text:
Citation and commencement
1
These Regulations may be cited as the Tractor etc (EC Type-Approval) Regulations 2005 and shall come into force on 1st July 2005.
Interpretation
2
1
In these Regulations —
“certificate of conformity” means a certificate issued under regulation 6 or by an EC type-approval authority in a Member State other than the United Kingdom;
“component” means a device, intended to be part of a vehicle, which may be type-approved independently of a vehicle;
“EC type-approval” means the procedure whereby a type of vehicle, system, component or separate technical unit is certified as having satisfied relevant technical requirements of the Tractor Type Approval Directive, and the expression shall include multi-stage EC type-approval;
“EC type-approval authority” means the authority in a Member State which is responsible for all aspects of the approval of a type of vehicle, system, component or separate technical unit, and which issues and, where appropriate, withdraws EC type-approvals, serves as the contact point for the EC type-approval authorities and checks the measures taken by the manufacturer in order to ensure product conformity;
“EC type-approval certificate” means a certificate in one of the forms in Annex II , Chapter C of the Tractor Type Approval Directive, or the corresponding annex to a separate directive;
“ ECE Regulation” means a Regulation annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 2nd March 1958 to which the United Kingdom is a party as revised and re-titled the Agreement Concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be fitted and/or be used on Wheeled vehicles and the Conditions for Reciprocal recognition of Approvals granted on the basis of these Prescriptions by an agreement at Geneva on 5th October 1995 which revised Agreement was acceded to by the European Community by a Council Decision of 27th November 1997 ;
“interchangeable machinery” means any instrument which may be used in agriculture or forestry and which is designed or adapted for the purpose of being towed by a tractor and will when in use change or add to the tractor’s functions;
“multi-stage EC type-approval” is the procedure whereby one or more EC type-approval authorities certify that an incomplete or completed vehicle type has satisfied the relevant technical requirements of the Tractor Type Approval Directive;
“separate directive” means a directive listed in Annex II, Chapter B of the Tractor Type Approval Directive;
“separate technical unit” means a device which is subject to the requirements of a separate directive, which is intended to be part of a vehicle, and may be type approved separately but only in relation to one or more specified types of vehicle, where the separate directive makes express provision for so doing;
“system” means a set of devices combined to form a specific function in a vehicle;
“the Tractor Type Approval Directive” means Directive 2003/37/EC of the European Parliament and of the Council of 26th May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/ EEC as read with Council Directive 2004/66/EC ;
“tractor” means any motorised, wheeled or tracked agricultural or forestry tractor having at least two axles and a maximum design speed of not less than 6 kilometres per hour, whose main function is tractive power, and is designed to perform the pulling, pushing, carrying and actuating of interchangeable equipment associated with agricultural or forestry work, or to tow agricultural or forestry trailers, although it may be adapted either to carry a load in connection with that work or be equipped with passenger seats or both;
“trailer” means any towed agricultural or forestry trailer constructed or adapted to carry loads and designed to be towed by a tractor for the purposes of agricultural or forestry work whether or not part of the load is carried by the tractor;
“type” in relation to vehicle means vehicles of a vehicle category which do not differ in the essential respects referred to, and within the permissible variants and versions set out in, Annex II Chapter A of the Tractor Type Approval Directive;
“vehicle” means any tractor, trailer or interchangeable towed machinery whether complete, incomplete or completed, which is constructed or adapted for the use of agriculture, horticulture or forestry and which has a maximum design speed of not less than 6 kilometres per hour; and
“vehicle category” means any set of vehicles which have identical design characteristics and which is defined in Annex II Chapter A of the Tractor Type Approval Directive.
2
For the purposes of the Tractor Type Approval Directive the EC type-approval authority in the United Kingdom is the Secretary of State who is referred to in these Regulations as the “ UK type-approval authority”.
3
Other expressions used in these Regulations and which are also used in the Tractor Type Approval Directive shall have the same meaning as in that Directive and cognate expressions shall be construed accordingly.
4
For the purposes of regulation 5(1) compliance with a technical requirement under an ECE Regulation shall be deemed to be equivalent to compliance with a technical requirement under the relevant separate directive if that ECE Regulation has been deemed equivalent by the operation of article 12(2) and (3) of the Tractor Type Approval Directive.
Application of the Regulations
3
These Regulations shall apply to any vehicle or component, other than —
a
a vehicle which has undergone a procedure whereby the vehicle has obtained certification that it has satisfied any national requirements applicable in the United Kingdom on an individual basis;
b
machinery that has been specially designed for forestry use, such as skidders and forwarders as defined in the International Standards Order ;
c
forestry machinery based on a chassis for earthmoving equipment as defined in the International Standards Order ;
d
interchangeable machinery that is fully raised from the ground when the tractor to which it is attached is in use on a road; and
e
a vehicle belonging to vehicle category T1, T2 or T3 where the sale or entry into service of that type of vehicle was permitted in the European Community before the coming into force of these Regulations.
Application for EC type-approval certificate
4
1
An application for EC type-approval for a vehicle, system, component or separate technical unit to which these Regulations apply shall be made to the UK type-approval authority by the manufacturer.
2
An application under paragraph (1) shall be in accordance with those requirements in the Tractor Type Approval Directive that are applicable in the circumstances of the case, which includes the use of the appropriate form in Annex I to that Directive, or the corresponding annex to a separate directive, and the supply of any data, drawings, photographs or other documents which are stipulated as required in Annex I to that Directive, or the corresponding annex to a separate directive.
3
Documentation supplied under paragraph (2) shall be made available to the UK type-approval authority until EC type-approval is granted or refused.
Grant or refusal of application
5
1
Without prejudice to paragraph (2), the UK type-approval authority shall, when it has considered the application made under regulation 4 and is satisfied that it conforms with the provisions of article 4(1) of the Tractor Type Approval Directive, grant or amend EC type-approval to the type of a vehicle, system, component or separate technical unit, and issue the appropriate EC type approval certificate.
2
The UK type-approval authority may refuse to grant EC type-approval if it considers the vehicle is a serious risk to —
a
road safety,
b
the environment, or
c
the health and safety at work of any person.
3
Where in accordance with paragraphs (1) and (2) the UK type-approval authority decides to refuse an application for EC type-approval certificate it shall give notice of its decision to the applicant.
4
The grant or amendment of EC type-approval to a system, component or separate technical unit under paragraph (1) may include restrictions on use or conditions for fitting, and such restrictions on use or conditions shall be clearly marked on the EC type-approval certificate.
Issue of certificate of conformity
6
1
The holder of an EC type-approval certificate which has been issued under regulation 5 shall issue a certificate of conformity, in a form which is compatible with the specimen forms in Annex III of the Tractor Type Approval Directive, that certifies that any vehicle for which he has responsibility for conformity of production as manufacturer or assembler has been approved according to that Directive as complying with all the applicable regulatory instruments.
2
The certificate issued under regulation (1) shall state whether the vehicle may be registered and put into service in the United Kingdom without requiring any further approvals.
3
The holder of an EC type-approval certificate which has been issued under regulation 5 for a system, component or separate technical unit shall, if the separate directives so provide, affix to each component or separate technical unit manufactured in conformity with the approved type a mark or number which identifies the relevant EC type-approval certificate and the place where that certificate can be inspected.
Grant of first licence, sale and entry into service
7
1
Subject to regulation 8, where a person applies on or after the coming into force of these Regulations for a licence or nil licence under the Vehicle and Excise Registration Act 1994 for a vehicle which comes within the vehicle category T1, T2 and T3 and to which these Regulations apply, and no licence or nil licence has previously been granted under that Act for that vehicle, the Secretary of State shall not grant the licence or nil licence unless —
a
it is shown that a certificate of conformity has effect with respect to the vehicle, or
b
the application is made before 1st July 2009 and the vehicle belongs to the same type as a vehicle used before 1st July 2005.
2
Where by virtue of paragraph (1) the Secretary of State refuses to grant a licence or nil licence for a vehicle, he shall give notice of his decision to the applicant.
3
Where a mark or number which identifies the EC type-approval certificate has been affixed in accordance with regulation 6(3) for a system, component or separate technical unit, that system, component or separate technical unit shall not be prohibited from sale or entry into service on a ground relating to its construction or functioning.
Exemptions
8
1
Regulation 7 shall not apply in the case of any vehicle:
a
used for police or fire-fighting purposes;
b
used by or under the control of Her Majesty’s forces;
c
used in the service of a visiting force;
d
used by a local authority in the discharge of any function conferred on or exercisable by that authority under regulations made under the Civil Defence Act 1948 ; or
e
exempted by the UK type-approval authority, following a request by the manufacturer or assembler, provided that the criteria set out in articles 9 (small series) and 10 (end of series) of the Tractor Type Approval Directive are met.
2
Regulation 7(1) and (2) shall not apply in the case of any vehicle, which has been granted EC type-approval by the UK type-approval authority in accordance with article 11 (incompatibility of vehicles, systems, components or separate technical units) of the Tractor Type Approval Directive.
Withdrawal of EC type approval
9
1
The UK type-approval authority may withdraw an EC type-approval certificate granted by it in respect of a type of vehicle system, component or separate technical unit by giving notice to the holder if —
a
two or more vehicles, systems, components or separate technical units, as the case may be, have been examined by the UK type-approval authority or on its behalf, and
b
it is satisfied that that has been a failure to conform to the approved type in respect of at least two of the vehicles or systems or components or separate technical units.
2
Where a mark or number which identifies the EC type-approval certificate has not been affixed in accordance with regulation 6(3) the UK type-approval authority shall be satisfied that there has been a failure to conform to the approved type.
3
Before withdrawing an EC type-approval certificate under paragraph (1), the UK type-approval authority shall give the holder notice in writing —
a
stating that it is considering withdrawing the approval, and
b
giving particulars of the grounds on which it is considering withdrawing the approval.
4
Where notice is given under paragraph (2) the person to whom it is given may within 28 days of receipt of the notice make written representations to the UK type-approval authority.
5
The decision to withdraw shall not be made until the 28 day period for making representations has expired and the UK type-approval authority shall take into account any representations made under paragraph (3) before deciding whether or not to withdraw the approval.
Forgery and deception
10
1
A person who with intent to deceive —
a
forges, alters or uses an EC type-approval certificate or a certificate of conformity, or
b
lends an EC type-approval certificate or a certificate of conformity to another person, or
c
allows an EC type-approval certificate or a certificate of conformity to be used by another person, or
d
makes any document which resembles an EC type-approval certificate or a certificate of conformity, or
e
has in his possession any document which resembles an EC type-approval certificate or a certificate of conformity,
shall be guilty of an offence.
2
A person who commits an offence under paragraph (1) shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum, or
b
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or both.
False statements and documents
11
A person who, in supplying information or producing documents for the purposes of these Regulations —
a
makes a statement which he knows to be false in a material particular, or
b
recklessly makes a statement which is false in a material particular, or
c
produces, provides, sends or otherwise makes use of a document which is false in a material particular,
shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Review of Decisions
12
1
Where the UK type-approval authority has given notice of a decision to a person under regulations 5(3) or 9(1), it shall at the same time state in writing —
a
the grounds upon which that decision is based, and
b
that the person to whom the decision is directed may, in writing and within 28 days of its receipt, request the Secretary of State to review the decision.
2
On a review under this regulation the Secretary of State may —
a
hold an inquiry in connection with this review, and
b
appoint an assessor for the purposes of assisting him with the review or any such inquiry.
3
Section 180 of the Road Traffic Act 1988 shall apply to an inquiry under this regulation as it applies to an inquiry under that Act.
Notices
13
Any notice under these Regulations shall be in writing and may be sent by post.
Amendments
14
Section 64A(1) of the Road Traffic Act 1988 shall be amended so that after “motorcycle type approval Directive” there is inserted “or tractor type approval Directive”.
Signed by the authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
24th February 2005


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Railways (Convention on International Carriage by Rail) Regulations 2005 and shall come into force on the date, specified in the London, Edinburgh and Belfast Gazettes, on which the Protocol enters into force in respect of the United Kingdom.
Interpretation
2
1
In these Regulations —
a
except where the context otherwise requires a reference to an Article is a reference to the Article so numbered in the Convention and a reference to a paragraph of an Article shall be construed accordingly; and
b
an expression used in these Regulations and in the Convention has the same meaning as in the Convention.
2
In these Regulations —
“the 1933 Act ” means the Foreign Judgments (Reciprocal Enforcement) Act 1933 ;
“the 1976 Act ” means the Fatal Accidents Act 1976 ;
“the committees” means any of the following —
the Revision Committee as described in Article 17;
the RID Expert Committee as described in Article 18; and
the Committee of Technical Experts as described in Article 20;
“the Convention” means the version of the “Convention concerning International Carriage by Rail ( COTIF ) of 9th May 1980” as set out after Article 7 of the Protocol and forming an integral part of the Protocol and comprising —
the Convention itself;
the Protocol on the Privileges and Immunities of the Intergovernmental Organisation for International Carriage by Rail referred to in paragraph 4 of Article 1; and
Appendices A to G to the Convention, including the Annexes to Appendices C and F;
as modified in accordance with its provisions from time to time by a decision of one of the committees under paragraph 4, 5 or 6 of Article 33, as the case may be, whether such modification occurs before or after the coming into force of these Regulations; and
“the Protocol” means the Protocol signed at Vilnius on 3rd June 1999 to modify the “Convention concerning International Carriage by Rail (COTIF) of 9th May 1980” .
Convention to have the force of law
3
1
The Convention shall have the force of law in the United Kingdom, and judicial notice shall be taken of it.
2
For the avoidance of doubt any question arising as to whether the Convention applies in the circumstances of a particular case falls to be determined in accordance with the provisions of paragraph 2 of Article 3.
Publication of information concerning the Convention
4
The Secretary of State shall publish in such manner as he thinks fit information concerning —
a
any change to the list of parties to the Convention;
b
any declaration, objection or reservation by a party to the Convention;
c
the suspension of part of the Convention in relation to a party; and
d
any modification to the Convention.
Fatal accidents
5
1
Where by virtue of the Convention any person has a right of action in respect of the death of a passenger by reason of his being a person whom the passenger was under a legal duty to maintain —
a
subject to paragraph (2), no action in respect of the passenger’s death shall be brought for the benefit of that person under the 1976 Act, but
b
nothing in section 2(3) of that Act (not more than one action in respect of the same subject matter of complaint) shall prevent an action being brought under that Act for the benefit of any other person.
2
Nothing in paragraph (1)(a) affects the right of any person to claim damages for bereavement under section 1A of the 1976 Act .
3
Section 4 of the 1976 Act (exclusion of certain benefits in assessment of damages) shall apply in relation to an action brought by any person under the Convention as it applies in relation to an action under that Act.
4
Where separate proceedings are brought under the Convention and under the 1976 Act in respect of the death of a passenger, a court, in awarding damages under that Act, shall take into account any damages awarded in the proceedings brought under the Convention and shall have jurisdiction to make any part of its award conditional on the result of those proceedings.
5
In the application of this regulation to Northern Ireland references to the 1976 Act and to sections 1A, 2(3) and 4 of that Act shall be construed as references to the Fatal Accidents (Northern Ireland) Order 1977 and Articles 3A, 4(3) and 6 of that Order.
6
The provisions of Schedule 1 to these Regulations shall, as respects Scotland, have effect in lieu of paragraphs (1) to (5).
Power of court to take account of other proceedings
6
1
A court before which proceedings are brought to enforce a liability which is limited by any of the provisions of the Convention may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of those provisions and of any other proceedings which have been, or are likely to be, commenced in the United Kingdom or elsewhere to enforce the liability in whole or in part.
2
Without prejudice to paragraph (1), a court before which proceedings are brought to enforce a liability which is so limited shall, where the liability is or may be partly enforceable in other proceedings in the United Kingdom or elsewhere, have jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court, or to make any part of its award conditional on the result of any other proceedings.
Conversion of special drawing rights into sterling
7
1
The special drawing rights by reference to which any liability is limited by the Convention shall, in the case of judicial proceedings or an arbitration in the United Kingdom, be converted into their sterling equivalent on the day of the judgment or award or on such day as may be agreed between the parties to the judicial proceedings or arbitration.
2
For the purposes of this regulation the value on a particular day of a special drawing right shall be treated as equal to such sum in sterling as the International Monetary Fund have fixed as being the equivalent of one special drawing right —
a
for that day; or
b
if no sum has been fixed for that day, for the last day before that day for which a sum has been so fixed.
Enforcement of judgments
8
1
Subject to paragraph (2), Part I of the 1933 Act shall apply, whether or not it would otherwise have applied, to any judgment which —
a
has been pronounced as mentioned in paragraph 1 of Article 12 by a court or tribunal in a State which is a party to the Convention for the time being, other than the United Kingdom; and
b
has become enforceable under the law applied by that court or tribunal.
2
In the application of Part I of the 1933 Act in relation to any such judgment section 4 of that Act shall have effect with the omission of subsections (2) and (3).
3
The registration, in accordance with Part I of the 1933 Act, of any such judgment shall constitute compliance with the required formalities referred to in paragraph 1 of Article 12.
Repeals and revocations and consequential amendments
9
1
Schedule 2 (repeals and revocations) shall have effect.
2
Schedule 3 (consequential amendments) shall have effect.
3
Nothing in regulation 3 affects any rights or liabilities arising out of an occurrence before its coming into force and paragraphs (1) and (2) above do not affect any enactment in its application to any such rights or liabilities.
Signed by authority of the Secretary of State for Transport
Derek Twigg
Parliamentary Under Secretary of State
Department for Transport
26th July 2005


text:
Citation and commencement
1
These Regulations may be cited as the Contracting-out, Protected Rights and Safeguarded Rights (Transfer Payment) Amendment Regulations 2005 and shall come into force on 6th April 2005.
Amendment of the Contracting-out (Transfer and Transfer Payment) Regulations 1996
2
1
The Contracting-out (Transfer and Transfer Payment) Regulations 1996 shall be amended in accordance with this regulation.
2
In regulation 6 (transfer payments in respect of guaranteed minimum pensions to overseas schemes) —
a
after “an overseas scheme” insert “or an overseas arrangement”;
b
in paragraph (b) for “the earner” to “applies” substitute “, where the receiving scheme is an occupational pension scheme, the earner is in employment to which the receiving scheme applies”;
c
in paragraph (d) insert “or arrangement” —
i
after “scheme” where that word first appears; and
ii
after “receiving scheme”; and
d
in paragraph (e) insert “or arrangement” after “receiving scheme”.
3
In regulation 11 (transfer payments to overseas schemes or arrangements in respect of section 9(2B) rights) in paragraph (b) —
a
omit from “the earner” to “and”; and
b
for “that he” substitute “the earner”.
Amendment of the Protected Rights (Transfer Payment) Regulations 1996
3
1
The Protected Rights (Transfer Payment) Regulations 1996 shall be amended in accordance with this regulation.
2
In regulation 1(2) (interpretation) after the definition of ““money purchase contracted-out scheme”” insert —
“overseas arrangement” means a scheme or arrangement, other than an occupational pension scheme, which —
has effect, or is capable of having effect, so as to provide benefits on termination of employment or on death or retirement to, or in respect of, earners;
is not an appropriate personal pension scheme; and
is administered wholly or primarily outside the United Kingdom;
.
3
In regulation 5 (transfer payments to overseas schemes) in paragraph (b) for “the member” to “applies” substitute “, where the receiving scheme is an occupational pension scheme, the member is in employment to which the receiving scheme applies”.
Amendment of the Pension Sharing (Pension Credit Benefit) Regulations 2000
4
1
The Pension Sharing (Pension Credit Benefit) Regulations 2000 shall be amended in accordance with this regulation.
2
In regulation 19 (transfer payments to overseas schemes or overseas arrangements) in paragraph (b) —
a
omit from “the person” to “and”; and
b
for “that he” substitute “the person with pension credit rights”.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
7th March 2005


text:
PART I
PRELIMINARY
Title, application and commencement
1
These Regulations may be cited as the Fishery Products (Official Controls Charges) (England) Regulations 2005, apply in relation to England only and come into force on 1st January 2006.
Interpretation
2
1
In these Regulations —
“chilled” means cooled to a temperature approaching that of melting ice;
“competent authority” means the authority designated under regulation 4 of the Food Hygiene (England) Regulations 2005 ;
“Directive 2004/41”, “Regulation 178/2002”, “Regulation 1642/2003”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004” and “Regulation 1688/2005” have the meanings respectively given to them in the Schedule;
“ EEA State” means a member State, Norway, Iceland or Liechtenstein;
“employers' National Insurance contributions” means those social security contributions for which employers are liable under Part I of the Social Security Contributions and Benefits Act 1992 ;
“establishment” has the meaning given to it in paragraph 1(c) of Article 2 of Regulation 852/2004;
“factory vessel” and “fishery products” have the meanings respectively given to them in points 3.2 and 3.1 of Annex I to Regulation 853/2004;
“food authority” has the meaning that it bears by virtue of section 5(1) of the Food Safety Act 1990 , except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of that Act (which deals with the Inner Temple and Middle Temple);
“imported” means introduced into England other than from another part of the British Islands;
“official controls” shall be construed in accordance with the definition of the term “official control” in paragraph 1 of Article 2 of Regulation 882/2004;
“placing on the market” has the meaning given to it in paragraph 8 of Article 3 of Regulation 178/2002;
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act;
“processing” has the meaning given to it in paragraph 1(m) of Article 2 of Regulation 852/2004;
“processing establishment” means an establishment at which processing occurs;
“relevant fishery products” means imported fishery products which —
originate in a third country;
were caught in their natural environment;
have not been on land prior to their proposed importation, or had not been on land prior to their importation, into an EEA State or Greenland;
are or will be landed in England; and
are intended for placing on the market for human consumption;
“relevant food authority” means the food authority in whose area circumstances giving rise to an obligation under these Regulations to pay a charge to that authority arise;
“relevant landed fishery products” means fishery products which —
were caught in their natural environment;
have not or had not been on land prior to being landed;
are or will be landed in England; and
are intended for placing on the market for human consumption,
other than relevant fishery products being sold for the first time in England and third country imports;
“specified pelagic fish” means —
herring of the species Clupea harengus ;
sardines of the species Sardinia pilchardus ;
mackerel of the species Scomber scombrus or Scomber japonicus ;
horse mackerel;
anchovies; and
picarels of the species Maena smaris ;
“third country”, except in the expression “third country import”, means any country or territory, other than Greenland, which does not comprise the whole or part of an EEA State;
“third country import” means an import in respect of which a charge is payable under regulation 52(1) of the Products of Animal Origin (Third Country Imports) (England) (No. 4) Regulations 2004 ; and
“vendor” means —
where an agent sells fishery products on behalf of the owner or master of a vessel, that agent; and
in any other case, the owner or master of the vessel.
2
Any reference in these Regulations to a food authority includes a reference to a port health authority and in the context of such a reference any reference to a food authority’s area includes a reference to a port health authority’s district.
Actual costs
3
1
For the purposes of these Regulations, the actual costs of exercising official controls are the aggregate of costs of the types specified in paragraph (2) directly incurred in the exercise of the official controls required under Annex III to Regulation 854/2004.
2
The types of costs are —
a
the salaries and fees, including overtime payments and employers' pension and National Insurance contributions, of all staff directly involved in the exercise of the controls and of all staff engaged in the management or administration of the controls;
b
the costs of in–service training for staff directly involved in the exercise of the controls;
c
travelling costs and related incidental expenses incurred in exercising the controls, except those incurred by a person attending his normal place of work;
d
the costs of office accommodation, equipment and services for staff involved in exercising the controls, including depreciation of any office furniture and equipment and the cost of information technology, stationery and forms;
e
the costs of protective clothing and equipment used in exercising the controls;
f
the costs of laundering protective clothing used in exercising the controls;
g
sampling and analysis costs incurred in exercising the controls; and
h
the routine administrative costs of accounting and collecting charges and of providing pay–roll and personnel services in connection with the employment of staff exercising the controls.
Sterling equivalents of Euro
4
1
Any reference in these Regulations to a specified number of Euros shall be deemed to be a reference to the sterling equivalent of that number calculated in accordance with paragraph (2).
2
The sterling equivalent of a specified number of Euros shall be calculated by multiplying that number by the Euro/sterling conversion rate specified in paragraph (3).
3
The Euro/Sterling conversion rate shall be —
a
for 2006, 1 Euro = £0.68335; and
b
in each subsequent year, the rate published in the C Series of the Official Journal of the European Communities on the first working day of the September of the preceding year or, if no rate is published in it on that day, the first rate published in it thereafter.
Account period
5
1
For the purposes of these Regulations, the account period shall be one month or such longer period not exceeding twelve months as is determined by the relevant food authority.
2
The account period shall be determined with a view to reducing to a reasonable amount, in comparison with the charges which are expected to fall due, the costs of —
a
making returns; and
b
collecting charges.
Recovery of charges
6
Where a duty to pay a charge under these Regulations is imposed on either of two persons the authority to which the charge is payable may recover it —
a
jointly from both of them; or
b
separately from either of them.
Calculation, payment and repayment of charges
7
1
Where the relevant food authority or the competent authority becomes aware that a charge is due to it under these Regulations it shall —
a
calculate the amount of the charge having regard to the information in its possession; and
b
give notice of the amount so calculated to any person from whom it may be collected.
2
If the relevant food authority or the competent authority is satisfied that a calculation made under paragraph (1) is incorrect, it shall recalculate the charge and —
a
where the correct amount is more than the amount calculated under paragraph (1), it shall recover the higher amount in accordance with that paragraph;
b
where the correct amount is less than the amount calculated under that paragraph and that amount has not been recovered, it shall recover the lesser amount in accordance with that paragraph; and
c
where no charge is payable or the charge payable is less than the amount calculated under that paragraph, and that amount has been recovered, it shall repay the difference.
Appeals
8
1
A person may appeal against any decision of the relevant food authority or the competent authority imposing a charge under these Regulations.
2
The appeal shall be heard by a magistrates' court and section 37(3), (5) and (6) of the Food Safety Act 1990 shall apply in relation to such an appeal as it applies in relation to an appeal under section 37(1)(c) of that Act.
3
On any such appeal, the court may —
a
confirm the decision of the authority concerned;
b
determine any charge which is payable under these Regulations and, in particular, may reduce the amount of any charge by 55% where the authority concerned is required to make that reduction under regulation 11, 14, 18 or 22 but has not done so; or
c
determine that no charge is payable.
4
Pending the outcome of the appeal the original amount of the charge shall remain payable, but if after the court’s decision the amount of the charge needs to be recalculated, the new amount of the charge shall have effect from the date on which the original charge was made and the sum equal to that new amount shall be payable to the authority concerned.
5
If the court determines that the amount of any charge imposed under these Regulations is less than the amount which any person has paid to an authority in respect of it, the overpayment shall be reimbursed by that authority.
Charges payable to more than one food authority
9
In any case where the exercise of official controls is deferred and the food authority responsible for the exercise of official controls on vessels and on conditions of landing (“authority A”), or the food authority responsible for the exercise of the official controls required under Chapter II of Annex III to Regulation 854/2004 (“authority B”), is not the relevant food authority to which a charge is required to be paid under these Regulations (“authority C”), authority C shall remit —
a
to authority A, a sum equal to any amount received by authority C which is referable to official controls exercised by authority A; and
b
to authority B, a sum equal to any amount received by authority C which is referable to official controls exercised by authority B.
PART II
OFFICIAL CONTROLS CHARGES OTHER THAN CHARGES FOR DIRECT LANDINGS FROM THIRD COUNTRY VESSELS AND FOR THIRD COUNTRY IMPORTS
General landings charge
10
1
The first sale in England of relevant landed fishery products shall be a chargeable transaction for the purposes of this Part.
2
Where there is a chargeable transaction, the vendor shall include in the price which he charges the purchaser an amount equal to the charge referred to in this Part as “the general landings charge”.
3
Subject to paragraph (4) and regulation 11, the amount of the general landings charge shall be a contribution in respect of the expenditure incurred in exercising the official controls required under Chapter II of Annex III to Regulation 854/2004 of 1 Euro per tonne for the first 50 tonnes of relevant landed fishery products and 0.5 Euro per tonne for each additional tonne of such products.
4
Where the actual costs attributable to the exercise of official controls in relation to an unloaded consignment of specified pelagic fish do not exceed 50 Euros, the general landings charge in respect of that consignment shall not exceed that amount.
5
The vendor shall pay the general landings charge to the relevant food authority.
Reduction of the general landings charge
11
The relevant food authority to which a charge is payable under regulation 10(5) shall reduce that charge by 55% where any of the official controls required under Chapter II of Annex III to Regulation 854/2004 are facilitated on the basis that —
a
the fish are graded for freshness or size in accordance with relevant national or Community rules; or
b
the first sale transactions are grouped together.
Collection and remittance of charges relating to general landings
12
1
Within 7 days of the end of each account period in which a vendor enters into a chargeable transaction, he shall make a written return in respect of that transaction to the relevant food authority to which the general landings charge is payable.
2
The return shall give information which relates to the chargeable transaction entered into during that account period or, if there has been more than one such transaction, information in respect of the aggregate of the transactions.
3
A return made under this regulation shall include the following information —
a
the account period to which the return relates;
b
the place of landing and first sale of the fishery products to which it relates; and
c
for landings of fishery products other than specified pelagic fish —
i
the name of each vessel and the number of consignments landed from it,
ii
the aggregate weight of consignments landed by each vessel which do not exceed 50 tonnes and the first 50 tonnes of consignments the weight of which exceeds that amount, and
iii
the aggregate weight of consignments less the weight calculated under paragraph (ii);
d
for landings of specified pelagic fish —
i
the name of each vessel and the number of consignments landed from it, and
ii
the aggregate weight of consignments landed by each vessel which do not exceed 50 tonnes and the first 50 tonnes of consignments the weight of which exceeds that amount;
e
the amount of any reduction under regulation 11 which has been made in respect of —
i
consignments of fish consisting only of fish other than specified pelagic fish, and
ii
consignments of specified pelagic fish only,
specifying under which of paragraph (a) or (b) of that regulation that reduction has been made; and
f
the amount of the general landings charge.
4
During the period of 1 year beginning on the day on which a vendor makes a return under this regulation —
a
the relevant food authority to which it was made may require the vendor to provide separate information of the kind required by paragraph (3) in respect of each transaction included in it; and
b
the vendor shall retain records which are sufficient to enable him to supply any such information.
Charge for fishery products landed from factory vessels
13
1
Subject to paragraph (2), by way of contribution in respect of the expenditure incurred by the relevant food authority in exercising the official controls required under Annex III to Regulation 854/2004 in respect of a factory vessel, the owner or master of the vessel shall pay to that authority 1 Euro per tonne of fishery products which is landed.
2
The charge payable under paragraph (1) shall be payable in addition to the charge payable under regulation 10(5) but shall not apply in relation to third country imports or relevant fishery products which are sold for the first time in England.
Reduction of the charge in respect of products landed from factory vessels
14
The relevant food authority to which a charge is payable under regulation 13(1) shall reduce that charge by 55% where —
a
first sale and preparation or processing is carried out on the same factory vessel; or
b
operating conditions on a factory vessel, and guarantees as to the ship’s own checks, are such that inspection staff requirements can be reduced.
Collection and remittance of the factory vessel charge
15
1
Within 7 days of the end of each account period in which fishery products in respect of which a charge is payable under regulation 13(1) have been landed from a factory vessel, the owner or master of the vessel who is responsible for paying that charge shall make a written return in respect of it to the relevant food authority to which it is payable.
2
The return shall give information which relates to the landing of fishery products from a factory vessel during that account period or, if there has been more than one such landing, information in respect of the aggregate of them.
3
A return made under this regulation shall include the following information —
a
the account period to which the return relates;
b
the name of each factory vessel from which fishery products are landed and each place of landing;
c
the number of landings during that account period;
d
the weight of the fishery products landed;
e
the amount of any reduction made under regulation 14, specifying under which of paragraph (a) or (b) of that regulation that reduction has been made; and
f
the amount of the charge payable under regulation 13(1).
4
During the period of 1 year beginning on the day on which an owner or master makes a return under this regulation —
a
the relevant food authority to which the return was made may require him to provide separate information of the kind required by paragraph (3) in respect of each landing included in it; and
b
he shall retain records which are sufficient to enable him to supply any such information.
Charge in respect of factory vessels abroad
16
In respect of the expenditure incurred by the competent authority in exercising the official controls required under paragraphs 2(c) and (3)(a) (insofar as they apply in relation to factory vessels) and 3(b) of Chapter I of Annex III to Regulation 854/2004, the owner or master of a factory vessel shall pay to that authority the actual costs of the official controls.
Charge in respect of preparation or processing establishments
17
By way of contribution in respect of the expenditure incurred by the relevant food authority in exercising the official controls required under Annex III to Regulation 854/2004 in respect of a preparation or processing establishment, the proprietor or operator of the establishment shall pay to that authority 1 Euro per tonne of fishery products entering that establishment.
Reduction of the charge in respect of preparation or processing establishments
18
The relevant food authority to which a charge is payable under regulation 17 shall reduce that charge by 55% where preparation or processing is carried out —
a
on the same site as the first sale; or
b
in an establishment in which operating conditions and guarantees as to the establishment’s own checks are such that inspection staff requirements can be reduced.
Collection and remittance of charges relating to preparation or processing establishments
19
1
Within 7 days of the end of each account period in which fishery products have entered a preparation or processing establishment, the proprietor or operator who is responsible for paying the charge under regulation 17 relating to that establishment shall make a written return in respect of that charge to the relevant food authority to which it is payable.
2
The return shall give information which relates to the fishery products which have entered that establishment during that account period.
3
A return made under this regulation shall include the following information —
a
the account period to which the return relates;
b
the weight of the fishery products entering the establishment;
c
the amount of any reduction made under regulation 18, specifying under which of paragraph (a) or (b) of that regulation that reduction has been made; and
d
the amount of the charge payable under regulation 17.
4
During the period of one year beginning on the day on which a proprietor or operator makes a return under this regulation —
a
the relevant food authority to which the return was made may require him to provide separate information of the kind required by paragraph (3) in respect of each batch of fishery products included in it; and
b
he shall retain records which are sufficient to enable him to supply any such information.
Charges in respect of other establishments
20
In respect of the expenditure incurred by the relevant food authority in carrying out a programmed inspection for the purposes of the official controls required under Annex III to Regulation 854/2004, the proprietor of an establishment in which fishery products are only chilled, frozen, packaged or stored shall pay to that authority the actual costs of that programmed inspection.
PART III
OFFICIAL CONTROLS CHARGES FOR DIRECT LANDINGS FROM THIRD COUNTRY VESSELS
Charge in respect of official checks on third country direct landings
21
1
When any relevant fishery products are sold for the first time in England (referred to in this Part as a “chargeable transaction”), the vendor shall include in the price which the purchaser is required to pay for them an amount equal to the charge referred to in this Part as “the third country direct landings charge”.
2
Subject to regulation 22, the amount of the third country direct landings charge shall be —
a
in respect of the expenditure incurred in exercising the official controls required under Chapter II of Annex III to Regulation 854/2004, 1 Euro per tonne of relevant fishery products for the first 50 tonnes and 0.5 Euro per tonne for each additional tonne of such products, except that where the actual costs attributable to the exercise of the official controls in relation to an unloaded consignment of specified pelagic fish do not exceed 50 Euros, the third country direct landings charge in respect of that consignment shall not exceed that amount; and
b
in respect of the expenditure incurred in exercising official controls on vessels and on conditions of landing, 1 Euro per tonne.
3
The vendor shall pay the third country direct landings charge to the relevant food authority.
Reduction of the third country direct landings charge
22
The relevant food authority to which a charge is payable under regulation 21(3) shall reduce by 55% the part of the third country direct landings charge which is calculated in accordance with regulation 21(2)(a) where any of the official controls required under Chapter II of Annex III to Regulation 854/2004 are facilitated on the basis that —
a
the fish are graded for freshness and/or size in accordance with relevant national or Community rules; or
b
the first sale transactions are grouped together.
Collection and remittance arrangements
23
1
A vendor who has entered into a chargeable transaction shall within 7 days of the end of the account period during which the chargeable transaction took place make a return in respect of it to the relevant food authority to which the third country direct landings charge is payable or, if there has been more than one such transaction, information in respect of the aggregate of the transactions.
2
The vendor shall include in that return the following information —
a
the account period to which the return relates;
b
the place of landing and first sale of the fishery products to which it relates;
c
for landings of fishery products other than specified pelagic fish —
i
the name of each vessel and the number of consignments landed from it,
ii
the aggregate weight of consignments landed by each vessel which do not exceed 50 tonnes and the first 50 tonnes of consignments the weight of which exceeds that amount, and
iii
the aggregate weight of consignments less the weight calculated under paragraph (ii);
d
for landings of specified pelagic fish —
i
the name of each vessel and the number of consignments landed from it, and
ii
the aggregate weight of consignments landed by each vessel which do not exceed 50 tonnes and the first 50 tonnes of consignments the weight of which exceeds that amount;
e
the amount of any reduction made under regulation 22 in respect of —
i
consignments of fish consisting only of fish other than specified pelagic fish, and
ii
consignments of specified pelagic fish only,
specifying under which of paragraph (a) or (b) of that regulation that reduction has been made; and
f
the amount of the third country direct landings charge.
3
The vendor shall, in addition to the information required under paragraph (2), include in the return information on —
a
the total weight of all fishery products landed, including specified pelagic fish; and
b
the amount of the charge in respect of those products.
Signed by authority of the Secretary of State for Health
Caroline Flint
Parliamentary Under Secretary of State,
Department of Health
24th October 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Internal Controls) Regulations 2005 and shall come into force on 30th December 2005.
2
In these Regulations “ the Act ” means the Pensions Act 2004.
Amendment of the Act
2
After section 249 of the Act (requirement for knowledge and understanding: supplementary) insert —
Requirement for internal controls
249A
1
The trustees or managers of an occupational pension scheme must establish and operate internal controls which are adequate for the purpose of securing that the scheme is administered and managed —
a
in accordance with the scheme rules, and
b
in accordance with the requirements of the law.
2
Nothing in this section affects any other obligation of the trustees or managers of an occupational pension scheme to establish or operate internal controls, whether imposed by or by virtue of any enactment, the scheme rules or otherwise.
3
This section does not apply in relation to —
a
a scheme which —
i
is established by or under an enactment (including a local Act), and
ii
is guaranteed by a public authority;
b
a pay-as-you-go scheme;
c
a scheme which is made under section 2 of the Parliamentary and other Pensions Act 1987 (c. 45) (power to provide for pensions for Members of the House of Commons etc. ) .
4
But subsection (3) does not disapply this section in relation to any scheme the trustees or managers of which are —
a
authorised under section 288 (general authorisation to accept contributions from European employers), or
b
approved under section 289 in relation to a European employer.
5
In this section —
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
“internal controls” means —
arrangements and procedures to be followed in the administration and management of the scheme,
systems and arrangements for monitoring that administration and management, and
arrangements and procedures to be followed for the safe custody and security of the assets of the scheme;
“local authority” means —
in relation to England, a county council, a district council, a London borough council, the Greater London Authority, the Common Council of the City of London in its capacity as a local authority or the Council of the Isles of Scilly,
in relation to Wales, a county council or county borough council,
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) (constitution of councils),
an administering authority as defined in Schedule 1 to the Local Government Pension Scheme Regulations 1997 ( S.I. 1997/1612 ) (interpretation);
“pay-as-you-go scheme” means an occupational pension scheme under which there is no requirement for assets to be set aside in advance for the purpose of providing benefits under the scheme (disregarding any requirements relating to additional voluntary contributions);
“public authority” means —
a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975 (c. 26) ),
a government department (including any body or authority exercising statutory functions on behalf of the Crown),
the Scottish Ministers,
the National Assembly for Wales, or
a local authority.
.
Codes of Practice
3
The discharge of the duty imposed by section 249A(1) of the Act is a prescribed matter for the purposes of section 90(2)(k) of that Act (codes of practice).
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
8th December 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Victims of Violent Intentional Crime (Arrangements for Compensation) (European Communities) Regulations 2005 and shall come into force on 1 st January 2006.
2
In these Regulations —
“application for compensation” means an application for compensation made in connection with a violent intentional crime committed in a Member State other than the Member State where the applicant for compensation is habitually resident, and “applicant for compensation” shall be construed accordingly;
“assisting authority” means the authority or body designated by a Member State in accordance with the Directive;
“deciding authority” means the authority or body designated by a Member State to be responsible for deciding upon applications for compensation;
“the Directive” means Council Directive 2004/80/ EC of 29 April 2004 relating to compensation to crime victims ;
“relevant assisting authority” means the assisting authority in the Member State where the applicant for compensation is habitually resident;
“relevant deciding authority” means the deciding authority in the Member State where the violent intentional crime, in connection with which an application for compensation is made, was committed;
“United Kingdom assisting authority” means the body designated by regulation 3 of these Regulations;
“United Kingdom deciding authority” means a body designated by regulation 4 of these Regulations.
Transitional provision
2
These Regulations do not apply to applicants for compensation whose injuries result from violent intentional crime committed on or before 30 th June 2005.
Designation of assisting authority
3
The assisting authority for the United Kingdom is designated as the Criminal Injuries Compensation Authority.
Designation of deciding authorities
4
1
The deciding authorities in respect of a violent intentional crime committed in any part of Great Britain are designated as:
a
in respect of an application for compensation under the Criminal Injuries Compensation Scheme 2001 and a review under that Scheme of a decision made on such an application, the Criminal Injuries Compensation Authority ; and
b
in respect of an appeal under the Criminal Injuries Compensation Scheme against a decision made under that Scheme, the Criminal Injuries Compensation Appeals Panel .
2
The deciding authorities in respect of a violent intentional crime committed in Northern Ireland are designated as:
a
in respect of an application for compensation under the Northern Ireland Criminal Injuries Compensation Scheme 2002 and a review under that Scheme of a decision made on such an application, the Northern Ireland Compensation Agency ; and
b
in respect of an appeal under the Northern Ireland Criminal Injuries Compensation Scheme 2002 against a decision made under that Scheme, the Criminal Injuries Compensation Appeals Panel Northern Ireland .
Information to potential applicant for compensation
5
The United Kingdom assisting authority shall provide potential applicants for compensation with access to essential information on the opportunities for making an application for compensation.
Right to submit an application for compensation
6
If a person is habitually resident in any part of the United Kingdom and wishes to make an application for compensation, he may submit the application to the United Kingdom assisting authority.
Assistance to applicant for compensation
7
The United Kingdom assisting authority shall provide an applicant for compensation with –
a
the application forms required for making an application for compensation;
b
upon the request of the applicant for compensation, general guidance and information on how the application for compensation should be completed and what supporting documentation may be required.
Transmission of applications
8
Upon receipt of an application for compensation, the United Kingdom assisting authority shall transmit the application and any supporting documentation as quickly as possible to the relevant deciding authority using the standard form provided pursuant to Article 14 of the Directive.
Receipt of applications
9
When a United Kingdom deciding authority receives an application for compensation from the assisting authority of another Member State, that United Kingdom deciding authority shall send the following information as soon as possible to that assisting authority and to the applicant for compensation —
a
the contact person or the department responsible for handling the matter;
b
an acknowledgement of receipt of the application;
c
if possible, an indication of the approximate time by which a decision on the application will be made.
Requests for supplementary information
10
1
The United Kingdom assisting authority shall, if it considers it to be necessary, provide an applicant for compensation who is habitually resident in any part of the United Kingdom with general guidance in relation to meeting any request for supplementary information from the relevant deciding authority.
2
If asked to do so by an applicant for compensation who is habitually resident in any part of the United Kingdom, the United Kingdom assisting authority shall transmit any such supplementary information as soon as possible to the relevant deciding authority enclosing, where appropriate, a list of any supporting documentation transmitted.
Hearing of the applicant for compensation
11
1
If requested to do so by a deciding authority in another Member State, the United Kingdom assisting authority shall arrange for an applicant for compensation or other person such as a witness or expert to be heard directly by that deciding authority in accordance with the law in that Member State through the use in particular of telephone or video-conferencing.
2
If the Criminal Injuries Compensation Appeals Panel or, as the case may be, the Criminal Injuries Compensation Appeals Panel Northern Ireland, decides in accordance with the Criminal Injuries Compensation Scheme 2001 or the Northern Ireland Criminal Injuries Compensation Scheme 2002 to hear an applicant for compensation or any other person such as a witness or expert, it may contact the relevant assisting authority for the purposes of arranging for —
a
the person to be heard directly by the Criminal Injuries Compensation Appeals Panel or, as the case may be, by the Criminal Injuries Compensation Appeals Panel Northern Ireland, in accordance with the Criminal Injuries Compensation Scheme 2001 or, respectively, the Northern Ireland Criminal Injuries Compensation Scheme 2002 , through the use, in particular, of telephone or video conferencing; or
b
the person to be heard by the relevant assisting authority in accordance with the law in that Member State.
3
A hearing in accordance with paragraph (1) or (2)(a) may only take place:
a
in co-operation with the relevant assisting authority; and
b
with the agreement of the person proposed to be heard.
Communication of the decision
12
A United Kingdom deciding authority shall send its decision on an application for compensation, by using the standard form provided pursuant to Article 14 of the Directive, to the applicant for compensation and to the relevant assisting authority as soon as possible after the decision has been taken.
Other provisions
13
1
With the exception of the full text of the decision pursuant to regulation 12, information transmitted by the United Kingdom assisting authority or a United Kingdom deciding authority to an assisting authority or deciding authority in another Member State pursuant to regulations 8 to 12 shall be expressed in —
a
the official languages or one of the languages of that other Member State which corresponds to one of the languages of the Community institutions; or
b
another language of the Community institutions that that Member State has indicated it will accept.
2
The United Kingdom assisting authority shall provide access to information under regulation 5 and application forms under regulation 7(a) on the basis of the manual drawn up in accordance with Article 13(2) of the Directive.
3
Services rendered under these Regulations by the United Kingdom assisting authority shall not give rise to a claim for reimbursement of charges or costs from the applicant for compensation or from the relevant deciding authority.
4
Application forms and any other documentation transmitted in accordance with regulations 8 to 12 are exempted from authentication or any equivalent formality.
Fiona Mactaggart
Parliamentary Under Secretary of State
Home Office
8th December 2005


text:
PART 1
General
Citation, commencement and interpretation
1
1
This Order may be cited as the Licensing Act 2003 (Transitional provisions) Order 2005 and shall come into force on 7th February 2005.
2
In this Order —
“ the Act ” means the Licensing Act 2003;
“alternative scale plan” means a plan in a scale other than the standard scale;
“fire and other safety equipment” includes fire extinguishers, fire doors, fire alarms and other similar equipment;
“person of standing in the community” includes a bank or building society official, a police officer, a civil servant or a minister of religion;
“Schedule 8” means Schedule 8 to the Act;
“specified fee” in relation to an application, shall be the fee for such application calculated in accordance with an order made by the Secretary of State under paragraph 2(5)(b) or 14(4)(b) of Schedule 8 as the case may require;
“standard scale” means that 1 millimetre represents 100 millimetres.
Application for conversion of existing licence in respect of premises under paragraph 2 of Schedule 8
2
1
An application under paragraph 2 of Schedule 8 shall be in the form and (in addition to the information specified in paragraph 2(4)(a) of Schedule 8) shall contain the information set out in Part A of Schedule 1 to this Order and shall be accompanied by the specified fee.
2
Where a person making an application in accordance with paragraph (1) in pursuance of paragraph 7(1) of Schedule 8 at the same time makes an application under section 34 or 37 of the Act, Part B of Schedule 1 to this Order incorporates the form of application for such purposes.
3
Where paragraph 2(4)(b) of Schedule 8 applies (any relevant existing licence authorises the supply of alcohol), the application must state the name and address of the person whom the applicant wishes to be the premises supervisor.
4
The form of consent which, in accordance with paragraphs 2(5)(a) and (6)(d) of Schedule 8, must (where applicable) accompany the application shall be in the form specified in Schedule 2 to this Order.
5
The form of consent which, in accordance with paragraphs 2(5)(a) and (6)(e) of Schedule 8, must (where applicable) accompany the application shall be in the form specified in Schedule 3 to this Order.
3
1
The plan of the premises which, in accordance with paragraphs 2(5)(a) and (6)(b) of Schedule 8, must accompany the application shall comply with the remaining paragraphs of this article.
2
Unless the relevant licensing authority has previously agreed in writing with the applicant following a request by the applicant that an alternative scale plan is acceptable to it, in which case the plan shall be drawn to that alternative scale, the plan shall be drawn in standard scale.
3
The plan shall show —
a
the extent of the boundary of the building, if relevant, and any external and internal walls of the building and, if different, the perimeter of the premises;
b
the location of points of access to and egress from the premises;
c
if different from paragraph (3)(b), the location of escape routes from the premises;
d
in a case where the premises is used for more than one existing licensable activity, the area within the premises used for each activity;
e
in a case where an existing licensable activity relates to the supply of alcohol, the location or locations on the premises which is or are used for consumption of alcohol;
f
fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact on the ability of individuals on the premises to use exits or escape routes without impediment;
g
in a case where the premises includes a stage or raised area, the location and height of each stage or area relative to the floor;
h
in a case where the premises includes any steps, stairs, elevators or lifts, the location of the steps, stairs, elevators or lifts;
i
in a case where the premises includes any room or rooms containing public conveniences, the location of the room or rooms;
j
the location and type of any fire safety and any other safety equipment; and
k
the location of a kitchen, if any, on the premises.
4
The plan may include a legend through which the matters mentioned or referred to in paragraph (3) are sufficiently illustrated by the use of symbols on the plan.
Enactments specified under paragraph 6(8) of Schedule 8
4
The following enactments are specified under paragraph 6(8) of Schedule 8 for the purposes of Part 1 of Schedule 8, namely —
a
Children and Young Persons Act 1933 ;
b
Cinematograph (Safety) Regulations 1955 ;
c
Licensing Act 1964 ;
d
Sporting Events (Control of Alcohol Etc) Act 1985 .
Specified periods during which particular provisions apply to an application for the grant of a premises licence
5
The period specified for the purposes of paragraph 11(1)(a) of Schedule 8 (special provision about opening hours where the holder of a justices' licence applies for the grant of a premises licence) shall be the period commencing on 7th February 2005 and ending on the second appointed day .
6
The period specified for the purposes of paragraph 12(1)(a) of Schedule 8 (special provision about an application for the grant of a premises licence where a provisional grant of a justices' licence has been made) shall be the period commencing on 7th February 2005 and ending on the day which is the first anniversary of the second appointed day.
Application for conversion of existing club certificate under paragraph 14 of Schedule 8
7
1
An application under paragraph 14 of Schedule 8 shall be in the form and (in addition to the information specified in paragraph 14(3) of Schedule 8) shall contain the information set out in Part A of Schedule 4 to this Order and shall be accompanied by the specified fee.
2
Where a club making an application in accordance with paragraph (1) in pursuance of paragraph 19(1) of Schedule 8 at the same time makes an application under section 84 of the Act, Part B of Schedule 4 to this Order incorporates the form of application for such purposes.
3
The other document which, in accordance with paragraph 14(4)(a) and (5)(c) of Schedule 8, must accompany the application is a copy of the rules of the club.
8
1
The plan of the premises which, in accordance with paragraphs 14(4)(a) and (5)(b) of Schedule 8, must accompany the application shall comply with the remaining paragraphs of this article.
2
Unless the relevant licensing authority has previously agreed in writing with the club following a request by the club that an alternative scale plan is acceptable to it, in which case the plan shall be drawn to that alternative scale, the plan shall be drawn in standard scale.
3
The plan shall show —
a
the extent of the boundary of the building, if relevant, and any external and internal walls of the building and, if different, the perimeter of the premises;
b
the location of points of access to and egress from the premises;
c
if different from paragraph (3)(b), the location of escape routes from the premises;
d
in a case where the premises is used for more than one existing qualifying club activity, the area within the premises used for each activity;
e
in a case where the existing qualifying club activity relates to the supply of alcohol, the location or locations on the premises which is or are used for consumption of alcohol;
f
fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact on the ability of individuals on the premises to use exit or escape routes without impediment;
g
in a case where the premises includes a stage or raised area, the location and height of each stage or area relative to the floor;
h
in a case where the premises includes any steps, stairs, elevators or lifts, the location of the steps, stairs, elevators or lifts;
i
in a case where the premises includes any room or rooms containing public conveniences, the location of the room or rooms;
j
the location and type of any fire safety and any other safety equipment; and
k
the location of a kitchen, if any, on the premises.
4
The plan may include a legend through which the matters mentioned or referred to in paragraph (3) are sufficiently illustrated by the use of symbols on the plan.
Enactments specified under paragraph 18(5) of Schedule 8
9
The following enactments are specified under paragraph 18(5) of Schedule 8 for the purposes of Part 2 of Schedule 8, namely —
a
Children and Young Persons Act 1933;
b
Cinematograph (Safety) Regulations 1955;
c
Licensing Act 1964;
d
Sporting Events (Control of Alcohol Etc) Act 1985.
Photograph of the applicant accompanying the application for the grant of a personal licence
10
The photograph of the applicant which, in accordance with paragraphs 23(1)(b) and (3)(b) of Schedule 8, must accompany the application for the grant of a personal licence shall be —
a
taken against a light background so that the applicant’s features are distinguishable and contrast against the background,
b
45 millimetres by 35 millimetres,
c
full face uncovered and without sunglasses and, unless the applicant wears a head covering due to his religious beliefs, without a head covering,
d
on photographic paper, and
e
endorsed, as referred to in paragraph 23(3)(b) of Schedule 8, by —
i
the chief executive of the licensing justices for the relevant licensing authority,
ii
a solicitor or notary,
iii
a person of standing in the community; or
iv
an individual with a professional qualification.
Provision of forms etc.
11
The relevant licensing authority —
a
must provide on request the forms listed in the Schedules printed on paper; or
b
in a case where the relevant licensing authority maintains a website, it may provide electronic copies of the forms listed in the Schedules on its website.
Validity of forms etc.
12
A relevant licensing authority shall not reject any application or other document by reason only of the fact that it is given on a form provided otherwise than from the relevant licensing authority but which complies with the requirements of this Order.
Richard Caborn
Minister of State
Department for Culture, Media and Sport
12th January 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Housing (Right to Buy) (Prescribed Forms) (Amendment) (England) Regulations 2005 and shall come into force on 1st April 2005.
2
These Regulations apply in relation to houses in England only.
Amendment of Regulations
2
The Housing (Right to Buy) (Prescribed Forms) Regulations 1986 are amended by the substitution, for the form set out in Schedule 2, of the form set out in the Schedule to these Regulations.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State, Office of the Deputy Prime Minister
28th February 2005