text:
Title, commencement and application
1
1
This Scheme may be cited as the Farm Woodland Premium Schemes (Amendment) (England) Scheme 2005 and shall come into force on the day after the day on which it is made.
2
This Scheme applies in England only.
Farm Woodland Premium Scheme 1997 and Farm Woodland Premium Scheme 1992
2
1
The Farm Woodland Premium Scheme 1997 and the Farm Woodland Premium Scheme 1992 shall be amended in accordance with this Scheme.
2
In paragraph 2(1) of both Schemes, in the Farm Woodland Premium Scheme 1997 after the definition of “Council Regulation 3508/92”, and in the Farm Woodland Premium Scheme 1992 after the definition of “converted land”, there shall be inserted —
“Council Regulation 1782/2003” means Council Regulation ( EC ) No. 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations ( EEC ) No. 2019/93 , (EC) No. 1452/2001 , (EC) No. 1453/2001 , (EC) No. 1454/2001 , (EC) No. 1868/94 , (EC) No. 1251/1999 , (EC) No. 1254/1999 , (EC) No. 1673/2000 , (EEC) No. 2358/71 and (EC) No. 2529/2001 , as last amended by Commission Regulation (EC) No. 118/2005 modifying Annex VIII to Council Regulation (EC) No. 1782/2003 and establishing budgetary ceilings for partial or optional implementation of the Single Payment Scheme and annual financial envelopes for the Single Area Payment Scheme provided for in that Regulation;
.
3
In the definition of “Council Regulation 3508/92”, in paragraph 2(1) of the Farm Woodland Premium Scheme 1997, after “Council Regulation No. 2466/96” there shall be added “, and as it applied on 5th October 2003 ”.
4
In the Farm Woodland Premium Scheme 1997, after paragraph 7A there shall be inserted the following paragraph —
Final date for receipt of applications
7B
The appropriate Minister in respect of England shall not approve an application to enter this Scheme under paragraph 3(1) unless the application is received by or on behalf of the appropriate Minister before the coming into force of the Farm Woodland Premium Schemes (Amendment) (England) Scheme 2005.
.
5
For the text in sub-paragraph (3) of paragraph 9 of the Farm Woodland Premium Scheme 1997, and for the text in sub-paragraph (2A) of paragraph 9 of the Farm Woodland Premium Scheme 1992, there shall be substituted —
Where an applicant, in his Single Payment Scheme application submitted in a particular year, counts an area of converted land as set aside for the purposes of the set-aside requirement, any payment due under this Scheme in October of that year, or on such other date or dates in that year where the appropriate Minister has so decided under paragraph 10(3)(b), in relation to that converted land, shall be reduced by the amount of the set-aside payment due in relation to that area of land under that Single Payment Scheme application.
.
6
For the text in sub-paragraph (4) of paragraph 9 of the Farm Woodland Premium Scheme 1997 and for the text in sub-paragraph (2B) of paragraph 9 of the Farm Woodland Premium Scheme 1992, there shall be substituted —
For the purposes of this paragraph —
“Single Payment Scheme application” means the application for payment under the single payment scheme as provided for in Title III of Council Regulation 1782/2003,
“set-aside payment” means, in relation to an area of land which is converted land, the payment provided for in Article 54(1) of Council Regulation 1782/2003; and
“set-aside requirement” means the requirement to set aside land from production in Article 54(3) of Council Regulation 1782/2003.
.
Jim Knight
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
6th December 2005
We approve,
Joan Ryan
Gillian Merron
Two of the Lords Commissioners of Her Majesty’s Treasury
13th December 2005


type: legislation

jurisdiction: UK

text:
PART 1
Introduction
Citation, commencement and interpretation
1
1
This Order may be cited as the Criminal Justice Act 2003 (Mandatory Life Sentence: Appeals in Transitional Cases) Order and shall come into force on 3 rd November 2005.
2
In this Order —
a
“the 2003 Act ” means the Criminal Justice Act 2003;
b
“ the Registrar ” means the registrar of criminal appeals;
c
“appeal”, where used in Part 2 or Part 3 means appeal under that Part and “appellant”has a corresponding meaning and in Part 2 includes a person who has given notice of application for leave to appeal under paragraph 14(1) of Schedule 22 to the 2003 Act;
d
“the defendant” means the person who was the appellant before the Court of Appeal.
3
References to the Court of Appeal are to the criminal division of the Court of Appeal;
4
References to a single judge are to any judge of the Court of Appeal or of the High Court.
PART 2
Appeals to Court of Appeal
Powers of the Court of Appeal on appeal
2
1
On an appeal under paragraph 14(1) of Schedule 22 to the 2003 Act the Court of Appeal, if they consider that the determination of the appellant’s minimum term in relation to a mandatory life sentence made by the High Court should be different, may —
a
quash any minimum term determination which is the subject of the appeal; and
b
in place of it make any such minimum term determination as they think appropriate for the case and as the court below had the power to make;
but the Court shall so exercise their powers under this article that the appellant is not more severely dealt with on appeal than he was dealt with by the court below.
Initiating procedure
3
1
A person who wishes to obtain the leave of the Court of Appeal to appeal to the Court of Appeal under paragraph 14(1) of Schedule 22 to the 2003 Act shall give notice of application for leave to appeal.
2
Any such notice of application for leave to appeal, shall be given within 28 days from the date of the decision appealed against.
3
The time for giving notice under this article may be extended, either before or after it expires, by the Court of Appeal.
Disposal of groundless application for leave to appeal
4
If it appears to the Registrar that a notice of application for leave to appeal does not show any substantial ground of appeal, he may refer the application for leave to the Court for summary determination; and where the case is so referred the Court may, if they consider that the application for leave is frivolous or vexatious, and can be determined without adjourning it for a full hearing, dismiss the application for leave summarily, without calling on anyone to attend the hearing or to appear for the Crown thereon.
Preparation of case for hearing
5
The Registrar shall —
a
take all necessary steps for obtaining a hearing of any appeal or application of which notice is given to him and which is not referred and dismissed summarily under article 4; and
b
obtain and lay before the Court of Appeal in proper form all documents, exhibits and other things which appear necessary for the proper determination of the appeal or application.
Right of appellant to be present
6
1
Except as provided by this article, an appellant shall be entitled to be present, if he wishes it, on the hearing of his appeal, although he may be in custody.
2
A person in custody shall not be entitled to be present —
a
where his appeal is on some ground involving a question of law alone;
b
on an application by him for leave to appeal;
c
on any proceedings preliminary or incidental to the appeal;
unless the Court of Appeal give him leave to be present.
Evidence
7
For the purposes of an appeal under paragraph 14(1) of Schedule 22 to the 2003 Act, the Court of Appeal may, if they think it necessary or expedient in the interests of justice —
a
order the production of any document, exhibit or other thing connected with the proceedings, the production of which appears to them necessary for the determination of the case;
b
receive any evidence which was not adduced in the proceedings from which the appeal lies.
Powers of Court of Appeal which are exercisable by single judge
8
1
There may be exercised by a single judge in the same manner as by the Court of Appeal and subject to the same provisions, the powers —
a
to give leave to appeal to the Court of Appeal;
b
to extend the time within which notice of appeal or of application for leave to appeal may be given under article 3(3);
c
to allow, under article 6, the appellant to be present at any proceedings which he would not otherwise be entitled to attend; and
d
to order the production of any document, exhibit or other thing under article 7(1)(a).
2
If the single judge refuses an application on the part of an appellant to exercise in his favour any of the powers specified in paragraph (1), the appellant shall be entitled to have the application determined by the Court of Appeal.
Powers of the Court of Appeal which are exercisable by Registrar
9
1
The following powers of the Court of Appeal under this Order may be exercised by the Registrar —
a
the power to extend the time within which notice of application for leave to appeal may be given under article 3(3);
b
the power to order the production of any document, exhibit or other thing under article 7(1)(a).
2
If the Registrar refuses an application on the part of an appellant to exercise in his favour any of the powers specified in paragraph (1), the appellant shall be entitled to have his application determined by a single judge.
Procedural directions: powers of single judge and Registrar
10
1
The power of the Court of Appeal to determine an application for procedural directions may be exercised by —
a
a single judge, or
b
the Registrar.
2
“Procedural directions” means directions for the efficient and effective preparation of —
a
an application for leave to appeal, or
b
an appeal
under paragraph 14(1) of Schedule 22 to the 2003 Act.
3
A single judge may give such procedural directions as he thinks fit —
a
when acting under paragraph (1);
b
on a reference from the Registrar;
c
of his own motion, when exercising, or considering whether to exercise, any power of his in relation to the application or appeal.
4
The Registrar may give such procedural directions as he thinks fit —
a
when acting under paragraph (1);
b
of his own motion.
Appeals against procedural directions
11
1
Paragraph (2) applies if a single judge gives, or refuses to give, procedural directions.
2
The Court of Appeal may, on an application to it under paragraph (5)–
a
confirm, set aside or vary any procedural directions given by the single judge, and
b
give such procedural directions as it thinks fit.
3
Paragraph (4) applies if the Registrar gives, or refuses to give procedural directions.
4
A single judge may, on an application to him under paragraph (5)–
a
confirm, set aside or vary any procedural directions given by the Registrar; and
b
give such procedural directions as he thinks fit.
5
An application under this article may be made by –
a
an appellant;
b
a respondent, if the directions:
i
relate to an application for leave to appeal and appear to need the respondent’s assistance to give effect to them;
ii
relate to an application for leave to appeal which is to be determined by the Court of Appeal; or
iii
relate to an appeal.
6
In this article –
“respondent” includes a person who will be a respondent if leave to appeal is granted.
PART 3
Appeal to the House of Lords from Court of Appeal
Right of appeal to the House of Lords
12
1
An appeal lies to the House of Lords at the instance of the defendant or the prosecutor, from any decision of the Court of Appeal on an appeal to that court under paragraph 14(1) of Schedule 22 to the 2003 Act.
2
The appeal lies only with the leave of the Court of Appeal or the House of Lords; and leave shall not be granted unless it is certified by the Court of Appeal that a point of law of general public importance is involved in the decision and it appears to the Court of Appeal or the House of Lords (as the case may be) that the point is one which ought to be considered by that House.
Application for leave to appeal
13
1
An application to the Court of Appeal for leave to appeal to the House of Lords shall be made within 28 days beginning with the date on which the Court of Appeal gives reasons for the decision which is the subject of the appeal; and an application to the House of Lords for leave shall be made within 28 days beginning with the date on which the application for leave is refused by the Court of Appeal.
2
The House of Lords or the Court of Appeal may, upon application made at any time by the appellant, extend the time within which an application may be made by him to that House or the Court under paragraph (1).
3
An appeal to the House of Lords shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of; and for the purposes of this Order an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made, if it is not made within that time.
Hearing and disposal of appeal
14
1
An appeal under this Part of this Order shall not be heard and determined by the House of Lords unless there are present at least three of the persons designated Lords of Appeal by section 5 of the Appellate Jurisdiction Act 1876 .
2
Any order of the House of Lords which provides for the hearing of applications for leave to appeal by a committee constituted in accordance with section 5 of the Act of 1876 may direct that the decision of that committee shall be taken on behalf of the House.
3
For the purpose of disposing of an appeal, the House of Lords may exercise any powers of the Court of Appeal or may remit the case to the Court.
Presence of defendant at hearing
15
A defendant who is in custody shall not be entitled to be present on the hearing of an appeal to the House of Lords under this Order or of any proceedings preliminary or incidental thereto, except where an order of the House of Lords authorises him to be present, or where the House of Lords or the Court of Appeal, as the case may be, give him leave to be present.
Powers of Court of Appeal under Part 3 which are exercisable by single judge
16
1
There may be exercised by a single judge the powers of the Court of Appeal —
a
to extend the time for making an application for leave to appeal under article 13(2); and
b
to give leave for a person to be present at the hearing of any proceedings preliminary or incidental to an appeal under article 15,
but where the judge refuses an application to exercise any of the powers specified in paragraph (1), the applicant shall be entitled to have the application determined by the Court of Appeal.
Fiona Mactaggart
Parliamentary Under-secretary of State
Home Office
10th October 2005


text:
Citation and interpretation
1
1
This Order may be cited as the Health Protection Agency Act 2004 (Commencement) Order 2005.
2
In this Order “ the Act ” means the Health Protection Agency Act 2004.
Appointed days
2
1
31st January 2005 is the day appointed for the coming into force of the following provisions of the Act —
a
section 1(2) (Health Protection Agency) in so far as it relates to the making of regulations pursuant to the provisions of paragraphs 1(6) and (7) and 3(1) and (2) (membership of the Agency ), 8(1), (2) and (4) (terms of appointment), 10(1) and (2) (disqualification for appointment), 29 (regulations) and 30 (devolved authorities) of Schedule 1 to the Act;
b
section 2(2)(a) and (3) (health functions) for the purposes of making regulations giving directions (after consultation with the National Assembly for Wales);
c
section 3(2), (3) and (6) (radiation protection functions) and section 6 (appropriate authority) for the purposes of enabling the appropriate authority to give directions;
d
section 8 (1) to (4) and (12) and Schedule 2 to the Act (transfer of property and staff, etc. ); and
e
section 9 (directions).
2
1st April 2005 is the day appointed for the coming into force of all provisions of the Act, in so far as they are not already in force, except paragraph 1 of Schedule 3 to the Act (Parliamentary Commissioner Act 1967 (c. 13) ).
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
26th January 2005


text:
Citation and commencement
1
These Regulations may be cited as The School Governance (Constitution, Federations and New Schools) (England) (Amendment) Regulations 2005 and shall come into force on 1st August 2005.
Amendment of the School Governance (Constitution) (England) Regulations 2003
2
In the School Governance (Constitution) (England) Regulations 2003 —
a
in regulations 13(2), 14(2), 15(2), 16(2)(a) after the words “up to two sponsor governors” there shall be inserted the words “or, where the school is a secondary school , up to four sponsor governors”;
b
in regulation 16(2)(b) after the words “up to two” in brackets there shall be inserted the words “or, where the school is a secondary school, up to four”;
c
in regulation 29(1)(j) for the words “which has” there shall be substituted the words “designated under section 69(3) of the 1998 Act as having”; and
d
in paragraph 2 of Schedule 5 after the words “not exceeding two” there shall be inserted the words “or four, as the case may be,”.
Amendment of The School Governance (Federations) (England) Regulations 2004
3
In The School Governance (Federations) (England) Regulations 2004 —
a
in regulations 22(2), 23(2), 24(2), 25(2)(b), 26(2) and 27(3) after the words “up to two sponsor governors” there shall be inserted the words “or, where the federation contains secondary schools only, up to four sponsor governors”;
b
in regulation 25(2)(a) after the words “up to two” in brackets there shall be inserted the words “or, where the federation contains secondary schools only, up to four”;
c
in paragraph 9(2) of Schedule 1 after the words “up to two” in brackets there shall be inserted the words “or, where the federation contains secondary schools only, up to four”;
d
in paragraph 12 of Schedule 1 after the words “temporary sponsor governors” there shall be inserted the words “or, where the federation contains new secondary schools only, up to four temporary sponsor governors”;
e
in paragraph 2 of Schedule 6 after the words “not exceeding two” there shall be inserted the words “or four, as the case may be,”.
Amendment of the New Schools (General) (England) Regulations 2003
4
In the New Schools (General) (England) Regulations 2003 —
a
in regulation 16(2) for the words “one or two” there shall be substituted the words “up to two or four (as the case may be)”;
b
in regulations 19(2), 20(2), 21(2)(a) and 22(2) after the words “temporary sponsor governors” there shall be inserted the words “or, where the proposed school is to be a secondary school , up to four temporary sponsor governors”;
c
in regulation 21(2)(b) after the words “up to two” in brackets there shall be inserted the words “or, where the school is to be a secondary school, up to four”.
Jacqui Smith
Minister of State
Department for Education and Skills
29th June 2005


text:
Citation
1
This Order may be cited as the All Saints College (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The All Saints College, West Denton Way, Newcastle upon Tyne, NE5 2SZ, a voluntary controlled school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
22nd March 2005


text:
Citation
1
This Order may be cited as the Clean Neighbourhoods and Environment Act 2005 (Commencement No. 1) Order 2005.
Provisions coming into force on 1st July 2005
2
Section 32 of the Clean Neighbourhoods and Environment Act 2005 (sale of aerosol paint to children) shall come into force on 1st July 2005.
Hazel Blears
Minister of State
Home Office
22nd June 2005


text:
PART 1
PRELIMINARY
Title, commencement and application
1
These Regulations —
a
may be cited as the Food Hygiene (England) Regulations 2005;
b
shall come into force on 1st January 2006; and
c
shall apply in relation to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990 ;
“ the Agency ” means the Food Standards Agency;
“authorised officer”, in relation to an enforcement authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under the Hygiene Regulations ;
“the Community Regulations ” means Regulation 852/2004, Regulation 853/2004 and Regulation 854/2004;
“enforcement authority” means the authority which, by virtue of regulation 5, is responsible for enforcing and executing the Hygiene Regulations;
“food authority” has the meaning that it bears by virtue of section 5 of the Act, except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple);
“the Hygiene Regulations” means these Regulations and the Community Regulations;
“premises” includes any establishment, any place, vehicle, stall or moveable structure and any ship or aircraft; and
“Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004” and “Regulation 854/2004” have the meanings respectively given to them in Schedule 1; and
“specified Community provision” means any provision of the Community Regulations that is specified in column 1 of Schedule 2 and whose subject-matter is described in column 2 of that Schedule.
2
Subject to paragraph (3), any expression other than one defined in paragraph (1) that is used both in these Regulations and in the Act has the meaning it bears in the Act.
3
Any expression used both in these Regulations and in Regulation 178/2002 or the Community Regulations has the meaning it bears in Regulation 178/2002 or the Community Regulations.
4
Where, apart from this paragraph, any period of less than seven days which is specified in these Regulations would include any day which is —
a
a Saturday, a Sunday, Christmas Day or Good Friday; or
b
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 ,
that day shall be excluded from the period.
Presumptions that food is intended for human consumption
3
1
The following paragraphs shall apply for the purposes of these Regulations.
2
Any food commonly used for human consumption shall, if placed on the market or offered, exposed or kept for placing on the market, be presumed, until the contrary is proved, to have been placed on the market or, as the case may be, to have been or to be intended for placing on the market for human consumption.
3
The following, namely —
a
any food commonly used for human consumption which is found on premises used for the preparation, storage, or placing on the market of that food; and
b
any article or substance commonly used in the manufacture of food for human consumption which is found on premises used for the preparation, storage or placing on the market of that food,
shall be presumed, until the contrary is proved, to be intended for placing on the market, or for manufacturing food for placing on the market, for human consumption.
4
Any article or substance capable of being used in the composition or preparation of any food commonly used for human consumption which is found on premises on which that food is prepared shall, until the contrary is proved, be presumed to be intended for such use.
Competent authority
4
The competent authority for the purposes of the Community Regulations shall be the Agency except where it has delegated competences as provided for in those Regulations.
Enforcement
5
1
In respect of any food business operator to whose operations Regulation 852/2004 applies but Regulation 853/2004 does not apply —
a
the Agency shall enforce and execute the Hygiene Regulations in so far as the operator concerned is carrying out primary production and those associated operations listed in paragraph 1 of Part AI of Annex I to Regulation 852/2004 other than the associated operations described in sub–paragraphs (a) and (c) of that paragraph in so far as they concern wild game; and
b
the food authority in whose area the food business operator carries out his operations shall enforce and execute the Hygiene Regulations in so far as the operator concerned is carrying out operations which are not enforced and executed by the Agency pursuant to sub–paragraph (a).
2
In respect of any food business operator to whose operations both Regulation 852/2004 and Regulation 853/2004 apply —
a
the Agency shall enforce and execute the Hygiene Regulations in so far as the operator concerned is carrying out operations in relation to the following establishments and activities —
i
slaughterhouses,
ii
game handling establishments,
iii
cutting plants placing fresh meat on the market, and
iv
the activities in respect of eggs set out in Chapter I of Section X of Annex III to Regulation 853/2004; and
b
the Agency or the food authority in whose area the food business operator carries out his operations shall enforce and execute the Hygiene Regulations in so far as the operator concerned is carrying out operations in relation to any establishment or activity that is not specified in sub–paragraph (a).
3
In respect of —
a
collection centres and tanneries supplying raw material for the production of gelatine intended for human consumption pursuant to paragraph 5 of Chapter I of Section XIV of Annex III to Regulation 853/2004; and
b
collection centres and tanneries supplying raw material for the production of collagen intended for human consumption pursuant to paragraph 5 of Chapter I of Section XV of Annex III to Regulation 853/2004,
the food authority in whose area the collection centre or tannery concerned is situated shall enforce and execute the Hygiene Regulations.
4
Each food authority shall enforce and execute these Regulations in its area in relation to the matters regulated by —
a
Schedules 3 to 5; and
b
Schedule 6 in so far as it applies in relation to raw milk intended for direct human consumption other than raw cows' milk.
5
The Agency shall enforce and execute these Regulations in relation to the matters regulated by Schedule 6 in so far as it applies in relation to raw cows' milk intended for direct human consumption.
PART 2
MAIN PROVISIONS
Hygiene improvement notices
6
1
If an authorised officer of an enforcement authority has reasonable grounds for believing that a food business operator is failing to comply with the Hygiene Regulations, he may by a notice served on that person (in these Regulations referred to as a “hygiene improvement notice”) —
a
state the officer’s grounds for believing that the food business operator is failing to comply with the Hygiene Regulations;
b
specify the matters which constitute the food business operator’s failure to comply;
c
specify the measures which, in the officer’s opinion, the food business operator must take in order to secure compliance; and
d
require the food business operator to take those measures, or measures which are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.
2
Any person who fails to comply with a hygiene improvement notice shall be guilty of an offence.
Hygiene prohibition orders
7
1
If —
a
a food business operator is convicted of an offence under these Regulations; and
b
the court by or before which he is so convicted is satisfied that the health risk condition is fulfilled with respect to the food business concerned,
the court shall by an order impose the appropriate prohibition.
2
The health risk condition is fulfilled with respect to any food business if any of the following involves risk of injury to health (including any impairment, whether permanent or temporary), namely —
a
the use for the purposes of the business of any process or treatment;
b
the construction of any premises used for the purposes of the business, or the use for those purposes of any equipment; and
c
the state or condition of any premises or equipment used for the purposes of the business.
3
The appropriate prohibition is —
a
in a case falling within sub–paragraph (a) of paragraph (2), a prohibition on the use of the process or treatment for the purposes of the business;
b
in a case falling within sub–paragraph (b) of that paragraph, a prohibition on the use of the premises or equipment for the purposes of the business or any other food business of the same class or description; and
c
in a case falling within sub–paragraph (c) of that paragraph, a prohibition on the use of the premises or equipment for the purposes of any food business.
4
If —
a
a food business operator is convicted of an offence under these Regulations; and
b
the court by or before which he is so convicted thinks it proper to do so in all the circumstances of the case,
the court may, by an order, impose a prohibition on the food business operator participating in the management of any food business, or any food business of a class or description specified in the order.
5
As soon as practicable after the making of an order under paragraph (1) or (4) (in these Regulations referred to as a “hygiene prohibition order”), the enforcement authority shall —
a
serve a copy of the order on the relevant food business operator; and
b
in the case of an order made under paragraph (1), affix a copy of the order in a conspicuous position on such premises used for the purposes of the food business as they consider appropriate,
and any person who knowingly contravenes such an order shall be guilty of an offence.
6
A hygiene prohibition order shall cease to have effect —
a
in the case of an order made under paragraph (1), on the issue by the enforcement authority of a certificate to the effect that they are satisfied that the food business operator has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the food business; and
b
in the case of an order made under paragraph (4), on the giving by the court of a direction to that effect.
7
The enforcement authority shall issue a certificate under sub–paragraph (a) of paragraph (6) within three days of their being satisfied as mentioned in that sub–paragraph; and on an application by the food business operator for such a certificate, the authority shall —
a
determine, as soon as is reasonably practicable and in any event within 14 days, whether or not they are so satisfied; and
b
if they determine that they are not so satisfied, give notice to the food business operator of the reasons for that determination.
8
The court shall give a direction under sub–paragraph (b) of paragraph (6) if, on an application by the food business operator, the court thinks it proper to do so having regard to all the circumstances of the case, including in particular the conduct of the food business operator since the making of the order; but no such application shall be entertained if it is made —
a
within six months of the making of the hygiene prohibition order; or
b
within three months of the making by the food business operator of a previous application for such a direction.
9
Where a magistrates' court makes an order under paragraph (2) of regulation 8 with respect to any food business, paragraph (1) shall apply as if the food business operator had been convicted by the court of an offence under these Regulations.
10
Where the commission of an offence by a food business operator leads to the conviction of another person pursuant to regulation 10, paragraph (4) shall apply in relation to that other person as it applies in relation to the food business operator and any reference in paragraph (5) or (8) to the food business operator shall be construed accordingly.
Hygiene emergency prohibition notices and orders
8
1
If an authorised officer of an enforcement authority is satisfied that the health risk condition is fulfilled with respect to any food business he may by a notice served on the relevant food business operator (in these Regulations referred to as a “hygiene emergency prohibition notice”) impose the appropriate prohibition.
2
If a magistrates' court is satisfied, on the application of such an officer, that the health risk condition is fulfilled with respect to any food business, the court shall, by an order (in these Regulations referred to as a “hygiene emergency prohibition order”), impose the appropriate prohibition.
3
Such an officer shall not apply for a hygiene emergency prohibition order unless, at least one day before the date of the application, he has served notice on the relevant food business operator of his intention to apply for the order.
4
Paragraphs (2) and (3) of regulation 7 shall apply for the purposes of this regulation as they apply for the purposes of that regulation, but as if the reference in paragraph (2) to risk of injury to health were a reference to imminent risk of injury.
5
As soon as practicable after the service of a hygiene emergency prohibition notice, an authorised officer of an enforcement authority shall affix a copy of the notice in a conspicuous position on such premises used for the purposes of the food business as he considers appropriate; and any person who knowingly contravenes such a notice shall be guilty of an offence.
6
As soon as practicable after the making of a hygiene emergency prohibition order, an authorised officer of an enforcement authority shall —
a
serve a copy of the order on the relevant food business operator; and
b
affix a copy of the order in a conspicuous position on such premises used for the purposes of the food business as he considers appropriate,
and any person who knowingly contravenes such an order shall be guilty of an offence.
7
A hygiene emergency prohibition notice shall cease to have effect —
a
if no application for a hygiene emergency prohibition order is made within the period of three days beginning with the service of the notice, at the end of that period; or
b
if such an application is so made, on the determination or abandonment of the application.
8
A hygiene emergency prohibition notice or a hygiene emergency prohibition order shall cease to have effect on the issue by the enforcement authority of a certificate to the effect that they are satisfied that the food business operator has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the food business.
9
The enforcement authority shall issue a certificate under paragraph (8) within three days of their being satisfied as mentioned in that paragraph; and on an application by the food business operator for such a certificate, the authority shall —
a
determine as soon as is reasonably practicable and in any event within 14 days whether or not they are so satisfied; and
b
if they determine that they are not so satisfied, give notice to the food business operator of the reasons for that determination.
10
Where a hygiene emergency prohibition notice is served on a food business operator, the enforcement authority shall compensate him in respect of any loss suffered by reason of his complying with the notice unless —
a
an application for a hygiene emergency prohibition order is made within the period of three days beginning with the service of the notice; and
b
the court declares itself satisfied, on the hearing of the application, that the health risk condition was fulfilled with respect to the food business at the time when the notice was served,
and any disputed question as to the right to or the amount of any compensation payable under this paragraph shall be determined by arbitration.
Remedial action notices and detention notices
9
1
Where it appears to an authorised officer of an enforcement authority that in respect of an establishment subject to approval under Article 4(2) of Regulation 853/2004 —
a
any of the requirements of the Hygiene Regulations is being breached; or
b
inspection under the Hygiene Regulations is being hampered,
he may, by a notice served on the relevant food business operator or his duly authorised representative (in these Regulations referred to as a “remedial action notice”) —
c
prohibit the use of any equipment or any part of the establishment specified in the notice;
d
impose conditions upon or prohibit the carrying out of any process; or
e
require the rate of operation to be reduced to such extent as is specified in the notice, or to be stopped completely.
2
A remedial action notice shall be served as soon as practicable and shall state why it is being served.
3
If it is served under paragraph (1)(a), it shall specify the breach and the action needed to remedy it.
4
An authorised officer of the enforcement authority whose authorised officer served the original remedial action notice shall, as soon as he is satisfied that such action has been taken, withdraw the notice by a further notice in writing served on the food business operator or his duly authorised representative.
5
An authorised officer of an enforcement authority may, at an establishment subject to approval under Article 4(2) of Regulation 853/2004, by a notice served on the relevant food business operator or his duly authorised representative (in this regulation referred to as a “detention notice”) require the detention of any animal or food for the purposes of examination (including the taking of samples).
6
An authorised officer of the enforcement authority whose officer served the original detention notice shall, as soon as he is satisfied that the animal or food need no longer be detained, withdraw the notice by a further notice in writing served on the food business operator or his duly authorised representative.
7
Any person who fails to comply with a remedial action notice or a detention notice shall be guilty of an offence.
Offences due to fault of another person
10
Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first–mentioned person.
Defence of due diligence
11
1
In any proceedings for an offence under these Regulations, it shall, subject to paragraph (2), be a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
2
If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the accused shall not, without leave of the court, be entitled to rely on that defence unless —
a
at least seven clear days before the hearing; and
b
where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
PART 3
ADMINISTRATION AND ENFORCEMENT
Procurement of samples
12
An authorised officer of an enforcement authority may —
a
purchase a sample of any food, or any substance capable of being used in the preparation of food;
b
take a sample of any food, or any such substance, which —
i
appears to him to be intended for placing on the market or to have been placed on the market, for human consumption, or
ii
is found by him on or in any premises which he is authorised to enter by or under regulation 14;
c
take a sample from any food source, or a sample of any contact material, which is found by him on or in any such premises; and
d
take a sample of any article or substance which is found by him on or in any such premises and which he has reason to believe may be required as evidence in proceedings under any of the provisions of these Regulations.
Analysis etc. of samples
13
1
An authorised officer of an enforcement authority who has procured a sample under regulation 12 shall —
a
if he considers that the sample should be analysed, submit it to be analysed —
i
by the public analyst for the area in which the sample was procured, or
ii
by the public analyst for the area which consists of or includes the area of the authority;
b
if he considers that the sample should be examined, submit it to be examined by a food examiner.
2
A person, other than such an officer, who has purchased any food, or any substance capable of being used in the preparation of food, may submit a sample of it —
a
to be analysed by the public analyst for the area in which the purchase was made; or
b
to be examined by a food examiner.
3
If, in any case where a sample is proposed to be submitted for analysis under this regulation, the office of public analyst for the area in question is vacant, the sample shall be submitted to the public analyst for some other area.
4
If, in any case where a sample is proposed to be or is submitted for analysis or examination under this regulation, the food analyst or examiner determines that he is for any reason unable to perform the analysis or examination, the sample shall be submitted or, as the case may be, sent by him to such other food analyst or examiner as he may determine.
5
A food analyst or examiner shall analyse or examine as soon as practicable any sample submitted or sent to him under this regulation, but may, except where —
a
he is the public analyst for the area in question; and
b
the sample is submitted to him for analysis by an authorised officer of an enforcement authority,
demand in advance the payment of such reasonable fee as he may require.
6
Any food analyst or examiner who has analysed or examined a sample shall give to the person by whom it was submitted a certificate specifying the result of the analysis or examination.
7
Any certificate given by a food analyst or examiner under paragraph (6) shall be signed by him, but the analysis or examination may be made by any person acting under his direction.
8
In any proceedings under these Regulations, the production by one of the parties —
a
of a document purporting to be a certificate given by a food analyst or examiner under paragraph (6); or
b
of a document supplied to him by the other party as being a copy of such a certificate,
shall be sufficient evidence of the facts stated in it unless, in a case falling within sub–paragraph (a), the other party requires that the food analyst or examiner shall be called as a witness.
9
In this regulation where two or more public analysts are appointed for any area, any reference in these Regulations to the public analyst for that area shall be construed as a reference to either or any of them.
Powers of entry
14
1
An authorised officer of an enforcement authority other than the Agency shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours —
a
to enter any premises within the authority’s area or as the case may be district for the purpose of ascertaining whether there is or has been on the premises any contravention of the provisions of the Hygiene Regulations;
b
to enter any premises, whether within or outside the authority’s area or as the case may be district, for the purpose of ascertaining whether there is on the premises any evidence of any such contravention within that area or district; and
c
to enter any premises for the purpose of the performance by the authority of their functions under the Hygiene Regulations,
but admission to any premises used only as a private dwelling–house shall not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupier.
2
An authorised officer of the Agency shall, on producing if so required some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises for the purpose of —
a
ascertaining whether there is or has been on the premises any contravention of the provisions of the Hygiene Regulations;
b
ascertaining whether there is on the premises any evidence of any such contravention; and
c
the performance by the Agency of its functions under the Hygiene Regulations,
but admission to any premises used only as a private dwelling–house shall not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupier.
3
If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry onto any premises for any such purpose as is mentioned in paragraph (1) or (2) and either —
a
that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or
b
that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is temporarily absent,
the justice may by warrant signed by him authorise the authorised officer to enter the premises, if need be by reasonable force.
4
Every warrant granted under this regulation shall continue in force for a period of one month.
5
An authorised officer entering any premises by virtue of this regulation, or of a warrant issued under it, may take with him such other persons as he considers necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as he found them.
6
An authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, may inspect any records (in whatever form they are held) relating to a food business and, where any such records are stored in any electronic form —
a
may have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and
b
may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.
7
Any officer exercising any power conferred by paragraph (6) may —
a
seize and detain any records which he has reason to believe may be required as evidence in proceedings under any of the provisions of these Regulations; and
b
where the records are stored in any electronic form, require the records to be produced in a form in which they may be taken away.
8
If any person who enters any premises by virtue of this regulation, or of a warrant issued under it, discloses to any person any information obtained by him on the premises with regard to any trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.
9
Nothing in this regulation authorises any person, except with the permission of the local authority under the Animal Health Act 1981 , to enter any premises —
a
on which an animal or bird affected with any disease to which that Act applies is kept; and
b
which is situated in a place declared under that Act to be infected with such a disease.
Obstruction etc. of officers
15
1
Any person who —
a
intentionally obstructs any person acting in the execution of the Hygiene Regulations; or
b
without reasonable cause, fails to give to any person acting in the execution of the Hygiene Regulations any assistance or information which that person may reasonably require of him for the performance of his functions under the Hygiene Regulations,
shall be guilty of an offence.
2
Any person who, in purported compliance with any such requirement as is mentioned in sub–paragraph (b) of paragraph (1) —
a
furnishes information which he knows to be false or misleading in a material particular; or
b
recklessly furnishes information which is false or misleading in a material particular,
shall be guilty of an offence.
3
Nothing in sub–paragraph (b) of paragraph (1) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Time limit for prosecutions
16
No prosecution for an offence under these Regulations which is punishable under paragraph (2) of regulation 17 shall be begun after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor,
whichever is the earlier.
Offences and penalties
17
1
Subject to paragraph (4), any person who contravenes or fails to comply with any of the specified Community provisions shall be guilty of an offence.
2
Subject to paragraph (3), a person guilty of an offence under these Regulations shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both.
3
A person guilty of an offence under regulation 15 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
4
A person shall be considered not to have contravened or failed to comply with Article 4(2) of Regulation 852/2004 as read with paragraph 4 of Chapter IV of Annex II to that Regulation (bulk foodstuffs in liquid, granulate or powder form to be transported in receptacles and/or containers/tankers reserved for the transport of foodstuffs) provided the requirements of Schedule 3 are complied with.
Offences by bodies corporate
18
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
In sub–paragraph (a) of paragraph (1) “director”, in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.
Offences by Scottish partnerships
19
Where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he, as well as the partnership shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.
Right of appeal
20
1
Any person who is aggrieved by —
a
a decision of an authorised officer of an enforcement authority to serve a hygiene improvement notice;
b
a decision of an enforcement authority to refuse to issue a certificate under paragraph (6) of regulation 7 or paragraph (8) of regulation 8; or
c
a decision of an authorised officer of an enforcement authority to serve a remedial action notice,
may appeal to a magistrates' court.
2
The procedure on an appeal to a magistrates' court under paragraph (1) shall be by way of complaint for an order, and the Magistrates' Courts Act 1980 shall apply to the proceedings.
3
The period within which an appeal under paragraph (1) may be brought shall be —
a
one month from the date on which notice of the decision was served on the person desiring to appeal; or
b
in the case of an appeal against a decision to issue a hygiene improvement notice, the period specified in sub–paragraph (a) or, if it is shorter, the period specified in the notice pursuant to sub–paragraph (d) of paragraph (1) of regulation 6,
and the making of a complaint for an order shall be deemed for the purposes of this paragraph to be the bringing of the appeal.
Appeals to Crown Court
21
A person who is aggrieved by —
a
the dismissal by a magistrates' court of an appeal to it under paragraph (1) of regulation 20; or
b
any decision of such a court to make a hygiene prohibition order or a hygiene emergency prohibition order,
may appeal to the Crown Court.
Appeals against hygiene improvement notices and remedial action notices
22
1
On an appeal against a hygiene improvement notice or a remedial action notice, the court may cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstances think fit.
2
Where any period specified in a hygiene improvement notice pursuant to sub–paragraph (d) of paragraph (1) of regulation 6 would otherwise include any day on which an appeal against that notice is pending, that day shall be excluded from that period.
3
Any appeal shall be regarded as pending for the purposes of paragraph (2) until it is finally disposed of, is withdrawn or is struck out for want of prosecution.
Application of section 9 of the Food Safety Act 1990
23
Section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations with the modification that it shall apply in relation to an authorised officer of an enforcement authority as it applies in relation to an authorised officer of a food authority.
PART 4
MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
Power to issue codes of recommended practice
24
1
For the guidance of food authorities, the Secretary of State may issue codes of recommended practice as regards the execution and enforcement of the Hygiene Regulations and any such code shall be laid before Parliament after being issued.
2
The Agency may, after consulting the Secretary of State, give a food authority a direction requiring them to take any specified steps in order to comply with a code issued under this regulation.
3
In exercise of the functions conferred on them by or under the Hygiene Regulations, every food authority —
a
shall have regard to any relevant provision of any such code; and
b
shall comply with any direction which is given under this regulation and requires them to take any specified steps in order to comply with such a code.
4
Any direction under paragraph (2) shall, on the application of the Agency, be enforceable by mandatory order.
5
The Agency shall consult the Secretary of State before making an application under paragraph (4).
6
Before issuing any code under this regulation, the Secretary of State shall have regard to any relevant advice given by the Agency.
Protection of officers acting in good faith
25
1
An officer of an enforcement authority is not personally liable in respect of any act done by him —
a
in the execution or purported execution of the Hygiene Regulations; and
b
within the scope of his employment,
if he did that act in the honest belief that his duty under the Hygiene Regulations required or entitled him to do it.
2
Nothing in paragraph (1) shall be construed as relieving any enforcement authority of any liability in respect of the acts of their officers.
3
Where an action has been brought against an officer of an enforcement authority in respect of an act done by him —
a
in the execution or purported execution of the Hygiene Regulations; but
b
outside the scope of his employment,
the authority may indemnify him against the whole or a part of any damages which he has been ordered to pay or any costs which he may have incurred if they are satisfied that he honestly believed that the act complained of was within the scope of his employment.
4
A public analyst appointed by a food authority shall be treated for the purposes of this regulation as being an officer of the authority, whether or not his appointment is a whole–time one.
Revocation and suspension of designations and appointments
26
1
Subject to paragraphs (2) and (3), the Agency may at any time revoke or suspend —
a
the appointment of an official veterinarian;
b
the designation of an approved veterinarian; or
c
the appointment of an official auxiliary,
if it appears to the Agency that the person in question is unfit to perform any of the functions of that post under the Hygiene Regulations.
2
Where the Agency revokes or suspends a designation or appointment under paragraph (1), the Agency shall, as soon as practicable, give to the person whose designation or appointment has been revoked or suspended a notice in writing of the reasons for the revocation or suspension and shall afford him an opportunity of —
a
making representations in writing to the Agency with regard to the revocation or suspension; or
b
being heard by a person nominated by the Agency for the purpose pursuant to sub–paragraph (a) of paragraph (5).
3
A notice given under paragraph (2) shall inform the person to whom it is given —
a
of his right to make representations in writing;
b
of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations may be made;
c
of his right to be heard; and
d
of the manner in which and the time (not being less than 21 days from the giving of the notice) within which he may apply for an opportunity to be heard.
4
In the event of the person whose designation or appointment has been revoked or suspended making any representations (whether orally or in writing) under paragraph (3) the Agency shall reconsider whether that person is unfit to perform any of the functions of the post held by him under the Hygiene Regulations and shall, as soon as practicable, reconsider its decision to revoke or suspend the designation or appointment under paragraph (1) in the light of those representations.
5
Where a person requests the opportunity to be heard pursuant to sub–paragraph (b) of paragraph (2) —
a
the Agency shall nominate a person to determine the matter from the list established under paragraph (6);
b
the person so nominated shall serve a notice on the person requesting the opportunity to be heard and the Agency informing them of the time (not being less than 21 days from the giving of the notice) of the hearing; and
c
the person so nominated shall, within 21 days of the hearing, notify the person requesting the opportunity to be heard and the Agency of his decision.
6
The Agency shall establish and maintain a list of people who may be nominated for the purposes of this regulation and shall consult those organisations appearing to it to represent official veterinarians, approved veterinarians and official auxiliaries before including any person on the list.
Food which has not been produced, processed or distributed in accordance with the Hygiene Regulations
27
1
On an inspection of any food, an authorised officer of an enforcement authority may certify that it has not been produced, processed or distributed in compliance with the Hygiene Regulations.
2
Where any food is certified as mentioned in paragraph (1) it shall be treated for the purposes of section 9 of the Act as failing to comply with food safety requirements.
3
Where any food certified as mentioned in paragraph (1) is part of a batch, lot or consignment of food of the same class or description, all the food in the batch, lot or consignment shall, until it is proved that it has been produced, processed or distributed in compliance with the Hygiene Regulations, be treated for the purposes of paragraph (2) as having been so certified.
Service of documents
28
1
Any document which is required or authorised under the Hygiene Regulations to be served on a food business operator may be served —
a
by delivering it to that person;
b
in the case of an incorporated company or body, by delivering it to their secretary at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office; or
c
in the case of any other food business operator, by leaving it or sending it in a prepaid letter addressed to him at his usual or last known residence.
2
Where a document is to be served on a food business operator under the Hygiene Regulations and it is not reasonably practicable to ascertain the name and address of the person on whom it should be served, or the premises of the food business operator are unoccupied, the document may be served by addressing it to the food business operator concerned in the capacity of occupier of those premises (naming them), and —
a
by delivering it to some other person at the premises; and
b
if there is no other person at the premises to whom it can be delivered, by affixing it or a copy of it to some conspicuous part of the premises.
Bulk transport in sea–going vessels of liquid oils or fats and the bulk transport by sea of raw sugar
29
Schedule 3 (bulk transport in sea–going vessels of liquid oils or fats and the bulk transport by sea of raw sugar) shall have effect.
Temperature control requirements
30
Schedule 4 (temperature control requirements) shall have effect.
Direct supply by the producer of small quantities of meat from poultry and lagomorphs slaughtered on the farm
31
Schedule 5 (direct supply by the producer of small quantities of meat from poultry and lagomorphs slaughtered on the farm) shall have effect.
Restrictions on the sale of raw milk intended for direct human consumption
32
Schedule 6 (restrictions on the sale of raw milk intended for direct human consumption) shall have effect.
Revocations
33
1
In so far as they apply in relation to England, the instruments specified in Column 1 of Schedule 7 are revoked to the extent specified in Column 3 of that Schedule.
2
The following Regulations are revoked —
a
the Gelatine (Intra–Community Trade) (England) Regulations 2001 ; and
b
the Collagen and Gelatine (Intra–Community Trade) (England) (No. 2) Regulations 2003 .
Signed by authority of the Secretary of State for Health
Caroline Flint
Parliamentary Under Secretary of State
Department of Health
21st July 2005


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Social Security Contributions (Intermediaries) (Amendment) Regulations 2005.
2
Except for regulation 8, these Regulations shall come into force on 5th December 2005, have effect for the tax year 2005-06 and subsequent tax years, and apply in relation to services performed, or to be performed, on or after 5th December 2005.
3
Regulation 8 shall come into force on 6th April 2006, have effect for the tax year 2006-07 and subsequent tax years, and apply in relation to services performed, or to be performed, on or after 6th April 2006.
Interpretation
2
In these Regulations —
“the principal Regulations ” means the Social Security Contributions (Intermediaries) Regulations 2000 ;
“intermediary” has the meaning given in regulation 5 of the principal Regulations;
“tax year” means the 12 months beginning with 6th April in any year;
“worker” has the meaning given in regulation 6(1)(a) of the principal Regulations.
Amendment of the principal Regulations
3
The principal Regulations are amended as follows.
4
1
Amend regulation 2 (interpretation) as follows.
2
In paragraph (1) for the definition of “the Board” substitute —
“the Board” means the Commissioners for Her Majesty’s Revenue and Customs;
.
3
After paragraph (5) insert the following paragraph —
6
For the purposes of these Regulations two people of the same sex living together as if they were civil partners of each other are treated as if they were civil partners of each other; and, for the purposes of these Regulations, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.
.
5
In regulation 5(6) (meaning of intermediary) for “husband or wife” substitute “spouse or civil partner”.
6
1
Amend regulation 7 (calculation of worker’s attributable earnings) as follows.
2
In paragraph (1), in Step Five, after the words “the employee”, insert “, and any payments made in that year in respect of the worker by the intermediary in respect of any of the Pensions Act levies”.
3
After paragraph (10) insert the following paragraph —
11
In this regulation “the Pensions Act levies” means —
a
the administration levy referred to in section 117(1) of the Pensions Act 2004 ;
b
the initial levy referred to in section 174(1) of that Act;
c
the risk-based pension protection levy referred to in section 175(1)(a) of that Act;
d
the scheme-based pension protection levy referred to in section 175(1)(b) of that Act;
e
the fraud compensation levy referred to in section 189(1) of that Act;
f
a levy in respect of eligible schemes imposed by regulations made under section 209(7) of that Act (the Ombudsman for the Board of the Pension Protection Fund).
.
Transitional provision
7
1
This regulation applies for the purposes of the tax year 2005-06 (“the relevant year”) in the case of a worker to whom the principal Regulations apply only by virtue of the amendment made by regulation 5 of these Regulations.
2
For the purposes of the relevant year regulation 7(1) of the principal Regulations shall have effect as if —
a
for “a tax year” there were substituted “the relevant period”;
b
for each of the references to “in that year” there were substituted “in that period”;
c
in Step Six for “for that year” there were substituted “for the relevant period”; and
d
at the end there were added —
In this paragraph “the relevant period” means the period beginning with 5th December 2005 and ending with 5th April 2006.
.
Further amendment of the principal Regulations
8
1
The principal Regulations are also amended as follows.
2
In regulation 7(1), in Step Five, for “a scheme approved under Chapter I or Chapter IV of Part XIV of the Taxes Act” substitute “a registered pension scheme for the purposes of Part 4 of the Finance Act 2004 ”.
Vernon Coaker
Gillian Merron
Two of the Lords Commissioners of Her Majesty’s Treasury
10th November 2005
The Secretary of State concurs
Signed by authority of the Secretary of State
Philip A Hunt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
8th November 2005