text:
Citation and commencement
1
This Order may be cited as the Olympic Delivery Authority (Planning Functions) Order 2006 and shall come into force on 7 th September 2006.
Interpretation
2
In this Order —
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“the development area” means the area specified in article 3 of this Order;
“the Listed Buildings Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“the ODA ” means the body corporate known as the Olympic Delivery Authority established by section 3 of the London Olympic Games and Paralympic Games Act 2006 .
Development Area
3
1
The area shown on the map (and known as the Olympic Park) reference Olympic Delivery Authority Boundary, bounded externally by a black line and edged internally by a stippled band is specified for the purposes of this Order.
2
In paragraph (1) “the map” means the map entitled “Map referred to in the Olympic Delivery Authority (Planning Functions) Order 2006” of which prints signed by a Director in the Department for Communities and Local Government, are deposited and available for inspection at the offices of the Secretary of State for Communities and Local Government, the offices of the Olympic Delivery Authority, and the Council offices of the London Boroughs of Hackney, Newham, Tower Hamlets and Waltham Forest.
Planning functions of the Olympic Delivery Authority
4
Subject to articles 7 and 8 the ODA shall be the local planning authority for the development area for the purposes of Part 3 of the 1990 Act in relation to all kinds of development.
Additional functions conferred on the Olympic Delivery Authority
5
The ODA shall have in the whole of the development area the functions conferred by all of the provisions of the 1990 Act and the Listed Building Act specified in Part 1 of Schedule 29 to the 1980 Act .
Modifications of the provisions of the 1990 Act and the Listed Buildings Act
6
All the provisions of the 1990 Act and the Listed Buildings Act 1990 specified in Part 2 of Schedule 29 to the 1980 Act shall have effect in relation to the ODA and to the development area with the modifications specified in that Part.
Transitional arrangements: planning applications
7
1
Paragraphs (2) (3) and (4) of this article apply as respects any application for planning permission or for a consent, approval or determination under the 1990 Act, or the Listed Buildings Act, or under any order or regulation made or having effect under those Acts which —
a
was duly made before this Order came into force to an authority which ceases by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority responsible for determining the application (“the previous authority”); and
b
has not been determined when this Order comes into force.
2
The previous authority must transmit any application referred to in paragraph (1) to the ODA for determination.
3
Where the previous authority transmits an application to the ODA for determination, the application shall be accompanied by a copy of any representation received by the previous authority concerning the application.
4
Where notices, certificates, publicity or consultations have been, or are in the process of being, given or carried out in relation to an application before the day on which it is transmitted to the ODA, no further notices, certificates, publicity or consultations shall be required solely because the application has been transmitted.
5
Where an appeal is made to the Secretary of State under section 78 of the 1990 Act or section 20 of the Listed Buildings Act against a decision or determination made in relation to land within the development area by an authority which ceased by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority responsible for making such decisions or determinations, that authority shall —
a
continue to be the local planning authority for the purposes of the appeal; and
b
shall notify the ODA of the appeal and transmit to the Secretary of State any representation received from the ODA.
Transitional provision: compensation
8
1
Where a right to compensation arises under section 107 , 108, 115, 186 , 203 or 204 of the 1990 Act or section 28 or 29 of the Listed Buildings Act in consequence of action taken in relation to land within the development area by an authority which ceases by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority in relation to that matter, the liability to pay compensation shall lie with that authority.
2
Where —
a
the Secretary of State makes a determination —
i
of an appeal against action taken by such authority as is mentioned in paragraph (1); or
ii
on a reference made to him by such authority; and
b
that determination gives rise to a right to compensation,
that authority shall be liable to pay the compensation.
3
Where the Secretary of State —
a
makes an order under section 100 , 104 or 202, or paragraph 11 of Schedule 9 to, the 1990 Act in respect of a matter arising before this Order comes into force which relates to land in the development area; or
b
serves a notice under section 185 of that Act in respect such a matter,
the authority which was the local planning authority in relation to that land when the matter arose shall remain liable to pay any compensation arising from the order or notice.
Signed by authority of the Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
9th August 2006


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Application to Courts-Martial) Order 2006 and shall come into force on 6th December 2006.
2
In this Order––
“ the Act ” means the Youth Justice and Criminal Evidence Act 1999;
“continuing proceedings” means proceedings instituted before the date on which this Order comes into force;
“existing special measures power” means any existing power of the judge advocate to make an order or give leave for the taking of measures in relation to a witness which are similar to those which could be provided for by a special measures direction;
“judge advocate” has the same meaning as in section 84B of the Army Act 1955 ;
“special measures direction” means a direction under section 19 of the Act.
3
For the purposes of this Order, proceedings before a court-martial are to be taken to be instituted when the prosecuting authority referred to in subsection (4) of section 83B of the Army Act 1955 , section 83B of the Air Force Act 1955 or section 52I of the Naval Discipline Act 1957 (as the case may be) prefers a charge under that subsection.
Application of the Act
2
1
The provisions of the Act which are specified in column 1 of Schedule 1 to this Order shall apply to the proceedings to which this Order applies, subject to the modifications specified in column 2 of that Schedule.
2
The provisions of the Act which are specified in column 1 of Schedule 2 to this Order (in so far as they are in force) shall have effect for the purpose of proceedings to which this Order applies subject to the modifications specified in column 2 of that Schedule.
3
This Order applies to any proceedings before a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.
Transitional provisions
3
1
A special measures direction may be given in relation to a witness in continuing proceedings unless the judge advocate has before the date this Order comes into force —
a
given leave in relation to the witness in connection with those proceedings under section 32 (evidence through television links) or section 32A (video recordings of testimony of child witnesses) of the Criminal Justice Act 1988 ; or
b
exercised any existing special measures power in relation to the witness in connection with those proceedings.
2
Nothing in —
a
Chapter 2,
b
Chapter 3, and
c
Chapter 5,
of Part 2 of the Act applies in relation to continuing proceedings.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
30th October 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wimbledon School of Art Higher Education Corporation (Dissolution) Order 2006 and comes into force on 1st August 2006.
2
In this Order —
“the Wimbledon Corporation” means the higher education corporation known as Wimbledon School of Art;
“the University Corporation” means the higher education corporation known as the University of the Arts, London.
Dissolution of Wimbledon School of Art
2
The Wimbledon Corporation shall be dissolved on 1st August 2006 and all of its property, rights and liabilities shall be transferred to the University Corporation.
3
Section 127 of the Education Reform Act 1988 shall apply to any person employed by the Wimbledon Corporation immediately before 1st August 2006 as if reference in that section to —
a
a person to whom that section applies were to a person so employed;
b
the transfer date were to 1st August 2006;
c
the transferor authority were to the Wimbledon Corporation; and
d
the corporation were to the University Corporation.
Bill Rammell
Minister of State
Department for Education and Skills
1st July 2006


text:
Citation and Commencement
1
These Regulations may be cited as the Student Fees (Inflation Index) Regulations 2006 and come into force on 31st March 2006.
Inflation Index
2
The index of prices to which the Secretary of State is required by section 26(3) of the 2004 Act to have regard in satisfying herself that any increase to the basic and higher amounts is no greater than is required to maintain the value of the amount in real terms, is the All Items Retail Prices Index Excluding Mortgage Interest Repayments published by the Office of National Statistics.
Bill Rammell
Minister of State
Department for Education and Skills
27th February 2006


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Register) (Amendment) Regulations 2006 and shall come into force on 10th March 2006.
Amendment of the Wireless Telegraphy (Register) Regulations 2004
2
1
The Wireless Telegraphy (Register) Regulations 2004 are amended as follows.
2
In the Schedule, after Part 6 add the following Part —
PART 7
Column 1 Column 2
Licence class Frequency bands Concurrent Spectrum Access 1781.7 MHz to 1785.0 MHz 1876.7 MHz to 1880.0 MHz
.
Stephen Carter
Chief Executive of the Office of Communications For and by authority of the Office of Communications
14th February 2006


text:
PART 1 Preliminary
Title, application and commencement
1
These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (England) (No.2) Regulations 2006, apply in relation to England only and come into force on 19th November 2006.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“authorised officer” means any person, whether or not an officer of the enforcement authority, who is authorised by it in writing to act in matters arising under these Regulations;
“BADGE” has the meaning given in Article 1(1)(a) of Regulation 1895/2005 ;
“ BFDGE ” has the meaning given in Article 1(1)(b) of Regulation 1895/2005;
“business” is to be construed in accordance with section 1(3) of the Act;
“capable” means capable as established under regulation 11;
“ Directive 82/711 ” means Council Directive 82/711/ EEC laying down the basic rules necessary for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs, as last amended by Commission Directive 97/48/ EC ;
“ Directive 85/572 ” means Council Directive 85/572/EEC laying down the list of simulants to be used for testing migration of constituents of plastic materials and articles intended to come into contact with foodstuffs ;
“ Directive 88/388 ” means Council Directive 88/388/EEC on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production ;
“ Directive 89/107 ” means Council Directive 89/107/EEC on the approximation of the laws of the Member States concerning food additives authorised in foodstuffs intended for human consumption ;
“ the Directive ” means Commission Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with foodstuffs, as amended by Commission Directive 2004/1/EC , Commission Directive 2004/19/EC and Commission Directive 2005/79/EC ;
“ EEA State” means a Member State (other than the United Kingdom), Norway, Iceland and Liechtenstein;
“ EFSA ” means the European Food Safety Authority;
“enforcement authority” means an authority having responsibility under regulation 14 for executing and enforcing these Regulations;
“food” is to be construed in accordance with section 16(5) of the Act;
“good technical quality” means good technical quality as regards the purity criteria;
“handling of food” means use in connection with the storage, preparation, packaging, sale or serving of food;
“import” means import in the course of a business;
“material or article” means a material or article falling within the definition of materials and articles in Article 1(2) of Regulation 1895/2005;
“monomer” means any substance that is included for the purposes of the Directive among monomers and other starting substances;
“ NOGE ” has the meaning given in Article 1(1)(c) of Regulation 1895/2005;
“the 1998 Regulations ” means the Plastic Materials and Articles in Contact with Food Regulations 1998 ;
“the 2005 Regulations ” means the Materials and Articles in Contact with Food (England) Regulations 2005 ;
“plastic material or article” means anything which for the purposes of the Directive is included among those plastic materials and articles and parts thereof to which the Directive applies;
“the Purity Directives ” means Commission Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs , Commission Directive 95/45/EC laying down purity criteria concerning colours for use in foodstuffs and Commission Directive 96/77/EC laying down specific purity criteria for food additives other than colours or sweeteners ;
“Regulation 1895/2005” means Commission Regulation (EC) No 1895/2005 on the restriction of use of certain epoxy derivatives in materials and articles intended to come into contact with food ;
“sell” includes offer or expose for sale or have in possession for sale, and “sale” shall be construed accordingly;
2
For the purposes of these Regulations the supply otherwise than on sale, in the course of a business, of any material or article is deemed to be a sale.
3
Any other expression used in these Regulations and in the Directive, Directive 82/711, Directive 85/572 or Regulation 1895/2005 bears the same meaning in these Regulations as it bears in that Directive or Regulation.
4
Except in Part 5 of Schedule 3, any reference to a numbered Annex is a reference to that Annex to the Directive.
PART 2 Requirements for Materials and Articles
Restriction on the use, sale or import of plastic materials and articles
3
1
No person may —
a
use for the handling of food in the course of a business;
b
sell for the purpose of handling of food; or
c
import from anywhere other than an EEA State for the purpose of handling of food,
a plastic material or article which fails to meet the required standard.
2
For the purposes of this regulation a plastic material or article fails to meet the required standard if —
a
it has been manufactured with a prohibited monomer as described in regulation 4(2) or a prohibited additive as described in regulation 5(2); or
b
it does not meet the required standards set out in regulation 6, 7, 8, 9 or 10.
Restriction on the use of monomers in the manufacture of plastic materials and articles
4
1
Subject to paragraphs (3), (4) and (5), no person may use any prohibited monomer in the manufacture of any plastic material or article.
2
A prohibited monomer is any monomer which is not —
a
of good technical quality;
b
identified by PM/REF No, CAS No (if any) and name in columns 1, 2 and 3 respectively of Sections A or B of Annex II ; and
c
used in accordance with any restrictions and specifications for that monomer set out or referred to in column 4 of those Sections.
3
Paragraph (1) does not apply to the use of a monomer in the manufacture of any —
a
surface coatings obtained from resinous or polymerised products in liquid, powder or dispersion form, including but not limited to varnishes, lacquers and paints;
b
epoxy resins;
c
adhesives and adhesion promoters; or
d
printing inks.
4
Paragraph (1) shall not be taken to prohibit the manufacture of any plastic material or article with any substance if the substance in question is a mixture which falls within paragraph 3(c) (relating to mixtures of authorised substances) of Annex II and is of good technical quality.
5
In any proceedings for an offence under these Regulations where it is alleged that a plastic material or article does not comply with paragraph (1) because it was manufactured with any monomer (whether or not of good technical quality) other than one mentioned in paragraph (2)(b) it shall be a defence for the person accused to prove that each such monomer —
a
is present in the finished plastic material as an impurity, a reaction intermediate or a decomposition product which falls within paragraph 3(a) of Annex II, or
b
is an oligomer or a natural or synthetic macromolecular substance or a mixture thereof which falls within paragraph 3(b) of that Annex,
and is of good technical quality.
6
Schedule 1 has effect to supplement this regulation.
Restriction on the use of additives in the manufacture of plastic materials and articles
5
1
Subject to paragraph (3) no person may use in the manufacture of any plastic material or article any prohibited additive.
2
A prohibited additive is —
a
any additive identified by PM/REF No, CAS No (if any) and name in columns 1, 2 and 3 respectively of Section A or B of Annex III which —
i
is not of good technical quality, or
ii
is not used in accordance with any restrictions and specifications for that additive set out in the corresponding entry in column 4 of Section A or B of that Annex; or
b
any food additive authorised by Directive 89/107 or any flavouring authorised by Directive 88/388 that migrates into food —
i
in a quantity that has a technological function in the final food product, or
ii
where the food is of a type for which the use of any such food additive or flavouring is so authorised, in quantities exceeding the limits provided for in Directive 89/107 or Directive 88/388 as appropriate, or in Annex III, whichever is the lower.
3
In any proceedings for an offence under these Regulations where it is alleged that the commission of the offence is due to the manufacture of a plastic material or article with any additive identified in Section A or B of Annex III which is not of good technical quality, it shall be a defence for the person accused to prove that each such additive is present in the finished plastic material or article as an impurity, a reaction intermediate or a decomposition product.
4
Schedule 1 has effect to supplement this regulation.
Required standard for non-migration of constituents of monomers
6
1
Subject to paragraph (2), where a migration limit expressed in mg/ kg is indicated in column 4 of the relevant section of Section A or B of Annex II in relation to any monomer, a plastic material or article manufactured from that monomer meets the required standard under this regulation if it is not capable of transferring constituents of that monomer to food with which the plastic material or article may come into contact in quantities exceeding the appropriate limit, and for the purposes of this paragraph the appropriate limit is —
a
the number of milligrams expressed in column 4 released per kilogram of food in the case of any plastic material or article other than one specified in sub-paragraph (b); and
b
one sixth of the number of milligrams expressed in column 4 per square decimetre of surface area of the plastic material or article if the plastic material or article comprises —
i
an article which is a container or is comparable to a container or can be filled, having a capacity of less than 500 millilitres or more than 10 litres, or
ii
sheet, film or other plastic material or article which cannot be filled or for which it is impracticable to estimate the relationship between the surface area of the material or article in question and the quantity of food in contact with that surface area.
2
A plastic material or article manufactured from any monomer for which a migration limit in mg/kg is expressed in column 4 of Section A or B of Annex II is not deemed to be capable of transferring constituents of that monomer to food with which the plastic material or article may come into contact in quantities exceeding the appropriate limit in paragraph (1) if the only food with which that plastic material or article may come into contact is food to which regulation 9(3) applies.
Required standard for non-migration of constituents of additives
7
1
Subject to paragraph (2), where a migration limit expressed in mg/kg is indicated in column 4 of Section A or B of Annex III in relation to any additive, a plastic material or article manufactured containing that additive meets the required standard under this regulation if it is not capable of transferring constituents of that additive to food with which the plastic material or article may come into contact in quantities exceeding the appropriate limit, and for the purposes of this paragraph the appropriate limit is —
a
the number of milligrams indicated in column 4 released per kilogram of food in the case of any plastic material or article other than one specified in sub-paragraph (b); and
b
one sixth of the number of milligrams expressed in column 4 per square decimetre of surface area of the plastic material or article if the plastic material or article comprises —
i
an article which is a container or is comparable to a container or can be filled, having a capacity of less than 500 millilitres or more than 10 litres, or
ii
sheet, film or other plastic material or article which cannot be filled or for which it is impracticable to estimate the relationship between the surface area of the material or article in question and the quantity of food in contact with that surface area.
2
A plastic material or article manufactured containing an additive for which a migration limit in mg/kg is expressed in column 4 is not deemed to be capable of transferring constituents of that additive to food with which the plastic material or article may come into contact in quantities exceeding the appropriate limit in paragraph (1) if the only food with which that plastic material or article may come into contact is food to which regulation 9(3) applies.
Required standard for products obtained by bacterial fermentation
8
A product obtained by bacterial fermentation meets the required standard under this regulation if it is —
a
of good technical quality;
b
identified by PM/REF No, CAS No and name in columns 1, 2 and 3 respectively of Annex IV ; and
c
in compliance with the restrictions and specifications set out in column 4 of that Annex.
Required standards relating to overall migration limits
9
1
Subject to paragraph (3), a plastic material or article meets the required standard under this regulation if it is not capable of transferring its constituents to food with which it may come into contact in quantities exceeding the appropriate limit specified in paragraph (2).
2
a
In the case of any plastic material or article comprising —
i
an article which is a container or comparable to a container or can be filled, with a capacity of not less than 500 millilitres and not more than 10 litres;
ii
an article which can be filled and for which it is impracticable to estimate the surface area in contact with food; or
iii
a cap, gasket, stopper or similar device for sealing,
the appropriate limit is an overall migration limit of 60 milligrams of constituents released per kilogram of food.
b
In the case of any other plastic material or article, the appropriate limit is an overall migration limit of 10 milligrams per square decimetre of the surface area of the plastic material or article.
3
For the purposes of this regulation a plastic material or article is not deemed to fail to meet the required standard under paragraph (1) if the only food with which that material or article may come into contact is food —
a
which is specified in the table to Part 4 of Schedule 3; and
b
where there is no “X” placed anywhere in the group of columns headed “Simulants to be used” opposite that food.
4
In any proceedings for an offence under these Regulations where it is alleged that a plastic material or article does not comply with this regulation, the defence available in paragraph 6(2) of Schedule 2 shall be available as specified in that paragraph.
Required standard for non-migration of primary aromatic amines
10
1
Subject to paragraph (3), a plastic material or article manufactured using isocyanates or colourants prepared by diazo-coupling meets the required standard under this regulation if it is not capable of transferring in a detectable quantity primary aromatic amines (expressed as aniline), not being primary aromatic amines listed in the Directive, to food with which that plastic material or article may come into contact.
2
Part B of Annex V has effect for the purpose of prescribing, for certain items listed in Section A or B of Annex II, Section A or B of Annex III, or Annex IV, the specifications for those items that are referred to in column 4 of the Annex or Section of Annex concerned.
3
For the purposes of paragraph (1) a detectable quantity means a quantity which can be determined with an analytical method capable of achieving a detection limit of at least 0.02 milligrams per kilogram of food or food simulant (including analytical tolerance).
Method of testing the capability of plastic materials or articles to transfer constituents, and methods of analysis
11
1
A plastic material or article shall be treated as capable of transferring constituents to food with which it may come into contact to the extent that such capability is established —
a
in any case other than one to which sub-paragraph (b) applies, and subject to Article 8.4 of the Directive (which may be applied on compliance with the conditions stated therein), by the verification methods specified in Schedule 2 (including the analytical tolerances referred to in paragraph 8 of that Schedule) and Schedule 3;
b
in any case where the extent to which vinyl chloride, as identified in Section A of Annex II, is capable of such transfer falls to be established, by the method referred to in regulation 7(2) of the 2005 Regulations.
2
In Schedules 2 and 3, references to migration or release of a substance are to be construed as references to the transfer of constituents to the simulant representing the food or, as the case may be, food with which it may come into contact.
3
The specific migration of a constituent from a plastic material or article shall where applicable be determined in the manner specified in the relevant sub-paragraph of paragraph 8 of Annex II.
4
The quantity of a constituent in a plastic material or article shall where applicable be determined in the manner specified in the sub-paragraph of paragraph 8 of Annex II relating to the term “QM(T)”, “QMA(T)” or, as the case may be, “QMA”.
Labelling
12
1
At marketing stages other than the retail stage a person who is in possession of any plastic material or article must ensure that the plastic material or article is accompanied by a written declaration which —
a
accords with Article 16(1) of Regulation (EC) No. 1935/2004 of the European Parliament and of the Council ; and
b
provides, in respect of substances that are subject to a restriction on quantities migrating into food, information obtained from experimental data or theoretical calculation concerning —
i
the levels of migration specific to those substances;
ii
where appropriate, purity criteria in accordance with the purity Directives.
2
In establishing which descriptions of food a material or article may come into contact with, it is to be assumed until the contrary is proved that, for the purposes of these Regulations, if particulars are shown in relation to that material or article in accordance with paragraph (1)(a), those particulars are accurate and that unless the particulars so indicate, there are no restrictions on the intended conditions of contact.
Provisions relating to the use of certain epoxy derivatives (BADGE, BFDGE and NOGE)
13
1
In this regulation —
a
any reference to a numbered Article is a reference to that Article in Regulation1895/2005;
b
paragraphs (2) to (5) are subject to Article 1(3) (exception relating to certain storage containers and pipelines);
c
for the purpose of Article 6(4) the competent authority is the authority identified in regulation 14.
2
Subject to Article 6(1), (2) (transitional provisions) and (4) (labelling requirements), no person may —
a
manufacture,
b
use for the handling of food in the course of a business,
c
sell for the purpose of the handling of food, or
d
import for the purpose of the handling of food
any material or article in contravention of Article 3 or Article 4 (prohibitions relating to BFDGE and NOGE respectively).
3
No person may manufacture any material or article in such a way as to contravene the requirements of Article 2 (controls on the migration of BADGE from materials and articles).
4
Subject to Article 6(1), no person may —
a
use for the handling of food in the course of a business,
b
sell for the purpose of the handling of food, or
c
import for the purpose of the handling of food
any material or article that has been manufactured in such a way as to contravene the requirements of Article 2.
5
Subject to Article 6(3) (transitional provisions relating to materials and articles brought into contact with food before 1st January 2007), no person shall contravene or fail to comply with the requirements of Article 5 (obligations regarding the provision of a written statement when marketing materials or articles containing BADGE or its derivatives).
6
No person shall without reasonable excuse fail to comply with a request made under Article 6(4) (requirement to disclose date of filling to competent authority).
PART 3 Execution and Enforcement
Enforcement
14
Each food authority in its area and each port health authority in its district shall execute and enforce —
a
the provisions of Regulation 1895/2005 mentioned in regulation 13, and
b
these Regulations.
Offences and Penalties
15
1
Any person who —
a
contravenes or fails to comply with regulation 3(1), 4(1), 5(1), 12(1) or 13(2) to (5);
b
intentionally obstructs any person acting in the execution of Regulation 1895/2005 or these Regulations;
c
contravenes regulation 13(6) or 17(3) or, without reasonable excuse, otherwise fails to give to any person acting in the execution of Regulation 1895/2005 or these Regulations any assistance or information which that person may reasonably require; or
d
in purported compliance with any requirement mentioned in sub-paragraph (c), knowingly or recklessly supplies information that is false or misleading in any material particular,
is guilty of an offence.
2
Anyone convicted of an offence under these Regulations is liable —
a
in the case of an offence under paragraph (1)(a) —
i
on conviction on indictment to a term of imprisonment not exceeding two years or to a fine or both;
ii
on summary conviction to a term of imprisonment not exceeding six months or to a fine not exceeding the statutory maximum or both;
b
in the case of any other offence under these Regulations to a term of imprisonment not exceeding three months or to a fine not exceeding level five on the standard scale or both.
3
Nothing in paragraph (1)(c) is to be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
4
Where an offence under these Regulations which has been committed by a body corporate or 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
any director, manager, secretary or other similar officer of the body corporate or any partner of the Scottish partnership, or
b
any person purporting to act in such a capacity,
he as well as the body corporate or, as the case may be, the Scottish partnership shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.
5
No prosecution for an offence under these Regulations shall be begun after the expiry of three years from the commission of the offence or one year from its discovery by the prosecutor, whichever is the earlier.
6
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 charged with and convicted of the offence whether or not proceedings are taken against the first mentioned person.
General defences
16
1
In any proceedings for an offence under these Regulations it shall, subject to paragraph (5), be a defence for the person 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
Without prejudice to the generality of paragraph (1), a person accused of an offence under these Regulations who did not —
a
prepare the plastic material or article or, as the case may be, the material or article in respect of which the offence is alleged to have been committed; nor
b
import it into the United Kingdom,
shall be taken to have established the defence provided by paragraph (1) if he satisfies the requirements of paragraphs (3) and (4).
3
A person satisfies the requirements of this paragraph if he proves —
a
that the commission of the offence was due to the act or default of some other person who was not under his control, or to reliance on information supplied by such a person;
b
that either —
i
he carried out all such checks of the plastic material or article or material or article in question as were reasonable in all the circumstances, or
ii
it was reasonable in all the circumstances for him to rely on checks carried out by the person who supplied him with the plastic material or article or the material or article in question; and
c
that he did not know and had no reason to suspect at the time the offence was committed that his act or omission would amount to an offence under these Regulations.
4
A person satisfies the requirements of this paragraph if the offence is one of sale and he proves —
a
that the commission of the offence was due to the act or default of some other person who was not under his control, or to reasonable reliance on information supplied by such a person;
b
that the sale of which the alleged offence consisted was not a sale under his name or mark; and
c
that he did not know and could not reasonably have been expected to know at the time the offence was committed that his act or omission would amount to an offence under these Regulations.
5
If in any case the defence provided by this regulation involves the allegation that the commission of the offence was due to the act or default of another person, or to reliance on information supplied by another person, the person 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 the court in connection with the alleged offence, within one month of his first such appearance,
he has served on the prosecutor a written notice giving such information identifying or assisting in the identification of that other person as was then in his possession.
Transitional defence relating to PVC gaskets containing epoxidised soybean oil
17
1
In any proceedings for an offence under regulation 3 concerning the sale of a glass jar —
a
which contains
i
infant formula or follow-on formula as defined by Commission Directive 91/321/EC , or
ii
processed cereal-based foods or baby foods for infants and young children as defined by Commission Directive 96/5/EC , and
b
the lid of which is sealed by means of a PVC gasket containing epoxidised soybean oil having PM/Ref No. 88640 in Section A of Annex III,
it shall be a defence to prove the matters set out in paragraph (2).
2
The matters to be proved are that —
a
the PVC gasket mentioned in paragraph (1)(b) was compliant with the relevant restrictions and specifications in column 4 at Item 259A of Part 1 of Schedule 2 to the Plastic Materials and Articles in Contact with Food (England) Regulations 2006 ;
b
the glass jar was filled and sealed before 19th November 2006;
c
the date of filling or a coded indication of that date was present on the jar or its lid at the time of sale; and
d
the labelling or marking with the particulars mentioned in sub-paragraph (c) at the time of sale complied with the requirements relating to durability in Article 2.1(a) of Directive 2000/13/EC of the European Parliament and of the Council .
3
No person shall without reasonable excuse fail to comply with a request made by the enforcement authority to disclose the date signified by the coded indication mentioned in paragraph (2)(c).
Other transitional defences and savings
18
1
Not withstanding the revocation of the 1998 Regulations made by regulation 24 of the Plastic Materials and Article in Contact with Food (England) Regulations 2006, in relation to any plastic material or article —
a
manufactured before the 1st July 1998, the defence in regulation 3(3) of the 1998 Regulations;
b
manufactured or imported into the European Community before 1st January 2003, the defence in regulation 10(15) of the 1998 Regulations;
c
put into free circulation in the European Community before 30th November 2002, the defence in regulation 10(16) of the 1998 Regulations;
d
manufactured or imported into the European Community before 1st March 2004, the defence in regulation 10(21)(a) of the 1998 Regulations;
e
manufactured or imported into the European Community before 1st March 2003, the defence in regulation 10(21)(b) of the 1998 Regulations;
f
containing azodicarbonamide and brought into contact with food before 2nd August 2005, the defence in regulation 10(23) of the 1998 Regulations; or
g
manufactured or imported into the European Community before 1st March 2006, the defence in regulation 10(25) of the 1998 Regulations,
shall apply in relation to offences under these Regulations in like manner as it applied to offences under the equivalent provisions in those Regulations.
2
In any proceedings for an offence under these Regulations other than an offence mentioned in regulation 17(1), it shall be a defence to prove —
a
that the act constituting the alleged offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 19th November 2007; and
b
that the matter constituting the alleged offence would not otherwise have constituted an offence under these Regulations if the amendments to the Directive made by Commission Directive 2005/79/EC had not been implemented in England at the time the matter occurred.
Procedure where a sample is to be analysed
19
1
An authorised officer who has procured a sample under section 29 of the Act and who considers it should be analysed shall divide the sample into three parts.
2
If the sample consists of sealed containers and opening them would, in the opinion of the authorised officer, impede a proper analysis, the authorised officer shall divide the sample into parts by putting the containers into three lots, and each lot shall be treated as being a part.
3
The authorised officer shall —
a
if necessary place each part in a suitable container and seal it;
b
mark each part or container;
c
as soon as reasonably practicable, give one part to the owner and notify him in writing that the sample will be analysed;
d
submit one part for analysis in accordance with section 30 of the Act; and
e
retain one part for future submission under regulation 20.
Secondary analysis by the Government Chemist
20
1
Where a sample has been retained under regulation 19 and —
a
proceedings are intended to be or have been commenced against a person for an offence under these Regulations; and
b
the prosecution intends to adduce as evidence the result of the analysis mentioned above,
paragraphs (2) to (7) apply.
2
The authorised officer —
a
may of his own volition;
b
shall if requested by the prosecutor (if a person other than the authorised officer);
c
shall if the court so orders; or
d
shall (subject to paragraph (6)) if requested by the defendant,
send the retained part of the sample to the Government Chemist for analysis.
3
The Government Chemist shall analyse the part sent to him under paragraph (2) and send to the authorised officer a certificate of analysis.
4
Any certificate of the results of testing transmitted by the Government Chemist shall be signed by him or on his behalf, but the testing may be carried out by any person under the direction of the person who signs the certificate.
5
The authorised officer shall immediately on receipt supply the prosecutor (if a person other than the authorised officer) and the defendant with a copy of the Government Chemist’s certificate of analysis.
6
Where a request is made under paragraph (2)(d) the authorised officer may give notice in writing to the defendant requesting payment of a fee specified in the notice to defray some or all of the Government Chemist’s charges for performing the functions under paragraph (3), and in the absence of agreement by the defendant to pay the fee specified in the notice the authorised officer may refuse to comply with the request.
7
In this regulation “defendant” includes a prospective defendant.
PART 4 Application for Authorisation
Applications for inclusion of an additive in the Community list of authorised additives
21
1
This regulation applies where a person wishes to make an application for the inclusion of an eligible additive in the Community list referred to in Article 4 of the Directive.
2
The application mentioned in paragraph (1), including supporting data, must be made to EFSA before 1st January 2007.
3
If during examination of the data referred to in paragraph (2), EFSA calls for supplementary information, the eligible additive may, if otherwise permitted to be used under English law, continue to be so used until EFSA has issued an opinion, provided the supplementary opinion is submitted within the time limits specified by EFSA.
4
For the purposes of this regulation, an eligible additive is one whose use is permitted in one or more Member States before 1st January 2007.
PART 5 General and Supplementary
Application of provisions of the Act
22
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of the Act —
a
section 3 (presumption that food is intended for human consumption);
b
section 30(8) (relating to documentary evidence);
c
section 44 (protection of officers acting in good faith).
Amendment of the Food Safety (Sampling and Qualifications) Regulations 1990
23
In the Food Safety (Sampling and Qualifications) Regulations 1990 , in Schedule 1 (provisions to which those Regulations do not apply) for the title and reference of the Plastic Materials and Articles in Contact with Food (England) Regulations 2006 substitute the title and reference of these Regulations.
Amendments to the Materials and Articles in Contact with Food (England) Regulations 2005
24
1
The 2005 Regulations are amended in accordance with paragraphs (2) to (4).
2
In regulation 2(1) —
a
after the definition of “Directive 93/10/EEC ” insert the following definition —
“Directive 2002/72/EC ” means Commission Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with foodstuffs , as last amended by Commission Directive 2005/79/EC ;
b
in the definition of “the 2006 Regulations” after “(England)” insert “(No.2)”.
3
In regulation 8 —
a
at the beginning of paragraph (2) add the expression “Except in paragraph (4),”;
b
for paragraph (4) substitute the following paragraph —
4
No person may manufacture any coating to be applied to film referred to in paragraph (3)(b) using any substance or group of substances except those listed in Annexes II, III or IV to Directive 2002/72/EC and other than in accordance with the appropriate requirements, restrictions and specifications contained in those Annexes and in the 2006 Regulations.
.
4
In regulation 9 —
a
in paragraph (3), for the expression “in Part 1 of Schedule 1 to the 2006 Regulations” substitute “in Section A or B of Annex II to Directive 2002/72/EC ”;
b
in sub-paragraph (b) of paragraph (3), for the expression “that Part as read with Part 2 of that Schedule.” substitute “those Sections as read with the general introduction to that Annex.”;
c
in paragraph (5), for the expression “Schedules 5 and 6” substitute “Schedules 2 and 3”.
Revocation
25
The Plastic Materials and Articles in Contact with Food (England) Regulations 2006 are revoked.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State
Department of Health
9th October 2006


text:
Citation, commencement and application
1
1
This Order may be cited as the Local Authorities (Categorisation) (England) Order 2006 and shall come into force on 15th December 2006.
2
This Order applies in relation to English local authorities .
Categorisation report
2
The English local authorities (“authorities”), to which the report of the Audit Commission dated 31st August 2006 relates, are, by this Order, categorised in accordance with their categorisation in that report.
4 Stars Authorities
3
The authorities listed in Schedule 1 to this Order are categorised as 4 stars.
3 Stars Authorities
4
The authorities listed in Schedule 2 are categorised as 3 stars.
2 Stars Authorities
5
The authorities listed in Schedule 3 are categorised as 2 stars.
1 Star Authorities
6
The authorities listed in Schedule 4 are categorised as 1 star.
0 Stars Authorities
7
The authority listed in Schedule 5 is categorised as 0 stars.
Excellent Authorities
8
The authorities listed in Schedule 6 are categorised as excellent.
Good Authorities
9
The authorities listed in Schedule 7 are categorised as good.
Fair Authorities
10
The authorities listed in Schedule 8 are categorised as fair.
Weak Authorities
11
The authorities listed in Schedule 9 are categorised as weak.
Poor Authorities
12
The authorities listed in Schedule 10 are categorised as poor.
Revocation
13
The Local Authorities (Categorisation) (England)(No.2) Order 2005 is revoked.
Signed by authority of the Secretary of State for Communities and Local Government
Angela Smith
Parliamentary Under Secretary of State
Department for Communities and Local Government
17th November 2006


text:
Citation
1
This Order may be cited as the Pensions Act 2004 (Codes of Practice) (Member-nominated Trustees and Directors and Internal Controls) Appointed Day Order 2006.
Appointed day
2
The day appointed for the purposes of section 91(9) of the Pensions Act 2004 (procedure for issue and publication of codes of practice) for the coming into effect of —
a
the Pensions Regulator Code of Practice No. 8: Member-nominated Trustees and Directors – putting in place and implementing arrangements; and
b
the Pensions Regulator Code of Practice No. 9: Internal Controls,
is 22nd November 2006.
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
17th November 2006


text:
PART 1 GENERAL
Citation, commencement, extent and application
1
1
These Regulations may be cited as the Environmental Noise (England) Regulations 2006 and shall come into force on 1st October 2006.
2
These Regulations apply in England.
3
Nothing in paragraph (2) means that strategic noise maps made or revised under these Regulations must be limited to England.
4
These Regulations apply to environmental noise to which humans are exposed in particular in built-up areas, in public parks or other quiet areas in an agglomeration, near schools, hospitals and other noise-sensitive buildings and areas.
5
These Regulations do not apply to noise that is caused by the exposed person himself, noise from domestic activities, noise created by neighbours, noise at work places or noise inside means of transport or due to military activities in military areas.
Interpretation
2
1
Unless otherwise defined in these Regulations, words and terms used in these Regulations and in the Directive have the same meaning as in the Directive.
2
In these Regulations —
“agglomeration” means an area identified as an agglomeration pursuant to regulation 3 ;
“airport operator” means the person for the time being having, in relation to a particular airport, the management of that airport;
“calendar year” means a period of a year beginning on 1st January;
“consolidated noise map” means a noise map compiled pursuant to regulation 14(2);
“ dB(A) ” is a measure of sound pressure level (“A” weighted) in decibels as specified in British Standard BS EN 61672-2: 2003 ;
“ DEFRA ” means the Department for Environment Food and Rural Affairs;
“designated” when used in relation to any airport means designated under section 80 for the purposes of section 78 of the Civil Aviation Act 1982 ;
“Directive” means Directive 2002/49/ EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise ;
“first round agglomeration” means an area identified as a first round agglomeration pursuant to regulation 3 ;
“first round major railway” means a railway which is identified as a first round major railway pursuant to regulation 3 ;
“first round major road” means a road which is identified as a first round major road pursuant to regulation 3 ;
“in the form of regulations” means in the form of regulations made under section 2(2) of the European Communities Act 1972;
“L day ” covers the period 07:00 – 19:00 hours in any 24 hour period;
“L evening ” covers the period 19:00 – 23:00 hours in any 24 hour period;
“L night ” covers the period 23:00 – 07:00 hours in any 24 hour period;
“major airport” means an airport identified as a major airport pursuant to regulation 3 ;
“major railway” means a railway which is identified as a major railway pursuant to regulation 3 ;
“major road” means a road which is identified as a major road pursuant to regulation 3 ;
“motorway” means a special road which (save as otherwise provided by or under regulations made under section 17 of the Road Traffic Regulation Act 1984 ) can be used by traffic only of Class I or II as specified in Schedule 4 to the Highways Act 1980 ;
“non-designated” when used in relation to an airport means not designated under section 80 for the purposes of section 78 of the Civil Aviation Act 1982;
“principal or classified road” means a road which is known as —
a principal road;
a classified road; or
both a principal road and a classified road,
by virtue of section 12 of the Highways Act 1980 (whether by falling within subsection (1), or being classified under subsection (3));
“quiet area in an agglomeration” means an area which is identified as a quiet area in an agglomeration in accordance with regulation 13 ;
“special road” has the same meaning as in section 329(1) of the Highways Act 1980;
“supplementary noise indicator” has the meaning given in regulation 4(6) ; and
“trunk road” means any highway for which the Secretary of State is the relevant highway authority.
Identification of noise sources
3
1
No later than 31st December 2006 the Secretary of State must, in the form of regulations, identify all —
a
first round agglomerations;
b
first round major roads;
c
first round major railways; and
d
major airports.
2
No later than 31st December 2011 the Secretary of State must, in the form of regulations, identify all —
a
agglomerations;
b
major roads;
c
major railways; and
d
major airports.
3
In any relevant year the Secretary of State must, in the form of regulations, identify —
a
agglomerations;
b
major roads;
c
major railways; or
d
major airports,
as necessary if he considers that the most recent regulations produced pursuant to paragraph (2) are no longer appropriate.
4
In paragraph (3) “relevant year” means 2016 and every fifth year thereafter.
5
When discharging his duty under paragraph (1)(a) to identify first round agglomerations the Secretary of State must identify areas —
a
having a population in excess of 250,000 persons and a population density equal to or greater than 500 people per km 2 ; and
b
which he considers to be urbanised.
6
When discharging his duty under paragraph (2)(a) or (3)(a) to identify agglomerations the Secretary of State must identify areas —
a
having a population in excess of 100,000 persons and a population density equal to or greater than 500 people per km 2 ; and
b
which he considers to be urbanised.
7
When discharging his duty under paragraph (1)(b) to identify first round major roads the Secretary of State must identify roads which —
a
are —
i
trunk roads,
ii
motorways that are not trunk roads, or
iii
principal or classified roads;
b
have more than six million vehicle passages a year; and
c
he considers to be regional, national or international.
8
When discharging his duty under paragraph (2)(b) or (3)(b) to identify major roads the Secretary of State must identify roads which —
a
are —
i
trunk roads,
ii
motorways that are not trunk roads, or
iii
principal or classified roads;
b
have more than three million vehicle passages a year; and
c
he considers to be regional, national or international.
9
When discharging his duty under paragraph (1)(c) to identify first round major railways the Secretary of State must identify railways which have more than 60,000 train passages per year.
10
When discharging his duty under paragraph (2)(c) or (3)(c) to identify major railways the Secretary of State must identify railways which have more than 30,000 train passages per year.
11
When discharging his duty under paragraph (1)(d) , (2)(d) or (3)(d) to identify major airports the Secretary of State must identify civil airports which have more than 50,000 movements per year (a movement being a take-off or a landing), excluding those purely for training purposes on light aircraft.
PART 2 STRATEGIC NOISE MAPS
CHAPTER 1
GENERAL REQUIREMENTS FOR STRATEGIC NOISE MAPS
Strategic noise maps: general requirements
4
1
Any strategic noise map made or revised under this Part must satisfy the applicable requirements in Schedule 1.
2
A competent authority under regulation 6 or 10 must apply —
a
the noise indicators L den and L night as referred to in Annex I of the Directive; and
b
the supplementary noise indicators in all cases listed as examples in paragraph 3 of Annex I of the Directive,
when making or revising strategic noise maps under this Part.
3
The values of L den , L night and the supplementary noise indicators must be determined by means of the assessment methods set out in Schedule 2.
4
Subject to paragraph (5) existing noise indicators and related data may be converted into L den and L night .
5
The data referred to in paragraph (4) must not be more than three years old.
6
“Supplementary noise indicator” means a noise indicator as defined in Schedule 3.
CHAPTER 2
STRATEGIC NOISE MAPS – NOISE SOURCES OTHER THAN NON-DESIGNATED AIRPORTS
Application
5
This Chapter does not apply to noise from non-designated airports.
Competent Authority
6
The competent authority for this Chapter is the Secretary of State.
Duty to make, review and revise strategic noise maps
7
1
No later than 30th June 2007 the competent authority must make and, in accordance with regulation 23 , adopt strategic noise maps showing the situation in the preceding calendar year for all —
a
first round agglomerations;
b
first round major roads;
c
first round major railways; and
d
major airports.
2
No later than 30th June 2012, and thereafter every five years, the competent authority must make and, in accordance with regulation 23 , adopt strategic noise maps showing the situation in the preceding calendar year for all —
a
agglomerations;
b
major roads;
c
major railways; and
d
major airports.
3
From time to time, and whenever a major development occurs affecting the existing noise situation, the competent authority must —
a
review; and
b
if necessary revise,
any strategic noise map made pursuant to paragraphs (1) or (2) and adopted pursuant to regulation 23 .
CHAPTER 3
STRATEGIC NOISE MAPS – NON-DESIGNATED AIRPORTS
Application
8
This Chapter applies to noise from non-designated airports.
Interpretation
9
1
In this Chapter —
“input data” means all the data and related information used to produce the numerical data in electronic form required by paragraph 3(2)(b) or 4(2)(b) (as appropriate) of Schedule 1;
“metadata” means such elements of Section 2 of the “SPIRE Data Standard, Version 1.0” (DEFRA, 25th November 2004) as are required to describe the —
input data; and
information and data required by paragraph 3(2) or 4(2) (as appropriate) of Schedule 1.
2
Any requirement in this Chapter to submit input data to a competent authority is a requirement to submit that input data in a format that —
a
is electronic;
b
allows electronic manipulation; and
c
does not require manipulation in order to reproduce the numerical data in electronic form required by paragraph 3(2)(b) or 4(2)(b) (as appropriate) of Schedule 1.
Competent Authority
10
The competent authority for this Chapter is the airport operator.
Duty to make, review and revise strategic noise maps: non-designated major airports
11
1
This regulation applies to non-designated major airports.
2
No later than 31st March 2007, and thereafter every five years, the competent authority must —
a
make a strategic noise map showing the situation in the preceding calendar year for the airport; and
b
submit that map with input data and metadata to the Secretary of State.
3
From time to time, and whenever a major development occurs affecting the existing noise situation, the competent authority must —
a
review; and
b
if necessary revise,
any strategic noise map made pursuant to paragraph (2) and adopted pursuant to regulation 23 .
4
The competent authority must submit any strategic noise map revised pursuant to paragraph (3)(b) , with input data and metadata, to the Secretary of State within three working days of its revision.
Duty to make, review and revise strategic noise maps: non-designated other airports
12
1
This regulation applies to non-designated other airports.
2
No later than 31st March 2007 the competent authority must —
a
make a strategic noise map showing the situation in the preceding calendar year for any relevant first round agglomeration; and
b
submit that map with input data and metadata to the Secretary of State.
3
No later than 31st March 2012, and thereafter every five years, the competent authority must —
a
make a strategic noise map showing the situation in the preceding calendar year for any relevant agglomeration; and
b
submit that map with input data and metadata to the Secretary of State.
4
From time to time, and whenever a major development occurs affecting the existing noise situation, the competent authority must —
a
review; and
b
if necessary revise,
any strategic noise map made pursuant to paragraphs (2) or (3) and adopted pursuant to regulation 23 .
5
The competent authority must submit any strategic noise map revised pursuant to paragraph (4)(b) , with input data and metadata, to the Secretary of State within three working days of its revision.
6
In this regulation —
“relevant first round agglomeration” means a first round agglomeration in which air traffic from the airport results in air traffic noise of —
an L den value of 55 dB(A) or greater; or
an L night value of 50 dB(A) or greater,
anywhere within the first round agglomeration;
“relevant agglomeration” means an agglomeration in which air traffic from the airport results in air traffic noise of —
an L den value of 55 dB(A) or greater; or
an L night value of 50 dB(A) or greater,
anywhere within the agglomeration.
PART 3 QUIET AREAS
Identification of quiet areas
13
1
No later than —
a
30th September 2007 for first round agglomerations; and
b
30th September 2012 for agglomerations,
the Secretary of State must, in the form of regulations, identify quiet areas in those agglomerations.
2
Paragraph (3) applies if the Secretary of State considers that the most recent regulations produced pursuant to this regulation are no longer appropriate.
3
No later than 30th September in any relevant year the Secretary of State must, if he considers it necessary, in the form of regulations identify quiet areas in agglomerations.
4
In paragraph (3) “relevant year” means 2017 and every fifth year thereafter.
PART 4 ACTION PLANS
CHAPTER 1
GENERAL
Duty to publish criteria or limit values and a consolidated noise map
14
1
No later than 18th July 2007 the Secretary of State must publish guidance setting out limit values or other criteria for the identification of priorities for action plans.
2
No later than 1st October 2007 the Secretary of State must compile and publish a consolidated noise map from all strategic noise maps that are made or revised pursuant to regulation 7 , 11 or 12 and adopted pursuant to regulation 23 .
Action plans: general requirements
15
1
Any action plan drawn up or revised under this Part must —
a
meet the objectives of Article 1(c) of the Directive;
b
be designed to manage noise issues and effects, including noise reduction if necessary;
c
aim to protect quiet areas in first round agglomerations and agglomerations against an increase in noise;
d
address priorities which must be identified by having regard to guidance published pursuant to regulation 14(1);
e
apply in particular to the most important areas as established by strategic noise maps adopted pursuant to regulation 23 ; and
f
meet the requirements in Schedule 4.
2
Paragraph (3) applies to —
a
any action plan; and
b
any revision of an action plan,
drawn up under this Part for a first round agglomeration or an agglomeration.
3
An action plan and any revision of an action plan must be based upon and apply in particular to the most important areas as established by —
a
all strategic noise maps that —
i
are made or revised pursuant to regulation 7 , 11 or 12 and adopted pursuant to regulation 23 , and
ii
concern any part of the area addressed by the action plan; and
b
a consolidated noise map to the extent that it concerns any part of the area addressed by the action plan.
CHAPTER 2
ACTION PLANS – NOISE SOURCES OTHER THAN AIRPORTS
Competent Authority
16
The competent authority for this Chapter is the Secretary of State.
Duty to draw up, review and revise action plans
17
1
No later than 18th July 2008 the competent authority must draw up action plans for —
a
places near first round major roads;
b
places near first round major railways; and
c
first round agglomerations.
2
No later than 18th July 2013 the competent authority must draw up action plans for —
a
places near major roads;
b
places near major railways; and
c
agglomerations.
3
Paragraph (4) applies —
a
whenever a major development occurs affecting the existing noise situation; and
b
at least every five years after the date on which an action plan is adopted pursuant to regulation 24 .
4
The competent authority must —
a
review; and
b
if necessary revise,
the action plan.
CHAPTER 3
ACTION PLANS – AIRPORTS
Competent authority
18
This Chapter applies to —
a
major airports; and
b
non-designated other airports if aircraft noise results in an L den value of 55 dB(A) or greater or an L night value of 50 dB(A) or greater anywhere in first round agglomerations or agglomerations,
and the competent authority is the airport operator.
Duty to draw up, review and revise action plans
19
1
No later than 30th April 2008 the competent authority must —
a
draw up an action plan for places near the airport; and
b
submit that action plan to the Secretary of State.
2
Paragraph (3) only applies if the competent authority was not required to draw up an action plan for the airport pursuant to paragraph (1) because it was not the competent authority on or before 30th April 2008.
3
No later than 30th April 2013 the competent authority must —
a
draw up an action plan for places near the airport; and
b
submit that action plan to the Secretary of State.
4
Paragraph (5) applies —
a
whenever a major development occurs affecting the existing noise situation; and
b
at least every five years after the date on which an action plan is adopted pursuant to regulation 24 .
5
The competent authority must —
a
review; and
b
if necessary revise,
the action plan.
6
An action plan revised pursuant to paragraph (5)(b) must be submitted to the Secretary of State within three working days of its revision.
CHAPTER 4
ACTION PLANS - PUBLIC PARTICIPATION
Public participation
20
1
In preparing and revising action plans the competent authorities under regulations 16 and18 must ensure that —
a
the public is consulted about proposals for action plans;
b
the public is given early and effective opportunities to participate in the preparation and review of the action plans;
c
the results of that public participation are taken into account;
d
the public is informed of the decisions taken; and
e
reasonable time frames are provided allowing sufficient time for each stage of public participation.
CHAPTER 5
IMPLEMENTATION OF ACTION PLANS
Implementation of action plans
21
1
Where an action plan or a revision of an action plan —
a
has been adopted pursuant to regulation 24 ; and
b
identifies a public authority as responsible for a particular action,
that public authority must treat the action plan as its policy insofar as it relates to that action.
2
A public authority may depart from any policy mentioned in paragraph (1) if —
a
it provides —
i
the Secretary of State, and
ii
the competent authority responsible for the preparation of the action plan or the revision (if not the Secretary of State),
with written reasons for departing from that policy; and
b
it publishes those reasons.
3
In this regulation “public authority” includes any person who exercises functions of a public nature, but does not include —
a
either House of Parliament or a person exercising functions in connection with proceedings in Parliament;
b
courts or tribunals; or
c
the Secretary of State.
PART 5 COOPERATION WITH EXTERNAL COMPETENT AUTHORITIES
Cooperation with external competent authorities
22
1
When necessary in order to meet its obligations under these Regulations, a competent authority must use all reasonable endeavours to secure the cooperation of an external competent authority.
2
A competent authority —
a
when requested to do so by an external competent authority; and
b
if necessary to meet that external competent authority’s obligations arising under the Directive,
must cooperate with that external competent authority.
3
In this Part “external competent authority” means a competent authority in Northern Ireland, Scotland or Wales designated for the purposes of Article 4 of the Directive.
PART 6 ADOPTION OF STRATEGIC NOISE MAPS AND ACTION PLANS
Adoption of strategic noise maps
23
1
If the Secretary of State considers that a strategic noise map —
a
submitted to him pursuant to regulation 11 or 12 ;
b
submitted to him pursuant to paragraph (4) ; or
c
made or revised by him,
meets the requirements of regulation 4, he must adopt the map.
2
If the Secretary of State considers that a strategic noise map submitted to him pursuant to regulation 11 or 12 or paragraph (4) does not meet the requirements of regulation 4 he may —
a
amend and adopt the map; or
b
reject the map.
3
If a strategic noise map is rejected pursuant to paragraph (2)(b) the Secretary of State must notify the competent authority that submitted it of —
a
the reasons why the map was not adopted; and
b
the date by which the map must be revised and resubmitted.
4
The recipient of a notification under paragraph (3) must submit the revised strategic noise map to the Secretary of State by the date specified in the notification.
5
Paragraphs (1) to (4) apply to a revised strategic noise map as they apply to a strategic noise map submitted pursuant to regulation 11 or 12 .
6
If the Secretary of State amends —
a
a strategic noise map; or
b
a revised strategic noise map,
he must take such steps as he considers appropriate for ensuring that the map complies with the requirements of regulation 4.
Adoption of action plans
24
1
If the Secretary of State considers that an action plan —
a
submitted to him pursuant to regulation 19(1)(b) , 19(3)(b) or 19(6) ;
b
submitted to him pursuant to paragraph (5) ; or
c
drawn up or revised by him,
meets the requirements of regulation 15 , he may adopt the action plan.
2
Paragraph (3) applies if —
a
the Secretary of State considers that an action plan submitted to him pursuant to regulation 19(1)(b) , 19(3)(b) or 19(6) does not meet the requirements of regulation 15 ; or
b
an action plan is not adopted pursuant to paragraph (1) .
3
Where this paragraph applies the Secretary of State must —
a
amend and adopt the plan; or
b
reject the plan.
4
If an action plan is rejected pursuant to paragraph (3)(b) the Secretary of State must notify the competent authority that submitted it of —
a
the reasons why the plan was not adopted; and
b
the date by which the plan must be revised and resubmitted.
5
The recipient of a notification under paragraph (4) must submit the revised action plan to the Secretary of State by the date specified in the notification.
6
Paragraphs (1) to (5) apply to a revised action plan as they apply to an action plan submitted pursuant to regulation 19(1)(b) , 19(3)(b) or 19(6) .
7
If the Secretary of State amends —
a
an action plan; or
b
a revised action plan,
he must take such steps as he considers appropriate for ensuring that the action plan complies with the requirements of these Regulations.
PART 7 POWERS OF THE SECRETARY OF STATE IN RELATION TO THE FUNCTIONS OF OTHER COMPETENT AUTHORITIES
Application
25
This Part does not apply to any functions under these Regulations for which the Secretary of State is the competent authority.
Powers
26
1
The Secretary of State may at any time require a competent authority to provide information in relation to its functions under these Regulations.
2
A request for information pursuant to paragraph (1) —
a
must be made in writing;
b
may specify the format in which information must be provided; and
c
may specify the period of time within which a response must be received.
3
If an authority receives a request pursuant to paragraph (1) it must respond —
a
within the time period specified pursuant to paragraph (2)(c) ; or
b
if no such period is specified, within fourteen days of receipt of the request.
4
Paragraph (5) applies where —
a
the Secretary of State has consulted the competent authority; and
b
he considers that by reason of any act or omission, or any likely act or omission, by the competent authority —
i
a requirement of these Regulations; or
ii
a requirement imposed on the United Kingdom by the Directive,
is unlikely to be met.
5
The Secretary of State may exercise such of the functions of the competent authority as he considers appropriate.
Recovery of expenses
27
Where the Secretary of State incurs expenses pursuant to —
a
regulation 23(2) ;
b
regulation 24(3) ; or
c
regulation 26(5) ,
he may recover those expenses from the relevant competent authority as a civil debt.
Relevant competent authority
28
In regulation 27 “relevant competent authority” means —
a
in relation to regulation 23(2) , the competent authority that submitted the strategic noise map pursuant to regulation 11 or 12 ;
b
in relation to regulation 24(3) , the competent authority that submitted the action plan pursuant to regulation 19 ; and
c
in relation to regulation 26(5) , the competent authority whose functions the Secretary of State exercises pursuant to that regulation.
PART 8 INFORMATION TO THE PUBLIC AND GUIDANCE
Availability of strategic noise maps, consolidated noise map and action plans
29
1
Any —
a
strategic noise map that is made available to the public before it is adopted pursuant to regulation 23 ; or
b
action plan that is made available to the public before it is adopted pursuant to regulation 24 ,
must include prominently displayed wording identifying it as a draft subject to adoption by the Secretary of State.
2
Any —
a
strategic noise map adopted pursuant to regulation 23 ;
b
consolidated noise map compiled pursuant to regulation 14(2);or
c
action plan adopted pursuant to regulation 24 ,
must be published by the Secretary of State and accompanied by a summary setting out the most important points.
Guidance
30
A competent authority, in exercising any of its functions under these Regulations, must have regard to any guidance issued by the Secretary of State under this regulation.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment Food and Rural Affairs
8th August 2006


text:
Citation, interpretation and commencement
1
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2006.
2
In these Regulations “the Principal Regulations ” means the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005 .
3
Subject to paragraphs (4) and (5), these Regulations shall come into force on 27th April 2006.
4
Regulation 5 shall come into force on 10th May 2006.
5
Regulation 6 shall come into force on 21st April 2007.
Amendment to the Principal Regulations
2
The Principal Regulations are amended in accordance with regulations 3 to 6.
The Residues Directives
3
In regulation 2(1) (interpretation), for the definition of “the Residues Directives” substitute the following definition —
“the Residues Directives” means Directive 76/895 , Directive 86/362 , Directive 86/363 and Directive 90/642 , in each case as amended at the date of the making of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2006.
.
Amendments coming into force on 27th April 2006
4
Schedules 2 and 3 of the Principal Regulations are amended as follows —
a
in Schedule 2 (maximum residue levels), for the entries in the columns relating to the pesticides Ethofumesate, Lambda-cyhalothrin, Methomyl thiodicarb, Pymetrozine and Thiabendazole substitute the entries in the columns relating to those pesticides set out in Schedule 1 to these Regulations; and
b
in Schedule 3 —
i
in paragraph 2(i) (root and tuber vegetables), in column 2, beneath “Carrots” insert “Cassava”; and
ii
after paragraph 9 (foodstuffs of animal origin) insert the entry set out in Schedule 2 to these Regulations.
Amendments coming into force on 10th May 2006
5
Schedules 1 and 2 of the Principal Regulations are amended as follows —
a
in Schedule 1 (pesticide residues), for the entry for Metalaxyl, substitute the entry for Metalaxyl set out in Schedule 3 to these Regulations; and
b
in Schedule 2, for the entries in the columns relating to Azoxystrobin, Bifenthrin, Cyromazine, Kresoxim-methyl and Metalaxyl, substitute the entries in the columns relating to those pesticides set out in Schedule 1 to these Regulations.
Amendments coming into force on 21st April 2007
6
Schedules 1 and 2 of the Principal Regulations are further amended as follows —
a
in Schedule 1 —
i
for the entry for Glyphosate, substitute the two entries for Glyphosate set out in Schedule 3 to these Regulations; and
ii
in the appropriate place in the alphabetical sequence, insert the entries for the pesticides Bromoxynil, Chlorpropham, Dimethenamid-P, Flazasulfuron, Flurtamone, Ioxynil, Mepanipyrim, Propoxycarbazone, Pyraclostrobin, Quinoxyfen and Zoxamide set out in Schedule 3 to these Regulations; and
b
in Schedule 2 —
i
for the column relating to Glyphosate substitute the two columns relating to Glyphosate set out in Schedule 1 to these Regulations;
ii
in the appropriate place in the alphabetical sequence, insert the entries in the columns relating to the pesticides Bromoxynil, Chlorpropham, Dimethenamid-P, Flazasulfuron, Flurtamone, Ioxynil, Mepanipyrim, Propoxycarbazone, Pyraclostrobin, Quinoxyfen and Zoxamide set out in Schedule 1 to these Regulations; and
iii
at the end, insert the footnotes set out at the end of Schedule 1 to these Regulations.
D Elis-Thomas
Presiding Officer National Assembly for Wales
Date 21st March 2006
Bach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Date 27th March 2006


text:
1
This Order may be cited as the A1 Trunk Road (A57 and A614 Junction Improvement Apleyhead) Order 2006 and shall come into force on 7th July 2006.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway.
2
a
“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;
b
“the new trunk roads” means the new main road and the slip roads;
c
“the plan” means the plan folio consisting of the key plan and the site plan, numbered HA 10/MP/037 and marked “The A1 Trunk Road (A57 and A614 Junction Improvement Apleyhead) Order 2006”, signed by authority of the Secretary of State for Transport and deposited at the DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
d
“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 or proposed 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 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
I Scholey
A Divisional Director Highways Agency
22nd June 2006.


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Executive Arrangements) (Access to Information) (Amendment) (England) Regulations 2006 and shall come into force on 1st March 2006.
2
These Regulations apply in relation to local authorities in England.
Additional rights of access to documents for members of local authorities
2
In regulation 17 of the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 —
a
in paragraphs (1) and (2), for “(3) and (4)”, substitute “(3) to (4)”; and
b
for paragraph (3), substitute —
3
Paragraphs (1) and (2) do not require a document to be available for inspection if it appears to the proper officer that it discloses exempt information of a description falling within Part 1 of Schedule 12A to the 1972 Act (descriptions of exempt information: England) .
3A
But paragraphs (1) and (2) do require (despite paragraph (3)) the document to be available for inspection if the information is information of a description for the time being falling within —
a
paragraph 3 of Schedule 12A to the 1972 Act (except to the extent that the information relates to any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract); or
b
paragraph 6 of Schedule 12A to the 1972 Act.
.
Signed by authority of the First Secretary of State
Phil Woolas
Minister of State
Office of the Deputy Prime Minister
18th January 2006


text:
Citation and commencement
1
This Order may be cited as the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) Order 2006 and shall come into force on 4th April 2006.
Specification of Bracknell Forest Borough Council as an approved local authority
2
Bracknell Forest Borough Council is specified as an approved local authority for the purposes of section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions) .
Amendment to the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005
3
1
The Schedule to the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005 shall be amended as set out in paragraph (2).
2
After the row in the table relating to Bournemouth Borough Council there shall be inserted the following row —
Bracknell Forest Borough Council S.I. 2006/592
Signed by authority of the Secretary of State for Transport
Karen Buck
Parliamentary Under Secretary of State,
Department for Transport
7th March 2006


text:
Citation and extent
1
This Order may be cited as the Natural Environment and Rural Communities Act 2006 (Commencement No. 2) Order 2006 and extends to England and Wales.
Provisions coming into force on 31st May 2006
2
The following provisions of the Natural Environment and Rural Communities Act 2006 come into force on 31st May 2006 —
section 47;
section 52 and Schedule 5;
section 53 and Schedule 6;
sections 56 and 57;
sections 78 and 79;
section 80 and Schedule 7;
sections 81 to 86.
Barry Gardiner
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
19th May 2006


text:
1
This Order may be cited as the Asylum (Designated States) (Amendment) Order 2006 and shall come into force on 1st January 2007.
2
The list in section 94(4) of the Nationality, Immigration and Asylum Act 2002 is amended by omitting “(l) Bulgaria” and “(q) Romania”.
Liam Byrne
Minister of State
Home Office
30th November 2006