type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Control of Noise at Work Regulations 2005 and shall come into force on 6th April 2006, except that —
a
for the music and entertainment sectors only they shall not come into force until 6th April 2008; and
b
subject to regulation 3(4), regulation 6(4) shall not come into force in relation to the master and crew of a seagoing ship until 6th April 2011.
Interpretation
2
1
In these Regulations —
“daily personal noise exposure” means the level of daily personal noise exposure of an employee as ascertained in accordance with Schedule 1 Part 1, taking account of the level of noise and the duration of exposure and covering all noise;
“emergency services” include —
police, fire, rescue and ambulance services;
Her Majesty’s Coastguard;
“enforcing authority” means the Executive or local authority, determined in accordance with the provisions of the Health and Safety (Enforcing Authority) Regulations 1998 ;
“the Executive” means the Health and Safety Executive;
“exposure limit value” means the level of daily or weekly personal noise exposure or of peak sound pressure set out in regulation 4 which must not be exceeded;
“health surveillance” means assessment of the state of health of an employee, as related to exposure to noise;
“lower exposure action value” means the lower of the two levels of daily or weekly personal noise exposure or of peak sound pressure set out in regulation 4 which, if reached or exceeded, require specified action to be taken to reduce risk;
“the music and entertainment sectors” mean all workplaces where —
live music is played; or
recorded music is played in a restaurant, bar, public house, discotheque or nightclub, or alongside live music or a live dramatic or dance performance;
“noise” means any audible sound;
“peak sound pressure” means the maximum sound pressure to which an employee is exposed, ascertained in accordance with Schedule 2;
“risk assessment” means the assessment of risk required by regulation 5;
“upper exposure action value” means the higher of the two levels of daily or weekly personal noise exposure or of peak sound pressure set out in regulation 4 which, if reached or exceeded, require specified action to be taken to reduce risk;
“weekly personal noise exposure” means the level of weekly personal noise exposure as ascertained in accordance with Schedule 1 Part 2, taking account of the level of noise and the duration of exposure and covering all noise; and
“working day” means a daily working period, irrespective of the time of day when it begins or ends, and of whether it begins or ends on the same calendar day.
2
In these Regulations, a reference to an employee being exposed to noise is a reference to the exposure of that employee to noise which arises while he is at work, or arises out of or in connection with his work.
Application
3
1
These Regulations shall have effect with a view to protecting persons against risk to their health and safety arising from exposure to noise at work.
2
Where a duty is placed by these Regulations on an employer in respect of his employees, the employer shall, so far as is reasonably practicable, be under a like duty in respect of any other person at work who may be affected by the work carried out by the employer except that the duties of the employer —
a
under regulation 9 (health surveillance) shall not extend to persons who are not his employees; and
b
under regulation 10 (information, instruction and training) shall not extend to persons who are not his employees, unless those persons are present at the workplace where the work is being carried out.
3
These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and an employee, except that regulation 9 shall not apply to a self-employed person.
4
These Regulations shall not apply to the master or crew of a ship or to the employer of such persons in respect of the normal shipboard activities of a ship’s crew which are carried out solely by the crew under the direction of the master, and for the purposes of this paragraph “ship” includes every description of vessel used in navigation, other than a ship forming part of Her Majesty’s Navy.
Exposure limit values and action values
4
1
The lower exposure action values are —
a
a daily or weekly personal noise exposure of 80 dB (A-weighted); and
b
a peak sound pressure of 135 dB (C-weighted).
2
The upper exposure action values are —
a
a daily or weekly personal noise exposure of 85 dB (A-weighted); and
b
a peak sound pressure of 137 dB (C-weighted).
3
The exposure limit values are —
a
a daily or weekly personal noise exposure of 87 dB (A-weighted); and
b
a peak sound pressure of 140 dB (C-weighted).
4
Where the exposure of an employee to noise varies markedly from day to day, an employer may use weekly personal noise exposure in place of daily personal noise exposure for the purpose of compliance with these Regulations.
5
In applying the exposure limit values in paragraph (3), but not in applying the lower and upper exposure action values in paragraphs (1) and (2), account shall be taken of the protection given to the employee by any personal hearing protectors provided by the employer in accordance with regulation 7(2).
Assessment of the risk to health and safety created by exposure to noise at the workplace
5
1
An employer who carries out work which is liable to expose any employees to noise at or above a lower exposure action value shall make a suitable and sufficient assessment of the risk from that noise to the health and safety of those employees, and the risk assessment shall identify the measures which need to be taken to meet the requirements of these Regulations.
2
In conducting the risk assessment, the employer shall assess the levels of noise to which workers are exposed by means of —
a
observation of specific working practices;
b
reference to relevant information on the probable levels of noise corresponding to any equipment used in the particular working conditions; and
c
if necessary, measurement of the level of noise to which his employees are likely to be exposed,
and the employer shall assess whether any employees are likely to be exposed to noise at or above a lower exposure action value, an upper exposure action value, or an exposure limit value.
3
The risk assessment shall include consideration of —
a
the level, type and duration of exposure, including any exposure to peak sound pressure;
b
the effects of exposure to noise on employees or groups of employees whose health is at particular risk from such exposure;
c
so far as is practicable, any effects on the health and safety of employees resulting from the interaction between noise and the use of ototoxic substances at work, or between noise and vibration;
d
any indirect effects on the health and safety of employees resulting from the interaction between noise and audible warning signals or other sounds that need to be audible in order to reduce risk at work;
e
any information provided by the manufacturers of work equipment;
f
the availability of alternative equipment designed to reduce the emission of noise;
g
any extension of exposure to noise at the workplace beyond normal working hours, including exposure in rest facilities supervised by the employer;
h
appropriate information obtained following health surveillance, including, where possible, published information; and
i
the availability of personal hearing protectors with adequate attenuation characteristics.
4
The risk assessment shall be reviewed regularly, and forthwith if —
a
there is reason to suspect that the risk assessment is no longer valid; or
b
there has been a significant change in the work to which the assessment relates,
and where, as a result of the review, changes to the risk assessment are required, those changes shall be made.
5
The employees concerned or their representatives shall be consulted on the assessment of risk under the provisions of this regulation.
6
The employer shall record —
a
the significant findings of the risk assessment as soon as is practicable after the risk assessment is made or changed; and
b
the measures which he has taken and which he intends to take to meet the requirements of regulations 6, 7 and 10.
Elimination or control of exposure to noise at the workplace
6
1
The employer shall ensure that risk from the exposure of his employees to noise is either eliminated at source or, where this is not reasonably practicable, reduced to as low a level as is reasonably practicable.
2
If any employee is likely to be exposed to noise at or above an upper exposure action value, the employer shall reduce exposure to as low a level as is reasonably practicable by establishing and implementing a programme of organisational and technical measures, excluding the provision of personal hearing protectors, which is appropriate to the activity.
3
The actions taken by the employer in compliance with paragraphs (1) and (2) shall be based on the general principles of prevention set out in Schedule 1 to the Management of Health and Safety Regulations 1999 and shall include consideration of —
a
other working methods which reduce exposure to noise;
b
choice of appropriate work equipment emitting the least possible noise, taking account of the work to be done;
c
the design and layout of workplaces, work stations and rest facilities;
d
suitable and sufficient information and training for employees, such that work equipment may be used correctly, in order to minimise their exposure to noise;
e
reduction of noise by technical means;
f
appropriate maintenance programmes for work equipment, the workplace and workplace systems;
g
limitation of the duration and intensity of exposure to noise; and
h
appropriate work schedules with adequate rest periods.
4
The employer shall —
a
ensure that his employees are not exposed to noise above an exposure limit value; or
b
if an exposure limit value is exceeded forthwith —
i
reduce exposure to noise to below the exposure limit value;
ii
identify the reason for that exposure limit value being exceeded; and
iii
modify the organisational and technical measures taken in accordance with paragraphs (1) and (2) and regulations 7 and 8(1) to prevent it being exceeded again.
5
Where rest facilities are made available to employees, the employer shall ensure that exposure to noise in these facilities is reduced to a level suitable for their purpose and conditions of use.
6
The employer shall adapt any measure taken in compliance with the requirements of this regulation to take account of any employee or group of employees whose health is likely to be particularly at risk from exposure to noise.
7
The employees concerned or their representatives shall be consulted on the measures to be taken to meet the requirements of this regulation.
Hearing Protection
7
1
Without prejudice to the provisions of regulation 6, an employer who carries out work which is likely to expose any employees to noise at or above a lower exposure action value shall make personal hearing protectors available upon request to any employee who is so exposed.
2
Without prejudice to the provisions of regulation 6, if an employer is unable by other means to reduce the levels of noise to which an employee is likely to be exposed to below an upper exposure action value, he shall provide personal hearing protectors to any employee who is so exposed.
3
If in any area of the workplace under the control of the employer an employee is likely to be exposed to noise at or above an upper exposure action value for any reason the employer shall ensure that —
a
the area is designated a Hearing Protection Zone;
b
the area is demarcated and identified by means of the sign specified for the purpose of indicating that ear protection must be worn in paragraph 3.3 of Part II of Schedule 1 to the Health and Safety (Safety Signs and Signals) Regulations 1996 ; and
c
access to the area is restricted where this is practicable and the risk from exposure justifies it,
and shall ensure so far as is reasonably practicable that no employee enters that area unless that employee is wearing personal hearing protectors.
4
Any personal hearing protectors made available or provided under paragraphs (1) or (2) of this regulation shall be selected by the employer —
a
so as to eliminate the risk to hearing or to reduce the risk to as low a level as is reasonably practicable; and
b
after consultation with the employees concerned or their representatives
Maintenance and use of equipment
8
1
The employer shall —
a
ensure so far as is practicable that anything provided by him in compliance with his duties under these Regulations to or for the benefit of an employee, other than personal hearing protectors provided under regulation 7(1), is fully and properly used; and
b
ensure that anything provided by him in compliance with his duties under these Regulations is maintained in an efficient state, in efficient working order and in good repair.
2
Every employee shall —
a
make full and proper use of personal hearing protectors provided to him by his employer in compliance with regulation 7(2) and of any other control measures provided by his employer in compliance with his duties under these Regulations; and
b
if he discovers any defect in any personal hearing protectors or other control measures as specified in sub-paragraph (a) report it to his employer as soon as is practicable.
Health Surveillance
9
1
If the risk assessment indicates that there is a risk to the health of his employees who are, or are liable to be, exposed to noise, the employer shall ensure that such employees are placed under suitable health surveillance, which shall include testing of their hearing.
2
The employer shall ensure that a health record in respect of each of his employees who undergoes health surveillance in accordance with paragraph (1) is made and maintained and that the record or a copy thereof is kept available in a suitable form.
3
The employer shall —
a
on reasonable notice being given, allow an employee access to his personal health record; and
b
provide the enforcing authority with copies of such health records as it may require.
4
Where, as a result of health surveillance, an employee is found to have identifiable hearing damage the employer shall ensure that the employee is examined by a doctor and, if the doctor or any specialist to whom the doctor considers it necessary to refer the employee considers that the damage is likely to be the result of exposure to noise, the employer shall —
a
ensure that a suitably qualified person informs the employee accordingly;
b
review the risk assessment;
c
review any measure taken to comply with regulations 6, 7 and 8, taking into account any advice given by a doctor or occupational health professional, or by the enforcing authority;
d
consider assigning the employee to alternative work where there is no risk from further exposure to noise, taking into account any advice given by a doctor or occupational health professional; and
e
ensure continued health surveillance and provide for a review of the health of any other employee who has been similarly exposed.
5
An employee to whom this regulation applies shall, when required by his employer and at the cost of his employer, present himself during his working hours for such health surveillance procedures as may be required for the purposes of paragraph (1).
Information, instruction and training
10
1
Where his employees are exposed to noise which is likely to be at or above a lower exposure action value, the employer shall provide those employees and their representatives with suitable and sufficient information, instruction and training.
2
Without prejudice to the generality of paragraph (1), the information, instruction and training provided under that paragraph shall include —
a
the nature of risks from exposure to noise;
b
the organisational and technical measures taken in order to comply with the requirements of regulation 6;
c
the exposure limit values and upper and lower exposure action values set out in regulation 4;
d
the significant findings of the risk assessment, including any measurements taken, with an explanation of those findings;
e
the availability and provision of personal hearing protectors under regulation 7 and their correct use in accordance with regulation 8(2);
f
why and how to detect and report signs of hearing damage;
g
the entitlement to health surveillance under regulation 9 and its purposes;
h
safe working practices to minimise exposure to noise; and
i
the collective results of any health surveillance undertaken in accordance with regulation 9 in a form calculated to prevent those results from being identified as relating to a particular person.
3
The information, instruction and training required by paragraph (1) shall be updated to take account of significant changes in the type of work carried out or the working methods used by the employer.
4
The employer shall ensure that any person, whether or not his employee, who carries out work in connection with the employer’s duties under these Regulations has suitable and sufficient information, instruction and training.
Exemption certificates from hearing protection
11
1
Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any person or class of persons from the provisions of regulation 6(4) and regulation 7(1) and (2) where because of the nature of the work the full and proper use of personal hearing protectors would be likely to cause greater risk to health or safety than not using such protectors, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant such an exemption unless —
a
it consults the employers and the employees or their representatives concerned;
b
it consults such other persons as it considers appropriate;
c
the resulting risks are reduced to as low a level as is reasonably practicable; and
d
the employees concerned are subject to increased health surveillance.
Exemption certificates for emergency services
12
1
Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any person or class of persons from the provisions of regulation 6(4) and regulation 7(1) to (3) in respect of activities carried out by emergency services which conflict with the requirements of any of those provisions, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant such an exemption unless it is satisfied that the health and safety of the employees concerned is ensured as far as possible in the light of the objectives of these Regulations.
Exemptions relating to the Ministry of Defence
13
1
Subject to paragraph (2), the Secretary of State for Defence may, by a certificate in writing, exempt any person or class of persons from the provisions of regulation 6(4) and regulation 7(1) to (3) in respect of activities carried out in the interests of national security which conflict with the requirements of any of those provisions, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Secretary of State shall not grant such an exemption unless he is satisfied that the health and safety of the employees concerned is ensured as far as possible in the light of the objectives of these Regulations.
Extension outside Great Britain
14
These Regulations shall apply to and in relation to any activity outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 2001 as those provisions apply within Great Britain.
Revocations, amendments and savings
15
1
In —
a
regulation 3(3)(e) of the Personal Protective Equipment at Work Regulations 1992 ; and
b
regulation 12(5)(d) of the Provision and Use of Work Equipment Regulations 1998 ,
for the reference in each case to the Noise at Work Regulations 1989 there shall be substituted a reference to these Regulations.
2
The revocations listed in Schedule 3 are made with effect from the coming into force of these Regulations.
3
In respect of the music and entertainment sectors only, the amendments and revocations in paragraphs (1) and (2) shall not come into force until 6th April 2008 and the provisions covered by those paragraphs shall continue in force, where applicable, until that date.
Signed by authority of the Secretary of State
Philip A.Hunt
Parliamentary Under-Secretary of State
Department for Work and Pensions
18th June 2005


text:
Title, application and commencement
1
These Regulations may be cited as the Meat (Official Controls Charges) (England) Regulations 2005, apply in relation to England only and come into force on 1st January 2006.
Interpretation
2
In these Regulations —
“accounting period” means a period of less than a year determined by the Agency;
“the Agency” means the Food Standards Agency;
“agreed slaughterhouse staff costs” means, in respect of any slaughterhouse at which poultry or lagomorphs are slaughtered —
the proportion (expressed as a sum of money) of the salaries (including overtime payments and employers' pension and National Insurance contributions) paid to the staff at that slaughterhouse in respect of an accounting period that the Agency and the operator of the slaughterhouse shall agree as being attributable to any such staff assisting with official controls by carrying out certain tasks there during that period under Article 5.6 of Regulation 854/2004; plus
25% of that sum;
“cutting plant” means an establishment which is used for boning and/or cutting up fresh meat for placing on the market and which —
is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31st December 2005, operating as licensed cutting premises under the Fresh Meat (Hygiene and Inspection) Regulations 1995 or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 ;
“cutting up” has the meaning that it bears in Regulation 853/2004 and “cut up” shall be construed accordingly;
“Directive 2004/41”, “Regulation 178/2002”, “Regulation 1642/2003”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004” and “Regulation 1688/2005” have the meanings respectively given to them in Schedule 1;
“employers' National Insurance contributions” means those social security contributions for which employers are liable under Part I of the Social Security Contributions and Benefits Act 1992 ;
“establishment” has the meaning given to it in Article 2.1(c) of Regulation 852/2004;
“food business operator” has the meaning given to it in Article 3.6 of Regulation 178/2002;
“fresh meat” has the meaning given to it in point 1.10 of Annex I to Regulation 853/2004;
“game” has the meaning that it bears in Regulation 853/2004;
“game-handling establishment” means any establishment in which game and game meat obtained after hunting are prepared for placing on the market and which —
is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31st December 2005, operating as a licensed wild game processing facility under the Wild Game (Hygiene and Inspection) Regulations 1995 ;
“game meat” has the meaning that it bears in Regulation 853/2004;
“lagomorph” shall be construed in accordance with the definition of the term “lagomorphs” in point 1.4 of Annex I to Regulation 853/2004;
“meat” has the meaning given to it in point 1.1 of Annex I to Regulation 853/2004;
“official controls” means the controls that the Agency performs under Regulation 854/2004 for the verification of compliance with —
Articles 3, 4.1(a), 5, 7 and (save insofar as it relates to minced meat and eggs) 8 of Regulation 853/2004; and
the requirements of the Welfare of Animals (Slaughter or Killing) Regulations 1995 insofar as such verification relates to the welfare of animals slaughtered for human consumption in slaughterhouses;
“official controls charge” means the charge calculated in accordance with Schedule 2 and notified in accordance with regulation 3(1), (2) or (3);
“operator” means a food business operator who is carrying on the business of a slaughterhouse, game–handling establishment or cutting plant or his duly authorised representative;
“placing on the market” has the meaning given to it in Article 3.8 of Regulation 178/2002;
“poultry” has the meaning given to it in point 1.3 of Annex I to Regulation 853/2004;
“premises” means any slaughterhouse, game–handling establishment or cutting plant;
“slaughterhouse” means an establishment used for slaughtering and dressing animals, the meat of which is intended for human consumption and which —
is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31st December 2005, operating as a licensed slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995 or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995; and
“verification” means checking, by examination and provision of objective evidence.
Charges
3
1
The Agency shall, subject to the following provisions of this regulation, notify the operator of each slaughterhouse, game–handling establishment and cutting plant in which official controls have been exercised in any accounting period of an official controls charge in respect of those official controls as soon as practicable after the end of that period.
2
Where the Agency cannot comply with paragraph (1) because it has insufficient information available to it to enable it to calculate the official controls charge for any accounting period in respect of any such premises as are specified in that paragraph, it shall notify the operator of those premises of an interim charge, being such amount as the Agency estimates (having regard to the information it has) the official controls charge to be.
3
Where the Agency has notified an operator of an interim charge in accordance with paragraph (2), and sufficient information becomes available to the Agency to calculate the official controls charge, it shall calculate that charge and —
a
where it exceeds the interim charge, notify the operator of the final charge, being the amount by which the official controls charge exceeds the interim charge; or
b
subject to paragraph (6), where it is less than the interim charge, credit to the operator the amount by which the interim charge exceeds the official controls charge.
4
Any charge notified to an operator under paragraph (1), (2) or (3) shall be payable by him to the Agency on demand.
5
Where any agreed slaughterhouse staff costs have been used to calculate a charge falling to be notified under paragraph (1), (2) or (3), those costs shall be set off against the amount of that charge in calculating the actual charge notified thereunder, provided that no refund shall be made to the relevant operator.
6
Where under paragraph (3)(b) a sum is to be credited to an operator, the Agency may if it so determines pay such sum to the operator concerned instead of crediting it to him.
Withdrawal of official controls
4
Where the Agency has had judgment entered against an operator of any premises for any sum which is payable to it under regulation 3(4) and the operator fails within a reasonable time thereafter to satisfy the judgment, the Agency may (regardless of any other legal remedy open to it) refuse to exercise any further official controls at those premises until the judgment has been satisfied.
Information
5
1
Any person shall on demand being made by the Agency, supply —
a
such information as the Agency may reasonably require for the purpose of calculating the official controls charge or notifying an operator of it; and
b
such evidence as the Agency may reasonably require to enable it to verify information supplied under sub–paragraph (a).
2
Any person who —
a
in purported compliance with paragraph (1), knowingly or recklessly furnishes information which is false or misleading in a material particular; or
b
without reasonable excuse, fails to comply within a reasonable time with a demand made under that paragraph,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Revocation
6
The Meat (Hygiene and Inspection) (Charges) Regulations 1998 are revoked in so far as they apply in relation to England.
Signed by authority of the Secretary of State for Health
Caroline Flint
Parliamentary Under Secretary of State,
Department of Health
24th October 2005


text:
1
This Order may be cited as the A419 Trunk Road (Commonhead Junction Improvement and Slip Roads) Order 2005 and shall come into force on 20th July 2005.
2
In this Order —
1
all measurements of distance are measured along the routes of the relevant highways;
2
i
“the new main road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
ii
“the new trunk roads” means the new main road and the slip roads;
iii
“the plan” means the plan numbered HA10/MP/034 marked “The A419 Trunk Road (Commonhead Junction Improvement and Slip Roads) Order 2005”, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
iv
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order, and which connect the new main road with other highways at the places stated in that Schedule.
3
The new main road and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
John Sherwood
Acting Divisional Director Major Projects National Highways Agency
6th July 2005


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Fees for Assessment of Active Substances (Third Stage Review) Regulations 2005 and shall come into force on 17th February 2005.
2
In these Regulations a reference to a numbered Article or a numbered Annex shall be construed as a reference to the Article so numbered of or the Annex so numbered to Commission Regulation ( EC ) No. 1490/2002 laying down further detailed rules for the implementation of the third stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/ EEC and amending Regulation (EC) No. 451/2000 , as amended by Commission Regulation (EC) No. 1044/2003 and Commission Regulation (EC) No. 1744/2004 .
Fees payable for third stage reviews
2
1
The fees payable in relation to each submission in respect of each active substance for which the United Kingdom is the designated rapporteur Member State under Annex I shall be in accordance with this regulation.
2
The fee for the administrative treatment and checking of data lists submitted in accordance with Article 6 and conducting the completeness check of dossiers in accordance with Article 9 shall be £5,000.
3
The fee for the evaluation in accordance with Article 10 of a dossier submitted under Article 7 shall be £127,000.
4
The fees under this regulation shall be paid as indicated in Article 17(2)(c) and (d) and Annex IV.
3
The fee payable in relation to each active substance for which the United Kingdom is requested to act as co-rapporteur Member State under Article 10(2) shall be £10,000, payable to the United Kingdom as co-rapporteur in the same way as applies to the United Kingdom as rapporteur under regulation 2(4).
4
1
The fee, in relation to an active substance for which the United Kingdom is neither rapporteur nor co-rapporteur, for —
a
providing additional technical or scientific information to assist a rapporteur Member State in the evaluation of a dossier in accordance with Article 10,
b
assisting the European Food Safety Authority in its evaluation of the draft assessment report in accordance with Article 11, and
c
considering the Commission’s draft directive or decision in accordance with Article 12,
shall be £5,000 payable by the notifier to the United Kingdom in the same way as applies to the United Kingdom as rapporteur under regulation 2(4).
2
In this regulation "the notifier" has the same meaning as in Article 2.
Revocation
5
The Fees for Assessment of Active Substances (Third Stage Review) Regulations 2004 shall be revoked.
Alun Michael
Minister of State
Department for Environment, Food and Rural Affairs
24th January 2005


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Road Transport (Working Time) Regulations 2005 and shall come into force on 4th April 2005.
2
These Regulations extend to Great Britain only.
Interpretation
2
In these Regulations —
“ AETR ” means the European agreement concerning the work of crews of vehicles engaged in international road transport of 1st July 1970;
“collective agreement” means a collective agreement within the meaning of section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992 , the trade union parties to which are independent trade unions within the meaning of section 5 of that Act;
“the Community Drivers' Hours Regulation” means Council Regulation ( EEC ) No.3820/85 of 20th December 1985 on the harmonisation of certain social legislation relating to road transport;
“employer” in relation to a worker, means the person by whom the worker is (or, where the employment has ceased, was) employed;
“employment” in relation to a worker, means employment under his contract, and “employed” shall be construed accordingly;
“goods” includes goods or burden of any description;
“goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted;
“inspector” means a person appointed under paragraph 1 of Schedule 2;
“mobile worker” means any worker forming part of the travelling staff, including trainees and apprentices, who is in the service of an undertaking which operates transport services for passengers or goods by road for hire or reward or on its own account;
“night time” means in respect of goods vehicles the period between midnight and 4 a.m. and in respect of passenger vehicles the period between 1 a.m. and 5 a.m;
“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;
“night work” means any work performed during night time;
“passenger vehicle” means a motor vehicle which is constructed or adapted to carry more than eight seated passengers in addition to the driver;
“period of availability” means a period during which the mobile worker is not required to remain at his workstation, but is required to be available to answer any calls to start or resume driving or to carry out other work , including periods during which the mobile worker is accompanying a vehicle being transported by a ferry or by a train as well as periods of waiting at frontiers and those due to traffic prohibitions;
“reference period” means the period for calculation of the average maximum weekly working time;
“relevant requirements” means regulations 4(8), 7(5), 8(2), 9(4), 10, 11 and 12;
“self-employed driver” means anyone whose main occupation is to transport passengers or goods by road for hire or reward within the meaning of Community legislation under cover of a Community licence or any other professional authorisation to carry out such transport, who is entitled to work for himself and who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, who is free to organise the relevant working activities, whose income depends directly on the profits made and who has the freedom, individually or through a co-operation between self-employed drivers, to have commercial relations with several customers;
“vehicle” means a goods vehicle or a passenger vehicle;
“week” means a period of seven days beginning at midnight between Sunday and Monday;
“worker” means an individual who has entered into or works under (or, where employment has ceased, worked under) —
a contract of employment; or
any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract;
and any reference to a worker’s contract shall be construed accordingly;
“workforce agreement” means an agreement between an employer and mobile workers employed by him or their representatives in respect of which the conditions set out in Schedule 1 to these Regulations are satisfied;
“working time” means the time from the beginning to the end of work during which the mobile worker is at his workstation, at the disposal of his employer and exercising his functions or activities, being
time devoted to all road transport activities, including, in particular —
driving;
loading and unloading;
assisting passengers boarding and disembarking from the vehicle;
cleaning and technical maintenance;
all other work intended to ensure the safety of the vehicle, its cargo and passengers or to fulfil the legal or regulatory obligations directly linked to the specific transport operation under way, including monitoring of loading and unloading and dealing with administrative formalities with police, customs, immigration officers and others; or
time during which the mobile worker cannot dispose freely of his time and is required to be at his workstation, ready to take up normal work, with certain tasks associated with being on duty, in particular during periods awaiting loading or unloading where their foreseeable duration is not known in advance, that is to say either before departure or just before the actual start of the period in question, or under collective agreements or workforce agreements;
“workstation” means
the location of the main place of business of the undertaking for which the person performing mobile transport activities carries out duties, together with its various subsidiary places of business, regardless of whether they are located in the same place as its head office or its main place of business;
the vehicle which the person performing mobile road transport activities uses when he carries out duties; or
any other place in which activities connected with transport are carried out.
Application
3
1
These Regulations apply to mobile workers who are employed by, or who do work for, undertakings established in a Member State of the European Union, and to whom paragraph (2) or paragraph (3) applies.
2
This paragraph applies to mobile workers who in the course of that employment or work drive, or travel in, vehicles
a
which fall within the meaning of ‘vehicles’ in Article 1 of the Community Drivers' Hours Regulation;
b
which are not referred to in Article 4 of that Regulation; and
c
in respect of which exemption from provisions of the Community Drivers' Hours Regulation has not been granted by regulation 2 of the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 .
3
This paragraph applies to mobile workers, to whom paragraph (2) does not apply, who in the course of that employment or work drive, or travel in, vehicles
a
which fall within the meaning of a “vehicle” in Article 1 of the AETR;
b
which are not referred to in Article 2(2)(b) of the AETR; and
c
which are performing international transport.
4
These Regulations do not apply to —
a
self-employed drivers, or
b
any worker who does work which is included in the calculation of working time —
i
where the reference period is shorter than 26 weeks, on fewer than 11 days in a reference period applicable to that worker, or
ii
in any other case on fewer than 16 days in a reference period applicable to that worker.
Working time
4
1
Subject to paragraph (2) below, the working time, including overtime, of a mobile worker shall not exceed 60 hours in a week.
2
In any reference period which is applicable to his case, a mobile worker’s working time shall not exceed an average of 48 hours for each week.
3
The reference periods which apply in the case of a mobile worker shall be —
a
where a collective agreement or a workforce agreement provides for the application of this regulation in relation to successive periods of 17 weeks, each such period,
b
in a case where —
i
there is no such provision, and
ii
the employer gives written notice to the mobile worker in writing that he intends to apply this subparagraph,
any period of 17 weeks in the course of the worker’s employment, or
c
in any other case, the period ending at midnight between Sunday 31st July 2005 and Monday 1st August 2005 and thereafter, in each year, the successive periods beginning at midnight at the beginning of the Monday which falls on, or is the first Monday after, a date in column 1 below and ending at midnight at the beginning of the Monday which falls on, or is the first Monday after, the date on the same line in column 2 below.
Column 1 (beginning) Column 2 (end) 1st December 1st April 1st April 1st August 1st August 1st December
4
The reference period may be extended in relation to particular mobile workers or groups of mobile workers for objective or technical reasons or reasons concerning the organisation of work, by a collective agreement or a workforce agreement, by the substitution for 17 weeks of a period not exceeding 26 weeks in the application of paragraphs (2) and (3)(a) above.
5
A mobile worker’s average weekly working time during a reference period shall be determined according to the formula —
( A + B ) ÷ C
where —
A is the aggregate number of hours comprised in the mobile worker’s working time during the course of the reference period;
B is the number of excluded hours during the reference period; and
C is the number of weeks in the reference period.
6
In paragraph (5), “excluded hours” means hours comprised in —
a
any period of annual leave taken by the mobile worker in exercise of entitlement under regulation 13 of the Working Time Regulations 1998 ;
b
any period of sick leave taken by the mobile worker;
c
any period of maternity, paternity, adoption or parental leave taken by the mobile worker;
7
For the purposes of paragraph (5), the number of hours in a whole day shall be eight and the number of hours in a whole week shall be forty-eight.
8
An employer shall take all reasonable steps, in keeping with the need to protect the health and safety of the mobile worker, to ensure that the limits specified above are complied with in the case of each mobile worker employed by him.
5
The times of breaks, rests and periods of availability shall not be included in the calculation of working time.
Periods of availability
6
1
A period shall not be treated as a period of availability unless the mobile worker knows before the start of the relevant period about that period of availability and its reasonably foreseeable duration.
2
The time spent by a mobile worker, who is working as part of a team, travelling in, but not driving, a moving vehicle as part of that team shall be a period of availability for that mobile worker.
3
Subject to paragraph (4) a period of availability shall not include a period of rest or a break.
4
A period of availability may include a break taken by a mobile worker during waiting time or time which is not devoted to driving by the mobile worker and is spent in a moving vehicle, a ferry or a train.
Breaks
7
1
No mobile worker shall work for more than six hours without a break.
2
Where a mobile worker’s working time exceeds six hours but does not exceed nine hours, the worker shall be entitled to a break lasting at least 30 minutes and interrupting that time.
3
Where a mobile worker’s working time exceeds nine hours, the worker shall be entitled to a break lasting at least 45 minutes and interrupting that period.
4
Each break may be made up of separate periods of not less than 15 minutes each..
5
An employer shall take all reasonable steps, in keeping with the need to protect the health and safety of the mobile worker, to ensure that the limits specified above are complied with in the case of each mobile worker employed by him.
Rest periods
8
1
In the application of these Regulations, the provisions of the Community Drivers' Hours Regulation relating to daily and weekly rest shall apply to all mobile workers to whom they do not apply under that Regulation as they apply to other mobile workers under that Regulation.
2
An employer shall take all reasonable steps, in keeping with the need to protect the health and safety of the mobile worker, to ensure that those provisions are complied with in the case of each mobile worker employed by him, to whom they are applied by paragraph (1).
Night work
9
1
The working time of a mobile worker, who performs night work in any period of 24 hours, shall not exceed 10 hours during that period.
2
The period of 10 hours may be extended in relation to particular mobile workers or groups of mobile workers for objective or technical reasons or reasons concerning the organisation of work, by a collective agreement or a workforce agreement.
3
Compensation for night work shall not be given to a mobile worker in any manner which is liable to endanger road safety.
4
An employer shall take all reasonable steps in keeping with the need to protect the health and safety of mobile workers to ensure that the limit specified in paragraph (1), or extended in accordance with paragraph (2), is complied with in the case of each mobile worker employed by him.
Information and records
10
An employer of mobile workers shall notify each worker of the provisions of these Regulations and the provisions of any collective or workforce agreement which is capable of application to that worker
11
An employer of a mobile worker shall
a
request from each mobile worker details of any time worked by that worker for another employer;
b
include time worked for another employer in the calculation of the mobile worker’s working time;
c
keep records which are adequate to show whether the requirements of these Regulations are being complied with in the case of each mobile worker employed by him to whom they apply;
d
retain such records for at least two years after the end of the period covered by those records;
e
provide, at the request of a mobile worker, a copy of the record of hours worked by that worker;
f
provide to an enforcement officer copies of such records relating to mobile workers as the officer may require;
g
provide to a mobile worker or enforcement officer copies of such documentary evidence in the employer’s possession as may be requested by the worker or officer in relation to records provided to him in accordance with paragraph (e) or (f) above.
12
A mobile worker shall, at the request of his employer under regulation 11(a), notify his employer in writing of time worked by the worker for another employer for inclusion in the calculation of the mobile worker’s working time.
13
1
The Secretary of State shall arrange for the publication, in such form and manner as he considers appropriate, of information and advice concerning the operation of these Regulations.
2
The information and advice shall be such as appear to him best calculated to enable employers and workers affected by these Regulations to understand their respective rights and obligations.
Agency workers not otherwise mobile workers
14
1
This regulation applies in any case where an individual (“the agency worker”) —
a
is supplied by a person (“the agent”) to do the work of a mobile worker for another (“the principal”) under a contract or other arrangements made between the agent and the principal; but
b
is not, as respects that work, a worker, because of the absence of a worker’s contract between the individual and the agent or the principal; and
c
is not a party to a contract under which he undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer or any profession or business undertaking carried on by the individual.
2
In a case where this regulation applies, the other provisions of these Regulations shall have effect as if there were a contract for the doing of the work by the agency worker made between the agency worker and —
a
whichever of the agent and the principal is responsible for paying the agency worker in respect of the work; or
b
if neither the agent nor the principal is so responsible, whichever of them pays the agency worker in respect of the work,
c
and as if that person were the agency worker’s employer.
Individual carrying on trade or business
15
1
This regulation applies in any case where an individual, who is not a self-employed driver, drives a vehicle described in regulation 3(1)(b) for the purpose of a trade or business carried on by him.
2
Where this regulation applies —
a
subject to paragraph (b), the other provisions of these Regulations shall have effect as if —
i
the individual were a mobile worker, and
ii
the individual were the employer of that mobile worker;
b
regulations 10, 11(a) and (e) and 12 shall not have effect.
3
This regulation shall not apply in any case where regulation 14 applies.
Enforcement
16
1
It shall be the duty of the Secretary of State to enforce the requirements of these Regulations.
2
Schedule 2 shall apply in relation to the enforcement of the relevant requirements.
17
1
Any person who fails to comply with any of the relevant requirements shall be guilty of an offence.
2
The provisions of paragraph (3) shall apply where an inspector is exercising or has exercised any power conferred by Schedule 2.
3
It is an offence for a person —
a
to contravene any requirement imposed by an inspector under paragraph 2 of Schedule 2;
b
to prevent or attempt to prevent any other person from appearing before an inspector or from answering any question to which an inspector may by virtue of paragraph 2(2)(e) of Schedule 2 require an answer;
c
to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice referred to in paragraphs 3 and 4 of Schedule 2 (including any such notice as is modified on appeal);
d
intentionally to obstruct an inspector in the exercise or performance of his powers;
e
to use or disclose any information in contravention of paragraph 7 of Schedule 2;
f
to make a statement which he knows to be false or recklessly to make a statement which is false where the statement is made in purported compliance with a requirement to furnish any information imposed by or under these Regulations.
4
Any person guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
5
A person guilty of an offence under paragraph (3)(b) or (d) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6
A person guilty of an offence under paragraph (3)(c) shall be liable —
a
on summary conviction, to imprisonment for a term not exceeding three months, or a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine or both.
7
A person guilty of an offence under paragraph (3)(a),(e) or (f) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment —
i
if the offence is under paragraph (3)(e), to imprisonment for a term not exceeding two years or a fine or both,
ii
if the offence is under paragraph (3)(a) or (f), to a fine.
8
The provisions set out in regulations 18 to 22 shall apply in relation to the offences provided for in paragraphs (1) and (3).
Offences due to fault of other person
18
Where the commission by any person of an offence is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with the conviction of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.
Offences by bodies corporate
19
1
Where an offence committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the preceding paragraph shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Restriction on institution of proceedings in England and Wales
20
Proceedings for an offence shall not be instituted in England or Wales except by an inspector or by, or with the consent of, the Director of Public Prosecutions.
Prosecution by inspectors
21
1
If authorised in that behalf by the Secretary of State an inspector may prosecute proceedings for an offence before a magistrates court even though the inspector is not of counsel or a solicitor.
2
This regulation shall not apply in Scotland.
Power of court to order cause of offence to be remedied
22
1
This regulation applies where a person is convicted of an offence in respect of any matter which appears to the court to be a matter which it is in his power to remedy.
2
In addition to or instead of imposing any punishment, the court may order the person in question to take such steps as may be specified in the order for remedying the said matters within such time as may be fixed by the order.
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 that time as originally fixed or as extended under this paragraph, as the case may be.
4
Where a person is ordered under paragraph (2) to remedy any matters, that person shall not be liable under these Regulations in respect of that matter in so far as it continues during the time fixed by the order or any further time allowed under paragraph (3).
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State
10th March 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Incapacity Benefit Work-focused Interviews) Amendment (No. 2) Regulations 2005 and shall come into force on 31st October 2005.
2
In these Regulations, “the 2003 Regulations ” means the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003 .
3
The 2003 Regulations shall be amended in accordance with these Regulations.
Amendment of the definitions in the 2003 Regulations
2
In regulation 2 (interpretation) —
a
for the definition of “relevant person” there is substituted —
“relevant person” means —
a person to whom paragraph (b) does not apply and who —
resides in an area identified in —
Part 1 of the Schedule to these Regulations and who makes a claim for a specified benefit on or after 27th October 2003,
Part 2 of that Schedule and who makes such a claim on or after 5th April 2004,
Part 3 of that Schedule and who makes such a claim on or after 31st October 2005,
Part 4 of that Schedule and who makes such a claim on or after 24th April 2006, or
Part 5 of that Schedule and who makes such a claim on or after 30th October 2006; or
resides in an area identified in —
Part 1 of the Schedule to these Regulations and who made a claim for a specified benefit on or after 27th October 2001 but before 27th October 2003, or
Part 2 of that Schedule and who made such a claim on or after 5th April 2002 but before 5th April 2004,
and who is entitled to a specified benefit under that claim; or
a person who would fall within both heads (i) and (ii) of paragraph (a) and who —
does not make a claim for a specified benefit on or after 7th February 2005, or
makes a claim for a specified benefit on or after 7th February 2005;
; and
b
for paragraphs (c) and (ca) of the definition of “specified benefit” there is substituted —
c
income support where paragraph 24 or 25 (persons appealing against a decision which embodies a determination that they are not incapable of work) of Schedule 1B to the Income Support (General) Regulations 1987 applies; or
.
Amendment of the Schedule to the 2003 Regulations
3
After Part 2 of the Schedule, there is inserted as Parts 3 to 5 the Parts set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Margaret Hodge
Minister of State,
Department for Work and Pensions
19th September 2005


text:
Citation, commencement and effect
1
1
This Order may be cited as the Representation of the People (Variation of Limits of Candidates' Election Expenses) Order 2005 and shall come into force on the 4th March 2005
2
Article 4 does not extend to Scotland or Northern Ireland.
Interpretation
2
In this Order “the 1983 Act ” means the Representation of the People Act 1983.
Variation of expenses limits at a parliamentary general election
3
1
In section 76(2)(a)(i) of the 1983 Act , the maximum amount of a candidate’s election expenses at a parliamentary general election, being an election in a county constituency, shall be varied by substituting for the words “£5,483” and “6.2p” the words “£7,150” and “7p”, respectively.
2
In section 76(2)(a)(ii) of the 1983 Act, the maximum amount of a candidate’s election expenses at a parliamentary general election, being an election in a borough constituency, shall be varied by substituting for the words “£5,483” and “4.6p” the words “£7,150” and “5p”, respectively.
Variation of expenses limits at a local government election
4
In section 76(2)(b)(ii) of the 1983 Act , the maximum amount of a candidate’s election expenses at a local government election (other than an election under the Greater London Authority Act 1999 ) shall be varied by substituting for the words “£242” and “4.7p” the words “£600” and “5p”, respectively.
Revocation
5
The Representation of the People (Variation of Limits of Candidates' Election Expenses) Order 2001 is hereby revoked.
Christopher Leslie
Parliamentary Under-Secretary of State
Department for Constitutional Affairs
Date 7th February 2005


text:
Citation and commencement
1
This Order may be cited as the General Optical Council (Registration Rules) Order of Council 2005 and shall come into force on 30th June 2005.
Revocation
2
The General Optical Council (Registration and Enrolment Rules) Order of Council 1977 is hereby revoked.
A K Galloway
Clerk of the Privy Council


text:
Title, commencement, extent and application
1
1
These Regulations may be cited as the Plant Health (Import Inspection Fees) (England) Regulations 2005 and shall come into force on 20th April 2005.
2
These Regulations extend to England and Wales but apply only in relation to England.
Interpretation
2
In these Regulations —
“consignment” has the same meaning as in Article 2(1)(p) of the Directive;
“daytime working hours” means any time between the hours of 8.30 a.m. to 5.00 p.m. on any day except a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England;
“the Directive” means Council Directive 2000/29/ EC of 8th May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community as last amended by Commission Directive 2005/15/EC of 28th February 2005 ;
“documentary check” has the same meaning as in Article 13a(1)(b)(i) of the Directive;
“identity check” has the same meaning as in Article 13a(1)(b)(ii) of the Directive;
“plant” has the same meaning as in Article 2(1)(a) of the Directive;
“plant health check” has the same meaning as in Article 13a(1)(b)(iii) of the Directive;
“plant intended for planting” has the same meaning as in Article 2(1)(d) of the Directive;
“plant product” has the same meaning as in Article 2(1)(b) of the Directive; and
“third country” means a country or territory other than one within the European Community.
Consignments to which these Regulations apply
3
These Regulations apply to consignments of plants, plant products and other objects of a description specified in the first column of Schedule 1, landed in England from a third country, in respect of which Article 13d(1) of the Directive requires member States to charge phytosanitary fees to cover the costs occasioned by documentary checks, identity checks and plant health checks.
Fees
4
1
An importer of a consignment to which these Regulations apply shall pay to the Secretary of State the fees specified in this regulation.
2
In respect of a plant health check carried out on any consignment of plants, plant products or other objects, other than a consignment of a plant or plant product to which paragraph (3) applies, the fee payable shall be —
a
the fee specified in the third column of Schedule 1 in respect of a check carried out during daytime working hours; or
b
the fee specified in the fourth column of that Schedule in respect of a check carried out outside those hours.
3
In respect of a plant health check carried out, or which, but for Article 13a(2) of the Directive (providing for such checks to be carried out at reduced frequency), would have been required to be carried out, on a consignment of any plant or plant product listed in the first column of Schedule 2 and originating from a country listed in the third column of that Schedule, the fee payable, in accordance with Article 13d(2) of the Directive, shall be —
a
the fee specified in the fourth column of Schedule 2 in respect of a check carried out during daytime working hours; and
b
the fee specified in the fifth column of that Schedule in respect of a check carried out outside those hours.
4
In respect of a documentary check or an identity check carried out on any consignment the fee payable shall be the fee specified for that check in the third column of Schedule 3.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
21st March 2005
We consent,
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd March 2005


text:
PART 1
GENERAL
Citation, commencement and revocation
1
1
These Regulations may be cited as the Education (School Inspection) (England) Regulations 2005 and shall come into force on 1 st September 2005.
2
The Regulations listed in the Schedule are revoked in relation to England.
Interpretation
2
1
In these Regulations —
“the 2005 Act ” means the Education Act 2005;
“inspection” in Part 2 of these Regulations means an inspection of a school under section 5 of the 2005 Act and in Part 3 of these Regulations means an inspection of a school under section 48 of the 2005 Act;
“inspector” in Part 3 of these Regulations means the person conducting the inspection;
“public holiday” means Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971;
“school year” means the period of 12 months commencing on 1 st August;
“working day” means any day which is not a Saturday, a Sunday, a public holiday or part of a holiday longer than a week taken by the school in question; and
any reference to a child who is looked after by a local authority shall have the same meaning as in section 22 of the Children Act 1989 .
2
Where these Regulations require an act to be done within a specified period from a specified date the period begins immediately after that date.
PART 2
SCHOOL INSPECTIONS
Intervals for inspection
3
The Chief Inspector shall inspect each school to which section 5 of the 2005 Act applies by 1 st August 2009 and, following that inspection, shall thereafter inspect each such school within 3 school years from the end of the school year in which the last inspection of the school took place.
Notification of an inspection
4
1
Where the appropriate authority has been notified of an inspection it must, for the purpose of section 6(1) of the 2005 Act, take such steps as are reasonably practicable to notify —
a
in the case of a school maintained by a local education authority and which has a delegated budget, a person appearing to them to be an appropriate officer of the local education authority;
b
in the case of a school maintained by a local education authority and which does not have a delegated budget, the chairman of the governing body;
c
in the case of a voluntary school, the person who appoints the school’s foundation governors and, in the case of a voluntary aided school the appropriate diocesan authority (if different);
d
in the case of a special school which is not maintained by a local education authority, any local authority which is paying fees in respect of the provision of education to any person at that school;
e
in the case of any school at which a registered pupil is a child who is looked after by the local authority, a person appearing to them to be an appropriate officer of that local authority; and
f
in the case of a secondary school, the local learning and skills council for the area in which the school is located,
of the time when the inspection is to take place.
2
In this regulation a reference to a school which has a delegated budget is a reference to a school which has a delegated budget within the meaning of Part 2 of the School Standards and Framework Act 1998 .
Review of report
5
For the purpose of section 13(2)(b) of the 2005 Act there is prescribed, as the period within which the governing body in the case of a maintained school and the proprietor in the case of any other school may make comments on the draft report where the Chief Inspector is of the opinion that the school requires special measures or significant improvement, the period of 5 working days from the date of receipt of the draft report.
Destination of reports
6
For the purposes of sections 14(4)(c) and 16(3)(c) of the 2005 Act there is prescribed, as the period within which the appropriate authority or the proprietor of the school respectively must take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the report of an inspection, the period of 5 working days from the date of receipt of the report by the authority or by the proprietor as the case may be.
Statements
7
For the purposes of sections 15(3)(a) and 17(2)(a) of the 2005 Act there is prescribed, as the period within which the local education authority or the proprietor of the school is to prepare the statement referred to in sections 15(2) or 17(1) of that Act respectively, the period of 10 working days from the date of receipt of the report by the local education authority or by the proprietor as the case may be.
Fees for provision of the report
8
The appropriate authority or the proprietor of the school may in all cases require payment of a fee (not exceeding the cost of supply) where they provide, under section 14(4)(b) or 16(3)(b) of the 2005 Act respectively, a copy of the report to any person who asks for one.
PART 3
INSPECTIONS OF RELIGIOUS EDUCATION
Choice of inspectors
9
For the purpose of section 48(2) of the 2005 Act there is prescribed, as the person with whom the foundation governors or the governing body must consult when choosing a person to carry out an inspection under section 48 —
a
in the case of a school designated as Church of England or Roman Catholic, the appropriate diocesan authority;
b
in the case of a school designated as Jewish, the Jewish Studies Education Inspection Service;
c
in the case of a school designated as Methodist, the Education Secretary to the Methodist Church;
d
in the case of a school designated as Muslim, the Association of Muslim Schools;
e
in the case of a school designated as Sikh, the Network of Sikh Organisations; and
f
in the case of a school designated as Seventh Day Adventist, the Education Department of the British Union Conference of the Seventh Day Adventist.
Intervals for inspection
10
The governing body shall secure that any denominational education given to pupils and the content of the school’s collective worship is inspected by 1 st August 2009 and, following that inspection, shall thereafter secure that further such inspections are carried out within 3 school years from the end of the school year in which the last such inspection took place.
Procedure for inspections
11
1
For the purpose of section 49(1) of the 2005 Act there is prescribed, as the period within which an inspection must be carried out, the period of 10 working days.
2
For the purpose of section 49(2) of the 2005 Act there is prescribed, as the period in which the person conducting the inspection must prepare a report in writing of the inspection, the period of 15 working days from completion of the inspection.
Fees for provision of the report
12
The governing body may require payment of a fee (not exceeding the cost of supply) in all cases where they provide, under section 49(4)(c) of the 2005 Act, a copy of the report to any person who asks for one.
Jacqui Smith
Minister of State
Department for Education and Skills
21st July 2005


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2005 and shall come into force on 1st March 2005.
2
In these Regulations “the 2002 Regulations ” means the Education (Student Support) (No. 2) Regulations 2002 .
Amendment of the 2002 Regulations
3
The 2002 Regulations are amended as follows.
4
In regulation 39 substitute for paragraph (2) the following–
2
In Northern Ireland —
a
there shall not be treated as part of a bankrupt’s estate or claimed for his estate under Article 280 or 283 of the Insolvency (Northern Ireland) Order 1989 any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive after the commencement of the bankruptcy, whether his entitlement arises before or after the commencement of his bankruptcy; and
b
there shall not be included in a person’s bankruptcy debts any debt or liability to which he is or may become subject in respect of any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive —
i
in the case of a bankruptcy commencing before 1st March 2005, after the commencement of the bankruptcy; or
ii
in the case of a bankruptcy commencing on or after 1st March 2005, before or after the commencement of the bankruptcy.
.
Kim Howells
Minister of State
Department for Education and Skills
7th January 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment Regulations 2005 and shall come into force —
a
for the purposes of this regulation and regulation 2, on 6th April 2005,
b
for the purposes of regulation 6, on 6th July 2005, and
c
for all other purposes, on 6th April 2006.
2
In these Regulations “the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 .
Insertion of regulation 15B into the Claims and Payments Regulations
2
Before regulation 16 of the Claims and Payments Regulations insert the following regulation —
Advance claim for pension following deferment
15B
Where a person’s entitlement to a Category A or Category B retirement pension is deferred in accordance with section 55(3) of the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred) a claim for —
a
a Category A or Category B retirement pension; and
b
any increase in that pension,
may be made any time not more than 4 months before the date on which the period of deferment, within the meaning of section 55(3), ends.
.
Amendment of regulation 19 of the Claims and Payments Regulations
3
In regulation 19 of the Claims and Payments Regulations (time for claiming benefit), in paragraph (3) omit sub-paragraphs (c) and (f).
Amendment of regulation 30 of the Claims and Payments Regulations
4
In regulation 30 of the Claims and Payments Regulations (payments on death) —
a
in paragraph (5) (posthumous claims) before “Where the conditions” insert “Subject to paragraphs (5A) to (5F),”, and
b
after paragraph (5) insert —
5A
Subject to paragraphs (5B) to (5F), a claim may be made in accordance with paragraph (5) on behalf of the deceased for a Category A or Category B retirement pension or graduated retirement benefit provided that the deceased was not married on the date of his death.
5B
In determining for the purposes of paragraphs (5) and (5A) the benefit to which the deceased would have been entitled if he had claimed within the prescribed time, the prescribed time shall be the period of three months ending on the date of his death and beginning with any day on which, apart from satisfying the condition of making a claim, he would have been entitled to the pension or benefit.
5C
Paragraph (5D) applies where, throughout the period of 12 months ending with the day before the death of the deceased person, his entitlement to a Category A or a Category B retirement pension or to graduated retirement benefit was deferred in accordance with, as the case may be —
a
section 55 of the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred); or
b
section 36(4A) of the National Insurance Act 1965 (deferment of graduated retirement benefit).
5D
Where a person claims under paragraphs (5) and (5A) the deceased shall be treated as having made an election in accordance with, as the case may be —
a
paragraph A1(1)(a) of Schedule 5 to the Contributions and Benefits Act (electing to have an increase of pension), where paragraph (5C)(a) applies; or
b
paragraph 12(1)(a) of Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005 (electing to have an increase of benefit), where paragraph (5C)(b) applies.
5E
Paragraph (5F) applies where —
a
the deceased person was a widow or widower (“W”) who was married to the other party of the marriage (“S”) when S died;
b
throughout the period of 12 months ending with the day before S’s death, S’s entitlement to a Category A or a Category B retirement pension or to graduated retirement benefit was deferred in accordance with, as the case may be, paragraph (5C)(a) or (b); and
c
W made no statutory election in consequence of the deferral.
5F
Where a person claims under paragraphs (5) and 5(A) the deceased (“W”) shall be treated as having made an election in accordance with, as the case may be —
a
paragraph 3C(2)(a) of Schedule 5 to the Contributions and Benefits Act electing to have an increase of pension), where paragraph (5C)(a) applies; or
b
paragraph 17(2)(a) of Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005 (electing to have an increase in benefit), where paragraph (5C)(b) applies.
.
Amendment of Schedule 4 to the Claims and Payments Regulations
5
In Schedule 4 to the Claims and Payments Regulations (prescribed times for claiming benefit), after paragraph 12 , in column (1) (description of benefit) and in the corresponding part of column (2) (prescribed time for claiming benefit) add the following paragraphs —
13
Retirement pension of any category.
As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the pension, that day and the period of 12 months immediately following it.
14
Graduated retirement benefit .
As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to benefit, that day and the period of 12 months immediately following it.
.
Transitional provisions
6
1
A claim for a retirement pension of any category or graduated retirement benefit made during the period from 6th April 2005 to 5 April 2006 in respect of any day in that period shall be treated as made on that day if on that day, apart from satisfying the condition of making a claim, the claimant satisfies the other conditions of entitlement for that pension or benefit or both.
2
Where paragraph (1) applies regulation 19 of the Claims and Payments Regulations (time for claiming benefit) shall not apply.
3
This regulation shall not apply to claims for a Category A or Category B retirement pension or gradated retirement benefit made in accordance with regulation 30(5) of the Claims and Payments Regulations (payments on death: claims on behalf of the deceased).
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
3 March 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2005 and shall come into force on 1st April 2005.
2
These Regulations apply in relation to England only.
General increase in fees
2
1
The Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 are amended as follows.
2
In regulation 10A (fees for applications for certificates of lawful use or development) —
a
in paragraph (5)(b), for “£110” substitute “£135”; and
b
for paragraph (6) substitute–
6
Where a use specified in an application under section 191(1)(a) is use as one or more separate dwellinghouses, the fee payable in respect of that use shall be —
a
where the use so specified is use as 50 or fewer dwellinghouses, £265 for each dwellinghouse;
b
where the use so specified is use as more than 50 dwellinghouses, £13,250, and an additional £80 for each dwellinghouse in excess of 50, subject to a maximum in total of £50,000.
.
3
In regulation 11A (fees for certain applications under the General Permitted Development Order) —
a
in paragraph (1)(a), for “£40” substitute “£50”; and
b
in paragraph (1)(b), for “£220” substitute “£265”.
4
In Part I of Schedule 1 (general provisions) —
a
in paragraphs 4(1) and 6(2), for “£220” substitute “£265”; and
b
in paragraphs 7, 7A and 7B , for “£110” substitute “£135”.
c
for paragraph 15(2) substitute —
2
Where an application is for outline planning permission and relates to development which is within more than one of the categories specified in that table, the fee payable in respect of the application shall be —
a
where the site area does not exceed 2.5 hectares, £265 for each 0.1 hectare of the site area;
b
where the site area exceeds 2.5 hectares £6,625, and an additional £80 for each 0.1 hectare in excess of 2.5 hectares, subject to a maximum in total of £25,000.
.
5
For Part II of Schedule 1 (scale of fees), substitute the new Part II set out in Schedule 1 to these Regulations.
6
For Schedule 2 (scale of fees for advertisement applications), substitute the new Schedule 2 set out in Schedule 2 to these Regulations.
Revocation
3
Regulation 2 of the Town and Country Planning (Fees for Applications and Deemed Applications)(Amendment)(England) Regulations 2002 is hereby revoked.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State Office of the Deputy Prime Minister
17th March 2005


text:
1
This scheme may be cited as the M40 Motorway Junction 4 (Handy Cross) Connecting Road Scheme 2005 and shall come into force on 3rd May 2005.
2
The Secretary of State is authorised to provide the special road for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980 along a route from the point marked A on the plan referred to at Article 3 below to a point marked B on the said plan at Wycombe in the County of Buckinghamshire, a distance of 0.62 kilometres.
3
The centre line of the special road is indicated by a heavy black line on the plan numbered HA 16/MP/003 marked “The M40 Motorway Junction 4 (Handy Cross) Connecting Road Scheme 2005, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
4
The new special road shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for Transport
Peter Wallwork
Divisional Director Highways Agency
21st April 2005


text:
Citation and commencement
1
1
These Regulations may be cited as the Energy Information (Household Air Conditioners) (No. 2) Regulations 2005.
2
This regulation and regulation 18(1) come into force on 30th June 2005 and all other regulations come into force on 1st August 2005.
Interpretation
2
1
In these Regulations —
“the Parent Directive ” means Council Directive 92/75/ EEC on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances;
“the Air Conditioners Directive ” means Commission Directive 2002/31/ EC implementing the Parent Directive with regard to energy labelling of household air-conditioners;
“ the Directives ” means the Parent Directive and the Air Conditioners Directive.
2
In these Regulations, expressions used which are also used in one or both of the Directives have the same meaning as in that or those Directives, and —
“the 2003 Regulations ” means the Energy Information (Household Air Conditioners) Regulations 2003 ;
“appliance” means a household air conditioner of the descriptions referred to in regulation 3(1) and (2);
“communication” means a printed or written communication or other means whereby the potential customer cannot be expected to see the regulated appliance displayed, such as a written offer, a mail order catalogue, advertisements on the Internet or on other electronic media; and “distributes a communication” shall be construed accordingly;
“ the Community ” means the European Community, and a reference to the Community includes a reference to an EEA State which is not a member State of the Community;
“dealer” means a retailer or other person who offers for sale, displays or sells appliances to end-users;
“EEA State” means a state that is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“enforcement authority” means —
in England and Wales and Scotland, a local weights and measures authority within the meaning of section 69 (local weights and measures authorities) of the Weights and Measures Act 1985 ; and
in Northern Ireland, the Department of Enterprise, Trade and Investment;
“the harmonised standard” means EN 14511 ;
“information sheet” means a standard table of information relating to the regulated appliance in question;
“records” includes any books, documents, marks or symbols and any records in non-documentary form;
“regulated appliance” means an appliance to which these Regulations apply;
“sale” includes hire and hire-purchase and related expressions shall be construed accordingly;
“supplier”, in relation to a regulated appliance, means the manufacturer of that appliance or his authorised representative in the Community or the person who places the appliance on the Community market.
Scope
3
1
Subject to the following provisions of this regulation and regulation 4, these Regulations apply to household air conditioners, that is to say, electric mains operated household —
a
air cooled air conditioners of the following descriptions —
i
packaged units;
ii
single split systems; and
iii
multi-split systems; and
b
water cooled air conditioners of the following descriptions —
i
packaged units; and
ii
single split systems,
whether or not they are displayed or sold for household use.
2
These Regulations apply to household air conditioners of the following descriptions —
a
factory-made units that can be ducted;
b
factory-made units of either fixed capacity or variable capacity by any means;
c
air-to-air air conditioners which evaporate the condensate on the condenser side,
but in the case of a unit consisting of several parts, these Regulations apply only to those parts designed and supplied as a complete package.
3
These Regulations do not apply to household air conditioners of the following descriptions —
a
units having their condenser cooled by air and by the evaporation of external additional water;
b
units using transcritical cycles (for example with CO2 as the refrigerant);
c
appliances that may also use other energy sources;
d
air-to-water and water-to-water appliances;
e
units with an output (cooling power) greater than 12 kW .
4
These Regulations do not apply to the rating plate or its equivalent affixed for safety purposes to a household air conditioner.
Other Exclusions
4
1
Nothing in these Regulations shall apply to an appliance placed on the market anywhere in the Community before 1st August 2005.
2
There shall be no obligation on any person to comply with these Regulations in respect of —
a
models of appliances of which production ceased before 1st August 2005; or
b
second hand appliances;
but, if a dealer displays a second hand appliance with a label containing information about the energy consumption of the appliance attached, regulation 11 applies.
3
There shall be no obligation on a supplier to establish technical documentation, supply labels or provide information sheets in accordance with these Regulations in respect of an appliance intended for use only in a country outside the Community and which he has reasonable grounds to believe will only be used outside the Community.
4
There shall be no obligation on a dealer to display a label in accordance with these Regulations in respect of an appliance intended for use only in a country outside the Community and which he has reasonable grounds to believe will only be used outside the Community.
5
There shall be no obligation on any person who distributes a communication in respect of an appliance intended for use only in a country outside the Community and which he has reasonable grounds to believe will only be used outside the Community.
Obtaining the information required by these Regulations
5
1
The information required by regulations 6 to 8 shall, where applicable, be obtained by measurements made in accordance with the harmonised standard.
2
Where a supplier provides information relating to noise, it shall be measured in accordance with Council Directive 86/594/EEC on airborne noise emitted by household appliances, and the provisions of Schedules 1 and 2 to these Regulations relating to noise information shall apply.
3
Information obtained other than in accordance with paragraphs (1) and (2) shall be taken for the purposes of these Regulations not to meet the relevant requirement.
Placing on the market: technical documentation
6
1
No supplier shall place on the market a regulated appliance unless he has established technical documentation in relation to the appliance sufficient to enable the accuracy of the information contained in a label or information sheet supplied by him in respect of the appliance to be assessed.
2
The technical documentation referred to in paragraph (1) shall include —
a
the name and address of the supplier;
b
a general description of the model, sufficient for it to be uniquely and easily identified;
c
information, including drawings as relevant, on the main design features of the model and, in particular, items which appreciably affect its energy consumption;
d
the results of design calculations carried out, where these are relevant;
e
reports of relevant measurement tests carried out under the test procedures of the harmonised standard and, where available, those carried out by relevant notified organisations as defined under other Community legislation ;
f
operating instructions, if any,
and, where the information relating to a particular model combination has been obtained by calculation on the basis of design, extrapolation from other combinations or both, it shall include details of such calculations, extrapolations or both, as the case may be, and of tests undertaken to verify the accuracy of the calculations made (details of the mathematical model for calculating performance of split systems, and of measurements taken to verify this model).
3
Where values are derived from those obtained from similar models, the information required under paragraph (2) for those models shall also be provided.
4
For the purposes of paragraphs (1), (2) and (3), a supplier may use documentation already required on the basis of relevant Community legislation.
5
A supplier shall make the technical documentation relating to a regulated appliance available for inspection by enforcement authorities for a period ending five years after the last appliance of the model in question has been manufactured.
Supplier’s duties in respect of labels
7
1
A supplier of a regulated appliance shall supply labels in accordance with the following provisions of this regulation.
2
The label shall comply with Schedule 1 (the label) and the energy class indicated shall be determined in accordance with Schedule 3 (energy efficiency classification).
3
A supplier shall supply the necessary labels free of charge to dealers.
4
A supplier may choose his own system for delivery of labels.
5
Where a dealer requests labels from the supplier, the supplier shall ensure that the requested labels are delivered promptly.
Supplier’s duties in respect of the information sheet
8
1
A supplier shall provide free of charge with the regulated appliance an information sheet which complies with paragraph (2), and shall comply with paragraph (3) or (4) as the case may require.
2
The information sheet shall be in the relevant language version and comply with Schedule 2 (the information sheet), and the energy class indicated shall be determined in accordance with Schedule 3 (energy efficiency classification).
3
Where a supplier provides a product brochure, the brochure shall contain a copy of the information sheet.
4
Where a supplier does not provide a product brochure, he shall provide a copy of the information sheet with any other literature provided.
Supplier’s deemed consent to publication of information
9
A supplier shall be deemed to consent to the publication of the information given on a label or in an information sheet.
Supplier’s duties in respect of the accuracy of labels and information sheets
10
1
A supplier shall ensure that the information in an information sheet or on a label which he supplies to a dealer is accurate.
2
The duty in paragraph (1) is without prejudice to any right of action which any person may have apart from these Regulations, whether against the supplier, dealer or any other person arising from any inaccuracy or omission of any information in a communication, information sheet or label.
Dealer’s duty in respect of a displayed regulated appliance
11
A dealer who displays a regulated appliance shall attach the appropriate label provided by the supplier to the outside front or top of the appliance so that the label remains clearly visible and is not obscured whenever the appliance is displayed.
Information in respect of mail order and other distance sales
12
Where a person offers for sale a regulated appliance by means of a communication, that person shall ensure that the communication —
a
is in the relevant language version; and
b
includes the information specified in Schedule 2 (the information sheet) and describes the regulated appliance in accordance with Schedule 3 (energy efficiency classification).
Translation of Terms used in Schedules 1 and 2
13
Where the relevant language version of a communication, label or information sheet is to be other than English, the terms in Annex V (Translation of Terms to be used in the Label and Fiche) to the Air Conditioners Directive which are equivalent to the English terms given in Schedules 1 and 2 of these Regulations shall be used, and a requirement in regulation 8(2) for the information sheet, regulation 12(a) for the communication or paragraph 1 of Schedule 1 for the label to be in the relevant language version shall not be considered to have been complied with if the equivalent term in Annex V has not been used in translation.
Misleading information
14
1
A person shall not display any label, mark, symbol or inscription (other than those required by these Regulations) which relates to the energy consumption of a regulated appliance and which does not comply with the requirements of these Regulations, if such display is likely to mislead or confuse.
2
Paragraph (1) shall not apply to a label, mark, symbol or inscription displayed under a Community or national environmental labelling scheme .
Presumption of compliance
15
Unless there is evidence to the contrary, labels and information sheets shall be deemed to comply with the provisions of these Regulations.
Enforcement and offences
16
1
Subject to paragraph (2), it shall be the function of every enforcement authority to enforce these Regulations within its area.
2
Nothing in these Regulations shall authorise an enforcement authority in Scotland to bring proceedings for an offence.
3
Schedule 4 shall have effect with regard to offences, enforcement of these Regulations and other related matters.
Transitional provisions
17
On or before 31st January 2006, a supplier may place on the market a regulated appliance notwithstanding that the requirements of regulation 6 have not been complied with, provided that the requirements of regulation 6 of the 2003 Regulations are complied with.
Revocation
18
1
The Energy Information (Household Air Conditioners) Regulations 2005 are revoked.
2
Subject to paragraphs (3) and (4), the 2003 Regulations are revoked.
3
The 2003 Regulations shall remain in force in relation to any appliance placed on the market before 1st August 2005.
4
Regulation 6 of the 2003 Regulations shall remain in force for the purposes of regulation 17 of these Regulations.
Elliot Morley
Minister of State
Department for Environment, Food and Rural Affairs
28th June 2005