text:
PART 1
PRELIMINARY
Title, commencement and application
1
These Regulations —
a
may be cited as the Official Feed and Food Controls (England) Regulations 2006;
b
come into force on 11th January 2006; and
c
apply in relation to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990 ;
“ the Agency ” means the Food Standards Agency;
“authorised officer” —
in relation to a competent authority, means any person (whether or not an officer of the authority) who is authorised by the authority in writing for the purposes of regulation 14; and
in relation to a relevant enforcement authority, means any person (whether or not an officer of the authority) who is authorised by the authority in writing, either generally or specially, to act in matters arising under Part 2 of these Regulations in relation to its enforcement responsibilities under regulation 17;
“competent authority” means an authority which, by virtue of regulation 3, is designated for the purposes of any of the provisions of Regulation 882/2004;
“Directive 2004/41”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005” and “Regulation 2076/2005” have the meanings respectively given to them in Schedule 1;
“feed authority” means the authority required by section 67(1) of the Agriculture Act 1970 to enforce that Act within its area or district as the case may be;
“food authority” has the meaning it bears by virtue of section 5(1) of the Act, except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple);
“the Import Provisions” means Part 3 of these Regulations and Articles 15 to 24 of Regulation 882/2004;
“the Official Control Regulations ” means these Regulations and Regulation 882/2004;
“premises” includes any establishment, any place, vehicle, stall or moveable structure and any ship or aircraft;
“primary production” has the meaning it bears in Regulation 852/2004;
“relevant enforcement authority” means a body which, by virtue of regulation 17, is made responsible for executing and enforcing any provision of Part 2 of these Regulations;
“relevant feed law” has the meaning given to it in Schedule 2; and
“relevant food law” has the meaning given to it in Schedule 3.
2
Subject to paragraph (3), any expression other than one defined in paragraph (1) that is used both in these Regulations and in the Act has the meaning it bears in the Act.
3
Unless the contrary intention appears, any expression used both in these Regulations and in Regulation 178/2002 or Regulation 882/2004 has the meaning it bears in Regulation 178/2002 or Regulation 882/2004, as the case may be.
4
Where any functions under the Act are assigned —
a
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 , to a port health authority;
b
by an order under section 6 of the Public Health Act 1936 , to a joint board for a united district; or
c
by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985 , to a single authority for a metropolitan county,
any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.
PART 2
MAIN PROVISIONS
Competent authorities
3
1
Subject to paragraphs (2) and (5), any body specified in Column 1 of Schedule 4 is designated as a competent authority for the purposes of the provisions of Regulation 882/2004 indicated in the corresponding entry in Column 2 of that Schedule in so far as those provisions apply in relation to relevant feed law.
2
Where the feed authority is designated as a competent authority pursuant to paragraph (1) the designation shall extend to its area or district only, as the case may be.
3
Subject to paragraphs (4) to (6), any body specified in Column 1 of Schedule 5 is designated as a competent authority for the purposes of the provisions of Regulation 882/2004 indicated in the corresponding entry in Column 2 of that Schedule in so far as those provisions apply in relation to relevant food law.
4
Where the food authority is designated as a competent authority pursuant to paragraph (3) the designation shall extend to its area only.
5
Where the Agency is designated as a competent authority pursuant to paragraph (1) or (3) for the purposes of Article 31(1) of Regulation 882/2004, the designation shall extend only to the operations in respect of which the Agency executes and enforces the Food Hygiene (England) Regulations 2006 by virtue of regulation 5(1)(a) of those Regulations.
6
Where the Agency is designated as a competent authority pursuant to paragraph (3) for the purposes of Article 31(2) of Regulation 882/2004, the designation shall extend, as regards Article 31(2)(a) to (e), only to those operations in respect of which the Agency executes and enforces the Food Hygiene (England) Regulations 2006 by virtue of regulation 5(2) of those Regulations.
Exchanging and providing information
4
1
For the purposes of enabling competent authorities, other OFFC authorities and member States to fulfil the obligations placed upon them by Regulation 882/2004 competent authorities may exchange among themselves or provide to other OFFC authorities any information received by them in the execution and enforcement of relevant feed law or relevant food law.
2
For the purpose of executing and enforcing relevant feed law or relevant food law, competent authorities may exchange among themselves any information received by them in the execution and enforcement of relevant feed law or relevant food law.
3
Competent authorities may share information received by them in the execution and enforcement of relevant feed law or relevant food law with the bodies that execute and enforce relevant feed law or relevant food law in Wales, Northern Ireland and Scotland for the purposes of facilitating the execution and enforcement of relevant feed law or relevant food law in those countries.
4
Paragraphs (1), (2) and (3) are without prejudice to any other power of competent authorities to disclose information by or under Community legislation.
5
For the purposes of this regulation, “other OFFC authorities” means authorities designated in the United Kingdom as competent authorities for the purposes of Regulation 882/2004 other than the competent authorities designated under these Regulations.
Obtaining information
5
1
For the purpose of enabling competent authorities and member States to fulfil the obligations placed on them by Regulation 882/2004 and for the purpose of executing and enforcing relevant feed law or relevant food law, a competent authority may require a control body —
a
to provide the competent authority with any information which it has reasonable cause to believe the control body is able to give; and
b
to make available to the competent authority for inspection by it any records which it has reasonable cause to believe are held by the control body or are otherwise within its control (and, if they are kept in computerised form, to make them available in a legible form).
2
The competent authority may copy any records made available to it under paragraph (1)(b).
3
A person who —
a
fails without reasonable excuse to comply with any requirement imposed under paragraph (1); or
b
in purported compliance with such a requirement furnishes information which he knows to be false or misleading in any material particular or recklessly furnishes information which is false or misleading in any material particular,
is guilty of an offence.
4
For the purposes of paragraph (1), the term “control body” includes any member, officer or employee of a control body.
Power to issue codes of recommended practice
6
1
For the guidance of feed authorities and food authorities the Secretary of State may issue codes of recommended practice as regards —
a
functions conferred upon those authorities in their capacity as competent authorities by or under Regulation 882/2004; or
b
the execution and enforcement of the Import Provisions;
and any such code shall be laid before Parliament after being issued.
2
The Agency may, after consulting the Secretary of State, give a feed authority or food authority a direction requiring them to take any specified steps in order to comply with a code issued under this regulation.
3
In exercise of the functions conferred on them as competent authorities by or under Regulation 882/2004 and in their execution and enforcement of the Import Provisions, every feed authority and food authority —
a
shall have regard to any relevant provision of any such code; and
b
shall comply with any direction which is given under this regulation and requires them to take any specified steps in order to comply with such a code.
4
Any direction under paragraph (2) shall, on the application of the Agency, be enforceable by mandatory order.
5
The Agency shall consult the Secretary of State before making an application under paragraph (4).
6
Before issuing any code under this regulation, the Secretary of State shall have regard to any relevant advice given by the Agency.
Monitoring of enforcement action
7
1
The Agency has the function of monitoring the performance of enforcement authorities in enforcing relevant audit legislation.
2
That function includes, in particular, setting standards of performance (whether for enforcement authorities generally or for particular authorities) in relation to the enforcement of any relevant audit legislation.
3
Each annual report of the Agency shall contain a report on its activities during the year in enforcing any relevant audit legislation for which it is the enforcement authority and its performance in respect of —
a
any standards under paragraph (2) that apply to those activities; and
b
any objectives relating to those activities that are specified in the statement of objectives and practices under section 22 of the Food Standards Act 1999 .
4
The Agency may make a report to any other enforcement authority on their performance in enforcing any relevant audit legislation and such a report may include guidance as to action which the Agency considers would improve that performance.
5
The Agency may direct an authority to which such a report has been made —
a
to arrange for the publication in such manner as may be specified in the direction of, or of specified information relating to, the report; and
b
within such period as may be so specified to notify the Agency of what action they have taken or propose to take in response to the report.
6
Section 19 of the Food Standards Act 1999 shall apply in relation to information obtained through monitoring under this regulation as if it were information obtained through monitoring under section 12 of that Act.
Power to request information relating to enforcement action
8
1
For the purpose of carrying out its function under regulation 7 in relation to any enforcement authority the Agency may require a person mentioned in paragraph (2) —
a
to provide the Agency with any information which it has reasonable cause to believe that person is able to give; or
b
to make available to the Agency for inspection any records which it has reasonable cause to believe are held by that person or otherwise within his control (and, if they are kept in computerised form, to make them available in a legible form).
2
A requirement under paragraph (1) may be imposed on —
a
the enforcement authority or any member, officer or employee of the authority; or
b
a person subject to any duty under relevant audit legislation (being a duty enforceable by an enforcement authority) or any officer or employee of such a person.
3
The Agency may copy any records made available to it in pursuance of a requirement under paragraph (1)(b).
Power of entry for persons monitoring enforcement action
9
1
The Agency may authorise any individual (whether a member of its staff or otherwise) to exercise the powers specified in paragraph (4) for the purpose of carrying out its function under regulation 7 in relation to any enforcement authority.
2
No authorisation under this regulation shall be issued except in pursuance of a decision taken by the Agency itself or by a committee, sub–committee or member of the Agency acting on behalf of the Agency.
3
An authorisation under this regulation shall be in writing and may be given subject to any limitations or conditions specified in the authorisation (including conditions relating to hygienic precautions to be taken while exercising powers in pursuance of the authorisation).
4
An authorised person may —
a
enter any premises mentioned in paragraph (5) at any reasonable hour in order to inspect the premises or anything which may be found on them;
b
take samples of any articles or substances found on such premises;
c
inspect and copy any records found on such premises (and, if they are kept in computerised form, require them to be made available in a legible form);
d
require any person present on such premises to provide him with such facilities, such records or information and such other assistance as he may reasonably request.
5
The premises which may be entered by an authorised person are —
a
any premises occupied by the enforcement authority;
b
any laboratory or similar premises at which work related to the enforcement of any relevant legislation has been carried out for the enforcement authority; and
c
any other premises (not being a private dwelling–house) which the authorised person has reasonable cause to believe are premises in respect of which the enforcement powers of the enforcement authority are (or have been) exercisable.
6
The power to enter premises conferred on an authorised person includes power to take with him any other person he may consider appropriate.
7
An authorised person shall on request —
a
produce his authorisation before exercising any powers under paragraph (4); and
b
provide a document identifying any sample taken, or documents copied, under those powers.
8
If a person who enters any premises by virtue of this regulation discloses to any person any information obtained on the premises with regard to any trade secret he is, unless the disclosure is made in the performance of his duty, guilty of an offence.
9
Where the Agency is the enforcement authority in relation to relevant audit legislation this regulation applies in relation to the Agency in respect of its performance in enforcing those provisions, with the omission of paragraph (5)(a).
10
In this regulation “authorised person” means a person authorised under this regulation.
Meaning of “enforcement authority” and related expressions
10
1
In regulations 7 to 9 “relevant audit legislation” means relevant feed law and relevant food law in respect of which the Agency is designated as a competent authority pursuant to paragraphs (1) and (3) respectively of regulation 3 but does not include “relevant legislation” as defined in section 15 of the Food Standards Act 1999.
2
In regulations 7 to 9 “enforcement authority” means the authority by whom relevant audit legislation is to be enforced and includes the Agency itself if by virtue of that legislation it is the enforcement authority in relation to it but does not include the European Commission; and “enforcement” in relation to relevant audit legislation includes the execution of any provisions of that legislation.
3
Any reference in regulations 7 to 9 (however expressed) to the performance of an enforcement authority in enforcing any relevant audit legislation includes a reference to the capacity of that authority to enforce it.
Offences relating to regulations 8 and 9
11
A person who —
a
intentionally obstructs a person exercising powers under paragraph (4)(a), (b) or (c) of regulation 9;
b
fails without reasonable excuse to comply with any requirement imposed under paragraph (1) of regulation 8 or paragraph (4)(d) of regulation 9; or
c
in purported compliance with such a requirement furnishes information which he knows to be false or misleading in any material particular or recklessly furnishes information which is false or misleading in any material particular,
is guilty of an offence.
Right of appeal
12
1
Any person who is aggrieved by a decision of the competent authority taken in respect of an establishment subject to approval under Article 4(2) of Regulation 853/2004 pursuant to —
a
Article 31(2)(c) of Regulation 882/2004 (approval);
b
Article 31(2)(d) of Regulation 882/2004 (conditional approval and full approval); or
c
Article 31(2)(e) of Regulation 882/2004 (withdrawal of approval and suspension of approval),
may appeal to a magistrates' court.
2
The procedure on an appeal to a magistrates' court under paragraph (1) shall be by way of complaint for an order, and the Magistrates' Courts Act 1980 shall apply to the proceedings.
3
The period within which an appeal under paragraph (1) may be brought shall be one month from the date on which notice of the decision was served on the person desiring to appeal and the making of a complaint for an order shall be deemed for the purposes of this paragraph to be the bringing of the appeal.
4
Where on an appeal under paragraph (1) a magistrates' court determines that the decision of the competent authority is incorrect, the authority shall give effect to the determination of the court.
5
Where an approval is refused or withdrawn, the food business operator who, immediately before such refusal or withdrawal, had been using the establishment concerned may continue to use it, subject to any conditions imposed by the competent authority for the protection of public health, unless —
a
the time for appealing against the decision to refuse or withdraw the approval has expired without an appeal having been lodged; and
b
where an appeal against that decision has been lodged, the appeal has been finally disposed of or abandoned.
6
Nothing in paragraph (5) shall permit an establishment to be used for a food business if —
a
a hygiene prohibition order, a hygiene emergency prohibition notice or a hygiene emergency prohibition order has been imposed in relation to the establishment;
b
a prohibition order, an emergency prohibition notice, an emergency prohibition order or an emergency control order has been imposed in relation to the establishment pursuant to section 11, 12 or 13 of the Act;
c
the approval of the establishment has been suspended pursuant to Article 31(2)(e) of Regulation 882/2004; or
d
the establishment is prevented from operating following the service of a remedial action notice.
7
In this regulation each of the terms “hygiene prohibition order”, “hygiene emergency prohibition notice”, “hygiene emergency prohibition order” and “remedial action notice” has the meaning that it bears in the Food Hygiene (England) Regulations 2006.
Appeal to Crown Court against dismissal of appeal under regulation 12(1)
13
A person who is aggrieved by the dismissal by a magistrates' court of an appeal to it under regulation 12(1) may appeal to the Crown Court.
Staff of competent authority of another member State
14
An authorised officer of a competent authority may take with him a member of staff of the competent authority of another member State for the purpose of conducting an administrative enquiry under Article 36 of Regulation 882/2004.
Commission experts
15
1
When an enforcing officer enters premises for the purposes of executing and enforcing official controls he may take with him a Commission expert to enable that expert to carry out functions under Article 45 of Regulation 882/2004.
2
In paragraph (1) and in paragraph (5)(b) of regulation 17 “enforcing officer” means an authorised officer of any authority which is responsible for executing and enforcing official controls for the verification of compliance with relevant feed law or relevant food law.
Prohibition on disclosure of trade secrets
16
If a person enters any premises by virtue of regulation 14 or 15 and discloses to any person any information obtained on the premises with regard to any trade secret he is, unless the disclosure is made in the performance of his duty, guilty of an offence.
Execution and enforcement
17
1
The authority responsible for executing and enforcing paragraph (3) of regulation 5 shall be the competent authority who imposed the requirement on the control body concerned under paragraph (1) of that regulation.
2
The authority responsible for executing and enforcing paragraph (8) of regulation 9 and regulation 11 shall be the Agency.
3
The authority responsible for executing and enforcing regulation 16 shall be the authority whose officer took the person who made the disclosure on to the premises concerned.
4
The authority responsible for executing and enforcing paragraph (8) of regulation 18 shall be the authority who authorised the person who entered the premises and disclosed the information.
5
The authority responsible for executing and enforcing regulation 19 shall —
a
where the offence relates to the execution of regulation 14, be the competent authority whose authorised officer took with him a member of staff of the competent authority of another member State;
b
where the offence relates to the execution of regulation 15, be the authority whose enforcing officer took with him a Commission expert; and
c
where the offence relates to the execution of regulation 18, be the relevant enforcement authority whose authorised officer exercised powers under that regulation.
Powers of entry
18
1
An authorised officer of a relevant enforcement authority other than the Agency shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours —
a
to enter any premises within the authority’s area or as the case may be district for the purpose of ascertaining whether there is or has been on the premises a contravention of any provision of this Part of these Regulations for which that authority has enforcement responsibility pursuant to regulation 17; and
b
to enter any premises, whether within or outside the authority’s area or as the case may be district, for the purpose of ascertaining whether there is on the premises any evidence of such a contravention within that area or district,
but admission to any premises used only as a private dwelling–house shall not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupier.
2
An authorised officer of the Agency shall, on producing if so required some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises for the purpose of —
a
ascertaining whether there is or has been on the premises a contravention of any provision of this Part of these Regulations for which the Agency has enforcement responsibility pursuant to regulation 17; and
b
ascertaining whether there is on the premises any evidence of such a contravention,
but admission to any premises used only as a private dwelling–house shall not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupier.
3
If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry onto any premises for any such purpose as is mentioned in paragraph (1) or (2) and either —
a
that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or
b
that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is temporarily absent,
the justice may by warrant signed by him authorise the authorised officer to enter the premises, if need be by reasonable force.
4
Every warrant granted under this regulation shall continue in force for a period of one month.
5
An authorised officer entering any premises by virtue of this regulation, or of a warrant issued under it, may take with him such other persons as he considers necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as he found them.
6
An authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, may inspect any records (in whatever form they are held) and, where any such records are stored in any electronic form —
a
may have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and
b
may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.
7
Any officer exercising any power conferred by paragraph (6) may —
a
seize and detain any records which he has reason to believe may be required as evidence in proceedings under any of the provisions of this Part of these Regulations; and
b
where the records are stored in any electronic form, require the records to be produced in a form in which they may be taken away.
8
If any person who enters any premises by virtue of this regulation, or of a warrant issued under it, discloses to any person any information obtained by him on the premises with regard to any trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.
9
Nothing in this regulation authorises any person, except with the permission of the local authority under the Animal Health Act 1981 , to enter any premises —
a
on which an animal or bird affected with any disease to which that Act applies is kept; and
b
which is situated in a place declared under that Act to be infected with such a disease.
Obstruction etc. of officers
19
1
Any person who —
a
intentionally obstructs any person acting in the execution of regulation 14, 15 or 18; or
b
without reasonable cause, fails to give to any person acting in the execution of regulation 14, 15 or 18 any assistance or information which that person may reasonably require of him for the performance of his functions under those regulations,
shall be guilty of an offence.
2
Any person who, in purported compliance with any such requirement as is mentioned in paragraph (1)(b) —
a
furnishes information which he knows to be false or misleading in a material particular; or
b
recklessly furnishes information which is false or misleading in a material particular,
shall be guilty of an offence.
3
Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Penalties
20
1
A person guilty of an offence under paragraph (8) of regulation 18 shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both.
2
A person guilty of an offence under paragraph (3) of regulation 5, paragraph (8) of regulation 9, regulation 11 or regulation 16 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
A person guilty of an offence under regulation 19 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
Time limit for prosecutions
21
No prosecution for an offence under paragraph (8) of regulation 18 shall be begun after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor,
whichever is the earlier.
PART 3
OFFICIAL CONTROLS ON FEED AND FOOD OF NON–ANIMAL ORIGIN FROM THIRD COUNTRIES
Interpretation of this Part of these Regulations
22
In this Part of these Regulations —
“authorised officer”, in relation to an enforcement authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under the Import Provisions;
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
“enforcement authority” means the feed authority or the food authority;
“feed” does not include additives of a type mentioned in Article 6(1)(e) of or paragraph 4(d) of Annex I to Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition or any premixture consisting solely of a combination of such additives;
“outside England enforcement authority” means the body responsible for enforcing the legislation in force with respect to imported products in any part of the United Kingdom except England;
“product” means feed or food whose import is regulated by Article 15 of Regulation 882/2004 (feed and food of non–animal origin not included in the scope of Directive 97/78/EC ) and includes those composite food products listed in the Annex to Commission Decision 2002/349/EC laying down the list of products to be examined at border inspection posts under Council Directive 97/78/EC which include only a limited percentage of products of animal origin and which are thereby excluded from the provisions of Directive 97/78/EC by Article 3(1) of that Decision; and
“the relevant territories” means the territories referred to in Annex I to Regulation 882/2004.
Feed enforcement responsibilities
23
It shall be the responsibility of each feed authority to execute and enforce the Import Provisions in its area or district as the case may be in relation to feed.
Food enforcement responsibilities
24
It shall be the responsibility of each food authority to execute and enforce the Import Provisions in its area in relation to food.
Functions of the Commissioners
25
The Commissioners shall carry out the functions given to customs services under Article 24 of Regulation 882/2004 in relation to feed and food.
Deferred execution and enforcement
26
1
Where —
a
a product from a third country has entered England;
b
customs examination of that product has been completed or has been deferred until it reaches its place of destination elsewhere in the United Kingdom;
c
an authorised officer of the enforcement authority for the place of entry has on reasonable grounds issued an authorisation confirming that —
i
examination of the product for the purposes of the Import Provisions should be deferred until the product arrives at its destination elsewhere in England, or
ii
such examination should take place when the product arrives at its destination elsewhere in the United Kingdom under legislation with respect to imported products in force there; and
d
a person importing the product gives that authorised officer an undertaking in writing as to the matters specified in paragraph (2),
the enforcement authority for the place in which the destination is located, if in England, shall become responsible for enforcing and executing the Import Provisions with respect to that product once it arrives there.
2
The undertaking shall —
a
state the destination of the product; and
b
confirm that —
i
the container containing the product has been sealed and will not be opened until it has reached that destination,
ii
the opening of the container has been authorised by the enforcement authority for the place in which the destination is located, if it is in England or the outside England enforcement authority if the destination is not in England, and
iii
the container will be available at that destination for examination under the Import Provisions or, as the case may be, legislation with respect to imported products in force elsewhere in the United Kingdom.
3
Where an authorised officer of an enforcement authority issues an authorisation pursuant to paragraph (1)(c), he shall —
a
(if the product’s place of destination is within England) notify the enforcement authority for that place or (if the product’s place of destination is in any other part of the United Kingdom) notify the outside England enforcement authority —
i
that the product (so described as to enable it to be identified) has not been examined under the Import Provisions, and
ii
if customs examination of the product has been deferred, of that fact; and
b
send the relevant authority a copy of any undertaking given pursuant to paragraph (1)(d).
4
Where a product has been sent to a destination in England from another part of the British Islands and examination of that product has been deferred under legislation with respect to imported products in force there, the enforcement authority for the place of destination shall become responsible for enforcing and executing the Import Provisions with respect to that product once it arrives in England.
5
No person shall breach an undertaking given under paragraph (1)(d).
Prohibition on introduction of certain feed and food
27
1
No person shall —
a
introduce into England from a third country specified feed which fails to comply with feed safety requirements; or
b
introduce into England from elsewhere in the relevant territories specified feed originating in a third country which fails to comply with feed safety requirements.
2
No person shall —
a
introduce into England from a third country specified food which fails to comply with —
i
food safety requirements, or
ii
the requirements of Articles 3 to 6 of Regulation 852/2004; or
b
introduce into England from elsewhere in the relevant territories specified food originating in a third country which fails to comply with —
i
food safety requirements, or
ii
the requirements of Articles 3 to 6 of Regulation 852/2004.
3
In this regulation —
a
“specified feed” means feed that is a product; and
b
“specified food” means food that is a product.
Checks on products
28
1
The person responsible for introducing any product into England shall permit an authorised officer of an enforcement authority to carry out checks in relation to the product pursuant to Article 16 of Regulation 882/2004.
2
When an authorised officer is carrying out checks in relation to a product pursuant to Article 16 of Regulation 882/2004, the person introducing the product shall provide the facilities and assistance which the authorised officer reasonably requires to carry them out.
3
When an authorised officer of an enforcement authority is carrying out an identity check or a physical check on a product in accordance with Article 16 of Regulation 882/2004 he shall be entitled to require that the check takes place at a specified place.
Detention, destruction, special treatment, re–dispatch and other appropriate measures and costs
29
1
An enforcement authority shall have the power to do anything that a competent authority may do under Articles 18 to 21 and 24(3) of Regulation 882/2004 if the conditions set out in those Articles are fulfilled.
2
The enforcement authority shall be the competent authority for the purposes of Article 22 of Regulation 882/2004.
Notices pursuant to Article 19 of Regulation 882/2004 (imports of feed and food from third countries)
30
1
If an authorised officer of an enforcement authority wishes to take any of the measures referred to in Article 19(1)(a) and (b) of Regulation 882/2004 in respect of feed or food he shall serve a notice to that effect on the feed or food business operator, as the case may be, responsible for it after he has heard that feed or food business operator as provided in Article 19.
2
If an authorised officer of an enforcement authority wishes to exercise any of the powers referred to in Article 19(2) of Regulation 882/2004 in respect of feed or food he shall serve a notice to that effect on the feed or food business operator, as the case may be, responsible for it.
Right of appeal in respect of notices served under regulation 30
31
1
Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve a notice under regulation 30 may appeal to a magistrates' court.
2
The procedure on an appeal to a magistrates' court under paragraph (1) shall be by way of complaint for an order, and the Magistrates' Courts Act 1980 shall apply to the proceedings.
3
The period within which an appeal under paragraph (1) may be brought shall be one month from the date on which the notice was served on the person desiring to appeal and the making of a complaint for an order shall be deemed for the purposes of this paragraph to be the bringing of the appeal.
4
Where on an appeal under paragraph (1) a magistrates' court determines that the decision of the authorised officer of the enforcement authority is incorrect, the authority shall give effect to the determination of the court.
Appeal to Crown Court against dismissal of appeal under regulation 31
32
A person who is aggrieved by the dismissal by a magistrates' court of an appeal to it under regulation 31(1) may appeal to the Crown Court.
Serious risk to animal or public health
33
1
Where the Secretary of State or the Agency learns or has reasonable grounds to suspect that any food or feed that has been or may be introduced into England from a third country is likely to constitute a serious risk to animal or public health, she or as the case may be it may by written declaration suspend, or impose conditions on, the introduction into England of any product from the whole or any part of that third country.
2
Such a declaration shall be published in such manner as the Secretary of State or the Agency, as the case may be, thinks fit and shall specify the product and the third country or part thereof concerned.
3
A declaration which imposes conditions on the introduction of any product from a third country or part thereof shall specify those conditions.
4
Where a declaration is in force suspending the introduction of any product, no person shall introduce that product into England if it originates in the third country or part thereof specified in the declaration.
5
Where a declaration is in force imposing conditions on the introduction of any product, no person shall introduce that product into England if it originates in the third country or part thereof specified in the declaration unless the product complies with conditions specified in the declaration.
6
A declaration may be modified, suspended or revoked by a further written declaration published, so far as is practicable, in the same manner and to the same extent as the original declaration.
Liability for charges
34
1
The enforcement authority shall notify the person responsible for a consignment of the charge falling to be paid for the controls carried out on it by the authority.
2
Any charge notified to a person by the enforcement authority under paragraph (1) shall be payable by that person to the enforcement authority on demand.
3
The charge referred to in paragraph (1) is the aggregate of the costs incurred in relation to the consignment by the enforcement authority acting as the competent authority for the purposes of Article 22 of Regulation 882/2004 by virtue of regulation 29(2).
Procurement by authorised officers of samples with regard to food
35
An authorised officer of a food authority may, for the purposes of the execution and enforcement by that authority of the Import Provisions —
a
purchase a sample of any food, or any substance capable of being used in the preparation of food;
b
take a sample of any food, or any such substance, which —
i
appears to him to be intended for placing on the market or to have been placed on the market, for human consumption, or
ii
is found by him on or in any premises which he is authorised to enter by or under regulation 37;
c
take a sample from any food source, or a sample of any contact material, which is found by him on or in any such premises; and
d
take a sample of any article or substance which is found by him on or in any such premises and which he has reason to believe may be required as evidence in proceedings under any of the provisions of the Import Provisions.
Analysis etc. of samples
36
1
An authorised officer of a food authority who has procured a sample under regulation 35 shall —
a
if he considers that the sample should be analysed, submit it to be analysed by a public analyst;
b
if he considers that the sample should be examined, submit it to be examined by a food examiner.
2
A person, other than such an officer, who has purchased any food, or any substance capable of being used in the preparation of food, may submit a sample of it —
a
to be analysed by the public analyst for the area in which the purchase was made; or
b
to be examined by a food examiner.
3
If, in any case where a sample is proposed to be submitted for analysis under this regulation, the office of public analyst for the area in question is vacant, the sample shall be submitted to the public analyst for some other area.
4
If, in any case where a sample is proposed to be or is submitted for analysis or examination under this regulation, the food analyst or examiner determines that he is for any reason unable to perform the analysis or examination, the sample shall be submitted or, as the case may be, sent by him to such other food analyst or examiner as he may determine.
5
A food analyst or examiner shall analyse or examine as soon as practicable any sample submitted or sent to him under this regulation, but may, except where —
a
he is the public analyst for the area in question; and
b
the sample is submitted to him for analysis by an authorised officer of a food authority,
demand in advance the payment of such reasonable fee as he may require.
6
Any food analyst or examiner who has analysed or examined a sample shall give to the person by whom it was submitted a certificate specifying the result of the analysis or examination.
7
Any certificate given by a food analyst or examiner under paragraph (6) shall be signed by him, but the analysis or examination may be made by any person acting under his direction.
8
In any proceedings under the Import Provisions, the production by one of the parties —
a
of a document purporting to be a certificate given by a food analyst or examiner under paragraph (6); or
b
of a document supplied to him by the other party as being a copy of such a certificate,
shall be sufficient evidence of the facts stated in it unless, in a case falling within sub–paragraph (a), the other party requires that the food analyst or examiner shall be called as a witness.
9
Any reference in this regulation to a public analyst for a given area shall, where two or more public analysts have been appointed for that area, be construed as a reference to either or any of them.
10
The Food Safety (Sampling and Qualifications) Regulations 1990 shall apply in relation to a sample procured by an authorised officer of a food authority under regulation 35 as if it were a sample procured by an authorised officer under section 29 of the Act.
11
The certificate given by a food analyst or examiner under paragraph (6) shall be in the form set out in Schedule 3 to the Food Safety (Sampling and Qualifications) Regulations 1990.
Powers of entry of authorised officers of a food authority
37
1
An authorised officer of a food authority shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours —
a
to enter any premises within the authority’s area for the purpose of ascertaining whether there is or has been on the premises any contravention of the provisions of the Import Provisions in relation to food;
b
to enter any premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any such contravention within that area; and
c
to enter any premises for the purpose of the performance by the authority of their functions under the Import Provisions,
but admission to any premises used only as a private dwelling–house shall not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupier.
2
If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry onto any premises for any such purpose as is mentioned in paragraph (1) and either —
a
that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or
b
that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is temporarily absent,
the justice may by warrant signed by him authorise the authorised officer to enter the premises, if need be by reasonable force.
3
Every warrant granted under this regulation shall continue in force for a period of one month.
4
An authorised officer entering any premises by virtue of this regulation, or of a warrant issued under it, may take with him such other persons as he considers necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as he found them.
5
An authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, may inspect any records (in whatever form they are held) relating to a food business and, where any such records are stored in any electronic form —
a
may have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and
b
may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.
6
Any officer exercising any power conferred by paragraph (5) may —
a
seize and detain any records which he has reason to believe may be required as evidence in proceedings under any of the provisions of the Import Provisions; and
b
where the records are stored in any electronic form, require the records to be produced in a form in which they may be taken away.
7
If any person who enters any premises by virtue of this regulation, or of a warrant issued under it, discloses to any person any information obtained by him on the premises with regard to any trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.
8
Nothing in this regulation authorises any person, except with the permission of the local authority under the Animal Health Act 1981, to enter any premises —
a
on which an animal or bird affected with any disease to which that Act applies is kept; and
b
which is situated in a place declared under that Act to be infected with such a disease.
Obstruction etc. of officers (imports)
38
1
Any person who —
a
intentionally obstructs any person acting in the execution of the Import Provisions; or
b
without reasonable cause, fails to give to any person acting in the execution of the Import Provisions any assistance or information which that person may reasonably require of him for the performance of his functions under the Import Provisions,
shall be guilty of an offence.
2
Any person who, in purported compliance with any such requirement as is mentioned in paragraph (1)(b) —
a
furnishes information which he knows to be false or misleading in a material particular; or
b
recklessly furnishes information which is false or misleading in a material particular,
shall be guilty of an offence.
3
Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences and penalties
39
1
Any person who —
a
contravenes or fails to comply with paragraph (5) of regulation 26, regulation 27 or paragraph (4) or (5) of regulation 33; or
b
fails to comply with a notice served upon him under the Import Provisions,
shall be guilty of an offence.
2
Subject to paragraph (3), a person guilty of an offence under this Part of these Regulations shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both.
3
A person guilty of an offence under regulation 38 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
Time limit for prosecutions (imports)
40
No prosecution for an offence under this Part of these Regulations which is punishable under regulation 39(2) shall be begun after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor,
whichever is the earlier.
PART 4
ENFORCEMENT AND SUPPLEMENTARY PROVISIONS
Offences due to fault of another person
41
Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first–mentioned person.
Defence of due diligence
42
1
In any proceedings for an offence under these Regulations, it shall, subject to paragraph (2), be a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
2
If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the accused shall not, without leave of the court, be entitled to rely on that defence unless —
a
at least seven clear days before the hearing; and
b
where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
Offences by bodies corporate
43
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
In paragraph (1)(a) “director”, in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.
Offences by Scottish partnerships
44
Where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he, as well as the partnership shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.
Protection of officers acting in good faith
45
1
An officer of a relevant body is not personally liable in respect of any act done by him —
a
in the execution or purported execution of the Official Control Regulations; and
b
within the scope of his employment,
if he did that act in the honest belief that his duty under the Official Control Regulations required or entitled him to do it.
2
Nothing in paragraph (1) shall be construed as relieving any relevant body of any liability in respect of the acts of its officers.
3
Where an action has been brought against an officer of a relevant body in respect of an act done by him —
a
in the execution or purported execution of the Official Control Regulations; but
b
outside the scope of his employment,
the body may indemnify him against the whole or a part of any damages which he has been ordered to pay or any costs which he may have incurred if it is satisfied that he honestly believed that the act complained of was within the scope of his employment.
4
In so far as a food authority is a relevant body for the purposes of this regulation, a public analyst appointed by a food authority shall be treated for the purposes of this regulation as being an officer of the authority, whether or not his appointment is a whole–time one.
5
In this regulation “relevant body” means a body acting as —
a
a competent authority;
b
an enforcement authority as defined in regulation 22; or
c
a relevant enforcement authority.
Service of documents
46
1
Any document which is required or authorised under these Regulations to be served on a person may be served —
a
by delivering it to that person;
b
in the case of an incorporated company or body, by delivering it to their secretary at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office; or
c
in the case of any other person, by leaving it or sending it in a prepaid letter addressed to him at his usual or last known residence.
2
Where a document is to be served on the occupier of any premises under these Regulations and it is not reasonably practicable to ascertain the name and address of the person on whom it should be served, or the premises are unoccupied, the document may be served by addressing it to the person concerned in the capacity of “occupier” of the premises (naming them), and —
a
by delivering it to some other person at the premises; and
b
if there is no other person at the premises to whom it can be delivered, by affixing it or a copy of it to some conspicuous part of the premises.
Consequential amendment
47
1
The Feed (Hygiene and Enforcement) (England) Regulations 2005 are amended as provided in paragraph (2).
2
In Schedule 1 (specified feed law) for the words “The Official Feed and Food Controls (England) Regulations 2005” there shall be substituted the words “The Official Feed and Food Controls (England) Regulations 2006”.
Revocation
48
The Official Feed and Food Controls (England) Regulations 2005 are revoked.
Signed by authority of the Secretary of State for Health
Caroline Flint
Parliamentary Under Secretary of State
Department of Health
9th January 2006


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Commencement No.9 and Amendment) Order 2006 and shall come into force on 15th August 2006.
2
Section 163(2) of the Serious Organised Crime and Police Act 2005, insofar as it relates to section 113B (10)(h) of the Police Act 1997, shall come into force on 25th September 2006 in England and Wales only.
3
In the Serious Organised Crime and Police Act 2005 (Commencement) ( No. 7) Order 2006 , for the words “(No. 7)” in the title and in article 1 (citation) substitute “(No. 8)”.
Joan Ryan
Parliamentary Under Secretary of State
Home Office
8th August 2006


text:
Citation and commencement
1
This Order may be cited as the Social Security Pensions (Low Earnings Threshold) Order 2006 and shall come into force on 6th April 2006.
Low earnings threshold
2
It is hereby directed that, for the purposes of the Social Security Contributions and Benefits Act 1992 , the low earnings threshold for the tax years following the tax year 2005 – 2006 shall be £12,500.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
27th February 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nottingham University Hospitals National Health Service Trust (Trust Funds: Appointment of Trustees) Order 2006 and shall come into force on 20 th July 2006.
2
In this Order —
“ the Act ” means the National Health Service and Community Care Act 1990; and
“the Trust” means the Nottingham University Hospitals National Health Service Trust .
Appointment of trustees
2
1
The Secretary of State shall appoint trustees for the Trust for the purpose of exercising the functions described in section 11(1) of the Act (trust funds and trustees of NHS trusts).
2
The appointment of any such trustee shall be for such a period, not exceeding 4 years, as the Secretary of State may specify on making the appointment.
Termination and suspension of appointment
3
Where the Secretary of State is of the opinion that it is not in the interests of the Trust or the health service that a trustee for the Trust should continue to hold that office, she may forthwith terminate the appointment and, pending her decision, may suspend any such trustee from such office.
Signed by the authority of the Secretary of State for Health
Andrew Burnham
Minister of State
Department of Health
1st July 2006


text:
Citation and commencement
1
These Regulations may be cited as the Reporting of Savings Income Information (Amendment) Regulations 2006 and shall come into force on 1st January 2007.
Amendments to the Reporting of Savings Income Information Regulations 2003
2
1
The Reporting of Savings Income Information Regulations 2003 are amended as follows.
2
In the Schedule, in Table 1 (entities within the European Union) —
a
after the entries for Belgium insert —
Bulgaria
Общините (municipalities)
Социалноосигурителни фондове (Social Security Funds)
b
after the entries for Portugal insert —
Romania
autorităţile administraţiei publice locale (local public administration authorities)
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
11th December 2006


text:
1
This Order may be cited as the Domestic Violence, Crime and Victims Act 2004 (Victims' Code of Practice) Order 2006 and shall come into force on 3rd April 2006.
2
The code of practice entitled “The Code of Practice for Victims of Crime” laid before Parliament on 19th October 2005 shall come into operation on 3rd April 2006.
Fiona Mactaggart
Parliamentary Under Secretary of State
Home Office
6th March 2006


text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2006;
b
come into force on 6th April 2006;
c
apply in England only.
Prescribed ranges of fixed penalties
2
1
The amount of a fixed penalty capable of being specified by —
a
a principal litter authority in England under section 88(6A)(a) of the Environmental Protection Act 1990 ;
b
a principal litter authority in England under paragraph 7(4)(a) of Schedule 3A to the Environmental Protection Act 1990 ;
c
a relevant local authority in England under section 43A(1)(a) of the Anti-social Behaviour Act 2003;
d
a primary authority or a secondary authority in England under section 60(1)(a) of the Clean Neighbourhoods and Environment Act 2005 in relation to any dog control order made by that authority;
e
a local authority in England under section 74(2)(a) of the Clean Neighbourhoods and Environment Act 2005,
shall be not less than £50 and not more than £80.
2
The amount of a fixed penalty capable of being specified by —
a
a waste collection authority in England under section 47ZB(2)(a) of the Environmental Protection Act 1990;
b
a principal litter authority in England under section 94A(4)(a) of the Environmental Protection Act 1990 ;
c
a local authority in England under section 8A(2)(a) of the Noise Act 1996,
shall be not less than £75 and not more than £110.
3
An authority acting under more than one of the provisions in paragraph (1) or in paragraph (2) may specify a different amount under each such provision.
Lesser amounts of fixed penalties
3
1
Where —
a
a litter authority in England acting under section 88(7) of the Environmental Protection Act 1990 ;
b
a principal litter authority in England acting under paragraph 7(5) of Schedule 3A to the Environmental Protection Act 1990;
c
a local authority in England acting under section 43A(3) of the Anti-social Behaviour Act 2003;
d
a primary authority or a secondary authority in England acting under section 60(3) of the Clean Neighbourhoods and Environment Act 2005;
e
a local authority in England acting under section 74(3) of the Clean Neighbourhoods and Environment Act 2005,
makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount shall be not less than £50.
2
Where —
a
a waste collection authority in England acting under section 47ZB(3) of the Environmental Protection Act 1990;
b
a principal litter authority in England acting under section 94A(5) of the Environmental Protection Act 1990;
c
a local authority in England acting under section 8A(3) of the Noise Act 1996;
d
a local authority acting under section 6(10) of the Clean Neighbourhoods and Environment Act 2005,
makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount shall be not less than £60.
3
Where a local authority acting under section 2A(10) of the Refuse Disposal (Amenity) Act 1978 makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount shall be not less than £120.
4
Where —
a
a regulation authority acting under section 5B(11) of the Control of Pollution (Amendment) Act 1989 ;
b
an enforcement authority acting under section 34A(11) of the Environmental Protection Act 1990 ,
makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount shall be not less than £180.
5
An authority acting under more than one of the sub-paragraphs in paragraph (1), paragraph (2) or paragraph (4) may specify a different lesser amount under each such sub-paragraph.
Use of fixed penalty receipts: specification of functions
4
1
Where, and for as long as, any authority of a type described in paragraph (2) is categorised as “excellent” or “good” in a categorisation Order , any functions of that authority (in addition to those already specified in the section referred to in the relevant description) are hereby specified as functions or, in the case of an authority of a type described in paragraph (2)(d) or (f), as “qualifying functions”, of the authority for the purposes of which it may use its fixed penalty receipts.
2
The types of authority are —
a
a local authority to which section 2C of the Refuse Disposal (Amenity) Act 1978 applies;
b
a waste collection authority to which section 5C of the Control of Pollution (Amendment) Act 1989 applies;
c
a waste collection authority to which section 73A of the Environmental Protection Act 1990 applies;
d
a local authority to which section 9(4), as read with section 9(4A), of the Noise Act 1996 applies;
e
a local authority to which section 8 of the Clean Neighbourhoods and Environment Act 2005 applies;
f
a local authority to which section 75 of the Clean Neighbourhoods and Environment Act 2005 applies.
3
In this regulation and in regulation 5 a “categorisation Order” means an Order made by the Secretary of State under section 99(4) of the Local Government Act 2003 .
Use of fixed penalty receipts: transitional arrangement
5
In the event that any authority of a type described in regulation 4(2) is no longer categorised as “excellent” or “good” in a categorisation Order, regulation 4(1) will continue to apply for a period of one year from the date on which that cessation comes into effect as though that authority were still categorised as “excellent” or “good”.
Condition to be satisfied by a person before he may issue certain fixed penalty notices
6
1
No person shall be an authorised officer of a parish council, or in relation to the provision listed in sub-paragraph (c) of another person or body designated under section 58(3) of the Clean Neighbourhoods and Environment Act 2005 as a secondary authority in England for the purposes of Chapter 1 of Part 6 of that Act, for the purpose of giving notices under —
a
section 88 of the Environmental Protection Act 1990;
b
section 43(1) of the Anti-social Behaviour Act 2003;
c
section 59 of the Clean Neighbourhoods and Environment Act 2005,
unless he has successfully completed an approved course of training provided by a recognised training provider.
2
For the purposes of this regulation —
a
an approved course of training is one approved by the Secretary of State as being suitable for equipping a person who successfully completes it for the purpose of issuing notices under one or more of the provisions listed in paragraph (1).
b
a recognised training provider is one recognised by the Secretary of State as providing an approved course of training.
3
The Secretary of State shall publish a list of —
a
the courses approved, and
b
the training providers recognised,
by her in accordance with paragraph (2).
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Date 10th March 2006


text:
Citation, application and commencement
1
These Regulations, which apply to England only, may be cited as the Non-Domestic Rating (Chargeable Amounts) (Amendment) (England) Regulations 2006 and shall come into force on the day after the day on which they are made.
Amendment to the Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2004
2
The Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2004 are amended in regulation 3 by the substitution for paragraph (2) of —
2
For the purposes of paragraph (1)(a), the conditions are that the hereditament is shown in any list for —
a
31st March 2005;
b
the relevant day, with a rateable value greater than zero; and
c
each day (if any) falling after 31st March 2005 and before the relevant day, with a rateable value greater than zero.
.
Signed by authority of the Secretary of State
Phil Woolas
Minister of State
Department for Communities and Local Government
13th December 2006


text:
1
This Order may be cited as the A249 Trunk Road (Iwade Bypass to Queenborough Improvement) (50 Miles Per Hour Speed Limit) Order 2006 and shall come into force on 30th May 2006.
2
No person shall cause or permit any vehicle to be driven at a speed exceeding 50 miles per hour on the length of the new Trunk Road described in the Schedule to this Order.
Signed by authority of the Secretary of State for Transport
Peter Wallwork
Divisional Director, Major Projects Division, Highways Agency
10th May 2006


text:
Citation and commencement
1
This Order may be cited as the Social Security (Graduated Retirement Benefit) (Consequential Provisions) Order 2006 and shall come into force on the day after the day on which it is made.
Amendment of the Social Security Administration Act 1992
2
In section 150 of the Social Security Administration Act 1992 (annual up-rating of benefits), after subsection (11) add —
12
So long as sections 36 and 37 of the National Insurance Act 1965 continue in force as mentioned in subsection (11), this section applies as if subsections (1) and (3) included the sums mentioned in subsection (13).
13
Those sums are lump sums to which surviving spouses or civil partners will become entitled, by virtue of regulations made under section 62(1)(c) of the Contributions and Benefits Act, on becoming entitled to —
a
a Category A or Category B retirement pension; or
b
graduated retirement benefit.
.
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
25th October 2006


text:
Citation and commencement
1
These Regulations may be cited as the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 and shall come into force on 1st April 2006.
Interpretation
2
In these Regulations —
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“bus” means a motor vehicle which is designed or adapted to travel along roads and to carry more than eight passengers but which is not a tramcar;
“cableway installation” means an installation made up of several components that —
is used or intended to be used for the purpose of providing an operational system for carrying persons in vehicles, on chairs or by towing devices;
uses cables positioned along the line of travel to provide suspension or traction or both; and
is one of the following —
a cable car (including a gondola and chair lift) where the cabins or chairs are lifted or displaced by one or more carrier cables;
a drag lift, where users with appropriate equipment are dragged by means of a cable; or
a funicular railway or other installation with vehicles mounted on wheels or on other suspension devices where traction is provided by one or more cables;
but does not include rack railways or cable operated tramways;
“carriageway” —
in England and Wales, has the same meaning as in section 329(1) of the Highways Act 1980 ; and
in Scotland, has the same meaning as in section 151 of the Roads (Scotland) Act 1984 ;
“construction work” has the same meaning as in regulation 2(1) of the Construction (Design and Management) Regulations 1994 except that it does not include the installation, commissioning, maintenance, repair or removal of gas services which are normally fixed within or to a structure;
“dock premises” has the same meaning as in regulation 2(1) of the Docks Regulations1988 ;
“ Enforcing Authority Regulations ” means the Health and Safety (Enforcing Authority) Regulations 1998 ;
“ the Executive ” means the Health and Safety Executive;
“factory” means a factory within the meaning of section 175 of the Factories Act 1961 or a power generating station but does not include —
light maintenance depots;
any premises forming part of a heritage railway which are used exclusively or primarily for the reconstruction, renovation, refurbishment or repair of vehicles for use on the heritage railway;
any premises forming part of a heritage tramway which are used exclusively or primarily for the reconstruction, renovation, refurbishment or repair of vehicles for use on the heritage tramway;
premises owned or operated by, or on behalf of, the Secretary of State for Defence; or
power generating stations which produce power exclusively for use in a system of transport specified in regulation 3(2);
“guided bus system” means a system of transport, used wholly or mainly for the carriage of passengers, that employs buses which for some or all of the time when they are in operation —
travel along roads; and
are guided (whether while on the road or at other times) by means of —
apparatus, a structure or other device which is fixed and not part of the bus; or
a guidance system which is automatic;
“guided transport” means a system of transport, used wholly or mainly for the carriage of passengers, employing vehicles;
“heritage railway” means a railway which is operated to —
preserve, re-create or simulate railways of the past; or
demonstrate or operate historical or special types of motive power or rolling stock;
and is exclusively or primarily used for tourist, educational or recreational purposes;
“heritage tramway” means a tramway which is operated to —
preserve, re-create or simulate tramways of the past; or
demonstrate or operate historical or special types of motive power or rolling stock;
and is exclusively or primarily used for tourist, educational or recreational purposes;
“infrastructure” means the following fixed assets used for the operation of any system of transport specified in regulation 3(2) —
the permanent way;
electrical and mechanical installations used for signalling;
electrical installations used for supplying power to vehicles; and
any other plant, equipment or electrical or mechanical installation;
but, where and to the extent that the system is operated on a road, does not include road lighting, road traffic signals and signage or any apparatus located on, under or above the road unless used for the purposes of that system and maintained by the owner, operator or manager of the system or persons acting on behalf of one or more of them;
“intermodal depot” means a freight handling facility which is operated exclusively or primarily for the purpose of transferring containers from railway vehicles onto a different mode of transport or vice versa;
“lift” means an appliance, other than a cableway installation, serving specific levels and having a car moving —
along guides which are rigid; or
along a fixed course even where it does not move along guides which are rigid;
and inclined at an angle of more than 15 degrees to the horizontal and intended wholly or mainly for the transport of persons;
“light maintenance depot” means any premises used exclusively or primarily for, or in connection with, the provision of light maintenance services;
“light maintenance services” means services of any of the following descriptions —
the refuelling of vehicles;
the cleaning of vehicles; and
the carrying out to vehicles of maintenance work of a kind which is normally carried out at regular intervals of twelve months or less to prepare the vehicles for service;
and, for the purposes of paragraph (c), “maintenance work” includes the detection and rectification of any faults;
“mine” has the same meaning as in section 180 of the Mines and Quarries Act 1954 but, notwithstanding subsection (5) of that section, does not include any railway serving the mine unless and to the extent that the railway is located within the curtilage of the mine;
“nuclear licensed site” means a site in respect of which a nuclear site licence, within the meaning of section 1(1) of the Nuclear Installations Act 1965 , has been granted and is in force;
“operation of a railway” includes, in particular, —
use, parking, sheltering, maintenance and repair of a vehicle including its inspection, cleaning, fuelling and preparation for use;
subject to paragraph (k), loading or unloading of goods on or from vehicles at operational premises;
ensuring the fitness of trains to enter into service, in particular, in the case of freight trains, by checking the condition and distribution of goods carried;
use of the infrastructure;
use of those fixed assets of the railway (other than infrastructure) which are both used in its operation and comprise, or are located within, operational premises;
use of signalling control centres, or centres used for the operation of communications systems or systems used for monitoring the operation of the railway, whether or not within operational premises, together with any railway offices within the same premises;
training of railway staff within operational premises or other premises included within paragraph (f);
carrying out construction work to the extent stated in regulation 5; and
reconstruction, renovation, refurbishment and repair of vehicles for use on a heritage railway carried out at premises used exclusively or primarily for these purposes and which form part of the heritage railway;
but does not include —
subject to paragraph (f), office activities relating to the railway which are not carried out within operational premises; or
loading or unloading of goods on or from vehicles at dock premises, intermodal depots or premises owned or operated by, or on behalf of, the Secretary of State for Defence;
“operation of a tramway” and “operation of any other system of guided transport” includes, in particular, —
use, parking, sheltering, maintenance and repair of vehicles including their inspection, cleaning, fuelling and preparation for use;
ensuring the fitness of vehicles to enter into service;
use of the infrastructure;
use of those fixed assets of the system of transport (other than infrastructure) which are both used in its operation and comprise, or are located within, operational premises;
use of signalling control centres, or centres used for the operation of communications systems or systems used for monitoring the operation of the system of transport, whether or not within operational premises, together with any offices of the system of transport within the same premises;
training of staff within operational premises or other premises included within paragraph (e);
carrying out construction work to the extent stated in regulation 5; and
in the case of tramways, the reconstruction, renovation, refurbishment and repair of vehicles for use on a heritage tramway carried out at premises used exclusively or primarily for these purposes and which form part of the heritage tramway;
but, subject to paragraph (e), does not include office activities relating to the system of transport which are not carried out within operational premises;
“operational premises” means, in relation to any system of transport specified in regulation 3(2), —
the permanent way;
stations;
light maintenance depots; and
any land adjacent to or adjoining the permanent way which is used, occupied or held for the purposes of the system;
but does not include —
parts separately occupied for the carrying on of any trade, business or undertaking other than for the purposes of the system, including shops, offices or premises used for the provision of catering services or temporary residential accommodation; or
where and to the extent that the system is operated on a road, all other parts of the road including bridges, tunnels, culverts, retaining walls or other structures used or to be used for the support of, or otherwise in connection with, the road;
“the permanent way”, in relation to any system of transport specified in regulation 3(2), means any land or other property comprising the permanent way of the system, taken together with the ballast, sleepers and metals or other means of guidance laid on, under or over it, whether or not the land or other property is also used for other purposes and includes —
any level crossings, bridges, viaducts, tunnels, culverts, retaining walls or other structures used or to be used for the support of, or otherwise in connection with, the permanent way; and
any walls, fences or other structures bounding the system or bounding any adjacent or adjoining property;
but does not include —
any bridge, structure or other property which spans the permanent way and is maintained by persons other than the owner, operator or manager of the system or persons acting on behalf of one or more of them; or
where and to the extent that the system is operated on a road, all other parts of the road including bridges, tunnels, culverts, retaining walls or other structures used or to be used for the support of, or otherwise in connection with, the road;
“power generating station” means any premises used exclusively or primarily for the purposes of generating electrical energy;
“quarry” has the same meaning as in regulation 3 of the Quarries Regulations 1999 ;
“railway” means a system of transport employing parallel rails which —
provide support and guidance for vehicles carried on flanged wheels; and
form a track which either is of a gauge of at least 350 millimetres or crosses a carriageway (whether or not on the same level);
but does not include a tramway;
“road” —
in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes; and
in Scotland, has the same meaning as in the Roads (Scotland) Act 1984;
“station” means any premises used as, or for the purposes of, or otherwise in connection with, a passenger station or terminal of a system of transport specified in regulation 3(2), (including station offices, ticket offices, left luggage and lost property facilities, approaches, forecourt, car parks and cycle stores), whether or not the premises are also used for other purposes;
“tramway” means a system of transport used wholly or mainly for the carriage of passengers —
which employs parallel rails which —
provide support and guidance for vehicles carried on flanged wheels;
are laid wholly or partly along a road or in any other place to which the public has access (including a place to which the public has access only on making a payment); and
on any part of which the permitted maximum speed is such as to enable the driver to stop a vehicle in the distance he can see to be clear ahead;
“vehicle” means any vehicle which for some or all of the time when it is in operation is guided by means of —
rails, beams, slots, guides or other apparatus, structures or devices which are fixed and not part of the vehicle; or
a guidance system which is automatic;
and includes a mobile traction unit;
“warehouse premises” means any premises used exclusively or primarily for the storage of goods for retail or wholesale distribution.
Enforcing authority
3
1
Subject to paragraphs (3) to (5), the Office of Rail Regulation shall be responsible for the enforcement of the relevant statutory provisions to the extent that they relate to any activity specified in paragraph (2) (whether or not that activity is the main activity carried out in premises).
2
Subject to regulations 4 and 5, the activities referred to in paragraph (1) are the following —
a
the operation of a railway;
b
the operation of a tramway; and
c
the operation of any other system of guided transport.
3
The Office of Rail Regulation shall be responsible for the enforcement of subsections (1), (2), (4) and (5) of section 6 of the 1974 Act (general duties of manufacturers etc as regards articles and substances for use at work) but only in so far as their requirements relate to any —
a
articles for use at work which are designed, manufactured, imported or supplied, or
b
substances which are manufactured, imported or supplied,
to be used exclusively or primarily in the construction or operation of any system of transport specified in paragraph (2).
4
The Office of Rail Regulation shall be responsible for the enforcement of subsection (3) of section 6 of the 1974 Act but only in so far as its requirements relate to the erection or installation of any articles for use at work which are to be used in the operation of any system of transport specified in paragraph (2).
5
This regulation shall have effect subject to regulation 58(5) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 (defence and enforcement)  .
6
This regulation shall have effect notwithstanding anything to the contrary in the following provisions of the Enforcing Authority Regulations —
a
regulation 3;
b
paragraphs (1) and (2) of regulation 4 but only in so far as they relate to the bodies specified in paragraph (3) (a), (b) and (h) of that regulation;
c
regulation 4(4)(a); and
d
regulation 4(4)(b) but only in so far as it relates to the activity specified in paragraph 4(a) of Schedule 2;
or in any transfer or assignment pursuant to regulations 5 or 6 of those Regulations.
Exceptions
4
1
The activities specified in regulation 3(2) do not include the operation of —
a
a cableway installation; or
b
any fairground equipment .
2
The systems of guided transport specified in regulation 3(2) (c) do not include —
a
a guided bus system;
b
any other system of guided transport that employs vehicles which for some or all of the time when they are in operation travel along roads; or
c
a lift, unless it is used in the operation of any system of transport specified in regulation 3(2).
3
The operation of a system of transport specified in regulation 3(2) does not include such an operation carried out within —
a
dock premises which are within premises referred to in any of sub-paragraphs (c) to (h);
b
any other dock premises unless —
i
the system of transport operated is part of a system which is operated outside the dock premises; and
ii
the operation is for the purpose of or related to the carriage of passengers or goods to or from the dock premises by that system;
c
an establishment to which the Control of Major Accident Hazards Regulations 1999 applies;
d
a factory;
e
a mine;
f
a nuclear licensed site;
g
a quarry; or
h
warehouse premises.
4
Notwithstanding paragraph (3), the Office of Rail Regulation shall be responsible for the enforcement of orders made under section 1 of the Level Crossings Act 1983 whether or not a level crossing to which such an order relates is within any premises referred to in paragraph (3).
5
The activities specified in regulation 3(2) do not include the undertaking of any work which is prohibited by the Asbestos (Licensing) Regulations 1983 from being carried out by any employer or self employed person without a licence granted under regulation 4 of those Regulations relating to that work.
Construction work
5
1
Without prejudice to regulation 4(5), in paragraph (2) of regulation 3 “operation” includes the carrying out of construction work if —
a
it relates to the maintenance, repair, renewal or improvement of infrastructure; or
b
subject to paragraph (2), it is carried out within operational premises and relates to the maintenance, repair, renewal or improvement of any fixed assets other than infrastructure.
2
Paragraph (1) (b) does not include construction work —
a
where —
i
regulation 7(1) of the Construction (Design and Management) Regulations 1994 (which requires notice to be given of projects which include or are intended to include construction work ) applies to the project which includes that work; and
ii
it is carried out in a physically segregated area of the operational premises, the activities normally carried out in that area, if any, have been suspended for the purpose of enabling that work to be carried out, the contractor has authority to exclude from that area persons who are not attending in connection with the carrying out of that work and the work is not the maintenance of insulation on pipes, boilers or other parts of heating or water systems or its removal from them; or
b
where carried out in relation to any bridge, structure or other property which spans or is adjacent to operational premises by persons other than the owner, operator or manager of the system of transport or persons acting on behalf of one or more of them .
3
The reference to “improvement” in paragraph (1) (a) does not include construction work for the extension of an existing system of transport.
Amendments
6
The enactments referred to in the Schedule are amended in accordance with the provisions of the Schedule.
Transitional provisions
7
1
In this regulation —
a
“functions” means the functions transferred to the Office of Rail Regulation by these Regulations; and
b
“transfer” means the transfer referred to in sub-paragraph (a).
2
Anything done by, or in relation to, the Executive in relation to the functions which has effect at the date of the coming into force of these Regulations shall, so far as necessary or appropriate for the purposes of, or in consequence of, the transfer, have effect as if done by, or in relation to, the Office of Rail Regulation.
3
There may be continued by, or in relation to, the Office of Rail Regulation anything (including legal proceedings) relating to the functions which is in the process of being done by, or in relation to, the Executive immediately before the coming into force of these Regulations.
4
Any reference to the Executive in any document relating to the functions shall be taken, so far as necessary or appropriate for the purposes of, or in consequence of, the transfer, as a reference to the Office of Rail Regulation.
5
The transfer does not affect the validity of anything done by, or in relation to, the Executive before the coming into force of these Regulations.
6
In this regulation a reference to the Executive, or to the Office of Rail Regulation, includes respectively a reference to an officer of that body, including any inspector appointed by it, so far as necessary or appropriate for the purposes of, or in consequence of, the transfer.
7
If and in so far as immediately before the coming into force of these Regulations any of the functions are held by a local authority pursuant to any transfer or assignment made under regulations 5 or 6 of the Enforcing Authority Regulations, paragraphs (2) to (6) of this regulation shall have effect as if any reference to the “Executive” were a reference to a local authority.
Signed by authority of the Secretary of State for Transport
Derek Twigg
Parliamentary Under Secretary of State
2nd March 2006


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) (Amendment) Regulations 2006 and shall come into force on 18 September 2006.
2
These Regulations do not extend to Northern Ireland.
Amendment of the Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations 1993
2
The Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations 1993 are amended in accordance with regulations 3 to 8.
3
1
In paragraph (1) of regulation 2 (general interpretation) after the definition of “medical certificate” insert —
“operator”, in relation to a bus, means —
the owner of the bus, or
if the bus is in the possession of any other person under an agreement for hire, hire-purchase, conditional sale, loan or otherwise, that person;
.
2
In paragraph (3) of that regulation substitute “135” for “150” in the definition of “small child”.
3
In sub-paragraph (d) of paragraph (4) of that regulation —
a
for “in a relevant vehicle (“the vehicle in question”)” substitute “in a vehicle”, and
b
for “in the vehicle in question in that State” substitute “in that vehicle in that State”.
4
In sub-paragraph (b) of paragraph (5) of that regulation —
a
for “in a relevant vehicle (“the vehicle in question”)” substitute “in a vehicle”, and
b
for “in the vehicle in question in that State” substitute “in that vehicle in that State”.
5
For paragraph (9) of that regulation substitute —
9
For the purposes of these Regulations, a seat belt is appropriate —
a
in relation to a small child, if it is a child restraint of a description prescribed for a child of his height and weight by regulation 5;
b
in relation to a large child, if it is a child restraint of a description prescribed for a child of his height and weight by regulation 5 or an adult belt; or
c
in relation to a person aged 14 years or more, if it is an adult belt.
.
6
After paragraph (9) of that regulation insert —
9A
For the purposes of these Regulations, references to a bus being used to provide a service in a “built-up area” shall be construed in the same way as in section 15B(6) of the Act.
.
4
Omit regulation 3 (interpretation of references to relevant vehicles).
5
In regulation 5 (description of seat belts to be worn by children) —
a
omit the words “and the vehicle is a relevant vehicle” in sub-paragraph (a) of paragraph (1), and
b
omit sub-paragraph (b) of paragraph (1).
6
In regulation 7 (exemptions) for paragraph (1) and (2) substitute —
1
The prohibition in section 15(1) of the Act shall not apply in relation to —
a
a small child aged 3 years or more who is riding in a bus and is wearing an adult belt if an appropriate seat belt is not available for him in the front or rear of the vehicle;
b
a child for whom there is a medical certificate; or
c
a disabled child who is wearing a disabled person’s belt.
2
The prohibition in section 15(1) of the Act shall not apply in relation to a child riding in a bus —
a
which is being used to provide a local service (within the meaning of the Transport Act 1985 ) in a built-up area, or
b
which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing.
.
7
In paragraph 2(b) of Schedule 1 (meaning of “medical certificate”), omit the words “and the vehicle is not a relevant vehicle”.
8
1
In paragraph 1 of Schedule 2 (interpretation of reference to availability of seat belts) —
a
for “adult belt” in both places substitute “appropriate seat belt”, and
b
for “that person” in both places substitute “that child”.
2
In paragraph 2 of Schedule 2, omit sub-paragraph (f).
3
Omit paragraph 4 of Schedule 2.
Signed by authority of the Secretary of State for Transport
S.J ladyman
Minister of State
Department for Transport
9th August 2006


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Warwickshire) (Borough of Rugby) Order 2006 and shall come into force on 2nd October 2006.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the borough of Rugby except —
a
the entire length of the M69, including its on and off slip roads, within the borough;
b
the entire length of the M6, including its on and off slip roads, within the borough;
c
the A45, from the western borough boundary to the roundabout at the junction with the M45, including its on and off slip roads;
d
the entire length of the M45, including its on and off slip roads, within the borough;
e
the entire length of the A5, including its on and off slip roads within the borough;
f
the entire length of the A46, including its on and off slip roads within the borough; and
g
all roads over land owned by the Ministry of Defence other than highways within the borough.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
G Merron
Parliamentary Under Secretary of State
Department for Transport
31st August 2006