type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Landfill Tax (Material from Contaminated Land) (Phasing out of Exemption) Order 2008.
2
This Order comes into force —
a
for the purposes of this article and article 2, on 15th November 2008;
b
for the purposes of article 3, on 1st December 2008; and
c
for the purposes of article 4, on 1st April 2012.
2
1
In section 43B(1)(b) of the Finance Act 1996 (application for contaminated land certificate: power to direct applicant to provide information) , insert at the end “, within such time as they may direct;”.
2
The amendment made by paragraph (1) applies in relation to applications made before 15th November 2008 (as well as those made on or after that date).
3
1
In the Finance Act 1996 —
a
omit section 43B(1) to (3) (contaminated land: certificates: application, refusal and conditions);
b
in section 54(1)(ba) (review of Commissioners’ decisions) for “refuse an application for a certificate under section 43B above, or to withdraw such a certificate;” substitute “withdraw a certificate under section 43B above;”, and
c
omit section 54(1)(bb) .
2
The amendments made by paragraph (1) do not have effect until 1st April 2012 in relation to applications made before 1st December 2008.
4
In the Finance Act 1996, omit —
a
section 43A (contaminated land) ,
b
section 43B(4) to (12) (contaminated land: certificates), and
c
section 54(1)(ba) (review of decision to withdraw certificate).
Steve McCabe
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
8th October 2008


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Registered Pension Schemes (Transfer of Sums and Assets) (Amendment) Regulations 2008 and shall come into force on 1st November 2008.
2
These Regulations have effect in relation to surrenders of and agreements to surrender rights to payments under lifetime annuities or dependants’ annuities made on or after 10th October 2007.
3
Expressions used in paragraph (2) shall be construed in accordance with section 172A of the Finance Act 2004 .
Amendment of the Registered Pension Schemes (Transfer of Sums and Assets) Regulations 2006
2
1
The Registered Pension Schemes (Transfer of Sums and Assets) Regulations 2006 are amended as follows.
2
In regulation 6, before the first entry in table 2, insert —
Section 172A (surrender) To determine for the purposes of section 172A(1) and (2) whether a surrender of (or agreement to surrender) rights to payments under a lifetime annuity has occurred.
3
For regulation 10 substitute —
Dependants’ annuity - unauthorised payments
10
1
In any case within paragraph 17(3) of Schedule 28 (transfer of sums or assets on cessation of dependants’ annuity) where a new dependants’ annuity becomes payable, the new dependants’ annuity is to be treated as if it were the original dependants’ annuity for the purposes of Part 4 prescribed in table 2A to the extent that the amount of the sums and the value of the assets applied to purchase the new dependants’ annuity are equal to the amount of the sums and the value of the assets transferred.
2
In any other case within paragraph 17(3), except where a new dependants’ annuity becomes payable, the relevant registered pension scheme is to be treated as making an unauthorised payment in respect of the member of an amount equal to the aggregate of the amount of the sums and the market value of the assets transferred.
Table 2A
Provision Purpose
Section 172A (surrender) To determine for the purposes of section 172A(1) and (2) whether a surrender of (or agreement to surrender) rights to payments under a dependants’ annuity has occurred.
Dave Hartnett
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
22nd July 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Wireless Telegraphy (Licence Charges) (Amendment) (No. 2) Regulations 2008 and shall come into force on 29th August 2008.
2
In these Regulations “the principal Regulations ” means the Wireless Telegraphy (Licence Charges) Regulations 2005 .
Amendment of the Wireless Telegraphy (Licence Charges) Regulations 2005
2
The principal Regulations shall be amended in accordance with the following provisions of these Regulations.
Amendment of regulation 3
3
In regulation 3 (interpretation) in paragraph (1) —
a
after the definition of “earth station” insert the following definition —
“exclusive basis” means authorised use of a channel which is not shared with any other licensee;
;
b
after the definition of “fixed mobile station” insert the following definitions —
“high population area” means such part of the British Islands being an area listed in Schedule 9 and identified by reference to a grid square of the 2 nd series of Landranger maps published by the Ordnance Survey which is considered by OFCOM to have a high proportion of the population;
“high usage bands” mean any of UHF Band I, UHF Band II and the VHF High Band;
;
c
after the definition of “hub” insert the following definition —
large coverage area” means an area within which wireless telegraphy is authorised under a licence condition permitting —
a
effective radiated power of transmission greater than 5 Watts where antenna height is greater than 10 metres;
b
effective radiated power of transmission less than or equal to 5 Watts where antenna height is greater than 30 metres; or
c
transmission within a circular area which has a radius greater than 15 kilometres but less than or equal to 30 kilometres;
;
d
after the definition of “licensee” insert the following definitions —
“low population area” means such part of the British Islands being an area listed in Schedule 9 and identified by reference to a grid square of the 2 nd series of Landranger maps published by the Ordnance Survey which is considered by OFCOM to have a low proportion of the population;
“low usage bands” mean the 133 kHz – 147 kHz band, the 26.225 MHz band, the 49.49375 MHz band, VHF Band I and VHF Low Band;
“medium coverage area” means an area within which wireless telegraphy is authorised under a licence condition permitting —
a
effective radiated power of transmission less than or equal to 5 Watts where antenna height is greater than 10 metres and less than or equal to 30 metres;
b
effective radiated power of transmission greater than 5 Watts where antenna height is less than or equal to 10 metres; or
c
transmission within a circular area which has a radius greater than 3 kilometres but less than or equal to 15 kilometres;
“medium population area” means such part of the British Islands being an area listed in Schedule 9 and identified by reference to a grid square of the 2 nd series of Landranger maps published by the Ordnance Survey which is considered by OFCOM to have a medium proportion of the population;
“medium usage bands” mean VHF Band III and the VHF Mid Band;
;
e
after the definition of “prescribed time” insert the following definition —
“shared basis” means authorised use of a channel which is shared with another licensee;
f
after the definition of “slot” insert the following definition —
“small coverage area” means an area within which wireless telegraphy is authorised under a licence condition permitting —
a
effective radiated power of transmissions less than or equal to 5 Watts where antenna height is less than or equal to 10 metres; or
b
transmission within a circular area which is less than or equal to 3 kilometres;
; and
g
after the definition of “UHF Band II” insert the following definitions —
“VHF Band I” means that part of the radio frequency spectrum between 55.75 MHz and 68.0 MHz;
“VHF Band III” means that part of the radio frequency spectrum between 177.20625 MHz and 207.49375 MHz;
.
Amendment of Schedule 2
4
1
Schedule 2 (licence charges and payment intervals) shall be amended in accordance with the following paragraphs of this regulation.
2
Under the heading “Business Radio” —
a
in relation to the licence class “Business Radio (Standard)” omit all of the entries in Columns 1 to 4;
b
after the licence class “Business Radio (Remote Meter Reading Operator)” insert the following entries —
Business Radio (Simple UK ) £75 60 months Business Radio (Suppliers Light) £75 60 months Business Radio (Simple Site) £75 60 months Business Radio (Area Defined) For each authorisation under a licence of use of a 6.25 kHz channel for one of the areas set out in Column 1 of Schedule 10 in a high usage band, medium usage band or low usage band, the appropriate sum payable for that area and for that band which is indicated in Column 2, 3, or 4 of Schedule 10, provided that where the total sum payable in respect of a licence is less than £75 then the sum payable is £75. 12 months Business Radio (Technically Assigned) For each authorisation under a licence of use of a 6.25 kHz channel in a high usage band, medium usage band or low usage band the appropriate sum payable is that determined in accordance with Parts 1 to 3 of Schedule 11, provided that where the total sum payable in respect of a licence is less than £75 then the sum payable is £75. 12 months For each authorisation under a licence of use of a 6.25 kHz channel for only 250 milliseconds in each two seconds or for only 500 milliseconds in each four seconds for each base station in a high usage band, medium usage band or low usage band the appropriate sum payable is one eighth of the sum determined in accordance with Parts 1 to 3 of Schedule 11, provided that where the total sum payable in respect of a licence is less than £75 then the sum payable is £75.
3
In this regulation —
a
the column headed “Class of licence” in Schedule 2 to the principal Regulations shall be designated as “Column 1”;
b
the column headed “Fixed sums” in Schedule 2 to the principal Regulations shall be designated as “Column 2”;
c
the column headed “Variable sums” in Schedule 2 to the principal Regulations shall be designated as “Column 3”;
d
the column headed “Prescribed payment interval” in Schedule 2 to the principal Regulations shall be designated as “Column 4”; and
e
where the amendments to Schedule 2 to the principal Regulations prescribed in paragraph (2) of this regulation are set out within a four column grid, the four columns of that grid are to be inserted as Columns 1 to 4 of that Schedule.
Insertion of Schedules 9, 10 and 11
5
After Schedule 8, insert the following —
SCHEDULE 9
Regulation 3(1)
HIGH POPULATION AREA, MEDIUM POPULATION AREA AND LOW POPULATION AREA
National Grid References High population area TQ 000 500 Medium population areas NJ 500 000 SJ 000 500 SP 500 000 TA 000 000 NO 000 000 SJ 500 500 SS 500 500 TF 000 000 NS 000 500 SJ 500 000 ST 000 500 TG 000 000 NS 500 500 SK 000 500 ST 500 500 TL 500 500 NT 000 500 SK 500 500 ST 000 000 TL 000 000 NW 000 000 SK 000 000 SU 000 500 TL 500 000 NZ 000 500 SK 500 000 SU 500 500 TM 000 000 NZ 000 000 SO 500 500 SU 000 000 TQ 500 500 SD 000 000 SO 500 000 SU 500 000 TQ 000 000 SD 500 000 SP 000 500 SX 000 500 TQ 500 000 SE 000 000 SP 500 500 SX 500 500 TR 000 500 SE 500 000 SP 000 000 SZ 000 500 Low population areas All National Grid References for 50 kilometre x 50 kilometre areas other than those listed in this Schedule.
SCHEDULE 10
CHARGES FOR THE BUSINESS RADIO (AREA DEFINED) LICENCE CLASS FOR EACH 6.25 kHz CHANNEL
Schedule 2
Column 1
Area
Column 2
Charge for high usage band
Column 3
Charge for medium usage band
Column 4
Charge for low usage band
UK £2,475 £2062.50 £825 England £2,068.75 £1723.75 £689.50 Wales £122.50 £102.50 £40.75 Scotland £213.75 £177.50 £71.25 Northern Ireland £70 £58.75 £23.25 High population area £296.25 £247.50 £98.75 Medium population area £37.50 £31.25 £12.50 Low population area £3.50 £3 £1.25
SCHEDULE 11
CHARGES FOR THE BUSINESS RADIO (TECHNICALLY ASSIGNED) LICENCE CLASS
Schedule 2
PART 1
CHARGES FOR EACH 6.25 kHz CHANNEL AUTHORISED IN A HIGH USAGE BAND
Small Coverage Area Medium Coverage Area Large Coverage Area Assignment type Exclusive basis Shared basis Exclusive basis Shared basis Exclusive basis Shared basis High population area £50 £25 £185 £92.50 £370 £185 Medium population area £25 £18.75 £50 £25 £75 £37.50 Low population area £18.75 £18.75 £23.75 £18.75 £27.50 £18.75
PART 2
CHARGES FOR EACH 6.25 kHz CHANNEL AUTHORISED IN A MEDIUM USAGE BAND
Small Coverage Area Medium Coverage Area Large Coverage Area Assignment type Exclusive basis Shared basis Exclusive basis Shared basis Exclusive basis Shared basis High population area £25 £18.75 £92.50 £46.25 £185 £92.50 Medium population area £21.25 £18.75 £42.50 £21.25 £62.50 £31.25 Low population area £18.75 £18.75 £20 £18.75 £22.50 £18.75
PART 3
CHARGES FOR EACH 6.25 kHz CHANNEL AUTHORISED IN A LOW USAGE BAND
Small Coverage Area Medium Coverage Area Large Coverage Area Assignment type Exclusive basis Shared basis Exclusive basis Shared basis Exclusive basis Shared basis High population area £18.75 £18.75 £18.75 £18.75 £18.75 £18.75 Medium population area £18.75 £18.75 £18.75 £18.75 £18.75 £18.75 Low population area £18.75 £18.75 £18.75 £18.75 £18.75 £18.75
.
Philip Rutnam
Partner, Spectrum Policy
For and by the authority of the Office of Communications
5th August 2008


text:
Citation and commencement
1
These Regulations —
a
may be cited as the Environmental Protection (Controls on Ozone–Depleting Substances) (Amendment) Regulations 2008; and
b
come into force on 15th February 2008.
Amendments
2
The Environmental Protection (Controls on Ozone–Depleting Substances) Regulations 2002 are amended in accordance with the Schedule.
Phil Woolas
Minister of State
Department for Environment, Food and Rural Affairs
16th January 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (Commencement No. 1) Order of Council 2008.
2
In this Order, “the principal Order ” means the Health Care and Associated Professions (Miscellaneous Amendments) Order 2008.
Appointed days
2
1
3rd November 2008 is the day appointed for the coming into force of —
a
paragraphs 3 to 8, 16, 17, 19 and 22 of Schedule 1 to the principal Order, and article 2(1) of the principal Order in so far as it relates to those paragraphs; and
b
article 3(1) of, and Part 1 of Schedule 5 to, the principal Order.
2
1st January 2009 is the day appointed —
a
for the coming into force of —
i
paragraphs 1 and 21 of Schedule 1 to the principal Order, in so far as not already in force,
ii
paragraphs 18 and 20(b) of Schedule 1 to the principal Order, and
iii
article 2(1) of the principal order, in so far as it relates to those paragraphs; and
b
for the coming into force of paragraph 2 of Schedule 5 to the principal Order, and article 3(2) of the principal Order in so far as it relates to that paragraph.
Transitional provision
3
On and after 1st January 2009 and until the coming into force of paragraph 10 of Schedule 1 to the Medical Act 1983 (Amendment) Order 2002 (which substitutes the definition of “registered medical practitioner” in the Interpretation Act 1978 for a new definition encompassing the holding of a licence to practise), paragraph 1A of Schedule 1 to the Medical Act 1983 (which relates to membership of the General Medical Council) shall apply as if sub-paragraph (1)(a)(ii) were omitted.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and effect
1
These Regulations may be cited as the Income Tax (Payments on Account) (Amendment) Regulations 2008, shall come into force on 6 th April 2009 and shall have effect as respects the year 2009-10 and subsequent years of assessment.
Amendment of the Income Tax (Payments on Account) Regulations 1996
2
In regulation 3 of the Income Tax (Payments on Account) Regulations 1996 (which prescribes the assessed amount for the purposes of section 59A(1)(c) of the Taxes Management Act 1970) for “£500” substitute “£1,000”.
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
26th March 2008


text:
Citation and commencement
1
These Regulations may be cited as the Children Act 1989 (Contact Activity Directions and Conditions: Financial Assistance) (England) Regulations 2008 and come into force on 8th December 2008.
Interpretation
2
In these Regulations —
“ the Act ” means the Children Act 1989;
“approved provider” means a person who is for the time being approved —
where the contact activity is provided in England, by the Secretary of State, or
where the contact activity is provided in Wales, by the Welsh Ministers,
as a provider of contact activities ;
“certificate” has the same meaning as in the Financial Regulations ;
“contact activity” means an activity that promotes contact with a child which is required by a contact activity direction or contact activity condition;
“contact activity condition” has the same meaning as in section 11C(2) of the Act;
“contact activity direction” has the same meaning as in section 11A(3) of the Act;
“family proceedings” has the same meaning as in the Financial Regulations;
“Financial Regulations” means the Community Legal Service (Financial) Regulations 2000 ;
“funded services” has the same meaning as in the Financial Regulations;
“qualifying individual” means an individual who falls within section 11F(2) of the Act.
Financial Assistance
3
1
Subject to paragraphs (2) and (3), the Secretary of State may make payments to assist a qualifying individual in paying a charge or fee in respect of a contact activity.
2
Payments may not be made under paragraph (1) unless–
a
the qualifying individual’s financial resources are such that–
i
following a determination in accordance with the Financial Regulations that the individual is financially eligible for funded services in relation to family proceedings, the individual has been issued with a certificate in relation to the family proceedings in which the contact activity direction or condition, which required the individual to take part in the contact activity, was made or imposed; or
ii
where the individual does not satisfy the condition in sub-paragraph (a)(i), the Secretary of State is satisfied that the individual, if required to pay the charge or fee, is likely to suffer financial hardship; and
b
the contact activity is provided by an approved provider.
3
The maximum amount of assistance that may be paid in respect of a qualifying individual as regards a contact activity is–
a
£3500 if the contact activity is of the type described in section 11A(5)(a)(ii) of the Act, or
b
in the case of any other contact activity, £450.
4
Payments under regulation 3 may be made directly to approved providers.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
13th November 2008


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (Trees) (Amendment No.2) (England) Regulations 2008 and shall come into force on 26th January 2009.
Amendment of previous regulations
2
The Town and Country Planning (Trees) Regulations 1999 are amended by the omission of “where that appeal is made on or after the date on which these Regulations come into force” from regulation 11(1) (application of Part 4 and interpretation).
Signed by authority of the Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
15th December 2008


text:
Title and Commencement
1
1
The title of this Order is the Powys (Communities) Order 2008.
2
For any purpose set out in regulation 4(1) of the Regulations, this Order comes into operation on the day after that on which it is made.
3
For all other purposes, this Order comes into force on 1 April 2008, which is the appointed day for the purposes of the Regulations.
Interpretation
2
In this Order —
“existing” (“ presennol ”), in relation to a local government or electoral area, means that area as it exists immediately before the appointed day;
“new” (“ newydd ”), in relation to a local government or electoral area, means that area as established by this Order;
“the Regulations” (“ y Rheoliadau ”) means the Local Government Area Changes Regulations 1976 ;
any reference to a map means one of the 14 maps marked “Maps of the Powys (Communities) Order 2008”, duly labelled “A” to “N” for reference and deposited in accordance with regulation 5 of the Regulations;
any reference to an electoral division is a reference to an electoral division of the county of Powys; and
where a boundary is shown on a map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.
Glyn Tarell and Brecon — change in community areas and consequential changes to electoral arrangements
3
The part of the community of Glyn Tarell shown hatched on Map A —
a
is transferred to the community of Brecon;
b
forms part of the St. David Within ward of the community of Brecon; and
c
forms part of the electoral division of St. David Within.
Vale of Grwyney and Crickhowell — change in community areas
4
The part of the community of The Vale of Grwyney shown hatched on Map B is transferred to the community of Crickhowell.
Builth and Duhonw — change in community areas and consequential change to electoral arrangements
5
The part of the community of Builth shown hatched on Map C —
a
is transferred to the community of Duhonw; and
b
forms part of the electoral division of Llanafanfawr.
Llanigon and Hay — change in community areas and consequential change to electoral arrangements
6
The part of the community of Llanigon shown hatched on Map D —
a
is transferred to the community of Hay; and
b
forms part of the electoral division of Hay.
Glyn Tarell and Llanfrynach — change in community areas
7
The part of the community of Glyn Tarell shown hatched on Map E is transferred to the community of Llanfrynach.
Ystradfellte and Tawe-Uchaf — change in community areas
8
The part of the community of Ystradfellte shown hatched on Map F is transferred to the community of Tawe-Uchaf.
Llanfair Caereinion and Castle Caereinion — change in community areas and consequential change to electoral arrangements
9
The part of the community of Llanfair Caereinion shown hatched on Map G —
a
is transferred to the community of Castle Caereinion; and
b
forms part of the electoral division of Guilsfield.
Churchstoke and Kerry — change in community areas and consequential change to electoral arrangements
10
The part of the community of Churchstoke shown hatched on Map H —
a
is transferred to the community of Kerry; and
b
forms part of the electoral division of Kerry.
Newtown and Llanllwchaiarn — change in community areas and consequential change to electoral arrangements
11
The part of the community of Newtown and Llanllwchaiarn shown hatched on Map I —
a
is transferred to the community of Llandyssil; and
b
forms part of the electoral division of Dolforwyn.
Llansantffraid and Llangedwyn — change in community areas and consequential change to electoral arrangements
12
The part of the community of Llansantffraid shown hatched on Map J —
a
is transferred to the community of Llangedwyn; and
b
forms part of the electoral division of Llanrhaeadr-ym-Mochnant/Llansilin.
Llangurig and Llanidloes — change in community areas and consequential change to electoral arrangements
13
The part of the community of Llangurig shown hatched on Map K —
a
is transferred to the community of Llanidloes; and
b
forms part of the electoral division of Llanidloes.
Churchstoke and Montgomery — change in community areas and consequential change to electoral arrangements
14
The part of the community of Churchstoke shown hatched on Map L —
a
is transferred to the community of Montgomery; and
b
forms part of the electoral division of Montgomery.
Knighton and Whitton — change in community areas and consequential change to electoral arrangements
15
The part of the community of Knighton shown hatched on Map M —
a
is transferred to the community of Whitton; and
b
forms part of the electoral division of Llangunllo.
Llanrhaeadr-ym-Mochnant — amalgamation of existing communities to create new community and consequential changes to electoral arrangements
16
1
The existing communities of Llanrhaeadr-ym-Mochnant (in the former district of Glyndwr) and Llanrhaeadr-ym-Mochnant (in the former district of Montgomeryshire) are amalgamated and constitute a new community to be known as Llanrhaeadr-ym-Mochnant being the area shown hatched on Map N.
2
The new community of Llanrhaeadr-ym-Mochnant forms part of the electoral division of Llanrhaeadr-ym-Mochnant/Llansilin which continues to have one county councillor.
3
The electoral division of Llanrhaeadr-ym-Mochnant is to be known as Llanwddyn comprising the communities of Llangynog, Llanwddyn and Pen-y-Bont-Fawr and continues to have one county councillor.
Llanrhaeadr-ym-Mochnant — community councils
17
1
The councils of the existing communities of Llanrhaeadr-ym-Mochnant (in the former district of Glyndwr) and Llanrhaeadr-ym-Mochnant (in the former district of Montgomeryshire) are to be dissolved.
2
There is to be a council for the new community of Llanrhaeadr-ym-Mochnant.
3
Any person in office immediately before the appointed day as councillor for the existing community of Llanrhaeadr-ym-Mochnant (in the former district of Glyndwr) or the existing community of Llanrhaeadr-ym-Mochnant (in the former district of Montgomeryshire) is, on and after the appointed day, to be a councillor for the new community of Llanrhaeadr-ym-Mochnant.
4
As from the fourth day after the ordinary election of councillors in 2008 the number of councillors of the new community of Llanrhaeadr-ym-Mochnant is to be eleven.
5
Community councillors for the new community of Llanrhaeadr-ym-Mochnant are to be elected on the day of the ordinary election of councillors in 2008. The persons elected are to come into office on the fourth day thereafter and retire on the fourth day after the ordinary election of councillors in 2012.
6
The annual meeting for 2008 of the new community council of Llanrhaeadr-ym-Mochnant is to be convened by the officer appointed by the County Council of Powys for that purpose.
Llanrhaeadr-ym-Mochnant — residuary successor
18
In relation to the existing community councils of Llanrhaeadr-ym-Mochnant (in the former district of Glyndwr) and Llanrhaeadr-ym-Mochnant (in the former district of Montgomeryshire) for the purposes of any provision of the Regulations which refers to the residuary successor of a dissolved authority, the council of the new community of Llanrhaeadr-ym-Mochnant is hereby specified as the residuary successor.
Community books, etc.
19
1
The specified papers of the existing communities of Llanrhaeadr-ym-Mochnant (in the former district of Glyndwr) and Llanrhaeadr-ym-Mochnant (in the former district of Montgomeryshire) are to be deposited in the custody of the council of the new community of Llanrhaeadr-ym-Mochnant.
2
In this article, “specified papers” (“ papurau penodedig ”) means the public books, writings and papers of the existing communities of Llanrhaeadr-ym-Mochnant (in the former district of Glyndwr) and Llanrhaeadr-ym-Mochnant (in the former district of Montgomeryshire) and all documents directed by law to be kept thereunto.
Initial expenses of new community council, etc.
20
1
In this article —
“the 1992 Act ” (“ Ddeddf 1992 ”) means the Local Government Finance Act 1992 ;
“the 1995 Regulations ” (“ Rheoliadau 1995 ”) means the Local Authorities (Precepts) (Wales) Regulations 1995 ;
“the new community council” (“ y cyngor cymuned newydd ”) means the new community council of Llanrhaeadr-ym-Mochnant;
“the prospective billing authority” (“ yr awdurdod bilio arfaethedig ”) means Powys County Council;
“the relevant financial year” (“ y flwyddyn ariannol berthnasol ”) means the financial year beginning on 1 April 2008.
2
Section 41 of the 1992 Act (issue of precepts by local precepting authorities) has effect —
a
in relation to the new community council, the prospective billing authority and the relevant financial year; and
b
as respects the period beginning on 1 April 2008 and ending immediately before the day on which there is issued by the new community a precept for the relevant financial year, with the substitution for subsection (3) of the following subsection —
3
In making calculations in accordance with section 32 above (originally or by way of substitute) the billing authority shall take into account for the purposes of its estimate under section 32(2)(a) above an amount equal to that specified in article 20(6) of the Powys (Communities) Order 2008.
.
3
In relation to the new community council, the prospective billing authority and the relevant financial year —
a
section 32 of the 1992 Act (calculation of budget requirements by billing authorities) has effect with the omission of subsection (6);
b
section 41(4) of the 1992 Act has effect with the substitution for the words “March in the financial year preceding that for which it is issued” of the words “October in the financial year for which it is issued”; and
c
the reference in section 54(4) of the 1992 Act (power to designate authorities) to a precept anticipated by a billing authority in pursuance of regulations under section 41 of the 1992 Act is construed as a reference to the amount specified in paragraph (6) of this article.
4
In relation to the amount taken into account for the purposes of section 32(2)(a) of the 1992 Act by virtue of paragraph (2) above, Chapter III of Part I of the 1992 Act (setting of council tax) is to have effect as if —
a
the amount were an item mentioned in section 35(1) of the 1992 Act (special items) which related to the new community; and
b
the area of the prospective billing authority included the new community.
5
The new community council must make the calculations required by section 50 of the 1992 Act (calculation of budget requirement by local precepting authorities) for the relevant financial year so as to secure that the amount calculated as its budget requirement for that year does not exceed the amount specified in paragraph (6) of this article.
6
The amount specified in this paragraph is six thousand two hundred and sixteen thousand pounds.
7
In relation to the new community council, the prospective billing authority and the relevant financial year, the 1995 Regulations have effect as if —
a
regulation 5 (information on schedules of payment); and
b
in sub-paragraphs (1), (2) and (3) of paragraph 8 of Part II of the Schedule (rules for determination of schedules in instalments) in each case the second “or” and the words following to the end of each sub-paragraph,
were omitted.
Local Acts, orders and byelaws
21
The existing communities of Llanrhaeadr-ym-Mochnant (in the former district of Glyndwr) and Llanrhaeadr-ym-Mochnant (in the former district of Montgomeryshire) are hereby specified in relation to regulation 41(4) of the Regulations (local acts, orders and byelaws) and the new community of Llanrhaeadr-ym-Mochnant is hereby specified in relation to those existing communities.
Brian Gibbons
Minister for Social Justice amd Local Government, one of the Welsh Ministers
2 March 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) (Amendment) Order 2008 and comes into force on the day after it is made.
2
In this Order —
a
“ NC tests ” means National Curriculum tests administered to pupils under article 8 of the 2003 Order for the purposes of assessing the level of attainment which they have achieved in any core subject in the third key stage;
b
“the 2003 Order” means the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 2003 .
Amendments
2
1
The 2003 Order is amended as follows.
2
In article 3(1) (interpretation) omit the definitions of “external marking agency”, “NC tests”, “NC assessment timetable” and “record of the results”.
3
Articles 8 to 10 (external assessment of core subjects etc. ) are revoked.
4
In article 11 (evaluation of assessment arrangements), for “8” substitute “7”.
5
In article 12 (supplementary powers of the Secretary of State), omit “, including in particular provisions as to NC tests for the purpose mentioned in the definition of such tests in article 3(1) and as to the time when and the manner in which the tests are to be administered”.
Savings
3
1
Despite article 2, the 2003 Order continues to have effect without the amendments made by this Order in relation to any NC tests administered before this Order comes into force for the purposes of enabling investigations to be conducted and records of results to be corrected by the Qualifications and Curriculum Authority under article 10 of the 2003 Order.
Sarah McCarthy-Fry
Parliamentary Under Secretary of State
Department for Children, Schools and Families
1st December 2008


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) Order 2008 and comes into force on 1st April 2008.
Amendment of Value Added Tax Act 1994
2
1
The Value Added Tax Act 1994 is amended as follows.
2
In Schedule 1 (registration in respect of taxable supplies) —
a
in paragraph 1(1)(a) and (b) and (2)(a) and (b), for “£64,000” substitute “£67,000”; and
b
in paragraphs 1(3) and 4(1) and (2), for “£62,000” substitute “£65,000”.
3
In Schedule 3 (registration in respect of acquisitions from other member States) —
a
in paragraph 1(1) and (2), and
b
in paragraph 2(1)(a) and (b) and (2),
for “£64,000” substitute “£67,000”.
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 2008


text:
This Order may be cited as the General Optical Council (Fitness to Practise) (Amendment in Relation to Standard of Proof) Rules Order of Council 2008, and comes into force on 3rd November 2008.
Judith Simpson
Clerk of the Privy Council


text:
PART 1 GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Insurance Accounts Directive (Lloyd’s Syndicate and Aggregate Accounts) Regulations 2008.
2
These Regulations come into force on 15th August 2008 and apply in relation to financial years beginning on or after 1st January 2009.
Interpretation
2
1
In these Regulations —
“the 2006 Act ” means the Companies Act 2006 ;
“the 2008 Regulations ” means the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 ;
“appropriate audit authority” means —
the Secretary of State, or
if the Secretary of State has delegated functions under section 1252 of the Companies Act 2006 (delegation of the Secretary of State’s functions) to a body whose functions include receiving notice that an auditor of a syndicate or of the aggregate accounts has ceased to hold office, that body;
“ the Authority ” means the Financial Services Authority;
“the Council of Lloyd’s” means the Council constituted by section 3 of Lloyd’s Act 1982 (the Council);
“financial year” means the period of 12 months beginning on 1st January;
“Lloyd’s byelaws” means the byelaws made under Lloyd’s Acts 1871 to 1982 ;
“managing agent” means a person who is permitted by the Council of Lloyd’s, in the conduct of his business as an underwriting agent, to perform, for a member of Lloyd’s, one or more of the following functions —
underwriting contracts of insurance at Lloyd’s;
reinsuring such contracts in whole or in part;
paying claims on such contracts;
“syndicate” means one or more persons, to whom a syndicate number has been assigned by or under the authority of the Council of Lloyd’s, carrying out or effecting contracts of insurance written at Lloyd’s;
“syndicate’s annual accounts” means the accounts prepared in accordance with regulation 5(2)(a) of these Regulations.
2
In these Regulations any reference to a person being “in default” in relation to a requirement of these Regulations means a person who authorises or permits, participates in, or fails to take all reasonable steps to prevent, a contravention of that requirement.
3
For the purposes of these Regulations an underwriting year of account is closed —
a
at the time when a contract of reinsurance to close that year of account, which complies with the requirements in the Lloyd’s byelaws, takes effect; or
b
in the case of a syndicate which consists of a single corporate member, at the time when an amount representing the provision for all known and unknown liabilities attributable to the closing year of account, is included in the underwriting account for the following underwriting year.
4
Except as otherwise provided in these Regulations, words and expressions used in the 2006 Act have the same meaning in these Regulations as they have in that Act.
Senior Statutory Auditor
3
1
In these Regulations, “senior statutory auditor” means the individual identified by a firm as senior statutory auditor in relation to an audit in accordance with the standards or guidance mentioned in section 504(1) of the 2006 Act (senior statutory auditor).
2
The person identified as senior statutory auditor must be eligible for appointment as auditor of the syndicate in question under Chapter 2 of Part 42 of the 2006 Act (statutory auditors: individuals and firms).
3
The senior statutory auditor is not, by reason of being named or identified as senior statutory auditor or by reason of his or her having signed the auditor’s report, subject to any civil liability to which he or she would not otherwise be subject.
Summary proceedings
4
Sections 1127 and 1128 of the 2006 Act (summary proceedings: venue and time limit for proceedings) apply to an offence under these Regulations as they apply to an offence under the Companies Acts (as defined by section 2(1) of the 2006 Act).
PART 2 SYNDICATE ACCOUNTS
Preparation of syndicate’s annual accounts
5
1
Managing agents must prepare or cause to be prepared the accounts and reports required by paragraph (2), in respect of —
a
each syndicate that they manage on 31st December; and
b
any syndicate that they were the last managing agent to manage during the preceding year and which has no managing agent on 31st December.
2
Managing agents must, for the financial year preceding 31st December, in respect of each syndicate —
a
prepare annual accounts;
b
prepare an annual report; and
c
cause to be prepared an auditor’s report.
3
The accounts and annual report required by paragraph (2) must —
a
be prepared within a period of 3 months beginning immediately after the end of the syndicate’s financial year;
b
state that they are prepared under this regulation; and
c
comply with the requirements in Schedule 1 to these Regulations.
4
The accounts required by paragraph (2)(a) must also contain the information on auditor remuneration required by Schedule 2 to these Regulations.
5
Schedules 1 and 2 to these Regulations have effect.
Preparation of syndicate underwriting year accounts
6
1
Managing agents must, in respect of each syndicate to which regulation 5(1) refers, prepare or cause to be prepared underwriting year accounts in accordance with paragraph (2), unless —
a
no underwriting year of that syndicate has been closed in the preceding financial year or is being closed at the end of that financial year; or
b
the members of the syndicate for each underwriting year included in the underwriting year accounts, agree unanimously, in writing, that no underwriting year accounts shall be prepared in respect of that syndicate.
2
The underwriting year accounts must be an account which —
a
is prepared on an underwriting year basis; and
b
gives a true and fair view of the result of that underwriting year at closure.
3
The accounts required by this regulation must —
a
be prepared within a period of 3 months beginning immediately after the end of the syndicate’s financial year; and
b
state that they are prepared under this regulation.
4
Managing agents must cause to be prepared an auditor’s report on the underwriting year accounts required by this regulation stating whether a true and fair view is given of the result of the underwriting year at closure.
5
Part 42 of the 2006 Act (statutory auditors) applies to an auditor appointed for the purposes of this regulation subject to any necessary modifications to take account of the fact that the syndicate is unincorporated, as it applies to the person appointed for the purposes of regulation 5 or the person appointed to report on the aggregate accounts under section 1210 of the 2006 Act (meaning of “statutory auditor”) .
Approval and signing of accounts
7
1
A syndicate’s annual accounts must be approved and signed by the syndicate’s managing agent and, where the managing agent is a body corporate or a partnership, the accounts must be approved by the board of directors or partners and signed by a director or partner of the managing agent, authorised to sign on its behalf.
2
The signature must be on the syndicate’s balance sheet.
3
Every copy of the balance sheet which is circulated, published, issued or delivered to the Authority must state the name of the person who signed it on behalf of the syndicate’s managing agent.
Accounts to be sent to syndicate members, the Council of Lloyd’s and the Authority
8
1
The managing agent responsible for the preparation of the accounts of a syndicate must send a copy of the accounts and reports prepared under regulations 5 and 6 to every member of Lloyd’s who participates in that syndicate and to the Council of Lloyd’s, within 3 months from the end of the financial year.
2
The managing agent responsible for the preparation of the accounts of a syndicate must send a copy of the accounts and reports prepared under regulations 5 and 6 to the Authority within 6 months from the end of the financial year.
3
References in this regulation to sending documents to a person include references to using electronic communications for sending copies of those documents to such address as may for the time being be notified to the managing agent by that person for that purpose.
Publication of syndicate accounts and reports
9
Where a managing agent has sent accounts and reports to the Council of Lloyd’s under regulation 8, the Council must —
a
make available, on reasonable notice, those accounts and reports for inspection by any person without charge and during business hours at the Council’s head office for a period of three years from the date of signature of each document; and
b
supply to any person upon request a copy of those accounts and reports (or such part of those accounts and reports as may be requested) at a price not exceeding the administrative cost of making the copy, for a period of three years from the date of signature of each document.
Auditor’s report
10
1
A syndicate’s auditor must make a report to the syndicate’s members on all annual accounts of the syndicate of which copies are to be sent to the syndicate members during the auditor’s tenure of office.
2
The auditor’s report must include —
a
an introduction identifying the annual accounts that are the subject of the audit and the financial reporting framework that has been applied in their preparation; and
b
a description of the scope of the audit identifying the auditing standards in accordance with which the audit was conducted.
3
The report must state clearly whether, in the auditor’s opinion, the annual accounts —
a
give a true and fair view —
i
in the case of an individual balance sheet, of the state of affairs of the syndicate as at the end of the financial year; and
ii
in the case of an individual profit and loss account, of the profit or loss of the syndicate for the financial year;
b
have been properly prepared in accordance with the relevant financial reporting framework; and
c
have been prepared in accordance with the requirements of these Regulations.
4
The report on the syndicate’s annual accounts must also state whether in the auditor’s opinion the information given in the managing agent’s report for the financial year for which the annual accounts are prepared is consistent with those accounts.
5
The auditor’s report —
a
must be unqualified or qualified; and
b
must include a reference to any matters to which the auditor wishes to draw attention by way of emphasis without qualifying the report.
Duties of auditors
11
1
A syndicate’s auditor, in preparing the audit report, must carry out such investigations as will enable the auditor to form an opinion as to —
a
whether adequate accounting records have been kept on behalf of the syndicate; and
b
whether the syndicate’s annual accounts are in agreement with the accounting records.
2
If the auditor is of the opinion —
a
that adequate accounting records have not been kept; or
b
that the syndicate’s annual accounts are not in agreement with the accounting records,
the audit report shall state that fact.
3
If the auditor fails to obtain all the information and explanations which, to the best of the auditor’s knowledge and belief, are necessary for the purposes of the audit, the audit report shall state that fact.
4
If the requirements of paragraph 5 of Schedule 1 are not complied with in the annual accounts the audit report must include, so far as the auditor is reasonably able to do so, a statement giving the required particulars.
Signature of auditor’s report
12
1
The syndicate’s auditor’s report on the syndicate’s annual accounts required under regulation 5(2), and on the underwriting year accounts required by regulation 6, must state the name of the auditor and be signed and dated.
2
Where the auditor is an individual, the report must be signed by that individual.
3
Where the auditor is a firm, the report must be signed by the senior statutory auditor in his or her own name, for and on behalf of the auditor.
Names to be stated in copies of auditor’s report published or filed
13
1
Every copy of the syndicate’s auditor’s report that is published by or on behalf of the syndicate or the Council of Lloyd’s or which is sent to the Authority under regulation 8(2) must —
a
state the name of the auditor and (where the auditor is a firm) the name of the person who signed it as senior statutory auditor; or
b
if the conditions in regulation 14 are met, state that a resolution has been passed and notified to the Authority in accordance with regulation 14(2)(b).
2
For the purposes of this regulation, the syndicate (or the Council) is regarded as publishing the report if it publishes, issues, circulates or otherwise makes it available for public inspection in a manner calculated to invite members of the public generally, or any class of members of the public, to read it.
Circumstances in which names may be omitted
14
1
The auditor’s name, and (where the auditor is a firm) the name of the person who signed the report as senior statutory auditor, may be omitted from copies of the report circulated, published, issued or delivered where the conditions in paragraph (2) are met.
2
The conditions referred to in paragraph (1) are that the managing agent responsible for preparing the syndicate’s accounts —
a
considering on reasonable grounds that statement of the name would create or be likely to create a serious risk that the auditor or senior statutory auditor, or any other person, would be subject to violence or intimidation, has resolved that the name should not be stated; and
b
has given notice of the resolution to the Authority, stating —
i
the name and number of the syndicate;
ii
the year to which the report relates; and
iii
the name of the auditor and (where the auditor is a firm) the name of the person who signed the report as senior statutory auditor.
Requirements in connection with publication of statutory accounts
15
1
If a managing agent publishes any of the statutory accounts of a syndicate, they must be accompanied by the auditor’s report on those accounts.
2
If a managing agent publishes non-statutory accounts of a syndicate, it must publish with them a statement indicating —
a
that they are not the syndicate’s statutory accounts;
b
whether statutory accounts dealing with any financial year with which the non-statutory accounts purport to deal have been sent to the Authority under regulation 8(2) of these Regulations; and
c
whether an auditor’s report has been made on the syndicate’s accounts for any such financial year, and if so whether the report —
i
was qualified or unqualified, or included a reference to any matters to which the auditor drew attention by way of emphasis without qualifying the report; or
ii
contained a statement under regulation 11(2), (3) or (4).
3
The managing agent must not publish the auditor’s report on the syndicate’s statutory accounts with non-statutory accounts.
4
References in this regulation to the publication by a managing agent of “non-statutory accounts” are to the publication of any balance sheet or profit and loss account relating to, or purporting to deal with, a financial year of the syndicate or an underwriting year of the syndicate otherwise than as part of the syndicate’s statutory accounts.
5
A syndicate’s “statutory accounts” are its accounts for a financial year specified in regulations 5(2)(a) and 6 (1) and required to be sent to the Authority under regulation 8(2).
Delivery and publication of accounts in euros
16
1
The amounts set out in the syndicate’s annual accounts may also be shown in the same accounts translated into euros.
2
When complying with regulation 8(2) the managing agent may send to the Authority an additional copy of the syndicate’s annual accounts in which the amounts have been translated into euros.
3
In both cases —
a
the amounts must have been translated at the exchange rate prevailing on the date to which the balance sheet is made up; and
b
that rate must be disclosed in the notes to the accounts.
4
For the purposes of regulation 15 any additional copy of the syndicate’s annual accounts sent to the Authority under paragraph (2) above shall be treated as statutory accounts of the syndicate.
5
In the case of such a copy, references in regulation 15 to the auditor’s report on the syndicate’s annual accounts must be read as references to the auditor’s report on the annual accounts of which it is a copy.
Penalties for non-compliance
17
1
If the managing agent of a Lloyd’s syndicate fails to comply with regulation 5(1), within the period referred to in regulation 5(3), the managing agent and every person who was a director or partner of it immediately before the end of that period, is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
If the managing agent of a Lloyd’s syndicate fails to comply with regulation 6(1), within the period referred to in regulation 6(3), the managing agent and every person who was a director or partner of it immediately before the end of that period, is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
If accounts which are approved under regulation 7 do not comply with the requirements of these Regulations, the managing agent of the Lloyd’s syndicate and every person who was a director or partner of the managing agent at the time when the accounts were approved who —
a
knew that they did not comply, or was reckless as to whether they complied, and
b
failed to take reasonable steps to secure compliance with those requirements or, as the case may be, to prevent the accounts from being approved,
is guilty of an offence and liable on conviction on indictment, to a fine, and on summary conviction to a fine not exceeding the statutory maximum.
4
If an annual report which is approved under paragraph 12 of Schedule 1 does not comply with the requirements of these Regulations, the managing agent of the Lloyd’s syndicate and every person who was a director or partner of the managing agent at the time when the accounts were approved who —
a
knew that they did not comply, or was reckless as to whether they complied, and
b
failed to take reasonable steps to secure compliance with those requirements or, as the case may be, to prevent the accounts from being approved,
is guilty of an offence and liable on conviction on indictment to a fine, and on summary conviction to a fine not exceeding the statutory maximum.
5
If a managing agent fails to comply with regulation 8(1), it and every person who was a director or partner of the managing agent at the time when the failure took place is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6
If a managing agent fails to comply with regulation 8(2), it and every person who was a director or partner of the managing agent at the time when the failure took place is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
7
If a copy of the syndicate auditor’s report is sent to the Authority or published without the statement required by regulation 13, the managing agent, and every person who was a director or partner of the managing agent at the time when the failure took place is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
8
If a managing agent contravenes any provision of regulation 15, the managing agent and every person who was a director or partner of the managing agent at the time when the contravention took place, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
9
It is a defence for a person charged with an offence under this regulation to show that he or she took all reasonable steps for securing that the requirements in question would be complied with.
PART 3 AGGREGATE ACCOUNTS
Preparation of aggregate accounts by Council of Lloyd’s
18
1
The members of the Council of Lloyd’s must prepare aggregate accounts for each financial year by cumulating all the syndicate annual accounts prepared in accordance with regulation 5 for that year.
2
The aggregate accounts must consist of —
a
an aggregate balance sheet as at the last day of the financial year; and
b
an aggregate profit and loss account.
Those accounts are referred to in these Regulations as the “aggregate accounts”.
3
The aggregate accounts must —
a
be prepared within the period of 6 months beginning immediately after the end of the financial year; and
b
state that they are prepared under these Regulations.
4
The aggregate accounts must comply with the provisions of Schedule 3 to the 2008 Regulations (insurance companies: Companies Act individual accounts), other than the provisions (or parts of provisions) set out in paragraph (5) as to —
a
the form and content of the aggregate balance sheet and aggregate profit and loss account; and
b
additional information to be provided by way of notes to the accounts.
5
The provisions are the following —
a
paragraphs 11(2), 68, 71, 72, 79, 81, 82(2), 83; and
b
in paragraph 2(2) the words from “save that none” to the end of that sub-paragraph.
6
The aggregate accounts must also contain the information on auditor remuneration required in Schedule 2 to these Regulations and comply with the provisions set out in paragraph 1 of Schedule 3 to these Regulations.
7
Schedule 3 to these Regulations has effect.
Approval and signing of aggregate accounts
19
1
The aggregate accounts must be approved by the Council of Lloyd’s and signed on behalf of the Council by a member of the Council.
2
The signature must be on the aggregate balance sheet.
3
Every copy of the aggregate balance sheet which is circulated, published or issued must state the name of the person who signed it on behalf of the Council.
4
The copy of the aggregate balance sheet which is delivered to the Authority must be signed on behalf of the Council by a member of the Council.
Preparation of annual report by the Council of Lloyd’s
20
The members of the Council of Lloyd’s must prepare an annual report on the insurance business carried on by the members of Lloyd’s which complies with the requirements set out in paragraphs 2 to 4 of Schedule 3.
Approval and signing of annual report
21
1
The annual report prepared under regulation 20 must be approved by the Council of Lloyd’s and signed on behalf of the Council by a member of the Council.
2
Every copy of the annual report which is circulated, published or issued, must state the name of the person who signed it on behalf of the Council.
3
The copy of the annual report which is delivered to the Authority must be signed on behalf of the Council by a member of the Council.
Auditor’s report
22
1
The members of the Council of Lloyd’s must obtain an auditor’s report on the aggregate accounts.
2
The auditor’s report shall include —
a
an introduction identifying the aggregate accounts that are the subject of the report and the financial reporting framework that has been applied in their preparation;
b
a description of the scope of the review carried out by the auditor and identifying the standards in accordance with which the review was conducted; and
c
a clear statement as to whether, in the auditor’s opinion, the aggregate accounts have been properly prepared in accordance with the requirements of these Regulations, and whether those accounts are correctly aggregated.
3
The auditor’s report must state whether, in the auditor’s opinion, the annual report of the Council of Lloyd’s —
a
is consistent with the aggregate accounts for the same financial year; and
b
has been prepared in accordance with these Regulations.
4
The auditor’s report —
a
must be either unqualified or qualified; and
b
must include a reference to any matters to which the auditor wishes to draw attention by way of emphasis without qualifying the report.
Signature of auditor’s report
23
1
The auditor’s report must state the name of the auditor and be signed and dated.
2
Where the auditor is an individual, the report must be signed by that individual.
3
Where the auditor is a firm, the report must be signed by the senior statutory auditor in his own name, for and on behalf of the auditor.
Names to be stated in copies of auditor’s report published or filed
24
1
Every copy of the auditor’s report which is published by or on behalf of the Council of Lloyd’s must —
a
state the name of the auditor and (where the auditor is a firm) the name of the person who signed it as senior statutory auditor; or
b
if the conditions in regulation 25 are met, state that a resolution has been passed and notified to the Authority in accordance with regulation 25(2)(b).
2
The copy of the auditor’s report delivered to the Authority must be signed and dated by the auditor.
3
For the purposes of this regulation, the Council is regarded as publishing the report if it publishes, issues, circulates or otherwise makes it available for public inspection in a manner calculated to invite members of the public generally, or any class of members of the public, to read it.
Circumstances in which names may be omitted
25
1
The auditor’s name, and (where the auditor is a firm) the name of the person who signed the report as senior statutory auditor, may be omitted from copies of the report circulated, published, issued or delivered where the conditions in paragraph (2) are met.
2
The conditions referred to in paragraph (1) are that the Council of Lloyd’s —
a
considering on reasonable grounds that statement of the name would create or be likely to create a serious risk that the auditor, senior statutory auditor, or any other person, would be subject to violence or intimidation, has resolved that the name should not be stated; and
b
has given notice of the resolution to the Authority, stating —
i
the year to which the report relates; and
ii
the name of the auditor and (where the auditor is a firm) the name of the person who signed the report as senior statutory auditor.
Duties of auditors
26
1
The auditor of the aggregate accounts must, in preparing the auditor’s report, carry out such investigations as will enable the auditor to form an opinion as to whether the aggregate accounts are properly prepared and a correct aggregation of the syndicate accounts which have been cumulated to prepare them.
2
If the auditor is of the opinion that the aggregate accounts are not properly prepared or not a correct aggregation of the syndicate accounts which have been cumulated to prepare them, that fact must be stated in the auditor’s report.
3
If the auditor fails to obtain all the information and explanations which, to the best of the auditor’s knowledge and belief, are necessary for the purposes of the auditor’s report, that fact must be stated in the auditor’s report.
Aggregate accounts and annual report of Council to be delivered to the Authority and published
27
1
The Council of Lloyd’s must deliver to the Authority a copy of the aggregate accounts and its annual report on each financial year within 6 months from the end of that year.
2
The Council of Lloyd’s must —
a
make available, on reasonable notice, the latest aggregate accounts and its latest annual report for inspection by any person, without charge and during business hours, at the Council’s head office; and
b
supply to any person upon request a copy of those accounts or that report (or such part of them as may be requested) at a price not exceeding the administrative cost of making the copy.
Penalties for non-compliance
28
1
If the members of the Council of Lloyd’s fail to comply with the requirement in regulation 18(1) within the period referred to in regulation 18(3) to prepare aggregate accounts, every person who was a member of the Council of Lloyd’s immediately before the end of that period is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
If aggregate accounts which are approved under regulation 19 do not comply with the requirements of these Regulations, every member of the Council of Lloyd’s who —
a
knew that they did not comply, or was reckless as to whether they complied, and
b
failed to take reasonable steps to secure compliance with those requirements or, as the case may be, to prevent the accounts from being approved,
is guilty of an offence and liable on conviction on indictment to a fine, and on summary conviction to a fine not exceeding the statutory maximum.
3
In the case of failure to comply with the requirement in regulation 20 to prepare an annual report, every person who was a member of the Council of Lloyd’s immediately before the end of the period referred to in regulation 27(1) is guilty of an offence and liable on conviction on indictment to a fine, and on summary conviction to a fine not exceeding the statutory maximum.
4
If an annual report which is approved under regulation 21 does not comply with the requirements of these Regulations, every member of the Council of Lloyd’s who —
a
knew it did not comply, or was reckless as to whether it complied; and
b
failed to take reasonable steps to secure compliance with those requirements or, as the case may be, to prevent the report from being approved,
is guilty of an offence and liable on conviction on indictment to a fine, and on summary conviction to a fine not exceeding the statutory maximum.
5
If a copy of the auditor’s report is sent to the Authority or published without the statement required by regulation 24, every person who was a member of the Council of Lloyd’s at the time when the failure took place is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
6
In the event of failure to deliver a copy of the aggregate accounts and the report of the Council of Lloyd’s to the Authority under regulation 27, every person who was a member of the Council of Lloyd’s at the time when the failure took place is guilty of an offence and liable on conviction on indictment to a fine, and on summary conviction to a fine not exceeding the statutory maximum.
7
It is a defence for a person charged with an offence under this regulation to show that he or she took all reasonable steps for securing that the requirements in question would be complied with.
PART 4 Regulation by the Authority
Functions of the Authority
29
1
The Authority has responsibility for administering the system of regulation of Lloyd’s syndicates and the Council of Lloyd’s provided for by these Regulations.
2
Proceedings for an offence under these Regulations may be instituted only —
a
by the Authority or the Secretary of State; or
b
by or with the consent of the Director of Public Prosecutions.
3
In exercising its power to institute proceedings for an offence under these Regulations, the Authority must comply with any conditions or restrictions imposed in writing by the Treasury.
4
The Authority may increase any fee which it charges managing agents under the Financial Services and Markets Act 2000 to take account of the expenses incurred in carrying out its functions under these Regulations.
PART 5 Revocation and consequential provision
Revocation
30
The Insurance Accounts Directive (Lloyd’s Syndicate and Aggregate Accounts) Regulations 2004 are revoked, but continue to apply to financial years beginning on or before 1 January 2008.
Consequential amendment
31
1
In section 1210 of the 2006 Act (meaning of “statutory auditor” etc. ), for subsection (1)(e) substitute —
e
a person appointed as auditor for the purposes of regulation 5 of the Insurance Accounts Directive (Lloyd’s Syndicate and Aggregate Accounts) Regulations 2008 or appointed to report on the “aggregate accounts” within the meaning of those Regulations,
2
In relation to financial years beginning on or before 1st January 2008, subsection (1)(e) of that section is to continue to have effect without the substitution made by paragraph (1).
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2008


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2008 and shall come into force on the 1 st April 2008.
Amendment of Regulations
2
In regulation 10 of the Road Vehicles (Registration and Licensing) Regulations 2002 (registration and issue of registration document), in paragraph (1) for “£50” there shall be substituted “£55”.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
7th March 2008


text:
Citation and commencement
1
These Regulations may be cited as the Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008 and shall come into force on 25th February 2008.
Interpretation
2
1
In these Regulations –
“the 2002 Act ” means the Police Reform Act 2002 ;
“appropriate authority” means a person nominated by the Secretary of State;
“ the Commission ” means the Independent Police Complaints Commission established under section 9 of the 2002 Act ;
“ Complaints Regulations ” means the Police (Complaints and Misconduct) Regulations 2004 ;
“complaint” has the meaning given in section 12 of the 2002 Act for the purposes of these Regulations ;
“conduct matter” has the meaning given in section 12 of the 2002 Act for the purposes of these Regulations;
“death and serious injury matter” and “DSI matter” have the meaning given in section 12 of the 2002 Act;
“immigration decision” has the meaning given in section 82(2) of the Nationality, Immigration and Asylum Act 2002 ; and
“ Staff Conduct Regulations ” means the Independent Police Complaints Commission (Staff Conduct) Regulations 2004 .
2
In these Regulations “specified enforcement functions” means subject to paragraphs (3) and (4) —
a
powers of entry;
b
powers to search persons and property;
c
powers to seize or detain property;
d
powers to arrest persons;
e
powers to detain persons;
f
powers to examine persons or otherwise obtain information (including powers to take fingerprints or to acquire other personal data); and
g
powers in connection with the removal of persons from the United Kingdom.
3
The following shall not be regarded as an enforcement function —
i
the making of an immigration decision;
ii
the making of any decision to grant or refuse asylum; or
iii
the giving of any direction to remove persons from the United Kingdom.
4
For the avoidance of doubt, references to “specified enforcement functions” include their exercise in connection with any authorisation granted under Part 2 of the Regulation of Investigatory Powers Act 2000 .
Conferral of functions on the Independent Police Complaints Commission
3
1
Subject to regulation 4,the Commission shall have functions in relation to the exercise (in, or in relation to, England and Wales) by —
a
immigration officers of the enforcement functions specified in paragraph (2), and
b
officials of the Secretary of State of the enforcement functions specified in paragraph (2) when carried out in relation to immigration or asylum.
2
Subject to paragraphs (3) and (4) the enforcement functions are —
a
powers of entry;
b
powers to search persons and property;
c
powers to seize or detain property;
d
powers to arrest persons;
e
powers to detain persons;
f
powers to examine persons or otherwise obtain information (including powers to take fingerprints or to acquire other personal data); and
g
powers in connection with the removal of persons from the United Kingdom.
3
The following shall not be regarded as an enforcement function —
i
the making of an immigration decision;
ii
the making of any decision to grant or refuse asylum; or
iii
the giving of directions to remove persons from the United Kingdom.
4
For the avoidance of doubt, the enforcement functions specified in paragraph (2) include their exercise in connection with any authorisation granted under Part 2 of the Regulation of Investigatory Powers Act 2000.
4
The Commission shall not have functions in relation to —
a
a complaint relating to the conduct of an immigration officer exercising specified enforcement functions or an official of the Secretary of State exercising specified enforcement functions in relation to immigration or asylum,
b
a conduct matter relating to the conduct of an immigration officer exercising specified enforcement functions or an official of the Secretary of State exercising specified enforcement functions in relation to immigration or asylum, or
c
a DSI matter relating to an immigration officer exercising specified enforcement functions or an official of the Secretary of State exercising specified enforcement functions in relation to immigration or asylum,
where the conduct or matter is alleged to have occurred before 1st April 2007.
Application of provisions of the 2002 Act with modifications
5
For the purposes of the Commission exercising the functions conferred on it by regulation 3(1) —
a
Part 2 of the 2002 Act (complaints and misconduct) shall apply and have effect with the modifications made by Schedule 1; and
b
Schedule 3 to the 2002 Act (handling of complaints and conduct matters etc ) shall apply and have effect with the modifications made by Schedule 2.
Application of other provisions with modifications
6
For the purposes of the Commission exercising the functions conferred on it by regulation 3(1) —
a
the Complaints Regulations shall apply and have effect with the modifications made by Schedule 3;
b
the Staff Conduct Regulations shall apply and have effect with the modifications made by Schedule 4;
c
the Independent Police Complaints Commission (Investigatory Powers) Order 2004 shall apply; and
d
the Regulation of Investigatory Powers (Communications Data) Order 2003 shall apply in so far as it makes provision in respect of the Commission.
Disclosure of Information
7
Where the Commission, or any person acting on its behalf, obtains information in the course of performing a function conferred on it by regulation 3(1) they may not disclose it except as permitted by Part 2 of the 2002 Act or the Complaints Regulations as modified by Schedule 1 and Schedule 3 respectively.
Use of Information
8
Where the Commission, or any person acting on its behalf, obtains information in the course of performing a function conferred on it by regulation 3(1) they may not use it for any purpose other than the performance of a function under these Regulations.
Signed by authority of the Secretary of State
Liam Byrne
Minister of State
Home Office
31st January 2008


text:
PART 1 Introduction
Citation and commencement
1
These Regulations may be cited as the REACH Enforcement Regulations 2008 and come into force on 1st December 2008.
Interpretation
2
1
In these Regulations —
“a listed REACH provision” means a provision of REACH listed in the REACH table;
“REACH” means Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals ;
“the REACH table” means the table in Schedule 1 to these Regulations.
2
In these Regulations —
“authorised person” means a person authorised by an enforcing authority under regulation 10;
“competent authority” has the same meaning it has in REACH and in respect of the United Kingdom the authorities are —
in England, the Secretary of State;
in Scotland, the Scottish Ministers;
in Wales, the Welsh Ministers;
in Northern Ireland, the Department of Enterprise, Trade and Investment and the Department of the Environment acting alone or jointly; and
in relation to matters outside the competence of a devolved administration or the Assembly, the Secretary of State ;
“devolved administration or the Assembly” means the Scottish Ministers, the Welsh Ministers or the Northern Ireland Assembly;
“enforcement duty” means a duty placed on an enforcing authority under regulation 3;
“enforcing authority” means —
the Department of the Environment;
the Environment Agency;
the Health and Safety Executive;
the Health and Safety Executive for Northern Ireland;
a local (consumer safety) authority;
a local (health and safety) authority;
the Scottish Environment Protection Agency;
the Secretary of State;
“a local (consumer safety) authority” means —
in Greater London, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;
in England outside Greater London, a county council or, in relation to an area for which there is a district council but no county council, the district council, and the Council of the Isles of Scilly;
in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972 ;
in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
in Wales, a county council or county borough council;
“a local (health and safety) authority” means —
in Greater London, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;
in England, outside Greater London, a district council or, in relation to an area for which there is a county council but no district council, the county council, and the Council of the Isles of Scilly;
in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972;
in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
in Wales, a county council or county borough council;
“offshore installation” has the meaning given in section 44(1) of the Petroleum Act 1998 and “relevant waters” in relation to such an installation has the meaning given in section 44(4) of that Act;
“Scottish controlled waters” means any waters which are controlled waters within the meaning of section 30A(1) of the Control of Pollution Act 1974 , and in these Regulations, “Scotland” includes such waters.
3
Other expressions used in these Regulations which are used in REACH have the meaning they bear in REACH.
PART 2 Enforcement
Enforcement
3
1
An enforcing authority must enforce a listed REACH provision where it is named against that provision in the REACH table.
2
The duty in paragraph (1) is subject to the following provisions of this regulation and regulation 6.
3
The enforcement duty commences —
a
except for Article 67 of REACH, on 1st December 2008;
b
for Article 67, on 1st June 2009.
4
Except in relation to —
a
an offshore installation; or
b
a local (consumer safety) authority or a local (health and safety) authority,
the enforcement duty applies to an enforcing authority in the relevant part or parts of the United Kingdom shown at the head of the column in which the enforcing authority is named in the REACH table.
5
In relation to an offshore installation, the enforcement duty applies —
a
for an installation in relevant waters (except such waters adjacent to Northern Ireland) —
i
to the Health and Safety Executive; and
ii
except in Scottish controlled waters, to the Secretary of State,
where they are named under the column heading “Offshore Installations” in the REACH table;
b
for an installation in relevant waters adjacent to Northern Ireland —
i
to the Health and Safety Executive for Northern Ireland; and
ii
to the Secretary of State,
where they are named under the column heading “Offshore Installations” in the REACH table;
c
for an installation in Scottish controlled waters, to the Scottish Environment Protection Agency, where that Agency is named under the column heading “Scotland” in the REACH table.
6
For a local (consumer safety) authority or a local (health and safety) authority, the enforcement duty applies to the area of that authority.
7
The enforcement duty applies to an enforcing authority where enforcement of the listed REACH provision is a function of that authority.
8
The functions of an enforcing authority for the purposes of these Regulations are set out in Schedule 2 (functions of enforcing authorities).
Co-operation and information sharing
4
1
An enforcing authority must co-operate with —
a
other enforcing authorities;
b
a competent authority;
c
the equivalent of an enforcing authority in another member State; and
d
the European Chemicals Agency,
where this will facilitate compliance with, or the effective enforcement of, REACH in the European Union.
2
An enforcing authority must disclose to a person referred to in paragraph (1) information it holds in relation to compliance with, or the enforcement of, REACH where it believes —
a
it is reasonable for it to make that disclosure; and
b
the disclosure will facilitate compliance with, or the effective enforcement of, REACH in the European Union.
3
The Commissioners for Revenue and Customs may disclose to an enforcing authority information obtained or held by the Commissioners in exercise of their functions in relation to imports —
a
where the Commissioners believe it is appropriate to do so to facilitate the exercise of the duty of an enforcing authority under these Regulations; and
b
whether or not the information has been requested by the enforcing authority.
Enforcement agreements
5
1
This regulation applies to agreements between an enforcing authority (“A”) and another enforcing authority (“B”) intended to facilitate the carrying out of an enforcement duty, or part of it.
2
A may agree arrangements with B for B to carry out on A’s behalf any matters in relation to an enforcement duty that applies to A.
3
Where an enforcement duty applies to both A and B, they may agree arrangements for performance of that duty to be divided between them in such a way as they consider to be administratively convenient.
4
An agreement in respect of the matters in paragraph (2) or (3) —
a
may deal with more than one listed REACH provision;
b
must be in writing;
c
must give sufficient particulars of the matters to which it relates; and
d
may be made subject to limitations and conditions.
5
Such an agreement —
a
may be varied in writing by the parties, acting jointly;
b
may be revoked by any party on sixty days notice in writing to the other party or parties to the agreement.
Health and safety enforcement
6
1
This regulation applies where a local (health and safety) authority and the Executive are jointly under an enforcement duty, whether or not any other enforcing authority is also under an enforcement duty in respect of the same listed REACH provision.
2
Schedule 3 (health and safety enforcement) has effect.
3
In circumstances not provided for under Schedule 3, the Executive must perform the joint duty on behalf of a local (health and safety) authority.
4
The arrangements under Schedule 3 and the arrangement under paragraph (3) may be varied by an enforcement agreement made in accordance with regulation 5.
5
In this regulation “the Executive” means —
a
in Great Britain, the Health and Safety Executive;
b
in Northern Ireland, the Health and Safety Executive for Northern Ireland.
PART 3 Exemptions
Defence
7
1
A person is exempt from compliance with a listed REACH provision if that person —
a
has the benefit of a defence exemption certificate made by the Secretary of State in respect of that provision; or
b
can demonstrate that the appropriate authorities of another member State have exempted that person from compliance in the interests of defence.
2
Schedule 4 (defence exemption certificates) has effect.
Marketing and use of leaded paint
8
A person who markets or uses leaded paint does not breach the restriction on the marketing and use of leaded paint provided for by Article 67 of REACH where that person complies with the provisions of Schedule 5 (marketing and use of leaded paint).
PART 4 Enforcement powers and civil proceedings
Enforcement powers
9
1
Schedule 6 (powers of enforcement) has effect.
2
To facilitate the exercise of a duty of an enforcing authority under these Regulations, an officer of Revenue and Customs may detain, for not more than two working days, an article or substance which has been imported.
3
Anything detained must be dealt with in such manner as the Commissioners for Revenue and Customs may direct.
4
In paragraph (2), the reference to two working days has the meaning given in section 25A of the Health and Safety at Work etc Act 1974 (power of customs officer to detain articles and substances).
Authorised persons
10
1
An enforcing authority may authorise in writing such persons who appear suitable to act on its behalf (“authorised persons”), subject to any limitations or conditions as the enforcing authority sees fit.
2
Where —
a
a person has been authorised by an enforcing authority under a provision relevant to that authority listed in Schedule 7 (authorisations); and
b
unless the enforcing authority provides to the contrary,
that person is an authorised person for the purposes of paragraph (1) in respect of that authority.
PART 5 Offences and penalties
CHAPTER 1
Offences and penalties in relation to a listed REACH provision and Schedules 4 and 5
Offences
11
1
Except in relation to Article 67 of REACH, it is an offence for a person to contravene a listed REACH provision or cause or permit another person to do so.
2
On and after 1st June 2009, it is an offence for a person to contravene Article 67 of REACH or cause or permit another person to do so.
3
It is an offence for a person when subject to paragraph 6 of Schedule 4 (defence exemption certificates) —
a
to provide a false certificate or copy; or
b
to fail to provide when requested, as appropriate —
i
the defence exemption certificate;
ii
a copy of the certificate made by the Secretary of State; or
iii
a copy of an extract of the certificate made by the Secretary of State,
or cause or permit another person to do so.
4
On and after 1st June 2009, it is an offence for a person to contravene paragraph 5(b) or 6 of Part 1 of Schedule 5 (marketing and use of leaded paint) or cause or permit another person to do so.
Penalties
12
Any person guilty of an offence under regulation 11 is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months, or both;
b
on conviction on indictment, to a fine or to imprisonment not exceeding two years, or both.
CHAPTER 2
Other offences and penalties
Offences
13
1
It is an offence for a person —
a
intentionally to obstruct an authorised person in the exercise or performance of the powers or duties of the authorised person; or
b
to make a statement —
i
which that person knows to be false or misleading in a material particular; or
ii
recklessly and which is false or misleading in a material particular,
where the statement is made in purported compliance with a listed REACH provision or with a requirement to furnish any information imposed by or under these Regulations.
2
Where an authorised person exercises the powers in Schedule 6 (powers of enforcement), it is an offence for a person —
a
to fail to comply with —
i
any requirement imposed by or made under those powers;
ii
a notice described in that Schedule;
b
to fail or refuse —
i
to provide facilities or assistance; or
ii
to permit any inspection,
when reasonably required by an authorised person;
or
c
to prevent any other person from appearing before an authorised person, or answering any question to which an authorised person may require an answer.
3
It is a defence for a person charged with an offence under paragraph (2) to prove that they had a reasonable excuse for the matters with which they are charged.
4
It is an offence for a person to pretend to be an authorised person.
5
It is an offence for a person to disclose the information described in paragraph (6) where —
a
that person received that information from the Commissioners for Revenue and Customs; and
b
the disclosure has not been made —
i
with the prior consent of the Commissioners; or
ii
pursuant to a legal obligation.
6
The information referred to in paragraph (5) is information which relates to a person whose identity —
a
is specified in the disclosure; or
b
may be deduced from the disclosure,
but excludes information about internal administrative arrangements of Her Majesty’s Revenue and Customs (whether relating to Commissioners, officers or others).
7
It is a defence for a person charged with an offence under paragraph (5) to prove that they believed that —
a
the disclosure was lawful; or
b
the information had already and lawfully been made available.
8
In this regulation, “powers or duties” includes powers or duties exercisable by virtue of a warrant.
Penalties
14
1
A person guilty of an offence under regulation 13 is liable —
a
on summary conviction to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months, or both;
b
on conviction on indictment, to a fine or to imprisonment not exceeding two years, or both.
CHAPTER 3
Bodies corporate, Scottish partnerships and remediation
Bodies corporate and Scottish partnerships
15
1
Where an offence under this Part is committed by a body corporate and —
a
it is committed with the consent or connivance of an officer; or
b
it is attributable to any neglect on the officer’s part,
the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
“Officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
3
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts or defaults of a member in connection with that member’s functions of management as if the member were a director of the body corporate.
4
Where an offence under this Part is committed by a Scottish partnership and —
a
it is committed with the consent or connivance of a partner; or
b
it is attributable to any neglect on the partner’s part,
the partner as well as the partnership is guilty of the offence and is liable to be proceeded against and punished accordingly.
5
In paragraph (4) “partner” includes a person purporting to act as a partner.
Power of court to order cause of offence to be remedied
16
1
Paragraph (2) applies where a person is convicted of an offence under this Part in respect of any matters which appear to the court to be matters which it is in that person’s power to remedy.
2
Where paragraph (1) applies, the court may order the person convicted —
a
in addition to or instead of imposing any punishment; and
b
within such time as may be fixed by the order,
to take such steps as may be specified in the order for remedying the matters in respect of which the person was convicted.
3
The time fixed by an order under paragraph (2) may be extended or further extended by order of the court on an application made before the end of the time as originally fixed or extended under this paragraph, as the case may be.
4
Where a person is ordered under paragraph (2) to remedy any matters, that person is not liable under regulation 11 or 13 in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under paragraph (3).
CHAPTER 4
Matters in relation to criminal proceedings
Appearance of authorised persons before a court of summary jurisdiction
17
1
Where an authorised person is authorised in that behalf by —
a
the Health and Safety Executive; or
b
the Health and Safety Executive for Northern Ireland;
that person may, although not of counsel or a solicitor, prosecute before a court of summary jurisdiction proceedings for an offence committed under regulation 11 or 13.
2
Paragraph (1) does not apply in Scotland.
Criminal proceedings under regulation 11 or 13
18
1
No criminal proceedings for an offence under regulation 11 or 13 may, in England and Wales, be instituted except —
a
by an enforcing authority; or
b
by or with the consent of the Director of Public Prosecutions.
2
No criminal proceedings for an offence under regulation 11 or 13 may be instituted in Northern Ireland except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
Criminal proceedings against the Crown
19
1
No contravention by the Crown of these Regulations makes the Crown criminally liable but the High Court or, in Scotland, the Court of Session, may on the application of an enforcing authority declare unlawful any act or omission of the Crown which constitutes a contravention of these Regulations.
2
Notwithstanding paragraph (1), these Regulations apply to persons in the public service of the Crown as they apply to other persons.
CHAPTER 5
Civil Proceedings
Proceedings before a civil court
20
If an enforcing authority is of the opinion that proceedings against a person for an offence under this Part would afford an ineffectual remedy against that person, the enforcing authority may take civil proceedings against that person for the purpose of seeking such remedy as the enforcing authority believes is appropriate in the circumstances.
PART 6 Appeals against notices and service of documents
Appeals against notices
21
1
Where a person is served with a notice described in paragraph (2), that person may appeal that notice.
2
The following Parts of Schedule 8 (appeals) provide for the appeals procedure applicable to the notices described —
a
Part 1, for a notice served under section 4 of Part 1 of Schedule 6 (powers of enforcement) by the Environment Agency, the Scottish Environment Protection Agency or the Department of the Environment except a notice described in paragraph 27 of that section;
b
Part 2, for a notice served under section 2 of Part 2 of Schedule 6 by the Health and Safety Executive, the Health and Safety Executive for Northern Ireland or a local (health and safety) authority;
c
Part 3, for a notice served under section 2 of Part 3 of Schedule 6 by a local (consumer safety) authority;
d
Part 4, for a notice served under section 2 of Part 4 of Schedule 6 by the Secretary of State.
Service of documents
22
Schedule 9 (service of documents) has effect.
PART 7 Revocations and amendments
Revocations and amendments
23
Schedule 10 (revocations and amendments) has effect.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
1st November 2008


text:
Title, application and commencement
1
These Regulations may be cited as the Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (England) Regulations 2008, apply in relation to England only and come into force on 1st July 2008.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act;
“the Council Regulation ” means Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) ;
“the Commission Regulation ” means Commission Regulation ( EC ) No.445/2007 laying down certain detailed rules for the application of Council Regulation (EC) No. 2991/94 laying down standards for spreadable fats and of Council Regulation (EEC) No. 1898/87 on the protection of designations used in the marketing of milk and milk products ;
“Community provision” means a provision referred to in regulation 6(2);
“food authority” has the meaning it bears by virtue of section 5(1) of the Act, except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple);
“sell” includes possess for sale, and offer, expose or advertise for sale;
“sell by retail” means to sell to a person who is not buying for the purpose of re-sale;
“vitamin A” means vitamin A present as such or as its esters and includes beta-carotene on the basis that 6 micrograms of beta-carotene or 12 micrograms of other biologically active carotenoids equal one microgram of retinol equivalent;
“vitamin D” means the anti-rachitic vitamins.
2
Other expressions used in these Regulations and in the Council Regulation or the Commission Regulation have the same meaning in these Regulations as they have in the Council Regulation or the Commission Regulation.
Exemptions from these Regulations
3
1
Except where paragraph (2) applies, unless and until there is a decision by the EEA Joint Committee to amend the EEA Agreement under Article 98 so as to refer to the Council Regulation and the Commission Regulation, these Regulations shall not apply in respect of any spreadable fat to which the EEA Agreement applies and which —
a
is brought into England —
i
from an EEA State (other than a member State) in which it was lawfully produced and sold, or
ii
from another part of the United Kingdom if that spreadable fat was brought there from such an EEA State; and
b
is suitably labelled to indicate the nature of the spreadable fat.
2
Regulation 4 does not apply in respect of any margarine which —
a
is brought into England —
i
from an EEA State (other than the United Kingdom) in which it was lawfully produced and sold,
ii
from a member State (other than the United Kingdom) in which it was in free circulation and lawfully sold, or
iii
from another part of the United Kingdom in which it was lawfully produced and sold or in free circulation and lawfully sold; and
b
is suitably labelled to indicate the nature of the margarine.
3
For the purposes of paragraph (2), “free circulation” has the meaning it bears in Article 23(2) of the Treaty establishing the European Community.
Vitamin content of margarine
4
No person may sell by retail any margarine unless it contains in every 100 grams —
a
not less than 800 micrograms and not more than 1,000 micrograms of vitamin A, and
b
not less than 7.05 micrograms and not more than 8.82 micrograms of vitamin D,
and a proportionate amount in any part of 100 grams.
Enforcement
5
Each food authority in its area shall execute and enforce the Community provisions and these Regulations.
Offences and penalty
6
1
Any person who contravenes or fails to comply with —
a
regulation 4; or
b
any Community provision,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
The Community provisions are —
a
Article 114(1) of the Council Regulation (prescribed descriptions for milk and milk products) as read with Annex XII to that Regulation;
b
Article 115 of the Council Regulation (marketing standards applying to spreadable fats, including compositional criteria for reserved descriptions), as read with —
i
Annex XV to the Council Regulation,
ii
Article 1 of and Annex I to the Commission Regulation, or
iii
Article 2 of and Annex II to the Commission Regulation; and
c
Article 3 of the Commission Regulation (requirements relating to the use of the designation “butter” for composite products) as read with Annex III to that Regulation.
Application of various provisions of the Act
7
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 is to be construed as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc );
b
section 3 (presumptions that food intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence), as it applies for the purposes of section 14 or 15;
e
section 22 (defence of publication in the course of a business);
f
section 30(8) (which relates to documentary evidence);
g
section 33 (obstruction of officers);
h
section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2);
i
section 36 (offences by bodies corporate); and
j
section 36A (offences by Scottish partnerships).
2
Section 44 (protection of officers acting in good faith) of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference to the Act in that section shall be construed for the purposes of these Regulations as including a reference to the Community provisions.
Revocations
8
The following instruments are revoked —
a
The Milk and Milk Products (Protection of Designations) Regulations 1990 , in so far as they apply in relation to England;
b
The Spreadable Fats (Marketing Standards) (England) Regulations 1999 ;
c
The Spreadable Fats (Marketing Standards) (England) (Amendment) Regulations 2007 .
Signed by Authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
13th May 2008