text:
Citation, commencement and application
1
These Regulations may be cited as the Gambling Act 2005 (Club Gaming and Club Machine Permits) Regulations 2007 and shall come into force on 1st August 2007.
2
These regulations apply to England and Wales and Scotland, except regulations 8, 15 and 16, which apply only to England and Wales.
Interpretation
3
1
In these Regulations —
“ the Act ” means the Gambling Act 2005;
“the 1968 Act ” means the Gaming Act 1968 ;
“applicant” means a members’ club , commercial club or miners’ welfare institute that is making an application under paragraph 1(1) or (as the case may be) paragraph 1(2) or 24(1);
“application” means, unless otherwise specified, an application —
for a club gaming permit under paragraph 1(1),
for a club machine permit under paragraph 1(2), or
to renew a club gaming or club machine permit under paragraph 24(1),
as the case may require;
“existing Part 2 operator” means an applicant —
who is registered —
under Part 2 of the 1968 Act (a “Part 2 registration”) and the registration has effect immediately before 1st September 2007, or
under Part 2 of the 1968 Act on or after 1st September 2007; and
whose application —
relates to the same or substantially the same premises as those to which the Part 2 registration relates,
complies with sub-paragraphs (b) and (e) of paragraph 2 and (where applicable) paragraph 3, and
is made before the relevant date;
“existing Part 3 operator” means an applicant —
who is registered —
under Part 3 of the 1968 Act (a “Part 3 registration”) and the registration has effect immediately before 1st September 2007, or
under Part 3 of the 1968 Act on or after 1st September 2007; and
whose application —
relates to the same or substantially the same premises as those to which the Part 3 registration relates,
complies with sub-paragraphs (b) and (e) of paragraph 2 and (where applicable) paragraph 3, and
is made before the relevant date;
“permit” means —
a club gaming permit; or
a club machine permit;
“relevant date” —
in relation to a Part 2 registration, has the meaning given in paragraphs 80(3) to (5) of Schedule 4 to the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (“ the Order ”); and
in relation to a Part 3 registration, has the meaning given in paragraphs 88(3) to (5) of Schedule 4 to the Order.
2
A reference in these Regulations to a numbered paragraph is a reference to that paragraph of Schedule 12 to the Act so numbered.
Form and manner of application for a permit and application fee
4
An application must be made in the form prescribed in Schedule 1.
5
Where an application is made by an existing Part 2 or Part 3 operator, the application shall be accompanied by a copy of —
a
the applicant’s registration certificate within the meaning of paragraph 18(1) of Schedule 3 or paragraph 16(1) of Schedule 4 to the 1968 Act, if the applicant is an existing Part 2 operator, or
b
a copy of the certificate issued to the applicant under paragraph 21 of Schedule 7 to the 1968 Act, if the applicant is an existing Part 3 operator.
6
An application under paragraph 24(1) to renew a permit shall be accompanied by a copy of that permit.
7
For the purposes of paragraph 3(1), an applicant must send a copy of an application and any accompanying documents to —
a
the Commission, and
b
the chief officer of police (within the meaning given in paragraph 3(1)(b)), or in Scotland the chief constable,
within a period of 7 days beginning on the date on which the application is made.
8
1
The fee to accompany an application, other than an application to renew a permit under paragraph 24(1), is £200 except that where —
a
the application is made in accordance with paragraph 10 (which applies where the applicant for a permit is the holder of a club premises certificate under section 72 of the Licensing Act 2003 ), or
b
the application is made by an existing Part 2 operator or an existing Part 3 operator,
the fee is £100.
2
The fee to accompany an application to renew a permit under paragraph 24(1) is —
a
subject to sub-paragraph (b), £200, or
b
where the application is made in accordance with paragraph 10, £100.
Objections
9
An objection under paragraph 4 to an application must be made —
a
within a period of 28 days beginning on the date on which the application was made to the licensing authority ;
b
by sending to the licensing authority to whom the application is made, two copies of a written statement setting out the reasons for the objection.
Form of Permit
10
A club gaming permit must be in the form prescribed in Schedule 2.
11
A club machine permit must in the form prescribed in Schedule 3.
Annual Fees
12
The first annual fee for a permit payable to the issuing licensing authority under paragraph 14(1)(a) is £50.
13
The annual fee for a permit payable to the issuing licensing authority under paragraph 14(1)(b) is £50.
Date by which first annual fee is payable
14
1
Where a permit comes into effect on the issue date, the first annual fee for the permit shall be paid within 30 days after that date.
2
Where a permit specifies that it is to come into effect on a date after the issue date, the first annual fee for the permit shall be paid within —
a
the relevant period, or
b
12 months,
after the issue date, whichever is sooner.
3
Paragraph (2) does not apply to a permit issued before 1st September 2007.
4
In this regulation —
“the effective date”, in relation to a permit which specifies that it is to come into effect on a date after the issue date, means the date so specified,
“the issue date” means the date on which a permit is issued, and
“the relevant period”, in relation to a permit, means the period which is equal to the sum of —
the period between the issue date and the effective date, and
30 days.
Other Fees
15
The fee to accompany an application under paragraph 15(1) to vary a permit is £100.
16
The fee to accompany an application under paragraph 16(1) for a copy of a permit is £15.
Matters not required to be included in an application or permit
17
1
The first page of the form prescribed in Schedule 1 may include any symbol or logo which is commonly used by a licensing authority to identify documents produced by it.
2
Where matters are included in square brackets in any form in Schedules 1 to 3, they are intended to indicate and explain the information to be specified in the application to which the form relates, and are not required to be included in the application.
Richard Caborn
Minister of State
Department for Culture, Media and Sport
26th June 2007


type: legislation

jurisdiction: UK

text:
Title, application and commencement
1
1
These Regulations may be cited as the Zoonoses and Animal By-Products (Fees) (England) Regulations 2007.
2
These Regulations apply in England only.
3
These Regulations come into force on 15th August 2007.
Interpretation
2
In these Regulations —
“the 2005 Regulations ” means the Animal By-Products Regulations 2005 ;
“the European Regulation ” means Regulation (EC) No 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents ;
“official control samples” means samples taken under point 2.1.2.2 of the Annex to Commission Regulation (EC) No 1003/2005 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in breeding flocks of Gallus gallus and amending Regulation (EC) No 2160/2003 .
Fees
3
1
The Secretary of State may charge such fees as he considers will enable him to meet any reasonable expenses incurred by him in performing the following activities —
a
taking or supervising the taking of official control samples;
b
examining official control samples;
c
processing of an application for approval of a laboratory under regulation 21 of the 2005 Regulations or Article 12 of the European Regulation;
d
processing of the approval documentation further to an application referred to in sub-paragraph (c);
e
processing of an annual renewal application from a laboratory approved under regulation 21 of the 2005 Regulations or Article 12 of the European Parliament Regulation;
f
inspecting a laboratory for the purpose of regulation 21 of the 2005 Regulations or Article 12 of the European Regulation;
g
administering a quality control test under regulation 21 of the 2005 Regulations or Article 12 of the European Regulation.
2
Fees are payable to the Secretary of State by —
a
the person in charge of a holding where official control samples are taken in respect of the activities in paragraph (2)(a) and (b); and
b
the operator of the laboratory in respect of the activities in paragraph (2)(c) to (g).
Revocation
4
The Poultry Breeding Flocks, Hatcheries and Animal By-Products (Fees) (England) Order 2002 is revoked .
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
27th June 2007
Alan Campbell
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
17th July 2007


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Special Immigration Appeals Commission (Procedure) (Amendment No. 2) Rules 2007 and come into force on 1st December 2007.
2
In these Rules, a reference to a rule by number alone is to the rule so numbered in the Special Immigration Appeals Commission (Procedure) Rules 2003 .
Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003
2
In rule 27 (application for leave to appeal) —
a
in paragraph (2) after “determination” insert “under rule 47(3)”;
b
in paragraph (2A) for the words after “Commission” to the end substitute “not later than 10 days after he is served with the Commission’s determination under rule 47(3)”.
3
After rule 43 (hearings in private) insert —
Interpreters
43A
An appellant is entitled to the services of an interpreter for bringing his appeal —
a
when giving evidence; and
b
in such other circumstances as the Commission considers necessary.
.
4
In rule 47(3) (giving of determination), after “must” insert “, within a reasonable time,”.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
29th November 2007


text:
Citation 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) (No. 3) Regulations 2007.
2
These Regulations come into force on 17th November 2007, except for —
a
regulation 5 , which comes into force on 27th November 2007;
b
regulation 6 , which comes into force on 28th December 2007; and
c
regulation 7 , which comes into force on 21st January 2008.
Revocation
2
Regulation 10 of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment No. 2) Regulations 2007 is revoked.
Amendments
3
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005 are amended in accordance with these Regulations.
Amendments coming into force on 17th November 2007
4
1
In Schedule 1 (pesticide residues), in the appropriate place in the alphabetical sequence, insert the entries for the pesticides 1-methylcyclopropene, Etoxazole, Indoxacarb, MCPA and MCPB, Mesosulfuron-methyl, Tolylfluanid and Triticonazole set out in Schedule 1 to these Regulations.
2
In Schedule 2 (maximum residue levels) —
a
in the appropriate place in the alphabetical sequence, insert the columns and corresponding entries relating to the pesticides 1-methylcyclopropene, Etoxazole, Indoxacarb, MCPA and MCPB, Mesosulfuron-methyl, Tolylfluanid and Triticonazole set out in Schedule 2 to these Regulations;
b
at the end, add as footnotes 50, 51 and 52 the footnotes numbered (50), (51) and (52) set out in Schedule 2 to these Regulations;
c
for the entries in the column relating to the pesticide Penconazole, substitute the entries in the column relating to that pesticide in Schedule 2 to these Regulations.
3
In Schedule 3, in paragraph 2(v)(a) (lettuce and similar) in column 2, after the words “Leaves and stems of brassica”, insert “, including turnip greens”.
Amendments coming into force on 27th November 2007
5
1
In Schedule 1 (pesticide residues), for the entry for the pesticide Maleic hydrazide, substitute the entry for Maleic hydrazide set out in Schedule 1 to these Regulations.
2
In Schedule 2 (maximum residue levels) —
a
for the columns headed “Maleic-hydrazide (until 4 December 2006)” and “Maleic-hydrazide (from 4 December 2006)” and the corresponding entries in those columns, substitute the column in Schedule 2 to these Regulations headed “Maleic hydrazide” and the corresponding entries in that column;
b
for the entries in the columns related to the pesticides Azoxystrobin, Chlorfenapyr, Folpet, Iprodione, Lambda-cyhalothrin, Metalaxyl and Trifloxystrobin, substitute the entries in the columns relating to those pesticides in Schedule 2 to these Regulations.
Amendment coming into force on 28th December 2007
6
In Schedule 2 (maximum residue levels), for the entries in the column relating to the pesticide Diazinon, substitute the entries for that pesticide in Schedule 2 to these Regulations.
Amendment coming into force on 21st January 2008
7
In Schedule 2 (maximum residue levels), for the column headed “Phenmedipham: Applying from 16 August 2007”, substitute the column headed “Phenmedipham” set out in Schedule 2 to these Regulations.
Phil Woolas
Minister of State
Department for Environment, Food and Rural Affairs
16th October 2007
Elin Jones
Minister for Rural Affairs one of the Welsh Ministers
17th October 2007


text:
1
This Order may be cited as the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) Order 2007 and comes into force on 1st April 2007.
2
In Part 2 of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (offices which may be qualifying judicial offices), at the end of the list under the heading “Members of tribunals” insert —
Asylum Support Adjudicator
President of the Charity Tribunal
.
3
The amendment in article 2, adding the Asylum Support Adjudicator to Part 2 of Schedule 1 to the Judicial Pensions and Retirement Act 1993, does not apply to a person appointed to the office of Chief Asylum Support Adjudicator before 1st April 2007.
4
At the end of Schedule 5 to the Judicial Pensions and Retirement Act 1993 (retirement provisions: the relevant offices), insert —
Asylum Support Adjudicator
.
Falconer of Thoroton, C.
Date 5th March 2007


text:
Citation
1
This Order may be cited as the Constitutional Reform Act 2005 (Commencement No. 8) Order 2007.
2
Section 4 of the Constitutional Reform Act 2005 (Guarantee of continued judicial independence: Northern Ireland) shall come into force on 8th May 2007.
David Hanson
Minister of State
Northern Ireland Office
29th March 2007


text:
PART 1 General
Citation and commencement
1
These Regulations may be cited as the Childcare (Voluntary Registration) Regulations 2007 and come into force on 6th April 2007.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Childcare Act 2006;
“enhanced criminal record certificate” means an enhanced criminal record certificate issued under section 113B of the Police Act 1997 ;
“harm” has the same meaning as in section 31(9) of the Children Act 1989 ;
“home child-carer” means an individual who —
cares for a child for a parent (“P1”), or
in addition to that work, cares for another child for a different parent (“P2”),
and whose work consists (in a case within paragraph (a)) of caring for the child wholly or mainly in P1’s home or (in a case within paragraph (b)) of caring for the children wholly or mainly in P1’s home or P2’s home or both;
“manager” means —
where the applicant is an individual, the applicant or (if the applicant employs staff) the individual who will be managing the early years provision or later years provision;
where the applicant is a partnership, a body corporate or any unincorporated association other than a partnership, the individual who will be managing the early years provision or later years provision;
“nominated individual”, in relation to an applicant which is a partnership, a body corporate or any unincorporated association other than a partnership, means a partner, director, secretary or other officer who is responsible for supervising the management of the childcare;
“parent” includes a person who is not a parent of the child but who has parental responsibility for the child, and a person who is a relative of the child;
“registered person” means a person providing early years provision or later years provision who is registered under Chapter 4 of Part 3 of the Act;
“relative”, in relation to a child, means a grandparent, aunt, uncle, brother or sister (whether of the full blood or half-blood or by marriage or civil partnership) or a step-parent.
2
In these Regulations, except in regulations 4(2) and 6(2), any reference to providing childminding or childcare includes a reference to childminding or childcare that is to be provided.
3
In these Regulations any reference to employing a person includes employing a person whether or not for payment and allowing a person to work as a volunteer, and references to a person being employed shall be construed accordingly.
Prescribed day for the purposes of the definition of later years provision
3
The day prescribed for the purposes of paragraph (b) in the definition of “later years provision” in section 96(6) of the Act is the date on which the child attains the age of 18.
PART 2 Registration in Part B of the general childcare register
Applications for registration
4
1
Subject to paragraph (2), an application under section 62(1) of the Act for registration in Part B of the general childcare register as a childminder must include the information set out in Part 1 of Schedule 1 about the matters listed in that Part of that Schedule.
2
Where the applicant is not providing childminding at the time he makes an application under section 62(1) of the Act, the information prescribed in paragraphs 4 to 7 in Part 1 of Schedule 1 is not required.
3
An application under section 63(1) of the Act for registration in Part B of the general childcare register in respect of premises must include the information set out in Part 1 of Schedule 2 about the matters listed in that Part of that Schedule.
Fee to accompany an application for registration
5
1
The fee prescribed for the purposes of section 62(2)(c) of the Act (registration in Part B of the general childcare register as a childminder) is £100.
2
The fee prescribed for the purposes of section 63(2)(c) of the Act (registration in Part B of the general childcare register in respect of premises) is £110.
Prescribed requirements for registration
6
1
Subject to paragraph (2), the requirements prescribed for the purposes of section 62(3)(b) of the Act are those set out in Part 2 of Schedule 1.
2
Where, at the time he makes an application under section 62(1) of the Act, the applicant —
a
is not providing childminding, or
b
is a home child-carer,
the requirements set out in paragraphs 11, 12 and 15 of Part 2 of Schedule 1 are not prescribed requirements in relation to his application.
3
The requirements prescribed for the purposes of section 63(4)(b) of the Act are those set out in Part 2 of Schedule 2.
Certificates of registration
7
1
A certificate of registration given to an applicant in pursuance of section 64(1) of the Act must give the following information about the applicant and the registration of the applicant —
a
the name of the registered person;
b
the date of registration;
c
any conditions imposed on the person’s registration under section 66(1) of the Act.
2
A certificate of registration given to an applicant in pursuance of section 64(2) of the Act must give the following information about the applicant and the registration of the applicant —
a
the name of the registered person;
b
the date of registration;
c
the address of the premises on which the childcare is being provided;
d
any conditions imposed on the person’s registration under section 66(1) of the Act.
3
The fee prescribed for the purposes of section 64(5) of the Act (fee for copy of lost or destroyed certificate of registration) is £5.
PART 3 Provisions governing the activities of registered persons
Matters prescribed for the purposes of section 67 of the Act
8
A registered person must, in relation to the early years provision or later years provision (or both) in respect of which the registered person is registered under Chapter 4 of Part 3 of the Act —
a
meet such of the requirements prescribed in Schedule 3 as are applicable to that person, and
b
in the provision of childcare have regard to the needs of each child relating to childcare.
Matters to be considered by the Chief Inspector
9
Any allegation that a registered person has failed to meet the requirements prescribed in Schedule 3 or to have regard to the matter specified in regulation 8(b) may be taken into account by the Chief Inspector in the exercise of her functions under Part 3 of the Act.
Proceedings under Part 3 of the Act
10
Any allegation that a registered person has failed to meet the requirements prescribed in Schedule 3 or to have regard to the matter specified in regulation 8(b) may be taken into account in any proceedings under Part 3 of the Act.
PART 4 Disclosure of information for the purposes of applications to register and cancellation of registration
Power of the Chief Inspector in relation to information and prescribed requirements for registration
11
The Chief Inspector may, in the circumstances set out in section 90(2) of the Act, treat the prescribed requirements for registration as not being satisfied or (as the case may be) as having ceased to be satisfied.
Disclosure of information: prescribed description of information
12
1
Information is of a prescribed description for the purposes of section 90(2)(a)(iii) of the Act if it falls within a description set out in paragraph (2).
2
The information —
a
confirms the identity of A;
b
is information about A contained in an enhanced criminal record certificate;
c
confirms relevant qualifications claimed by A;
d
is information about the health of A held by a medical practitioner;
e
is information, other than information of a kind referred to in sub-paragraphs (a) to (d), about the character, capacity, employment record or other relevant experience of A held by —
i
an educational institution currently or formerly attended by A,
ii
an employer or former employer of A, or
iii
a medical practitioner;
f
is information relating to the character of A held by the governing body or proprietor of a school which was or is attended by a child of A or a child for whom A has parental responsibility;
g
is information about A held by a local authority in connection with the exercise of its social services functions;
h
is information about A, whether or not of a kind described in paragraphs (a) to (g), held by —
i
the National Assembly for Wales in pursuance of its functions as registration authority under Part 10A of the Children Act 1989,
ii
the Scottish Commission for the Regulation of Care, pursuant to Part 1 of the Regulation of Care (Scotland) Act 2001 ,
iii
a Health and Social Services Board pursuant to Part 11 of the Children (Northern Ireland) Order 1995 ,
iv
a body acting on behalf of the Crown in the Channel Islands or the Isle of Man,
v
the national authority of any other member State of the European Economic Area having functions comprising the regulation of childcare.
3
In this regulation —
“relevant qualification” means a qualification evidencing competence, or level of competence, in an area that is relevant to any of the Chief Inspector’s functions under section 62(3)(b), 63(4)(b) or 68(2) of the Act;
“social services functions” means functions which are social services functions for the purposes of the Local Authority Social Services Act 1970 .
PART 5 Suspension of registration
Suspension of registration
13
The registration of a registered person may be suspended by the Chief Inspector by notice in the circumstances prescribed in regulation 14 for the period prescribed in regulation 15.
Circumstances in which registration may be suspended
14
1
The circumstances prescribed for the purposes of section 69(1) of the Act are that the Chief Inspector has reasonable cause to believe that the continued provision of childcare by the registered person exposes or may expose any relevant child to the risk of harm.
2
In this regulation “relevant child” means a child for whom childcare is or may be provided by the registered person.
Suspension of registration: further provisions
15
1
Subject to paragraph (2), the period for which the registration of a registered person may be suspended is six weeks beginning with the date specified in the notice of suspension given in accordance with paragraph (4).
2
Subject to paragraph (3), in a case in which a further period of suspension is based on the same circumstances as the period of suspension immediately preceding that further period of suspension, the Chief Inspector’s power to suspend registration may only be exercised so as to give rise to a continuous period of suspension of 12 weeks.
3
Where however it is not reasonably practicable (for reasons beyond the control of the Chief Inspector) —
a
to complete any investigation as to the circumstances giving rise to the Chief Inspector’s belief referred to in regulation 14, or
b
for any necessary steps to be taken to reduce or eliminate the risk of harm referred to in regulation 14,
within a period of 12 weeks, the period of suspension may continue until the end of the investigation referred to in sub-paragraph (a) or until the steps referred to in sub-paragraph (b) have been taken.
4
A notice under regulation 13 may be given to the person in question —
a
by delivering it to him,
b
by sending it by post, or
c
subject to paragraph (5), by transmitting it electronically.
5
If the notice is transmitted electronically, it is to be treated as given only if the requirements of paragraph (6) are met.
6
The person to whom the notice is to be given must have indicated to the Chief Inspector his willingness to receive notices transmitted by electronic means and provided an address suitable for that purpose, and the notice must be sent to the address provided by him.
Lifting of suspension
16
If, at any time during a period of suspension under regulation 13, it appears to the Chief Inspector that the circumstances prescribed in regulation 14(1) no longer exist, the Chief Inspector must lift the suspension.
Right of appeal against suspension
17
1
A person whose registration has been suspended under regulation 13 may appeal to the Tribunal against suspension.
2
Subject to paragraph (3), on an appeal the Tribunal must either —
a
confirm the Chief Inspector’s decision to suspend registration; or
b
direct that the suspension shall cease to have effect.
3
If the suspension of a person’s registration against which an appeal has been made under paragraph (1) no longer has effect the Tribunal must dismiss the appeal.
Beverley Hughes
Minister of State
Department for Education and Skills
6th March 2007


text:
Citation
1
This Order may be cited as the St Paul’s C of E VA Primary School (Designation as having a Religious Character) Order 2007.
Designation of School
2
1
The St Paul’s C of E VA Primary School, High Street, Rusthall, Tunbridge Wells, Kent, TN4 8RZ a voluntary aided, 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.
Julian Butcher
A Divisional Manager in the
Department for Children, Schools and Families
10th July 2007


text:
Citation and commencement
1
This Order may be cited as the Channel Tunnel Rail Link (Nomination) (Amendment) Order 2007 and shall come into force on 31st October 2007.
Amendment of the Channel Tunnel Rail Link (Nomination) Order 1999
2
1
The Channel Tunnel Rail Link (Nomination) Order 1999 is amended as follows.
2
In article 3(1)(b) and (c), for each reference to “section 14”, substitute “section 14(1)(b)”.
Signed by authority of the Secretary of State for Transport
Tom Harris
Parliamentary Under Secretary of State
Department for Transport
8th October 2007


text:
Citation and interpretation
1
1
This Order may be cited as the Violent Crime Reduction Act 2006 (Commencement No. 2) Order 2007.
2
In this Order “the 2006 Act ” means the Violent Crime Reduction Act 2006.
Commencement
2
The following provisions of the 2006 Act shall come into force on 6th April 2007 —
a
sections 23 and 24 (persistently selling alcohol to children);
b
section 26 (designated public places);
c
sections 28 to 29 (dangerous weapons);
d
section 30 (minimum sentences for certain firearms offences);
e
section 31(3) (prohibition on sale or transfer of air weapons except by registered dealers) in so far as it makes provision for the interpretation of the following provisions of the Firearms Act 1968 —
i
sections 33 to 39 and 45;
ii
section 56 in so far as that provision applies to a notice required or authorised by section 36 or 38 of that Act;
iii
Schedule 5; and
iv
the definition of “registered” in section 57(4) as that term applies to the provisions in paragraphs (i) to (iii);
f
section 35 (restriction on sale and purchase of primers);
g
section 49 and Schedule 1 (consequential amendments relating to minimum sentences);
h
section 50 (supplemental provisions for Part 2) to the following extent —
i
subsections (1), (2) and (5);
ii
subsection (3) in so far as it makes provision for sections 46, 51(4), 52 and 58 of the Firearms Act 1968 to apply as if sections 28, 29 and 35 of the 2006 Act were contained in that Act; and
iii
in subsection (4), paragraphs (a) and (b) and, in so far as it relates to sections 28 and 29 of the 2006 Act, paragraph (d);
i
section 51 in so far as it relates to the entries in Schedule 2 (weapons etc. : corresponding provisions for Northern Ireland) referred to in sub-paragraph (j);
j
in Schedule 2 —
i
paragraphs 1 to 3; and
ii
in paragraph 14 —
aa
sub-paragraphs (1) and (2);
bb
sub-paragraph (3) in so far as it makes provision for articles 52, 69(4), 72 and 81 of the Firearms (Northern Ireland) Order 2004 to apply as if paragraphs 1 and 2 of Schedule 2 to the 2006 Act were contained in that Order; and
cc
sub-paragraph (4)(b) in so far as it relates to paragraphs 1 and 2 of Schedule 2 to the 2006 Act;
k
sections 52 and 53 and Schedule 3 (football);
l
section 62 (offering or agreeing to re-programme a mobile telephone);
m
section 65 (repeals) in so far as it relates to the entries in Schedule 5 (repeals) referred to in sub-paragraph (n); and
n
in Schedule 5 (repeals) the entries relating to —
i
section 51A(1)(a)(i) of the Firearms Act 1968;
ii
the Magistrates’ Courts Act 1980 ;
iii
the Mental Health Act 1983 ;
iv
section 36(2)(b) of the Criminal Justice Act 1988 ;
v
the Football Spectators Act 1989 ;
vi
section 166 of the Criminal Justice and Public Order Act 1994 ;
vii
the Data Protection Act 1998 ;
viii
section 51A(12) of the Crime and Disorder Act 1998 ;
ix
the Football (Offences and Disorder) Act 1999 ;
x
paragraph 158 of Schedule 13 to the Access to Justice Act 1999 ;
xi
section 164(3) of the Powers of Criminal Courts (Sentencing) Act 2000 ;
xii
the Football (Disorder) Act 2000 ;
xiii
the Football (Disorder) (Amendment) Act 2002 ;
xiv
the Mobile Telephones (Re-programming) Act 2002 ;
xv
section 37(3) of the Anti-social Behaviour Act 2003 ;
xvi
paragraph 331 of Schedule 8 to the Courts Act 2003 ; and
xvii
section 150 of, and paragraph 41 of Schedule 26 to, the Criminal Justice Act 2003 .
3
The following provisions of the 2006 Act shall come into force on 31st May 2007 —
a
section 45 (power of members of staff to search school pupils for weapons) in so far as it extends to England;
b
section 46 (power to search further education students for weapons) in so far as it extends to England;
c
section 48 (amendment of police power to search schools etc. for weapons);
d
section 51 in so far as it relates to the entry in Schedule 2 (weapons etc.: corresponding provisions for Northern Ireland) referred to in sub-paragraph (e);
e
paragraph 13 of Schedule 2; and
f
section 58 (power of entry and search of relevant offender’s home address).
Tony McNulty
Minister of State
Home Office
14th March 2007


text:
Citation and commencement
1
This Order may be cited as the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) (No. 6) Order 2007 and shall come into force on 2 nd October 2007.
Specification of approved local authorities
2
The following authorities are specified as approved local authorities for the purposes of section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions):
a
Solihull Metropolitan Borough Council
b
Staffordshire County Council .
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 paragraphs (2) and (3).
2
After the row in the table relating to Slough Borough Council, insert the following row —
“Solihull Metropolitan Borough Council S.I. 2007/2535 ”
3
After the row in the table relating to Southend-on-Sea Borough Council, insert the following row —
Staffordshire County Council S.I. 2007/2534
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State
Department for Transport
30th August 2007


text:
Citation and commencement
1
This Order may be cited as the Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2007 and shall come into force on 16th August 2007.
Amendment of the Capital Allowances (Environmentally Beneficial Plant and Machinery) Order 2003
2
1
The Capital Allowances (Environmentally Beneficial Plant and Machinery) Order 2003 is amended as follows.
2
In article 2 (interpretation) for the definitions of “the Water Technology Criteria List” and “the Water Technology Product List” substitute —
“the Water Technology Criteria List” means the list dated 18th July 2007 and issued by the Secretary of State for the Environment, Food and Rural Affairs on 19th July 2007;
“the Water Technology Product List” means the list dated 18th July 2007 and issued by the Secretary of State for the Environment, Food and Rural Affairs on 19th July 2007.
.
3
At the end of article 3(2) (description of environmentally beneficial plant and machinery: technology classes) add —
l
vehicle wash waste reclaim units;
m
efficient industrial cleaning equipment;
n
waste management for mechanical seals.
.
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 2007


text:
Title, commencement, extent and application
1
1
These Regulations may be cited as the Plant Health (Import Inspection Fees) (England) (Amendment) Regulations 2007 and come into force on 6th April 2007.
2
These Regulations extend to England and Wales but apply only in relation to England.
Amendment of the Plant Health (Import Inspection Fees) (England) Regulations 2006
2
1
The Plant Health (Import Inspection Fees) (England) Regulations 2006 are amended as follows.
2
In Schedule 1, insert “, or part thereof” after the following words each time they appear: “for each additional 100 units”, “for each additional 1,000 units”, “for each additional 10kg”, “for each additional 100kg”, “for each additional 1,000kg” and “for each additional 25,000kg”.
3
For Schedule 2, substitute —
SCHEDULE 2
IMPORT INSPECTION FEES (REDUCED RATES)
Regulation 4
Genus Quantity Country of origin Fee Fee (non-daytime working hours)
Where the total amount of any fee comprises an amount of less than £0.01, that amount shall be excluded.
Cut flowers Aster Per consignment — up to 20,000 in number Zimbabwe £6.62 £9.93 — for each additional 1,000 units or part thereof Zimbabwe £0.05 £0.07 — maximum price Zimbabwe £52.96 £79.44 Dianthus Per consignment — up to 20,000 in number Colombia £0.40 £0.60 Ecuador £1.98 £2.97 Israel, Turkey £3.31 £4.96 Morocco £6.62 £9.93 — for each additional 1,000 units or part thereof Colombia £0.003 £0.004 Ecuador £0.01 £0.02 Israel, Turkey £0.02 £0.03 Morocco £0.05 £0.07 — maximum price Colombia £3.17 £4.75 Ecuador £15.88 £23.83 Israel, Turkey £26.48 £39.72 Morocco £52.96 £79.44 Rosa Per consignment — up to 20,000 in number Kenya £0.13 £0.19 Colombia, Ecuador, Uganda £0.66 £0.99 Israel, Zambia £1.32 £1.98 Ethiopia, Tanzania, Zimbabwe £3.31 £4.96 India £6.62 £9.93 — for each additional 1,000 units or part thereof Kenya £0.001 £0.002 Colombia, Ecuador, Uganda £0.005 £0.007 Israel, Zambia £0.01 £0.015 Ethiopia, Tanzania, Zimbabwe £0.02 £0.03 India £0.05 £0.07 — maximum price Kenya £1.06 £1.59 Colombia, Ecuador, Uganda £5.29 £7.94 Israel, Zambia £10.59 £15.89 Ethiopia, Tanzania,
Zimbabwe
£26.48 £39.72 India £52.96 £79.44 Fruit Malus Per consignment Chile £0.93 £1.39 — up to 25,000 kg in weight New Zealand, South Africa £1.32 £1.98 Argentina, USA £1.98 £2.97 Brazil £3.31 £4.96 China £4.63 £6.95 — for each additional 1,000 kg or part thereof Chile £0.03 £0.05 New Zealand, South Africa £0.05 £0.07 Argentina, USA £0.07 £0.11 Brazil £0.13 £0.19 China £0.18 £0.27 Mangifera Per consignment — up to 25,000 kg in weight Brazil £1.32 £1.98 Peru £6.62 £9.93 — for each additional 1,000 kg or part thereof Brazil £0.05 £0.07 Peru £0.26 £0.39 Prunus Per consignment — up to 25,000 kg in weight Chile, South Africa £1.32 £1.98 Argentina, Turkey £1.98 £2.97 USA £4.63 £6.95 — for each additional 1,000 kg or part thereof Chile, South Africa £0.05 £0.07 Argentina, Turkey £0.07 £0.11 USA £0.18 £0.27 Pyrus Per consignment — up to 25,000 kg in weight South Africa £1.32 £1.98 Argentina £1.98 £2.97 Chile £3.31 £4.96 China £6.62 £9.93 — for each additional 1,000 kg or part thereof South Africa £0.05 £0.07 Argentina £0.07 £0.11 Chile £0.13 £0.19 China £0.26 £0.39 Citrus Per consignment — up to 25,000 kg in weight Morocco £0.66 £0.99 Israel, Turkey, Uruguay, USA £1.98 £2.97 Egypt, Mexico £3.31 £4.96 Peru, Zimbabwe £9.93 £14.89 — for each additional 1,000 kg or part thereof Morocco £0.02 £0.03 Israel, Turkey, Uruguay, USA £0.07 £0.11 Egypt, Mexico £0.13 £0.19 Peru, Zimbabwe £0.39 £0.58 Fortunella Per consignment — up to 25,000 kg in weight South Africa £9.93 £14.89 Israel £6.62 £9.93 — for each additional 1,000 kg or part thereof South Africa £0.39 £0.58 Israel £0.26 £0.39 Momordica Per consignment — up to 25,000 kg in weight Suriname £6.62 £9.93 — for each additional 1,000 kg or part thereof Suriname £0.26 £0.39 Passiflora Per consignment — up to 25,000 kg in weight Kenya £1.32 £1.98 Colombia, £1.98 £2.97 Zimbabwe £4.63 £6.95 South Africa £9.93 £14.89 — for each additional 1,000 kg or part thereof Kenya £0.05 £0.07 Colombia £0.07 £0.11 Zimbabwe £0.18 £0.27 South Africa £0.39 £0.58 Vegetables Solanum melongena Per consignment — up to 25,000 kg in weight Turkey £9.93 £14.89 — for each additional 1,000 kg or part thereof Turkey £0.39 £0.58
.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
1st March 2007
We consent
Dave Watts
Alan Campbell
Two of the Lords Commissioners
of Her Majesty’s Treasury
7th March 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Broadcasting Act 1990 (Independent Radio Services Exceptions) Order 2007 and shall come into force on 19th March 2007.
2
In this Order, “wireless telegraphy apparatus” has the meaning given by section 117 of the Wireless Telegraphy Act 2006 .
Excepted radio services
2
1
Section 97(1) of the Broadcasting Act 1990 does not apply to any service of the description specified in paragraph (2).
2
The description of services referred to in paragraph (1) is any service which–
a
is transmitted on wireless telegraphy apparatus designed or adapted for the provision of voice radiocommunications in the frequency bands 26.97 to 27.41 MHz and 27.60 to 27.99 MHz;
b
consists solely of the onward transmission of a live event of a kind falling within paragraph (3) at the same time as that event takes place;
c
is not a retransmission of a transmission described in paragraph (a);
d
is not transmitted from an antenna whose highest point exceeds a height of 10 metres above ground level;
e
does not include any advertisement or sponsorship for which any person has received, will receive, or is or will be entitled to receive, any payment or other financial benefit (whether direct or indirect) in consideration for so including it; and
f
is transmitted for a total of not more than four hours each day and in which there is, after any continuous period of transmission of four hours, a break of at least one hour before there is any further transmission.
3
An event falls within this paragraph if –
a
it is held in a place to which the public are permitted to have access (whether on payment or otherwise); and
b
it is not held wholly or mainly for the purpose of its distribution by an electronic communications network within the meaning of the Communications Act 2003 .
Signatory text
Shaun Woodward
Minister for Creative Industries and Tourism
Department for Culture, Media and Sport
5th February 2007


text:
Citation and commencement
1
These Regulations may be cited as the Occupational Pension Schemes (Winding Up, Winding Up Notices and Reports etc.) (Amendment) Regulations 2007 and shall come into force on 1st October 2007.
Amendment of the Occupational Pension Schemes (Winding Up) Regulations 1996
2
In paragraph (6)(b)(i) of regulation 8 of the Occupational Pension Schemes (Winding Up) Regulations 1996 (requirements to be satisfied by transferee schemes, annuities etc.) omit the words “who has a right under the scheme rules to the payment”.
Amendment of the Pension Sharing (Pension Credit Benefit) Regulations 2000
3
In paragraph (2) of regulation 3 of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (commutation of the whole of pension credit benefit) insert —
a
at the end of sub-paragraph (b) “or”;
b
after sub-paragraph (b) —
c
qualifies as a winding up lump sum for the purposes of paragraph 10 of Part 1 of that Schedule.
.
Amendment of the Occupational Pension Schemes (Winding Up Notices and Reports etc.) Regulations 2002
4
In regulation 9 of the Occupational Pension Schemes (Winding Up Notices and Reports etc.) Regulations 2002 (reports to the Authority about winding up: time limits) —
a
in paragraph (5), after “on or after 1st April 2003” insert “but before 1st October 2007”.
b
after paragraph (5) add —
6
In the case of a winding-up which begins on or after 1st October 2007, the first report to be made under section 72A must be made —
a
after the end of the period of two years beginning with the day on which the winding up begins, and
b
before the end of the period of three months beginning with the end of the period that applies under sub-paragraph (a).
.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
5th July 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Children and Young Persons (Sale of Tobacco etc.) Order 2007.
2
This Article and Article 2(a), so far as it amends the side-note to section 7 of the 1933 Act , come into force on 1st October 2007.
3
Article 2(a), so far as it amends section 7(1) of the 1933 Act, comes into force on 1st October 2007 in relation to sales on or after that day.
4
Article 2(a), so far as it amends section 7(2) of the 1933 Act, comes into force on 1st October 2007 in relation to the use of machines on or after that day.
5
Article 2(b) comes into force on 1st October 2007 in relation to orders made under section 7(2) of the 1933 Act as amended by this Order.
6
Article 3 comes into force on 1st October 2007 in relation to the exhibition of notices on or after that day.
7
In this Order “the 1933 Act” means the Children and Young Persons Act 1933 .
Substitution of references to age in sections 7 and 102 of the 1933 Act
2
For the word “sixteen” there is substituted the word “eighteen” in the following provisions of the 1933 Act —
a
subsections (1) and (2) of, and the side-note to, section 7 (sale of tobacco, etc , to persons under sixteen); and
b
section 102(1)(e) (appeals to the Crown Court).
Substitution of references to age in statements required by section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991
3
In section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991 —
a
in the statement in subsection (1) (warning statement in retail premises) for “the age of 16” there is substituted “the age of 18”; and
b
in the statement in subsection (2) (warning statement on automatic machines for the sale of tobacco) for “aged 16 or over” there is substituted “aged 18 or over”.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State for Public Health,
Department of Health
7th March 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export Control (Iran) Order 2007 and shall come into force on 26th May 2007.
2
In this Order —
“the 1979 Act ” means the Customs and Excise Management Act 1979 ;
“Annex I items” means goods or technology listed in Annex I to the Regulation ;
“Annex II items” means goods or technology listed in Annex II to the Regulation;
“a Community authorisation” means an authorisation granted under Article 3, 5(2) or 6 of the Regulation;
“the customs and excise Acts” and “assigned matter” have the same meanings as in section 1 of the 1979 Act;
“the Regulation” means Council Regulation (EC) No 423/2007 ;
“technical assistance” has the same meaning as in the Regulation.
3
References in this Order to the Regulation are references to the Regulation as amended from time to time in accordance with the procedure set out in Article 15 of the Regulation.
Offences related to Annex I items
2
1
A person who contravenes any of the following provisions of the Regulation, except by exporting goods, commits an offence —
a
Article 2(a) (prohibition on sale etc. to Iran of Annex I items),
b
Article 4 (prohibition on purchase etc. from Iran of Annex I items),
c
Article 5(1)(a) (prohibition on provision to Iran of technical assistance or brokering services related to Annex I items), or
d
Article 5(1)(b) (prohibition on providing investment to enterprises in Iran engaged in the manufacture of Annex I items).
2
A person who contravenes Article 5(1)(c) (prohibition on provision to Iran of financing or financial assistance related to Annex I items) of the Regulation commits an offence unless Article 12(2) of the Regulation (defence that person did not know and had no reasonable cause to suspect infringement) applies.
3
A person who is knowingly concerned in an activity, other than the exportation of goods, prohibited by Article 2(a) of the Regulation with intent to evade the prohibition in that Article commits an offence and may be arrested.
4
A person who is knowingly concerned in an activity, other than the importation of goods, prohibited by Article 4 of the Regulation with intent to evade the prohibition in that Article commits an offence and may be arrested.
5
A person who is knowingly concerned in an activity prohibited by or Article 5(1)(a), (b) or (c) of the Regulation with intent to evade the prohibition in that Article commits an offence and may be arrested.
6
A person who contravenes Article 2(b) (prohibition on participation, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibition in Article 2(1)(a)) of the Regulation commits an offence and may be arrested.
7
A person who contravenes Article 5(1)(d) (prohibition on participation, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibition in Article 5(1)(a), (b) or (c)) of the Regulation commits an offence and may be arrested.
Offences related to Annex II items
3
1
For the purposes of paragraphs (2) and (3) a person contravenes a provision of the Regulation if he —
a
does an act for which an authorisation is required by that provision, and
b
does not have the required authorisation.
2
A person who contravenes any of the following provisions of the Regulation, except by exporting goods, commits an offence —
a
Article 3(1) (authorisation required for sale etc. to Iran of Annex II items),
b
Article 5(2)(a) (authorisation required for provision to Iran of technical assistance or brokering services related to Annex II items), or
c
Article 5(2)(b) (authorisation required for providing investment to enterprises in Iran engaged in the manufacture of Annex II items).
3
A person who contravenes Article 5(2)(c) (authorisation required for provision to Iran of financing or financial assistance related to Annex II items) of the Regulation commits an offence unless he did not know, and had no reason to suspect, that he was providing financing or financial assistance that related to —
a
the acquisition of an Annex II item by a person in Iran, or
b
the provision of technical assistance in respect of an Annex II item to a person in Iran.
4
A person who —
a
is concerned in an activity, other than the exportation of goods, for which an authorisation is required by Article 3(1) of the Regulation,
b
does not have the required authorisation, and
c
is knowingly concerned in that activity with intent to evade the restriction in that Article
commits an offence and may be arrested.
5
A person who —
a
is concerned in an activity for which an authorisation is required by Article 5(2)(a), (b) or (c) of the Regulation,
b
does not have the required authorisation, and
c
is knowingly concerned in that activity with intent to evade the restriction in the relevant Article
commits an offence and may be arrested.
Offences related to Community authorisations
4
1
If, for the purpose of obtaining a Community authorisation, a person —
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular; or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
that person commits an offence; and any Community authorisation granted in connection with the application for which the false statement was made or the false document or information furnished shall be void from the time it was granted.
2
A person who, having acted under the authority of a Community authorisation, fails to comply with any of the requirements or conditions to which the Community authorisation is subject commits an offence, unless —
a
the Community authorisation was modified after the completion of the act authorised; and
b
the alleged failure to comply would not have been a failure had the Community authorisation not been so modified.
Penalties
5
1
A person guilty of an offence under article 2(1) or (2) or 3(2) or (3) of this Order is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
Subject to paragraphs (3) and (4), a person guilty of an offence under article 2(3) or (6) or 3(4) of this Order is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine (or both);
b
on summary conviction —
i
in England and Wales, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum (or both);
ii
in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum (or both).
3
In relation to an offence that is not committed in the United Kingdom or by a United Kingdom person —
a
for “ten years” in paragraph (2)(a) substitute “two years”; and
b
for paragraph (2)(b) substitute —
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum (or both).
.
4
In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 , for “twelve months” in paragraph (2)(b)(i) substitute “six months”.
5
A person guilty of an offence under article 2(4), (5) or (7), 3(5) or 4 of this Order is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum (or both).
6
In the case of an offence committed in connection with a prohibition or restriction in Article 2(1)(a) or Article 3(1) of the Regulation, sections 68(3)(b) and 170(3)(b) of the 1979 Act shall have effect as if for the words “7 years” there were substituted the words “10 years”.
Application of the 1979 Act
6
1
Where the Commissioners for Her Majesty’s Revenue and Customs investigate or propose to investigate any matter with a view to determining —
a
whether there are grounds for believing that an offence under this Order has been committed; or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter.
2
Section 77A of the 1979 Act (provision as to information powers) shall apply to a person concerned in an activity which, if not authorised by a Community authorisation, would contravene Article 2, 3, 4 or 5 of the Regulation and accordingly references in section 77A of the 1979 Act to exportation shall be read as including any such activity.
3
Section 138 of the 1979 Act (provision as to arrest of persons) shall apply to the arrest of a person for an offence under this Order as it applies to the arrest of a person for an offence under the customs and excise Acts.
4
Sections 145 , 146 , 146A , 147 , 148, 150 , 151 , 152 , 154 , and 155 of the 1979 Act (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under this Order as they apply in relation to offences and penalties under the customs and excise Acts.
Malcolm Wicks
Minister of State for Science and Innovation
Department of Trade and Industry
24th May 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as Her Majesty’s Inspectorate of Court Administration (Specified Organisations) Order 2007 and shall come into force on 1st May 2007.
2
In this Order —
“the 2003 Act ” means the Courts Act 2003;
“courts” means the courts defined in section 59(2) of the 2003 Act.
Specified organisations
2
The following persons are a specified organisation for the purposes of paragraph 3(3) of Schedule 3A to the 2003 Act —
persons exercising functions in the system that supports the carrying on of the business of the courts and the services provided for those courts.
Vera Baird
Parliamentary Under Secretary of State
Department for Constitutional Affairs
3rd April 2007


text:
Citation and commencement
1
This Order may be cited as the Pension Protection Fund (Pension Compensation Cap) Order 2007 and shall come into force on 1st April 2007.
The compensation cap
2
The amount specified for the purposes of paragraph (a) of the definition of “the compensation cap” in paragraph 26(7) of Schedule 7 to the Pensions Act 2004 (pension compensation provisions – compensation cap) shall be £29,928.56.
Revocation
3
The Pension Protection Fund (Pension Compensation Cap) Order 2006 is revoked.
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
23rd March 2007


text:
PART 1 PRELIMINARY
Citation and commencement
1
This Order may be cited as the Felixstowe Dock and Railway Harbour Revision Order 2007 and shall come into force on 13th November 2007.
Interpretation
2
1
In this Order —
“the 1988 Act ” means the Felixstowe Dock and Railway Act 1988 ;
“area of seaward construction activity” means the area of the sea within the limits of deviation shown on the deposited plans;
“ the Company ” means the Felixstowe Dock and Railway Company;
“control tower” means a building comprising an area at ground level not exceeding 350 square metres and having a height above ground level not exceeding 19 metres to be located on the north side of the work and to be used for regulating the movement of vessels;
“deposited plans” and “deposited sections” mean respectively the plans and sections (numbered sheets 1, 2 and 3) prepared in duplicate, signed by the Head of the Ports Division in the Department for Transport and marked “The Felixstowe Dock and Railway Harbour Revision Order 2007” of which copies are deposited at the offices of the Secretary of State for Transport and the registered office of the Company;
“dock” means the dock constructed by the Company in pursuance of the powers conferred on them by the Felixstowe Dock and Railway Acts and Orders 1879 to 2002 and this Order and includes the open cut or channel also constructed under those powers, and all other works, land, buildings, ancillary works, plant, property and conveniences connected with them, as from time to time existing;
“Dock Basin” means that part of the dock shown on sheet 2 of the deposited plans and described as “Dock Basin”;
“Harwich Haven Authority” has the meaning assigned by the Harwich Harbour Acts and Orders 1973 to 2000;
“level of high water” means the level of mean high-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plans subject to the modifications set out in article 5(2);
“proposed viewing area” means the proposed viewing area referred to in article 8;
“ the river ” means the river Orwell;
“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“ the tribunal ” means the Lands Tribunal;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“the undertaking” means the harbour undertaking of the Company as authorised from time to time;
“work” means any work authorised by article 4.
2
All points, directions, lengths, areas and other measurements stated in this Order (other than the limits of deviation) shall be construed as if the words “or thereabouts” were inserted after each such point, direction, length, area or other measurement.
3
Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points.
Limits of dock
3
1
The limits of the dock within which the Company shall exercise jurisdiction shall be the area described in Schedule 1 to this Order and shown, for the purpose of identification only, edged red on sheet 3 of the deposited plans; and in the following provisions of this Order, references to the limits of the dock shall be construed as references to the limits so described.
2
Any references to the limits of the dock contained in the Felixstowe Dock and Railway Acts and Orders 1879 to 2002 or in any byelaws, orders or regulations made under those Acts or Orders, shall be construed as references to the limits described in Schedule 1 to this Order.
3
Article 3 (Limits of dock) of, and Schedule 1 to, the Felixstowe Dock and Railway Harbour Revision Order 2002 are revoked.
PART 2 WORKS PROVISIONS
Power to construct works
4
1
Subject to the provisions of this Order, the Company may, in the lines and situations and upon the lands delineated on the deposited plans and within the limits of deviation and according to the levels shown on the deposited sections, construct and maintain the following work, with all necessary works and conveniences connected therewith —
A quay, including berths for vessels, together with quayside cranes and a control tower, extending into Harwich Harbour from the walls of the Dock Basin and the existing quay lines and enclosing an area of 28.4 hectares of the bed of the Dock Basin and the bed of Harwich Harbour being the area enclosed by those walls and those quay lines and by an imaginary line commencing at a point at TM 2792333280 thence extending in a straight line to a point at TM2789333205, thence extending in a straight line to a point at TM2773333268, thence extending in a straight line to a point at TM2769833254, thence in a straight line to a point at TM2821431953, thence in a straight line to a point at TM2822731848 and thence in a straight line to a point at TM 2825731840.
2
The Company may, for the purposes of the work authorised by paragraph (1), demolish and remove the structures lying within the limits of deviation (including the oil jetty, pipes, piers and pontoons) and enclose and reclaim so much of the bed of the Dock Basin and of Harwich Harbour and of the foreshore as lies within the limits of deviation and may hold and use the same as part of the undertaking.
3
Subject to the provisions of this Order, the Company may, within the limits of deviation, reconstruct, extend, enlarge, replace or relay the work and may maintain the same as reconstructed, extended, enlarged, replaced or relaid.
4
The work shall for all purposes form part of the undertaking.
Power to deviate
5
1
In the construction of the work the Company may deviate laterally from the lines or situations thereof shown on the deposited plans to any extent not exceeding the limits of deviation and may deviate vertically from the levels of the work shown on the deposited sections to any extent not exceeding 1 metre upwards and to any extent downwards as may be necessary or convenient.
2
When the work has been constructed the southerly and westerly limits of deviation shall be 44 metres seaward of the proposed viewing area, extending in a north-westerly direction 3 metres seaward of the proposed quay face and continuing north-westward to the northern limit of deviation.
Subsidiary works
6
1
The Company may from time to time within the limits of deviation provide and operate such dock facilities, together with works ancillary to those facilities, as may be necessary or convenient for the construction of the work or the operation of the undertaking, and for this purpose the Company may construct and maintain roads, buildings, sheds, offices, workshops, depots, walls, foundations, fences, gates, tanks, pumps, conduits, pipes, drains, wires, mains, cables, electrical substations, signals, conveyors, cranes, container handling equipment, lifts, hoists, lighting columns, weighbridges, stairs, ladders, stages, platforms, catwalks, equipment, machinery and appliances and such other works and conveniences as may be necessary or expedient.
2
Without prejudice to paragraph (1), the Company may within the limits of deviation carry out and maintain such other works as may be necessary or convenient for the purposes of, or in connection with or in consequence of, the construction, maintenance or use of the work including —
a
works for the accommodation or convenience of vessels (including dolphins and pontoons); and
b
works to alter the position of apparatus, including mains, sewers, drains, pipes, conduits, cables, electrical substations and electrical lines.
3
Article 3 of, and Parts 11 and 17 in Schedule 2 to, the Town and Country Planning (General Permitted Development) Order 1995 (which respectively permit development authorised by a harbour revision order designating specifically both the nature of the development authorised and the land on which it may be carried out and development of operational land in respect of a dock or harbour undertaking) shall have effect in relation to a work as if the authority to develop given thereunder excluded buildings or any other structures or erections (including, without prejudice to the generality of the foregoing, stacks of goods, materials or shipping containers) above a height of 17 metres from ground level as shown on the deposited plans, other than the control tower, lights and lighting towers, cranes, trolleys, gantries, jibs or booms required for the construction of the work or the operation of the undertaking.
Period for completion of work
7
1
Subject to paragraph (2), if the work is not completed within ten years from the coming into force of this Order or such extended time as the Secretary of State may on the application of the Company allow, then on the expiration of that period or such extended time (as the case may be) the powers by this Order granted to the Company for making and maintaining the works shall cease except as to so much thereof as is then substantially commenced.
2
Nothing in paragraph (1) shall apply to any works carried out under paragraph (3) of article 4 or article 6.
Viewing area for members of public
8
At any time after the work has been constructed, the Company may, in substitution for the existing public viewing area shown stippled black on sheet 2 of the deposited plans, carry out and maintain on, or on any part of, the land shown hatched black on that sheet works to provide the proposed viewing area accessible by and for the use of members of the public including a means of pedestrian and vehicular access over, or over any part of, the land shown cross hatched black on that sheet.
Power to dredge
9
1
The Company may, for the purposes of constructing and maintaining the work and of affording access to the work by vessels, from time to time deepen, dredge, scour, cleanse, alter and improve so much of the bed, shores and channels of the river as adjoin or are near to the work and may use, appropriate or dispose of the materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1995 ) from time to time dredged by them.
2
No such materials shall be laid down or deposited —
a
in contravention of the provisions of any enactment as respects the disposal of waste; or
b
in any place below the level of high water otherwise than in such position and under such conditions and restrictions as may be approved or prescribed by the Secretary of State.
3
The Company shall consult with Harwich Haven Authority before exercising the powers conferred on them by this article.
Obstruction of work
10
Any person who intentionally obstructs any person acting under the authority of the Company in setting out the lines of the work, or who interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Planning, etc. jurisdiction
11
1
During the period beginning with the date when this Order comes into force and ending on the accretion date, the area within the limits of deviation shall, for the purposes of the Control of Pollution Act 1974 and the Town and Country Planning Act 1990 , be annexed to and incorporated with the district of Suffolk Coastal.
2
On the accretion date, the area of the whole or of so much of the works authorised by article 4 and article 6 as shall have been completed or substantially commenced shall be annexed to and incorporated with the Town of Felixstowe, the district of Suffolk Coastal and the county of Suffolk.
3
In this article “accretion date” means the date when the works so authorised have been completed or, if sooner, the date when the powers granted by this Order cease to have effect pursuant to article 7.
Tidal works not to be executed without approval of Secretary of State
12
1
Unless its construction has commenced within five years of the coming into force of this Order, no tidal work shall be constructed, reconstructed, extended, enlarged, replaced or relaid except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before that work is begun.
2
Any request for the approval of the Secretary of State under paragraph (1) shall be accompanied by written evidence to demonstrate to the satisfaction of the Secretary of State that Schedule 2 has been complied with as respects the tidal work for which approval is being requested.
3
If a tidal work is constructed, reconstructed, extended, enlarged, replaced or relaid in contravention of paragraph (1) or of any condition or restriction imposed under that paragraph —
a
the Secretary of State may by notice in writing require the Company at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and, if on the expiration of 30 days from the date when the notice is served upon the Company they have failed to take reasonable steps to comply with the requirements of the notice, the Secretary of State may take whatever steps she considers appropriate to achieve the result required by the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, she may remove the tidal work, or part of it, and restore the site to its former condition,
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Lights on tidal works etc., during construction
13
1
The Company shall at or near —
a
a tidal work, including any temporary work; or
b
any plant, equipment or other obstruction placed, in connection with any work authorised by article 4 or article 6, within the area of seaward construction activity,
during the whole time of the construction, reconstruction, extension, enlargement, replacement or relaying thereof, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State and the Harwich Haven Authority or, failing agreement between them, the Secretary of State may from time to time direct.
2
If the Company fail to comply in any respect with any direction given under paragraph (1), they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Provision against danger to navigation
14
1
In case of injury to or destruction or decay of a tidal work or any part thereof the Company shall as soon as reasonably practicable notify Harwich Haven Authority and Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Harwich Haven Authority and Trinity House or, failing agreement between them, Harwich Haven Authority may from time to time direct.
2
If the Company fail to give the notification required by paragraph (1) or to comply in any respect with any direction given under that paragraph they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
15
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Company at their own expense either to repair and restore that work or any part thereof, or to remove that work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Company, they have failed to comply in any respect with the notice, the Secretary of State may take whatever steps she considers appropriate to achieve the result required by the notice and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Survey of tidal works
16
If the Secretary of State deems it expedient to do so, the Secretary of State may order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Company.
Permanent lights on tidal works
17
1
After the completion of a tidal work the Company shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as Harwich Haven Authority and Trinity House or, failing agreement between them, Harwich Haven Authority may from time to time direct.
2
If the Company fail to comply in any respect with any direction given under paragraph (1) they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
PART 3 MISCELLANEOUS AND GENERAL
Power to lease etc.
18
1
The Company may at any time lease or grant for the purposes of the undertaking the use or occupation of, or any right or interest in, over or relating to, any lands, works, buildings, equipment or other property forming part of the undertaking for such period or periods and on such terms and conditions as may be agreed between the Company and the persons taking the same.
2
A lease or grant made or given under paragraph (1) may include provisions delegating to the lessee or grantee any of the functions of the Company other than those specified in sub-paragraphs (a) to (f) of paragraph 9B of Schedule 2 to the Harbours Act 1964 .
Amendment of section 28 of Harwich Harbour Act 1974
19
Section 28(1) (for protection of Felixstowe Dock and Railway Company) of the Harwich Harbour Act 1974 is amended by the substitution, for the words “article 3 (Limits of dock) of, and Schedule 1 to, the Felixstowe Dock and Railway Harbour Revision Order 2002”, of the words “article 3 (Limits of dock) of, and Schedule 1 to, the Felixstowe Dock and Railway Harbour Revision Order 2007”.
Disapplication of regulation 60 of Conservation (Natural Habitats, &c.) Regulations 1994
20
1
Regulation 60 of the Conservation (Natural Habitats, &c.) Regulations 1994 (“the Habitats Regulations”) shall not apply to any planning permission which relates to the works authorised by article 4 or article 6 and which is granted by article 3(1) of the Town and Country Planning (General Permitted Development) Order 1995 for the class of development described as permitted development in Part 11 of Schedule 2 to that Order.
2
Paragraph (1) does not apply if and to the extent that those works —
a
do not form part of the plan and project which was subject to an appropriate assessment in accordance with regulation 48 of the Habitats Regulations in connection with the making of this Order; and
b
are not subject to a further consent, permission or authorisation by a competent authority as defined in the Habitats Regulations.
Defence to proceedings in respect of statutory nuisance
21
1
Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by persons aggrieved by statutory nuisances) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (statutory nuisances and inspections therefor) no order shall be made, and no fine shall be imposed, under section 82(2) of that Act if the defendant shows that the nuisance relates to premises used by the Company for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to the construction or maintenance of the work; and
a
that the nuisance is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60, or a consent given under section 61 or 65, of the Control of Pollution Act 1974 ; or
b
that the nuisance is a consequence of the construction, maintenance or use of the work and that it cannot reasonably be avoided.
2
The following provisions of the Control of Pollution Act 1974, namely —
a
section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990); and
b
section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded),
shall not apply where the consent relates to the use of premises by the Company for the purposes of, or in connection with, the exercise of the powers conferred by this Order with respect to the construction or maintenance of the work.
Defence of due diligence
22
1
In proceedings for an offence under article 13, 14 or 17 it is a defence for the Company to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
2
If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to the act or default of another person, the Company shall not, without leave of the court, be entitled to rely on that defence unless, within a period of seven clear days before the hearing, they have 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 their possession.
Protection of interests
23
Schedule 2 to this Order has effect.
Saving for Trinity House
24
Nothing in this Order prejudices or derogates from any of the rights, duties or privileges of Trinity House.
Crown rights
25
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing in this Order authorises the Company to take, use, enter upon or in any manner interfere with, any land, hereditaments or rights of whatsoever description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary or appropriate.
Signed by authority of the
Secretary of State for Transport
Richard Bennett
9th November 2007
Head of Ports Division
Department for Transport


text:
1
This Order may be cited as the Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2007, comes into force on 1st May 2007 and has effect from the beginning of prescribed accounting periods beginning on or after that date.
2
Amend section 57 of the Value Added Tax Act 1994 (determination of consideration for fuel supplied for private use) as follows.
3
In subsection (3) for Table A substitute —
Table A
Description of vehicle: vehicle’s CO 2 emissions figure 12 month period
£
3 month period
£
1 month period
£
140 or less 730.00 182.00 60.00 145 780.00 195.00 65.00 150 830.00 207.00 69.00 155 880.00 219.00 73.00 160 925.00 231.00 77.00 165 975.00 243.00 81.00 170 1,025.00 256.00 85.00 175 1,075.00 268.00 89.00 180 1,120.00 280.00 93.00 185 1,170.00 292.00 97.00 190 1,220.00 304.00 101.00 195 1,270.00 317.00 105.00 200 1,315.00 329.00 109.00 205 1,365.00 341.00 113.00 210 1,415.00 353.00 117.00 215 1,465.00 365.00 121.00 220 1,510.00 378.00 126.00 225 1,560.00 390.00 130.00 230 1,610.00 402.00 134.00 235 1,660.00 414.00 138.00 240 or more 1,705.00 426.00 142.00
4
At the end of subsection (3) insert —
Notes
If a CO 2 emissions figure is specified in relation to a vehicle in an EC certificate of conformity or a UK approval certificate, the vehicle’s CO 2 emissions figure for the purposes of Table A is determined as follows.
If only one figure is specified in the certificate, that figure is the vehicle’s CO 2 emissions figure for those purposes.
If more than one figure is specified in the certificate, the figure specified as the CO 2 (combined) emissions figure is the vehicle’s CO 2 emissions figure for those purposes.
If separate CO 2 emissions figures are specified for different fuels, the lowest figure specified or, in a case within note (3), the lowest CO 2 emissions (combined) figure specified is the vehicle’s CO 2 emissions figure for those purposes.
If the vehicle’s CO 2 emissions figure (determined in accordance with notes (2) to (4)) is not a multiple of 5, it is rounded down to the nearest multiple of 5 for those purposes.
If no EC certificate of conformity or UK approval certificate is issued in relation to a vehicle or no emissions figure is specified in relation to it in any such certificate, the vehicle’s CO 2 emissions figure for those purposes is —
140 or less (if its cylinder capacity is 1,400 cubic centimetres or less),
175 (if its cylinder capacity exceeds 1,400 cubic centimetres but does not exceed 2,000 cubic centimetres), and
240 or more (if its cylinder capacity exceeds 2,000 cubic centimetres).
.
Claire Ward
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd March 2007


text:
Citation
1
This Order may be cited as the Lulworth and Winfrith CE VC First School (Designation as having a Religious Character) Order 2007.
Designation of School
2
1
The Lulworth and Winfrith CE VC First School, School Lane, West Lulworth, Wareham, Dorset, BH20 5SA, 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.
Sinead O’Sullivan
A Deputy Director in the
Department for Children, Schools and Familes
17th December 2007