) does not apply to any staff member who is the teacher in charge of a unit, who may hold office for as long as he is the teacher in charge.
3
The instrument of government may specify a shorter term of office for a particular category of member, being not less than one year.
4
This regulation does not prevent a member from —
a
being elected or appointed for a further term, except as otherwise provided in these regulations;
b
resigning his office in accordance with regulation 18(1);
c
being removed from office in accordance with regulation 19; or
d
being disqualified, by virtue of any provision of these Regulations, from holding or continuing to hold office.
Resignation
18
1
A member may at any time resign his office by giving written notice to the clerk to the committee.
2
The teacher in charge of a unit may withdraw his resignation at any time by giving written notice to the clerk to the committee.
Removal of members
19
1
Any authority appointed member may be removed from office by the authority, who must give written notice thereof to the clerk to the committee, and to the member so removed.
2
Any community or sponsor member may be removed from office by the committee in accordance with the procedure set out in regulation 20.
3
A nominating body proposing the removal of a community or a sponsor member must inform the clerk to the committee, and the member in question, in writing of the reasons why it is proposing his removal.
4
The committee may, in accordance with the procedure set out in regulation 20, remove any community member, or any sponsor member, at the request of the nominating body.
5
In this regulation, “nominating body” means any person from whom nominations were sought for the purpose of appointing, and who nominated, the member in question.
6
Any parent member appointed by the committee under paragraphs 7 and 8 of Schedule 1 may be removed by the committee in accordance with the procedure set out in regulation 20.
Procedure for removal of members by the committee
20
1
This regulation applies in relation to the removal of a member from office in accordance with regulation 19.
2
A resolution to remove a member from office which is passed at a meeting of the committee will not have effect unless —
a
in relation to the removal of a member who has been nominated by a nominating body, before the committee resolve to remove the member from office, the clerk to the committee gives the reasons for removal provided by the nominating body (as appropriate), and the member whom it is proposed to remove is given an opportunity to make a statement in response;
b
in relation to the removal of a community, sponsor or parent member, before the committee resolve to remove the member from office, the member or members proposing his removal state, at that meeting, their reasons for doing so, and the member who it is proposed to remove is given an opportunity to make a statement in response;
c
it is confirmed by a resolution passed at a second meeting of the committee held not less than fourteen days after the first meeting; and
d
the matter of the member’s removal from office is specified as an item of business on the agenda for each of those meetings.
PART 6 PROCEDURES OF COMMITTEES
Application of the School Governance (Procedures) (England) Regulations 2003
21
The School Governance (Procedures) (England) Regulations 2003 apply in relation to units as they apply in relation to maintained schools to the extent and with the modifications prescribed in Schedule 3 (and in those regulations as so applied any expression defined in regulation 2 has the same meaning as in that regulation).
PART 7 DELEGATION OF FUNCTIONS TO COMMITTEES AND CURRICULUM
Delegation of functions
22
1
Subject to paragraph (3), an authority must delegate the functions mentioned in paragraph (2) relating to a unit to the committee, together with such of the authority’s powers as are requisite for discharging those functions.
2
The functions are —
a
conducting the unit;
b
the authority’s functions under paragraph 6(3) of Schedule 1 to the Education Act 1996 (complaints relating to the curriculum);
c
the authority’s functions under section 88 of the Education and Inspections Act 2006 (responsibility for discipline).
3
Paragraph (1) does not apply to the following —
a
the authority’s functions under —
i
section 62 of the School Standards and Framework Act 1998 (authority’s reserve power to prevent a breakdown of discipline),
ii
Schedule 13 to that Act (control of school premises), and
iii
section 29(5) of the Education Act 2002 (direction by authority concerning health and safety);
b
any power to appoint, dismiss or suspend teachers and non-teaching staff at the unit;
c
any power to spend any sum of money appropriated by the authority for the purposes of the unit.
Curriculum
23
The authority, committee and teacher in charge of a unit (acting jointly) must make, and from time to time review, a written statement of the policy in relation to the curriculum for the unit.
Kevin Brennan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
16th October 2007


text:
1
This Order may be cited as the Finance Act 2004, Section 61(2), (Relevant Percentage) Order 2007 and shall come into force on 1st February 2007.
2
For the purposes of section 61(1) of the Finance Act 2004 (deductions on account of tax from contract payments) the relevant percentage is —
a
20% if the person for whose labour (or for whose employees’ or officers’ labour) the payment in question is made is registered for payment under deduction, or
b
30% if that person is not so registered.
Kevin Brennan
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
11th January 2007


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007 and come into force on 28th February 2007.
2
These Regulations extend to England and Wales and Scotland.
Interpretation
2
1
In these Regulations —
“the Cogeneration Directive” means Directive 2004/8/ EC of the European Parliament and of the Council on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/ EEC ;
“the competent authority” is the Secretary of State for Environment, Food and Rural Affairs;
“Great Britain” includes —
the territorial sea of the United Kingdom which is adjacent to Great Britain; and
any area designated under the Continental Shelf Act 1964 ;
2
In these Regulations —
“ CHPGO ” means a guarantee of origin of electricity produced from high-efficiency cogeneration ;
“the CHPGO holder” means the person to whom the CHPGO is issued or transferred;
“guarantee of origin” means, except in relation to paragraphs (3) to (5) of regulation 10, a certificate issued by the competent authority certifying that the electricity in respect of which the certificate is issued is electricity produced from high-efficiency cogeneration;
“high-efficiency cogeneration” means cogeneration of electricity that meets the criteria of Annex III of the Cogeneration Directive.
3
Expressions used in these Regulations which are also used in the Cogeneration Directive have the meaning they bear in that Directive.
Issue of CHPGOs and designation of the competent authority
3
1
CHPGOs shall be issued by the competent authority in accordance with these Regulations.
2
The Secretary of State for Environment, Food and Rural Affairs is designated as the competent authority for the purposes of Article 5(2) of the Cogeneration Directive.
Request to issue CHPGOs
4
1
A producer of electricity may request a CHPGO from the competent authority.
2
No request may be made for a CHPGO where the electricity is produced outside Great Britain.
3
A request shall not be considered duly made until the competent authority is provided with —
a
all the information in Schedule 1;
b
the statement required under paragraph (4); and
c
any charge payable under regulation 9.
4
The person making the request shall provide a statement that in respect of the electricity which is the subject of the request —
a
he is entitled to the issue of a CHPGO under these Regulations; and
b
he has not made and does not intend to make a request for the issue of a CHPGO to any person outside Great Britain.
Issue and content of CHPGOs
5
1
Where the competent authority —
a
receives a request made in accordance with regulation 4; and
b
is satisfied that the electricity to which the request relates is produced from high-efficiency cogeneration,
the authority shall issue a CHPGO in respect of that electricity.
2
A CHPGO shall be issued to the person making the request or such other person as that person may request.
3
A CHPGO —
a
shall contain the matters set out in Schedule 2; and
b
may contain such other matters as the competent authority considers appropriate.
4
Where a CHPGO has been issued but not revoked, no further CHPGO in respect of the electricity to which the CHPGO relates shall be issued by the competent authority.
Replacement CHPGOs
6
1
The CHPGO holder may request the competent authority to issue a replacement CHPGO if —
a
the CHPGO holder believes that the CHPGO is inaccurate; and
b
the request is made in writing to the competent authority within 21 days of the issue of the CHPGO.
2
A request shall —
a
state the particulars of the CHPGO that the CHPGO holder believes are inaccurate; and
b
provide all necessary information in support of that request.
3
The competent authority shall acknowledge to the CHPGO holder the receipt of the request within seven days of receipt.
4
The competent authority shall, on the basis of the information provided in the request —
a
decide whether or not to revoke the CHPGO and to issue a replacement CHPGO; and
b
make that decision within 40 days of the receipt of the request.
5
The 40-day period may be extended if so agreed by the CHPGO holder and the competent authority.
6
If the competent authority decides —
a
to revoke the CHPGO, it shall give written notice under regulation 8(2);
b
not to revoke the CHPGO, it shall as soon as possible give written notice to the CHPGO holder, with reasons for that decision;
c
to issue a replacement CHPGO, it shall do so as soon as possible.
Transfer of CHPGOs
7
1
If a CHPGO holder no longer operates the plant to which the CHPGO relates, he may request the competent authority to transfer the CHPGO to the person who does operate that plant.
2
If the competent authority receives —
a
a written request for a transfer referred to in paragraph (1);
b
satisfactory evidence of the matters referred to in that paragraph; and
c
any charge payable under regulation 9,
it shall effect the transfer of the CHPGO.
Revocation of CHPGOs
8
1
The competent authority shall revoke a CHPGO where —
a
it decides the CHPGO is inaccurate;
b
it is satisfied that the information provided under regulation 4 is incorrect in a material particular; or
c
it is otherwise satisfied that the CHPGO should not have been issued, is inaccurate or was issued to the wrong person.
2
Where the competent authority revokes a CHPGO, it shall as soon as possible give written notice to the CHPGO holder.
3
A CHPGO that is revoked —
a
under sub-paragraph (1)(a), shall be treated as if it had not been issued;
b
under sub-paragraphs (1)(b) or (c), shall cease to have effect from the date that notice is given under paragraph (2).
Charging
9
1
The competent authority may require the payment of a charge from —
a
a producer of electricity who requests a CHPGO under regulation 4; or
b
a CHPGO holder who requests a transfer of a CHPGO under regulation 7.
2
A charge payable under paragraph (1) shall not exceed the costs of the competent authority in complying with the request.
3
The competent authority shall not be required to issue or transfer a CHPGO until the charge is paid.
Recognition of CHPGOs
10
1
A public authority shall recognise a CHPGO issued by the competent authority as proof of the matters referred to in Article 5(5) of the Cogeneration Directive.
2
For the purposes of this regulation a public authority means any Minister, government department, public body of any description or any person holding public office.
3
Subject to paragraph (4), a public authority shall recognise, as proof of the matters referred to in paragraphs 4 to 9 of Schedule 2, a CHPGO which has been issued outside Great Britain in accordance with Article 5 of the Cogeneration Directive.
4
A public authority is not required to recognise, to the extent referred to in paragraph (3), a CHPGO issued outside Great Britain if —
a
it has been requested to refuse or withdraw such recognition by the authority which issued or supervised the issue of the CHPGO; or
b
on the basis of objective, transparent and non-discriminatory criteria, it is satisfied that the CHPGO should not have been issued or that refusal of recognition is necessary for the prevention of fraud.
5
Where a public authority has refused to recognise a CHPGO issued in another Member State, it shall recognise that CHPGO where the Commission of the European Communities requires such recognition under Article 5(6) of the Cogeneration Directive.
6
Nothing in this regulation shall require a public authority to satisfy itself that a CHPGO issued outside Great Britain has been properly issued.
Ian Pearson
Minister of State
Department for Environment, Food and Rural Affairs
15th January 2007
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
5th February 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Imperial College Healthcare National Health Service Trust (Establishment) and the Hammersmith Hospitals National Health Service Trust and the St Mary’s National Health Service Trust (Dissolution) Order 2007 and shall come into force on 1 st October 2007.
2
In this Order —
“ the Act ” means the National Health Service Act 2006;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or paragraph 2 or 3 of Schedule 1 to, the Act and any service which he has a duty to provide under paragraph 1 or 8 of that Schedule;
“dissolution date” means the 1st October 2007;
“operational date” has the meaning assigned to it in paragraph 5(5) of Schedule 4 to the Act; and
“the trust” means the Imperial College Healthcare National Health Service Trust established by article 2.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the Imperial College Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 25(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 executive directors and 7 non-executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 5(3) of Schedule 4 to the Act, one of the non-executive directors shall be appointed from the Imperial College of Science, Technology and Medicine.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 st October 2007.
2
The accounting date of the trust shall be 31 st March.
Dissolution of NHS trusts and revocation of orders
6
On the dissolution date —
a
the Hammersmith Hospitals National Health Service Trust, which was established by the Hammersmith Hospitals National Health Service Trust (Establishment) Order 1994 ; and
b
the St Mary’s National Health Service Trust, which was established by the St Mary’s National Health Service Trust (Establishment) Order 1991 ,
are dissolved, and accordingly those Orders, and the Hammersmith Hospitals National Health Service Trust (Establishment) Amendment Order 2005 , are revoked.
Signed by authority of the Secretary of State for Health
Ann Keen
Parliamentary Under Secretary of State
Department of Health
18th September 2007


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) (No.2) Regulations 2007 and come into force on 1st April 2007.
2
The Value Added Tax Regulations 1995 are amended as follows.
Cash accounting
3
In regulation 58(1)(a) (admission) for“£660,000” substitute “£1,350,000”.
4
In regulation 60(1) (exit) for “£825,000” substitute “£1,600,000”.
5
In regulation 61(2) (rules on withdrawal) for “£660,000” substitute “£1,350,000”.
Input tax and partial exemption
6
In regulation 99(1)(a) before “103” insert “102,”.
7
In regulation 101 —
a
for sub-paragraphs (b)(i) to (v) of paragraph (3) substitute —
i
any supply of a description falling within Group 5 of Schedule 9 to the Act,
ii
any other financial transaction, and
iii
any real estate transaction,
,
b
after paragraph (5) insert —
6
For the purposes of this regulation, a “real estate transaction” includes any grant, assignment (including any transfer, disposition or sale), surrender or reverse surrender of any interest in, right over or licence to occupy land.
.
8
In regulation 102 —
a
in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) and (9)”,
b
at the end of paragraph (1) omit all the words after “regulation 101” to the end,
c
after paragraph (1) insert —
1A
A method approved or directed under paragraph (1) above —
a
shall be in writing,
b
may attribute input tax which would otherwise fall to be attributed under regulation 103 provided that, where it attributes any such input tax, it shall attribute it all, and
c
shall identify the supplies in respect of which it attributes input tax by reference to the relevant paragraph or paragraphs of section 26(2) of the Act.
,
d
in paragraph (2) for “within regulation 101(3)” substitute “of a description falling within regulation 101(3) whether made within or outside the United Kingdom”, and
e
after paragraph (8) insert —
9
With effect from 1st April 2007 the Commissioners shall not approve the use of a method under this regulation unless the taxable person has made a declaration to the effect that to the best of his knowledge and belief the method fairly and reasonably represents the extent to which goods or services are used by or are to be used by him in making taxable supplies.
10
The declaration referred to in paragraph (9) above shall —
a
be in writing,
b
be signed by the taxable person or by a person authorised to sign it on his behalf, and
c
include a statement that the person signing it has taken reasonable steps to ensure that he is in possession of all relevant information.
11
Where it appears to the Commissioners that a declaration made under this regulation is incorrect in that —
a
the method does not fairly and reasonably represent the extent to which goods or services are used by or are to be used by the taxable person in making taxable supplies, and
b
the person who signed the declaration knew or ought reasonably to have known this at the time when the declaration was made by the taxable person,
they may subject to paragraph (12) below serve on the taxable person a notice to that effect setting out their reasons in support of that notification and stating the effect of the notice.
12
The Commissioners shall not serve a notice under this regulation unless they are satisfied that the overall result of the application of the method is an over-deduction of input tax by the taxable person.
13
Subject to paragraph (14) below, the effect of a notice served under this regulation is that regulation 102B(1) shall apply to the person served with the notice in relation to —
a
prescribed accounting periods commencing on or after the effective date of the method, and
b
longer periods to the extent of that part of the longer period falling on or after the effective date of the method, save that no adjustment shall be required in relation to any part of any prescribed accounting period,
unless or until the method is terminated under regulation 102(3).
14
In relation to any past prescribed accounting periods, the Commissioners may assess the amount of VAT due to the best of their judgement and notify it to the taxable person unless they allow him to account for the difference in such manner and within such time as they may require.
15
The service of a notice on a taxable person under this regulation shall be without prejudice to the Commissioners’ powers to serve a notice on him under regulation 102A and any notice served under regulation 102A shall take priority in relation to the periods which it covers.
16
In this regulation “the effective date of the method” is the date when the method to which the declaration relates first takes effect and may predate the date when the declaration was made.
17
In this regulation and in regulations 102A, 102B, 102C and 107, where paragraph (1A)(b) above applies, “taxable supplies” includes supplies of a description falling within regulation 103.
.
9
At the beginning of regulation 102A(1) insert “Notwithstanding the Commissioners’ powers to serve a notice under regulation 102,”.
10
At the beginning of regulation 103 insert “Other than where it falls to be attributed under a method approved or directed by the Commissioners under regulation 102,”.
11
As a heading to regulation 103A insert “Attribution of input tax to investment gold”.
New means of transport
12
In Schedule 1, for the form numbered 13 (new means of transport for removal from the UK to another member state of the European Community) substitute the form numbered 13 in the Schedule to these Regulations.
Paul Gray
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
8th March 2007


text:
Citation
1
This Order may be cited as the Health Act 1999 (Commencement No. 16) Order 2007.
Appointed day
2
3 rd April 2007 is the day appointed for the coming into force of the following provisions of the Health Act 1999 —
a
subsection (7) of section 33 (powers relating to voluntary schemes) except in so far as it relates to subsection (8) of section 33 and to section 35 (statutory schemes) ;
b
section 36 (statutory schemes: supplementary) ;
c
section 38 (controls: supplementary) in so far as not already in force except in so far as it relates to sections 33(8) and 35.
Signed by authority of the Secretary of State for Health
Hunt
Minister of State,
Department of Health
3rd April 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the York Hospitals NHS Foundation Trust (Transfer of Trust Property) Order 2007 and shall come into force on 1 st December 2007.
2
In this Order —
“the old Trust” means the York Hospitals NHS Foundation Trust ;
“the new Trust” means the North Yorkshire and York Primary Care Trust; and
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 8 th October 2007 and on behalf of the new Trust on 17 th October 2007.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference in relation to the trust property to the trustees of the trust property or to the old Trust shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
31st October 2007


text:
Citation and interpretation
1
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 19 and Transitional Provisions) Order 2007.
2
In this Order —
“proceedings” means the criminal proceedings listed in section 51(2) of the Criminal Justice Act 2003.
Commencement
2
1
The provisions of the Criminal Justice Act 2003 listed in paragraph (2) come into force on 7 December 2007 only in relation to proceedings in the Crown Court for an offence that is listed in paragraph (3).
2
The provisions are —
a
section 51 (live links in criminal proceedings),
b
section 52 (effect of, and rescission of, direction),
c
section 54 (warning to jury), and
d
section 56 (interpretation of Part 8).
3
The offences are —
a
an offence under Part 1 of the Sexual Offences Act 2003 (rape, assault by penetration, sexual assault etc. ),
b
rape or burglary with intent to rape,
c
an offence under any of sections 2 to 12 and 14 to 17 of the Sexual Offences Act 1956 (unlawful intercourse, indecent assault, forcible abduction etc.),
d
an offence under section 128 of the Mental Health Act 1959 (unlawful intercourse with person receiving treatment for mental disorder by member of hospital staff etc.),
e
an offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards child under 14), and
f
an offence under section 54 of the Criminal Law Act 1977 (incitement of child under 16 to commit incest).
3
Article 2 shall apply notwithstanding that the proceedings may also relate to an offence that is not listed in paragraph (3) of that article.
Transitional provision
4
Article 2 shall apply in relation to any proceedings that begin on or after 7 December 2007.
Maria Eagle
Parliamentary Under Secretary of State
Ministry of Justice
5th December 2007


text:
Citation and commencement
1
1
These Regulations may be cited as the Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007.
2
This regulation, regulations 2, 7 and 8 and (so far as they relate to Articles 3 and 4) regulations 3 to 6 and 9 come into force on 26th July 2007.
3
Regulation 10 comes into force on 1st October 2007.
4
Regulations 3 to 6 and 9 (so far as they are not already in force) come into force on 26th July 2008.
Interpretation
2
1
In these Regulations —
“the EC Regulation ” means Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air ;
“air carrier”, “airport”, “managing body of an airport”, “operating air carrier” and “tour operator” have the same meaning as in the EC Regulation.
2
A reference to an Article is a reference to that Article in the EC Regulation.
Offences
3
1
An air carrier, an agent of an air carrier or a tour operator who contravenes an obligation imposed by —
a
Article 3,
b
Article 4,
c
Article 6(1), (2) or (3), or
d
Article 13,
is guilty of an offence.
2
An air carrier who contravenes an obligation imposed by Article 10 or 11 is guilty of an offence.
3
An operating air carrier who contravenes an obligation imposed by Article 6(4) is guilty of an offence.
4
If the managing body of an airport contravenes an obligation imposed by —
a
Article 5,
b
Article 7(1), (2), (3), (5) or (6),
c
Article 8(1), (2), (5) or (6),
d
Article 9(1) or (3),
e
Article 11, or
f
Article 13,
it is guilty of an offence.
Penalties
4
A person guilty of an offence under regulation 3 is liable —
a
in relation to any failure to comply with an obligation imposed by Article 8(2), on summary conviction, to a fine not exceeding level 3 on the standard scale;
b
in relation to any failure to comply with an obligation imposed by —
i
Article 4(3),
ii
Article 5(2),
iii
Article 6,
iv
Article 7(1), (2), (3), (5) or (6),
v
Article 8(6),
vi
Article 9(1) or (3),
vii
Article 10, or
viii
Article 11,
on summary conviction, to a fine not exceeding level 5 on the standard scale;
c
in relation to any failure to comply with an obligation imposed by —
i
Article 3,
ii
Article 4(1) or (4),
iii
Article 5(1),
iv
Article 8(1) or (5), or
v
Article 13,
on summary conviction, to a fine not exceeding the statutory maximum, or on conviction on indictment, to an unlimited fine.
Defence
5
1
Subject to paragraph (2), in proceedings against any person for an offence under regulation 3, it is a defence for that person to show that he took all reasonable steps to avoid committing the offence.
2
A person is not entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information supplied to him, unless he shows that it was reasonable in all the circumstances to have relied on that information.
Offences by corporate or unincorporated bodies
6
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 be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
a person who was purporting to act in any such capacity,
he as well as the body corporate is guilty of that offence and liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where an offence under these Regulations committed by a limited partnership or a Scottish partnership is proved —
a
to have been committed with the consent or connivance of, or
b
to be attributable to any neglect on the part of,
a partner, he as well as the partnership is guilty of that offence and is liable to be proceeded against and punished accordingly.
4
In relation to any proceedings on indictment in Scotland for an offence alleged to have been committed under these Regulations by an unincorporated body, section 70 of the Criminal Procedure (Scotland) Act 1995 (proceedings on indictment against bodies corporate) applies as if it were a body corporate.
Enforcement and complaints
7
1
The Civil Aviation Authority is the designated body for the purposes of Article 14 and it and any person authorised to act on its behalf are to have access at all reasonable times to any part of an airport or aircraft for the purposes of carrying out the Authority’s functions under that Article.
2
The General Consumer Council for Northern Ireland is the designated body for the purposes of Article 15(2) in respect of a complaint made under the EC Regulation relating to —
a
an airport in Northern Ireland, or
b
a flight departing from an airport in Northern Ireland.
3
In respect of a complaint to which paragraph (2) does not apply, the designated body for the purposes of Article 15(2) is —
a
in relation to the period beginning on 26th July 2007 and ending on 30th September 2007, the Disability Rights Commission;
b
in relation to any time after 30th September 2007, the Commission for Equality and Human Rights.
Amendment of section 19 of the Disability Discrimination Act 1995
8
In section 19 of the Disability Discrimination Act 1995 (discrimination in relation to goods, facilities and services), after subsection (4) insert —
4A
Subsection (1) does not apply to anything that is governed by Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.
.
Compensation claims by disabled persons etc.
9
1
A claim by a disabled person or a person with reduced mobility for an infringement of any of his rights under the EC Regulation may be made the subject of civil proceedings in the same way as any other claim in tort or (in Scotland) in reparation for breach of statutory duty.
2
For the avoidance of doubt, any damages awarded in respect of any infringement of the EC Regulation may include compensation for injury to feelings whether or not they include compensation under any other head.
3
Proceedings in England, Wales or Northern Ireland may be brought only in a county court.
4
Proceedings in Scotland may be brought only in a sheriff court.
5
The remedies available in such proceedings are those which are available in the High Court or (as the case may be) the Court of Session.
6
A county court or a sheriff court is not to consider a claim under this regulation unless proceedings in respect of it are instituted before the end of the period of six months beginning when the infringement complained of occurred.
7
Where, in relation to proceedings or prospective proceedings under this regulation, the dispute concerned is referred to conciliation before the end of the period of six months mentioned in paragraph (6), the period allowed by that paragraph is to be extended by three months.
8
A court may consider any claim under this regulation which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
Amendment of section 27 of the Equality Act 2006
10
In section 27 of the Equality Act 2006 (conciliation), after subsection (1) insert —
1A
The Commission may make arrangements for the provision of conciliation services for disputes in respect of which proceedings have been or could be brought in England and Wales or Scotland under regulation 9 of the Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007 (civil proceedings).
.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
3rd July 2007


text:
1
This Order —
a
may be cited as the Undersized Bass (Revocation) Order 2007;
b
revokes the Undersized Bass Order 2007 ;
c
revives the Undersized Bass Order 1989 in relation to England;
d
comes into force on 5th April 2007.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
15th March 2007
Paul Goggins
Parliamentary Under Secretary of State Northern Ireland Office
15th March 2007


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 2007 and shall come into force on 1 st January 2008.
Amendment of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973
2
In regulation 3 (fees) of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973 —
a
in paragraph (1) (fee for registration of premises), for “£492” substitute “£510” and for “£97” (fee where premises are in Northern Ireland) substitute “£102”;
b
in paragraph (2) (retention fee), for “£156” substitute “£162” and for “£135” (fee where premises are in Northern Ireland) substitute “£142”; and
c
in paragraph (3) (additional sum by way of penalty), for “£492” substitute “£510” and for “£281” (sum where premises are in Northern Ireland) substitute “£295”.
Revocation
3
The Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 2006 are revoked.
Signed by authority of the Secretary of State for Health
Dawn Primarolo
Minister of State,
Department of Health
12th November 2007
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
Michael McGimpsey
Minister for Health,
Department of Health, Social Services and Public Safety
14th November 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the NHS Direct Special Health Authority Abolition Order 2007 and shall come into force on 1st April 2007.
2
In this Order —
“NHS Direct SpHA” means NHS Direct Special Health Authority established by the NHS Direct (Establishment and Constitution) Order 2004 ; and
“NHS Direct NHS Trust” means NHS Direct National Health Service Trust established by the NHS Direct National Health Service Trust (Establishment) Order 2007 .
Abolition of NHS Direct SpHA
2
NHS Direct SpHA is abolished and accordingly the Orders and Regulations in Schedule 1 are revoked.
Consequential amendment of Orders
3
The amendment in Schedule 2 is made in consequence of the abolition of NHS Direct SpHA.
Transfer of officers of NHS Direct SpHA
4
1
This paragraph applies in relation to any person who, immediately before 1st April 2007, was an officer of NHS Direct SpHA and wholly or mainly engaged in the performance of the functions of NHS Direct SpHA.
2
Any officer to whom paragraph (1) applies shall, on 1st April 2007, be transferred to the employment of NHS Direct NHS Trust.
3
The contract of employment of an officer transferred under paragraph (2) —
a
is not terminated by the transfer; and
b
shall have effect on and after 1st April 2007 as if originally made between that officer and NHS Direct NHS Trust.
4
Without prejudice to paragraph (3) —
a
all the rights, powers, duties and liabilities of NHS Direct SpHA under, or in connection with, a contract to which that paragraph applies shall, by virtue of this paragraph, be transferred to NHS Direct NHS Trust on 1st April 2007; and
b
anything done before 1st April 2007 by, or in relation to, NHS Direct SpHA in respect of the officer or his contract of employment, shall be deemed to have been done by, or in relation to, NHS Direct NHS Trust.
5
Paragraphs (2) to (4) do not transfer an officer’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that officer has objected to the transfer to NHS Direct NHS trust and had informed NHS Direct SpHA of that objection by 31st March 2007.
6
Where an officer has objected as mentioned in paragraph (5), his contract of employment with NHS Direct SpHA shall be terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed from NHS Direct SpHA.
7
This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial and detrimental change is made to his working conditions; but no such right shall arise by reason only of the change in employer effected by this article.
Enforceability of rights and transfer of liabilities of NHS Direct SpHA
5
1
Any right that was, immediately before 1st April 2007, enforceable by or against NHS Direct SpHA shall, on and after 1st April 2007, be enforceable by or against NHS Direct NHS Trust.
2
All liabilities of NHS Direct SpHA shall on 1st April 2007 be transferred to NHS Direct NHS Trust.
Transfer of property from NHS Direct SpHA
6
All property of NHS Direct SpHA is transferred to NHS Direct NHS Trust on 1st April 2007.
Provision for continuity in the exercise of functions
7
1
Anything done before 1st April 2007 by or in relation to NHS Direct SpHA shall be treated on and after 1st April 2007 as if done by or in relation to NHS Direct NHS Trust.
2
Any instrument made by NHS Direct SpHA continues in force in relation to NHS Direct NHS Trust in accordance with its terms until it is varied or revoked by NHS Direct NHS Trust.
3
So far as is necessary or appropriate, a reference to NHS Direct SpHA in an agreement or other instrument shall be treated on and after 1st April 2007 as a reference to NHS Direct NHS Trust.
4
Any form supplied by NHS Direct SpHA, or any form supplied by the Secretary of State in relation to NHS Direct SpHA, continues to be a valid form in relation to NHS Direct NHS Trust until it is cancelled or withdrawn by the Secretary of State or NHS Direct NHS Trust, as if any reference contained in that form to NHS Direct SpHA were a reference to NHS Direct NHS Trust.
Investigation of complaints by the Health Service Commissioner
8
1
A complaint made under the Health Service Commissioners Act 1993 to the Health Service Commissioner for England in relation to NHS Direct SpHA, whether made before, on or after the 1st April 2007, may be investigated by the Commissioner notwithstanding the abolition of NHS Direct SpHA.
2
The Health Service Commissioner for England, where she conducts such an investigation, shall send a report of the result of her investigation to the Secretary of State for Health.
Complaints under the National Health Service (Complaints) Regulations 2004
9
A complaint made in accordance with the provisions of the National Health Service (Complaints) Regulations 2004 in relation to NHS Direct SpHA, whether made before, on or after 1st April 2007, shall be treated on and after 1st April 2007 for the purposes of those Regulations, as if the complaint had been made in relation to NHS Direct NHS Trust.
Winding up of affairs of NHS Direct SpHA
10
It shall be the duty of NHS Direct NHS Trust to take such action as may be necessary for the winding up of the affairs of NHS Direct SpHA including the preparation of the outstanding accounts of NHS Direct SpHA and the performance of all statutory duties relating to those accounts.
Signed by authority of the Secretary for Health
Andy Burnham
Minister of State
Department of Health
20 February 2006