text:
Title, commencement, extent and application
1
This Order —
a
may be cited as the Plant Health (England) (Amendment) (No. 2) Order 2007;
b
comes into force on 1st November 2007; and
c
extends to England and Wales but only applies in England.
Amendments to the Plant Health (England) Order 2005
2
The Plant Health (England) Order 2005 is amended as follows.
Prevention of the introduction into and spread within the European Community of Rhynchophorus ferrugineus (Olivier)
3
1
In article 2(1), at the appropriate place insert ““Decision 2007/365/ EC ” means Commission Decision 2007/365/EC on emergency measures to prevent the introduction into and the spread within the Community of Rhynchophorus ferrugineus (Olivier) , as amended from time to time;”.
2
In Part A of Schedule 1, after item 34 of “Insects, mites and nematodes” add —
35. Rhynchophorus ferrugineus (Olivier)
.
3
In Part A of Schedule 4, after item 57 insert —
57a. Plants, other than fruit or seeds, having a diameter of the stem at the base of over 5cm of the species listed in Article 1(b) of Decision 2007/365/EC originating in any third country Without prejudice to the requirements in item 57, the plants, including those collected from natural habitats, shall be accompanied by an official statement that the plants meet the requirements of paragraph (a), (b) or (c) of point 1 of Annex 1 to Decision 2007/365/EC
.
4
In Part B of Schedule 4, after item 6 insert —
6a. Plants, other than fruit or seeds, having a diameter of the stem at the base of over 5cm of the species listed in Article 1(b) of Decision 2007/365/EC originating in any third country The plants shall be accompanied by an official statement that they have been grown in accordance with the specifications in paragraph (a), (b), (c) or (d) of point 2 of Annex 1 to Decision 2007/365/EC
.
5
In Part A of Schedule 5, Part A of Schedule 6 and Part A of Schedule 7, after item 1 insert —
1a. Plants, other than fruit or seeds, having a diameter of the stem at the base of over 5cm of the species listed in Article 1(b) of Decision 2007/365/EC .
.
Prevention of the introduction into and spread within the European Community of Gibberella circinata Nirenberg & O’Donnell
4
1
In article 2(1), at the appropriate place insert ““Decision 2007/433/EC ” means Commission Decision 2007/433/EC on provisional emergency measures to prevent the introduction into and the spread within the Community of Gibberella circinata Nirenberg & O’Donnell , as amended from time to time;”.
2
In Part A of Schedule 1, after item 17 of “Fungi” add —
18. Gibberella circinata Nirenberg & O’Donnell
.
3
In Part A of Schedule 4, after item 2 insert —
2a. Plants intended for planting, including seeds and cones for propagation purposes, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC , originating in any third country Without prejudice to the requirements in items 1, 2 and 3, the plants shall be accompanied by an official statement that —
they originate in a place of production which is registered and supervised by the national plant protection organisation in the country of origin; and
they meet the requirements of paragraph (a), (b) or (c) of point I of Annex I to Decision 2007/433/EC
.
4
In Part B of Schedule 4, after item 1 insert —
1a. Plants intended for planting, including seeds and cones for propagation purposes, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC , originating in any third country Without prejudice to the requirements in item 7 of Part A of Schedule 6, the plants shall be accompanied by an official statement that they have been grown in accordance with the specifications in paragraph (a), (b) or (c) of point II of Annex I to Decision 2007/433/EC
.
5
In Part A of Schedule 5, after item 1 insert —
1b. Seeds and cones, intended for propagating, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC .
.
6
In Part A of Schedule 6 and Part A of Schedule 7, after item 1 insert —
1b. Plants intended for planting, including seeds and cones intended for propagating, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC .
.
Prevention of the introduction and spread of Potato spindle tuber viroid
5
1
In article 2(1), at the appropriate place insert ““Decision 2007/410/EC ” means Commission Decision 2007/410/EC on measures to prevent the introduction into and spread within the Community of Potato spindle tuber viroid , as amended from time to time;”.
2
In Part A of Schedule 4, after item 37 insert —
37a. Plants, intended for planting, including seeds, of the genera and species referred to in Article 1 of Decision 2007/410/EC , originating in any third country The plants shall be accompanied by an official statement that —
they originate in and have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation in the country of origin; and
they meet the requirements of paragraph (a), (b), (c) or (d) of point 1 of the Annex to Decision 2007/410/EC
.
3
In Part B of Schedule 4, after item 20 insert —
20a. Plants, intended for planting, including seeds, of the genera and species referred to in Article 1 of Decision 2007/410/EC , originating in any third country The plants shall be accompanied by an official statement that they have been grown throughout their life or since their introduction into the European Community in a place of production which meets the requirements of paragraph (a), (b), (c) or (d) of point 2 of the Annex to Decision 2007/410/EC
.
4
In Part A of Schedule 6 and Part A of Schedule 7 —
a
after item 3 insert —
3a. Plants, intended for planting, including seeds, other than those in item 3, of the genera and species referred to in Article 1 of Decision 2007/410/EC .
; and
b
for item 7(b) substitute —
b
plants of Solanaceae , other than seeds and other than those in items 3 and 3a, intended for planting;
.
Measures in respect of certain citrus fruits
6
1
In article 2(1), at the appropriate place insert ““Decision 2004/416/EC ” means Commission Decision 2004/416/EC on temporary emergency measures in respect of certain citrus fruits originating in Argentina or Brazil , as amended from time to time;”.
2
In Part A of Schedule 4 —
a
in the second column of items 15 and 17, after third country add “, other than Brazil”;
b
after item 15 add —
15a. Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in Brazil Without prejudice to the requirements in items 14, 16 and 18, the fruits shall be accompanied by an official statement that they meet the requirements of paragraph (a) or (b) of point 1 and of point 3 of the Annex to Decision 2004/416/EC
.
c
in the third column of item 16, for “15, 17” substitute “15, 15a, 17, 17a”;
d
after item 17 add —
17a. Fruits of Citrus L., other than Citrus aurantium L., Fortunella Swingle or Poncirus Raf., originating in Brazil Without prejudice to the requirements in items 14, 16 and 18, the fruits shall be accompanied by an official statement that they meet the requirements of paragraph (a) or (b) of point 2 and of point 3 of the Annex to Decision 2004/416/EC
; and
e
in the third column of item 18, for “17” substitute “17a”.
Miscellaneous amendments
7
In —
a
article 2(1), for the definition of ““Directive 2000/29/EC ” substitute ““Directive 2000/29/EC ” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community ;”; and
b
Part B of Schedule 7, in item 3 for “or Sorbus L.” substitute “, Sorbus L. or Vitis L.”.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
9th October 2007


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Finance Act 2003, Section 66 (Prescribed Statutory Provisions) Order 2007 and shall come into force on 25th May 2007.
Prescribed Statutory Provisions
2
A land transaction that is not entered into as mentioned in section 66(1) of the Finance Act 2003 is exempt from charge to stamp duty land tax if —
a
the transaction is effected —
i
under paragraph A23(2), 4(2), 5(4B) or 8(2)(b) of Schedule 22 to the School Standards and Framework Act 1998 (transfer of land to local education authority), or
ii
by a transfer required by virtue of regulations made under section 27(2)(b) of the Education and Inspections Act 2006 (transfer of land on removal of foundation or reduction in foundation governors), and
b
either the purchaser or the vendor is a public body.
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd May 2007


text:
Citation and commencement
1
This Order, which may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of the Isle of Anglesey) Order 2007, comes into force on the 1 April 2007.
Interpretation
2
In this Order:
“the 1984 Act ” (“ Deddf 1984 ”) means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” (“ Deddf 1991 ”) means the Road Traffic Act 1991; and
“the parking area” (“ yr ardal barcio ”) means the area designated as a permitted parking area and special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the county of the Isle of Anglesey except the entire length of the A55, including its on and off slip roads, within the county.
Designation of permitted parking area and special parking area
4
The National Assembly hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act apply in relation to the parking area and as so applied have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of the 1984 Act
6
The 1984 Act is modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
D. Elis-Thomas
The Presiding Officer of the National Assembly
27 March 2007


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Fareham) Order 2007 and shall come into force on 2nd April 2007.
Interpretation
2
In this Order —
a
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
b
“the 1991 Act ” means the Road Traffic Act 1991; and
c
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the Borough of Fareham except the entire length of the M27 within the Borough, including its on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
G. Merron
Parliamentary Under Secretary of State
Department for Transport
1st March 2007


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Qualifying Child Care) (No. 2) Regulations 2007 and shall come into force on 1st October 2007.
Amendment of section 318C(2) of the Income Tax (Earnings and Pensions) Act 2003
2
In section 318C(2) of the Income Tax (Earnings and Pensions) Act 2003 (qualifying childcare in England) omit paragraph (d).
Steve McCabe
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
30th August 2007


text:
PART 1 General
Citation, commencement and application
1
1
These Regulations may be cited as the Children Act 2004 Information Database (England) Regulations 2007 and come into force on the seventh day after the day on which they are made.
2
These Regulations apply in relation to the establishment and operation of a database under section 12 of the Children Act 2004.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Children Act 2004;
“archived information” shall be construed in accordance with regulation 8;
“child record” in relation to a child or participating young person (including a child or participating young person who is not ordinarily resident in England or who has died) means the information contained in the database relating to that person;
“the database” means the database established and operated, or to be established and operated, by the Secretary of State for Children, Schools and Families under section 12 of the Act;
“local authority” means a children’s services authority in England within the meaning of section 65(1) of the Act;
“national partner” has the meaning given in regulation 9(1)(b);
“parental responsibility” has the same meaning as in section 3 of the Children Act 1989 ;
“participating young person” has the meaning given in regulation 4(2);
“relevant young person” means a person (other than a child) in relation to whom arrangements under section 10 of the Act may be made;
“a Schedule 4 body” has the meaning given in regulation 11(1)(a);
“a Schedule 5 body” has the meaning given in regulation 11(1)(b);
“sensitive service” means a specialist or targeted service which relates to —
sexual health,
mental health, or
substance abuse;
“specialist or targeted service” means any service which is not normally provided to all persons in a particular age group.
2
In these Regulations any reference to a child record for which a local authority is responsible means a child record for which, by virtue of regulation 3(2), the authority is responsible, and references to a local authority being responsible for child records are to be construed accordingly.
3
In these Regulations any reference to a person employed includes a person employed whether under a contract of service or a contract for services, a person seconded to the organisation in question and a person working as a volunteer, and references to an employee are to be construed accordingly.
4
In these Regulations a person (A) is not to be treated as having the care of another person (B) by reason only of the fact that A acts as a childminder to B or provides day care to B for part of the day only.
Participation by local authorities
3
1
A local authority must participate in the operation of the database in accordance with these Regulations.
2
A local authority is responsible for any child records, responsibility for which —
a
is allocated to the authority by the Secretary of State for Children, Schools and Families; or
b
is accepted by the authority with the agreement of the local authority which previously had responsibility for that child record.
PART 2 Information in the database
Information in the database
4
1
The database must contain such information of the descriptions specified in Schedule 1 as is available to the Secretary of State for Children, Schools and Families relating to —
a
each child, and
b
subject to paragraph (2), each participating young person,
who is ordinarily resident in England.
2
A child record relating to a relevant young person may only contain information that is not archived information if that person consents to that information being contained in the child record (and in these Regulations a person who has consented and has not withdrawn the consent is referred to as a “participating young person”).
3
The database may contain information about a child or participating young person who is no longer ordinarily resident in England or who has died.
Procedures for ensuring the accuracy of information in the database
5
1
A Schedule 4 or Schedule 5 body which discloses information for inclusion in the database must take reasonable steps to ensure the information is accurate.
2
In providing information under section 12(9) of the Act the Secretary of State must take reasonable steps to ensure the information is accurate.
3
Where it appears to a local authority that a child record for which it is responsible is or may be inaccurate or incomplete, the authority must take reasonable steps to correct the inaccuracy or to complete the record.
Accessible child record
6
1
Subject to paragraph (9), the Secretary of State for Children, Schools and Families must ensure that a person who is given access to the database under regulation 9(1)(b) is not able to read the information contained in a child record specified in paragraph (3).
2
Subject to paragraphs (4) and (9), a local authority must ensure that a person who is given access to the database by the authority under regulation 9(1)(a) is not able to read the information contained in a child record specified in paragraph (3).
3
The information referred to in paragraphs (1) and (2) is —
a
the name and contact details of a person or body providing a sensitive service;
b
information of the description specified in paragraph 15 of Schedule 1;
c
information of the description specified in paragraph 18 of Schedule 1 (unless the person who has access to the database is employed by the Schedule 4 or Schedule 5 body in relation to functions for the purposes of which the number has been allocated);
d
information of the description specified in paragraph 20 of Schedule 1;
e
archived information.
4
Paragraph (2) does not apply to persons given access to the database by the authority under regulation 9(1)(a) solely for the purposes of the functions conferred on the authority under these Regulations.
5
Subject to paragraph (9), a local authority may determine, in relation to a particular child record, that persons given access to the database under regulation 9 may read only information of the description specified in paragraph (6).
6
The information referred to in paragraph (5) is —
a
information of the descriptions specified in paragraphs 1 , 3 , 4 and 5 of Schedule 1; and
b
in the case of —
i
a child, the name of any person with parental responsibility for the child or who has care of him at any time; or
ii
a participating young person, the name of any person who has care of him at any time.
7
In making a determination under paragraph (5) the authority must take into account any views expressed by —
a
the person to whom the record relates;
b
any person with parental responsibility for that person or who has care of him at any time;
c
a Schedule 4 or Schedule 5 body.
8
The Secretary of State for Children, Schools and Families or a local authority may for the purposes of child protection authorise a person to read the information contained in a child record which he would otherwise be able to see but for a determination under paragraph (5).
9
A person having access to the database under regulation 9 may read information contained in a child record specified in paragraph (3)(a) to (c) if that information was disclosed for inclusion in the database by that person.
Retention of information
7
1
Subject to paragraph (2) , information disclosed for inclusion in the database under these Regulations, or provided by the Secretary of State under section 12(9) of the Act, may be retained for six years from the date on which it becomes archived information.
2
The information may be retained for longer than six years from the date on which it becomes archived information if the Secretary of State for Children, Schools and Families or a local authority is satisfied it is necessary to retain the information for the purposes of —
a
an investigation under section 47 of the Children Act 1989 (local authority’s duty to investigate); or
b
the exercise by a Local Safeguarding Children Board of its functions under regulation 5(1)(e) (serious case reviews) or 6 (functions relating to child deaths) of the Local Safeguarding Children Boards Regulations 2006 .
Archived information
8
1
Subject to paragraph (4), and so far as it is not already archived information, information in a child record becomes archived information on the earliest of the dates specified in paragraph (2).
2
In the case of —
a
a child record for a child who is not a participating young person, the date on which he attains the age of 18;
b
a child record for a participating young person, the date on which he attains the age of 25, or (if earlier) the date on which his consent to the information being contained in the child record is withdrawn;
c
a child record for a person who ceases to be ordinarily resident in England, the date on which the Secretary of State for Children, Schools and Families or the local authority responsible for his child record becomes aware that he is no longer ordinarily resident in England and that it is unlikely he will resume ordinary residence in England within three years from that date;
d
a child record for a person who has died, the first anniversary of his death;
e
information of the description specified in paragraph 7 of Schedule 1, the date one year after the date on which the person ceased to attend the educational institution or to receive education otherwise than at an educational institution;
f
information of the description specified in paragraph 8 of Schedule 1, the date one year after the date on which the provision of the services to which that information relates ended;
g
information of the description specified in paragraph 9 of Schedule 1, the date of the expiry of the period in the statement described in paragraph 15 of that Schedule relating to that information (that period to be measured from the date on which the provision of the service ended);
h
information of the description specified in paragraph 10 of Schedule 1, the date one year after the date on which information about a subsequent assessment of the person under the system known as the Common Assessment Framework has been added to the child record;
i
information of a description specified in any of paragraphs 11 to 13 of Schedule 1, the date of the expiry of the period in the statement described in paragraph 15 of that Schedule relating to that information (that period to be measured from the date on which the services of the health visitor, school nurse or midwife ended);
j
information of the description in paragraph 14 or 15 of Schedule 1, the date on which the information to which it relates becomes archived information.
3
The Secretary of State for Children, Schools and Families or the local authority responsible for a child record may decide that information in a child record that has become archived information by virtue of paragraph (2)(c) should no longer be archived information if the person is a child who again becomes ordinarily resident in England.
4
The Secretary of State for Children, Schools and Families or the local authority responsible for a child record may at any time decide that information in a child record should become archived information.
PART 3 Access to the database
Access to the database
9
1
Persons of the following descriptions may permit a person to have access to the database for the purpose of adding or reading information —
a
a local authority; and
b
the persons listed in Schedule 2 (referred to in these Regulations as “national partners”).
2
A local authority may only permit a person specified in Schedule 3 to have access to the database.
3
A national partner may only permit a person to have access to the database if the person is an employee of that national partner.
4
A local authority or a national partner may suspend or terminate a person’s access to the database.
Conditions on access
10
1
The conditions on which a person may be given access to the database are that —
a
in the case of a person falling within paragraph 3 or 4 of Schedule 3, the person has been the subject of a system of vetting which involves the collection of details and information broadly comparable to the details and information collected for the purposes of an enhanced criminal record certificate;
b
in any other case an enhanced criminal record certificate has been obtained in respect of the person;
c
in the case of a person —
i
given access under regulation 9(1)(a), he has undergone training provided by or on behalf of the local authority in accordance with such training materials as the Secretary of State for Children, Schools and Families may supply to the local authority, together with such other training as the local authority in question considers appropriate; or
ii
given access under regulation 9(1)(b), he has undergone training provided by or on behalf of the national partner in accordance with such training materials as the Secretary of State for Children, Schools and Families may supply to the national partner, together with such other training as the national partner in question considers appropriate; and
d
the person has agreed to have regard to guidance given by the Secretary of State for Children, Schools and Families.
2
A local authority or a national partner must terminate a person’s access to the database if the most recent enhanced criminal record certificate obtained in respect of that person was issued more than three years previously.
3
In this regulation “enhanced criminal record certificate” means an enhanced criminal record certificate within the meaning of section 113B of the Police Act 1997 .
PART 4 Disclosure of information to and from the database
Disclosure of information for inclusion in the database
11
1
Subject to paragraph (3) —
a
a person or body specified in Schedule 4 (“a Schedule 4 body”) must disclose for inclusion in the database, at such times as the Secretary of State for Children, Schools and Families may specify, such of the information specified in Schedule 1 relating to a child or participating young person as is available to the person or body; and
b
a person or body specified in Schedule 5 (“a Schedule 5 body”) may disclose for inclusion in the database any information specified in Schedule 1 relating to a child or participating young person as is available to the person or body.
2
Subject to paragraph (3) , where any information disclosed for inclusion in the database pursuant to paragraph (1) is superseded by new information, the person or body must disclose that new information for inclusion in the database at such times as the Secretary of State for Children, Schools and Families may specify.
3
Information about a sensitive service provided to a child or participating young person may only be disclosed for inclusion in the database —
a
if the child or participating young person consents to the disclosure; or
b
if the person or body providing the sensitive service considers there is reasonable cause to suspect that the child or participating young person is suffering, or is likely to suffer, significant harm within the meaning of section 31 of the Children Act 1989 (care and supervision orders).
Disclosure of information from the database
12
1
The Secretary of State for Children, Schools and Families or a local authority may disclose information included in the database if he, or it, is satisfied that —
a
disclosure is required by or under any enactment, by any rule of common law or by order of the court;
b
disclosure is necessary for the purposes of —
i
the prevention or detection of crime;
ii
the prosecution of offenders;
iii
an investigation under section 47 of the Children Act 1989; or
iv
the exercise by a Local Safeguarding Children Board of its functions under regulation 5(1)(e) or 6 of the Local Safeguarding Children Boards Regulations 2006.
2
Subject to regulation 6(5), a local authority may disclose information of a description specified in paragraphs 1, 2 and 4 to 7 of Schedule 1 contained in a child record which is not archived information to a person exercising functions of the authority under Part 6 (school admissions, attendance and charges) of the Education Act 1996 .
General provisions in respect of access to and disclosure of information
13
Without prejudice to regulation 11(3), any —
a
permission given under regulation 9;
b
disclosure of information for inclusion in the database under regulation 11(1)(b);
c
disclosure of information from the database under regulation 12;
d
provision of information by the Secretary of State under section 12(9) of the Act,
may be given or made notwithstanding any rule of common law which prohibits or restricts the disclosure of information.
PART 5 Revocation
Revocation
14
The Information Sharing Index (England) Regulations 2006 are revoked.
Kevin Brennan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
24th July 2007


text:
Citation and commencement
1
These Regulations may be cited as the Road Transport (Working Time) (Amendment) Regulations 2007 and come into force on 11th April 2007.
Amendment of the principal Regulations
2
1
The Road Transport (Working Time) Regulations 2005 are amended as provided in this regulation.
2
In regulation 2, for the definition of “the Community Drivers’ Hours Regulation”, substitute —
“the Community Drivers’ Hours Regulation” means Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport (and amending and repealing certain Council Regulations)
;
3
For regulation 3(2) substitute —
2
This paragraph applies to mobile workers who, in the course of that employment or work, drive or travel in or on vehicles —
a
which are vehicles within the meaning of Article 4(b) of the Community Drivers’ Hours Regulation,
b
which are not vehicles described in Article 3 of that Regulation, and
c
which are not vehicles exempted from the provisions of that Regulation under regulation 2 of the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 .
4
For regulation 15 substitute —
Individual carrying on own trade or business
15
1
This regulation applies to an individual who —
a
for the purpose of a trade or business carried on by him, drives a vehicle described in paragraph (2) or (3) of regulation 3, and
b
is neither —
i
a self-employed driver, nor
ii
an agency worker within the meaning of regulation 14.
2
Where this regulation applies, these Regulations shall have effect as if —
a
the individual were both a mobile worker and the employer of that mobile worker, and
b
regulations 10, 11(a) and (e) and 12 were omitted.
Signed by authority of the Secretary of State for Transport
S.J. Ladyman
Minister of State
Department for Transport
14th March 2007


text:
Citation and commencement
1
These Regulations may be cited as the Electronic Commerce Directive (Racial and Religious Hatred Act 2006) Regulations 2007 and shall come into force on 1st October 2007.
Interpretation
2
1
In these Regulations —
“the 1986 Act ” means the Public Order Act 1986 ;
“ the Directive ” means Directive 2000/31/ EC of the European Parliament and of the Council of 8th June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) ;
“information society services” —
has the meaning given in Article 2(a) of the Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22nd June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations ); and
is summarised in recital 17 of the Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;
“recipient of the service” means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;
“relevant offence” means an offence under Part 3A of the 1986 Act (hatred against persons on religious grounds);
“religious hatred” has the meaning given by section 29A of the 1986 Act (meaning of “religious hatred”); and
“service provider” means a person providing an information society service.
2
For the purposes of these Regulations —
a
a service provider is established in a particular EEA state if he effectively pursues an economic activity using a fixed establishment in that EEA state for an indefinite period and he is a national of an EEA state or a company or firm as mentioned in Article 48 of the EEC Treaty;
b
the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider;
c
where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment where the service provider has the centre of his activities relating to the service,
and references to a person being established in any place must be construed accordingly.
Internal market: England and Wales service providers
3
1
If —
a
in the course of providing information society services, a service provider established in England and Wales does anything in an EEA state other than the United Kingdom, and
b
his action, if done in England and Wales, would constitute a relevant offence,
he shall be guilty in England and Wales of the offence.
2
If paragraph (1) applies —
a
proceedings for the offence may be taken at any place in England and Wales; and
b
the offence may for all incidental purposes be treated as having been committed at any such place.
3
If a person commits a relevant offence only by virtue of paragraph (1) he is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years; and
b
on summary conviction, to imprisonment for a term not exceeding the appropriate period or to a fine not exceeding the appropriate amount.
4
The appropriate period is —
a
in the case of a conviction for an offence committed after the commencement of section 154(1) of the Criminal Justice Act 2003 , 12 months;
b
in any other case, 3 months.
5
The appropriate amount is —
a
if calculated on a daily basis, £100 per day;
b
if not calculated on a daily basis, level 5 on the standard scale.
Internal market: non-UK service providers
4
1
Proceedings for a relevant offence shall not be instituted against a non-UK service provider unless the derogation condition is satisfied.
2
The derogation condition is satisfied where the institution of proceedings —
a
is necessary to pursue the public interest objective;
b
relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to it; and
c
is proportionate to that objective.
3
The public interest objective is public policy, in particular the prevention, investigation, detection and prosecution of a relevant offence.
4
In this regulation “non-UK service provider” means a service provider who is established in an EEA state other than the United Kingdom.
Exception for mere conduits
5
1
A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in —
a
the provision of access to a communication network; or
b
the transmission in a communication network of information provided by a recipient of the service,
if the transmission condition is satisfied.
2
The transmission condition is that the service provider does not —
a
initiate the transmission;
b
select the recipient of the transmission; or
c
select or modify the information contained in the transmission.
3
Paragraph (1)(b) does not apply if the information is information to which regulation 6 applies.
4
For the purposes of this regulation, the provision of access to a communication network and the transmission of information in the network includes the automatic, intermediate and transient storage of information for the purpose of carrying out the transmission in the network.
5
Paragraph (4) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
Exception for caching
6
1
This regulation applies to information which —
a
is provided by a recipient of the service; and
b
is the subject of automatic, intermediate and temporary storage which is solely for the purpose of making the onward transmission of the information to other recipients of the service at their request more efficient.
2
A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in the transmission in a communication network of information to which this regulation applies if —
a
the service provider does not modify the information;
b
he complies with any conditions attached to having access to the information;
c
in a case to which paragraph (3) applies, the service provider expeditiously removes the information or disables access to it.
3
This paragraph applies if the service provider obtains actual knowledge that —
a
the information at the initial source of the transmission has been removed from the network;
b
access to such information has been disabled; or
c
a court or administrative authority has ordered the removal from the network of, or the disablement of access to, such information.
Exception for hosting
7
1
A service provider is only capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if —
a
the service provider knew when the information was provided that it was threatening and was provided with the intention of stirring up religious hatred; or
b
upon obtaining actual knowledge that the information was threatening and was provided with the intention of stirring up religious hatred, the service provider did not expeditiously remove the information or disable access to it.
2
Paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.
Tony McNulty
Minister of State
Home Office
24th August 2007


text:
This Order may be cited as the General Dental Council (Appointments Committee and Appointment of Members of Committees) (Amendment) Rules Order of Council 2007 and shall come into force on 23rd October 2007.
Judith Simpson
Clerk of the Privy Council


text:
PART 1
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 and shall come into force on 6th April 2007.
2
These Regulations apply in relation to the display of advertisements on sites in England only.
3
Parts 2 and 3 of these Regulations do not apply to the display of an advertisement of a description set out in column (1) of Schedule 1 to these Regulations so long as —
a
the display complies with the conditions and limitations specified in column (2) of that Schedule as applicable to advertisements of that description; and
b
except in the case of an advertisement within Class F, all the conditions specified in Schedule 2 are complied with;
c
in the case of an advertisement within Class F, the requirements of paragraphs 1 to 3 and 5 of the standard conditions are complied with.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Town and Country Planning Act 1990;
“advertisement” does not include —
anything employed wholly as a memorial or as a railway signal; or
a placard or other object borne by an individual or an animal;
“advertiser”, in relation to an advertisement, means —
the owner of the site on which the advertisement is displayed;
the occupier of the site, if different; and
any other person who undertakes or maintains the display of the advertisement;
and any reference in these Regulations to the person displaying an advertisement shall be construed as a reference to the advertiser;
“amenity” includes aural and visual amenity;
“Area of Outstanding Natural Beauty” means an area designated as such by an order made under section 82 of the Countryside and Rights of Way Act 2000 ;
“area of special control” means an area designated by an order under regulation 20;
“balloon” means a tethered balloon or similar object;
“deemed consent” means consent granted by regulation 6;
“discontinuance notice” means a notice served under regulation 8;
“electronic communication” means an electronic communication within the meaning of the Electronic Communications Act 2000 , the processing of which on receipt is intended to produce writing;
“electronic communications code operator” means —
a provider of an electronic communications network in whose case the electronic communications code applies by virtue of a direction given by OFCOM under section 106 of the Communications Act 2003 ; and
a person who, by virtue of paragraph 17(1) and (2) of Schedule 18 to that Act, is treated after the commencement of that section as a person in whose case that code applies by virtue of a direction given by OFCOM;
“electronically” means by electronic communication;
“express consent” has the meaning given by regulation 5;
“highway authority” has the meaning given by sections 1 to 3 of the Highways Act 1980 ;
“highway land” means any land within the boundaries of a highway;
“illuminated advertisement” means an advertisement which is designed or adapted to be illuminated by artificial lighting, directly or by reflection, and which is so illuminated (whether continuously or from time to time);
“local planning authority” —
as regards land in a National Park, other than land within a metropolitan county, means the county planning authority for the area where the land is situated;
as regards land in the area of an urban development corporation, means (except in regulation 20) that corporation where it is the local planning authority for the purposes of sections 220 and 224 of the Act; and
as regards any other land, means the relevant district planning authority, metropolitan district or London borough council or urban development corporation;
“National Park” has the meaning given by section 5 of the National Parks and Access to the Countryside Act 1949 ;
“site” means any land or building, other than an advertisement, on which an advertisement is displayed;
“standard conditions” means the conditions specified in Schedule 2;
“statutory undertaker” includes, in addition to any person referred to in section 262(1) of the Act —
any person deemed to be a statutory undertaker under subsection (3) or (6) of that section ,
the British Airports Authority,
the Coal Authority or any licensed operator within the meaning of section 65(1) of the Coal Industry Act 1994 ,
any electronic communications code operator, and
any person who is a licence holder, or who has the benefit of a licence exemption, within the meaning of Part 1 of the Railways Act 1993 ,
and “statutory undertaking” shall be construed accordingly;
“traffic sign” has the meaning given by section 64(1) of the Road Traffic Regulation Act 1984 ;
“vehicle” includes a vessel on any inland waterway or in coastal waters; and
“working day” means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 .
2
Except in Class 15 in Schedule 3, any reference in these Regulations to the building, the land, the premises or the site on which an advertisement is displayed includes, in the case of an advertisement which is displayed on, or which consists of, a balloon, a reference to the building, the land, the premises or the site to which the balloon is attached and to all buildings, land or premises normally occupied therewith.
Powers to be exercised in the interests of amenity and public safety
3
1
A local planning authority shall exercise its powers under these Regulations in the interests of amenity and public safety, taking into account —
a
the provisions of the development plan, so far as they are material; and
b
any other relevant factors.
2
Without prejudice to the generality of paragraph (1)(b) —
a
factors relevant to amenity include the general characteristics of the locality, including the presence of any feature of historic, architectural, cultural or similar interest;
b
factors relevant to public safety include —
i
the safety of persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or military);
ii
whether the display of the advertisement in question is likely to obscure, or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by water or air;
iii
whether the display of the advertisement in question is likely to hinder the operation of any device used for the purpose of security or surveillance or for measuring the speed of any vehicle.
3
In taking account of factors relevant to amenity, the local planning authority may, if it thinks fit, disregard any advertisement that is being displayed.
4
Unless it appears to the local planning authority to be required in the interests of amenity or public safety, an express consent for the display of advertisements shall not contain any limitation or restriction relating to the subject matter, content or design of what is to be displayed.
Requirement for consent
4
1
Subject to paragraph (2), no advertisement may be displayed unless consent for its display has been granted —
a
by the local planning authority or the Secretary of State on an application in that behalf (referred to in these Regulations as “express consent”); or
b
by regulation 6 (referred to in these Regulations as “deemed consent”).
2
An advertisement to which, by virtue of regulation 1(3), Parts 2 and 3 of these Regulations do not apply may be displayed without express consent or deemed consent.
3
In determining an application for consent for the display of advertisements, the local planning authority may have regard to any material change in circumstances likely to occur within the period for which the consent is requested.
General effect of consent
5
A consent for the display of advertisements (whether deemed or express) shall have effect —
a
as consent for the use of the site for the purposes of the display of advertisements, whether by the erection of structures or otherwise; and
b
for the benefit of any person interested in the site.
PART 2
DEEMED CONSENT
Deemed consent for the display of advertisements
6
1
Subject to regulations 7 and 8, and in the case of an area of special control also to regulation 21, consent is granted for the display of an advertisement of any class specified in Part 1 of Schedule 3, subject to —
a
the standard conditions; and
b
in the case of any class other than Class 12, the conditions and limitations specified in that Part in relation to that class.
2
Part 2 of Schedule 3 applies for the interpretation of that Schedule.
Directions restricting deemed consent
7
1
If the Secretary of State is satisfied, upon a proposal made to her by the local planning authority, that the display of advertisements of any class or description specified in Schedule 3, other than Class 12 or 13, should not be undertaken in any particular area or in any particular case without express consent, she may direct that the deemed consent for that class or description shall not apply in that area or in that case, for a specified period or indefinitely.
2
Before making any such direction, the Secretary of State shall —
a
where the proposal relates to a particular area, publish, or cause to be published, in at least one newspaper circulating in the locality, and on the same or a subsequent date in the London Gazette, a notice that such a proposal has been made, naming a place or places in the locality where a map or maps defining the area concerned may be inspected at all reasonable hours; and
b
where the proposal relates to a particular case, serve, or cause to be served, on the owner and occupier of the land affected and on any other person who, to her knowledge, proposes to display on that land an advertisement of the class or description concerned, a notice that a proposal has been made, specifying the land and the class or description of advertisement concerned.
3
A notice under paragraph (2) shall state that any representation about the making of a direction may be made to the Secretary of State in writing within such period, being not less than 21 days from the date when the notice was first published or served (as the case may be), as is specified in the notice.
4
The Secretary of State shall not make a direction under this regulation until after the expiry of the specified period.
5
In determining whether to make a direction, the Secretary of State —
a
shall take into account any representation made in accordance with paragraph (3) (a “paragraph (3) representation”);
b
where any paragraph (3) representation consists of an objection, may give to the local planning authority and to any other person who has made a paragraph (3) representation, an opportunity of appearing before and being heard by a person appointed by her for the purpose; and
c
may modify the proposal of the local planning authority if —
i
she has given to that authority and every person who has made a paragraph (3) representation, notice in writing of her intention and the reasons for it and has given them a reasonable opportunity to respond; and
ii
the intended modification does not extend the area of land specified in the proposal.
6
Where the Secretary of State makes a direction, she shall send it to the local planning authority, with a statement of her reasons for making it, and shall send a copy of that statement to every person who has made a paragraph (3) representation.
7
Notice of the making of any direction for a particular area shall be published by the local planning authority in at least one newspaper circulating in the locality and, unless the Secretary of State otherwise directs, on the same or a subsequent date in the London Gazette, and such notice shall —
a
contain a full statement of the effect of the direction;
b
name a place or places in the locality where a copy of the direction and of a map defining the area concerned may be seen at all reasonable hours; and
c
specify a date when the direction shall come into force, being at least 14 and not more than 28 days after the first publication of the notice.
8
Notice of the making of any direction for a particular case shall be served by the local planning authority on the owner and on any occupier of the land to which the direction relates, and on any other person who, to the knowledge of the authority, proposes to display on that land an advertisement of the class or description concerned.
9
A direction for an area shall come into force on the date specified in the notice given under paragraph (7), and a direction for a particular case shall come into force on the date on which notice is served on the occupier or, if there is no occupier, on the owner of the land affected.
Discontinuance of deemed consent
8
1
Subject to paragraph (2), the local planning authority may, if it is satisfied that it is necessary to do so to remedy a substantial injury to the amenity of the locality or a danger to members of the public, serve a notice requiring the discontinuance of —
a
the display of a particular advertisement for which there is deemed consent; or
b
the use of a particular site for the display of advertisements for which there is deemed consent.
2
Paragraph (1) does not apply in relation to an advertisement that is within both Class 12 in Schedule 3 and Class E or Class F in Schedule 1.
3
A discontinuance notice —
a
shall be served on the advertiser;
b
shall specify the advertisement or, as the case may be, the site to which the notice relates;
c
shall specify a period within which the display or the use of the site, as the case may be, is to be discontinued;
d
shall contain a statement of the reasons why the local planning authority —
i
considers that a substantial injury to the amenity of the locality or a danger to members of the public, as the case may be, has been caused; and
ii
considers it necessary to serve the notice; and
e
shall include the names and addresses of all persons on whom the notice has been served.
4
Subject to paragraphs (5) and (6), a discontinuance notice shall take effect at the end of the period (being at least 8 weeks after the date on which it is served) specified in the notice.
5
If an appeal is made to the Secretary of State under section 78 of the Act (as applied by regulation 17(3)), the notice shall be of no effect until the appeal is finally determined or withdrawn.
6
The local planning authority may, by notice served on every person on whom the discontinuance notice was served under paragraph (3) —
a
withdraw the discontinuance notice at any time before it takes effect; or
b
unless an appeal is made to the Secretary of State, from time to time vary the discontinuance notice by extending the period at the end of which the notice is to take effect.
7
For the purposes of paragraph (5), an appeal is finally determined —
a
if the period for bringing any further appeal has ended without an appeal having been made, or
b
if it is withdrawn or otherwise ceases to have effect.
8
In considering whether to serve a discontinuance notice, the local planning authority shall have regard to any material change in circumstances that has occurred.
PART 3
EXPRESS CONSENT
Applications for express consent
9
1
An application for express consent shall be made to the local planning authority.
2
Subject to paragraphs (6) and (7), the application shall be made electronically or in hard copy on a form published by the Secretary of State or a form substantially to the same effect.
3
The applicant shall —
a
include the particulars specified in the form; and
b
send with the application (whether electronically or otherwise) a plan which —
i
is drawn to an identified scale,
ii
shows the direction of North,
iii
identifies the location of the site by reference to at least two named roads, and
iv
identifies the proposed position of the advertisement.
4
Unless an application is made electronically or the local planning authority indicates that a lesser number is required, three copies of the completed form and the plan shall accompany the application.
5
Where the application is one to which directions given by the Secretary of State under regulation 11 apply, the applicant shall send with the application (whether electronically or otherwise) such particulars, plans or information specified or referred to in those directions as may have been notified to the applicant by the local planning authority.
6
An application made on or after 6th April 2007 and before 1st October 2007, may be made in writing on a form devised by the local planning authority.
7
An application made after 30th September 2007 and before 1st November 2007 otherwise than by a local planning authority or an interested planning authority, may be made in writing on a form devised by the local planning authority.
8
Where an application is made electronically, the applicant shall be taken to have agreed —
a
to the use by the authority of electronic communication for the purposes of his application;
b
that his address for that purpose is the address incorporated into, or otherwise logically associated with, his application; and
c
that his deemed agreement under this paragraph shall subsist until he gives notice in writing —
i
withdrawing any address notified to the authority for that purpose, or
ii
revoking that deemed agreement,
and such withdrawal or revocation shall be final and shall take effect on a date specified by the person in the notice but not less than seven days after the date on which the notice is given.
9
An application made electronically shall, unless the contrary is proved, be treated as having been delivered at 9 a.m. on the next working day after the day on which it is transmitted.
10
This regulation applies to applications for renewal of consent as it applies to applications for consent.
11
An application for the renewal of an express consent may not be made more than 6 months before the date on which the consent is due to expire.
Application of section 77 of the Act to applications for express consent
10
1
Section 77 of the Act (reference of applications to Secretary of State) shall apply to applications for express consent made by an interested planning authority subject to —
a
in subsection (1), the substitution, for “applications for planning permission, or for the approval of any local planning authority required under a development order”, of “applications for the display of advertisements pursuant to regulations made under section 220 of this Act”; and
b
the omission of subsections (4) and (6).
2
Where the Secretary of State gives a direction under section 77 of the Act in respect of an application for express consent, regulations 13 to 16 shall apply to that application as if —
a
references to the local planning authority (in whatever terms) were references to the Secretary of State;
b
regulation 13(1)(c) were omitted; and
c
in regulation 16(1), for “applicant” there were substituted “interested planning authority”.
Secretary of State’s directions
11
The Secretary of State may give directions to a local planning authority, either generally or in relation to a particular case or class of case, specifying the kinds of particulars, plans or information that are to accompany an application for express consent.
Receipt of applications
12
On receipt of an application for express consent, the local planning authority —
a
shall send an acknowledgement to the applicant;
b
may direct the applicant to provide one of the authority’s officers with such evidence as may reasonably be called for to verify any particulars or information given to the authority; and
c
if it is the county planning authority, shall send a copy of the application and the accompanying plan to the district planning authority within whose area any part of the application site is situated.
Duty to consult
13
1
Before granting an express consent, the local planning authority shall consult —
a
any neighbouring local planning authority, any part of whose area appears likely to be affected;
b
where the application relates to land in a National Park, other than land within a metropolitan county, the district planning authority for the area in which the land is situated;
c
where the authority considers that a grant of consent may affect the safety of persons using any trunk road (as defined in section 329 of the Highways Act 1980 ), the Secretary of State for Transport;
d
where the authority considers that a grant of consent may affect the safety of persons using any railway, waterway, dock, harbour or aerodrome (civil or military), the person responsible for its operation and, in the case of coastal waters, the Corporation of Trinity House; and
e
where the application —
i
relates to an advertisement with moving features, moving parts or flashing lights, and
ii
is visible from a highway,
the highway authority.
2
The local planning authority shall give to those with whom consultation is required at least 14 days' notice that the relevant application is to be considered and shall take into account, in dealing with the application, any representations made in response to that consultation.
Power to deal with applications
14
1
Where an application for express consent is made to the local planning authority, the authority may —
a
grant consent, in whole or in part, subject to the standard conditions and, subject to paragraphs (6) and (7), to such additional conditions as it thinks fit;
b
refuse consent; or
c
in a case to which paragraph (2) applies, decline to determine the application.
2
This paragraph applies where the application relates to an advertisement to which section 70A of the Act, as modified as mentioned in paragraph (3), applies.
3
For the purposes of this regulation, section 70A of the Act shall apply subject to the modifications specified in Part 1 of Schedule 4; and the provisions of that section as so modified are set out in Part 2 of that Schedule.
4
Express consent may be granted —
a
for the display of a particular advertisement or advertisements with or without illumination;
b
for the use of a particular site for the display of advertisements in a specified manner, whether by reference to the number, siting, size or illumination of the advertisements, or the structures intended for such display, or the design or appearance of any such structure, or otherwise; or
c
for the retention of any display of advertisements or the continuation of the use of a site begun before the date of the application.
5
The conditions imposed under paragraph (1)(a) may, in particular, include conditions —
a
regulating the display of advertisements to which the consent relates;
b
regulating the use for the display of advertisements of the site to which the application relates or any adjacent land under the control of the applicant, or requiring the carrying out of works on any such land;
c
requiring the removal of any advertisement or the discontinuance of any use of land authorised by the consent, at the end of a specified period, and the carrying out of any works required for the reinstatement of the land.
6
In relation to the display of an advertisement within any class specified in Part 1 of Schedule 3, the local planning authority shall not impose any condition more restrictive than those imposed by regulation 6(1)(b) in relation to advertisements of that class.
7
Subject to paragraph (6), an express consent shall be subject to the condition that it expires at the end of —
a
such period as the local planning authority may specify in granting the consent; or
b
where no period is so specified, a period of 5 years.
8
The local planning authority may specify, as the date on which the period under paragraph (7)(a) is to begin, whichever is the earlier of —
a
the date of the commencement of the display; and
b
a specified date not later than 6 months after the date on which the consent is granted.
Applications by interested planning authorities
15
1
An application made by an interested planning authority (whether solely or jointly with any other person) for express consent to display an advertisement shall be determined by the authority concerned unless the application is referred to the Secretary of State under section 77 of the Act for determination by her.
2
Any consent granted pursuant to paragraph (1) shall expire —
a
at the end of such period as the authority may specify in granting the consent;
b
where no period is so specified, at the end of a period of 5 years; or
c
on the date on which the interested planning authority ceases (whether solely or jointly) to display the advertisement,
whichever is the earlier.
Notification of decision
16
1
The grant or refusal by a local planning authority of an application for express consent shall be notified in writing to the applicant within a period of 8 weeks from the date of the receipt of the application or such longer period as the applicant may, before the expiry of that period, agree in writing .
2
The authority shall state in writing its reasons for —
a
any refusal of consent in whole or in part;
b
the imposition of any condition under regulation 14(1)(a), other than —
i
a standard condition;
ii
a condition specified in Part 1 of Schedule 3 in relation to a class within which the advertisement falls; and
c
the imposition of a condition whereby the consent expires before the expiry of 5 years from the date on which it is granted, unless the period specified in the condition is a period proposed by the applicant.
Appeals to the Secretary of State
17
1
Sections 78 and 79 of the Act shall apply in relation to applications for express consent under these Regulations subject to the modifications specified in Part 3 of Schedule 4.
2
The provisions of those sections, as so modified, are set out in Part 4 of that Schedule.
3
Where a discontinuance notice is served under regulation 8, sections 78 and 79 of the Act shall apply in relation to that notice subject to the modifications specified in Part 5 of that Schedule.
Revocation or modification of express consent
18
1
Subject to paragraphs (3) and (4), if a local planning authority is satisfied that it is expedient to do so, it may by order revoke or modify an express consent.
2
Without prejudice to the generality of paragraph (1), a local planning authority may have regard to any material change in circumstances that has occurred since the consent was granted.
3
An order under paragraph (1) shall not take effect without the approval of the Secretary of State.
4
The power to make an order under this regulation may be exercised —
a
in a case which involves the carrying out of building or other operations, at any time before those operations have been completed;
b
in any other case, at any time before the display of advertisements is begun.
5
When an authority submits an order under paragraph (1) to the Secretary of State for approval, it shall serve notice on the person who applied for the express consent, the owner and any occupier of the land affected and any other person who, in the authority’s opinion, will be affected by the order, specifying a period of at least 28 days from the date of service of the notice within which objection may be made.
6
If, within the period specified in the notice, an objection to the order is received by the Secretary of State from any person on whom notice was served, the Secretary of State shall, before considering whether to approve the order, give to that person and to the local planning authority an opportunity of appearing before and being heard by a person appointed by her.
7
In considering whether to approve an order submitted to her under this regulation, the Secretary of State may have regard to any material change in circumstances that has occurred since the consent was granted.
8
The Secretary of State may approve an order submitted to her under this regulation either without modification or subject to such modifications as she considers expedient.
9
Where the Secretary of State approves an order submitted to her under this regulation, the local planning authority shall, within 14 days of the receipt of the Secretary of State’s decision, send to every person notified under paragraph (5) notice of the Secretary of State’s approval.
10
An order which has been approved under this regulation shall take effect on the day after that on which the local planning authority complies with the requirements of paragraph (9).
11
Where an order is made in a case to which paragraph (4)(a) applies, the revocation or modification of consent shall not affect such operations as have been carried out before the date on which, in accordance with paragraph (5), notice of the order is served.
Compensation for revocation or modification
19
1
Where —
a
an order under regulation 18 takes effect; and
b
within 6 months of its approval a claim in writing is served on the local planning authority, either by delivery at or by post to the authority’s offices,
the authority shall pay compensation to the claimant for any loss or damage suffered in the circumstances and to the extent specified in paragraph (2).
2
Compensation is payable if, and to the extent that, the claimant has —
a
incurred expenditure in carrying out abortive work, including the preparation of plans or similar material;
b
otherwise sustained loss or damage directly attributable to the order, other than loss or damage consisting of any depreciation in value of any interest in land,
but compensation is not payable for work done, or loss or damage arising out of anything done or not done, before the grant of consent.
PART 4
AREAS OF SPECIAL CONTROL
Area of special control orders
20
1
Every local planning authority shall from time to time consider whether any part or additional part of its area should be designated as an area of special control.
2
An area of special control shall be designated by an area of special control order made by the local planning authority and approved by the Secretary of State, in accordance with the provisions of Schedule 5.
3
An area of special control order may be revoked or modified by a subsequent order made by the authority and approved by the Secretary of State, in accordance with the provisions of Schedule 5.
4
Where an area of special control order is in force the local planning authority shall consider at least once in every 5 years whether it should be revoked or modified.
5
Before making an order under this regulation, a local planning authority shall consult —
a
where it appears to the authority that the order will be likely to affect any part of the area of a neighbouring local planning authority, that authority;
b
where the order will relate to any land in a National Park, other than land in a metropolitan county, any district planning authority within whose area any of that land is situated.
6
A local planning authority shall not exercise its functions under this regulation in the interests of public safety and, in particular, shall disregard the factors mentioned in regulation 3(2)(b).
Control in areas of special control
21
1
Subject to the provisions of this regulation, no advertisement may be displayed in an area of special control unless it falls within one or more of the following —
a
any Class in Schedule 1;
b
any of Classes 1 to 3, 5 to 7 and 9 to 14 in Schedule 3;
c
paragraph (2).
2
An advertisement falls within this paragraph if it is displayed with express consent and —
a
it is a hoarding or similar structure to be used only for the display of notices relating to local events, activities or entertainments;
b
it is —
i
for the purpose of announcement or direction in relation to buildings or other land in the locality; and
ii
reasonably required having regard to the nature and situation of such buildings or other land;
c
it is required in the interests of public safety;
d
it could be displayed by virtue of paragraph (1)(b) but for —
i
a condition or limitation imposed by regulation 6(1)(b) as respects size, height from the ground, number or illumination; or
ii
a direction under regulation 7; or
e
it falls within Class 4A, 4B or 8 in Schedule 3.
3
Express consent may not be granted for the display in an area of special control of an illuminated advertisement falling within paragraph (2)(a) or (b).
4
Where an area is designated as an area of special control, advertisements of any description in column (1) of the Table below, which are being displayed in that area immediately before the area of special control order comes into force, may continue to be displayed, but only for the period specified in column (2) as applicable to advertisements of that description.
Table
(1) Description (2) Period
An advertisement within Class 4 in Schedule 3 (illuminated advertisements on business premises) for which express consent has not been granted. 5 years from the date on which the area of special control order comes into force. An advertisement within Class 8 in Schedule 3 (advertisements on hoardings) for which express consent has not been granted.
Whichever is the longer of —
1 year from the date on which the area of special control order comes into force; and
2 years from the date on which the advertisement was first displayed.
An advertisement for which express consent has been granted.
Whichever is the longer of —
6 months from the date on which the area of special control order comes into force; and
the remainder of the period of the express consent.
5
Nothing in paragraphs (1) to (4) shall —
a
affect a notice served at any time under regulation 8;
b
override any condition, imposed on a consent, which requires the removal of an advertisement;
c
restrict the powers of a local planning authority, or of the Secretary of State, in regard to any contravention of these Regulations;
d
render unlawful the display, pursuant to —
i
express consent; or
ii
deemed consent by virtue of Class 14 in Schedule 3,
of an advertisement referred to in paragraph (2)(d) or (e).
PART 5
MISCELLANEOUS
Documents in electronic form
22
1
The requirements —
a
of regulation 7(8) (notice of direction restricting deemed consent in a particular case);
b
of regulation 8(3) and (6) (service, withdrawal and variation of discontinuance notice);
c
of regulation 18(5) (notice of modification or revocation of express consent);
d
of paragraphs 4, 7 and 8 of Schedule 5, and of paragraphs 4 and 8 as applied as mentioned in paragraph 11 of that Schedule (notice of making, modification or revocation of area of special control order),
are not capable of being satisfied by transmitting the notice electronically or by making it available on a web-site.
2
A claim for compensation under regulation 19 may not be made electronically or by making it available on a web-site.
3
The delivery of any other document to a person (“the recipient”) may be effected for any purpose of these Regulations other than the purposes of regulation 9 —
a
by transmitting it electronically, or
b
by making it available on a web-site,
but only if it is transmitted or made available in accordance with paragraph (4) or (6).
4
A document is transmitted electronically in accordance with this paragraph if —
a
the recipient has agreed that documents may be delivered to him by being transmitted to an electronic address and in an electronic form specified by him for that purpose; and
b
the document is a document to which that agreement applies and is transmitted to that address in that form.
5
A document which is transmitted in accordance with paragraph (4) by means of an electronic communications network shall, unless the contrary is proved, be treated as having been delivered at 9 a.m. on the working day immediately following the day on which it is transmitted.
6
A document is made available on a web-site in accordance with this paragraph if —
a
the recipient has agreed that documents may be delivered to him by being made available on a web-site;
b
the document is a document to which that agreement applies and is made available on a web-site;
c
the recipient is notified, in a manner agreed by him, of —
i
the presence of the document on the web-site;
ii
the address of the web-site; and
iii
the place on the web-site where the document may be accessed.
7
A document made available on a web-site in accordance with paragraph (6) shall, unless the contrary is proved, be treated as having been delivered at 9 a.m. on the working day immediately following the day on which the recipient is notified in accordance with paragraph (6)(c).
8
In this regulation —
“electronic address” includes any number or address used for the purposes of receiving electronic communications; and
“electronic communications network” has the meaning given by section 32(1) of the Communications Act 2003 .
Repayment of expense of removing prohibited advertisements
23
The time limit prescribed for the purpose of making a claim for compensation under section 223 of the Act for the recovery of expenses reasonably incurred is a period of 6 months from the completion of the works.
Register of applications
24
1
Every local planning authority shall keep a register containing particulars of —
a
any application made to the authority for express consent for the display of an advertisement, including the name and address of the applicant, the date of the application and the type of advertisement concerned;
b
any direction given under these Regulations relating to the application;
c
the date and effect of any decision of the local planning authority on the application;
d
the date and effect of any decision of the Secretary of State on an appeal.
2
The register shall include an index to enable a person to trace any entry in the register.
3
Subject to paragraph (4), the register shall be kept at the principal office of the local planning authority.
4
Any part of the register which relates to land within a particular part of the area of the local planning authority may be kept at a place within or convenient to that part of the authority’s area.
5
Every entry in the register consisting of particulars of an application shall be made within 14 days of the receipt of the application.
6
The register shall be open to public inspection at all reasonable hours.
Directions requiring information
25
The Secretary of State may give a direction to a local planning authority, or to such authorities generally, requiring them to provide her with information required for the purpose of any of her functions under these Regulations.
Exercise of powers by the Secretary of State
26
1
If it appears to the Secretary of State, after consultation with the local planning authority, that —
a
a discontinuance notice should be served under regulation 8; or
b
an area of special control order, or an order revoking such an order, should be made under regulation 20,
she may herself serve such a notice or make an order.
2
Where the Secretary of State exercises her powers under paragraph (1) —
a
regulations 8 and 17 (in relation to sub-paragraph (a) of that paragraph); and
b
regulation 20 and Schedule 5 (in relation to sub-paragraph (b) of that paragraph),
shall apply in relation to her as they apply in relation to a local planning authority as if for references to the local planning authority there were substituted references to the Secretary of State.
Discontinuance notice in respect of authority’s advertisement
27
1
If the Secretary of State is satisfied that it is necessary to remedy a substantial injury to the amenity of the locality or a danger to members of the public, she may serve a discontinuance notice under regulation 8 in relation to an advertisement displayed by an interested planning authority.
2
Paragraphs (3) and (6) of regulation 8 shall apply in relation to a discontinuance notice served under paragraph (1) as they apply in relation to a discontinuance notice served by a local planning authority as if for references to the local planning authority there were substituted references to the Secretary of State.
3
Paragraph (3) of regulation 17 shall apply in relation to a discontinuance notice served under paragraph (1) as it applies in relation to a discontinuance notice served by a local planning authority, with such modifications as may be necessary.
Extension of time limits
28
The Secretary of State may, in any particular case, extend the time within which anything is required to be done under these Regulations or within which any objection, representation or claim for compensation may be made.
Cancellation or variation of directions
29
Any power conferred by these Regulations to give a direction includes power to cancel or vary the direction by a subsequent direction.
Contravention of Regulations
30
1
Subject to paragraph (2), a person displaying an advertisement in contravention of these Regulations shall be liable, on summary conviction of an offence under section 224(3) of the Act, to a fine of an amount not exceeding level 4 on the standard scale and, in the case of a continuing offence, one tenth of level 4 on the standard scale for each day during which the offence continues after conviction.
2
Paragraph (1) does not apply to the Crown .
Transitional provisions
31
Advertisements of any description in column (1) of the Table below, which are being displayed before these Regulations come into force, may continue to be displayed, but only for the period specified in column (2) as applicable to advertisements of that description.
Table
(1) Description (2) Period
An advertisement within any of the following classes in Schedule 3, for which express consent has not been granted:
a
Class 5 (advertisements on business premises),
b
Class 6 (an advertisement on a forecourt of business premises),
c
Class 15 (advertisements on balloons).
5 years from the date on which these Regulations come into force. An advertisement within Class 8 (advertisements on hoardings), for which express consent has not been granted. 3 years from the date on which these Regulations come into force. An advertisement within Class 16 in Schedule 3 (advertisements on telephone kiosks), for which express consent has not been granted. 2 years from the date on which these Regulations come into force.
Principal Regulations ceasing to have effect in relation to England, with savings
32
1
Subject to paragraphs (2) and (3), the Town and Country Planning (Control of Advertisements) Regulations 1992 (“the principal Regulations”) shall cease to have effect in relation to England.
2
Nothing in paragraph (1) shall affect —
a
any direction given by the Secretary of State under the principal Regulations in relation to matters affecting any part of England; or
b
any area of special control order made under the principal Regulations in relation to any part of England.
3
Subject to paragraph (4), the principal Regulations shall continue to have effect as respects England for the purposes of the consideration or determination of any application or appeal (or further appeal) made before the coming into force of these Regulations; and, accordingly, that consideration or determination shall be made by reference to the principal Regulations.
4
Where, in consequence of an order of any court (whenever made) the Secretary of State re-determines, after the coming into force of these Regulations, an application or appeal made under any provision of the principal Regulations, the re-determination shall be made by reference to these Regulations.
Signed by authority of the Secretary of Statefor Communities and Local Government
Yvette Cooper
Minister of State
Department for Communities and Local Government
8th March 2007


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Federation (Amendment) Regulations 2007 and shall come into force on 15th October 2007.
2
These Regulations extend to England and Wales.
Amendment to the Police Federation Regulations 1969
2
1
The Police Federation Regulations 1969 are amended as follows.
2
For regulation 16(4) (subscriptions etc ) substitute —
4
If at the end of any year the funds held by a branch board exceed —
a
£1,800 where the number of subscribing members is less than a hundred;
b
£18 for each subscribing member, where the number of such members is a hundred or more but less than five hundred or, in the case of the metropolitan police force, a hundred or more but less than one thousand;
c
£9,000 where the number of subscribing members is five hundred or more or, in the case of the metropolitan police force, £18,000 where the number of such members is one thousand or more,
the board may pay such amount of the excess as they think fit to the joint branch board and shall pay the remainder of the excess (if any) to the appropriate central committee.
.
Revocation
3
Regulation 3 of the Police Federation (Amendment) Regulations 1975 is revoked.
Tony McNulty
Minister of State
Home Office
12th September 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 and shall come into force after the expiry of 14 days beginning with the day on which it is made.
2
In this Order “ the Act ” means the Sexual Offences Act 2003.
Amendment of Schedule 3 to the Sexual Offences Act 2003
2
1
Schedule 3 to the Act is amended as follows.
2
After paragraph 29 insert–
29A An offence under section 48 of this Act (causing or inciting child prostitution or pornography) if the offender –
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
29B An offence under section 49 of this Act (controlling a child prostitute or a child involved in pornography) if the offender –
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
29C An offence under section 50 of this Act (arranging or facilitating child prostitution or pornography) if the offender –
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
.
3
After paragraph 89 insert –
89A An offence under section 48 of this Act (causing or inciting child prostitution or pornography) if the offender –
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
89B An offence under section 49 of this Act (controlling a child prostitute or a child involved in pornography) if the offender –
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
89C An offence under section 50 of this Act (arranging or facilitating child prostitution or pornography) if the offender –
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
.
Amendment of Schedule 5 to the Sexual Offences Act 2003
3
1
Schedule 5 to the Act is amended as follows.
2
After paragraph 4 insert –
4A Outraging public decency.
.
3
After paragraph 31 insert –
31A An offence under section 1 of the Theft Act 1968 (c.60) (theft).
.
4
In paragraph 32, for “the Theft Act 1968 (c.60) ” substitute “that Act”.
5
For paragraph 33 substitute –
An offence under section 9(1)(a) of that Act (burglary with intent to steal, inflict grievous bodily harm or do unlawful damage).
.
6
After paragraph 43 insert –
43A An offence under section 1 of the Child Abduction Act 1984 (c. 37) (offence of abduction of child by parent, etc ).
43B An offence under section 2 of that Act (offence of abduction of child by other persons).
.
7
After paragraph 56 insert –
56A An offence under section 2 of the Protection from Harassment Act 1997 (c. 40) (offence of harassment).
.
8
In paragraph 57, for “the Protection from Harassment Act 1997 (c. 40) ” substitute “that Act”.
9
After paragraph 60 insert –
60A An offence under section 85(3) or (4) of the Postal Services Act 2000 (c. 26) (prohibition on sending certain articles by post).
.
10
After paragraph 61 insert –
61A An offence under section 127(1) of the Communications Act 2003 (c. 21) (improper use of public electronic communications network).
.
11
For paragraph 63 substitute –
An offence under any of sections 51 to 53 or 57 to 59 of this Act.
.
12
After paragraph 117 insert –
117A Outraging public decency.
.
13
After paragraph 138 insert –
138A An offence under section 9(1)(a) of that Act (riotous, disorderly and indecent behaviour, etc).
.
14
After paragraph 139 insert –
139A An offence under section 1 of the Theft Act (Northern Ireland) 1969 (c.16) (basic definition of theft).
.
15
In paragraph 140, for “the Theft Act (Northern Ireland) 1969 (c. 16) ” substitute “that Act”.
16
For paragraph 141 substitute –
An offence under section 9(1)(a) of that Act (burglary with intent to steal, inflict grievous bodily harm or do unlawful damage).
.
17
After paragraph 154 insert –
154A An offence under Article 3 of the Child Abduction (Northern Ireland) Order 1985 ( S.I. 1638 (N.I. 17) ) (offence of abduction of child by parent).
154B An offence under Article 4 of that Order (offence of abduction of child by other person).
.
18
After paragraph 165 insert –
165A An offence under Article 4 of the Protection from Harassment (Northern Ireland) Order 1997 ( S.I. 1997/1180) (N.I. 9) ) (offence of harassment).
.
19
In paragraph 166, for “the Protection from Harassment (Northern Ireland) Order 1997 ( S.I. 1997/1180 (N.I. 9) ” substitute “that Order”.
20
After paragraph 168 insert –
168A An offence under section 85(3) or (4) of the Postal Services Act 2000 (c. 26) (prohibition on sending certain articles by post).
.
21
After paragraph 169 insert –
169A An offence under section 127(1) of the Communications Act 2003 (c. 21) (improper use of public electronic communications network).
.
22
For paragraph 171 substitute –
An offence under any of sections 51 to 53 or 57 to 59 of this Act.
.
Vernon Coaker
Parliamentary Under Secretary of State
Home Office
5th February 2007