text:
PART 1 Preliminary and general
Citation, commencement and application
1
1
This Order may be cited as the Terrorism (United Nations Measures) Order 2009 and comes into force on 10th August 2009.
2
An offence may be committed under this Order by any person in the United Kingdom or by any person elsewhere who is —
a
a British citizen;
b
a British overseas territories citizen who acquired his or her citizenship from a connection with Gibraltar;
c
a British subject under Part 4 of the British Nationality Act 1981 with the right of abode in the United Kingdom; or
d
a body incorporated or constituted under the law of any part of the United Kingdom.
Interpretation
2
1
In this Order —
“the 2000 Act ” means the Financial Services and Markets Act 2000 ;
“the 2006 Order ” means the Terrorism (United Nations Measures) Order 2006 ;
“body corporate” includes a Scottish partnership;
“the Council Regulation ” means Council Regulation (EC) No. 2580/2001 as amended from time to time;
“designated person” has the meaning given by article 3;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, goods or services;
“financial services” (except in the title of the 2000 Act) means any service of a financial nature, including (but not limited to) —
insurance-related services consisting of —
direct life assurance;
direct insurance other than life assurance;
reinsurance and retrocession;
insurance intermediation, such as brokerage and agency; and
banking and other financial services consisting of —
accepting deposits and other repayable funds;
lending (including consumer credit, mortgage credit, factoring and financing of commercial transactions);
financial leasing;
payment and money transmission services (including credit, charge and debit cards, travellers’ cheques and bankers’ drafts);
providing guarantees or commitments;
financial trading;
participating in issues of any kind of securities (including underwriting and placement as an agent, whether publicly or privately) and providing services related to such issues;
money brokering;
settlement and clearing services for financial assets (including securities, derivative products and other negotiable instruments);
providing or transferring financial information, financial data processing or related software (but only by suppliers of other financial services);
providing advisory and other auxiliary financial services in respect of any activity listed in paragraphs (i) to (x) (including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy);
“financial trading” means trading for own account or for account of customers, whether on an investment exchange, in an over-the-counter market or otherwise, in —
money market instruments (including cheques, bills and certificates of deposit);
foreign exchange;
derivative products (including futures and options);
exchange rate and interest rate instruments (including products such as swaps and forward rate agreements);
transferable securities;
other negotiable instruments and financial assets (including bullion);
“funds” means financial assets and benefits of every kind, including (but not limited to) —
cash, cheques, claims on money, drafts, money orders and other payment instruments;
deposits with relevant institutions or other persons, balances on accounts, debts and debt obligations;
publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivative products;
interest, dividends or other income on or value accruing from or generated by assets;
credit, rights of set-off, guarantees, performance bonds or other financial commitments;
letters of credit, bills of lading, bills of sale;
documents providing evidence of an interest in funds or financial resources;
any other instrument of export financing;
“officer”, in relation to a body corporate, means —
in relation to a Scottish partnership, a partner or any person who has purported to act in any such capacity, and
in relation to any other body corporate, a director, manager, secretary or other similar officer of the body corporate or any person who has purported to act in any such capacity;
“the public” means the public in the whole or a part of the United Kingdom or in another country or territory, or any section of the public;
“relevant institution” means —
a person who has permission under Part 4 of the 2000 Act (permission to carry on regulated activities);
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the 2000 Act (EEA passport rights) which has permission under paragraph 15 of that Schedule as a result of qualifying for authorisation under paragraph 12 of that Schedule to accept deposits; and
an undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means or cashes cheques which are made payable to customers;
“restricted person” means —
a designated person;
a person owned or controlled, directly or indirectly, by a designated person;
a person acting on behalf of or at the direction of a designated person;
“ Security Council Resolutions ” means resolution 1373(2001) adopted by the Security Council of the United Nations on 28th September 2001 and resolution 1452(2002) adopted by the Security Council on 20th December 2002.
2
The definition of “relevant institution” in paragraph (1) must be read with —
a
section 22 of the 2000 Act (the classes of activity and categories of investment);
b
any relevant order under that section ; and
c
Schedule 2 to that Act (regulated activities).
3
For the purposes of this Order, “terrorism” means the use or threat of action where —
a
the action falls within paragraph (4) ,
b
the use or threat is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, and
c
the use or threat is made for the purpose of advancing a political, religious, racial or ideological cause.
4
Action falls within this paragraph if it —
a
involves serious violence against a person,
b
involves serious damage to property,
c
endangers a person’s life, other than that of the person committing the action,
d
creates a serious risk to the health or safety of the public or a section of the public, or
e
is designed seriously to interfere with or seriously to disrupt an electronic system.
5
The use or threat of action falling within paragraph (4) which involves the use of firearms or explosives is terrorism whether or not paragraph (3)(b) is satisfied.
6
In paragraphs (3) , (4) and (5) —
a
“action” includes action outside the United Kingdom,
b
a reference to any person or to property is a reference to any person or property, wherever situated, and
c
“the government” means the government of the United Kingdom, of a part of the United Kingdom or of a country other than the United Kingdom.
PART 2 Designated persons and directions
Designated persons
3
For the purposes of this Order a person is a designated person if —
a
identified as provided in Article 2(3) of the Council Regulation, or
b
identified in a direction given under article 4(1) or renewed under article 5(1).
Treasury’s power to designate persons
4
1
The Treasury may give a direction that a person identified in the direction is designated for the purposes of this Order if —
a
a condition in paragraph (2) is satisfied; and
b
the Treasury consider that the direction is necessary for purposes connected with protecting members of the public from a risk of terrorism.
2
The conditions are that the Treasury have reasonable grounds for suspecting that the person is —
a
a person who commits, attempts to commit, participates in or facilitates the commission of acts of terrorism;
b
a person identified as provided in Article 2(3) of the Council Regulation;
c
a person owned or controlled, directly or indirectly, by a designated person; or
d
a person acting on behalf of or at the direction of a designated person.
3
The Treasury may vary or revoke a direction at any time.
Duration of directions
5
1
The Treasury may renew a direction given under article 4(1) at any time before it ceases to have effect if the requirements in paragraphs (a) and (b) of article 4(1) continue to be met.
2
A direction given under article 4(1) or renewed under paragraph (1) ceases to have effect at the end of the period of twelve months beginning with the day on which it is given or, as the case may be, last renewed.
Directions: notification of a direction
6
1
Where the Treasury give a direction under article 4(1) or renew a direction under article 5(1) they must —
a
give written notice to the person identified in the direction; and
b
unless one of the conditions in paragraph (2) is met, take such steps as they consider appropriate to publicise generally the direction.
2
The conditions are that —
a
the Treasury believe that the person identified in the direction is under the age of eighteen years; or
b
the Treasury consider that disclosure of the direction should be restricted —
i
in the interests of national security;
ii
for reasons connected with the prevention and detection of serious crime; or
iii
in the interest of justice.
3
Where a condition in paragraph (2) is met, the Treasury may inform only such persons as they consider appropriate of the direction.
4
Where the conditions in paragraph (2) cease to be met, the Treasury must notify the person identified in the direction and take such steps as they consider appropriate to publicise generally the direction.
Directions: variation, revocation or expiry of direction
7
Where the Treasury vary or revoke a direction, or where a direction expires, they must —
a
give written notice of the variation, revocation or expiry to the person identified in the direction; and
b
take such steps as they consider appropriate to bring the variation, revocation or expiry to the attention of the persons informed of the direction.
Confidential information
8
1
Where the Treasury in accordance with article 6(3) inform only certain persons of a direction given under article 4(1) or renewed under article 5(1), they may specify that information contained in the direction is to be treated as confidential.
2
A person who is provided with information which is to be treated as confidential in accordance with paragraph (1), or who obtains such information, must not disclose it except with lawful authority.
3
Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies —
a
the disclosure is by, or is authorised by, the Treasury;
b
the disclosure is with the consent of the person who is the subject of the information;
c
the disclosure is necessary to give effect to a requirement under this Order; or
d
the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description.
4
This article does not prevent the disclosure of information already available to the public from other sources.
5
A person who contravenes the prohibition in paragraph (2) is guilty of an offence.
6
In proceedings for an offence under this article, it is a defence for a person to show that they did not know and had no reasonable cause to suspect that the information was confidential.
7
The High Court or, in Scotland, the Court of Session may grant an injunction to prevent a breach of paragraph (2) in relation to any information upon the application of —
a
the person who is the subject of the information, or
b
the Treasury.
PART 3 Prohibitions and licences
Application of prohibitions
9
Where the Treasury in accordance with article 6(3) inform only certain persons of a direction given under article 4(1) or renewed under article 5(1), only those persons informed of the direction and the person identified in the direction are subject to the prohibitions in this Part in respect of that direction.
Freezing funds and economic resources of a restricted person
10
1
A person must not deal with funds or economic resources owned, held or controlled by a restricted person.
2
In paragraph (1) “deal with” means —
a
in respect of funds —
i
use, alter, move, allow access to or transfer;
ii
deal with in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination; or
iii
make any other change that would enable use, including portfolio management; and
b
in respect of economic resources, exchange or use in exchange for funds, goods or services.
3
A person who contravenes the prohibition in paragraph (1) is guilty of an offence.
4
In proceedings for an offence under this article, it is a defence for a person to show that they did not know and had no reasonable cause to suspect that the funds or economic resources were owned, held or controlled by or on behalf of a restricted person.
Making funds or financial services available to a restricted person
11
1
A person must not make funds or financial services available, directly or indirectly, to a restricted person.
2
A person who contravenes the prohibition in paragraph (1) is guilty of an offence.
3
In proceedings for an offence under this article, it is a defence for a person to show that they did not know and had no reasonable cause to suspect that the funds or financial services were being made available, directly or indirectly, to a restricted person.
Making funds or financial services available for the benefit of a restricted person
12
1
A person must not make funds or financial services available to any person for the benefit of a restricted person.
2
A person who contravenes the prohibition in paragraph (1) is guilty of an offence.
3
In proceedings for an offence under this article it is a defence for a person to show that they did not know and had no reasonable cause to suspect that the funds or financial services were being made available for the benefit of a restricted person.
4
For the purposes of this article —
a
funds or financial services are made available for the benefit of a restricted person only if that person thereby obtains, or is able to obtain, a significant financial benefit; and
b
“financial benefit” includes the discharge of a financial obligation for which the restricted person is wholly or partly responsible.
Making economic resources available to a restricted person
13
1
A person must not make economic resources available, directly or indirectly, to a restricted person.
2
A person who contravenes the prohibition in paragraph (1) is guilty of an offence.
3
In proceedings for an offence under this article it is a defence for a person to show that they did not know and had no reasonable cause to suspect that —
a
the economic resources were being made available, directly or indirectly, to a restricted person; or
b
the restricted person would be likely to exchange the economic resources, or use them in exchange, for funds, goods or services.
Making economic resources available for the benefit of a restricted person
14
1
A person must not make economic resources available to any person for the benefit of a restricted person.
2
A person who contravenes the prohibition in paragraph (1) is guilty of an offence.
3
In proceedings for an offence under this article it is a defence for a person to show that they did not know and had no reasonable cause to suspect that the economic resources were being made available for the benefit of a restricted person.
4
For the purposes of this article —
a
economic resources are made available for the benefit of a restricted person only if that person thereby obtains, or is able to obtain, a significant financial benefit; and
b
“financial benefit” includes the discharge of a financial obligation for which the restricted person is wholly or partly responsible.
Exceptions
15
1
A relevant institution is not guilty of an offence under this Part if the institution credits a frozen account with —
a
interest or other earnings due on the account; or
b
payments due under contracts, agreements or obligations that were concluded or arose before the account became a frozen account.
2
Articles 11 and 12 do not prevent a relevant institution from crediting a frozen account where it receives funds transferred to a frozen account by a third party.
3
A relevant institution must inform the Treasury without delay if it credits a frozen account in accordance with paragraph (1)(b) or (2).
4
For the avoidance of doubt, article 10 applies to any funds credited to a frozen account in accordance with this article.
5
In this article —
“frozen account” means an account with a relevant institution which is held or controlled (directly or indirectly) by a restricted person;
“third party” means a person other than the account holder or the relevant institution with which the account is maintained.
Circumventing prohibitions etc.
16
A person who participates knowingly and intentionally in activities the object or effect of which is, directly or indirectly, to —
a
circumvent a prohibition in this Part, or
b
enable or facilitate the contravention of a prohibition in this Part,
is guilty of an offence.
Licences
17
1
The Treasury may grant a licence to disapply the prohibitions in this Part in relation to acts specified in the licence.
2
A licence may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions;
c
of indefinite duration or subject to an expiry date.
3
The Treasury may vary or revoke a licence at any time.
4
The Treasury, where they grant, vary or revoke a licence, must —
a
in the case of a licence granted to a particular person, give written notice of the licence, variation or revocation to that person, and
b
in the case of a general licence or a licence granted to a category of persons, take such steps as the Treasury consider appropriate to publicise the licence, variation or revocation.
5
Where the relevant designated person is identified as provided in Article 2(3) of the Council Regulation, the licence also constitutes authorisation under Article 6 of the Council Regulation.
6
A person who, for the purpose of obtaining a licence knowingly or recklessly —
a
provides information that is false in a material respect; or
b
provides or produces a document that is not what it purports to be,
is guilty of an offence.
7
Any person who purports to act under the authority of a licence and who fails to comply with any conditions included in the licence is guilty of an offence.
PART 4 Information provisions
Information from relevant institutions
18
1
A relevant institution must as soon as practicable inform the Treasury if it knows or suspects that a relevant person —
a
is a restricted person; or
b
has committed an offence under article 8 or Part 3 of this Order.
2
A relevant institution, where it informs the Treasury under paragraph (1), must state —
a
the information or other matter on which the knowledge or suspicion is based;
b
any information it holds about the relevant person by which the person can be identified; and
c
the nature and amount or quantity of any funds or economic resources held by the relevant institution for the relevant person at any time up to five years prior to the relevant direction being given.
3
A relevant institution that fails to comply with a requirement in paragraph (1) or (2) or article 15(3) is guilty of an offence.
4
Anything done under this article is not to be treated as a breach of any restriction imposed by statute or otherwise.
5
In this article, “relevant person” means —
a
a person who is a customer of the institution;
b
a person who was a customer of the institution at any time in the period of five years immediately preceding the relevant direction being given; or
c
a person with whom the institution has had dealings in the course of its business during that period.
Information gathering and information disclosure
19
1
The Schedule (which contains provisions concerning information gathering and information disclosure) has effect.
PART 5 Miscellaneous
Officers of a body corporate etc.
20
1
If an offence under this Order committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer of the body corporate; or
b
to be attributable to any neglect on the officer’s part,
the officer as well as the body corporate is guilty of an offence.
2
Paragraph (1) also applies in relation to an institution which is not a body corporate, with the substitution for the reference to an officer of the body of a reference —
a
in the case of a partnership, to a partner;
b
in the case of an unincorporated body other than a partnership —
i
where the body’s affairs are managed by its members, to a member of the body;
ii
in any other case, to a member of the governing body.
Penalties
21
1
A person guilty of an offence under article 10, 11, 12, 13, 14 or 16 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine or to both;
b
on summary conviction —
i
in England, Wales and Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;
ii
in Scotland to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum or to both.
2
A person guilty of an offence under article 8 or 17 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction —
i
in England, Wales and Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;
ii
in Scotland to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum or to both.
3
A person guilty of an offence under article 18(3) or paragraph 7 of the Schedule is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or both.
Proceedings
22
1
Proceedings against any person for an offence may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
2
In England and Wales, summary proceedings for an offence may be tried by a magistrates’ court if any information is laid —
a
before the end of twelve months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor’s knowledge, but
b
not later than three years from the commission of the offence.
3
In Scotland —
a
summary proceedings for an offence may be commenced —
i
before the end of twelve months from the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to the Lord Advocate’s knowledge, but
ii
not later than three years from the commission of the offence; and
b
section 136(3) of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.
4
In Northern Ireland, summary proceedings for an offence may be instituted —
a
before the end of twelve months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor’s knowledge, but
b
not later than three years from the commission of the offence.
5
For the purposes of this article —
a
a certificate signed by or on behalf of the prosecutor or the Lord Advocate as to the date on which such evidence as is referred to in paragraphs (2) to (4) came to the prosecutor’s or the Lord Advocate’s knowledge is conclusive evidence of that fact, and
b
a certificate purporting to be so signed is presumed to be so signed unless the contrary is proved.
6
In Scotland, where a constable reasonably believes that a person has committed or is committing an offence, the constable may arrest that person without a warrant.
7
No proceedings for an offence, other than for a summary offence, may be instituted in England, Wales or Northern Ireland except with the consent of the Attorney General or, as the case may be, the Advocate General for Northern Ireland.
8
Whether or not such consent has been given, paragraph (7) does not prevent —
a
the arrest of any person in respect of an offence, or
b
the remand in custody or on bail of any person charged with an offence.
9
Until the coming into force of section 27 of the Justice (Northern Ireland) Act 2002 , the reference in paragraph (7) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.
10
In this article, “offence” means an offence under this Order.
Notices
23
1
This article has effect in relation to any notice to be given to a person by the Treasury under article 6(1)(a), 7(a) or 17(4)(a).
2
Any such notice may be given —
a
by posting it to the person’s last known address; or
b
where the person is a body corporate which has its registered or principal office in the United Kingdom, by posting it to that office.
3
Where the Treasury do not have an address in the United Kingdom for the person, they must make arrangements for the notice to be given to the person at the first available opportunity.
Postponement etc. of the operation of the Security Council Resolutions
24
1
If the Security Council of the United Nations takes any decision which has the effect of postponing, suspending or cancelling the operation of the Security Council Resolutions, in whole or in part, this Order shall cease to have effect or its operation shall be postponed or suspended, in whole or in part as the case may be, in accordance with that decision.
2
The Secretary of State must publish particulars of the decision in a notice in the London, Edinburgh and Belfast Gazettes.
The Crown
25
1
This Order binds the Crown, subject to the following provisions of this article.
2
No contravention by the Crown of a provision of this Order makes the Crown criminally liable; but the High Court or in Scotland the Court of Session may, on the application of a person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.
3
Nothing in this article affects Her Majesty in her private capacity; and this is to be construed as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in this Order.
Transitional, revocation and saving provision
26
1
Subject to paragraphs (2), (3) and (4), the 2006 Order is revoked.
2
Where a direction made by the Treasury under article 4 of the 2006 Order had effect immediately before the coming into force of this Order, the 2006 Order continues to apply for the purposes of that direction as if it had not been revoked by paragraph (1).
3
Where a direction made by the Treasury under the Terrorism (United Nations Measures) Order 2001 had effect immediately before the coming into force of this Order by virtue of article 20(2) of the 2006 Order, the 2001 Order continues to apply for the purpose of that direction as if it had not been revoked by the 2006 Order.
4
A direction to which paragraph (2) or (3) applies ceases to have effect on 31st August 2010 unless revoked by the Treasury before that date.
Judith Simpson
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Goods Vehicles (Authorisation of International Journeys) (Fees) (Amendment) Regulations 2009 and shall come into force on 3rd May 2009.
2
In these Regulations the “ principal Regulations ” means the Goods Vehicles (Authorisation of International Journeys) (Fees) Regulations 2001 .
Amendments
2
In regulation 2 of the principal Regulations, the definitions of “Ecopoints”, “empty permit”, “full-weight permit” and “Swiss permit” are omitted.
3
Regulation 3 of the principal Regulations is amended as follows —
a
In paragraph (1) (a), for “£127” substitute “£133”;
b
In paragraph (1) (b), for “£32” substitute “£34”;
c
Paragraph (2) is omitted;
d
In paragraph (3) (b), for “£13” substitute “£14”;
e
In paragraph (3) (c), for “£48” substitute “£50”;
f
In paragraph (4), for “£17” substitute “£18”; and
g
Paragraph (5) is omitted.
4
The Schedule to the principal Regulations is amended as follows —
a
The words “Arrangement dated 24th November 1975 between the Secretary of State for the Environment in Her Majesty’s Government and the Federal Minister of the Republic of Austria on the carriage of goods by road” in column 1 are omitted;
b
The words “Clauses 3 and 5” in the first line of column 2 are omitted;
c
The words “Agreement dated 16th August 1995 between Her Majesty’s Government and the Government of the Republic of Estonia on International Road Transport” in column 1 are omitted;
d
The words “Articles 4 and 5” in the third line of column 2 are omitted;
e
The words “Agreement by exchange of letters dated 8th September 1993 between the Department of Transport of the United Kingdom of Great Britain and Northern Ireland and the Ministry of Transport of Germany” are omitted;
f
The word “Whole” in the fourth line of column 2 is omitted;
g
The words “Agreement dated 12th June 1969 between Her Majesty’s Government and the Government of the Socialist Republic of Romania on International Road Transport.” are omitted; and
h
The words “Article 8” in the sixth line of column 2 are omitted.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under-Secretary of State
Department for Transport
2nd April 2009
We consent to the making of these Regulations
Bob Blizzard
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 2009


text:
Citation and commencement
1
These Regulations may be cited as the Carbon Accounting (Amendment) Regulations 2009 and come into force on 1st January 2010.
Amendment of the Carbon Accounting Regulations 2009
2
1
The following amendments are made to regulation 6 (crediting and debiting of carbon units as a result of the operation of the EU ETS during the 2008-2012 budgetary period) of the Carbon Accounting Regulations 2009 .
2
In paragraphs (3), (4), (5) and (6) for “245,991,207” substitute “the annual allocation”.
3
After paragraph (6) insert —
7
For the purposes of regulation 6 “the annual allocation” means —
a
245,991,207 carbon units in respect of 2008;
b
245,294,083 carbon units in respect of 2009 and 2010;
c
245,294,084 carbon units in respect of 2011 and 2012.
.
Joan Ruddock
Minister of State
Department of Energy and Climate Change
1st December 2009


text:
Title, application and commencement
1
These Regulations may be cited as the Food Additives (England) Regulations 2009, apply in relation to England only and come into force on 20th January 2010.
Interpretation
2
1
In these Regulations —
“acid” means any substance which increases the acidity of a food and/or imparts a sour taste to it;
“acidity regulator” means any substance which alters or controls the acidity or alkalinity of a food;
“ the Act ” means the Food Safety Act 1990;
“anti-caking agent” means any substance which reduces the tendency of individual particles of a food to adhere to each other;
“anti-foaming agent” means any substance which prevents or reduces foaming;
“antioxidant” means any substance which prolongs the shelf-life of a food by protecting it against deterioration caused by oxidation, including fat rancidity and colour changes;
“bulking agent” means any substance which contributes to the volume of a food without contributing significantly to its available energy value;
“carrier” and “carrier solvent” have the meanings respectively given to them in Directive 95/2;
“colour” has the meaning given to it in Directive 94/36;
“Directive 88/388” means Council Directive 88/388/ EEC on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production ;
“Directive 94/35” means European Parliament and Council Directive 94/35/EC on sweeteners for use in foodstuffs ;
“Directive 94/36” means European Parliament and Council Directive 94/36/EC on colours for use in foodstuffs ;
“Directive 95/2” means European Parliament and Council Directive 95/2/EC on food additives other than colours and sweeteners ;
“Directive 08/60” means Commission Directive 2008/60/EC laying down specific purity criteria concerning sweeteners for use in foodstuffs ;
“Directive 08/84” means Commission Directive 2008/84/EC laying down specific purity criteria on food additives other than colours and sweeteners ;
“Directive 08/128” means Commission Directive 2008/128/EC laying down specific purity criteria concerning colours for use in foodstuffs ;
“Directive 09/39” means Directive 2009/39/EC of the European Parliament and of the Council on foodstuffs for particular nutritional uses (recast) ;
“emulsifier” means any substance which makes it possible to form or maintain a homogenous mixture of two or more immiscible phases, such as oil and water, in a food;
“emulsifying salt” means any substance which converts proteins contained in cheese into a dispersed form, thereby bringing about homogenous distribution of fat and other components;
“firming agent” means any substance which makes or keeps tissues of fruit or vegetables firm or crisp or which interacts with a gelling agent to produce or strengthen a gel;
“flavour enhancer” means any substance which enhances the existing taste and/or odour of a food;
“flavouring” has the meaning that it bears in Article 1.2 of Directive 88/388;
“flour treatment agent” means a substance added to flour or dough to improve its baking quality, but does not include any emulsifier;
“foaming agent” means any substance which makes it possible to form a homogenous dispersion of a gaseous phase in a liquid or solid food;
“food” means food sold, or intended for sale, for human consumption and, for the purposes of regulation 16 and in regulation 17, includes a colour, a sweetener and a food additive;
“food additive” —
subject to paragraphs (b) and (c), means any substance, whether or not it has nutritive value, that is not normally consumed as a food in itself or used as a characteristic ingredient of food, and which, if added intentionally for a technological purpose to food in its manufacture, processing, preparation, treatment, packaging, transport or storage, results, or may reasonably be expected to result, in the substance or its by-products becoming directly or indirectly a component the food concerned;
in the definition of “food” and for the purposes of regulations 8 to 10, 16 and 17, includes a carrier or carrier solvent; and
for the purposes of regulations 8 to 10, does not include —
any substance used for the treatment of drinking water as provided for in Council Directive 98/83/EC on the quality of water intended for human consumption ,
any product containing pectin and derived from dried apple pomace or peel of citrus fruit, or from a mixture of both, by the action of dilute acid followed by partial neutralisation with sodium or potassium salts (liquid pectin),
chewing gum bases,
white or yellow dextrin, roasted or dextrinated starch, starch modified by acid or alkali treatment, bleached starch, physically modified starch and starch treated by amylolitic enzymes,
ammonium chloride,
blood plasma, edible gelatine, protein hydrolysates and their salts, milk protein and gluten,
amino acids and their salts (other than glumatic acid, glycine, cysteine and cystine and their salts) having no additive function,
caseinates and casein, and
inulin;
“food authority”, subject to paragraph (3), has the meaning that it bears by virtue of section 5(1) of the Act, except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple);
“food for infants or young children” means food covered by Article 1.1, 2 and 3(c) of Directive 09/39, but also includes any food for infants or young children who are not in good health;
“gelling agent” means any substance which gives a food texture through the formation of a gel;
“glazing agent” means any substance which, when applied to the external surface of a food, imparts a shiny appearance or provides a protective coating, and includes lubricants;
“humectant” means any substance which prevents a food from drying out by counteracting the effect of an atmosphere having a low degree of humidity, or which promotes the dissolution of a powder in an aqueous medium;
“infants” means children under the age of one year;
“miscellaneous additive” means any food additive which is used or intended to be used primarily as an acid, acidity regulator, anti-caking agent, anti-foaming agent, antioxidant, bulking agent, carrier, carrier solvent, emulsifier, emulsifying salt, firming agent, flavour enhancer, flour treatment agent, foaming agent, gelling agent, glazing agent, humectant, modified starch, packaging gas, preservative, propellant, raising agent, sequestrant, stabiliser or thickener, but does not include any processing aid or any enzyme except invertase or lysozyme;
“modified starch” means any substance obtained by one or more chemical treatments of edible starch, which may have undergone a physical or enzymatic treatment, and may be acid or alkali thinned or bleached;
“packaging gas” means any gas, other than air, which is introduced into a container before, during or after the placing of a food in that container;
“permitted colour” means any colour listed in Annex I to Directive 94/36 which satisfies the specific purity criteria for that colour set out in the Annex to Directive 08/128;
“permitted miscellaneous additive” means any miscellaneous additive listed in Annex I, III , IV or V of Directive 95/2 which satisfies the purity criteria (if any) for that additive;
“permitted sweetener” means any sweetener specified in the second column of the Annex to Directive 94/35 which satisfies the specific purity criteria for that sweetener set out in the Annex to Directive 08/60;
“placing on the market” has the meaning given to it in Article 3.8 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety;
“preservative” means any substance which prolongs the shelf-life of a food by protecting it against deterioration caused by micro-organisms;
“processing aid” means any substance not consumed as a food by itself, which is intentionally used in the processing of raw materials, foods or their ingredients to fulfil a certain technological purpose during treatment or processing and which may result in the unintentional but technically unavoidable presence of residues of the substance or its derivatives in the final product, but only if those residues do not present any health risk and do not have any technological effect on the finished product;
“propellant” means any gas, other than air, which expels a food from a container;
“purity criteria”, in relation to a miscellaneous additive, means the purity criteria set out in relation to that additive in Annex I to Directive 08/84/EC ;
“raising agent” means any substance or combination of substances which liberates gas and thereby increases the volume of a dough or a batter;
“Regulation 1333/2008” means Regulation (EC) No.1333/2008 of the European Parliament and of the Council on food additives ;
“relevant food additive” means any miscellaneous additive, colour or sweetener, or an enzyme which is not acting as a processing aid;
“sell” includes possess for sale, and offer, expose or advertise for sale, and “sale” and “sold” shall be construed accordingly;
“sequestrant” means any substance which forms a chemical complex with metallic ions;
“specified permitted colour” means any permitted colour other than —
E123 Amaranth;
E127 Erythrosine;
E128 Red 2G;
E154 Brown FK;
E160b Annatto, bixin, norbixin;
E161g Canthaxanthin;
E173 Aluminium; and
E180 Litholrubine BK;
“specified Regulation 1333/2008 provision” means any provision of Regulation 1333/2008 that is specified in the first column of the Schedule and whose subject-matter is described in the second column of the Schedule;
“stabiliser” has the meaning given to it in Directive 95/2;
“sweetener” means any food additive which is used or intended to be used —
to impart a sweet taste to food; or
as a table-top sweetener;
“thickener” means any substance which increases the viscosity of a food; and
“young children” means children aged between one and three years.
2
Other expressions used in these Regulations and in Directive 94/35, 94/36 or 95/2 have, in so far as the context admits, the same meaning as they bear in the Directive concerned.
3
Where any functions under the Act are assigned —
a
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 , to a port health authority;
b
by an order under section 6 of the Public Health Act 1936 , to a joint board for a united district; or
c
by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985 , to a single authority for a metropolitan county,
any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.
4
Any reference in these Regulations to —
a
a maximum level of permitted colour in or on a food is a reference to the maximum amount, in milligrams, of colouring principle contained in that permitted colour per kilogram or, as the case may be, per litre, of food which is ready to eat and which has been prepared according to any instructions for use;
b
a maximum level of permitted miscellaneous additive in or on a food, or in respect of a food additive, is a reference to the maximum level of that permitted miscellaneous additive in or on the food, or in respect of the food additive, as sold, unless otherwise indicated; or
c
quantum satis, means, in relation to the use of permitted colours or permitted miscellaneous additives in or on food, that no maximum level of permitted colour or permitted miscellaneous additive has been laid down for use in or on certain food but that a permitted colour or, permitted miscellaneous additive may be used in or on the food in accordance with good manufacturing practice at a level not higher than is necessary to achieve the intended purpose and only if such use does not mislead the consumer.
5
Any reference in these Regulations to an Annex to an EU instrument that is specified in paragraph (6) is a reference to that Annex as amended from time to time,
6
The EU instruments are Directive 94/35, Directive 95/2 and Regulation 1333/2008.
Use of colours in or on food
3
1
No person shall use in or on any food any colour other than a permitted colour.
2
No person shall use any permitted colour in or on any food listed in Annex II to Directive 94/36 except in accordance with paragraph (3)(a).
3
Subject to paragraph (4) and to regulations 4 and 5, no person shall use any permitted colour in or on any food unless —
a
the food is one listed —
i
in the first column of Annex III to Directive 94/36, in which case there may be used in or on such food any permitted colour which is listed in relation to it in the second column of that Annex in an amount not exceeding the maximum level for such permitted colour in or on such food as listed in the third column of that Annex,
ii
in the second column of Annex IV to Directive 94/36, in which case there may be used in or on such food any permitted colour which is listed in relation to it in the first column of that Annex in an amount not exceeding the maximum level for such permitted colour in or on such food as listed in the third column of that Annex; or
iii
in the first column of the Table in Part 2 of Annex V to Directive 94/36, in which case there may be used in or on such food any permitted colour which is listed in Parts I or 2 of that Annex in accordance with the conditions contained in that Annex governing the use of such colour in or on such food; or
b
the food is listed neither in Annex II to Directive 94/36 nor in the first column of Annex III to that Directive, in which case there may be used in or on such food any one or more of the permitted colours listed in Part I of Annex V to that Directive up to an amount (in each case) of quantum satis.
4
No person shall use any permitted colour listed in the first column of Annex IV to Directive 94/36 in or on any food other than the food or foods listed in relation to that permitted colour in the second column of that Annex.
Health marking etc. of certain meat and meat products
4
No person shall use any colour for the purpose of the health marking required by Article 5.1(a) of Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin or any other marking required on any meat product, other than the permitted colours —
a
E155 Brown HT;
b
E133 Brilliant Blue FCF;
c
E129 Allura Red AC; or
d
an appropriate mixture of (b) and (c).
Use of colours on eggshells
5
No person shall use any colour for —
a
the decorative colouring of eggshells, or
b
the marking of eggshells (as provided for in Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) ),
other than a permitted colour.
Sale of colours and food containing colours
6
1
No person shall sell any colour for use in or on food unless such colour is a permitted colour.
2
No person shall sell direct to the consumer any colour other than a specified permitted colour.
3
No person shall sell any food having in or on it any added colour other than a permitted colour that has been used in or on that food without contravening any of the provisions of regulation 3, 4 or 5.
Transitional provision
7
In any proceedings for an offence consisting of a contravention of regulation 3, 4, 5 or 6, it shall be a defence to prove that —
a
the colour or food which is the subject of the proceedings was placed on the market or labelled before 1st April 2005; and
b
the matter constituting the offence would not have constituted an offence under the Colours in Food Regulations 1995 as they stood immediately before the coming into force of the Colours in Food (Amendment)(England) Regulations 2005 .
Use of miscellaneous additives
8
1
No person shall use in or on any food any miscellaneous additive other than a permitted miscellaneous additive.
2
Subject to the first paragraph of note 3 to Annex I to Directive 95/2, no person shall use any permitted miscellaneous additive listed in that Annex in or on any food which is listed in Article 2.3(a) of that Directive but not in the first column of Annex II to that Directive.
3
Subject to the first paragraph of note 3 to Annex I to Directive 95/2, no person shall use any permitted miscellaneous additive listed in that Annex in or on any food which is listed in the first column of Annex II to that Directive, except a permitted miscellaneous additive which is listed, or referred to, in relation to that food in the second column of that Annex in an amount not exceeding the maximum level (if any) for such additive in or on such food as listed in the third column of that Annex.
4
No person shall use any permitted miscellaneous additive listed in Annex I to Directive 95/2 in or on any food which is listed neither in Article 2.3(a) of that Directive nor in the first column of Annex II to that Directive and is not food for infants or young children, in an amount higher than quantum satis or otherwise than in compliance with note 2 to and the second paragraph of note 3 to Annex I to that Directive.
5
No person shall use any permitted miscellaneous additive listed in Annex III or IV to Directive 95/2 in or on any food which is not food for infants or young children, other than a food which is listed in either of those Annexes in relation to that additive and in accordance with the provisions contained in those Annexes governing the use of such additive in or on such food.
6
No person shall use any miscellaneous additive primarily as a carrier or carrier solvent unless that additive is a permitted miscellaneous additive listed in Annex V to Directive 95/2 and its use complies with the restrictions (if any) mentioned in relation to that additive in the third column of that Annex.
7
Subject to the first paragraph of note 3 to Annex I to Directive 95/2, no person shall use any permitted miscellaneous additive in or on any food for infants or young children unless that additive is listed in Annex VI to Directive 95/2, in which case it may be used only in accordance with the conditions contained in that Annex.
8
No person shall use in or on any food for infants or young children any relevant food additive in combination with a miscellaneous additive which has been used primarily as a carrier or carrier solvent unless that miscellaneous additive is listed in Annex VI to Directive 95/2 and its presence in or on the food is in accordance with the conditions contained in that Annex.
Sale of food additives and food containing miscellaneous additives
9
1
No person shall sell any miscellaneous additive for use in or on food unless that additive is a permitted miscellaneous additive.
2
No person shall sell any miscellaneous additive for use primarily as a carrier or carrier solvent unless that additive is a permitted miscellaneous additive listed in Annex V to Directive 95/2.
3
No person shall sell direct to the consumer any miscellaneous additive other than a permitted miscellaneous additive.
4
No person shall sell any food having in it or on it any miscellaneous additive unless it is a permitted miscellaneous additive which has been used, or is present, in or on that food without contravening any of the provisions of regulation 8(1), (2), (3), (4), (5), (7) or (8).
5
No person shall sell any relevant food additive in combination with a miscellaneous additive which has been used primarily as a carrier or carrier solvent unless that miscellaneous additive has been used in respect of that relevant food additive without contravening the provisions of regulation 8(6).
Transitional provisions and exemption
10
1
In any proceedings for an offence consisting of a contravention of regulation 8(1) where it is alleged that a miscellaneous additive failed to satisfy the purity criteria for that additive, it shall be a defence for the accused to show —
a
that the miscellaneous additive concerned is E431-E436 or polyethylene glycol 6000 and that the miscellaneous additive concerned or any food in or on which it was used was placed on the market or labelled before 1st November 2004; or
b
that the miscellaneous additive concerned is E407, E407A, E1517 or E1519 and that the miscellaneous additive concerned or any food in or on which it was used was placed on the market or labelled before 1st April 2005,
and that the matter constituting the offence would not have constituted an offence under the Miscellaneous Food Additives Regulations 1995 had the amendments made to them by regulation 3 of the Miscellaneous Food Additives (Amendment) (England) Regulations 2004 not been in force when that matter occurred.
2
In any proceedings for an offence consisting of a contravention of regulation 8 or 9 in respect of any food additive, food or flavouring, it shall be a defence to prove that —
a
the food additive, food or flavouring concerned was placed on the market or labelled before 27th January 2006; and
b
the matter constituting the offence would not have constituted an offence under the Miscellaneous Food Additives Regulations 1995 had the amendments made to them by regulations 3 to 6, 7(b), 8(a) and (b), 9(a), 10 and 11(a) to (c), (e) to (i) and (k) to (l) of the Miscellaneous Food Additives (Amendment) (England) Regulations 2005 not been in force when the food additive, food or flavouring was placed on the market or labelled.
3
In any proceedings for an offence consisting of a contravention of regulation 8 or 9 in respect of any food additive or food, it shall be a defence to prove that —
a
the food additive or food concerned was placed on the market or labelled before 15th August 2008; and
b
the matter constituting the offence would not have constituted an offence under the Miscellaneous Food Additives Regulations 1995 had the amendments made to them by regulations 5(a), 6(a), (b) and (d), and 8 of the Miscellaneous Food Additives and the Sweeteners in Food (Amendment) (England) Regulations 2007 not been in force when the food additive or food was placed on the market or labelled.
Placing on the market and use of sweeteners
11
1
No person shall place on the market any sweetener which is intended —
a
for sale to the ultimate consumer; or
b
for use in or on any food,
other than a permitted sweetener.
2
No person shall use any sweetener in or on any food except a permitted sweetener that —
a
is used in or on any food that is listed in the third column of the Annex to Directive 94/35 in an amount not exceeding the maximum usable dose for that sweetener that is listed in relation to that food in the fourth column of that Annex; and
b
is listed in relation to that food in the second column of that Annex.
Sale of food containing sweeteners
12
No person shall sell any food having in or on it any sweetener other than a permitted sweetener which has been used in or on that food without contravening paragraph (2) of regulation 11.
Transitional provision
13
In any proceedings for an offence consisting of a contravention of regulation 11 or 12, it shall be a defence to prove that —
a
the act constituting the offence was committed before 29th January 2006;
b
the act constituting the offence was that of —
i
selling a sweetener or food, or
ii
using a sweetener in or on food,
which in either case was placed on the market before 29th July 2005; and
c
the act constituting the offence would not have constituted an offence under the Sweeteners in Food Regulations 1995 had the amendments made by regulations 3(1)(a) and (c) and (2) and 4, 5, 6 and 7 of the Sweeteners in Food (Amendment) (England) Regulations 2004 not been in force when the act occurred.
Offences and penalties
14
1
A person who contravenes or fails to comply with any provision of regulation 3, 4, 5, 6, 8, 9, 11 or 12 is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Subject to the transitional provisions contained in Article 34 of Regulation 1333/2008, a person who contravenes or fails to comply with —
a
any specified Regulation 1333/2008 provision;
b
before 1st January 2011, Article 4.2 (as read with Articles 12, 13.2, 18.3 and 35) of Regulation 1333/2008 (requirement to use, in food additives, food enzymes or food flavourings, only food additives included in Part 1 or 4 of Annex III to that Regulation and to use them in accordance with any conditions specified in that Annex);
c
on or after 1st January 2011, Article 4.2 (as read with Articles 12, 13.2, 18.3 and 35) of Regulation 1333/2008 (requirement to use, in food additives, food enzymes or food flavourings, only food additives included in Annex III to that Regulation and to use them in accordance with any conditions specified in that Annex);
d
on or after 20th January 2011, Article 23.4 of Regulation 1333/2008 (requirement that manufacturers of table-top sweeteners make available by appropriate means the information necessary to allow their safe use by consumers); or
e
on or after 20th July 2010, Article 24.1 (as read with Article 24.2 and the third paragraph of Article 31) of Regulation 1333/2008 (requirement that the labelling of food containing the food colours listed in Annex V to that Regulation include the additional information set out in that Annex),
is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Execution and enforcement
15
Each food authority shall execute and enforce within its area these Regulations and Regulation 1333/2008.
Application of various sections of the Food Safety Act 1990
16
1
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations —
a
section 2 (extended meaning of sale etc.);
b
section 20 (offences due to fault of another person);
c
section 21 (defence of due diligence) with the modification that —
i
subsections (2) to (4) shall apply in relation to an offence under these Regulations as they apply in relation to an offence under section 14 or 15, and
ii
in subsection (4)(b) the references to “sale” are deemed to include references to “placing on the market”;
d
section 22 (defence of publication in the course of business);
e
section 30(8) (which relates to documentary evidence);
f
section 35(1) (punishment of offences) , in so far as it relates to offences under section 33(1) as applied by paragraph (3)(b);
g
section 35(2) and (3) , in so far as it relates to offences under 33(2) as applied by paragraph (3)(c);
h
section 36 (offences by bodies corporate); and
i
section 36A (offences by Scottish partnerships) .
2
In the application of section 32 of the Act (powers of entry) for the purposes of these Regulations, the references in subsection (1) to the Act are to be construed as including references to Regulation 1333/2008.
3
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act is to be construed as including a reference to Regulation 1333/2008 and these Regulations —
a
section 3 (presumption that food is intended for human consumption) with the modification that the references to “sold” and “sale” are deemed to include references to “placed on the market” and “placing on the market” respectively;
b
section 33(1) (obstruction etc. of officers);
c
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” is deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (b); and
d
section 44 (protection of officers acting in good faith).
4
Section 34 of the Act (time limit for prosecutions) shall apply to offences under these Regulation as it applies to offences punishable under section 35(2) of the Act.
Condemnation of food
17
Where any food is certified by a food analyst as being food which it is an offence under these Regulations to use, sell or place on the market, that food shall be treated for the purposes of section 9 of the Act (under which food may be seized and destroyed under an order of a justice of the peace) as failing to comply with food safety requirements.
Consequential amendments
18
1
In the Mineral Hydrocarbons in Food Regulations 1966 in regulation 3 (exemptions), for sub-paragraph (d) of paragraph (1), in so far as that provision applies to England, there is substituted the following sub-paragraph —
d
any food containing mineral hydrocarbon that is used in the food as a miscellaneous additive as defined in the Food Additives (England) Regulations 2009 in compliance with the provisions of those Regulations.
.
2
In the Fruit Juices and Fruit Nectars (England) Regulations 2003 , for paragraph 6 of Schedule 3 (additional ingredients permitted in particular designated products) there is substituted the following paragraph —
6
In any designated product, any substance permitted pursuant to Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives may be added.
.
3
In the Condensed Milk and Dried Milk (England) Regulations 2003 , for paragraph (a) of Note 1 to Schedule 1 (partly or wholly dehydrated preserved milk products and their reserved descriptions) there is substituted the following note —
a
Any designated product may contain —
i
any substance permitted pursuant to Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives, and
ii
vitamins and minerals in accordance with the requirements of Regulation (EC) No. 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods .
4
In the Meat Products (England) Regulations 2003 , for the Note to Schedule 3 (added ingredients which are not required to be indicated in the name of the food in the case of a meat product to which regulation 5 applies) there is substituted the following Note —
For the purposes of item 1 of this Schedule, “additive” means any substance permitted for use in food pursuant to Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives or Regulation (EC) No. 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No. 1601/91 , Regulations (EC) No. 2232/96 and (EC) No. 110/2008 and Directive 2000/13/EC .
.
5
In the Jam and Similar Products (England) Regulations 2003 —
a
in paragraph (1) of regulation 2 (interpretation) for the definition of “permitted sweetener” there is substituted the following definition —
“permitted sweetener” means any sweetener in so far as its use is permitted in specified jam or similar product by the Food Additives (England) Regulations 2009;
; and
b
in Schedule 2 (permitted additional ingredients and authorised treatments for products described in items 1 to 7 of Schedule 1), for sub-paragraph (m) of paragraph (1) there is substituted the following sub-paragraph —
m
any substance permitted pursuant to Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives.
.
Amendment of the Specified Sugar Products (England) Regulations 2003
19
In the Specified Sugar Products (England) Regulations 2003 , for Note 7 to Schedule 1 (specified sugar products and their reserved descriptions) there is substituted the following note —
7
Specified sugar products may contain any substance permitted pursuant to Directive 2009/32/EC of the European Parliament and of the Council on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (Recast) or Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives.
.
Revocations
20
The following Regulations are revoked in so far as they apply to England —
a
the Food Additives Labelling Regulations 1992 ;
b
the Sweeteners in Food Regulations 1995;
c
the Colours in Food Regulations 1995; and
d
the Miscellaneous Food Additives Regulations 1995.
Signed by authority of the Secretary of State for Health
Gillian Merron
Minister of State,
Department of Health
7th December 2009


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 2009 and come into force on 20th April 2009.
Fee changes
2
1
Regulation 20 of the Motor Vehicles (Tests) Regulations 1981 are amended as follows.
2
In the regulations specified in column (1) of the Table, for each amount specified in column (2) substitute the amount specified in column (3).
Table
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
20(1)(e)(i) 84 113 20(1)(e)(ii) 59 86 20(1)(ea)(i) 84 113 20(1)(ea)(ii) 59 86 20(2A) 48 52 35 38 20(2B) 12 7 20(7) 11 12
3
In the Table in paragraph (4), for each amount specified in the column numbered (1) in the Table below in relation to each type of fee, substitute the amount specified in the column numbered (2).
Table
Normal Fee(£) Out of hours Fee(£) Designated Premises Fee(£) Out of Hours at Designated Premises Fee (£) (1)
Existing Amount
(2)
Substituted
Amount
(1)
Existing Amount
(2)
Substituted
Amount
(1)
Existing Amount
(2)
Substituted
Amount
(1)
Existing Amount
(2)
Substituted Amount
55 60 78 85 63 64 86 89 84 113 132 165 96 120 144 172 38 41 55 60 46 45 63 64 59 86 94 124 71 93 106 131
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
25th March 2009