text:
PART 1 INTRODUCTION
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Capital Requirements Regulations 2006 and come into force on 1 st January 2007.
2
In these Regulations —
“ the Act ” means the Financial Services and Markets Act 2000 ;
“application” unless the context otherwise requires means an application —
for a permission;
to vary or revoke a permission; or
to vary or revoke the terms and conditions to which a permission is subject;
“banking consolidation directive” means Council Directive 2006/48/ EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions;
“capital adequacy directive” means Council Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 relating to the capital adequacy of investment firms and credit institutions;
“decision” means a decision made by the EEA consolidated supervisor in relation to an application or a proposal;
“EEA consolidated supervisor” means the competent authority responsible, under the banking consolidation directive or under the banking consolidation directive as applied by Articles 2(2) and 37(1) of the capital adequacy directive, for the exercise of supervision on a consolidated basis of —
an EEA parent credit institution;
an EEA parent investment firm; or
credit institutions or investment firms controlled by an EEA parent financial holding company where the parent is authorised in a different EEA State to at least one of the subsidiaries;
“EEA parent credit institution” means a parent credit institution in an EEA State which is not a subsidiary of another credit institution or investment firm authorised in any EEA State, or of a financial holding company set up in any EEA State;
“EEA parent investment firm” means a parent investment firm in an EEA State which is not a subsidiary of another credit institution or investment firm authorised in any EEA State or of a financial holding company set up in any EEA State;
“EEA parent financial holding company” means a parent financial holding company in an EEA State which is not a subsidiary of another credit institution or investment firm authorised in any EEA State or of another financial holding company set up in any EEA State;
“joint decision” means a decision, made jointly by all relevant competent authorities and the EEA consolidated supervisor, in relation to an application or a proposal;
“national consolidated supervisor” means the competent authority responsible, under the banking consolidation directive or under the banking consolidation directive as applied by Articles 2(2) and 37(1) of the capital adequacy directive, for the exercise of supervision on a consolidated basis of —
a parent credit institution in an EEA State;
a parent investment firm in an EEA State; or
credit institutions or investment firms controlled by a parent financial holding company in an EEA State;
“parent credit institution in an EEA State” means a credit institution which has a credit institution, an investment firm or a financial institution as a subsidiary or which holds a participation in such an institution, and which is not itself a subsidiary of another credit institution or investment firm authorised in the same EEA State, or of a financial holding company set up in the same EEA State;
“parent investment firm in an EEA State” means an investment firm which has a credit institution, an investment firm or a financial institution as a subsidiary or which holds a participation in such an institution, and which is not itself a subsidiary of another credit institution or investment firm authorised in the same EEA State or of a financial holding company set up in the same EEA State;
“parent financial holding company in an EEA State” means a financial holding company which is not itself a subsidiary of a credit institution or investment firm authorised in the same EEA State, or of another financial holding company set up in the same EEA State;
“permission” means a permission referred to in Article 84(1) or 87(9) of the banking consolidation directive, an approval referred to in Article 105 or Annex III , Part 6 of the banking consolidation directive or recognition referred to in Annex V of the capital adequacy directive;
“proposal” means a proposal made by the EEA consolidated supervisor to vary or revoke a permission or vary or revoke the terms or conditions to which it is subject;
“relevant competent authority” means a competent authority which is not the EEA consolidated supervisor and which has authorised a subsidiary of an EEA parent credit institution, a subsidiary of an EEA parent investment firm or a subsidiary of an EEA parent financial holding company.
3
Save as provided by paragraph (2) —
a
any expression used in these Regulations which is used in the banking consolidation directive or the capital adequacy directive shall have the meaning given by those directives; and
b
any other expression used in these Regulations which is defined for the purposes of the Act has the meaning given by the Act.
PART 2 APPLICATIONS FOR PERMISSIONS
Application for permission
2
1
This regulation applies where the Authority is the EEA consolidated supervisor.
2
An application may be made to the Authority —
a
by an EEA parent credit institution and its subsidiaries;
b
by an EEA parent investment firm and its subsidiaries; or
c
jointly by the subsidiaries of an EEA parent financial holding company.
3
An application must be made in such manner as the Authority may direct.
Applications to the Authority as EEA consolidated supervisor
3
1
This regulation applies where the Authority is the EEA consolidated supervisor and has received an application.
2
The Authority must —
a
forward the complete application to the relevant competent authorities without delay;
b
work together, in full consultation with the relevant competent authorities, and do everything in its power to reach a joint decision within six months from the date on which it received the complete application; and
c
provide the applicants with a document containing the fully reasoned joint decision, if any.
3
If a joint decision is not made by the Authority and the relevant competent authorities within the period specified in paragraph (2)(b), the Authority must —
a
make its own decision on the application, taking account of the views and reservations of the relevant competent authorities expressed during that period; and
b
provide the applicant and the relevant competent authorities with a document containing the fully reasoned decision.
Applications forwarded to the Authority as a relevant competent authority
4
1
This regulation applies where the Authority is a relevant competent authority and has been forwarded a complete application by the EEA consolidated supervisor.
2
The Authority must work together, in full consultation with the EEA consolidated supervisor and the other relevant competent authorities, and do everything in its power to reach a joint decision within six months from the date on which the EEA consolidated supervisor received the complete application.
Proposals to vary or revoke a decision or joint decision
5
1
This regulation applies where the Authority is the EEA consolidated supervisor and intends to make a proposal.
2
The Authority must give written notice to those persons to whom the permission, which is the subject of the intended proposal, applies.
3
The notice must —
a
give details of the intended proposal; and
b
inform the persons to whom the permission applies that they may make representations to the Authority within such period as may be specified in the notice.
4
If after the period specified in the notice has expired the Authority makes the proposal, it must —
a
send the proposal and forward any representations received during that period to the relevant competent authorities;
b
work together, in full consultation with the relevant competent authorities, taking account of such representations and do everything in its power to reach a joint decision within six months from the date on which the proposal was made; and
c
provide the persons to whom the permission applies with a document containing the fully reasoned joint decision, if any.
5
If a joint decision is not made by the Authority and the relevant competent authorities within the period specified in paragraph (4)(b), the Authority must —
a
make its own decision on the proposal, taking account of the views and reservations of the relevant competent authorities expressed during that period and of any representations made by the persons to whom the permission applies;
b
provide the persons to whom the permission applies and the relevant competent authorities with a document containing the fully reasoned decision.
6
Where the Authority is a relevant competent authority and receives a proposal from the EEA consolidated supervisor, it must work together, in full consultation with the EEA consolidated supervisor and the other relevant competent authorities, and do everything in its power to reach a joint decision within six months from the date on which the proposal was made.
Recognition and application of a decision or joint decision
7
The Authority must recognise a decision or a joint decision as determinative and apply it in respect of any authorised person to whom the banking consolidation directive or the capital adequacy directive applies.
Exercise of functions under section 148 of the Act for the purpose of applying a decision or a joint decision
8
1
The Authority may exercise the powers conferred by section 148 of the Act (modification or waiver of rules) if it appears desirable to do so for the purpose of applying a decision or a joint decision.
2
In such a case the requirements contained in —
a
subsections (2) and (9)(b) of section 148 for the Authority’s powers to be exercisable only on the application or with the consent of an authorised person; and
b
section 148(4),
shall not apply.
9
1
Where the Authority proposes to exercise the powers conferred by section 148 of the Act in relation to an authorised person for the purpose of applying a decision or a joint decision, other than on the application or with the consent of that person, it must give him written notice and have regard to any representations received within such period as is specified in the notice.
2
The notice must —
a
give details of any proposed direction or variation of a direction;
b
give details of any proposed conditions;
c
inform the person that, within such period as may be specified in the notice, he may make representations to the Authority;
d
inform the person when the proposed direction, variation or condition takes effect.
PART 3 EXERCISE OF SUPERVISION
The Authority’s duties as an EEA consolidated supervisor
10
Regulations 11 and 12 apply where the Authority is the EEA consolidated supervisor.
11
1
The Authority must take such steps, in going concern and emergency situations, as it considers appropriate —
a
to co-ordinate the gathering and dissemination of relevant or essential information; and
b
in co-operation with the relevant competent authorities, to plan and co-ordinate supervisory activities.
2
The Authority must provide a relevant competent authority with all information which the Authority considers to be essential for the exercise of the relevant competent authority’s supervisory tasks.
3
For the purposes of this regulation, information shall be regarded as essential if it could materially influence the assessment of the financial soundness of a credit institution, financial institution or investment firm in another EEA State. In particular essential information shall include:
a
the group structure of all major credit institutions or investment firms in a group;
b
the relevant competent authorities of the credit institutions or investment firms in a group;
c
procedures for the collection and verification of information from credit institutions or investment firms in a group;
d
adverse developments in credit institutions or investment firms or in other entities of a group, which could seriously affect other credit institutions or investment firms of that group;
e
major sanctions and exceptional measures taken by the EEA consolidated supervisor or any of the relevant competent authorities under the banking consolidation directive or under the banking consolidation directive as applied by Articles 2(2) and 37(1) of the capital adequacy directive.
12
1
On request, the Authority must provide a relevant competent authority with all the information which the Authority considers to be relevant for the exercise of the relevant competent authority’s supervisory tasks.
2
In determining the extent of relevant information, the Authority must have regard to the importance of the subsidiary within the financial system of the EEA State in which it is authorised.
The Authority’s duties as EEA consolidated supervisor or national consolidated supervisor
13
Regulations 14, 15 and 16 apply where the Authority is either the EEA consolidated supervisor or the national consolidated supervisor.
14
1
Where an emergency situation arises within a banking group which potentially jeopardises the stability of the financial system in any EEA State where an entity of a group has been authorised, the Authority must notify as soon as practicable —
a
the central bank and other bodies with a similar function in their capacity as monetary authorities; and
b
the department of the central government administration responsible for legislation on the supervision of credit institutions, financial institutions, investment services and insurance companies;
of the EEA State in which the entity has been authorised.
2
The Authority, in notifying any body under paragraph (1), may share any information which it is not prevented from disclosing.
15
The Authority must, so far as necessary to facilitate and establish effective supervision and wherever possible, have written co-ordination and co-operation agreements in place with other competent authorities.
16
1
Where the Authority is considering, in relation to a credit institution, an investment firm or a financial institution, whether to take action against that person which it considers will impose a major sanction or exceptional measure it must, before making a decision, consult the EEA consolidated supervisor, and where its decision would be of importance to a competent authority’s supervisory tasks, that authority.
2
Paragraph (1) does not apply where the Authority considers that —
a
there is an urgent need to act; or
b
such consultation may jeopardise the effectiveness of the decision referred to in paragraph (1).
3
Where paragraph (1) does not apply by virtue of paragraph (2), the Authority must, without delay, inform the EEA consolidated supervisor and the other competent authorities referred to in paragraph (1) of the action that it has taken.
4
In this regulation, the Authority may impose a major sanction or exceptional measure by —
i
varying a Part IV permission;
ii
exercising any of the powers conferred on it by section 148 of the Act;
iii
publishing a statement under section 205 of the Act (public censure);
iv
imposing a penalty in respect of a contravention under section 206 of the Act (financial penalties);
v
exercising any of its powers (other than its powers under section 381, 383 or 384(2)) under Part XXV of the Act (injunctions and restitution).
Disclosed information
17
1
Where the Authority is the EEA consolidated supervisor or a national consolidated supervisor and it needs information which has already been given to another competent authority, it must, wherever possible, obtain that information by requesting that the other competent authority which holds the information disclose it to the Authority.
2
Where the Authority is the competent authority which has authorised a subsidiary of an EEA parent credit institution or a subsidiary of an EEA parent investment firm, and it needs information regarding the implementation of approaches and methodologies set out in the banking consolidation directive or the capital adequacy directive which may already be available to the EEA consolidated supervisor, it must, wherever possible, obtain that information by requesting that the EEA consolidated supervisor discloses the information to the Authority.
Amendment of the Financial Services and Markets Act 2000 (Consultation with Competent Authorities) Regulations 2001
18
The Financial Services and Markets Act 2000 (Consultation with Competent Authorities) Regulations 2001 are amended as follows.
19
In regulation 2, at the appropriate place, insert —
“capital adequacy directive” means Council Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 relating to the capital adequacy of investment firms and credit institutions;
“EEA consolidated supervisor” means the competent authority responsible, under Articles 71 or 72 of the banking consolidation directive or under Articles 71 or 72 of the banking consolidation directive as applied by Articles 2(2) and 37(1) of the capital adequacy directive, for the exercise of supervision of —
an EEA parent credit institution;
an EEA parent investment firm; or
credit institutions or investment firms controlled by an EEA parent financial holding company where the parent is authorised in a different EEA State to at least one of the subsidiary undertakings;
“EEA parent credit institution” means a parent credit institution in an EEA State which is not a subsidiary undertaking of another credit institution or investment firm authorised in any EEA State, or of a financial holding company set up in any EEA State;
“EEA parent investment firm” means a parent investment firm in an EEA State which is not a subsidiary undertaking of another credit institution or investment firm authorised in any EEA State or of a financial holding company set up in any EEA State;
“EEA parent financial holding company” means a parent financial holding company in an EEA State which is not a subsidiary undertaking of a credit institution or investment firm authorised in any EEA State or of another financial holding company set up in any EEA State;
“financial holding company” has the meaning given by Article 4(19) of the banking consolidation directive;
“relevant competent authority” means a competent authority which is not the EEA consolidated supervisor and which has authorised a subsidiary undertaking of an EEA parent credit institution, a subsidiary undertaking of an EEA parent investment firm or a subsidiary undertaking of an EEA parent financial holding company.
.
20
After regulation 7, insert —
8
1
Where paragraph (3) applies, the requirement specified by paragraph (5) is prescribed for the purposes of section 183(2) of the Act and so must be complied with by the Authority before it determines whether to approve the change of control or give a warning notice under section 183(3) or 185(3) of the Act.
2
Where paragraph (4) applies, the requirement specified by paragraph (5) is prescribed for the purposes of section 188(2) of the Act and so must be complied with by the Authority before it gives a warning notice under section 188(1) of the Act.
3
This paragraph applies where —
a
a person (“the acquirer”) proposes to acquire or has acquired control or an additional kind of control over a UK authorised person in circumstances falling within section 178(1) or (2) of the Act;
b
that UK authorised person is, or is controlled by, an EEA parent credit institution or an EEA parent investment firm or is controlled by an EEA parent financial holding company which is subject to supervision on a consolidated basis in accordance with the banking consolidation directive or with the banking consolidation directive as applied by Articles 2(2) and 37(1) of the capital adequacy directive.
4
This paragraph applies where —
a
a circumstance has arisen in respect of which the Authority may give a decision notice to a UK authorised person under section 187 of the Act;
b
that UK authorised person is, or is controlled by, an EEA parent credit institution or an EEA parent investment firm or is controlled by an EEA parent financial holding company which is subject to supervision on a consolidated basis in accordance with the banking consolidation directive or with the banking consolidation directive as applied by Articles 2(2) and 37(1) of the capital adequacy directive.
5
The requirement specified by this paragraph is that the Authority must consult —
a
the EEA consolidated supervisor where it considers that the action it proposes to take constitutes a major sanction or an exceptional measure; and
b
a relevant competent authority where it considers that the action it proposes to take constitutes a major sanction or an exceptional measure which is of importance for the supervisory tasks of that relevant competent authority.
6
Paragraphs (1) and (2) of this regulation do not apply where the Authority considers that —
a
there is an urgent need to act; or
b
such consultation may jeopardise the effectiveness of the actions referred to in paragraph (5),
but in such a case the Authority must, without delay, inform the EEA consolidated supervisor and the relevant competent authorities referred to in paragraph (5)(b) of the action that it has taken.
.
PART 4 CREDIT INSTITUTIONS AND EXTERNAL CREDIT ASSESSMENT INSTITUTIONS
Interpretation
21
In this Part —
“assessment methodology” means a methodology for assigning credit assessments;
“ ECAI ” means an external credit assessment institution;
“exposure risk-weighting purposes” means the purposes of determining the risk weight of an exposure in accordance with Article 80 of the banking consolidation directive;
“securitisation risk-weighting purposes” means the purposes of determining the risk weight of a securitisation position in accordance with Article 96 of the banking consolidation directive.
Recognition for exposure risk-weighting purposes
22
1
The Authority must recognise an ECAI as eligible for exposure risk-weighting purposes only if the Authority is satisfied, taking into account the requirements set out in Schedule 1, that —
a
the ECAI’s assessment methodology complies with the requirements of objectivity, independence, ongoing review and transparency; and
b
the ECAI’s credit assessments meet the requirements of credibility and transparency.
2
The Authority may recognise an ECAI as eligible for exposure risk-weighting purposes without carrying out its own evaluation process if the ECAI has been recognised as eligible for those purposes by a competent authority of another EEA State.
3
Where the Authority recognises an ECAI as eligible for exposure risk-weighting purposes, it must determine, taking into account the requirements set out in Schedule 2, with which of the credit quality steps set out in Part 1 of Annex VI of the banking consolidation directive the relevant credit assessments of the ECAI are to be associated.
4
The Authority’s determinations must be objective and consistent.
5
The Authority may recognise, without carrying out its own determination process, a determination of the kind mentioned in paragraph (3) which has been made by a competent authority of another EEA State.
Recognition for securitisation risk-weighting purposes
23
1
The Authority must recognise an ECAI as eligible for securitisation risk-weighting purposes only if the Authority is satisfied —
a
taking into account the requirements set out in Schedule 1, that —
i
the ECAI’s assessment methodology complies with the requirements of objectivity, independence, ongoing review and transparency; and
ii
the ECAI’s credit assessments meet the requirements of credibility and transparency; and
b
that the ECAI has a demonstrated ability in the area of securitisation.
2
A demonstrated ability in the area of securitisation may be evidenced by a strong market acceptance.
3
The Authority may recognise an ECAI as eligible for securitisation risk-weighting purposes without carrying out its own evaluation process if the ECAI has been recognised as eligible for those purposes by a competent authority of another Member State.
4
Where the Authority recognises an ECAI as eligible for securitisation risk-weighting purposes, it must determine with which of the credit quality steps set out in Part 4 of Annex IX of the banking consolidation directive the relevant credit assessments of the ECAI are to be associated.
5
The Authority’s determinations must be objective and consistent.
6
The Authority must, when making its determination —
a
differentiate between the relative degrees of risk expressed by each assessment; and
b
consider —
i
quantitative factors (such as default rates and loss rates); and
ii
qualitative factors (such as the range of transactions assessed by the ECAI and the meaning of the credit assessment).
7
The Authority must seek to ensure that securitisation positions to which the same risk weight is applied on the basis of credit assessments of eligible ECAIs are subject to equivalent degrees of credit risk and, for this purpose the Authority may modify its determination as to the credit quality step with which a credit assessment is to be associated.
8
The Authority may recognise, without carrying out its own determination process, a determination of the kind mentioned in paragraph (4) which has been made by a competent authority of another EEA State.
Publishing recognition process and list of ECAIs
24
The Authority must make publicly available —
a
an explanation of its recognition process, and
b
a list of eligible ECAIs.
Revoking recognition
25
The Authority may revoke the recognition of an ECAI —
a
where the ECAI is recognised in accordance with paragraph (1) of regulation 22 or, as the case may be, paragraph (1) of regulation 23 , if the Authority considers that the requirements of the applicable paragraph are no longer met; and
b
where an ECAI is recognised in accordance with paragraph (2) of regulation 22 or, as the case may be, paragraph (3) of regulation 23 , if the condition in the applicable paragraph is no longer met.
PART 5 MISCELLANEOUS
Restriction on disclosure
26
1
This regulation applies where —
a
a credit institution or investment firm does not meet a requirement of the banking consolidation directive, and
b
by adopting a relevant measure, the Authority requires the credit institution or investment firm to take the necessary action or steps at an early stage to address the situation.
2
A measure is relevant if its adoption —
a
obliges the credit institution or investment firm to hold own funds in excess of the minimum level laid down in Article 75 of the banking consolidation directive;
b
reinforces the arrangements, processes, mechanisms and strategies implemented to comply with Articles 22 and 123 of the banking consolidation directive;
c
requires the credit institution or investment firm to apply a specific provisioning policy or treatment of assets in terms of own funds requirements;
d
restricts or limits the business, operations or network of the credit institution or investment firm; or
e
requires the reduction of the risk inherent in the credit institution’s or investment firm’s activities, products and systems.
3
In such circumstances, sections 348, 349 and 352 of the Act apply to information about the adoption of the relevant measure —
a
in the same way as they apply in relation to confidential information within the meaning of section 348(2) of the Act (subject to paragraph (4) of that section), and
b
as if the Authority were a recipient of such information.
Functions of the Authority
27
Any function conferred by Part 2, 3 or 4 of these Regulations on the Authority (whether in the capacity of an EEA consolidated supervisor, a national consolidated supervisor, a relevant competent authority or otherwise) is to be treated as a function conferred on the Authority by a provision of the Act.
Service of notices
28
The Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001 applies to any document given under regulation 3, 5 or 9 as they apply to any notice, direction or document of any kind under the Act.
Consequential amendments to primary and secondary legislation
29
1
Schedule 3 (which amends the Act in consequence of the adoption of the banking consolidation directive) has effect.
2
Schedule 4 (which amends other primary legislation in consequence of the adoption of the banking consolidation directive) has effect.
3
Schedule 5 (which amends the Financial Conglomerates and other Financial Groups Regulations 2004 in consequence of the adoption of the banking consolidation directive and the capital adequacy directive) has effect.
4
Schedule 6 (which amends other secondary legislation in consequence of the adoption of the banking consolidation directive and the capital adequacy directive) has effect.
Dave Watts
Frank Roy
Two Lords Commissioners of Her Majesty’s Treasury
4th December 2006


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Pension Funds Pooling Schemes) (Amendment) Regulations 2006 and shall come into force on 16th May 2006.
Amendment to the Income Tax (Pension Funds Pooling Schemes) Regulations 1996
2
1
Amend the Income Tax (Pension Funds Pooling Schemes) Regulations 1996 as follows.
2
In regulation 4(2) (description of a pension funds pooling scheme) at the beginning insert “Subject to paragraph (2A),”.
3
After regulation 4(2) insert —
2A
Paragraph (2) does not apply if the unit trust scheme ceases to have the characteristics specified in paragraph (3) solely because it is wound up.
.
Vernon Coaker
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
24th April 2006


text:
1
This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Commencement No. 11) Order 2006.
2
Section 9 of the Nationality, Immigration and Asylum Act 2002 shall come into force —
a
on the day this Order is made, for the purpose only of enabling regulations to be made under section 50(9A) and (9B) of the British Nationality Act 1981 as substituted by section 9; and
b
on 1st July 2006, so far as not already in force.
3
The date appointed for the purpose of section 162(5) of the Nationality, Immigration and Asylum Act 2002 is 1st July 2006.
Liam Byrne
Minister of State
Home Office
5th June 2006


text:
Citation
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Japan) Order 2006.
Double taxation arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Convention set out in Part 1 of the Schedule to this Order, in the Protocol set out in Part 2 of that Schedule and in the Exchange of Notes constituting an Agreement set out in Part 3 of that Schedule, have been made with Japan with a view to affording relief from double taxation in relation to income tax, corporation tax and capital gains tax and taxes of a similar character imposed by the laws of Japan;
b
those arrangements include provisions with respect to the exchange of information foreseeably relevant to the administration or enforcement of the domestic laws of the United Kingdom and the laws of Japan concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
it is expedient that those arrangements should have effect.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and interpretation
1
1
This Order may be cited as the Railways Act 2005 (Commencement No.5) Order 2006.
2
In this Order, “ the Act ” means the Railways Act 2005.
Commencement
2
1
The following provisions of the Act shall come into force on 7th February 2006 —
a
section 2, to the extent that it relates to the provisions of Schedule 3 brought into force by paragraph (b); and
b
paragraphs 1 and 12 of Schedule 3.
2
The provisions of the Act specified in the Schedule shall come into force on 1st April 2006.
Signed by authority of the Secretary of State for Transport
Derek Twigg
Parliamentary Under Secretary of State
6th February 2006


text:
1
This Order may be cited as the A1 Trunk Road (B1174 Junction Improvement Gonerby Moor) (Detrunking) Order 2006 and shall come into force on 18th August 2006.
2
In this Order —
a
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instruments which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
b
“the plan” means the plan folio consisting of the key plan and the site plan numbered “HA 10/MP/050” and marked “The A1 Trunk Road (B1174 Junction Improvement Gonerby Moor) (Detrunking) Order 2006” signed by authority of the Secretary of State for Transport, DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
c
“the new trunk road” means the new highway which the Secretary of State proposes to construct referred to as “the new trunk roads” in article 2(2)(b) of the A1 Trunk Road (B1174 Junction Improvement Gonerby Moor) Order 2006 ;
d
“the trunk road” means the London to Edinburgh Trunk Road (A1)
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notifies Lincolnshire County Council that the new trunk road is open for traffic.
Signed by authority of the Secretary of State for Transport
I Scholey
A Divisional Director Highways Agency
3rd August 2006


text:
PART 1 General provisions
Title, application and commencement
1
1
These Regulations may be cited as the Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006 and apply to England only.
2
Regulation 38(c) comes into force on 30th September 2006 and the remaining provisions come into force on 10th October 2006.
Interpretation
2
1
In these Regulations —
“agriculture” has the same meaning as in section 109(3) of the Agriculture Act 1947 ;
“additional environmental information” means any additional information required under regulation 13(1) ;
“consent” means consent granted under regulation 16(1) ;
“consultation bodies” means —
the Historic Buildings and Monuments Commission for England (English Heritage) ;
the Environment Agency ;
any other public authority, statutory body or other organisation which Natural England or the Secretary of State considers has any interest in or holds any information which might be relevant to the project;
“cultivated” means cultivated by physical means (including ploughing and harrowing) or chemical means (including the application of fertilisers);
“ EEA State” means a member State, Norway, Iceland or Liechtenstein;
“the EIA Directive ” means Council Directive 85/337/ EEC on the assessment of the effects of certain public and private projects on the environment, as last amended by Directive 2003/35/ EC ;
“environmental statement” means a statement that includes —
as much of the information in Part 1 of Schedule 3 as is reasonably required to assess the environmental effects of the project and which the applicant for consent can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, and
at least the information referred to in Part 2 of Schedule 3;
“European site” means a site mentioned in paragraph (a), (b), (d) or (e) of regulation 10(1) of the Habitats Regulations ;
“the Habitats Directive ” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded ;
“the Habitats Regulations” means the Conservation (Natural Habitats, &c) Regulations 1994 ;
“project” means —
the execution of construction works or other installations or schemes; or
other interventions in the natural surroundings and landscape;
“the relevant land” means the land on which the project is to be (or has been) carried out;
“restructuring project” means a project for the restructuring of rural land holdings;
“screening decision” means a decision made by Natural England under regulation 8(1) or a decision deemed to be made by Natural England under regulation 8(7) ;
“screening notice” means a notice served under regulation 6(1) ;
“significant project” means an uncultivated land project or a restructuring project which Natural England has decided under regulation 8(1) , or is deemed to have decided under regulation 8(7) , is likely to have significant effects on the environment;
“uncultivated land” means land which has not been cultivated in the previous 15 years;
“uncultivated land project” means a project to increase the productivity for agriculture of uncultivated land or a semi-natural area, and includes projects to increase the productivity for agriculture of such land to below the norm.
2
Other expressions used both in these Regulations and in the EIA Directive or the Habitats Directive have the same meanings in these Regulations as they have in the relevant Directive.
3
All notifications, applications, notices, representations, requests, approvals and agreements under these Regulations must be made or given in writing.
4
“Writing” in paragraph (3), except where it applies to notices under regulation 6 , 25 and 27 , includes an electronic communication within the meaning of the Electronic Communications Act 2000 , but notifications required to be made by Natural England or by the Secretary of State to any person may only be made by an electronic communication if the intended recipient —
a
has himself used that form of electronic communication in communicating with Natural England or the Secretary of State (as the case may be) under any provision in these Regulations, or
b
has otherwise represented that that form of electronic communication is a means by which persons can communicate with him.
5
Subject to regulation 6(6) , notices or documents required or authorised to be served, sent or given under these Regulations may be sent by post.
Application of Regulations
3
1
These Regulations apply to any restructuring project or uncultivated land project, unless it is exempt under paragraph (2) or (3).
2
A restructuring project or an uncultivated land project is exempt if it —
a
is a project mentioned in regulation 3(2) of the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 ;
b
constitutes development to which the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 apply;
c
constitutes the carrying out of improvement works by a drainage body within the meaning of the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 ;
d
constitutes a relevant project under regulation 3(2) and (3) of the Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 ;
e
constitutes the removal of a hedgerow under regulation 5(1) of the Hedgerows Regulations 1997 ; or
f
constitutes the erection of any building or fence, or the construction of any other work, for which consent is required under section 194 of the Law of Property Act 1925 .
3
A project is exempt under this paragraph to the extent that the Secretary of State, in accordance with Article 2(3) of the EIA Directive, directs that it is to be exempt from regulations 4 to 36 of these Regulations.
4
In the case of a project which Natural England decides is likely to have a significant effect on a European site (either alone or in combination with other projects), the power to direct that the project is exempt under paragraph (3) is exercisable only to the extent that compliance with the Habitats Directive is secured in relation to the project.
5
Where the Secretary of State proposes to give a direction under paragraph (3), he must —
a
consider whether any other kind of assessment of the project would be appropriate; and
b
take such steps as he considers appropriate to bring to the attention of the public —
i
the information considered in making the direction and the reasons for doing so, and
ii
the information obtained from any assessment of the project under sub-paragraph (a).
PART 2 Screening
Requirement for a screening decision
4
1
A person must not begin or carry out an uncultivated land project or a restructuring project of an extent which is equal to or exceeds the threshold applicable to it (calculated in accordance with regulation 5) unless he has first obtained a screening decision permitting the project to proceed.
2
A person must not begin or carry out any uncultivated land project or restructuring project on land to which a relevant screening notice applies unless he has first obtained a screening decision permitting the project to proceed.
3
In this regulation, “relevant screening notice” means a screening notice which states that it applies to the type of project which is to be carried out.
Thresholds
5
1
This regulation provides the method for determining whether the extent of a project is equal to or exceeds the threshold applicable to it.
2
The threshold for a type of project specified in column 1 of Schedule 1 is set out in column 2 or 3.
3
Paragraphs (4) and (5) apply where a project consists of only one of the types of project specified in column 1.
4
Where a project is to be carried out wholly outside a sensitive area, the threshold applicable to it is that specified for that type of project in column 2.
5
Where a project, or any part of it, is to be carried out in a sensitive area, the threshold applicable to it is that specified for that type of project in column 3.
6
Where a project is made up of more than one of the types of project specified in column 1 —
a
each relevant part of the project must be assessed so as to determine the threshold applicable to that part, and
b
if any relevant part of the project equals or exceeds the threshold applicable to that part, then the entire project is to be treated as having an extent equal to or exceeding the threshold applicable to it.
7
In this regulation, “sensitive area” means —
a
an area of outstanding natural beauty designated as such by an Order made by the Countryside Agency or Natural England under section 82 of the Countryside and Rights of Way Act 2000 and duly confirmed by the Secretary of State under section 83(3) of that Act;
b
the Broads ;
c
a National Park within the meaning of the National Parks and Access to the Countryside Act 1949 ; or
d
a scheduled monument within the meaning of section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 .
Screening notices
6
1
Natural England may provide that thresholds do not apply to an area of land by serving a notice under this regulation.
2
Natural England may only serve a screening notice if —
a
it reasonably believes that an uncultivated land project or a restructuring project is likely to be carried out on the land;
b
the extent of the project would fall below the threshold applicable to it in the area where it would be carried out; and
c
it considers, in accordance with the selection criteria in Schedule 2, that the project would be likely to have significant effects on the environment.
3
A screening notice cannot —
a
apply for more than five years from the date it is served; or
b
relate to an area of land which is greater than the area on which Natural England reasonably considers the project is likely to be carried out and in any event —
i
in the case of a notice relating to uncultivated land projects, to an area greater than 20 hectares, or
ii
in the case of a notice relating to restructuring projects, to an area greater than 150 hectares.
4
A screening notice must —
a
state whether it applies to —
i
uncultivated land projects,
ii
restructuring projects, or
iii
both such projects;
b
contain the reasons why it is being served;
c
contain details of the land to which it applies and, in the case of a screening notice which applies to both uncultivated land projects and restructuring projects, details of which land is covered by which aspect of the notice;
d
contain the date on which it expires; and
e
explain the procedures for appealing against it.
5
A copy of the screening notice must be served on every owner and occupier of the land.
6
Section 329 of the Town and Country Planning Act 1990 (service of notices) applies to the service of copies of screening notices under paragraph (5).
Application for a screening decision
7
1
An application for a screening decision must —
a
be made to Natural England;
b
contain a plan sufficient to identify the relevant land;
c
contain a brief description of the nature, extent and purpose of the project and of its possible effects on the environment;
d
contain any other information or representations as the applicant may wish to provide or make.
2
If Natural England considers that it does not have sufficient information to make a screening decision it may ask the applicant to supply any additional information it requires.
3
Natural England must notify the applicant of the date on which it received the application for a screening decision.
The screening decision
8
1
Natural England must, in accordance with paragraph (2) and the selection criteria in Schedule 2, decide whether or not a project is likely to have significant effects on the environment.
2
If Natural England decides that a project is likely to have a significant effect on a European site (either alone or in combination with other projects), and the project is not directly connected with or necessary for the management of the site, the project shall be treated as being likely to have significant effects on the environment.
3
Before making a screening decision, Natural England may consult any of the consultation bodies.
4
After making a screening decision, Natural England must —
a
notify the applicant of it, with reasons;
b
enter it in a register, to which the public must have access at all reasonable times; and
c
where it considers that any of the consultation bodies might wish to be informed of the screening decision, notify those bodies of it.
5
Natural England must make a screening decision, and notify the applicant of it, within 35 days, or such longer period as may be agreed with the applicant, of either —
a
the date referred to in regulation 7(3) ; or
b
where applicable, the date Natural England receives any additional information it has requested under regulation 7(2) ,
whichever is the later.
6
If Natural England has failed to make or notify a screening decision within the period in paragraph (5) , the applicant may notify Natural England that he intends to treat that failure as a decision that the project is a significant project.
7
Where the applicant has so notified Natural England, Natural England is deemed to have decided on the date of that notification that the project is a significant project.
8
If, after Natural England has made, or is deemed to have made, a decision that the project is a significant project —
a
Natural England receives further information or representations; and
b
as a result of that further information or those representations Natural England decides that the project is not a significant project,
Natural England must take all the steps in paragraph (4) in respect of that new decision.
9
If the project to which a screening decision relates is not begun within a period of three years beginning with the date the screening decision —
a
is notified to the applicant; or
b
is deemed to have been taken under paragraph (7) ,
the screening decision ceases to have effect.
PART 3 Consent
Requirement for consent
9
A person must not begin or carry out a significant project unless he has first obtained consent from Natural England.
Scoping opinions
10
1
After receiving a screening decision that a project is a significant project, but before applying for consent, the applicant may ask Natural England to provide its opinion on what information should be provided in the environmental statement (“a scoping opinion”).
2
If the applicant requests a scoping opinion, Natural England must consult the applicant and such of the consultation bodies as it thinks fit before providing its opinion.
3
If Natural England considers that it does not have sufficient information to provide a scoping opinion, it may ask the applicant to supply any additional information it requires within 28 days of the date on which it received the request for the scoping opinion.
4
Natural England must provide the applicant with the scoping opinion within 5 weeks of —
a
the date it received the request for a scoping opinion; or
b
where applicable, the date it received the additional information requested under paragraph (3) .
Provision of information
11
1
This regulation applies if a consultation body —
a
is consulted by Natural England under regulation 10(2) ; or
b
receives a request for information from a person who intends to apply for consent.
2
Where this regulation applies, the consultation body must —
a
determine whether it has in its possession any information it considers relevant to the preparation of the environmental statement; and
b
subject to paragraphs (3) and (4) , make that information available to Natural England or the applicant (as the case may be) within 28 days of the date of the consultation or the request.
3
A consultation body may make a reasonable charge to the applicant for providing information under paragraph (2) (b) , to reflect the cost of making the information available.
4
Paragraph (2) (b) does not require a consultation body to make available to the applicant any information which —
a
it may refuse to disclose under regulation 12(1) of the Environmental Information Regulations 2004 ; or
b
it is prevented from disclosing by regulation 13(1) of those Regulations.
5
If a consultation body is not a public authority within the meaning of regulation 2(2) of the Environmental Information Regulations 2004, paragraph (4) applies as if it were such a public authority.
The consent application
12
1
An application for consent must include an environmental statement and must be made to Natural England.
2
The applicant for consent must provide Natural England with as many copies of the application as it reasonably requires.
3
After receiving the application for consent, Natural England must comply with paragraphs (4) and (5).
4
Natural England must —
a
send a copy of the application to any of the consultation bodies it considers appropriate; and
b
inform them that they may make representations within 6 weeks of the date they received the copy of the application.
5
In order to ensure that members of the public concerned are given an opportunity to make representations before the application is determined, Natural England must publish on its website and in a newspaper circulating in the locality of the relevant land a notice —
a
stating that the application has been made;
b
specifying an address —
i
at which copies of the application can be inspected free of charge, and
ii
where copies of the application may be taken
at all reasonable hours within 6 weeks of the date the notice is published;
c
stating that representations on the likely environmental effects of the project may be made in writing to Natural England at the address specified under sub-paragraph (b) within 6 weeks of the date the notice is published;
d
stating that, if consent is granted, it will be subject to —
i
the conditions in regulation 18(2) , and
ii
any other conditions that Natural England thinks fit; and
e
stating, if relevant, which of the other EEA States, the authorities referred to in Article 6(1) of the EIA Directive, and the public concerned in such EEA States will be consulted on the application.
6
Natural England may make a reasonable charge for copies referred to in paragraph (5) (b) (ii) .
Additional information
13
1
If, after complying with regulation 12(3) , Natural England decides that it requires any additional environmental information in order to decide whether to grant, or refuse to grant, consent for a significant project, it must notify the applicant of the information required, and the applicant must provide Natural England with that information.
2
Natural England must —
a
send a copy of the additional environmental information to such of the consultation bodies as it thinks fit; and
b
inform them that they may make representations within 28 days of the date they receive it.
3
Natural England must publish on its website and in a newspaper circulating in the locality of the relevant land a notice —
a
referring to the application to which the additional environmental information relates and the date the application was made;
b
stating that the additional environmental information has been received;
c
specifying an address —
i
at which copies of the additional environmental information can be inspected free of charge, and
ii
where copies of the additional environmental information may be taken,
at all reasonable hours within 6 weeks of the date the notice is published; and
d
stating that representations in relation to the additional environmental information may be made in writing to Natural England at the address in sub-paragraph (c) within 28 days of the date the notice is published.
4
Natural England may make a reasonable charge for copies referred to in paragraph (3)(c)(ii).
Procedure where a significant project in England may affect another EEA State
14
1
As soon as possible after receiving an application for consent for a significant project, Natural England must consider whether that project is also likely to have significant effects on the environment in another EEA State.
2
If Natural England considers that such effects are likely, it must send the information and other material specified in paragraph (3) to —
a
the EEA State which it considers is likely to be affected; and
b
any other EEA State which —
i
is likely to be significantly affected by the project in question, and
ii
requests the information and other material.
3
The information and other material referred to in paragraph (2) are —
a
details of the nature and location of the significant project;
b
any information Natural England has on the impact it is likely to have on that EEA State;
c
an indication of whether Natural England is minded to grant consent for the project, and the nature of any consent that might be granted; and
d
a request that the EEA State should indicate within a reasonable time whether it wishes to participate in the procedure under this Part of these Regulations.
4
If the EEA State indicates that it wishes to participate in the procedure under this Part of these Regulations, Natural England must —
a
send it a copy of the application for consent, of the environmental statement and of any further information it considers relevant to the application; and
b
provide it with information about the procedure under these Regulations.
5
Natural England must also —
a
arrange for the information and material in paragraphs (3) and (4) to be made available, in a reasonable time, to the authorities referred to in Article 6(1) of the EIA Directive and the public concerned in the territory of the EEA State; and
b
ensure that those authorities and the public concerned are given an opportunity to provide Natural England with their opinion on the information supplied within a reasonable time before consent for the project is granted.
6
In accordance with Article 7(4) of the EIA Directive, Natural England must —
a
enter into consultations with the EEA State concerned about, amongst other things, the potential significant effects of the project on the environment of that State and the measures envisaged to reduce or eliminate those effects; and
b
seek to agree with the EEA State a reasonable period of time for those consultations, which must include time for consideration of any opinions received under paragraph (5)(b).
Procedure where a significant project in another EEA State may affect England
15
1
If Natural England receives information from another EEA State made available under Article 7(1) and (2) of the EIA Directive (which concern information relating to a project in one EEA State which is likely to have significant effects on the environment of another EEA State) in relation to a significant project in that EEA State, Natural England must —
a
arrange for that information to be made available, in a reasonable time, to the consultation bodies and such members of the public which, in its opinion, are likely to be concerned by the project;
b
ensure that the consultation bodies and the members of the public referred to in sub-paragraph (a) are given an opportunity to forward their opinion on the information provided to the competent authority in the EEA State during any period agreed under paragraph (2) (b) .
2
In accordance with Article 7(4) of the EIA Directive, Natural England must also —
a
enter into consultations with the EEA State concerned about, amongst other things, the potential significant effects of the project on the environment in England and the measures envisaged to reduce or eliminate those effects; and
b
seek to agree with the EEA State a reasonable period, before consent for the project is granted, during which any opinions received under paragraph (1) (b) can be forwarded to that EEA State.
3
If another EEA State has taken a decision to grant or refuse consent and has informed Natural England of that decision in accordance with Article 9(2) of the EIA Directive, Natural England must take such steps as it considers appropriate to bring to the attention of the public any information received from that EEA State in relation to that decision.
The consent decision
16
1
Natural England may grant, or refuse to grant, consent for a significant project in accordance with this regulation.
2
When deciding whether to grant consent for a significant project, Natural England must consider —
a
the environmental statement;
b
any additional environmental information;
c
any representations it receives under —
i
regulation 12(4)(b) and (5) (c) ,
ii
regulation 13(2) (b) and (3) (d), and
iii
regulation 14(5)(b) ; and
d
any social or economic impacts which might result from a decision to refuse consent for the project.
3
Natural England must not reach its decision under paragraph (1) until after either —
a
the expiry of the period in the notice under regulation 12(5)(c);
b
the expiry of the period of 28 days after —
i
the date on which any additional environmental information was sent to the consultation bodies, or
ii
the date notice of the additional environmental information was published under regulation 13(3) ,
whichever is the later; or
c
the expiry of any period agreed with another EEA State under regulation 14(6)(b) ,
whichever is the last to occur.
Additional requirements relating to the Habitats Regulations
17
1
Natural England must not grant consent for a project that would involve doing anything which would be unlawful under regulations 39, 41 or 43 of the Habitats Regulations (but that does not include anything for which a licence has been granted under regulation 44 of those Regulations).
2
Paragraphs (3) to (6) apply when Natural England is deciding whether to grant consent for a project (a “habitats project”) which is likely to have a significant effect on a European site either alone or in combination with other projects.
3
Unless paragraph (4) applies, Natural England may only grant consent for a habitats project if it has considered the implications of that project for the European site (including an appropriate assessment of the implications in view of that site’s conservation objectives) and is satisfied that that project will not adversely affect the integrity of the site.
4
If Natural England is satisfied that a habitats project must be carried out for imperative reasons of overriding public interest (which, subject to paragraph (5) , may be of a social or economic nature) and that there is no alternative solution, it may grant consent for that project even though the assessment of its implications for a European site is negative.
5
If the European site hosts a priority natural habitat type or a priority species, the reasons in paragraph (4) must be either —
a
reasons relating to human health, public safety or beneficial consequences of primary importance to the environment, or
b
other reasons which in the opinion of the European Commission are, in the case of the site concerned, imperative reasons of overriding public interest.
6
If Natural England decides to grant consent for a habitats project in accordance with paragraph (4) , it must secure that any necessary compensatory measures are taken to ensure that the overall coherence of Natura 2000 (within the meaning of regulation 2(1) of the Habitats Regulations) is protected.
Conditions of consent
18
1
Any consent granted under regulation 16 (1) is to be subject to —
a
the conditions in paragraph (2) ; and
b
any other conditions Natural England thinks fit.
2
The conditions required by paragraph (1)(a) are —
a
the consent lapses if the project is not commenced (by the carrying out of a material act) within 1 year of the date on which it was granted;
b
the consent expires if the project is not completed within 3 years of the date on which it was granted; and
c
the consent only authorises the project described in the consent application, subject to any amendments approved by Natural England under paragraph (4).
3
After the expiry of a consent in accordance with paragraph (2)(b), Natural England may require a further application for consent in accordance with paragraph (5) in respect of any further operations or uses forming part of the project.
4
Natural England may approve any amendments at the request of an applicant, but any material change in the authorised operations or uses requires a further application for consent in accordance with paragraph (5).
5
Further applications for consent under paragraphs (3) and (4) may be subject to any requirement of these Regulations that Natural England considers appropriate.
6
In this regulation, a project is “completed” if all the works permitted by the consent have been carried out and all changes in the use, or the level of use, of the relevant land have been implemented.
Procedure following a consent decision
19
When Natural England has decided to grant or not to grant consent in respect of a significant project it must —
a
notify the applicant, any consultation bodies to whom copies of the consent application were sent under regulation 12(4)(a) , any EEA State it consulted under regulation 14(6) and any authority or person who forwarded their opinion under regulation 14(5)(b) of —
i
its decision,
ii
the full reasons and considerations on which the decision is based, and
iii
any representations made by the public concerned in respect of the application;
b
inform the public of its decision by publishing a notice in a newspaper in the locality in which the relevant land is situated or by any other means it considers reasonable in the circumstances; and
c
make available for public inspection a statement containing —
i
the content of the decision,
ii
the full reasons and considerations on which the decision is based,
iii
where relevant, a description of the principal measures that must be taken to avoid, reduce or offset the major adverse effects of the project,
iv
a summary of any representations made by the public concerned in relation to the application, and
v
information regarding the right to challenge the decision and the procedures for doing so.
Transborder projects
20
1
In the case of a transborder project where the greater part of the land is situated in England, that project will be subject only to these Regulations, unless an agreement to the contrary has been reached under paragraph (2).
2
If so requested by the Scottish Ministers or the National Assembly for Wales, Natural England may agree that a transborder project referred to in paragraph (1) will be subject only to the equivalent Regulations applicable to the project in Scotland or Wales as the case may be.
3
In the case of a transborder project where the greater part of the land is situated in Scotland or Wales, that project will be subject only to the equivalent Regulations applicable to the project in Scotland or Wales as the case may be, unless an agreement to the contrary has been reached under paragraph (4) .
4
If Natural England so requests, and the Scottish Ministers or the National Assembly for Wales as appropriate agree, a transborder project referred to in paragraph (3) will be subject only to these Regulations.
5
If a transborder project is being considered under these Regulations in accordance with paragraph (1) or (4), Natural England must consult the Scottish Ministers or the National Assembly for Wales as appropriate before —
a
making a screening decision under regulation 8 ;
b
providing a scoping opinion under regulation 10 ; or
c
granting or refusing consent under regulation 16 .
6
In this regulation, “transborder project” means a restructuring project or an uncultivated land project where the relevant land is situated either —
a
partly in England and partly in Wales, or
b
partly in England and partly in Scotland.
Review of decisions and consents
21
Schedule 4 applies if, after the date of —
a
a decision that a project is not a significant project, or
b
a decision to grant consent for a project,
a site becomes a European site and Natural England considers that the carrying out or completion (within the meaning of “completed” in regulation 18(6) ) of the project would be likely to have a significant effect on that site and would not be directly connected with or necessary for the management of the site.
PART 4 Enforcement
Offence of carrying out a project without a decision under these Regulations
22
1
Any person who begins or carries out an uncultivated land project or a restructuring project in breach of —
a
regulation 4 , or
b
regulation 9 ,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
In any proceedings under this regulation which relate to an uncultivated land project, any area of land which the prosecution alleges to be uncultivated land shall be assumed to be uncultivated land unless sufficient evidence is adduced to raise an issue that it is not uncultivated land, in which case the prosecution must prove beyond reasonable doubt that the land is uncultivated land.
Offence of carrying out work in contravention of a condition
23
Any person who carries out any activity in contravention of any condition of consent is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Offence of procuring a decision by supplying false information
24
1
Any person who, for the purpose of procuring a decision on an application made under these Regulations —
a
knowingly or recklessly makes a statement which is false or misleading in a material particular,
b
with intent to deceive, uses any document which is false or misleading in a material particular, or
c
with intent to deceive, withholds any material information,
is guilty of an offence.
2
A person guilty of an offence under paragraph (1) is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
Stop notices
25
1
If a person has begun an uncultivated land project or a restructuring project in breach of —
a
regulation 4 , or
b
regulation 9 ,
Natural England may serve a notice (a “stop notice”) prohibiting all or part of the work with immediate effect.
2
Natural England may serve a stop notice on any person who appears to it to have an interest in the relevant land or to be engaged in any activity prohibited by the notice.
3
Natural England may withdraw a stop notice (without affecting its power to serve another) at any time by serving notice to that effect on the persons served with a stop notice.
4
A stop notice ceases to have effect if —
a
a notice withdrawing it is served under paragraph (3) ;
b
Natural England, or the Secretary of State on appeal, decides that the prohibited work is not a significant project; or
c
Natural England, or the Secretary of State on appeal, grants consent for the prohibited work.
Penalties for contravention of a stop notice
26
1
Any person who contravenes a stop notice that has been served on him is guilty of an offence.
2
An offence under this regulation may be charged by reference to any day or any longer period of time, and a person may be convicted of a second or subsequent offence under this regulation by reference to any period of time following the preceding conviction for such an offence.
3
References in this regulation to contravening a stop notice mean causing or permitting its contravention.
4
A person guilty of an offence under this regulation is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; and
b
on conviction on indictment, to a fine.
Remediation notices
27
1
If a person has carried out an uncultivated land project or a restructuring project in breach of —
a
regulation 4 , or
b
regulation 9 ,
Natural England may serve a notice (“a remediation notice”) on the person who appears to it to be responsible.
2
A remediation notice may require the person —
a
to reinstate, to Natural England’s satisfaction, the relevant land to the condition it was in before the project was commenced, or
b
to take such other steps as Natural England thinks fit to return the relevant land to good environmental condition.
3
A remediation notice must state the period during which the remediation is to be carried out.
4
Natural England may at any time —
a
vary a remediation notice, or
b
withdraw a remediation notice (without affecting its power to serve another),
by serving notice to that effect on the person served with the remediation notice.
5
Any variation of a remediation notice under paragraph (4)(a) has effect from the date of service of the notice varying the remediation notice.
6
A remediation notice ceases to have effect from the date of service of a notice withdrawing it under paragraph (4)(b).
Penalty for contravening a remediation notice
28
Any person who, without reasonable excuse, fails to comply with any requirement of a remediation notice is guilty of an offence and liable on summary conviction —
a
to a fine not exceeding level 5 on the standard scale; and
b
if the failure is continued after conviction, to a further fine not exceeding £100 for every day the failure continues.
Time limits for bringing proceedings
29
1
Proceedings for any offence under regulation 22 to 24 , 26 or 28 may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.
2
But proceedings for an offence may not be commenced more than 2 years after the date on which the offence was committed.
3
For the purposes of paragraph (1) , a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.
4
A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
Powers of entry and default powers
30
1
Any person authorised by the Secretary of State or Natural England may, at any reasonable time, enter and inspect any land for the purpose of —
a
ascertaining whether regulation 4 or 9 has been breached;
b
ascertaining whether an offence under regulation 22 to 24 , 26 or 28 has been committed on or in connection with that land;
c
serving a screening notice, stop notice or remediation notice in respect of that land; or
d
exercising any function under Schedule 4.
2
Any person authorised by the Secretary of State or Natural England who has reasonable grounds for suspecting that a person has committed an offence under regulation 24 , may enter any premises (but not premises used only as a dwelling) which are, or which such person has cause to believe to be, occupied by, or in the possession of, the person believed to be responsible for committing the offence, and may inspect and take copies of any records he has reasonable cause to believe are relevant to the suspected offence.
3
If any measures required by a remediation notice or by a notice served under paragraph 5 of Schedule 4 have not been taken within the period specified in the notice —
a
any person authorised by the Secretary of State or Natural England may, at a reasonable time, enter the land to which the notice relates and take those measures, and
b
recover from the person in default the expenses reasonably incurred by him in doing so.
4
A person authorised under paragraph (1) to enter any land may remove —
a
samples of soil;
b
plant specimens; or
c
samples taken from plant specimens,
for the purpose of ascertaining whether an offence has been committed on or in connection with that land.
5
A person authorised under paragraph (1) , (2) or (3) to enter any land or premises must, if requested to do so, produce evidence of his authority to enter the land or premises.
6
A person authorised under paragraph (1) , (2) or (3) to enter any land or premises may take with him such other persons or such equipment as he considers necessary.
7
Any person in occupation or possession of land or premises entered by a person authorised under paragraph (1) , (2) or (3) must give to that person such assistance as the authorised person may reasonably request so as to enable him to exercise any power conferred on him by this regulation.
8
A person who intentionally obstructs or impedes any person acting in the exercise of the powers conferred by this regulation or who fails without reasonable excuse to comply with a request made under paragraph (7) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
PART 5 Appeals
Appeals against notices
31
1
A person may appeal to the Secretary of State in accordance with this regulation against any of the following notices served on him —
a
a screening notice;
b
a stop notice;
c
a remediation notice, or
d
a notice under paragraph 5 of Schedule 4,
and any such notice is referred to in this regulation as the “relevant notice”.
2
An appeal may be brought on any of the following grounds —
a
that Natural England did not have power to serve the relevant notice, or to include a particular requirement in it;
b
that there has been some material irregularity, defect or error in, or in connection with, the relevant notice; or
c
that any of the requirements of the relevant notice are unreasonable.
3
An appeal against a relevant notice must be brought by notice, which must —
a
include a copy of the relevant notice;
b
state the grounds of appeal; and
c
be served on the Secretary of State within 28 days of the date of service of the relevant notice.
4
As soon as is reasonably practicable after receiving a notice of appeal, the Secretary of State must send a copy of the notice to Natural England.
5
Except as otherwise provided by this regulation, the Secretary of State must determine the procedure for deciding the appeal, and that procedure may include provision for site visits.
6
Appeals under this regulation may be conducted by written representations or by hearing.
7
On determining the appeal, the Secretary of State —
a
may affirm, vary or revoke the relevant notice, and
b
must notify the applicant and Natural England of his decision, together with the reasons for it.
8
Where an appeal is brought against a screening notice or a stop notice (unless the notice is withdrawn by Natural England) all the requirements contained in it have effect until such time as the Secretary of State revokes the notice or varies the requirements.
9
If the Secretary of State varies the requirements of a screening notice or a stop notice the variations have effect from the date of notification under paragraph (7) (b) .
10
Where an appeal is brought against a remediation notice or a notice served under paragraph 5 of Schedule 4, the notice will be of no effect until it is affirmed or varied on appeal or until the appeal is withdrawn.
11
The Secretary of State may appoint a person to exercise on his behalf, with or without payment, his function of determining the appeal or any matter involved in the appeal, and Schedule 5 has effect in relation to such an appointment.
Appeals against screening and consent decisions
32
1
The persons specified in paragraph (2) may appeal under this regulation to the Secretary of State.
2
The persons referred to in paragraph (1) are —
a
a person who has applied for a screening decision in respect of a project which Natural England has decided is a significant project, or is deemed to have so decided, under regulation 8 ;
b
a person who has applied for consent for a significant project in respect of which consent has been refused or has been granted subject to conditions, other than those specified in regulation 18(2) ; and
c
a person who has been notified of a further decision under paragraph 3 of Schedule 4.
3
An appeal against a relevant decision must be brought within 3 months of the date the person was notified of the relevant decision.
4
A notice of appeal must —
a
describe the relevant decision;
b
state the grounds of appeal; and
c
state whether the appellant would like the appeal to be in the form of a hearing or local inquiry or to be disposed of on the basis of written representations.
5
As soon as is reasonably practicable after receiving a notice of appeal against a relevant decision, the Secretary of State must serve a copy of the notice on Natural England.
6
Natural England must, within 14 days of the date it receives the copy of the notice of appeal, provide the Secretary of State with sufficient information to identify the interested parties.
7
The Secretary of State must serve copies of the notice on the interested parties as soon as is reasonably practicable after receiving that information.
8
A person who is served with a copy of the notice under paragraph (7) may only make representations in respect of the appeal if he notifies the Secretary of State of his wish to do so within 21 days of the date he receives the copy of the notice.
9
The Secretary of State must decide whether the appeal should be —
a
by hearing or local inquiry; or
b
conducted by written representations,
and the Secretary of State must notify his decision to the participants in the appeal.
10
On determining the appeal, the Secretary of State may allow or dismiss the appeal, or reverse any part of the relevant decision, and may consider the appeal as if he were making a decision on the matter in question for the first time.
11
The Secretary of State may appoint a person to exercise on his behalf, with or without payment, his function of determining the appeal or any matter involved in the appeal, and Schedule 5 has effect in relation to such an appointment.
12
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (power to direct inquiries) apply in relation to hearings or local inquiries held in accordance with regulation 34 as they apply to local inquiries under that section, but as if the references to the Minister were references to the Secretary of State and with the omission of references to a local authority.
13
Section 322A of the Town and Country Planning Act 1990 (orders as to costs: supplementary) applies in relation to a hearing or local inquiry under regulation 34 as it applies to a hearing or local inquiry referred to in that section.
14
Except as otherwise provided by this regulation or by regulation 33 or 34 , the Secretary of State must determine the procedure for deciding the appeal, and that procedure may include provision for site visits.
15
Any representations, statement or other documents to be submitted to the Secretary of State under regulation 33 or 34 must be accompanied by as many copies as the Secretary of State specifies.
16
In this regulation, “relevant decision” means —
a
a decision referred to in paragraph (2)(a);
b
a refusal of consent or a grant of consent subject to conditions referred to in paragraph (2)(b); or
c
a notification referred to in paragraph (2)(c).
Determination of appeals by written representations
33
1
This regulation applies where an appeal is to be determined by written representations.
2
Within 6 weeks of receiving notice that the appeal is to be so determined the appellant and Natural England must —
a
serve on the Secretary of State any (or any further) representations he or it wishes to rely on in the appeal; or
b
notify the Secretary of State that he or it wishes to rely only on the information already provided.
3
As soon as is practicable after receiving the representations or notification in paragraph (2) , the Secretary of State must —
a
send copies of any (or any further) representations to the other participants in the appeal; and
b
notify the other participants in the appeal of any notification by the appellant or Natural England that he or it does not wish to rely on any further representations.
4
Any of the participants in the appeal who wishes to make representations must do so within 28 days of the date he or it is notified of the representations or notification under paragraph (3) .
5
If the Secretary of State receives any representations under paragraph (4), he must send copies of them to the other participants in the appeal.
6
The Secretary of State must allow the participants in the appeal a period of at least 14 days to respond to any representations made under paragraphs (2) or (4) .
7
Following the expiry of the period allowed in paragraph (6) the Secretary of State, or the person appointed to determine the appeal, must determine the appeal and notify the decision to the participants in the appeal.
Determination of appeals by hearing or local inquiry
34
1
This regulation applies where an appeal is to be determined by hearing or by local inquiry.
2
Within 6 weeks of receiving notice that the appeal is to be so determined, the appellant and Natural England must serve on the Secretary of State a statement containing full particulars of his or its case and copies of any documents he or it wishes to rely on at the hearing or local inquiry.
3
After receiving the statements and documents in paragraph (2) , the Secretary of State must send copies of them to the other participants in the appeal.
4
The Secretary of State must —
a
give the participants in the appeal 6 weeks’ notice of the date, time and place fixed for the hearing or local inquiry and the name of the person appointed to conduct the hearing or local inquiry (or, as applicable, to determine the appeal); and
b
give such notice as he thinks fit to inform the public not less than 21 days before the date fixed for the hearing or local inquiry.
5
The Secretary of State may vary the time or place for the hearing or local inquiry and must give such notice of the variation as he thinks fit.
6
If an interested party wishes to be heard at the hearing or local inquiry he must notify the Secretary of State within 28 days of being sent the appellant’s and Natural England’s statements under paragraph (3) .
7
Where an interested party has so notified the Secretary of State, the Secretary of State may require him to submit a statement containing the particulars of his case and copies of any documents he wishes to refer to (except documents which the appellant or Natural England served under paragraph (2) ).
8
The Secretary of State must send copies of any statements and documents received under paragraph (7) to the appellant and to Natural England.
9
The Secretary of State may require any person who has provided him with a statement under paragraph (2) or (7) to provide him with any further information he specifies in relation to the statement, and must send a copy of the further information to each of the other participants in the appeal.
10
Before a hearing or local inquiry takes place the Secretary of State must make all of the documents submitted available for inspection by any person who so requests.
11
The participants in the appeal are entitled to be heard at a hearing or local inquiry.
12
Any participant in the appeal who proposes to give evidence at an inquiry by reading a witness statement must send a copy of the witness statement, and a written summary of it, to the Secretary of State not less than 3 weeks before the date fixed for the inquiry, and the Secretary of State must send copies of the witness statement and summary to the other participants in the appeal.
13
After the conclusion of the hearing or local inquiry, the person appointed to conduct the hearing or local inquiry must, unless he has been appointed to determine the appeal, make a report to the Secretary of State which must include —
a
his conclusions; and
b
his recommendations or his reasons for not making any recommendations.
14
If the Secretary of State is minded to disagree with the recommendation made in the report because he —
a
differs from the person making the report on any matter of fact mentioned in, or appearing to him to be material to, a conclusion reached by that person; or
b
takes into consideration new evidence or a new matter of fact,
he must not come to a decision without first giving every person who appeared at the hearing or local inquiry an opportunity to make representations within a reasonable time specified by him.
15
The Secretary of State or the person appointed to determine the appeal must notify the participants in the appeal of his decision, the reasons for it and, where a report has been made in accordance with paragraph (13) , a copy of that report.
Application to the court by person aggrieved
35
1
A person aggrieved by a decision of Natural England that a project is not a significant project or a decision to grant consent for a significant project may make an application to the High Court for an order quashing the decision.
2
The High Court may quash the decision if it is satisfied that —
a
the decision was not lawfully made; or
b
the interests of the person who has applied to the court have been substantially prejudiced by a failure to comply with any other requirement of these Regulations.
3
Any application to the High Court under this regulation must be made within 6 weeks of the date the decision is entered in the register in accordance with regulation 8(4)(b) or published in accordance with regulation 19(b) .
4
The High Court may by interim order, pending the determination of an application under this regulation, stay the operation of the decision on such terms as it thinks fit.
Interpretation of this Part
36
In this Part —
“interested parties” means —
such of the consultation bodies as the Secretary of State considers appropriate;
any person who made representations in respect of a relevant decision (within the meaning of “relevant decision” in regulation 32(16));
any EEA State consulted under regulation 14(6) ;
any authority or person who forwarded their opinion under regulation 14(5)(b) ;
any other person who appears to the Secretary of State to have a particular interest in the subject matter of the appeal.
“participants in the appeal” means —
the appellant;
Natural England;
the interested parties;
in the case of a hearing or local enquiry, any other person permitted to take part by the person appointed to conduct the hearing or local inquiry.
PART 6 Final Provisions
Amendment of the Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005
37
The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005 are amended by substituting paragraph 15 of the Schedule with the following —
15
1
A farmer must not begin or carry out an uncultivated land project in breach of —
a
regulation 4 , or
b
regulation 9,
of the Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006.
2
A farmer must not breach a stop notice that has been served on him under regulation 25 of those Regulations.
3
A farmer must not, without reasonable excuse, fail to comply with any requirement of a remediation notice served on him under regulation 27(1) of those Regulations.
4
In this paragraph “uncultivated land project” has the meaning given to it in regulation 2(1) of those Regulations.
.
Revocations
38
The following Regulations are revoked —
a
the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (England) Regulations 2001 ; and
b
the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (England) (Amendment) Regulations 2005 ;
c
the Environmental Impact Assessment (Agriculture) (England) Regulations 2006 .
Transitional provisions
39
1
This regulation provides for the treatment of certain notices served under the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (England) Regulations 2001 (“the 2001 Regulations ”).
2
Any stop notice served under regulation 22 of the 2001 Regulations is to be treated as though it was served under regulation 25 of these Regulations, and regulations 26 , 29 and 30 of these Regulations apply to any enforcement action taken in respect of a breach of the notice.
3
Subject to paragraph (4), any reinstatement notice served under regulation 24 of the 2001 Regulations is to be treated as though it was served as a remediation notice under regulation 27 of these Regulations, and regulations 28 to 30 apply to any enforcement action taken in respect of a breach of the notice.
4
Nothing in paragraph (3) affects any appeal under regulation 24(3) of the 2001 Regulations brought before the coming into force of these Regulations.
Barry Gardiner
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
13th September 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Working Neighbourhoods) Miscellaneous Amendments Regulations 2006 and shall come into force on 24th April 2006.
2
In these Regulations —
“the principal Regulations ” means the Social Security (Working Neighbourhoods) Regulations 2004 ;
“direction”, “employment zone” and “employment zone programme” have the same meaning as in the principal Regulations.
Miscellaneous amendments
2
1
Subject to regulation 4 of these Regulations, in regulation 75(1)(a) (interpretation) of the Jobseeker’s Allowance Regulations 1996 , omit the words “or the Social Security (Working Neighbourhoods) Regulations 2004”.
2
In regulation 4 (circumstances where requirement to take part in an interview does not apply) of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 —
a
in paragraph (1)(c), omit the words “, the Social Security (Working Neighbourhoods) Regulations 2004”, and
b
omit paragraph (2).
3
In the Social Security (Jobcentre Plus Interviews) Regulations 2002 —
a
in regulation 2(3) (interpretation and application), omit the words from “or where a person” to “regulation 2(3) of those Regulations,”, and
b
in regulation 16(2) (revocations and transitional provision), omit the words from “and except where a person” to “regulation 2(3) of those Regulations”.
4
In regulation 2(2) (interpretation and application) of the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003 , omit the words from “Except in a case where” to “regulation 2(3) of those Regulations,”.
Revocation and savings of the principal Regulations
3
1
Subject to paragraph (2) and regulation 4, the principal Regulations are revoked.
2
Regulations 22, 24, 25(1), (2) and (4) and 26(1) and (3) of the principal Regulations are not revoked.
Transitional provisions for employment zones
4
1
The provisions listed in paragraph (2) shall continue to apply as if these Regulations had not been made —
a
in the case of a person falling within paragraph (3), and
b
for the period specified in paragraph (4).
2
The provisions listed in this paragraph are —
a
regulation 75(1)(a) (interpretation) of the Jobseeker’s Allowance Regulations 1996, and
b
the following provisions of the principal Regulations —
i
regulation 2(1), (2) and (4),
ii
regulations 16 to 21,
iii
regulation 23,
iv
Part 2 of the Schedule.
3
A person falls within this paragraph if immediately before these Regulations come into force, he is participating in an employment zone programme following a direction given under regulation 17 or 18 of the principal Regulations.
4
The period specified in this paragraph begins on 24th April 2006 and ends on —
a
the date the person ceases to participate in that employment zone programme by virtue of regulation 19 or 21 of the principal Regulations, or
b
31st October 2006,
whichever is the earlier.
Signed by authority of the Secretary of State for Work and Pensions.
Margaret Hodge
Minister of State,
Department for Work and Pensions
23rd March 2006


text:
Citation and Commencement
1
These Regulations may be cited as the Passenger and Goods Vehicles (Community Recording Equipment Regulation) Regulations 2006 and shall come into force on 3rd January 2007.
Amendment of definition of the Community Recording Equipment Regulation
2
1
For the definition of “the Community Recording Equipment Regulation” in each of the provisions specified in paragraph (2) substitute the following definition:
“the Community Recording Equipment Regulation” means Council Regulation ( EEC ) No.3821/85 on recording equipment in road transport as it has effect in accordance with —
Commission Regulation (EEC) No.3314/90 ;
Commission Regulation (EEC) No.3688/92 ;
Commission Regulation ( EC ) No.2479/95 ;
Commission Regulation (EC) No.1056/97 ;
Article 1 of Council Regulation (EC) No.2135/98 ;
Commission Regulation (EC) No.1360/2002
Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded ;
Regulation (EC) No.1882/2003 of the European Parliament and of the Council ;
Commission Regulation (EC) No.432/2004 ; and
Regulation (EC) No.561/2006 of the European Parliament and of the Council ;
and as read with the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 .
.
2
The provisions referred to in paragraph (1) are:
a
section 97(7) of the Transport Act 1968 ;
b
regulation 1(3) of the Passenger and Goods Vehicles (Recording Equipment) Regulations 1979 ;
c
regulation 3(3) of the Passenger and Goods Vehicles (Recording Equipment)(Amendment) Regulations 1984 ;
d
section 85 of the Road Traffic Act 1988 ; and
e
regulation 2(1) of the Passenger and Goods Vehicles (Recording Equipment)(Tachograph Card Fees) Regulations 2005 ;
f
regulation 2 of the Passenger and Goods Vehicles (Recording Equipment)(Tachograph Card) Regulations 2006 .
3
For the definition of the Community Recording Equipment Regulation in regulation 1(1) of the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 substitute the following definition:
“the Community Recording Equipment Regulation” means Council Regulation (EEC) No.3821/85 on recording equipment in road transport as it has effect in accordance with —
Commission Regulation (EEC) No 3314/90 ;
Commission Regulation (EEC) No 3688/92 ;
Commission Regulation (EC) No 2479/95 ;
Commission Regulation (EC) No 1056/97 ;
Article 1 of Council Regulation (EC) No 2135/98 ;
Commission Regulation (EC) No 1360/2002 ;
Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded;
Regulation (EC) No 1882/2003 of the European Parliament and of the Council;
Commission Regulation (EC) No 432/2004 ; and
Regulation (EC) No 561/2006 of the European Parliament and of the Council.
.
Revocation
3
1
The Passenger and Goods Vehicles (Recording Equipment) Regulations 1996 are hereby revoked.
2
Regulation 2(7) of the Passenger and Goods Vehicles (Recording Equipment) Regulations 2005 is hereby revoked.
Signed by authority of the Secretary of State for Transport
S.J. Ladyman
Minister of State
Department for Transport
6th December 2006


text:
1
This Order may be cited as the A1 Trunk Road (B1174 Junction Improvement Gonerby Moor) Order 2006 and shall come into force on 18th August 2006.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
a
“the main new road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
b
“the new trunk roads” means the main new road and the slip roads;
c
“the plan” means the plan folio consisting of the key plan and the site plan numbered HA 10/MP/049 and marked “The A1 Trunk Road (B1174 Junction Improvement Gonerby Moor) Order 2006”, signed by authority of the Secretary of State for Transport and deposited at the DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
d
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which connect the main new road with other highways or proposed highways at the places stated in that Schedule.
3
The main new road and the slip roads which the Secretary of State proposes to construct along the routes described in the Schedules to this Order shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
I Scholey
A Divisional Director, Highways Agency
3rd August 2006