text:
Citation and commencement
1
1
These Regulations may be cited as the Railways (Accident Investigation and Reporting) Regulations 2005.
2
These Regulations shall come into force —
a
on 17th October 2005 in relation to the whole of the United Kingdom except the Channel Tunnel system, in so far as it forms part of the United Kingdom; and
b
on 31st January 2006 in relation to the Channel Tunnel system, in so far as it forms part of the United Kingdom.
Interpretation
2
1
In these Regulations —
“the 2003 Act ” means the Railways and Transport Safety Act 2003;
“accident” means a railway accident;
“ the Branch ” means the Rail Accident Investigation Branch;
“carriageway” means a way over which there is a public right of passage for motor vehicles;
“Channel Tunnel system” has the meaning given by section 1(7) of the Channel Tunnel Act 1987 to the words “the tunnel system”;
“ Chief Inspector ” means the Chief Inspector of Rail Accidents appointed under section 3(2) of the 2003 Act;
“constable” means any person who is —
a member or special constable of any police force who has been attested as a constable under section 29 of the Police Act 1996 or declared a constable under section 16 of the Police (Scotland) Act 1967 ; or
a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve;
“dangerous goods” has the meaning given by regulation 2(1) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 ;
“ European Railway Agency ” means the agency for railway safety and interoperability established by Regulation ( EC ) No 881/2004 of the European Parliament and the Council of 29th April 2004 establishing a European Railway Agency ;
“evidence” means anything involved in or relating to an accident or incident, whether at the site of the accident or incident or remote from it, including —
written, electronic, photographic or other records;
electronic or recording equipment;
rolling stock, infrastructure, equipment and signalling systems;
any personal, personnel, medical or other similar record or document; and
anything else that an inspector identifies to —
an owner of railway property;
a railway industry body; or
a manufacturer or supplier of equipment, components or services to an owner of railway property or to a railway industry body,
as being relevant to the accident or incident;
“extensive damage” means damage that can immediately be assessed by the Branch to cost at least 2 million Euros in total;
“incident” means a railway incident;
“infrastructure” means railway infrastructure;
“infrastructure manager” means any person who is responsible for establishing and maintaining infrastructure or a part thereof, which may also include the management of infrastructure control and safety systems, but does not include a maintainer;
“inspector” means a person appointed as an inspector of rail accidents under section 3(1) of the 2003 Act;
“Intergovernmental Commission” has the meaning given to those words by section 49 of the Channel Tunnel Act 1987;
“level crossing” means any place where a railway crosses on a level a highway or other road or passageway, whether or not there is public access to such land;
“maintainer” means a person who maintains, repairs or renews railway property or constructs new works in relation to railway property;
“motor vehicle” has the meaning given by section 185 of the Road Traffic Act 1988 ;
“railway” means a railway or tramway within the meaning given by section 67 of the Transport and Works Act 1992 ;
“railway accident” and “railway incident” have the meanings given in section 2(1) of the 2003 Act;
“railway industry body” means a person who is an infrastructure manager, a railway undertaking, a maintainer or an operator of rolling stock or railway assets;
“railway property” has the meaning given in section 1(1) of the 2003 Act;
“running line” means a railway line which is not a siding and is ordinarily used for the passage of trains or tramcars;
“safety authority” —
in relation to Great Britain, excluding the Channel Tunnel system, means the Health and Safety Executive;
in relation to Northern Ireland, means the Department for Regional Development; and
in relation to the Channel Tunnel system, means the Intergovernmental Commission; and
“ Safety Directive ” means Directive 2004/49/EC of the European Parliament and the Council of 29th April 2004 on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification .
2
The following words have the meaning given to them in section 83 of the Railways Act 1993 or the meaning which would be given to them by an equivalent definition in relation to a tramway —
a
operator;
b
railway asset;
c
railway services;
d
rolling stock;
e
station;
f
track; and
g
train.
3
“Serious accident” means an accident involving a derailment or collision of rolling stock which has an obvious impact on railway safety regulation or management of safety and includes such an accident that results in —
a
the death of at least one person;
b
serious injuries to five or more persons; or
c
extensive damage to rolling stock, the infrastructure or the environment.
4
“Serious injury” includes —
a
a fracture other than to fingers, thumbs or toes;
b
amputation;
c
dislocation of the shoulder, hip, knee or spine;
d
loss of sight, whether temporary or permanent, in one or both eyes;
e
a chemical or hot metal burn or any penetrating injury to one or both eyes;
f
an injury leading to hypothermia or heat-induced illness;
g
an injury requiring resuscitation of the injured person;
h
an injury requiring admittance to hospital for more than 24 hours;
i
an injury directly leading to loss of consciousness; or
j
an injury resulting from the absorption of a substance by inhalation, ingestion or through the skin that causes acute illness requiring medical treatment.
5
Any expression used both in these Regulations and the Safety Directive and not otherwise defined in these Regulations has the same meaning for the purposes of these Regulations as it has for the purposes of the Safety Directive.
Accidents and incidents excluded from the application of Part 1 of the Railways and Transport Safety Act 2003
3
1
An accident or incident that occurs within an industrial curtilage shall not be treated as an accident or incident for the purposes of Part 1 of the 2003 Act except where the accident or incident —
a
involves a train being used within an industrial curtilage for the purpose of carrying passengers for reward; or
b
occurs on track that —
i
is not used for any purpose connected with the industrial activity within that curtilage other than to facilitate the entry to or exit from that curtilage; or
ii
is directly controlled or operated by the person who controls or operates the railway outside the industrial curtilage to which the track within the curtilage is connected.
2
An accident or incident that occurs on a railway which is operated by a cable haulage system and has a track of a length not exceeding 1 kilometre shall not be treated as an accident or incident for the purposes of Part 1 of the 2003 Act.
3
Subject to paragraph (4), an accident or incident that occurs on a railway, no part of which crosses a carriageway (whether or not at the same level), shall not be treated as an accident or incident for the purposes of Part 1 of the 2003 Act.
4
Paragraph (3) shall not apply to an accident or incident occurring on a railway operated by a cable haulage system that is not excluded under paragraph (2).
5
In this regulation —
a
“factory” means a factory within the meaning of section 175 of the Factories Act 1961 and premises to which section 123(1) or (2) or 125(1) of that Act apply unless such premises are used for the purposes of inspection, servicing, maintenance or repair (excluding construction or re-construction) of railway property;
b
“industrial curtilage” means a curtilage of a harbour, freight terminal, mine, quarry or factory;
c
“mine” has the same meaning as in section 180 of the Mines and Quarries Act 1954 ; and
d
“quarry” has the same meaning as in regulation 3 of the Quarries Regulations 1999 .
Duty to notify the Rail Accident Investigation Branch of accidents and incidents
4
1
Subject to paragraph (6), a railway industry body whose property or staff have been involved in an accident or incident of a type listed in Schedule 1 on a railway or on railway property other than within the Channel Tunnel system shall notify the Branch of its occurrence immediately it learns of the occurrence and by the quickest means available.
2
Subject to paragraph (6), a railway industry body whose property or staff have been involved in an accident or incident of a type listed in Schedule 2 on a railway or railway property other than within the Channel Tunnel system shall notify the Branch of its occurrence as soon as is reasonably practicable and in any event within three working days of its occurrence.
3
Where staff or property of a railway industry body have in any month been involved in an accident or incident of a type listed in Schedule 3 on a railway or railway property other than within the Channel Tunnel System, the body shall notify the Branch of every such occurrence during that month no later than 10 days after the end of the month and in accordance with paragraph (9).
4
Subject to paragraph (6), a railway industry body whose property or staff have been involved in an accident or incident of a type listed in Schedule 4 within the Channel Tunnel system shall notify the Branch of its occurrence immediately it learns of the occurrence and by the quickest means available.
5
Subject to paragraph (6), a railway industry body whose property or staff have been involved in an accident or incident of a type listed in Schedule 5 within the Channel Tunnel system shall notify the Branch of its occurrence as soon as is reasonably practicable and in any event within three working days of its occurrence.
6
The duty in paragraphs (1), (2), (4) and (5) to notify the Branch of an accident or incident involving the death or serious injury of a person in circumstances described in Schedules 1, 2, 4 or 5, respectively, shall not arise where the railway industry body reasonably believes that —
a
the death or serious injury of that person was a result of natural causes, assault, suicide or attempted suicide;
b
the accident or incident —
i
caused the death of or serious injury to a member of staff; and
ii
did not involve the movement of rolling stock; or
c
the accident or incident caused the death or serious injury of a person who at the time of the accident or incident was on railway property involved in the accident or incident without lawful authority.
7
A notification given under paragraph (1), (2), (4) or (5) shall contain as much of the following information relating to the accident or incident as the railway industry body is reasonably able to provide at the time of the notification —
a
the geographical position of the accident or incident and the nearest point of access to that position;
b
the date and time of the accident or incident;
c
the point of departure and intended destination of any rolling stock involved in the accident or incident;
d
brief details of the accident or incident and the sequence of events leading to it;
e
in the case of an accident, an estimate of the number of people seriously or fatally injured;
f
an estimate of the number of passengers on board any rolling stock involved at the time of the accident or incident;
g
the extent of damage caused to any railway, railway property or the environment by the accident or incident;
h
the weather conditions at the time of the accident or incident;
i
the type, and an estimate of the quantity, of any dangerous goods on board the rolling stock involved at the time of the accident or incident;
j
the number of crew on board the rolling stock involved at the time of the accident or incident;
k
the name of the railway industry body whose property is involved in the accident or incident;
l
the names and roles of staff with responsibility for the movement of rolling stock involved in the accident or incident;
m
the vehicle numbers and type of any rolling stock involved;
n
details of any emergency service attending the site of the accident or incident; and
o
contact details of the person in command or control of the accident or incident site.
8
The railway industry body that notifies the Branch in accordance with paragraph (1), (2), (4) or (5) shall provide —
a
as soon as reasonably practicable after the notification, such of the information referred to in paragraph (7) that it has not supplied with it; and
b
within such time as the Branch specifies, such further information about the accident or incident as the Branch may reasonably require.
9
A notification referred to in paragraph (3) shall contain a list of every occurrence during the month in question and shall specify the date, time and place of each occurrence.
10
Where the railway industry body does not know the extent of a person’s injuries, it shall regard that person as having suffered a serious injury if —
a
the person has been removed from the site of the accident or incident to a hospital; and
b
the railway industry body suspects that the person has sustained a serious injury.
11
In this regulation “staff” means a person engaged in work for the railway industry body where such work was connected with the operation of the railway or railway property involved in the accident or incident at the time of its occurrence.
12
A railway industry body that fails to notify the Branch of an accident or incident in accordance with paragraphs (1) to (5) and (7) to (9) shall be guilty of an offence.
Conduct of investigations by the Rail Accident Investigation Branch
5
1
The Branch shall conduct every investigation of an accident or incident in a manner that will not undermine its independence from —
a
an infrastructure manager;
b
a railway undertaking;
c
a charging body;
d
an allocation body;
e
a notified body; or
f
any other party whose interests might conflict with the tasks of the Branch.
2
The Branch shall not investigate occurrences other than accidents or incidents if such investigation could undermine its independence from any of the parties referred to in paragraph (1).
3
The Branch shall make the necessary arrangements to commence an investigation of an accident or incident —
a
where the accident is a serious accident; or
b
where it is not a serious accident but is an accident or incident which, under slightly different conditions, might have led to a serious accident and the Branch has determined that it will conduct an investigation,
within seven days of being notified of the accident or incident.
4
In making a determination under paragraph (3)(b) the Branch shall take into account —
a
the seriousness of the accident or incident;
b
whether it forms part of a series of accidents or incidents;
c
its impact on railway safety;
d
requests from railway industry bodies, the safety authority, or other member States;
e
the extent to which an investigation will improve the safety of railways and prevent accidents and incidents; and
f
any other matter that the Chief Inspector considers to be reasonable in the circumstances.
5
The Branch may undertake a preliminary examination of the circumstances surrounding an accident or incident to determine —
a
whether it is a serious accident; or
b
where it is not a serious accident, whether an investigation is to be conducted.
6
Within seven days of its determination to investigate an accident or incident the Branch shall provide the European Railway Agency with details of the date, time, place and type of the accident or incident, the number of persons injured or killed and the damage caused as a result of the accident or incident.
7
Where an accident or incident of a type described in paragraph (3) occurs on or close to a border installation between the United Kingdom and another member State, the Branch —
a
shall use its best endeavours to agree with the investigating body of the other member State which accident investigating body will conduct the investigation;
b
shall permit the investigating body of the other member State to participate in an investigation of such accident or incident conducted by the Branch;
c
shall share the results of the investigation of such accident or incident by the Branch with the investigating body of the other member State; and
d
may agree to carry out the investigation of the accident or incident in co-operation with the investigating body of the other member State.
8
Where an accident or incident of a type described in paragraph (3) involves a railway undertaking established and licensed in another member State, the Branch shall invite the investigating body in the other member State to participate in an investigation of that accident or incident.
9
Where the accident or incident occurs within the part of the Channel Tunnel system which forms part of the United Kingdom and is either a serious accident or one which the Branch has determined it will investigate, the Branch shall invite and permit the rail accident investigating body in France to participate in the investigation of such accident or incident.
10
During the course of its investigation, the Branch shall —
a
keep the persons referred to in regulation 13(2)(b) informed of its progress; and
b
so far as is reasonably practicable, take account of opinions relating to the investigation expressed by such persons.
11
The Chief Inspector shall determine the extent of, and the procedure to be followed in carrying out, an investigation conducted by the Branch or by a person appointed pursuant to regulation 6(1); and in making this determination he shall take into account the principles and the objectives of articles 20 and 22 of the Safety Directive.
12
The Branch shall conclude its examination at the site of an accident or incident in the shortest possible time in order to enable the infrastructure that is closed as a result of the accident or incident to be restored and opened to railway services as soon as possible.
13
The Chief Inspector may discontinue an investigation conducted by the Branch at any time and shall publish his reasons for doing so.
14
The Branch may undertake an investigation into the circumstances of an accident or incident where it has previously determined that no investigation will be conducted.
Persons conducting, participating in or assisting with an investigation by the Rail Accident Investigation Branch
6
1
The Chief Inspector may appoint a person who is not an inspector to conduct or participate in an investigation by the Branch.
2
A person appointed under paragraph (1) may exercise such powers of an inspector as are necessary to enable him to perform his functions under the terms of his appointment.
3
In relation to an investigation of an accident or incident that the Branch is conducting, the Chief Inspector may —
a
request assistance from a constable, the safety authority, any public body or any other person acting under a power conferred on him by an enactment, or a constable, a procurator fiscal or the Lord Advocate acting under a power conferred on him at common law in Scotland, or from an accident investigating body of another member State or the European Railway Agency; or
b
request assistance (including assistance with the retrieval, delivery, storage, disposal or destruction of evidence) from a person other than a person mentioned in sub-paragraph (a),
at such times and in such manner as the Chief Inspector may reasonably determine.
4
Where the Chief Inspector reasonably requests assistance from a person referred to in sub-paragraph (3)(b), that person shall assist him.
5
Subject to paragraph (6) the Secretary of State may pay reasonable compensation to a person who assists the Chief Inspector pursuant to paragraph (3).
6
Where a person who assists the Chief Inspector pursuant to paragraph (3) is —
a
an owner of railway property, a railway industry body, or a manufacturer or supplier of equipment, components or services to an owner of railway property or to a railway industry body, whose property or staff have been involved in the accident or incident being investigated; and
b
under a statutory duty or other legally enforceable requirement to investigate the causes of the accident or incident, including any duty or other legally enforceable requirement arising by virtue of his being authorised to control infrastructure or operate trains or stations,
in determining whether or not to pay compensation, the Secretary of State shall take account of whether the assistance concerned any matter to which the duty or other legally enforceable requirement to investigate referred to in sub-paragraph (b) relates.
7
A person who fails to assist an inspector when required to do so in accordance with paragraph (4) shall be guilty of an offence.
Access to the site of an accident or incident
7
1
Subject to paragraph (2), no person other than an inspector or a person appointed under regulation 6(1) shall —
a
have access to the site of an accident or incident of a type described in Schedules 1 or 4, including the rolling stock, infrastructure or traffic control and signalling systems involved in such accident or incident; or
b
remove from or interfere with, or cause to be removed from or interfered with, anything at the site of an accident or incident of a type described in Schedules 1 or 4,
without the consent of an inspector until such time as the Branch has concluded its examination or removal of evidence at the site or determined that it will not conduct an investigation.
2
A person may have access to, or remove anything described in paragraph (1), only in so far as may be necessary for the purpose of —
a
saving life or preventing further injury or suffering;
b
preventing further damage or destruction;
c
preventing danger, including from dangerous goods;
d
protecting the site; or
e
exercising a power conferred on that person by an enactment, or a power conferred on a constable, a procurator fiscal or the Lord Advocate at common law in Scotland.
3
Subject to regulation 17 where a constable, the safety authority or any other person intends to enter a site referred to in paragraph (1) in exercise of a power conferred on him by an enactment —
a
he shall, where practicable, notify an inspector of his intention to do so, together with details of any action he proposes to take while on the site; and
b
where it is not practicable to notify an inspector in accordance with sub-paragraph (a), he shall inform an inspector as soon as practicable after he has entered the site and provide details of any action he has taken while on the site.
4
In determining whether it is practicable to notify an inspector under paragraph (3)(a) a person intending to enter a site referred to in paragraph (1) shall have regard to whether the delay that would occur by giving such notification would, or would be likely to, affect adversely the result sought to be obtained from the exercise of his power.
5
Where an inspector receives notification under paragraph (3)(a) of action proposed by a person referred to in paragraph (3) and a question arises as to the desirability of the proposed action to be taken, the inspector shall refer the question without delay to the Chief Inspector or an inspector acting on behalf of the Chief Inspector for determination pursuant to section 8(6) of the 2003 Act.
6
A person who fails to comply with the requirements of paragraph (1) shall be guilty of an offence.
Preservation of evidence
8
1
For the purpose of enabling him to carry out an investigation into an accident or incident in the most efficient way and within the shortest time, an inspector may, where appropriate in cooperation with the authorities responsible for the judicial inquiry, require a person to supply a list of all evidence relating to the accident or incident which is in his possession or control.
2
Subject to paragraph (3) and regulation 17, a constable, the safety authority or any other person acting in exercise of a power conferred on him by an enactment, who is investigating an accident or incident shall —
a
preserve any evidence that he obtains in the course of his investigation into an accident or incident;
b
where practicable, notify an inspector of his intention to collect, examine or analyse evidence, or interview a witness, for his investigation;
c
where it is not practicable to notify an inspector in accordance with sub-paragraph (b), inform an inspector as soon as practicable after he has taken that action;
d
provide to the Branch details of the action he has taken under this paragraph; and
e
upon request by the Branch, provide the Branch with access to or copies of any evidence he has taken or information he has obtained under this paragraph.
3
Paragraph (2) shall apply until such time as the Branch has concluded its investigation, no longer requires the evidence referred to in paragraph (2) or has determined that it will not conduct an investigation.
4
In determining whether it is practicable to notify an inspector under paragraph (2)(b) a person intending to collect, examine or analyse evidence or interview a witness for his investigation pursuant to paragraph (2)(b) shall have regard to whether the delay that would occur by giving such notification would, or would be likely to, adversely affect the result sought to be obtained from the exercise of his power.
5
Where an inspector receives notification under paragraph (2)(b) of action proposed by a person referred to in paragraph (2) and a question arises as to the desirability of the proposed action the inspector shall refer the question without delay to the Chief Inspector or an inspector acting on behalf of the Chief Inspector for determination pursuant to section 8(6) of the 2003 Act.
6
An owner of railway property, a railway industry body, or a manufacturer or supplier of equipment, components or services to an owner of railway property or to a railway industry body, shall preserve all evidence over which he has control and —
a
which is, or which he reasonably considers may be, relevant to an investigation of an accident or incident of a type described in Schedules 1 or 4 by the Branch; or
b
that the Branch directs him to preserve,
until the Branch has concluded its investigation, no longer requires the evidence or has determined that it will not conduct an investigation.
7
A person who contravenes paragraph (6) shall be guilty of an offence.
Use of evidence
9
1
Except in so far as paragraph (2) or (3) applies, an owner of railway property, a railway industry body, or a manufacturer or supplier of equipment, components or services to an owner of railway property or to a railway industry body, shall not move or use any evidence that is, or may become, relevant to an investigation by the Branch except where it is necessary to do so for the purpose of —
a
saving life or preventing further injury or suffering;
b
preventing further damage or destruction;
c
preventing danger, including from dangerous goods; or
d
protecting the site,
until the Branch has concluded its investigation, no longer requires the evidence or has determined that it will not conduct an investigation.
2
An owner of railway property, a railway industry body, or a manufacturer or supplier of equipment, components or services to an owner of railway property or a railway industry body, may —
a
with the consent of the Branch, move or use evidence relating to an accident or incident of a type described in Schedules 1 or 4; and
b
unless the Branch gives notice to the contrary, move or use evidence relevant to an accident or incident of a type described in Schedules 2, 3 or 5 provided that there is no practicable alternative to the movement or use of that evidence and such movement or use is essential for the safe operation of the railway.
3
An owner of railway property, a railway industry body, or a manufacturer or supplier of equipment, components or services to an owner of railway property or a railway industry body who moves or uses evidence pursuant to paragraph (2) shall make and retain a record of the condition, position and location of the evidence before it was moved or used and shall supply that record on demand to the Branch.
4
Subject to paragraph (5), in the course of an investigation into an accident or incident, an inspector or a person appointed under regulation 6(1) may, for the purpose of examining or analysing an article, dismantle or alter the composition of it, whether or not such dismantling or altering has the effect of destroying it
5
Where an inspector or a person appointed under regulation 6(1) decides to dismantle or alter the composition of an article under paragraph (4), and the inspector or person appointed under regulation 6(1) has reason to believe that a constable, the safety authority or any other person exercising a power conferred on him by an enactment, or a constable, a procurator fiscal or the Lord Advocate exercising a power conferred on him at common law in Scotland, would be entitled to analyse or examine that article for the purpose of his own investigation into that accident or incident, the inspector or person appointed under regulation 6(1) shall —
a
before commencing such dismantling or alteration, give notice to those persons of his intention to do so;
b
permit those persons to be present during such examination or analysis;
c
consider any reasonable representations those persons may make as to the impact such dismantling or alteration may have on their own investigation; and
d
provide those persons with access to all records and reports relating to the examination or analysis.
6
Where an inspector or a person appointed under regulation 6(1) considers that it would not be detrimental to an investigation he may —
a
inform a person of his intention to analyse or examine an article; or
b
permit a person to be present during the analysis or examination.
7
A person other than a person referred to in paragraph (5) whom the Branch allows to be present during an analysis or examination shall not disclose to anyone except a constable, the safety authority or any other person acting under a power conferred on him by an enactment, or to a constable, a procurator fiscal or the Lord Advocate acting under a power conferred on him at common law in Scotland, any information he obtains in connection with that analysis or examination without the consent of the Chief Inspector.
8
The Branch may retain any evidence that it no longer requires for the purposes of the investigation for which it was obtained if that evidence may be required for the purposes of another investigation being conducted by the Branch.
9
The Branch shall release to a constable, the safety authority or any other person exercising a power conferred on him by an enactment, or to a constable, a procurator fiscal or the Lord Advocate acting under a power conferred on him at common law in Scotland, any evidence that it no longer requires, where —
a
the Branch has reason to believe that person would be entitled to collect that evidence for the purpose of his own investigation; and
b
that evidence —
i
is not prohibited from being disclosed by regulation 10(2) or any other enactment; or
ii
is not evidence to which regulation 10(3) applies.
10
The Branch shall release to its owner evidence that it no longer requires for the purposes of the investigation for which it was obtained or which it is not retaining under paragraph (8) and which the Branch is not required to release to a person referred to in paragraph (9) provided that before it does so the Branch shall consult with any person known to it to be leading an investigation under statutory or common law powers into the accident or incident in respect of which the evidence was obtained by the Branch.
11
Where evidence is released to the owner pursuant to paragraph (10), the owner shall be responsible for the storage, destruction or disposal of it from the date of its release.
12
Before releasing evidence under paragraphs (9) or (10) the Branch shall give seven days notice of its intention to do so to the intended recipient of such evidence.
13
An owner of railway property, a railway industry body, or a manufacturer or supplier of equipment, components or services to an owner of railway property or to a railway industry body, that moves or uses evidence relating to an accident or incident other than for a purpose specified in paragraph (1) shall be guilty of an offence unless the movement or use of the evidence by that body is in compliance with paragraph (2).
14
An owner of railway property, a railway industry body, or a manufacturer or supplier of equipment, components or services to an owner of railway property or to a railway industry body, that —
a
moves or uses evidence that is relevant to an accident or incident of a type described in Schedule 1 or 4 without the consent of the Branch under paragraph (2)(a); or
b
moves or uses evidence that is relevant to an accident or incident of a type described in Schedule 2, 3 or 5 where the Branch has given notice to the contrary under paragraph (2)(b),
shall be guilty of an offence unless that movement or use of such evidence is for a purpose specified in paragraph (1).
15
An owner of railway property, a railway industry body, or a manufacturer or supplier of equipment, components or services to an owner of railway property or a railway industry body, that fails to make and retain a record as required by paragraph (3) shall be guilty of an offence.
16
A person who discloses information that he obtains during an analysis or examination in contravention of paragraph (7) shall be guilty of an offence.
Disclosure of evidence
10
1
Except as provided in paragraphs (2) and (3) the Branch —
a
may publish or make available for inspection any evidence or information it may acquire during the course of an investigation where such disclosure would not obstruct it in its general aims contained in section 4 of the 2003 Act; and
b
shall provide to a constable or the safety authority investigating an accident or incident, or any other person exercising a power conferred on him by an enactment, or to a constable, a procurator fiscal or the Lord Advocate exercising a power conferred on him at common law in Scotland to investigate an accident or incident, access to and copies of any evidence obtained by the Branch in the course of an investigation of that accident or incident, but only where the recipient would be entitled by an enactment, or in Scotland at common law, to collect that evidence for the purpose of his own investigation.
2
Except by order of a relevant court and subject to paragraph (7) the Branch shall not disclose to anyone —
a
a statement or declaration provided to the Branch or any recording or other note or record relating to such statement or declaration unless the person who has provided such statement, declaration, recording note or record consents to its disclosure;
b
the name, address or other information relating to a person —
i
who has provided to the Branch a statement or declaration or other note or record relating to such statement or declaration; or
ii
who has indicated to an inspector or person appointed under regulation 6(1) that he intends to provide a statement or declaration or other note or record to the Branch,
unless that person consents to such disclosure; or
c
a medical record relating to a person involved in the accident or incident.
3
Except by order of a relevant court and subject to paragraph (7), the Branch shall not be required to disclose to anyone —
a
personal information relating to a person involved in the accident or incident or with the investigation of that accident or incident (other than personal information protected by paragraph (2));
b
the opinion of an inspector or a person appointed under regulation 6(1) which is unsubstantiated by evidence;
c
the notes made by an inspector or person appointed under regulation 6(1), whether written or held electronically;
d
any trade secret or other information, the release of which, in the opinion of the Chief Inspector would, or would be likely to, prejudice the commercial interests of the person holding it; or
e
working documents of the Branch.
4
Except by order of a relevant court a person who assists the Branch under regulation 6(1), 6(3)(b) or 15(2)(b) shall not disclose to anyone any of the evidence or information described in paragraphs (2) or (3) which the Branch is precluded from disclosing save by order of a relevant court. This paragraph shall similarly apply to evidence or information provided to such a person if it is such that, if provided to the Branch, would be subject to paragraphs (2) or (3).
5
No order may be made under paragraphs (2), (3) or (4) unless the court is satisfied that disclosure is in the public interest, having regard in particular to any adverse impact such disclosure may have on the investigation by the Branch to which the evidence or information relates, upon any future investigation and upon public safety.
6
Paragraphs (2)(a) and (b) shall not be construed as placing a duty on the Branch to seek consent to disclose from a person referred to in those sub-paragraphs or compelling the Branch to disclose where the Branch has not sought consent at the time of the making of the statement.
7
Nothing in paragraphs (2) or (3) shall preclude the Branch from —
a
publishing the opinion of a person in a report of the accident or incident in so far as it is relevant to the conclusions in the report;
b
publishing in a report of the accident or incident information based on matters contained in a statement, declaration, recording or other note referred to in paragraph (2)(a) or in a medical record referred to in paragraph (2)(c);
c
providing a person who makes a statement or declaration with a copy of such statement or declaration;
d
sharing the results of the investigation of an accident or incident with an investigating body in another member State;
e
disclosing or discussing information based on a matter contained in a statement, declaration, recording, or other note it has obtained during the course of an investigation with a person providing assistance, evidence or information to the Branch; or
f
disclosing the name or address of a person to a person providing assistance, evidence or information to the Branch but only in so far as is necessary for the purpose of obtaining evidence or information in furtherance of the Branch’s investigation.
8
A person who assists the Branch under regulation 6(1), 6(3)(b) or 15(2)(b) shall not disclose to anyone other than a constable, the safety authority or any other person exercising a power conferred on him by an enactment, or a constable, a procurator fiscal or the Lord Advocate exercising a power conferred on him at common law in Scotland, evidence or any other information, to which paragraph (4) does not apply, that he acquires about an investigation through the giving of such assistance without the consent of the Chief Inspector or an inspector acting on behalf of the Chief Inspector.
9
A person who discloses evidence or information in contravention of paragraph (2), (4) or (8) shall be guilty of an offence.
10
In this regulation “relevant court” means —
a
the Crown Court or High Court in England and Wales or Northern Ireland; or
b
the Court of Session or the High Court of Justiciary in Scotland.
Reports etc. of accidents and incidents investigated by the Rail Accident Investigation Branch
11
1
Subject to the requirements in the following paragraphs the Branch may at any time provide a report (including an interim report), advice, recommendations or information relating to an accident or incident to such persons, and in such form and in such manner, as the Chief Inspector considers appropriate in the circumstances, taking account of —
a
the nature and seriousness of the accident or incident;
b
the speed at which the report, advice, recommendations or information needs to be given or acted upon;
c
the stage which the investigation has reached; and
d
the relevance or importance of the examination or investigation findings.
2
Upon the conclusion of an investigation conducted by the Branch into a serious accident, or an accident or incident which under slightly different conditions might have led to a serious accident, the Branch shall report to the Secretary of State and publish a final report —
a
in the shortest time possible and normally not later than twelve months after the date of the occurrence; and
b
shall include in it such of the information described in Schedule 6 as is relevant to the accident or incident.
3
Upon the conclusion of an investigation conducted by the Branch, other than one to which paragraph (2) applies, the Branch shall report to the Secretary of State and publish a report in such form as may be determined by the Chief Inspector.
4
A report published under this regulation may relate to more than one accident or incident.
5
In relation to a report referred to in paragraph (2), the Branch shall provide a copy of the report to the European Railway Agency and to every person referred to in regulation 13(2).
Recommendations of the Rail Accident Investigation Branch
12
1
The Branch shall address a recommendation contained in a report prepared under regulation 11(2) or (3) —
a
to the safety authority; and
b
to such other member State, public body or authority as it considers it appropriate to do so by reason of the character of the recommendation.
2
A public body or authority to whom a recommendation is addressed under paragraph (1) shall, in relation to that recommendation —
a
ensure that the recommendation is duly taken into consideration and where appropriate acted upon;
b
report to the Branch without undue delay or within such other period, not exceeding twelve months, as may be agreed with the Chief Inspector —
i
giving full details of any measure taken to implement the recommendation;
ii
giving full details of any proposed measure to implement the recommendation and the proposed timetable for securing that implementation; or
iii
giving a full explanation as to why the recommendation is not to be the subject of measures to be taken to implement it; and
c
give notice to the Branch if at any time the information provided to the Branch pursuant to sub-paragraph (b) is rendered inaccurate.
3
The requirement to report under paragraph (2)(b) or to give notice under paragraph (2)(c) shall only apply to the extent that it is reasonably practicable for the authority that is required to report to have the specified information or for it to become aware that the information has been rendered inaccurate.
4
Having regard to the nature of a recommendation addressed to it, the safety authority may require any person, within such period as the safety authority may determine, to —
a
take that recommendation into consideration and where appropriate act upon it;
b
send to the safety authority —
i
full details of any measure that body has taken to implement the recommendation;
ii
full details of any measure proposed by that body to implement the recommendation and the proposed timetable for securing that implementation; and
iii
a full explanation as to why the recommendation is not to be the subject of a measure to be taken by that body to implement the recommendation; and
c
give notice to the safety authority if at any time any information provided to the safety authority under sub-paragraph (b)(ii) above is rendered inaccurate.
5
A person who fails to comply with a requirement imposed on him by the safety authority in accordance with paragraph (4) shall be guilty of an offence.
Duty of the Rail Accident Investigation Branch to consider representations
13
1
Before publishing a report under regulations 11(2) or (3) the Branch shall serve a notice in writing on every person referred to in paragraph (2) of its intention to publish the report, supply a copy of the report or the relevant part of the report to each person and invite each person to make representations to the Branch in response to its contents.
2
The persons referred to in paragraph (1) are —
a
any person whose reputation the Branch considers may be adversely affected by a report, or, if that person is deceased, such person as appears to the Chief Inspector, at the time he proposes to serve notice pursuant to paragraph (1), as best able to represent the interest and reputation of the deceased in the matter; and
b
any of the following persons whom the Branch considers to be relevant —
i
the owner of railway property;
ii
a railway industry body, or a manufacturer or supplier of equipment, components or services to an owner of railway property or a railway industry body;
iii
the safety authority;
iv
victims and their relatives;
v
owners of damaged property;
vi
the emergency services involved;
vii
representatives of staff and users of the railways; and
viii
a person falling within the descriptions in sub-paragraphs (b)(i) to (vii) in other member States.
3
A person upon whom notice is served under paragraph (1) may make representations in response to the report within fourteen days from service of the notice or within such longer period as may be determined by the Chief Inspector.
4
The Branch shall consider any representations it receives under paragraph (3) and may amend the report in consequence of any such representation.
5
A person to whom a report or part of a report has been supplied under paragraph (1) shall not disclose its contents without the permission of the Branch.
6
A person who discloses the contents of a report in contravention of paragraph (5) shall be guilty of an offence.
Annual report of the Chief Inspector
14
1
The Chief Inspector shall publish a report on the activities of the Branch —
a
on or before 30th September 2006 in respect of the period from the coming into force of these Regulations to 31st December 2005; and
b
thereafter on or before 30th September each year in respect of the previous calendar year.
2
Every report under paragraph (1) shall contain in respect of the period to which it relates —
a
a summary of the investigations conducted by the Branch;
b
a list of the recommendations issued; and
c
details of the measures that have been reported to the Branch as having been taken in response to its recommendations.
3
A report may contain such other information relating to the activities and aims of the Branch specified in section 4 of the 2003 Act as the Chief Inspector may determine.
4
The Branch shall send to the European Railway Agency a copy of each report published under paragraph (1).
Miscellaneous functions
15
1
The Branch may conduct studies into, monitor and analyse any matter it considers may be relevant to the effective investigation of accidents or incidents including —
a
the responses of those persons to whom the recommendations of the Branch are addressed;
b
technological and other developments; and
c
statistics and trends relating to the railway industry including those relating to accidents and incidents.
2
In order to assist the Branch in carrying out the activities described in paragraph (1), the Chief Inspector may request assistance or information from —
a
a constable, the safety authority, any public body or any other person exercising a power conferred on him by an enactment, or a constable, a procurator fiscal or the Lord Advocate exercising a power conferred on him at common law in Scotland, an accident investigating body of another member State or the European Railway Agency; or
b
any other person,
at times and in a manner the Chief Inspector may reasonably determine.
3
The Secretary of State may pay reasonable compensation to a person who assists the Chief Inspector pursuant to paragraph (2).
4
The Chief Inspector may arrange for the publication, in such form and in such manner as he considers appropriate, of such information and advice as is relevant to the general aims of the Branch referred to in section 4 of the 2003 Act.
5
The Branch shall use its best endeavours to conduct an active exchange of information and views with the investigation bodies established in other member States under the Safety Directive for the purpose of —
a
developing common investigation methods;
b
drawing up common principles for the follow-up of safety recommendations; or
c
adapting to the development of technical and scientific progress.
Offences
16
1
A person guilty of an offence under regulation 4(12), 7(6), 8(7) and 9(13) to 9(16) shall be liable —
a
on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding £20,000, or both; and
b
on conviction on indictment, to imprisonment for a term not exceeding six months, or a fine, or both.
2
A person guilty of an offence under regulation 6(7) shall be liable —
a
on summary conviction to a fine not exceeding £20,000; and
b
on conviction on indictment to a fine.
3
A person guilty of an offence under regulation 10(9) , 12(5) or 13(6) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Scotland
17
Nothing in regulations 7(3) or 8(2) shall apply to —
a
the procurator fiscal or the Lord Advocate, or
b
a constable acting in accordance with directions given by the appropriate chief constable under section 17(2) of the Police (Scotland) Act 1967 in pursuance of lawful instructions received by him from the appropriate prosecutor under section 17(3) of that Act.
Alistair Darling
Secretary of State for Transport
19th July 2005


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 and shall come into force on 1st November 2005.
Amendment of the Motor Vehicles (Driving Licences) Regulations 1999
2
The Motor Vehicles (Driving Licences) Regulations 1999 are further amended in accordance with regulations 3 to 11.
3
1
Regulation 17 (meaning of “qualified driver”) shall be amended as follows.
2
In paragraph (1)(d), for “category B” there shall be substituted “categories B, C, D, C+E, or D+E”.
3
For paragraph (3)(c)(i) there shall be substituted —
i
in the case of a disabled driver, a full licence authorising the driving of a class of vehicles in the same category as the provisional licence holder whose driving the disabled driver is supervising provided that, in the case of a licence authorising the driving of vehicles in category B, that licence authorises the driving of vehicles other than vehicles in sub-category B1 or B1 (invalid carriages), and
.
4
For paragraph (3)(d)(i) there shall be substituted —
i
he holds a full licence for the minimum period of time specified in column 2 of the table at the end of this regulation opposite the category in column 1 of that table which includes the vehicle that is being driven by the provisional licence holder whom that person is supervising, or
.
5
For paragraph (3)(e) there shall be substituted —
e
for the purposes of sub-paragraph (d)(i), a person may meet the requirement for holding a full licence for a minimum period of time either by holding that licence continuously for that period or for periods amounting in aggregate to not less than that period; and
f
for the purposes of sub-paragraph (d)(ii), a person shall be regarded as holding a relevant licence during any period in which he holds both a provisional licence and a valid test pass certificate entitling him to a full licence authorising the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder.
TABLE
Column (1)
Category which includes the vehicle being driven by the provisional licence holder
Column( 2)
Minimum period for holding a full licence
C
3 years for C; or
1 year for C and 2 years for D
C1
3 years for C1; or
1 year for C1 and 2 years for D1
C+E
3 years for C+E; or
1 year for C+E and 2 years for D+E
C1+E
3 years for C1+E; or
1 year for C1+E and 2 years for D1+E
D
3 years for D; or
1 year for D and 2 years for C
D1
3 years for D1; or
1 year for D1 and 2 years for C1
D+E
3 years for D+E; or
1 year for D+E and 2 years for C+E
D1+E
3 years for D1+E; or
1 year for D1+E and 2 years for C1+E
4
In regulation 22, in the definition of “working day”, “Saturday,” shall be omitted.
5
In regulations 27(6) and 28(6), for “on the day which is three clear working days before” there shall be substituted “at 16.00 hours on the day which allows one clear working day to elapse between that day and”.
6
In regulations 32(6) and 33(6), for “midday on the day which is two working days before” there shall in both places occurring be substituted “16.00 hours on the day which allows one clear working day to elapse between that day and”.
7
In regulation 36(a), for “ten” there shall be substituted “three”.
8
For regulation 38(5)(c) there shall be substituted —
c
sign, on the Driving Test Report Form produced to him by the person conducting the test, a declaration to the effect that–
i
there is in force, in relation to the use of the vehicle provided for the test, a policy of insurance which complies with the requirements of Part VI of the Traffic Act, and
ii
he satisfies the residence requirement as described in paragraph (1).
9
For regulation 38(6) there shall be substituted —
6
For the purposes of this regulation, a person conducting a test may be satisfied as to a person’s identity –
a
from a valid passport, or
b
where the person conducting the test is a person to whom regulation 23(1)(b) or regulation 24(1)(b) applies, from such evidence as that person considers appropriate.
10
In Schedule 2, Part 2 —
a
in the entry relating to C1+E (8.25 tonnes) for column (2) there shall be substituted —
A sub-category of category C+E comprising combinations of a motor vehicle and trailer in sub-category C1+E where:
the maximum authorised mass of the trailer exceeds 750 kilograms and may exceed the unladen weight of the tractor vehicle, and
the maximum authorised mass of the combination does not exceed 8.25 tonnes.
;
b
in the entry relating to D1+E (not for hire or reward) for column (2) there shall be substituted:
A sub-category of category D+E comprising motor vehicles in sub-category D1+E where:
the motor vehicles are driven otherwise than for hire or reward, and
the maximum authorised mass of the trailer exceeds 750 kilograms and may exceed the unladen weight of the tractor vehicle.
.
11
Schedule 6 shall be omitted.
Signed by authority of the Secretary of State
S J Ladyman
Minister of State
Department for Transport
29th September 2005


text:
Citation and commencement
1
This Order may be cited as the Income Tax (Professional Fees) Order 2005 and shall come into force on 6th April 2005.
Addition of fee to Table in s.343(2) of Income Tax (Earnings and Pensions) Act 2003
2
At the end of item 7 in the Table of fees in section 343(2) of the Income Tax (Earnings and Pensions) Act 2003 there shall be added —
d
the register maintained by the General Teaching Council for Northern Ireland.
.
Ann Chant
Helen Ghosh
Two of the Commissioners of Inland Revenue
4th April 2005


text:
1
These Regulations may be cited as the National Police Records (Recordable Offences) (Amendment) Regulations 2005 and shall come into force on 1 st December 2005.
2
1
The Schedule to the National Police Records (Recordable Offences) Regulations 2000 shall be amended as follows.
2
For paragraphs 19 to 24 there is substituted —
19
section 59(5) of the Licensing Act 2003 (offence of obstructing an authorised person inspecting premises before the grant of a licence etc. );
20
section 82(6) of the Licensing Act 2003 (offence of failing to notify change of name or alteration of rules of club);
21
section 96(5) of the Licensing Act 2003 (offence of obstructing an authorised person inspecting premises before the grant of a certificate etc.);
22
section 108(3) of the Licensing Act 2003 (offence of obstructing an authorised person exercising a right of entry where a temporary event notice has been given);
23
section 123(2) of the Licensing Act 2003 (offence of failing to notify licensing authority of convictions during application period);
24
section 128(6) of the Licensing Act 2003 (offence of failing to notify court of personal licence);
24A
section 138(1) of the Licensing Act 2003 (offence of keeping alcohol on premises for unauthorised sale etc.);
24B
section 140(1) of the Licensing Act 2003 (offence of allowing disorderly conduct on licensed premises etc.);
24C
section 141(1) of the Licensing Act 2003 (offence of selling alcohol to a person who is drunk);
24D
section 142(1) of the Licensing Act 2003 (offence of obtaining alcohol for a person who is drunk);
24E
section 143(1) of the Licensing Act 2003 (offence of failing to leave licensed premises etc.);
24F
section 144(1) of the Licensing Act 2003 (offence of keeping smuggled goods);
24G
section 145(1) of the Licensing Act 2003 (offence of allowing unaccompanied children on certain premises);
24H
section 146(1) and (3) of the Licensing Act 2003 (offence of selling alcohol to children);
24I
section 147(1) of the Licensing Act 2003 (offence of allowing sale of alcohol to children);
24J
section 149(1), (3) and (4) of the Licensing Act 2003 (offence of purchasing alcohol by or on behalf of children);
24K
section 150(1) and (2) of the Licensing Act 2003 (offence of consumption of alcohol on relevant premises by children);
24L
section 151(1), (2) and (4) of the Licensing Act 2003 (offence of delivering alcohol to children);
24M
section 152 (1) of the Licensing Act 2003 (offence of send a child to obtain alcohol);
24N
section 153(1) of the Licensing Act 2003 (offence of allowing unsupervised sales by children);
24O
section 158(1) of the Licensing Act 2003 (offence of making false statements);
24P
section 160(4) of the Licensing Act 2003 (offence of allowing premises to remain open following a closure order);
24Q
section 179(4) of the Licensing Act 2003 (offence of obstructing authorised person exercising rights of entry to investigate licensable activities);
.
3
Paragraphs 46 to 49 are revoked.
Paul Goggins
Parliamentary Under Secretary of State
Home Office
6th November 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Sussex County Healthcare National Health Service Trust (Transfer of Trust Property) Order 2005 and shall come into force on 16 th January 2006.
2
In this Order —
“the old Trust” means the East Sussex County Healthcare National Health Service Trust;
“the new Trust” means the East Sussex Hospitals National Health Service Trust; and
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 12 th October 2005 and on behalf of the new Trust on 24 th October 2005.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference to the trustees of the trust property or, as the case may be, the old Trust shall be construed as a reference to the trustees of the new Trust or, as the case may be, the new Trust.
Signed by authority of the Secretary of State for Health
Caroline Flint
Parliamentary Under Secretary of State,
Department of Health
7th December 2005


text:
Citation, commencement, and extent
1
1
These Regulations may be cited as the Nuclear Industries Security (Fees) Regulations 2005.
2
These Regulations come into force on 5 September 2005.
Interpretation
2
1
In these Regulations —
“the 1974 Act ” means the Health and Safety at Work etc. Act 1974 ;
“the 1978 Order ” means the Health and Safety at Work (Northern Ireland) Order 1978 ; and
“the principal Regulations ” means the Nuclear Industries Security Regulations 2003 .
2
The following expressions have the same meaning as in the principal Regulations —
“approved carrier”;
“approved security plan”;
“approved transport security statement”;
“carrier”;
“relevant personnel”;
“responsible person”;
“security plan”;
“transport”;
“transport plan”; and
“transport security statement”.
Fees payable for regulation of nuclear industries security
3
1
Where the Secretary of State carries out a function specified in column 2 of the Schedule under or in connection with the provision of the principal Regulations specified in column 1 of the Schedule, a fee shall be payable to the Secretary of State by the person specified in column 3 of the Schedule.
2
Where an inspector performs functions in exercise of his powers under section 20 of the 1974 Act (as applied for the purposes of the principal Regulations by regulation 23(1), (2)(b), (3) and (4) of the principal Regulations), or under Article 22 of the 1978 Order (as applied for the purposes of the principal Regulations by regulation 24(1), (2)(b), (3) and (4) of the principal Regulations), a fee is payable to the Secretary of State —
a
by a responsible person, to the extent that such functions are performed for the purpose of putting into effect the principal Regulations in relation to that person;
b
by a carrier, to the extent that such functions are performed for the purpose of putting into effect the principal Regulations in relation to that person; and
c
by a person subject to requirements by or under regulation 22 of the principal Regulations, to the extent that such functions are performed for the purpose of putting into effect the principal Regulations in relation to that person.
3
Where, in connection with putting into effect the principal Regulations, the Secretary of State carries out intelligence activities, makes security threat assessments, takes measures to counter security threats, or issues alert warnings, a fee shall be payable to the Secretary of State by the responsible person, carrier, or person subject to requirements by or under regulation 22 of the principal Regulations, in relation to whom such functions are performed.
4
Where, in connection with putting into effect the principal Regulations, the Secretary of State provides advice or training to responsible persons, carriers, or persons subject to requirements by or under regulation 22 of the principal Regulations, a fee shall be payable to the Secretary of State by the person to whom such advice or training is given.
5
Where, in connection with the enforcement of the principal Regulations, the Secretary of State performs functions other than functions referred to in paragraphs (1), (3) and (4), a fee shall be payable to that Secretary of State —
a
by a responsible person, to the extent that such functions are for the purpose of putting into effect the principal Regulations in relation to that person;
b
by a carrier, to the extent that such functions are performed for the purpose of putting into effect the principal Regulations in relation to that person; and
c
by a person subject to requirements by or under regulation 22 of the principal Regulations, to the extent that such functions are performed for the purpose of putting into effect the principal Regulations in relation to that person.
Supplementary provisions
4
1
The fees referred to in regulation 3 shall —
a
not exceed the costs reasonably incurred of performing the functions for which the fees are payable;
b
take into account the seniority of the individuals performing the functions, and the time spent performing the functions;
c
be calculated at the end of each quarter of the financial year, which financial year shall be from 1st April to 31st March;
d
be payable within 30 days from the date of the invoice that the Secretary of State has sent or given to the person who is required to pay the fees, such invoices to include a statement of the functions performed and the costs incurred including the period to which the statement relates.
2
The fees referred to in regulation 3 shall not include any costs connected with any —
a
in England, Wales and Northern Ireland, criminal investigation or prosecution incurred (in either case) from the date any summons is obtained from a Magistrates' Court; or
b
in Scotland, criminal investigation or prosecution incurred (in either case) after such a time as —
i
the inspector undertaking the investigation submits a report to the Procurator Fiscal for his decision as to whether a prosecution should be brought; or
ii
the Procurator Fiscal intervenes in the investigation, whichever is the sooner.
3
The Secretary of State may apportion fees between different persons for a function performed by the Secretary of State or an inspector (as the case may be), where such function is reasonably attributable to those different persons.
Malcolm Wicks
Minister of State for Energy,
Department of Trade and Industry
12th June 2005


text:
Title and commencement
1
These Regulations may be cited as the Environmental Protection (Waste Recycling Payments) (England) (Amendment) Regulations 2005 and shall come into force on 1st April 2005.
Amendment of regulations
2
For the Schedule to the Environmental Protection (Waste Recycling Payments) (England) Regulations 2004 substitute–
SCHEDULE
Regulation 3(6)
Type of waste disposal authority Net saving per tonne of waste
A London waste disposal authority for an area which includes an inner London borough.
The council of an inner London borough.
The Common Council of the City of London.
£64.22
A London waste disposal authority which comprises outer London boroughs.
The council of an outer London borough.
£57.20
The Greater Manchester Waste Disposal Authority.
The Merseyside Waste Disposal Authority.
The council of a metropolitan district.
£48.82 Any other waste disposal authority. £40.41 where the authority incurs any transport costs in disposing of similar wastes, and £30.61 in other cases.
.
Elliot Morley
Minister of State
Department for Environment, Food and Rural Affairs
1st March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Restriction on the Preparation of Adoption Reports Regulations 2005 and shall come into force on 30th December 2005.
Interpretation
2
In these Regulations —
“ the Act ” means the Adoption and Children Act 2002;
“the 2000 Act ” means the Care Standards Act 2000 ;
“the Adoption Agencies Regulations ” means the Adoption Agencies Regulations 2005 ;
“the Adoptions with a Foreign Element Regulations ” means the Adoptions with a Foreign Element Regulations 2005 ;
“corresponding Welsh provision”, in relation to the Adoption Agencies Regulations or to a regulation of the Adoption Agencies Regulations, means the provision of regulations made by the Assembly under section 9 of the Act which corresponds to, as the case may be, the Adoption Agencies Regulations or to that regulation of the Adoption Agencies Regulations;
“Council” means either the English Council or the Welsh Council and “the English Council” and “the Welsh Council” have the same meaning as in section 54 of the 2000 Act;
“pre-adoption report” means a report prepared otherwise than in accordance with the Adoption Agencies Regulations or corresponding Welsh provision at the request of a relevant foreign authority following the placement for adoption of a child from the country in which that authority performs its functions and prior to that child’s adoption and includes a report prepared in accordance with regulation 29(2) of the Adoptions with a Foreign Element Regulations;
“post-adoption report” means a report prepared otherwise than in accordance with the Adoption Agencies Regulations or corresponding Welsh provision at the request of a relevant foreign authority following the adoption of a child from the country in which that authority performs its functions;
“relevant foreign authority” has the meaning given in regulation 2 of the Adoptions with a Foreign Element Regulations; and
“social worker” means a person who is registered in —
the register for social workers maintained in accordance with section 56 of the 2000 Act;
the register maintained by the Scottish Social Services Council under section 44 of the Regulation of Care (Scotland) Act 2001 ; or
the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001 .
A person within a prescribed description
3
1
A person is within a prescribed description for the purposes of section 94(1) of the Act if —
a
he is a social worker who is employed by a local authority or registered adoption society and who satisfies at least one of the conditions set out in paragraph (2)(a) or (b);
b
he is a person who —
i
is participating in a course approved by a Council under section 63 of the 2000 Act for persons wishing to become social workers;
ii
is employed by, or placed with, a local authority or registered adoption society as part of that course; and
iii
satisfies the condition set out in paragraph (2)(b); or
c
he is acting on behalf of a local authority or a registered adoption society and is a social worker who satisfies the conditions in paragraph (2)(a) and (b).
2
The conditions referred to in paragraph (1) are that the person —
a
has at least three years' post-qualifying experience in child care social work, including direct experience of adoption work;
b
is supervised by a social worker who —
i
is employed by the local authority or registered adoption society in question; and
ii
has at least three years' post-qualifying experience in child care social work, including direct experience of adoption work.
The prescribed circumstances
4
The circumstances prescribed for the purposes of section 94(1) of the Act are —
a
preparing a report about whether a child should be placed for adoption, in accordance with regulation 17(1) of the Adoption Agencies Regulations or corresponding Welsh provision;
b
preparing a report about the suitability of a prospective adopter to adopt a child, in accordance with regulation 25(5) of the Adoption Agencies Regulations or corresponding Welsh provision;
c
preparing a report about whether a child should be placed for adoption with a particular prospective adopter, in accordance with regulation 31(2)(d) of the Adoption Agencies Regulations or corresponding Welsh provision;
d
preparing a report of a visit in accordance with regulation 36(4)(b) of the Adoption Agencies Regulations or corresponding Welsh provision;
e
preparing a report of a visit or review in accordance with regulation 5(1)(h)(ii) of the Adoptions with a Foreign Element Regulations;
f
preparing a report of a review of a child’s case in accordance with regulation 5(3) of the Adoptions with a Foreign Element Regulations;
g
preparing a pre-adoption report;
h
preparing a post-adoption report;
i
preparing a report in accordance with section 43 (reports in agency cases) or section 44(5) (reports in non-agency cases) of the Act; and
j
preparing a report in the case of an application under section 84(1) (parental responsibility prior to adoption abroad) of the Act.
Maria Eagle
Parliamentary Under-Secretary of State
Department for Education and Skills
27th June 2005


text:
Citation, commencement and extent
1
1
These regulations may be cited as the Education (Student Support) (Amendment) Regulations 2005 and shall come into force on 15th June 2005.
2
These regulations extend to England and Wales only.
Interpretation
2
In these regulations —
“the 2002 Regulations ” means the Education (Student Support) (No.2) Regulations 2002
“the 2005 Regulations ” means the Education (Student Support) Regulations 2005 .
Amendment of the 2002 and 2005 Regulations
3
1
The 2002 Regulations shall be amended as follows.
2
After regulation 6(2)(d) there is inserted the following sub-paragraph —
e
he is a person mentioned in paragraph 9 of Schedule 1 the application must reach the Secretary of State not later than 15th March 2006 or 9 months after the first day of the academic year, whichever is the later.
3
After paragraph 8 of Schedule 1 there is inserted the following paragraph —
9
A person who on the first day of the first academic year of the course is a national of a Member State of the European Community or the child of such a national —
a
who is claiming a grant or loan for living costs in respect of an academic year beginning on or after 1 September 2004;
b
who is ordinarily resident in England and Wales on the first day of the first academic year of the course; and
c
who has been ordinarily resident throughout the three-year period preceding the first day of the first academic year of the course in the United Kingdom and Islands.
4
1
The 2005 Regulations shall be amended as follows.
2
After “from 1 to 7” in regulations 13(2), 24(3), 34(7), 46(5) and paragraph 4(2) of Schedule 5 there is inserted “and 9”.
3
After paragraph 7(b) of Schedule 2, there is inserted “and, (c) who does not fall within paragraph 9”.
4
After paragraph 8 of Schedule 2 there is inserted the following paragraph —
9
A person who on the first day of the first academic year of the course is a national of a Member State of the European Community or the child of such a national —
a
who is ordinarily resident in England and Wales on the first day of the first academic year of the course; and
b
who has been ordinarily resident throughout the three-year period preceding the first day of the first academic year of the course in the United Kingdom and Islands.
Bill Rammell
Minister of State
Department for Education and Skills
12th May 2005


text:
Citation and commencement
1
These Regulations may be cited as the Child Trust Funds (Amendment) Regulations 2005 and shall come into force on 6th April 2005.
Amendments to the Child Trust Funds Regulations 2004
2
The Child Trust Funds Regulations 2004 are amended as follows.
3
In regulation 7 (Government contributions) add at the end —
10
A further contribution under section 10 of the Act of £250 is due for any child where —
a
the commencement date (for child benefit: see paragraph (8)) in relation to that child is after 5th April 2005, and
b
income support or income-based jobseeker’s allowance was paid for that commencement date to a person whose applicable amount included an amount in respect of the child.
11
On receipt of the further contribution from the Inland Revenue the account provider must credit the account held by the child with the amount of the payment.
.
4
In regulation 22(2) (recoupment of Inland Revenue contributions to void accounts) —
a
after sub-paragraph (b) insert —
or
c
the requirements of regulation 7(10) were satisfied in relation to a child, but it has subsequently been determined that payment of the relevant benefit mentioned in that provision should not have been made, or that the applicable amount should not have included an amount in respect of that child,
;
b
in the words after sub-paragraph (c) (as so inserted), after “supplementary contribution” insert “, or further contribution, as the case may be,”.
5
In regulation 30(6) (fortnightly claim and financial returns) omit “and” which follows sub-paragraph (a) and at the end of the paragraph add —
; and
c
where the Inland Revenue have informed the account provider that paragraph (10) of regulation 7 applies to the named child, a claim for the further contribution due to the account in accordance with that paragraph.
.
Nick Ainger
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd February 2005


text:
Citation, commencement and interpretation
1
These Rules may be cited as the Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2005 and shall come into force on 1st March 2005.
2
In the following Rules —
a
a reference to a rule, chapter, Part or Appendix by number alone means the rule, chapter, Part or Appendix so numbered in the Family Proceedings Courts (Children Act 1989) Rules 1991 ; and
b
a reference to a Form by letter means the form so identified by that letter in Appendix 1 or (as the case may be) 1A to those Rules.
Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991
3
In the Arrangement of Rules after the entry for rule 21J insert —
PART IIB
PROCEEDINGS IN RESPECT OF THE COUNCIL REGULATION
21K
Application by a party for transfer of proceedings to a court of another Member State
21L
Application by a court of another Member State for transfer of proceedings
21M
A certified copy of a judgment for enforcement in other Member States
21N
Application for a certificate in accordance with Article 41
21P
Rectification of certificates issued under Article 41
4
In rule 1.2(1)
a
after the definition of “contribution order” insert —
“the Council Regulation” means Council Regulation ( EC ) 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility.
b
after the definition of “officer of the service” insert —
“Member State” means —
those parties contracting to the Council Regulation, that is to say, Belgium, Cyprus, Czech Republic, Germany, Greece, Spain, Estonia, France, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Slovakia, Slovenia, Finland, Sweden and the United Kingdom.
a party which has subsequently adopted the Council Regulation
.
5
After rule 21J insert the following —
PART IIB
PROCEEDINGS IN RESPECT OF THE COUNCIL REGULATION
Application by a party for transfer of proceedings to a court of another Member State
21K
1
A party may make an application that proceedings, or a specific part of those proceedings, be heard in another Member State pursuant to Article 15 of the Council Regulation.
2
An application under paragraph (1) shall be made —
a
to the court in which the relevant parental responsibility proceedings (within the meaning of the Council Regulation) are pending; and
b
on notice in form C1; and
c
such notice shall be filed and served on the respondents not less than 5 business days before the hearing of the application.
3
An application made under paragraph (1) must be supported by an affidavit, which should contain evidence of the child’s particular connection to the other Member State in accordance with Article 15(3) of the Council Regulation. In this paragraph the child referred to is the child subject of the parental responsibility proceedings.
4
The respondents referred to in paragraph (2)(c) mean any other parties, the child and the Central Authority of the relevant Member State.
Application by a court of another Member State for transfer of proceedings
21L
1
A court of another Member State may make an application that proceedings, or a specific part of those proceedings, be heard in that Member State pursuant to Article 15 of the Council Regulation.
2
An application under paragraph (1) should be made in the first instance to the Central Authority of England and Wales.
3
The Central Authority will forward an application made under paragraph (1) to the court in which the parental responsibility proceedings are pending, or where there are no pending proceedings to the principal registry.
4
When a court receives the application the court shall serve all other parties in England and Wales not less than 5 business days before the hearing of the application.
5
A decision to accept or refuse jurisdiction under Article 15 of the Council Regulation is to be served on all parties, the Central Authority of the relevant Member State and the Central Authority of England and Wales. Service on a Central Authority or court of another Member State shall be made by the Central Authority of England and Wales.
A certified copy of a judgment for enforcement in other Member States
21M
1
An application for a certified copy of a judgment or certificate referred to in Article 37(1), 39 or 45(1) of the Council Regulation must be made to the court which made the order by witness statement or affidavit without notice being served on any other party.
2
A witness statement or affidavit by which an application for a certified copy of a judgment is made must —
a
give particulars of the proceedings in which the judgment was obtained;
b
have annexed to it —
i
a copy of the petition or application by which the proceedings were begun;
ii
evidence of service on the respondent;
iii
copies of the pleadings and particulars, if any; and
iv
a statement of the grounds on which the judgment was based together, where appropriate, with any document showing that the applicant is entitled to legal aid or assistance by way of representation for the purposes of the proceedings;
c
state whether the respondent did or did not object to the jurisdiction, and if so, on what grounds;
d
show that the judgment has been served in accordance with rule 8 and is not subject to any order for the stay of proceedings;
e
state that the time for appealing has expired, or, as the case may be, the date on which it will expire and in either case whether notice of appeal against the judgment has been given; and
f
state —
i
whether the judgment provides for the payment of a sum of money;
ii
whether interest is recoverable on the judgment or part thereof and if so, the rate of interest, the date from which interest is recoverable, and the date on which interest ceases to accrue.
3
A witness statement or affidavit by which an application for a certificate is made must give —
a
particulars of the proceedings in which the judgment was obtained;
b
the full name, country and place of birth and date of birth of the parties;
c
details of the type of certificate applied for and the reasons for making the application; and
d
where the application is for a certificate under Annex II to the Council Regulation —
i
the full name and, if known, the address and the date and place of birth of any other persons with parental responsibility;
ii
information as to whether or not the judgment entails the return of a child wrongfully removed or retained in another Member State and, if so, the full name and address of the person to whom the child should be returned.
4
The certified copy of the judgment shall be an office copy sealed with the seal of the court and signed by the justices' clerk and there shall be issued with the copy of the judgment a certified copy of any order which has varied any of the terms of the original order.
Application for a certificate in accordance with Article 41
21N
1
An application for a certificate in accordance with Article 41 can be made, after judgment, by any party.
2
An application under paragraph (1) should be made to the court in which the relevant judgment was made and must be supported by an affidavit, which should contain evidence of the cross-border character of the case.
Rectification of certificates issued under Article 41
21P
1
The court may rectify an error in a certificate issued under Article 41.
2
The court may rectify the certificate of its own motion or pursuant to an application made by any party to the proceedings, or the court or Central Authority of another Member State.
Falconer of Thoroton, C.
Date 7th February 2005


text:
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 11) Order 2005.
2
Section 5 of the Criminal Justice Act 2003 (drug testing for under-eighteens) shall come into force on 1st December 2005 to the extent not already in force.
Paul Goggins
Parliamentary Under-Secretary of State
Home Office
1st November 2005


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Hartlepool) Order 2005 and shall come into force on 4th July 2005.
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 Hartlepool except —
a
the entire length of the A19, including those parts of its off slip road to the roundabout junction with the A689 and A1185, within the borough;
b
the A178 from its junction with Graythorp Road to the southern boundary of the borough;
c
the A179 from its junction with Hart Lane roundabout to the western boundary of the borough; and
d
the two lengths of the A689, from its junction with High Street, Greatham heading westwards to the western boundary of the borough, where that road falls 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
Karen Buck
Parliamentary Under Secretary of State
Department for Transport
26th May 2005


text:
Title, commencement and application
1
These Regulations may be cited as the Common Agricultural Policy Single Payment and Support Schemes (Amendment) Regulations 2005, shall come into force on 30 April 2005 and shall apply to England only.
Amendment of the Common Agricultural Policy Single Payment and Support Schemes Regulations 2005
2
The Common Agricultural Policy Single Payment and Support Schemes Regulations 2005 shall be amended as follows —
a
in regulation 2(3), for “on the date these Regulations are made.” substitute “on the date the Common Agricultural Policy Single Payment and Support Schemes (Amendment) Regulations 2005 are made.” ;
b
for regulation 9 substitute the following regulation —
Horticulture
9
In accordance with Article 51(b) second subparagraph of the Council Regulation, secondary crops may be cultivated on the eligible hectares during a period of not more than three months beginning each year on 15 th August.
.
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
2nd April 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Bank Accounts Directive (Miscellaneous Banks) (Amendment) Regulations 2005 and come into force on 1st October 2005.
2
These Regulations have effect as respects financial years which begin on or after 1st January 2005 and which end on or after 1st October 2005.
3
In these Regulations —
“the 1985 Act ” means the Companies Act 1985 , and
“the principal regulations ” means the Bank Accounts Directive (Miscellaneous Banks) Regulations 1991 .
Amendment of the principal regulations
2
1
The Schedule to the principal regulations (modifications and adaptations of Part 7 of the 1985 Act) is amended as follows.
2
In paragraph 3 (application of Schedule 4A to the 1985 Act) —
i
for “ under these Regulations” substitute “under section 227A of the 1985 Act as applied by these Regulations” , and
ii
for “13(3) to (5)” substitute “13(3) and (5)” .
3
In paragraph 4 (application of Schedule 5 to the 1985 Act), for “paragraphs 4, 5, 10, 18, 19 and 29” substitute “paragraph 4” .
4
In paragraph 5 (application of Schedule 6 to the 1985 Act), for “paragraphs 2 to 6” substitute “paragraphs 2” .
5
In paragraph 6(1) (application of Schedule 7 to the 1985 Act), for “paragraph 6” substitute “paragraphs 5A and 6” .
6
In paragraph 7 (application of Schedule 9 to the 1985 Act), for “under these Regulations” substitute “under section 226A of the 1985 Act as applied by these Regulations” .
7
In paragraph 9 (requirement to give a true and fair view), for “sections 226 and 227” substitute “sections 226A and 227A”.
Gerry Sutcliffe
Parliamentary Under Secretary of State for Employment Relations and Consumers
Department of Trade and Industry
13th July 2005


text:
Citation and interpretation
1
1
This Order may be cited as the Energy Act 2004 (Commencement No. 4) Order 2005.
2
In this Order, “ the Act ” means the Energy Act 2004.
Commencement
2
1
The provisions of the Act specified in Schedule 1 shall come into force on 1st March 2005.
2
The provisions of the Act specified in Schedule 2 shall come into force on 31st March 2005.
3
The provisions of the Act specified in Schedule 3 shall come into force on 1st September 2005.
Mike O' Brien
Minister of State for Energy and E-Commerce,
Department of Trade and Industry
24th February 2005


text:
Citation and Commencement
1
This Order may be cited as the Railways Act 1993 (Determination of Turnover) Order 2005 and shall come into force on the day after the day on which it is made.
Interpretation
2
1
In this Order —
“ the Act ” means the Railways Act 1993;
“applicable turnover” means the turnover of the relevant operator derived from its railway business activities in Great Britain during a business year after deduction of trade discounts, value added tax and other taxes directly related to turnover, and where a business year does not equal 12 months, the applicable turnover shall be the amount which bears the same proportion to the applicable turnover during that business year as 12 months does to the period of that year;
“business year” means a period of more than six months in respect of which a relevant operator publishes accounts or, if no such accounts have been published for the period, prepares accounts; and
“railway business activities” means so much of any business carried on by a relevant operator as consists in either or both of the following:
the provision of railway services; and
the ownership or operation of a railway asset;
together with any business carried on incidental to that business.
2
In this Order, turnover derived from railway business activities includes (without limitation) amounts derived from:
a
aid granted to the relevant operator by a public sector operator, if the aid facilitates or promotes the relevant operator’s railway business activities;
b
fares paid in respect of railway passenger services;
c
fees paid in respect of services for the carriage of goods by railway;
d
catering services provided at stations or on trains;
e
car parking facilities at stations;
f
the sale of land forming part of a station; and
g
leases and licences granted in respect of land forming part of a station.
Determination of Turnover for the purposes of section 55(7B)
3
1
The turnover of a relevant operator, for the purposes of section 55(7B), is —
a
the applicable turnover for the business year preceding the date on which the relevant operator first made a specified contravention of the final or provisional order to which it was subject; and
b
where the length of the infringement is more than 12 months, in addition the amount of the applicable turnover for the business year preceding that identified under sub-paragraph (a) which bears the same proportion to the applicable turnover for that business year as the period by which the length of infringement exceeds 12 months bears to 12 months;
save that the amount added under sub-paragraph (b) shall not exceed the amount of the applicable turnover for the previous business year in question.
2
For the purposes of this article, “length of the infringement” means the period of the specified contravention of a final or provisional order by the relevant operator.
Determination of Turnover for the purposes of section 57A(3)
4
1
The turnover of a relevant operator, for the purposes of section 57A(3), is —
a
the applicable turnover for the business year preceding the date on which a notice pursuant to section 57C(1) of the Act was served on the relevant operator; and
b
where the length of the infringement is more than 12 months, in addition the amount of the applicable turnover for the business year preceding that identified under sub-paragraph (a) which bears the same proportion to the applicable turnover for that business year as the period by which the length of the infringement exceeds 12 months bears to 12 months;
save that the amount added under sub-paragraph (b) shall not exceed the amount of the applicable turnover for the preceding business year in question.
2
For the purposes of this article, “length of the infringement” means the period of the contravention of the relevant condition or requirement or final or provisional order by the relevant operator.
No preceding business year
5
Where in the application of article 3 or 4 there is a date in respect of which there is no preceding business year then the applicable turnover shall be the turnover derived by the relevant operator from railway business activities in Great Britain during the business year in which that date falls.
Signed by authority of the Secretary of State for Transport
Derek Twigg
Parliamentary Under Secretary of State
Department for Transport
2nd August 2005


text:
Title and commencement
1
These Regulations may be cited as the Charges for Inspections and Controls (Amendment) Regulations 2005 and come into force on 5th February 2005.
Amendment of previous Regulations
2
The Charges for Inspections and Controls Regulations 1997 shall be amended as follows:
a
in regulation 2(1), omit the definition of “the Minister”, and for those words, wherever they appear in those Regulations, substitute the words “the Secretary of State”;
b
in regulation 3(1) and 4(1), for “him”, wherever it appears, substitute “her”;
c
in regulation 3(1), after “shall”, insert “, except where regulation 4(4D) applies,”;
d
in regulation 4(1), after “paragraph (2)”, insert, “ or, as the case may be, paragraphs (4D) and (4E),”;
e
after paragraph (4A) of regulation 4 insert the following paragraphs —
4B
Where the charge made under regulation 3(1) concerns the inspection and control of eggs, the Secretary of State may enter into an agreement with an organisation providing for the organisation to make payments to her in accordance with paragraphs (4C) to (4E), if she reasonably considers that the organisation is supported by persons falling within paragraph (2)(h).
4C
If she enters into an agreement she must publicise —
a
the fact of having done so;
b
its duration; and
c
if not of a term certain, the way in which she will notify its termination,
in a manner she considers suitable for informing persons concerned in the egg trade.
4D
So long as the agreement is in effect following that publication —
a
paragraph (2)(h) shall not apply, and
b
the organisation shall pay the Secretary of State the total actual cost of control as referred to in point 1(d) of Annex B to Council Directive 96/43/EC amending and consolidating Directive 85/73/ EEC in order to ensure financing of veterinary inspections and controls on live animals and certain animal products and amending Directive 90/675/EEC and 91/496/EEC ;
4E
Where paragraph (4D) applies —
a
the Secretary of State shall demand payment in writing specifying the period to which the demand relates, and
b
in any proceedings for recovery brought by the Secretary of State a certificate made by her stating the amount recoverable shall be evidence of the amount in question.
; and
f
in paragraph (5) of regulation 4, for “operator”, substitute “occupier”.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
8th January 2005