text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Banking Act 2009 (Bank Administration) (Modification for Application to Banks in Temporary Public Ownership) Regulations 2009 and come into force on 21st February 2009.
2
In these Regulations —
“ the Act ” means the Banking Act 2009;
“onward public sector transferee” means a transferee under a property transfer order by virtue of section 45(2) of the Act who is a company wholly owned by —
the Bank of England,
the Treasury, or
a nominee of the Treasury;
“private sector transferee” means a transferee under a property transfer order by virtue of section 45(2) of the Act who is not an onward public sector transferee.
Application following transfer of bank etc to temporary public ownership
2
1
These Regulations make modifications to Part 3 of the Act (bank administration) as applied by section 152(2) of the Act (which applies Part 3 to banks where the Treasury has made a share transfer order to transfer the securities of a bank or a bank’s holding company into temporary public ownership, and makes a property transfer order in respect of that bank to transfer property from the bank to another person) .
2
Regulations 3 and 4 make general modifications.
3
The Tables in the Schedule make modifications to the specific provisions listed within them.
General modifications to Part 3 of the Act
3
In Part 3 of the Act a reference to —
“the Bank of England” is a reference to “the Treasury” (unless otherwise specified in the Schedule);
“a property transfer instrument” is a reference to “a property transfer order”.
General modifications to Tables 1 and 2 of section 145
4
In Tables 1 and 2 of section 145 of the Act (which apply provisions of the Insolvency Act 1986 in relation to bank administration), in addition to the modifications made by Regulation 3, a reference to “a bridge bank” is a reference to “an onward public sector transferee”.
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
19th February 2009


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Commencement No. 4) Order 2009.
2
In this Order —
“ the Act ” means the Safeguarding Vulnerable Groups Act 2006;
“independent school” has the meaning given by section 463 of the Education Act 1996 ;
“non-maintained special school” has the meaning given by section 337 of the Education Act 1996.
Provisions coming into force on 22nd June 2009 for the purposes of making regulations
2
22nd June 2009 is the appointed day for the coming into force of the following provisions of the Act for the purposes of making regulations:
a
paragraph 14(1) and (4) of Schedule 9 (amendments);
b
section 63(1) (amendments and repeals) insofar as it relates to the provisions set out in paragraph (a).
Further provisions coming into force on 22nd June 2009
3
1
22nd June 2009 is the appointed day for the coming into force of section 50 of the Act (provision of information to supervisory authorities) for the purpose set out in paragraph (2).
2
The purpose is the provision to Her Majesty’s Chief Inspector of Schools in England of information relating to —
a
non-maintained special schools in England, and
b
independent schools in England.
David Hanson
Minister of State
Home Office
17th June 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Quality Contracts Schemes (Pension Protection) Regulations 2009.
2
These Regulations come into force —
a
as respects England, on 11th January 2010; and
b
as respects Wales, on the date appointed by the Welsh Ministers for the coming into force in Wales of section 44 of the Local Transport Act 2008 (in so far as it is not already in force).
Interpretation
2
In these Regulations —
“ the Act ” means the Transport Act 2000;
“relevant employee” means a transferring original employee who, as an employee of the original operator, had rights to acquire pension benefits ; and
“scheme” means a quality contracts scheme .
Duties to secure pension protection
3
1
The duties prescribed in paragraph (2) apply to a local transport authority, or two or more such authorities acting jointly, which have made a scheme and which —
a
enter into a quality contract with a person under the scheme; or
b
enter into, in the circumstances described in section 134B(2) of the Act, any other agreement with a person for the provision of local services in the area to which the scheme relates.
2
The authority or authorities must ensure that any contract or agreement entered into with a person in a situation described in paragraph (1) is made, in the event of there being any transferring employees , on terms —
a
that require the person to secure pension protection for every relevant employee,
b
that, where there are relevant employees, require the person —
i
to procure a pensions statement which satisfies the requirements prescribed in regulation 6, and
ii
to provide every relevant employee with a copy of any part of the statement which relates to that employee, and
c
that, so far as relating to —
i
the requirement to secure pension protection described in sub-paragraph (a), and
ii
the requirement to procure and provide the statement described in sub-paragraph (b),
are enforceable against the person by every relevant employee.
Rights to acquire pension benefits
4
For the purposes of section 134B(8)(b) of the Act (rights to acquire pension benefits), the rights to acquire pension benefits which a relevant employee must have as an employee of the new operator are rights which —
a
are the same as the rights the relevant employee had as an employee of the original operator; or
b
count, by virtue of regulation 5, as being broadly comparable to, or better than, those rights.
Broadly comparable
5
1
For the purposes of regulation 4(b), the rights to acquire pension benefits which a relevant employee must have as an employee of the new operator count as being broadly comparable to, or better than, the rights which the employee had as an employee of the original operator —
a
if the rights satisfy the condition prescribed in paragraph (2); or
b
if, in the situation described in paragraph (3), the rights satisfy all of the alternative conditions prescribed in paragraph (4).
2
The condition is satisfied if the rights to acquire pension benefits that the relevant employee would have as an employee of the new operator mean that the employee would suffer no material detriment overall in terms of the employee’s future accrual of pension benefits.
3
The situation is that there are exceptional circumstances which mean that it would not be reasonably practicable for the new operator to grant rights to the relevant employee which satisfy the condition prescribed in paragraph (2).
4
The alternative conditions are satisfied if —
a
the rights to acquire pension benefits granted to the relevant employee include arrangements to pay compensation to the relevant employee; and
b
the arrangements to pay compensation described in sub-paragraph (a) are such that the compensation is sufficient to offset the material detriment which would otherwise be suffered by the relevant employee.
Pensions statement
6
1
The pensions statement procured by a person entering into an agreement or contract, under a requirement specified in accordance with regulation 3(2)(b)(i), must be obtained in writing from —
a
an individual appointed as actuary under section 47(1)(b) of the Pensions Act 1995 for the relevant pension scheme;
b
a Fellow of the Faculty of Actuaries; or
c
a Fellow of the Institute of Actuaries.
2
The statement must certify —
a
that, to the extent that the principles can be applied, the person making the statement has formed the opinion contained in the statement having had regard to the “general principles” section of the document issued by C D Daykin, Government Actuary, on 26th May 1999 entitled “Assessment of broad comparability of pension rights – Statement of Practice by the Government Actuary”, and which is attached to the document published by Her Majesty’s Treasury in June 1999 entitled “Staff Transfers from Central Government: A Fair Deal for Staff Pensions”; and
b
that, in the opinion of the person making the statement, every relevant employee will, as an employee of the new operator, have the rights to acquire the pensions benefits prescribed in regulation 4.
3
For the purposes of this regulation, the “relevant pension scheme” means the pension scheme to which the relevant employee, as an employee of the new operator, will have a right to belong.
Signed by authority of the Secretary of State
Sadiq Khan
Minister of State
Department for Transport
7th December 2009


text:
Citation and commencement
1
These Regulations may be cited as the Accession (Immigration and Worker Registration) (Amendment) Regulations 2009 and shall come into force on 29 th April 2009.
Amendment of the Accession (Immigration and Worker Registration) Regulations 2004
2
In regulation 1(2)(c) of the Accession (Immigration and Worker Registration) Regulations 2004 (definition of “accession period”), for “30 th April 2009” substitute “30 th April 2011”.
Phil Woolas
Minister of State
Home Office
6th April 2009


text:
Citation, extent, commencement and interpretation
1
1
This Order may be cited as the Housing Corporation (Dissolution) Order 2009.
2
This Order extends to England and Wales only.
3
This Order comes into force on 1st April 2009.
4
In this Order, “the Regulator” means “the Regulator of Social Housing”.
Dissolution
2
The Housing Corporation is dissolved.
Final annual report
3
1
The Regulator shall, as soon as reasonably practicable after 31st March 2009, make a report to the Secretary of State on the exercise of the Housing Corporation’s functions during the financial year ending on 31st March 2009.
2
The Secretary of State shall lay a copy of the report before each House of Parliament.
Final annual accounts
4
1
The Regulator shall prepare a statement of the accounts of the Housing Corporation for the financial year ending on 31st March 2009 (“the final annual accounts”), which shall be prepared in accordance with the direction given by the Secretary of State to the Housing Corporation and dated 30th March 2007.
2
The Regulator shall send a copy of the final annual accounts to the Comptroller and Auditor General as soon as reasonably practicable after 31st March 2009.
3
The Comptroller and Auditor General shall examine and certify the final annual accounts and shall lay before each House of Parliament a copy of the accounts together with the Comptroller and Auditor General’s report on them.
4
As soon as the final annual accounts have been audited by the Comptroller and Auditor General, the Regulator shall send to the Secretary of State a copy of the accounts together with the Comptroller and Auditor General’s report on them.
5
The Secretary of State shall prepare, for the financial year ending on 31st March 2009, an account of —
a
the sums lent to the Housing Corporation, and
b
sums received from the Housing Corporation and paid into the National Loans Fund in respect of the principal and interest on sums so lent, or on sums advanced to the Housing Corporation under section 9 of the Housing Act 1964,
and shall transmit the accounts so prepared to the Comptroller and Auditor General on or before 30th November 2009.
6
The Comptroller and Auditor General shall examine and certify the accounts prepared by the Secretary of State and lay before each House of Parliament copies of the accounts together with the Comptroller and Auditor General’s report on them.
Consequential provisions
5
The consequential provisions in Schedule 1 to this Order shall have effect.
Repeals and revocations
6
The repeals and revocations in Schedule 2 to this Order shall have effect.
Signed by authority of the Secretary of State for Communities and Local Government
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
4th March 2009


text:
Citation
1
This Order may be cited as the Energy Act 2008 (Commencement No. 2) Order 2009.
Provision coming into force
2
Section 38 (section 37: supplemental provision) of the Energy Act 2008 comes into force for all remaining purposes on 7th March 2009.
Mike O’Brien
Minister of State,
Department of Energy and Climate Change
6th March 2009


text:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment (No.2) Order 2009 and shall come into force on 30th October 2009.
2
Article 2 shall have effect from 1st April 2009.
3
In this Order “the 1998 Order ” means the Income-related Benefits (Subsidy to Authorities) Order 1998 .
4
This Order extends to England and Wales.
Amendment of the 1998 Order
2
Schedule 4A to the 1998 Order (Rent rebate limitation deductions (Housing Revenue Account dwellings)) is amended in accordance with the Schedule to this Order.
Signed by authority of the Secretary of State for Work and Pensions
Helen Goodman
Parliamentary Under-Secretary of State,
Department for Work and Pensions
10th September 2009
We consent
Steve McCabe
Bob Blizzard
Two of the Lords Commissioners of Her Majesty’s Treasury
21st September 2009


text:
1
The new highway that the Welsh Ministers propose to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line and the associated side roads proposals are indicated by broken white lines on the deposited plan.
3
The lengths of trunk road described in Schedule 2 to this Order, and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall become classified roads as from the date on which the Welsh Assembly Government notifies the County Council of Powys that the new trunk roads are open for through traffic.
4
In this Order all measurements of distance are measured along the route of the relevant highway;
i
“the deposited plan” (“y plan a adneuwyd”) means the plan numbered HA 10/2 WAG 2 marked “The Cardiff to Glan Conwy Trunk Road (A 70) (Cwm-bach to Newbridge-on-Wye) Order 2009” , Welsh Ministers and deposited at the Welsh Assembly Government Record Storage and Retrieval Unit ( RSRU ), Neptune Point, Ocean Way, Cardiff;
ii
“the trunk road” (“y gefnffordd”) means the Cardiff to Glan Conwy Trunk Road (A 70);
iii
“the new trunk road” (“y gefnffordd newydd”) means the highway mentioned in article 1 of this Order.
5
This Order comes into force on 6 January 2010 and its title is “The Cardiff to Glan Conwy Trunk Road (A 70) (Cwm-bach to Newbridge-on-Wye) Order 2009”
Signed on behalf of the Welsh Ministers
Jeff Collins
Deputy Director of Transport Planning and Governance
Welsh Assembly Government
21 December 2009


text:
PART 1 INTRODUCTORY PROVISIONS
Citation and commencement
1
These Regulations may be cited as the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 and come into force on 1st July 2009.
Interpretation - General
2
1
The provisions of this regulation apply for the purposes of interpreting these Regulations.
2
Any reference in these Regulations to a “Part”, “Chapter”, “Section” or “Sub-section”, unless the context requires otherwise, is to be construed —
a
in relation to the carriage of goods by road, as a reference to that Part, Chapter, Section or Sub-section of ADR ;
b
in relation to the carriage of goods by rail, as a reference to that Part, Chapter, Section or Sub-section of RID ; and
c
in relation to the carriage of goods by inland waterway, as a reference to that Part, Chapter, Section or Sub-section of ADN .
3
Where an expression is defined in ADR, RID or ADN and is not defined in these Regulations, it has the same meaning as in —
a
ADR in relation to carriage by road;
b
RID in relation to carriage by rail; and
c
ADN in relation to carriage by inland waterway.
4
Where an expression is defined in the Transportable Pressure Equipment Directive and is not defined in these Regulations, it has the same meaning as in that Directive.
5
The expressions mentioned in column 1 of the Table have the meanings given in column 2.
Table
Column 1 Column 2
“the 2007 Regulations” The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007 . “ADN” The Regulations annexed to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterway , as revised or reissued from time to time. “ADR” Annexes A and B to the European Agreement concerning the International Carriage of Dangerous Goods by Road , as revised or reissued from time to time.
But —
to the extent that a reference in these Regulations to ADR is a reference to ADR as it applied for the purposes of the 2007 Regulations, it has the same meaning as in the Table in regulation 2 of those Regulations; and
in regulation 14(6)(b) it means Annexes A and B as in force on the date in question.
“armed forces” Means —
one of Her Majesty’s Forces within the meaning of the Armed Forces Act 2006 ;
the Ministry of Defence Police ;
a visiting force within the meaning of Part 1 of the Visiting Forces Act 1952 ; or
a headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 .
“conformity mark” The mark referred to in article 10(1) of the Transportable Pressure Equipment Directive, the form of the mark being set out in Annex VII to that Directive. “ COTIF ” The Convention concerning International Carriage by Rail , as revised or re-issued from time to time. “the Dangerous Goods Directive” Directive 2008/68/ EC of the European Parliament and of the Council of 24th September 2008 on the inland transport of dangerous goods , as amended from time to time. “fire and rescue authority” The fire and rescue authority under the Fire and Rescue Services Act 2004 “the GB competent authority” The competent authority in Great Britain for the purposes of these Regulations as determined under regulation 25.
But a reference to “2007 GB Competent Authority” is a reference to the competent authority in Great Britain for the purposes of the 2007 Regulations.
“national carriage” Carriage that includes carriage in Great Britain and does not include carriage outside the United Kingdom. “relevant authority” Has the meaning given in section 6 of the Fire (Scotland) Act 2005 . “RID” The Annex to the Regulation concerning the international carriage of dangerous goods by rail which forms Appendix C to COTIF , as revised or reissued from time to time.
But —
to the extent that a reference in these Regulations to RID is a reference to RID as it applied for the purposes of the 2007 Regulations, it has the same meaning as in the Table in regulation 2 of those Regulations; and
in regulation 14(6)(b) it means the Annex as in force on the date in question.
“the security provisions” The prohibitions and requirements of Chapter 1.10 (including those requirements deemed to be part of ADR in consequence of regulations 7 and 8.) “the Transportable Pressure Equipment Directive ” Council Directive 1999/36/EC of 29th April 1999 concerning the approximation of laws of member States relating to common provision for transportable pressure equipment and methods for inspection and for the purposes of these Regulations —
a reference in that Directive to Directive 94/55/EC and 96/49/EC is to be treated as a reference to the Dangerous Goods Directive (and the reference to articles 6(1) and 7 of Directive 94/55/EC and articles 6(1) and 7(1) and (2) of Directive 96/49/EC in article 1(4) is to be treated as a reference to article 4 of the Dangerous Goods Directive); and
a reference to the annex to Directive 94/55/EC and the annex to 96/49/EC is to be treated as a reference to ADR and RID (respectively).
“vehicle” Has the meaning given in article 2 of the Dangerous Goods Directive except that the words “at least four wheels and” are to be omitted. “wagon” Has the meaning given in article 2 of the Dangerous Goods Directive.
Interpretation of ADR, RID and ADN for the purposes of these Regulations
3
For the purposes of these Regulations —
a
the scope of ADR, RID and ADN is deemed to include national as well as international carriage;
b
a member State of the Communities which is not a Contracting Party to ADR or ADN is deemed to be a Contracting Party to ADR or ADN (as the case may be);
c
a member State of the Communities which is not a Member State of COTIF is deemed to be a Member State of COTIF;
d
a reference in —
i
ADR or RID to “competent military authority”;
ii
ADR or ADN to “Contracting Party”; and
iii
RID to “Member State”,
is to be treated as a reference to “competent authority” unless the context requires otherwise;
e
Sub-section 1.1.4.4 of RID applies as if the words “or the provisions of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 in so far as they relate to carriage by road” were included after the words “provisions of ADR”;
f
Sub-section 1.6.1.12 of ADR is to be treated as reading “The requirements of Section 1.9.5 and Chapter 8.6 do not apply until 31 December 2009.”;
g
Sub-section 1.6.2.7 is to be treated as reading “Until 30 June 2011 the requirements of 6.2.1.4.1 to 6.2.1.4.4 applicable until 31 December 2008 apply instead of those of 1.8.6, 1.8.7, 6.2.2.9, 6.2.3.6 to 6.2.3.8.”;
h
Sub-section 1.6.3.35 is to be treated as reading “The requirements of 1.8.6, 1.8.7 and 6.8.4 TA4 and TT9 do not apply before 1 July 2011.”;
i
Sub-section 1.6.4.34 is to be treated as reading “The requirements of 1.8.6, 1.8.7 and 6.8.4 TA4 and TT9 do not apply before 1 July 2011.”;
j
the words “The competent authorities of the Contracting Parties may provide that” are omitted from Sub-section 1.8.3.2 of ADR;
k
the words “The competent authorities of the Member States may provide that” are omitted from Sub-section 1.8.3.2 of RID;
l
the reference in Sub-section 1.8.3.3 to “national authorities” is to be treated as a reference to “the GB competent authority or an enforcement authority”; and
m
Sub-section 5.3.4 of RID is omitted.
Application
4
1
These Regulations apply in relation to the carriage of dangerous goods by road and by rail.
2
These Regulations apply in relation to the carriage of dangerous goods by inland waterway but only to the extent that they apply Sub-sections 1.8.3.7 to 1.8.3.16 (which relate to the training and examination system for safety advisers and the connected issuing and renewal of vocational training certificates).
3
These Regulations do not apply in relation to the carriage of dangerous goods on any part of the Channel Tunnel system.
4
In this regulation “the Channel Tunnel system” has the meaning given to “the tunnel system” by section 1(7) of the Channel Tunnel Act 1987 except that the words “to be” which come before the word “constructed” are omitted.
PART 2 PROHIBITIONS AND REQUIREMENTS
Carriage to be in accordance with ADR or RID
5
No person is to carry dangerous goods, or cause or permit dangerous goods to be carried, where that carriage is prohibited by ADR or RID, including where that carriage does not comply with any applicable requirement of ADR or RID.
Alternative placarding requirements to apply to certain national carriage
6
1
This regulation applies in relation to national carriage —
a
in a tank;
b
in bulk; or
c
in relation to carriage by rail, by piggyback transport,
where that carriage is by a United Kingdom vehicle or a United Kingdom wagon.
2
But this regulation does not apply in relation to carriage —
a
of class 7 goods; or
b
of any dangerous goods by a vehicle or wagon belonging to or under the responsibility of one of the armed forces.
3
For the purposes of regulation 5, the requirements of —
a
Part 1 of Schedule 1 in respect of carriage by road; and
b
Part 2 of Schedule 1 in respect of carriage by rail,
are deemed to be requirements of Section 5.3.2 and any conflicting requirements in ADR or RID are to be disregarded.
4
In this regulation —
a
a “United Kingdom vehicle” means a vehicle registered by the Secretary of State in accordance with section 21(1) of the Vehicle Excise and Registration Act 1994 or a trailer being towed by such a vehicle; and
b
a “United Kingdom wagon” means a wagon used only for carriage within the United Kingdom.
5
In Schedule 1 “emergency action code” is a reference to the emergency action code for the dangerous goods in question as listed in the Dangerous Goods Emergency Action Code List , as revised or reissued from time to time.
Additional security requirements for carriage by road
7
1
For the purposes of regulation 5, the requirements set out in paragraphs (2) to (4) are deemed to be requirements of Chapter 1.10 of ADR.
2
The carrier and the driver of a vehicle which is being used for the carriage of class 1 goods must ensure that —
a
the carriage is completed within a reasonable length of time having regard to the distance involved;
b
the class 1 goods are delivered to —
i
the consignee or the consignee’s agent; or
ii
a person who is authorised by the consignee to accept custody of the class 1 goods —
aa
for onward despatch; or
bb
in circumstances where the consignee has compelling reasons not to accept the goods in accordance with Sub-section 1.4.2.3,
provided they are delivered to qualifying premises;
c
the goods are unloaded from the vehicle as soon as is reasonably practicable after it arrives at its place of delivery; and
d
any trailer or container containing class 1 goods is not detached, or removed, from the vehicle unless it is in qualifying premises.
3
But paragraph (2)(d) does not apply in an emergency.
4
The carrier of a vehicle used for the carriage of class 1 goods must not remove any class 1 goods from the consignor’s premises unless ready immediately to despatch them to the consignee or a person authorised by the consignee to accept custody in the circumstances referred to in paragraph (2)(b)(ii)(aa).
5
In this regulation —
a
“designated parking area” means —
i
in relation to an airport or railway transhipment depot or siding, an area allocated by the occupier as an area for parking vehicles carrying class 1 goods; and
ii
in relation to a harbour or harbour area, a parking area designated for the purposes of regulation 32 of the Dangerous Substances in Harbour Areas Regulations 1987 ;
b
“qualifying premises” means —
i
premises under the control of the Secretary of State for Defence;
ii
a safe and secure place; or
iii
a designated parking area in an airport, a railway transhipment depot or siding or a harbour or harbour area; and
c
“a safe and secure place” means a place within a site —
i
in relation to which a person —
aa
is licensed to manufacture or store explosives under regulation 13 of the Manufacture and Storage of Explosives Regulations 2005 ; or
bb
is registered in respect of such storage under regulation 11 of those Regulations; or
ii
in respect of which a certificate of exemption has been granted under the Explosives Act 1875 (Exemption) Regulations 1979 .
Additional security requirement relating to access
8
1
For the purposes of regulation 5, the requirement set out in paragraph (2) is deemed to be a requirement of Chapter 1.10.
2
A person involved in the carriage of dangerous goods must take all reasonable steps to ensure that unauthorised access to those goods is prevented.
Application of ADR to carriage by private individuals
9
1
This regulation applies in relation to the carriage of class 1 goods by road.
2
For the purposes of regulation 5, the exemption from the prohibitions and requirements of ADR provided for by Sub-section 1.1.3.1(a) of ADR (carriage by private individuals) is to be disregarded.
3
But paragraph (2) does not apply if the conditions specified in paragraphs (4) and (5) are satisfied.
4
The net mass of explosive substance being carried does not exceed —
a
in the case of fireworks, 50 kilograms; and
b
in the case of other explosives or a combination of fireworks and other explosives, 30 kilograms.
5
The individual has taken all reasonable steps to ensure that —
a
the manner in which the class 1 goods are loaded, stowed, carried or unloaded will not create a significant risk or significantly increase any existing risk to the health or safety of any person; and
b
there is no unauthorised access to the class 1 goods.
Application of ADR to carriage by certain enterprises
10
1
This regulation applies in relation to the carriage of class 1 goods by road.
2
For the purposes of regulation 5, the requirements referred to in paragraph (3) apply to carriage that would, but for this paragraph, be exempt from those requirements because of the exemption set out in Sub-section 1.1.3.1(c) of ADR (carriage by enterprises which is ancillary to their main activity).
3
The requirements are —
a
the requirements of ADR in —
i
Section 7.5;
ii
Section 8.3.5; and
iii
special provisions S1:(3) and S1:(6) of Chapter 8.5; and
b
the requirements deemed to be part of ADR in consequence of regulations 7 and 8.
PART 3 EXEMPTIONS
Derogations and transitional provisions
11
1
The Secretary of State for Transport may exempt the carriage of dangerous goods from requirements and prohibitions arising under Part 2 of these Regulations.
2
But paragraph (1) only applies for the purposes of —
a
implementing a derogation authorised under article 6(2) to (4) of the Dangerous Goods Directive;
b
maintaining a transitional provision permitted by article 7 of the Dangerous Goods Directive; or
c
ensuring that carriage to which these Regulations apply, but the Dangerous Goods Directive, ADR or RID does not apply, is carried out in a manner consistent with a derogation or transitional provision referred to at sub-paragraph (a) or (b).
3
Where any exemption is granted pursuant to paragraph (1), that exemption is to be set out in a document to be called “Dangerous Goods: Approved Derogations and Transitional Provisions”.
4
The document may be revised in whole or in part from time to time.
5
In the document the Secretary of State must set out —
a
the types of carriage to which the exemption applies;
b
the circumstances in which the exemption applies;
c
the requirements and prohibitions that do not apply pursuant to paragraph (1); and
d
any requirements and prohibitions that apply instead.
6
The Secretary of State may not bring to an end, or substantially alter, an exemption unless those who might be affected have been consulted.
7
This regulation does not limit the power to issue an authorisation under regulation 12(1).
Authorisations
12
1
A person referred to in column 1 of the Table may issue an authorisation to a person or class of persons to carry dangerous goods in circumstances which are contrary to prohibitions and requirements arising under Part 2 of these Regulations providing the conditions specified in column 2 are satisfied in respect of that carriage.
Column 1 Column 2
The Secretary of State for Transport The carriage is national carriage The Secretary of State for Defence The conditions are as follows —
the carriage is national carriage; and
either —
the authorisation relates to prohibitions and requirements arising out of functions for which the Secretary of State for Defence is the GB competent authority; or
it is in the interests of national security to disapply the prohibitions and requirements that are the subject of the authorisation; or
the carriage is by a vehicle or wagon belonging to or under the responsibility of one of the armed forces and it is not reasonably practicable for operational, training or security reasons related to the role of the armed forces for the prohibitions and requirements disapplied by the authorisation to apply to the carriage.
The Health and Safety Executive The carriage is national carriage and the authorisation relates to prohibitions and requirements arising out of functions for which the Health and Safety Executive is the GB competent authority.
2
An authorisation issued pursuant to paragraph (1) must be in writing and must set out —
a
the carriage that is covered by the authorisation;
b
the reason that the authorisation is being issued; and
c
any time limit applicable to the validity of the authorisation.
3
An authorisation issued pursuant to paragraph (1) may be —
a
made subject to conditions; and
b
withdrawn at any time by the provision of a notice in writing to that effect to the person authorised and that notice must set out whether the withdrawal of the authorisation has effect immediately or whether the withdrawal has effect from a specified date.
4
Any authorisation granted, or deemed to be granted, pursuant to regulation 9(2) or 10(13) of the 2007 Regulations that was in force immediately before the coming into force of these Regulations is deemed to be an authorisation issued pursuant to paragraph (1) of this regulation and subject to the same conditions as were in force immediately before the coming into force of these Regulations.
Reference temperatures and standards
13
1
This regulation applies where the GB competent authority has recognised reference temperatures or standards in accordance with regulation 28(1) or (2).
2
Part 2 does not apply in relation to national carriage to the extent that it imposes requirements on that carriage that conflict with the reference temperatures or standards recognised in accordance with regulation 28(1) or (2).
3
The exemption set out in paragraph (2) only applies if the tank or pressure receptacle being used for carriage —
a
is clearly marked or labelled to show that it is suitable for national carriage only; and
b
does not carry the conformity mark.
Old pressure receptacles
14
1
This regulation applies in relation to national carriage.
2
This regulation applies in relation to the carriage of dangerous goods which is not permitted under Part 2 of these Regulations because the old pressure receptacle used for that carriage cannot, by virtue of its design or construction, satisfy the requirements for the use of pressure receptacles set out in ADR or RID.
3
Subject to paragraph (5), the requirements in ADR or RID which cannot be complied with are to be disregarded for the purposes of Part 2 of these Regulations if the requirements of paragraph (4) are satisfied.
4
The requirements are —
a
the old pressure receptacle has not been subject to modification, major repair or re-rating which has put it outside the scope of the design standard or design specification to which it was originally constructed;
b
the old pressure receptacle —
i
has been approved by a person appointed pursuant to regulation 29(2) as being safe for use;
ii
was found to be safe by an inspection body in accordance with paragraph 5(4) of Schedule 3 to the 2007 Regulations and marked accordingly; or
iii
was found to be safe by an inspection body or a competent person in accordance with paragraph 4(2) of Schedule 2 to the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 and marked accordingly,
and the time elapsed since the approval or the finding that the receptacle was safe does not exceed the intervals for periodic inspection specified in Tables 1 to 3 of Packaging Instruction P200 and Packing Instruction P203 in Section 4.1.4; and
c
in respect of old pressure receptacles used for the carriage of acetylene, the operator has a written record of —
i
the tare weight of the old pressure receptacle, including the porous substance and, where relevant, the acetone or other solvent;
ii
the nature of solvent used; and
iii
the maximum safe operating pressure of the old pressure receptacle.
5
An old pressure receptacle which is of seamless construction or has contained acetylene and in relation to which a modification, major repair or re-rating has been undertaken may not be used for the carriage of dangerous goods.
6
In this regulation “old pressure receptacle” means a cylinder, tube, pressure drum, closed cryogenic receptacle or bundle of cylinders —
a
constructed —
i
in the case of cylinders, tubes and cryogenic receptacles, on or before 30th June 2003; and
ii
in the case of other pressure receptacles, on or before 9th May 2004;
b
which did not meet the design and construction requirements applicable to that receptacle that were set out in ADR or RID as in force on the date construction was completed;
c
which did comply with the design and construction requirements imposed under the law of the United Kingdom in force on the date construction was completed; and
d
which has not been subject to a reassessment of conformity pursuant to a provision of the law of United Kingdom or another EEA State giving effect to article 5 of the Transportable Pressure Equipment Directive (including regulation 21 of these Regulations).
Carriage within the perimeter of an enclosed area
15
Part 2 of these Regulations does not apply in relation to the carriage of dangerous goods where such carriage is wholly performed within the perimeter of an enclosed area.
Carriage by road other than by vehicles
16
1
This regulation applies in relation to carriage by road.
2
Part 2 of these Regulations does not apply in relation to carriage where that carriage is not undertaken by a vehicle.
Instruments of war and related material
17
Part 2 of these Regulations does not apply in relation to the carriage of class 7 goods by a vehicle or wagon belonging to, or under the responsibility of, one of the armed forces where those goods —
a
are, or form part of, an instrument of war;
b
are required for research into, or the development or production of, any such instrument or part of such instrument; or
c
are produced in the course of, or in connection with, such research, development or production.
Nuclear material
18
1
Part 2 does not apply in relation to the carriage of Category I/ II nuclear material or Category III nuclear material to the extent that it requires compliance with the security provisions.
2
In this regulation —
a
“Category I/II nuclear material” has the meaning given in regulation 3(3) of the Nuclear Industries Security Regulations 2003 ; and
b
“Category III nuclear material” has the meaning given in regulation 3(4) of the Nuclear Industries Security Regulations 2003.
PART 4 TRANSPORTABLE PRESSURE EQUIPMENT
Conformity assessment
19
1
This regulation applies to transportable pressure equipment within the scope of the Transportable Pressure Equipment Directive by virtue of article 1(2)(a) of that Directive.
2
Subject to regulation 20, equipment may only be placed on the market or put into service if the four obligations set out in this regulation are all satisfied.
3
The first obligation is that the equipment meets the requirements of —
a
the Dangerous Goods Directive; or
b
if applicable, article 3(4) of the Transportable Pressure Equipment Directive.
4
The second obligation is that the fact that the equipment satisfies the first obligation is demonstrated by the conformity assessment procedures mentioned in article 3(1) and (2) of the Transportable Pressure Equipment Directive.
5
The third obligation is that those conformity assessment procedures are carried out by a notified body.
6
The fourth obligation is that the marking requirements set out in article 10 of the Transportable Pressure Equipment Directive that are applicable to conformity assessment are complied with in relation to that equipment.
7
For the purposes of these Regulations, a reference in Part I of Annex IV to the Transportable Pressure Equipment Directive to “national authorities” is to be treated as if it were a reference to “competent authority”.
Conformity assessment – national carriage
20
1
Transportable pressure equipment to which regulation 19 applies may be —
a
placed on the market; or
b
put into service,
for use in national carriage if the three obligations set out in this regulation are all satisfied.
2
The first obligation is that the equipment satisfies the conformity assessment referred to in article 4(4) of the Transportable Pressure Equipment Directive.
3
The second obligation is that the assessment is carried out by an approved body.
4
The third obligation is that the marking requirements set out in article 10 of the Directive as read with article 4(2) that are applicable to conformity assessment are complied with.
Reassessment of conformity
21
1
This regulation applies to transportable pressure equipment within the scope of the Transportable Pressure Equipment Directive by virtue of article 1(2)(b) of that Directive.
2
Equipment may be reassessed for conformity in accordance with this regulation.
3
The equipment is to be —
a
reassessed by a notified body in accordance with the procedure set out in Part II of Annex IV to the Transportable Pressure Equipment Directive; and
b
marked in accordance with the requirements of article 10 of that Directive that are applicable to the reassessment of conformity.
4
But if the equipment has been manufactured in series to a design type which has been reassessed by a notified body in accordance with paragraph (3)(a), the procedure set out in Part II of Annex IV may be undertaken by an approved body and references in that Part to “notified body” are to treated as references to “approved body”.
Periodic inspection and repeated use
22
1
This regulation applies to transportable pressure equipment within the scope of the Transportable Pressure Equipment Directive by virtue of article 1(2)(c) of that Directive.
2
If the equipment bears a marking referred to in article 10(1) or (2) of the Transportable Pressure Equipment Directive or the marking for gas cylinders referred to in the second indent of article 1(2)(c) of that Directive, it is to be subject to periodic inspection in accordance with the requirements of article 6(1) of the Directive.
3
Periodic inspections of tanks are permitted in the manner described in the second paragraph of article 6(1).
4
The marking requirements applicable to periodic inspections set out in article 10 of the Transportable Pressure Equipment Directive are to be complied with in relation to the equipment.
Misleading and other markings
23
1
No person is to affix a marking on transportable pressure equipment which is likely to mislead third parties with regard to the meaning or the graphics of the conformity mark.
2
Any other marking may be affixed to transportable pressure equipment provided that the visibility and legibility of the conformity mark is not reduced.
PART 5 RADIOLOGICAL EMERGENCIES
Radiological emergencies
24
1
This regulation applies in relation to the carriage of class 7 goods.
2
The requirements of Schedule 2 are to be complied with in relation to radiological emergencies.
3
But paragraph (2) does not apply in relation to carriage by vehicles or wagons belonging to or under the responsibility of one of the armed forces.
4
For the purposes of these Regulations —
a
“radiological emergency” means a situation arising during the course of the carriage of a consignment that requires urgent action in order to protect workers, members of the public or the population (either partially or as a whole) from exposure;
b
“exposure” means being exposed to ionising radiation; and
c
“ionising radiation” means the transfer of energy in the form of particles or electromagnetic waves of a wavelength of 100 nanometres or less, or a frequency of 3x10 15 hertz or more, capable of producing ions directly or indirectly.
PART 6 GB COMPETENT AUTHORITY FUNCTIONS
Competent authority
25
1
The competent authority in Great Britain for the purposes of these Regulations is determined in accordance with paragraphs (2) to (5).
2
Subject to paragraph (3), the Health and Safety Executive is the competent authority for class 1 goods in relation to —
a
classification pursuant to Section 2.2.1;
b
special provisions 16, 178, 266, 271, 272, 278, 288, 309, 311 and 645 of Chapter 3.3;
c
mixed packing instruction MP21 of Section 4.1.10, Sub-sections 4.1.5.15 and 4.1.5.18;
d
the design approval of containers or compartments, in accordance with note a to Sub-section 7.5.2.2; and
e
the functions in respect of mobile explosives manufacturing units mentioned in Sub-sections 6.12.5 and 7.5.5.2.3.
3
The competent authority is the Secretary of State for Defence for functions —
a
in relation to military explosives for —
i
classification pursuant to Section 2.2.1;
ii
special provisions 16, 178, 266, 271 and 645 of Chapter 3.3;
iii
mixed packing instruction MP21 of Section 4.1.10, Sub-sections 4.1.5.15 and 4.1.5.18;
iv
special provision W2 of Section 7.2.4; and
v
the design approval of containers or compartments, in accordance with note a to Sub-section 7.5.2.2; and
b
in relation to class 7 goods which —
i
are, or form part of, an instrument of war;
ii
are required for research into, or the development or production of, any such instrument or part of such instrument; or
iii
are produced in the course of, or in connection with, such research, development or production.
4
The competent authority for the functions set out in Sub-sections 1.9.5.1, 1.9.5.3.1 and 1.9.5.3.8 of ADR is the traffic authority responsible for the road that passes through the tunnel.
5
The Secretary of State for Transport is the competent authority for all other functions.
6
The GB competent authority may appoint a person to carry out a function of the GB competent authority under these Regulations and a reference in these Regulations to the performance of the function by the GB competent authority is to be treated as including a reference to the performance of the function by the person appointed.
7
The person may be appointed to carry out the function in particular circumstances or generally.
8
Paragraphs (9) and (10) apply if the 2007 GB competent authority appointed, or was deemed by regulation 67(5) of the 2007 Regulations to have appointed, a person to perform a competent authority function pursuant to regulation 67(1) of those Regulations and that appointment had effect immediately before the coming into force of these Regulations.
9
The person appointed, or deemed appointed, under the 2007 Regulations is deemed to be a person appointed pursuant to paragraph (6) to perform the equivalent function in ADR or RID.
10
But in the case of a function performed in relation to carriage by inland waterway, the GB competent authority is to be deemed to have performed the function under the equivalent provision of ADN as it was performed, or deemed performed, under ADR pursuant to regulation 67(1) of the 2007 Regulations.
11
In this regulation —
a
“military explosives” has the same meaning as in regulation 2(1) of the Classification and Labelling of Explosives Regulations 1983 ; and
b
“traffic authority” is to be construed in accordance with section 121A of the Road Traffic Regulation Act 1984 .
Functions of the GB competent authority arising under ADR, RID and ADN
26
The GB competent authority is to perform those functions that are identified in ADR, RID and ADN as being the functions of a competent authority.
Fees in relation to functions of the GB competent authority
27
1
This regulation applies where a person has asked the GB competent authority to perform a function which is, by virtue of regulation 26, a function of the GB competent authority.
2
A fee may be charged for, or in connection with, the performance of the function by, or on behalf of, the GB competent authority.
3
Any fee charged must be reasonable for the work performed or to be performed.
4
But in relation to a function mentioned in regulation 29(3), paragraph 1(2) and (3) of Schedule 3 applies instead of paragraphs (2) and (3) of this regulation.
GB competent authority functions relating to reference temperatures and standards
28
1
The GB competent authority may recognise different reference temperatures from those set out in —
a
paragraphs (5)(b) and (c) of packing instruction P200 of Section 4.1.4; or
b
Sub-sections 4.2.2.7.2, 4.3.3.2.2 or 4.3.3.2.3,
in relation to the filling of pressure receptacles and tanks intended to be used only for the national carriage of liquefied gas.
2
The GB competent authority may recognise standards for the construction of the shell of a tank intended to be used only for the national carriage of liquefied gas which specify —
a
a different design reference temperature for the shell of the tank from that set out in Sub-section 6.7.3.2.1; or
b
a different test pressure for the shell of the tank from that set out in Sub-sections 4.3.3.2.2 and 4.3.3.2.3,
provided that the temperature or pressure specified in the standard is such that it will ensure that the shell is safe and suitable for its intended use.
Appointments by the GB competent authority
29
1
Paragraph (2) applies in respect of equipment which under these Regulations may not be used in connection with the carriage of dangerous goods unless it has been approved for that use.
2
The GB competent authority may appoint such persons as it thinks fit to determine whether the equipment should be approved and, if so, to approve that equipment for use.
3
Where it is a function of the GB competent authority, by virtue of regulation 26, to approve or authorise a body or expert to carry out, witness, supervise or decide to waive an inspection, examination, test or approval in respect of equipment used in connection with the carriage of dangerous goods, that function is to be performed by the appointment of a person pursuant to paragraph (2).
4
In respect of the appointment of a person to carry out the functions of a notified body for the purposes of Part 4 of these Regulations, the GB competent authority may not appoint a person pursuant to paragraph (2) unless that person satisfies the criteria set out in Annexes I and II to the Transportable Pressure Equipment Directive.
5
In respect of the appointment of a person to carry out the functions of an approved body for the purposes of Part 4 of these Regulations, the GB competent authority may not appoint a person pursuant to paragraph (2) unless that person satisfies the criteria set out in Annexes I and III to the Transportable Pressure Equipment Directive.
6
Schedule 3 has effect in relation to the making of appointments pursuant to paragraph (2).
Certain functions to be deemed to have been performed by the GB competent authority
30
1
Paragraphs (3) and (4) apply if —
a
the 2007 GB competent authority performed, or was deemed by regulation 70 of the 2007 Regulations to have performed, a function pursuant to regulation 66(1) of those Regulations; and
b
the action taken by the 2007 GB competent authority, as a consequence of the performance of the function, had effect immediately before the coming into force of these Regulations.
2
But paragraphs (3) and (4) do not apply where the function was performed, or deemed performed, by appointment in accordance with regulation 69(2) of the 2007 Regulations.
3
The GB competent authority is deemed to have performed the function pursuant to regulation 26 under the same provision of ADR or RID as it was performed, or deemed performed, pursuant to regulation 66(1).
4
In the case of a function performed in relation to carriage by inland waterway, the GB competent authority is to be deemed to have performed the function under the equivalent provision of ADN as it was performed, or deemed performed, under ADR pursuant to regulation 66(1).
PART 7 MISCELLANEOUS
Keeping and provision of information
31
1
An accident report of the kind referred to in Sub-section 1.8.3.6 is to be provided to the GB competent authority or enforcement authority if requested.
2
A written record of the information contained in the transport document described in Chapters 5.4 and 5.5 is to be kept for a period of three months after the completion of the carriage in question.
Enforcement
32
1
The enforcing authorities for these Regulations are —
a
the Health and Safety Executive in relation to road and rail;
b
the Secretary of State for Transport in relation to road and inland waterways; and
c
the chief officer of police of each area in relation to road.
2
But the Health and Safety Executive is not the enforcing authority in relation to rail to the extent that the Office of Rail Regulation is the enforcing authority pursuant to regulation 3(1) of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 .
3
Paragraphs (1) and (2) are subject to paragraph (4).
4
The Secretary of State for Transport is the only enforcing authority to the extent that these Regulations require compliance with the security provisions.
Revocation
33
The 2007 Regulations are revoked.
Signed by the authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
27th May 2009


text:
Title, commencement and application
1
1
These Regulations may be cited as the Food (Jelly Mini-Cups) (Emergency Control) (England) Regulations 2009 and come into force on 20th January 2010.
2
These Regulations apply in relation to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990 and, save where otherwise indicated, any expression used both in these Regulations and in the Act has the same meaning as in the Act;
“commercial operation” does not include exporting;
“the Commission Decision” means Commission Decision 2004/374/ EC suspending the placing on the market and import of jelly mini-cups containing the food additives E400, E401, E402, E403, E404, E405, E406, E407, E407a, E410, E412, E413, E414, E415, E417 and/or 418 ;
“controlled jelly mini-cups” means any jelly mini-cups which contain any of the relevant food additives and which are intended for human consumption;
“food authority” has the meaning that it bears by virtue of section 5(1) of the Act, except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple); and
“the relevant food additives” means the food additives E400: alginic acid; E401: sodium alginate; E402: potassium alginate; E403: ammonium alginate; E404: calcium alginate; E405: propane 1,2-diol alginate; E406: agar; E407: carrageenan; E407a: processed euchema seaweed; E410: locust bean gum; E412: guar gum; E413: tragacanth; E414: acacia gum; E415: xanthan gum; E417: tara gum and E418: gellan gum.
2
Any term used both in these Regulations and in the Commission Decision has the same meaning as in the Commission Decision.
3
Where any functions under the Act are assigned —
a
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 , to a port health authority;
b
by an order under section 6 of the Public Health Act 1936 , to a joint board for a united district; or
c
by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985 , to a single authority for a metropolitan county,
any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to which they are so assigned.
Prohibitions
3
1
No person shall carry out any commercial operation with respect to any controlled jelly mini-cups.
2
For the purposes of paragraph (1), any jelly mini-cups which contain any of the relevant food additives shall be presumed until the contrary is proved to be controlled jelly mini-cups.
3
No person shall use any of the relevant food additives in the manufacture of any jelly mini-cups which are intended for human consumption.
4
For the purposes of paragraph (3), any jelly mini-cups shall be presumed until the contrary is proved to be intended for human consumption.
5
Any person who knowingly contravenes paragraph (1) or (3) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding three months or to both.
Enforcement
4
1
Each food authority shall enforce and execute these Regulations within its area.
2
For the purposes of enabling a food authority to carry out its duty of executing and enforcing these Regulations, an authorised officer of that authority shall be subject to the same obligations as regards the procurement of samples under section 29 of the Act as are imposed on an authorised officer of an enforcement authority by regulations 6 to 8 of the Food Safety (Sampling and Qualifications) Regulations 1990 (in these Regulations referred to as “the 1990 Regulations”), with the modification that any reference in those Regulations to section 29 of the Act shall be deemed to be a reference to that section as applied for the purposes of these Regulations by regulation 5(5).
3
Each food authority shall give such assistance and information to the Secretary of State and the Food Standards Agency as they may reasonably request in connection with the execution and enforcement of these Regulations.
Application etc. of various provisions of the Act
5
1
The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc.);
b
section 20 (offences due to fault of another person);
c
section 21 (defence of due diligence ), with the further modifications that —
i
subsections (2) to (4) shall apply in relation to an offence under regulation 3(1) and (3) as they apply to an offence under regulation 14 or 15, and
ii
in relation to an offence under regulation 3(1), the references to “sale” in subsection (4)(b) are deemed to include references to the carrying out of any commercial operation.
d
section 30 (analysis etc. of samples) with the further modifications that —
i
the reference to “section 29 above” in subsection (1) shall be deemed to be a reference to that section as applied by regulation 5(5), and
ii
in the definition of “sample” in subsection (9) the reference to “regulations under section 31 below” shall be deemed to be a reference to regulation 4(2);
e
section 32 (powers of entry), with the further modification that in subsection (1) the reference to “an enforcement authority” shall be deemed to be a reference to a food authority;
f
section 33(1) (obstruction etc. of officers);
g
section 33(2), with the further modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub–paragraph (f);
h
section 35(1) (punishment of offences) , in so far as it relates to offences under section 33(1) as applied by sub–paragraph (f);
i
section 35(2) and (3) , in so far as it relates to offences under section 33(2) as applied by sub–paragraph (g);
j
section 36 (offences by bodies corporate);
k
section 36A (offences by Scottish partnerships) ; and
l
section 44 (protection of officers acting in good faith).
2
Subject to paragraph (3), section 9 of the Act (inspection and seizure of suspected food) applies for the purposes of these Regulations as if it read as follows —
9
1
An authorised officer of a food authority may at all reasonable times inspect any jelly mini-cups which —
a
have been sold or are offered or exposed for sale; or
b
are in the possession of, or have been deposited with or consigned to, any person for the purpose of sale or of preparation for sale.
2
Subsections (3) to (8) apply where, whether or not on an inspection carried out under subsection (1), it appears to an authorised officer that —
a
any person has carried out commercial operations with respect to controlled jelly mini-cups, in contravention of regulation 3(1) of the Food (Jelly Mini-Cups) (Emergency Control) (England) Regulations 2009; or
b
any person has used any of the relevant food additives in the manufacture of any jelly mini-cups which are intended for human consumption, in contravention of regulation 3(3) of those Regulations.
3
The authorised officer may either —
a
give notice to the person in charge of the jelly mini-cups that, until the notice is withdrawn, the jelly mini-cups or any specified quantity of them —
i
are not to be used for human consumption, and
ii
either are not to be removed or are not to be removed except to some place specified in the notice; or
b
seize the jelly mini-cups and remove them in order to have them dealt with by a justice of the peace;
and any person who knowingly contravenes the requirements of a notice under sub-paragraph (a) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
Where the authorised officer exercises the powers conferred by subsection (3)(a) that officer shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he or she is satisfied that there has been no contravention of regulation 3(1) or (3) of the Food (Jelly Mini-Cups) (Emergency Control) (England) Regulations 2009 in relation to the jelly mini-cups and —
a
if he or she is so satisfied, shall forthwith withdraw the notice; and
b
if he or she is not so satisfied, shall seize the jelly mini-cups and remove them in order to have them dealt with by a justice of the peace.
5
Where an authorised officer exercises the powers conferred by subsection (3)(b) or (4)(b), he shall inform the person in charge of the jelly mini-cups of his intention to have them dealt with by a justice of the peace and –
a
any person who under regulation 3(5) of the Food (Jelly Mini-Cups) (Emergency Control) (England) Regulations 2009 might be liable to a prosecution in respect of the jelly mini-cups shall, if he attends before the justice of the peace by whom the jelly mini-cups fall to be dealt with, be entitled to be heard and to call witnesses; and
b
that justice of the peace may, but need not, be a member of the court before which any person is proceeded against for an offence consisting of a contravention of regulation 3(1) or (3) of the Food (Jelly Mini-Cups) (Emergency Control) (England) Regulations 2009 in relation to those jelly mini-cups.
6
If it appears to a justice of the peace, on the basis of such evidence as the justice of the peace considers appropriate in the circumstances, that any person has contravened regulation 3(1) or (3) of the Food (Jelly Mini-Cups) (Emergency Control) (England) Regulations 2009 in relation to any jelly mini-cups falling to be dealt with by the justice of the peace under this section, the justice of the peace shall condemn the jelly mini-cups and order —
a
the jelly mini-cups to be destroyed or to be so disposed of as to prevent them from being used for human consumption; and
b
any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the jelly mini-cups.
7
If a notice under subsection (3)(a) is withdrawn, or the justice of the peace by whom any jelly mini-cups fall to be dealt with under this section refuses to condemn them, the food authority shall compensate the owner of the jelly mini-cups for any depreciation in their value resulting from the action taken by the authorised officer.
8
Any disputed question as to the right to or the amount of any compensation payable under subsection (7) shall be determined by arbitration.
9
For the purposes of –
a
subsection (2)(a), any jelly mini-cups which contain any of the relevant food additives shall be presumed until the contrary is proved to be controlled jelly mini-cups; and
b
subsection (2)(b), any jelly mini-cups shall be presumed until the contrary is proved to be intended for human consumption.
.
3
The expressions “food authority”, “jelly mini-cups”, “controlled jelly mini-cups”, “the relevant food additives” and “for human consumption”, which are used in section 9 of the Act in so far as it applies for the purposes of these Regulations by virtue of paragraph (2), shall, for those purposes, bear the meanings that those expressions respectively bear in these Regulations.
4
Section 2 of the Act (extended meaning of “sale” etc ) shall apply in relation to section 9 of the Act in so far as it applies for the purposes of these Regulations by virtue of paragraph (2).
5
Section 29 of the Act (procurement of samples) shall apply for the purposes of these Regulations with the modifications that —
a
for the words “an enforcement authority” there shall be substituted the words “a food authority”;
b
for subsection (b)(ii) there shall be substituted the following provision —
ii
is found by him on or in any premises which he is authorised to enter pursuant to section 32 as applied for the purposes of the Food (Jelly Mini-Cups) (Emergency Control) (England) Regulations 2009 by regulation 5(1)(e) of those Regulations;
;
c
subsection (c) shall be omitted; and
d
for the words “any of the provisions of this Act or of regulations or orders made under it” in subsection (d) there shall be substituted the words “the Food (Jelly Mini-Cups) (Emergency Control) (England) Regulations 2009”.
6
Regulation 9(1) of the 1990 Regulations shall apply for the purposes of these Regulations as if it read as follows —
1
Where a sample procured under section 29 of the Act as applied by regulation 5(5) of the Food (Jelly Mini-Cups) (Emergency Control) (England) Regulations 2009 has been analysed or examined pursuant to regulation 4(2) of those Regulations, the owner shall be entitled on request to be supplied with a copy of the certificate of analysis or examination by the authority which, by virtue of regulation 4(1) of those Regulations, has the duty of enforcing them.
.
Revocation
6
The Food (Jelly Confectionery) (Emergency Control) (England) Regulations 2002 are revoked.
Signed by authority of the Secretary of State for Health
Gillian Merron
Minister of State,
Department of Health
7th December 2009


text:
1
This Order may be cited as the Value Added Tax (Drugs and Medicines) Order 2009, and comes into force on 2nd December 2009 and has effect in relation to supplies made on or after that date.
2
1
Group 12 of Schedule 8 to the Value Added Tax Act 1994 (zero-rating: drugs, medicines, aids for the handicapped, etc. ) is varied as follows.
3
For items 1 and 1A substitute —
1
The supply of any qualifying goods dispensed to an individual for that individual’s personal use on the prescription of an appropriate practitioner where the dispensing is —
a
by a registered pharmacist, or
b
in accordance with a requirement or authorisation under a relevant provision.
4
In Note (1) omit “or item 1A”.
5
In Note (2A) for “items 1 and 1A” substitute “item 1”.
6
Insert after Note (2A) —
2B
In item 1 “appropriate practitioner” means —
a
a registered medical practitioner ;
b
a person registered in the dentists’ register under the Dentists Act 1984 ;
c
a community practitioner nurse prescriber;
d
a nurse independent prescriber;
e
an optometrist independent prescriber;
f
a pharmacist independent prescriber;
g
a supplementary prescriber.
For the purposes of this Note “community practitioner nurse prescriber”, “nurse independent prescriber”, “optometrist independent prescriber”, “pharmacist independent prescriber” and “supplementary prescriber” have the meanings given in article 1(2) of the Prescription Only Medicines (Human Use) Order 1997 .
2C
In item 1 “registered pharmacist” means a person who is —
a
registered in the Register of Pharmacists maintained under the Pharmacists and Pharmacy Technicians Order 2007 , or
b
registered in the register of pharmaceutical chemists kept under the Pharmacy (Northern Ireland) Order 1976 .
2D
In item 1 “relevant provision” means —
a
article 57 of the Health and Personal Social Services (Northern Ireland) Order 1972 ;
b
regulation 20 of the National Health Service (Pharmaceutical Services) Regulations 1992 ;
c
regulation 12 of the Pharmaceutical Services Regulations (Northern Ireland) 1997 ;
d
paragraph 44 of Schedule 5 to the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 ;
e
paragraph 15 of Schedule 1 to the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 ;
f
paragraphs 47 and 49 of Schedule 6 to the National Health Service (General Medical Services Contracts) Regulations 2004 ;
g
paragraph 44 of Schedule 5 to the Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004 ;
h
paragraphs 46, 48 and 49 of Schedule 5 to the National Health Service (Personal Medical Services Agreements) Regulations 2004 ;
i
paragraph 47 of Schedule 6 to the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 ;
j
regulation 60 of the National Health Service (Pharmaceutical Services) Regulations 2005 .
.
7
In Note (5) omit “1A,”.
Tony Cunningham
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
9th November 2009


text:
Title, application and commencement
1
These Regulations may be cited as the Meat (Official Controls Charges) (England) Regulations 2009, apply in relation to England only and come into force on 28th September 2009.
Interpretation
2
1
In these Regulations —
“accounting period” means a period of less than a year determined by the Agency;
“the Agency” means the Food Standards Agency;
“audit” has the meaning given to it in Article 2.6 of Regulation 882/2004;
“controls” means those official controls performed by the Agency —
pursuant to Regulation 854/2004, at slaughterhouses, game-handling establishments and cutting plants, for the verification of compliance with the provisions of Regulation 853/2004 in so far as they apply in relation to meat of domestic ungulates, meat from poultry and lagomorphs, meat of farmed game and meat of wild game;
at slaughterhouses, for the verification of compliance with the provisions of the Welfare of Animals (Slaughter or Killing) Regulations 1995 in so far as they apply in relation to animals slaughtered there for human consumption;
in relation to domestic ungulates slaughtered outside the slaughterhouse, pursuant to Chapter VI of Section I of Annex III to Regulation 853/2004;
in relation to poultry slaughtered on farm, pursuant to Chapter VI of Section II of Annex III to Regulation 853/2004; and
in relation to —
farmed ratites,
farmed game mammals of the family Cervidae or the family Suidae, or
bison,
slaughtered at the place of origin, pursuant to Section III of Annex III to Regulation 853/2004;
“cutting plant” means an establishment which is used for boning and/or cutting up fresh meat for placing on the market and which —
is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31st December 2005, operating as licensed cutting premises under the Fresh Meat (Hygiene and Inspection) Regulations 1995 or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 ;
“cutting up” has the meaning that it bears in Regulation 853/2004 and “cut up” shall be construed accordingly;
“Directive 2004/41”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2075/2005” and “Regulation 2076/2005” have the meanings respectively given to them in Schedule 1;
“domestic ungulates” has the meaning given to it in point 1.2 of Annex I to Regulation 853/2004;
“establishment” has the meaning given to it in Article 2.1(c) of Regulation 852/2004;
“farmed game” has the meaning given to it in point 1.6 of Annex I to Regulation 853/2004;
“food business operator” has the meaning given to it in Article 3.3 of Regulation 178/2002;
“fresh meat” has the meaning given to it in point 1.10 of Annex I to Regulation 853/2004;
“game” has the meaning that it bears in Regulation 853/2004;
“game-handling establishment” means any establishment in which game and game meat obtained after hunting are prepared for placing on the market and which —
is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31 st December 2005, operating as a licensed wild game processing facility under the Wild Game (Hygiene and Inspection) Regulations 1995 ;
“game meat” has the meaning that it bears in Regulation 853/2004;
“inspector” means an official veterinarian, an official auxiliary or any other person appointed by the Agency for the purpose of performing controls;
“lagomorphs” has the meaning given to it in point 1.4 of Annex I to Regulation 853/2004;
“meat” has the meaning given to it in point 1.1 of Annex I to Regulation 853/2004;
“official auxiliary” has the meaning given to it in Article 2.1(h) of Regulation 854/2004;
“official controls” shall be construed in accordance with the definition of “official control” in Article 2.1 of Regulation 882/2004;
“official controls charge” means the charge calculated in accordance with Schedule 2 and notified in accordance with regulation 3(1), (2) or (3);
“official veterinarian” has the meaning given to it in Article 2.1(f) of Regulation 854/2004;
“operator” means a food business operator who is carrying on a food business at any premises, or his duly authorised representative;
“place of origin” has the meaning that it bears in point 3 of Section III of Annex III to Regulation 853/2004;
“placing on the market” has the meaning given to it in Article 3.8 of Regulation 178/2002;
“poultry” has the meaning given to it in point 1.3 of Annex I to Regulation 853/2004;
“premises” means any slaughterhouse, game–handling establishment, cutting plant, place that is outside the slaughterhouse for the purposes of Chapter VI of Section I of Annex III to Regulation 853/2004, farm or place of origin;
“slaughterhouse” means an establishment used for slaughtering and dressing animals, the meat of which is intended for human consumption and which —
is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31st December 2005, operating as a licensed slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995 or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995;
“time costs” means, in relation to any establishment for any accounting period, the costs calculated in accordance with paragraphs 7 to 9 of Schedule 2;
“verification” means checking, by examination and provision of objective evidence; and
“wild game” has the meaning given to it in point 1.5 of Annex I to Regulation 853/2004.
2
In these Regulations, any reference to a Community instrument defined in Schedule 1 is a reference to that instrument as amended from time to time.
Charges
3
1
The Agency shall, subject to the following provisions of this regulation, notify each operator of any premises at which controls have been exercised in any accounting period of an official controls charge in respect of those controls as soon as practicable after the end of that period.
2
Where the Agency cannot comply with paragraph (1) because it has insufficient information available to it to enable it to calculate the official controls charge for any accounting period in respect of any premises, it shall notify the operator of those premises of an interim charge, being such amount as the Agency estimates (having regard to the information it has) the official controls charge to be.
3
Where the Agency has notified an operator of an interim charge in accordance with paragraph (2), and sufficient information becomes available to the Agency to calculate the official controls charge, it shall calculate that charge and —
a
where it exceeds the interim charge, notify the operator of the amount by which the official controls charge exceeds the interim charge; or
b
subject to paragraph (5), where it is less than the interim charge, credit to the operator the amount by which the interim charge exceeds the official controls charge.
4
Any charge notified to an operator under paragraph (1), (2) or (3) shall be payable by him to the Agency on demand.
5
Where under paragraph (3)(b) a sum is to be credited to an operator, the Agency may if it so determines pay such sum to the operator concerned instead of crediting it to him.
Withdrawal of controls
4
Where the Agency has had judgment entered against an operator of any premises for any sum which is payable to it under regulation 3(4) and the operator fails within a reasonable time thereafter to satisfy the judgment, the Agency may (regardless of any other legal remedy open to it) refuse to exercise any further controls at those premises until the judgment has been satisfied.
Information
5
1
An operator shall, on demand being made by the Agency, supply —
a
such information as the Agency may reasonably require for the purpose of calculating the official controls charge or notifying an operator of it; and
b
such evidence as the Agency may reasonably require to enable it to verify information supplied under sub–paragraph (a).
2
Any demand made by the Agency under paragraph (1) shall be in writing and may be served on the operator concerned —
a
by delivering it to that operator;
b
in the case of an operator that is a body corporate other than a limited liability partnership —
i
by delivering it to their secretary at their registered or principal office, or
ii
by sending it in a prepaid letter addressed to their secretary at that office;
c
in the case of an operator that is a limited liability partnership —
i
by delivering it to a designated member of the partnership at their registered or principal office, or
ii
by sending it in a prepaid letter addressed to a designated member of the partnership at that office;
d
in the case of an operator that is a partnership other than a limited liability partnership, by delivering it to the partnership’s principal place of business; or
e
in the case of any other operator, by leaving it or sending it in a prepaid letter addressed to the operator at the operator’s usual or last known residence.
3
Where a demand is to be served on an operator under paragraph (2) but it is not reasonably practicable to ascertain the name and address of the person on whom it should be served, or the premises of the operator are unoccupied, the document may be served by addressing it to the operator in the capacity of occupier of those premises (naming them), and —
a
by delivering it to some other person at the premises; and
b
if there is no other person at the premises to whom it can be delivered, by affixing it or a copy of it to some conspicuous part of the premises.
4
Any person who —
a
without reasonable excuse, fails to comply within a reasonable time with a demand made under paragraph (1); or
b
in purported compliance with paragraph (1), knowingly or recklessly supplies information or evidence that is false or misleading in a material particular,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Revocation
6
The Meat (Official Controls Charges) (England) Regulations 2008 are revoked.
Signed by authority of the Secretary of State for Health.
Gillian Merron
Minister of State,
Department of Health
24th June 2009


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Section 19 Permit Regulations 2009 and shall come into force on 6th April 2009.
2
These Regulations extend to England, Scotland and Wales.
Interpretation
2
1
In these Regulations —
“the 1981 Act ” means the Public Passenger Vehicles Act 1981;
“the 1985 Act ” means the Transport Act 1985;
“the 1988 Act ” means the Road Traffic Act 1988 ;
“the 1986 Regulations ” means the Road Vehicles (Construction and Use) Regulations 1986 ;
“corresponding disc” means the disc issued with a permit, in accordance with regulation 9, bearing the same serial number as that permit;
“corresponding permit” means the permit granted in accordance with regulation 8 which bears the same serial number as the disc issued with that permit;
“designated body” means a body designated in an order made under section 19(7) of the 1985 Act ;
“holder” means a body to which a permit has been granted;
“issuing body” means the traffic commissioner or, as the case may be, designated body which granted a permit and issued a corresponding disc;
“large bus permit” means a permit granted in accordance with regulation 8 which authorises the use of a large bus;
“public service vehicle other than a bus” means a public service vehicle adapted to carry not more than eight passengers; and
“standard permit” means a permit granted in accordance with regulation 8 which authorises the use of a small bus or a public service vehicle other than a bus.
2
For the purposes of regulations 3 to 5 —
a
“full licence” and “Northern Ireland licence” have the meaning given in section 108 of the 1988 Act;
b
“PCV Community licence” and “passenger-carrying vehicle” have the meaning given respectively in sections 110 and 121 of the 1988 Act;
c
expressions relating to vehicle categories have the meaning given in regulation 4(2)(a) and (b) of the Motor Vehicles (Driving Licences) Regulations 1999 ;
d
a person holds a valid full licence granted under Part 3 of the 1988 Act authorising the driving of motor vehicles included in any category or sub-category if that person is authorised to drive such vehicles under section 88(1) of that Act .
Conditions to be fulfilled by driver of large bus
3
Any person who drives a large bus while it is being used under a permit must hold —
a
a licence to drive a passenger-carrying vehicle,
b
a PCV Community licence, or
c
a Northern Ireland licence corresponding to a licence to drive a passenger-carrying vehicle,
which authorises the driving of that vehicle.
Conditions to be fulfilled by driver of small bus
4
1
Any person who drives a small bus while it is being used under a permit and who is not the holder of —
a
a licence to drive a passenger-carrying vehicle,
b
a PCV Community licence, or
c
a Northern Ireland licence corresponding to a licence to drive a passenger-carrying vehicle,
which authorises the driving of that vehicle must, if that driver does not fulfil the conditions specified in paragraph (2), fulfil the alternative conditions specified in paragraph (3) and abide by the restrictions set out in paragraph (4).
2
The conditions are that the driver —
a
was first granted a full licence under Part 3 of the 1988 Act authorising the driving of motor vehicles in category B (excepting a licence which only authorises the driving of vehicles in sub-category B1) before 1st January 1997; and
b
is the holder of a valid full licence under that Part of that Act authorising the driving of motor vehicles in category B (excepting a licence which only authorises the driving of vehicles in sub-category B1) and sub-category D1 (not for hire or reward).
3
The alternative conditions are that the driver —
a
is the holder of —
i
a valid full licence granted under Part 3 of the 1988 Act,
ii
a valid Northern Ireland licence corresponding to the licence described in sub-paragraph (a)(i), or
iii
a valid Community licence,
authorising the driving of motor vehicles in category B (excepting a licence which only authorises the driving of vehicles in sub-category B1);
b
has held such a licence for a period of, or periods amounting in aggregate to, not less than 2 years;
c
is aged 21 years or over;
d
if aged 70 years or over, is not suffering from a relevant disability in respect of which the Secretary of State would have to refuse that person a licence authorising the driving of vehicles of a class included in sub-category D1; and
e
receives no payment or other consideration for driving the vehicle other than out-of-pocket expenses.
4
The restrictions are that the vehicle —
a
must not have a trailer attached;
b
must, in a case where the driver’s licence only authorises the driving of vehicles with automatic transmission, be fitted with automatic transmission; and
c
must satisfy the weight restrictions specified in section 18(4) of the 1985 Act .
5
For the purposes of this regulation —
a
“Community licence” has the meaning given in section 108 of the 1988 Act; and
b
“relevant disability” has the meaning given in section 92 of the 1988 Act.
Conditions to be fulfilled by driver of public service vehicle other than a bus
5
1
Any person who drives a public service vehicle other than a bus while it is being used under a permit and who is not the holder of —
a
a licence to drive a passenger-carrying vehicle,
b
a PCV Community licence, or
c
a Northern Ireland licence corresponding to a licence to drive a passenger-carrying vehicle,
which authorises the driving of that vehicle, must fulfil the conditions specified in paragraph (2).
2
The conditions are that the driver must —
a
hold a valid full licence granted under Part 3 of the 1988 Act authorising the driving of motor vehicles in category B (excepting a licence which only authorises the driving of vehicles in sub-category B1);
b
have held such a licence for a period of, or periods amounting in aggregate to, not less than 2 years; and
c
be aged 21 years or over.
Conditions of fitness for use of small bus
6
1
A small bus used under a permit must comply with the conditions of fitness specified in —
a
regulations 41 to 43 of the 1986 Regulations ; or
b
alternatively, if the vehicle was first used before 1st April 1988, regulations 6 to 33, 35 to 44 and 45A of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 .
2
For the purpose of this regulation the date on which a vehicle is first used is to be determined in accordance with regulation 3(3) of the 1986 Regulations.
Fees
7
Subject to regulation 10(6) and 11(9) the fee for the grant of a permit by a traffic commissioner is —
a
£20 for a large bus permit; or
b
£11 for a standard permit.
Permits
8
1
A permit granted on or after 6th April 2009 must be granted for a period not exceeding five years.
2
Such a permit must contain —
a
the expiry date of the permit;
b
an indication that, in the case of a permit granted by a traffic commissioner, it was so granted;
c
the identity of the designated body that granted the permit, in a case where it was granted by such a body;
d
the name of the body to whom the permit was granted;
e
the date on which the permit was granted;
f
the serial number of the permit;
g
an indication as to whether the permit is —
i
a large bus permit; or
ii
a standard permit;
h
details of any conditions attached to the permit under section 19(7) or 20(4) of the 1985 Act; and
i
an indication of the classes of persons set out in column 2 of the table who may be carried in a vehicle when it is being used under the permit, by reference to the corresponding letter code in column 1.
Table
1 2
A Members of the body holding the permit. B Persons whom the body exists to benefit, and persons assisting them. C Disabled persons or persons who are seriously ill, and persons assisting them. D Pupils or students of any school, college, university or other educational establishment and staff or other helpers accompanying them. E Persons living within a geographically defined local community, or group of such communities, whose public transport needs are not met other than by virtue of services provided by the body holding the permit. F Any other class of persons specified in the permit.
3
For the purposes of this regulation, “disabled person” has the meaning given in section 1 of and Schedule 1 to the Disability Discrimination Act 1995 .
Discs
9
1
Where an issuing body grants a permit that issuing body must, at the same time, issue a corresponding disc.
2
Such a disc must contain —
a
the expiry date of the corresponding permit;
b
an indication, in the case of a disc whose corresponding permit was granted by a traffic commissioner, that it was so granted;
c
the identity of the designated body that granted the corresponding permit, where it was granted by such a body;
d
the name of the body to whom the corresponding permit was granted;
e
the date on which the corresponding permit was granted;
f
the serial number; and
g
the appropriate letter codes as referred to in regulation 8(2)(i) indicating the classes of persons who may be carried in any vehicle when it is being used under the corresponding permit.
3
The corresponding disc for a large bus permit must be coloured red and contain the words “large bus disc”.
4
The corresponding disc for a standard permit must be coloured purple and contain the words “standard disc”.
5
A legible disc must, at all times when a vehicle is being used under the corresponding permit, be affixed inside the vehicle in such place that the disc —
a
does not interfere with the ability of the driver of the vehicle to drive that vehicle safely; and
b
can easily be seen and read in daylight from outside the vehicle.
Replacement of certain permits and discs which are lost or destroyed
10
1
If a permit granted on or after 6th April 2009, or a corresponding disc, is lost or destroyed the holder must immediately give notice of that fact to the issuing body which granted the permit or issued the disc.
2
When giving notice under paragraph (1) the holder must —
a
surrender to the issuing body any corresponding disc or corresponding permit which has not been lost or destroyed; and
b
indicate whether the holder wishes the issuing body to issue a replacement permit.
3
Where notice is given under paragraph (1) and the issuing body is satisfied that the permit or disc has been lost or destroyed, the issuing body may, if requested to do so under paragraph (2)(b), issue the holder with a replacement permit and corresponding disc.
4
A replacement permit and corresponding disc issued by virtue of paragraph (3) must bear the same expiry date as the permit and disc which they replace.
5
If, at any time after notice has been given under paragraph (1), the permit or disc notified as having been lost or destroyed comes into the possession of the holder, the holder must immediately return that permit or disc to the issuing body which granted or issued it.
6
Regulation 7 does not apply to a replacement permit issued by a traffic commissioner under paragraph (3).
Revocation of permits granted before 6th April 2009 which are lost or destroyed
11
1
If a permit granted before 6th April 2009, or a corresponding disc, is lost or destroyed the holder must immediately give notice of that fact to the issuing body which granted the permit or issued the disc.
2
When giving notice under paragraph (1) the holder must —
a
surrender to the issuing body any corresponding disc or corresponding permit which has not been lost or destroyed; and
b
indicate whether the holder wishes the issuing body to grant a new permit.
3
Where notice is given under paragraph (1) and the issuing body is satisfied that the permit has been lost or destroyed, the issuing body may, if requested to do so under paragraph (2)(b), grant a new permit and issue a corresponding disc.
4
Where the holder requests a new permit under paragraph (2)(b), the revocation date of the permit which has been lost, destroyed, or surrendered to the issuing body is either —
a
the date on which the issuing body grants a new permit and issues a corresponding disc; or
b
the date on which the issuing body notifies the holder of the decision not to grant a new permit.
5
Where the holder does not request a new permit under paragraph (2)(b), the revocation date of the permit which has been lost, destroyed, or surrendered to the issuing body is the date on which the notice given under paragraph (1) is received by the issuing body.
6
A new permit granted by virtue of paragraph (3) must comply with regulation 8, and the corresponding disc must comply with regulation 9.
7
If, at any time after notice has been given under paragraph (1), the permit or disc notified as having been lost or destroyed comes into the possession of the holder, the holder must immediately return that permit or disc to the issuing body which granted or issued it.
8
In this regulation the “revocation date” is the revocation date for the purposes of section 60(2) of the Local Transport Act 2008.
9
Regulation 7 does not apply to a new permit granted by a traffic commissioner under paragraph (3).
Return of permits and discs
12
Where a permit ceases to have effect for one of the reasons described in section 20(7) of the 1985 Act, the holder must return the permit and corresponding disc to either —
a
the traffic commissioner who or, as the case may be, designated body which revoked the permit; or
b
where the permit was granted by a designated body which has ceased to be so designated, the traffic commissioner for the traffic area in which any vehicle was last used under the permit.
Transitional provisions
13
1
Any 1981 Act permit is deemed to have been granted under section 19 of the 1985 Act and any disc issued with such a permit is deemed to have been issued under these Regulations.
2
A 1981 Act permit only authorises the use of the vehicle specified in it.
3
Where a 1981 Act permit —
a
was granted by a local authority, and
b
authorises the use of a large bus,
that permit, and any disc issued with it, are deemed to have been granted and issued respectively by the traffic commissioner for the traffic area in which the vehicle authorised to be used under that permit is ordinarily kept.
4
A permit, or 1981 Act permit, granted before 6th April 2009 authorising the use of a small bus is, if still in force on that date, deemed to be a standard permit, and any disc issued with it is deemed to bear the words “standard disc”.
5
For the purposes of this regulation, a “1981 Act permit” means a permit granted under section 42 of the 1981 Act and, in this context, “permit” does not have the meaning given in section 19(1) of the 1985 Act.
Revocation
14
The Regulations listed in the Schedule are revoked.
Signed by authority of the
Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
21st February 2009