text:
PART 1
Preliminary
Citation, commencement and revocation
1
1
These Regulations may be cited as the Supply of Machinery (Safety) Regulations 2008 and shall come into force on 29th December 2009.
2
The Regulations listed in the first column of the table in Schedule 1 are revoked to the extent specified in the third column of that table.
Interpretation
2
1
In these Regulations —
a
references to “the Directive” are references to Directive 2006/42/ EC of the European Parliament and of the Council on machinery, and amending Directive 95/16/EC ; and
b
Annexes I to XI to the Directive are reproduced in Schedule 2 (with minor changes reflecting the Directive’s application to the EEA , and certain details of the Directive’s implementation in these Regulations – in particular, the use of certain defined terms and the adoption of gender neutral drafting), so that each Annex is a separate Part of that Schedule; accordingly, where reference is made to an Annex designated by a Roman numeral, the reference is to the Part of Schedule 2 designated by the corresponding Arabic numeral and reproducing the text of the Annex to the Directive designated by that Roman numeral in the Directive.
2
In these Regulations —
“the 1974 Act ” means the Health and Safety at Work etc Act 1974 ;
“the 1978 Order ” means the Health and Safety at Work (Northern Ireland) Order 1978 ;
“the 1987 Act ” means the Consumer Protection Act 1987 ;
“the 1992 Regulations ” means the Supply of Machinery (Safety) Regulations 1992 ;
“applicable” means, in relation to the application of essential health and safety requirements to any machine, those essential health and safety requirements which are expressed in Annex I (Part 1 of Schedule 2) as applying either to all machinery or to machinery of a category to which that machine belongs or which has a characteristic that it shares;
“authorised representative” means a person established in an EEA state who has received a written mandate from the manufacturer to perform, on the manufacturer’s behalf, all or part of the obligations and formalities imposed on manufacturers (either as “manufacturers” or “responsible persons”) by these Regulations or otherwise in connection with the Directive;
“CE marking” means a mark consisting of the symbol “CE” set out in the form shown in Annex III (Part 3 of Schedule 2);
“chains, ropes and webbing” has the meaning given in regulation 4(2)(e);
“ Commission ” means Commission of the European Communities;
“conformity assessment” means the assessment, in accordance with Annex VIII , IX or X (Part 8, Part 9 or Part 10 of Schedule 2), of whether machinery, or a representative model of machinery, satisfies the applicable requirements of these Regulations, and “conformity assessment procedure” means the procedures specified in any of those Annexes;
“enforcement authority” means —
in Great Britain, subject to sub-paragraph (b) —
in relation to machinery and partly completed machinery for use at work, the Health and Safety Executive; and
in relation to any other machinery or partly completed machinery —
within each local weights and measures authority’s area, that authority; or
the Secretary of State;
the Office of Rail Regulation where, in Great Britain, the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 make it the enforcing authority, within the meaning of section 18(7) of the 1974 Act, in relation to machinery for use in the operation of a railway, tramway or any other system of guided transport, as defined in those Regulations; and
in Northern Ireland —
in relation to machinery and partly completed machinery for use at work, the Health and Safety Executive for Northern Ireland; and
in relation to any other machinery or partly completed machinery —
within each district council’s area, that council; or
the Secretary of State;
“essential health and safety requirements” means the requirements set out in Annex I (Part 1 of Schedule 2), sections 1 to 6, read in the light of the General Principles set out at the start of that Annex;
“follow”, in relation to a responsible person and a conformity assessment procedure, means the responsible person complying with the requirements which the conformity assessment procedure, as expressed in Annex VIII, IX or X (Part 8, Part 9 or Part 10 of Schedule 2), imposes on responsible persons;
“harmonised standard” means a non-binding technical specification adopted by the European Committee for Standardisation ( CEN ), the European Committee for Electrotechnical Standardisation ( CENELEC ) or the European Telecommunications Standards Institute ( ETSI ), on the basis of a remit issued by the Commission in accordance with the procedures laid down in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services ;
“the Health and Safety Executive” (except where express reference is made to the Health and Safety Executive for Northern Ireland) means the Health and Safety Executive established under section 10 of the 1974 Act;
“the Health and Safety Executive for Northern Ireland” means the Health and Safety Executive for Northern Ireland established under Article 12 of the 1978 Order;
“interchangeable equipment” has the meaning given in regulation 4(2)(b);
“lifting accessory” has the meaning given in regulation 4(2)(d);
“machine” means an item of machinery;
“machinery” has the meaning given in regulation 4(3);
“manufacturer” means, in relation to machinery or partly completed machinery —
a person who designs or manufactures that machinery or partly completed machinery —
with a view to its being placed on the market under that person’s own name or trademark; or
for that person’s own use in an EEA state; or
if there is no such person, the person who places that machinery or partly completed machinery on the market or puts it into service;
“notified body” means —
a UK notified body;
a person designated as a notified body for the purposes of the Directive by another EEA state and notified by that state to the Commission and the other EEA states under Article 14(1) of the Directive; or
a person recognised for the purpose of carrying out the functions of a notified body under the Directive under or by virtue of —
a mutual recognition agreement relating to the Directive; or
a similar agreement (including a Protocol to a Europe Agreement, or another Agreement, on Conformity Assessment and Acceptance of Industrial Products),
which has been concluded between the European Community and a state other than an EEA state;
“notified body criteria” has the meaning given in regulation 16(6);
“notified body designation” has the meaning given in regulations 16(2) and (4);
“official Community language” means an official language of an EEA state;
“partly completed machine” means an item of partly completed machinery;
“partly completed machinery” has the meaning given in regulation 6;
“place on the market” and related expressions have the meaning given in regulation 3;
“published harmonised standard” has the meaning given in regulation 7(4);
“put into service” and related expressions have the meaning given in regulation 3;
“removable mechanical transmission device” has the meaning given in regulation 4(2)(f);
“responsible person” means, in relation to machinery or partly completed machinery —
the manufacturer of that machinery or partly completed machinery; or
the manufacturer’s authorised representative;
“safe” means, in relation to machinery, that when it is properly installed and maintained, and used for the purposes for which it is intended, or under conditions which can reasonably be foreseen, it does not —
endanger the health of, or result in death or injury to, any person; or
where appropriate —
endanger the health of, or result in death or injury to, domestic animals; or
endanger property;
“safety component” has the meaning given in regulation 4(2)(c);
“UK notified body” has the meaning given in regulation 16(3) and (4); and
“use at work” means, in relation to machinery or partly completed machinery, use or operation —
by persons at work (whether exclusively or not); or
otherwise than at work, in non-domestic premises made available to persons at a place where they may use the machinery or partly completed machinery provided for their use there,
and for these purposes, “at work” has the same meaning as it does under or by virtue of section 52 of the 1974 Act for the purposes of Part 1 of that Act.
Placing on the market and putting into service; supplies outside the EEA and showing at trade fairs not covered
3
1
In these Regulations, subject to paragraph (2) —
a
references to placing machinery or partly completed machinery on the market are references to making it available in an EEA state —
i
for the first time;
ii
with a view to distribution or use, whether by the person making it available or another; and
iii
whether for reward or free of charge; and
b
references to putting any machinery or partly completed machinery into service are references to the first time that it is used for its intended purpose in an EEA state.
2
For the purposes of these Regulations, machinery or partly completed machinery shall not be regarded as being placed on the market or put into service where —
a
it does not have affixed to it either the CE marking, or any inscription likely to be confused with the CE marking, and —
i
it will not be put into service in an EEA state;
ii
it is imported into an EEA state for re-export to a country which is not an EEA state; or
iii
it is imported into an EEA state other than in the course of a business by a person who intends to use it other than in the course of a business; or
b
it is shown at a trade fair, exhibition or other similar demonstration; provided that, where any machinery or partly completed machinery which does not comply with the requirements of these Regulations which would apply to it but for this paragraph is shown at a trade fair, exhibition or other similar demonstration, the responsible person —
i
displays a notice in relation to it, stating that —
aa
it does not comply with the requirements of these Regulations; and
bb
it will not be made available until it does comply with those requirements; and
ii
takes adequate safety measures to ensure that it does not kill or injure any person.
PART 2
Application
Products to which Regulations apply; definition of “machinery”
4
1
These Regulations apply —
a
to products in respect of which the following conditions are satisfied —
i
that they fall within one of the descriptions of products specified in paragraph (2);
ii
that they do not fall within any of the categories of products specified in Schedule 3 as being products to which these Regulations do not apply;
iii
that they are placed on the market or put into service on or after 29th December 2009; and
iv
that these Regulations are not disapplied in respect of them by regulation 5; and
b
to partly completed machinery, as defined in regulation 6.
2
The following descriptions of products are specified in this paragraph —
a
assemblies which fall within one of the following descriptions —
i
an assembly, fitted with or intended to be fitted with a drive system other than directly applied human or animal effort, consisting of linked parts or components, at least one of which moves, and which are joined together for a specific application;
ii
an assembly as referred to in sub-paragraph (i), missing only the components to connect it on site or to sources of energy and motion;
iii
an assembly as referred to in sub-paragraph (i) or (ii), ready to be installed and able to function as it stands only if mounted on a means of transport, or installed in a building or structure;
iv
assemblies of machinery as referred to in sub-paragraphs (i), (ii) and (iii) or partly completed machinery, which, in order to achieve the same end, are arranged and controlled so that they function as an integral whole;
v
an assembly of linked parts or components, at least one of which moves and which are joined together, intended for lifting loads and whose only power source is directly applied human effort;
b
devices which, after the putting into service of machinery or of a tractor, are assembled with that machinery or tractor by operators themselves in order to change its function or attribute a new function, in so far as they are not tools (“interchangeable equipment”);
c
components —
i
which serve to fulfil a safety function;
ii
which are independently placed on the market;
iii
the failure or malfunction of which endangers the safety of persons; and
iv
which are not necessary in order for the machinery to function, or for which other components which do not fall within sub-paragraphs (i) to (iii) may be substituted in order for the machinery to function,
(“safety components”, examples of which are listed in Annex V (Part 5 of Schedule 2));
d
components or equipment (including slings and their components) which —
i
are not attached to lifting machinery;
ii
allow a load to be held;
iii
are placed between the machinery and the load or on the load itself, or are intended to constitute an integral part of the load; and
iv
are independently placed on the market
(“lifting accessories”);
e
chains, ropes and webbing designed and constructed for lifting purposes as part of lifting machinery or lifting accessories (“chains, ropes and webbing”); and
f
removable components for transmitting power between self-propelled machinery or a tractor and another machine by joining them at the first fixed bearing (“removable mechanical transmission devices”) (when such components are placed on the market with a guard the components and the guard together shall be regarded as one product).
3
Subject to paragraph (4), in these Regulations, the word “machinery” refers to products of any of the descriptions specified in paragraph (2) in respect of which the conditions specified in paragraph (1)(a)(ii), (iii) and (iv) are satisfied.
4
Where an essential health and safety requirement is expressed to apply both to “machinery” generally and to a particular description of machinery referred to in paragraph (2)(b), (c), (d), (e) or (f), the general reference to “machinery” is to be understood —
a
as not referring to machinery of that particular description; and
b
as referring only to those descriptions of machinery referred to in paragraph (2) for which the hazard corresponding to that essential health and safety requirement exists when they are used under the conditions foreseen by the responsible person or in foreseeable abnormal situations.
Disapplication where more specific Community safety rules apply
5
These Regulations do not apply to a product if, or to the extent that, Community directives other than the Directive, which apply to it, make more specific provision than the Directive in connection with the hazards referred to in Annex I (Part 1 of Schedule 2).
Partly completed machinery
6
1
Subject to paragraph (2), provisions of these Regulations which refer to “partly completed machinery” apply to drive systems and other assemblies which —
a
are almost machinery;
b
cannot in themselves perform a specific application; and
c
are only intended to be incorporated into or assembled with other machinery or other partly completed machinery or equipment, thereby forming machinery.
2
Paragraph (1) does not apply to assemblies of the kind described in paragraph (1) which —
a
are placed on the market before 29th December 2009; or
b
are only intended to be incorporated into or assembled with other products to form a product which falls within any of the categories of products specified in Schedule 3 as being products to which these Regulations do not apply.
PART 3
General prohibitions and obligations
Supply of machinery: general obligations and prohibition
7
1
No responsible person shall place machinery on the market or put it into service unless it is safe.
2
Before machinery is placed on the market or put into service, the responsible person must —
a
ensure that the applicable essential health and safety requirements are satisfied in respect of it;
b
ensure that the technical file is compiled and made available in accordance with the requirements of Annex VII (Part 7 of Schedule 2), part A;
c
provide, in particular, the information necessary to operate it safely, such as instructions;
d
follow, as appropriate —
i
the conformity assessment procedure prescribed by regulation 10;
ii
one of the conformity assessment procedures prescribed by regulation 11; or
iii
one of the conformity assessment procedures prescribed by regulation 12;
e
draw up the EC declaration of conformity in accordance with the requirements of Annex II (Part 2 of Schedule 2), section A, part 1, and ensure that —
i
a copy of it accompanies the machinery; and
ii
the original is retained in accordance with the requirements of Annex II, part 2, first paragraph; and
f
affix the CE marking to the machinery —
i
visibly, legibly and indelibly; and
ii
as prescribed in Annex III (Part 3 of Schedule 2).
3
In order to comply with the requirements of paragraphs (1) and (2), a responsible person must carry out, or procure the carrying out of, all the necessary research and tests on components, fittings or the completed machinery to determine whether, by its design and construction, it is capable of being assembled and put into service safely.
4
For the purposes of paragraph (2)(a), machinery which is manufactured in conformity with a harmonised standard, the references to which have been published in the Official Journal of the European Union (a “published harmonised standard”) shall be presumed to comply with the essential health and safety requirements covered by that standard.
5
Where —
a
the conformity assessment procedure specified in regulations 11(2)(b) and 12(2)(a) has been followed; and
b
a type-examination certificate has been issued,
in respect of machinery, the manufacturer must comply with the ongoing obligations of manufacturers prescribed in Annex IX (Part 9 of Schedule 2), point 9, in respect of that machinery.
6
Where —
a
the conformity assessment procedure specified in regulations 11(2)(c) and 12(2)(b) has been followed; and
b
a quality system has been approved,
in respect of machinery, the manufacturer must comply with the ongoing obligations of manufacturers prescribed in Annex X (Part 10 of Schedule 2) in respect of that machinery.
Supply of partly completed machinery: general obligations and prohibition
8
1
Before partly completed machinery is placed on the market, the responsible person must ensure that —
a
the relevant technical documentation is prepared and made available in accordance with the requirements of Annex VII (Part 7 of Schedule 2), part B;
b
assembly instructions are prepared in accordance with Annex VI (Part 6 of Schedule 2);
c
a declaration of incorporation has been drawn up in accordance with Annex II (Part 2 of Schedule 2), part 1, section B, and that —
i
a copy of it accompanies the machinery; and
ii
the original is retained in accordance with Annex II, part 2, second paragraph.
2
The assembly instructions and the declaration of incorporation shall accompany partly completed machinery until it is incorporated into machinery.
3
After partly completed machinery is incorporated into machinery its assembly instructions and declaration of incorporation shall form part of the technical file for that machinery.
4
In order to comply with the requirements of paragraph (1), a responsible person must carry out, or procure the carrying out of, all the necessary research and tests on components, fittings or the partly completed machinery to determine whether, by its design and construction, it is capable of being assembled and used safely.
Putting machinery into service
9
A person who is not a responsible person shall not put machinery into service unless it satisfies the applicable essential health and safety requirements and is safe.
Conformity assessment procedures
Machinery not referred to in Annex IV
10
If machinery falls within a category which is not referred to in Annex IV (Part 4 of Schedule 2), the responsible person shall follow the conformity assessment procedure with internal checks on the manufacture of machinery prescribed in Annex VIII (Part 8 of Schedule 2) in respect of it.
Annex IV machinery manufactured fully in accordance with published harmonised standards and fully covered by such standards
11
1
This regulation applies to machinery —
a
which falls within a category which is referred to in Annex IV (Part 4 of Schedule 2); and
b
in respect of which both of the following conditions are satisfied —
i
that the machinery is manufactured in accordance with published harmonised standards; and
ii
that the published harmonised standards in accordance with which it is manufactured cover all the applicable essential health and safety requirements.
2
Where this regulation applies, the responsible person shall follow one of the following conformity assessment procedures —
a
the conformity assessment procedure with internal checks on the manufacture of machinery prescribed in Annex VIII (Part 8 of Schedule 2); or
b
the EC type-examination procedure prescribed in Annex IX (Part 9 of Schedule 2) and the internal checks on the manufacture of machinery prescribed in Annex VIII, point 3; or
c
the full quality assurance procedure prescribed in Annex X (Part 10 of Schedule 2).
Annex IV machinery not manufactured fully in accordance with published harmonised standards or not fully covered by such standards
12
1
This regulation applies to machinery —
a
which falls within a category which is referred to in Annex IV (Part 4 of Schedule 2); and
b
in respect of which any of the following conditions is satisfied —
i
that the machinery is not manufactured in accordance with the published harmonised standards which relate to it; or
ii
that the machinery is only partly manufactured in accordance with the published harmonised standards which relate to it; or
iii
that the published harmonised standards in accordance with which the machinery is manufactured do not cover all the applicable essential health and safety requirements; or
iv
that no harmonised standards exist for the machinery.
2
Where this regulation applies, the responsible person shall follow one of the following conformity assessment procedures —
a
the EC type-examination procedure prescribed in Annex IX (Part 9 of Schedule 2) and the internal checks on the manufacture of machinery prescribed in Annex VIII (Part 8 of Schedule 2), point 3; or
b
the full quality assurance procedure prescribed in Annex X (Part 10 of Schedule 2).
PART 4
CE Marking
CE-marked machinery to be taken to comply with Regulations
13
1
Unless there is evidence to the contrary —
a
an enforcement authority;
b
the Secretary of State (where the Secretary of State is not an enforcement authority); and
c
any court or tribunal of competent jurisdiction which is called upon to decide a matter which involves the application of these Regulations,
shall presume that machinery which bears the CE marking and is accompanied by an EC declaration of conformity which complies with Annex II (Part 2 of Schedule 2), part 1, section A complies with these Regulations.
2
The failure or refusal by a responsible person, in response to a duly reasoned request from an enforcement authority, to make the technical file or a copy of it available in accordance with Annex VII (Part 7 of Schedule 2), part A, point 2 shall be reasonable grounds for the authority —
a
to doubt the conformity of machinery with the essential health and safety requirements, in accordance with Annex VII, part A, point 3; or
b
to doubt the conformity of partly completed machinery with the essential health and safety requirements, in accordance with Annex VII, part B, last paragraph,
and it may make such use of its powers under Schedule 5 as is appropriate in the light of such doubts.
Machinery covered by more than one Directive
14
1
Subject to paragraph (2), where machinery falls within the scope of a Community directive other than the Directive (“the other Directive”), the affixing of the CE marking indicates that the relevant requirements of the other Directive are also satisfied.
2
Where —
a
the other Directive includes a provision allowing the responsible person to choose, during a transitional period that has not ended, the system to be applied;
b
the responsible person takes advantage of this option; and
c
the particulars of the other Directive which the responsible person has chosen to apply, as published in the Official Journal of the European Union , are given in the EC declaration of conformity,
the affixing of the CE marking indicates that the machinery conforms only to the provisions of the other Directive which the responsible person has chosen to apply.
Protection of CE marking
15
1
No person shall affix the CE marking to machinery which does not comply with these Regulations.
2
No person shall affix to machinery any marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the CE marking (or both).
3
Other markings may be affixed to machinery which bears the CE marking only if the visibility, legibility or meaning of the CE marking is not impaired as a result.
PART 5
Notified bodies
Designation and monitoring of UK notified bodies
16
1
The Secretary of State may designate a person to carry out conformity assessment.
2
Except as provided in paragraph (4), any such designation (a “notified body designation”) shall be made in accordance with paragraphs (5) to (9) of this regulation.
3
A person in respect of whom —
a
a notified body designation has been made under this regulation; and
b
whose designation has been notified by the Secretary of State to the Commission and the other EEA states under Article 14(1) of the Directive,
is a “UK notified body” to the extent that that designation remains in effect.
4
If a person holds an appointment as a United Kingdom approved body under the 1992 Regulations which has been notified to the Commission and the other EEA states under Article 9(1) of Directive 98/37/EC and has not been terminated —
a
the appointment —
i
is a “notified body designation” for the purposes of these Regulations; and
ii
shall be varied in accordance with regulation 17 to the extent that it is necessary or expedient to vary it to take account of the repeal of Directive 98/37/EC and the revocation of the 1992 Regulations and their replacement by the Directive and these Regulations; and
b
that person is a “UK notified body” to the extent that the appointment remains in effect.
5
Except where paragraph (4) applies, any person wishing to be a UK notified body must apply to the Secretary of State for designation under this regulation.
6
A notified body designation shall not be made unless the Secretary of State is satisfied that the person in respect of whom it is to be made meets the criteria specified in Annex XI (Part 11 of Schedule 2) (the “notified body criteria”).
7
A person who meets the assessment criteria laid down in a published harmonised standard shall be presumed to meet that part of the notified body criteria which corresponds to the criteria in that standard.
8
A notified body designation —
a
shall be in writing;
b
shall specify the conformity assessment procedures that the person designated may carry out;
c
may relate to all the categories of machinery listed in Annex IV (Part 4 of Schedule 2) or to such of those categories as are specified in the designation;
d
may designate a person for a specified period; and
e
may be made subject to such other conditions as are specified in the designation, including conditions which are to apply upon or following termination of the designation.
9
In making a notified body designation the Secretary of State may have regard (in addition to the notified body criteria) to any other matter which appears to the Secretary of State to be relevant.
10
The Secretary of State shall, from time to time, publish a list of UK notified bodies, identifying, in the case of each UK notified body, the description of machinery for which that notified body is designated.
11
The Secretary of State shall, from time to time, carry out an inspection of each UK notified body with a view to verifying that it —
a
meets the notified body criteria;
b
complies with any condition to which its designation is subject; and
c
complies with these Regulations.
12
A UK notified body shall comply with any request of the Secretary of State to provide information relevant to determining its compliance with the notified body criteria, these Regulations, or any condition to which its designation is subject.
Duration, variation and termination of designations
17
1
A notified body designation which does not designate a person as a UK notified body for a specified period shall have effect until such time as it is terminated under paragraph (4).
2
A notified body designation which designates a person as a UK notified body for a specified period shall expire in accordance with its terms unless the period so specified is extended or shortened under paragraph (3) before the date on which it had been due to expire.
3
The Secretary of State may vary any aspect of a notified body designation if —
a
the UK notified body so requests; or
b
it appears to the Secretary of State necessary or expedient to do so.
4
The Secretary of State may terminate a notified body designation —
a
on the expiry of 90 days’ notice in writing at the request of the UK notified body;
b
if it appears to the Secretary of State that any condition of the designation is not complied with; or
c
if the Secretary of State considers that the UK notified body no longer satisfies the notified body criteria.
5
Where the Secretary of State is minded to vary a notified body designation in accordance with paragraph (3)(b), or to terminate a notified body designation under paragraph (4)(b) or (c), the Secretary of State shall —
a
give notice in writing to the UK notified body of the proposed variation or termination and the reasons for it, stating that the UK notified body has 21 days from the date of the notice in which to make representations to the Secretary of State in respect of the proposed variation or termination; and
b
consider any representations received from the UK notified body in accordance with the notice.
6
If a notified body designation is terminated under paragraph (4), the Secretary of State may, by notice in writing —
a
authorise another UK notified body to take over the functions of the UK notified body whose designation has been terminated in respect of such cases as are specified in the notice; and
b
give such directions as the Secretary of State considers appropriate (either to the UK notified body whose designation has been terminated or to another UK notified body) in respect of a UK notified body’s files or any other matter which the Secretary of State considers expedient for the purposes of ensuring that another notified body carries out the functions of a notified body for the existing customers of the notified body whose designation has been terminated.
Functions of UK notified bodies
18
1
Subject to the terms of their notified body designations and paragraph (2), UK notified bodies shall carry out the functions of notified bodies specified in Annexes IX and X (Parts 9 and 10 of Schedule 2).
2
A UK notified body shall not be obliged to carry out these functions where —
a
the documents submitted to it in relation to the carrying out of any such function (other than the instructions for the machinery) are not in English or another language acceptable to the body;
b
the responsible person has not submitted with its application the amount of the fee which the body requires to be submitted with the application; or
c
the body reasonably believes that, having regard to the number of outstanding applications made to it in relation to its appointment under these Regulations, it will be unable to carry out the required work within 3 months of receiving the application.
3
If, having issued a certificate to a responsible person under Annex IX or an approval to a manufacturer under Annex X, a UK notified body finds —
a
that the manufacturer has, after the issue of that certificate or approval, failed to satisfy applicable requirements of these Regulations in respect of the machinery to which the certificate or approval relates (whether or not such failure is continuing); or
b
that the certificate or approval should not have been issued,
it shall proceed in accordance with paragraph (4).
4
Where paragraph (3) applies, the UK notified body concerned shall —
a
consider —
i
what corrective action, if any, the manufacturer should take in the light of its findings; and
ii
whether, and, if so, on what terms, the certificate or approval should be suspended, withdrawn, or made subject to restrictions;
b
send to the manufacturer a notice in writing, setting out the conclusions it has provisionally reached under paragraph (a), and the reasons for those conclusions, and invite the manufacturer to respond to them within such reasonable period of time as is specified in the notice;
c
make a decision on the matters specified in paragraph (a), including provision for the suspension or withdrawal of a certificate or approval, or making it subject to restrictions, if it considers the taking of any such action appropriate, having regard to —
i
the manufacturer’s response;
ii
the principle of proportionality; and
iii
paragraph (6); and
d
communicate the decision, with a detailed statement of the reasons for it, to the manufacturer.
5
Where a UK notified body, acting under paragraph (4) —
a
suspends or withdraws a certificate, or makes it subject to restrictions; or
b
considers that action by an enforcement authority may prove necessary in connection with the machinery which is the subject of its decision,
it shall communicate its decision under that paragraph to the enforcement authorities and the Secretary of State (if the Secretary of State is not an enforcement authority in relation to the machinery concerned).
6
In making a decision under paragraph (4), a UK notified body shall not suspend or withdraw a certificate or approval, or make it subject to restrictions, if the manufacturer has ensured compliance with the applicable requirements of these Regulations by means of appropriate corrective measures.
7
An appeal may be made in accordance with the provisions of Schedule 4 —
a
by a manufacturer who is aggrieved by a decision which a UK notified body has made under paragraph (4); or
b
by a responsible person who is aggrieved by a decision of a UK notified body —
i
not to issue a type-examination certification pursuant to Annex IX (Part 9 of Schedule 2), point 5; or
ii
in relation to a quality system which is notified to a responsible person pursuant to Annex X (Part 10 of Schedule 2), point 2.3.
Fees
19
1
A UK notified body may charge such fees in connection with, or incidental to, carrying out its functions under regulation 18 as it may determine; provided that such fees shall not exceed the sum of —
a
the costs incurred or to be incurred by the body in performing the relevant functions; plus
b
an amount on account of profit which is reasonable in the circumstances having regard to —
i
the character and extent of the work done or to be done by the body on behalf of the responsible person; and
ii
the commercial rate normally charged on account of profit for that work or similar work.
2
A UK notified body may require the payment of fees or a reasonable estimate of fees in advance of carrying out the work required by the responsible person.
PART 6
Enforcement
General duties and powers of enforcement authorities
20
Schedule 5, which makes provision about the general duties and powers of enforcement authorities, shall have effect.
Non-compliance with CE marking requirements
21
1
For the purposes of this regulation, a product is deficient as regards CE marking —
a
if it is not subject to the Directive, but the CE marking is affixed to it pursuant to the Directive; or
b
if it is machinery and —
i
the CE marking is not affixed to it;
ii
it is not accompanied by a copy of the EC declaration of conformity; or
iii
the CE marking is affixed to it but it does not conform to the relevant provisions of these Regulations; or
iv
a marking other than the CE marking, which is prohibited by regulation 15(2) or (3), is affixed to it.
2
Where an enforcement authority has reasonable grounds for suspecting that a product is deficient as regards CE marking, but does not have reasonable grounds for suspecting that it is not safe, the enforcement authority may take action under the following provisions as they are applied by Schedule 5 —
a
in the case of the Health and Safety Executive or the Office of Rail Regulation, section 20 of the 1974 Act;
b
in the case of the Health and Safety Executive for Northern Ireland, Article 22 of the 1978 Order; and
c
in the case of any other enforcement authority, section 29 of the 1987 Act,
but no other action may be taken pursuant to Schedule 5 and no proceedings may be brought pursuant to regulation 22 in respect of that product until the enforcement authority has served on the responsible person a notice in writing in accordance with paragraph (3) and the responsible person has failed to comply with its requirements.
3
Where an enforcement authority has reasonable grounds for considering that a product is deficient as regards CE marking, it may serve a notice on the responsible person which —
a
identifies the product concerned;
b
states that the enforcement authority considers that it is deficient as regards CE marking and the reasons why the authority considers that this is the case;
c
requires the responsible person to take (or refrain from taking) specified action within a specified period to bring the deficiency to an end; and
d
warns the responsible person that if the deficiency continues beyond the period specified in the notice, further action may be taken under these Regulations.
4
In any proceedings under regulation 22 in respect of a person’s alleged failure to comply with a notice under paragraph (3), an enforcement authority must show that the product concerned was deficient as regards CE marking at the time when the notice was served.
Offences and penalties
22
1
A person who contravenes or fails to comply with —
a
a requirement of regulations 7, 8, 9, 10, 11, 12 or 15; or
b
a requirement under regulation 21(3)(c) of a notice served under regulation 21(3);
is guilty of an offence.
2
Subject to paragraph (3), a person guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both; and
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
3
A person who is guilty of an offence as a result of having contravened or failed to comply with —
a
regulation 7(2)(b), (e) or (f);
b
regulation 8;
c
regulation 15; or
d
a requirement under regulation 21(3)(c) of a notice served under regulation 21(3);
shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Defence of due diligence
23
1
Subject to the following provisions of this regulation, in proceedings for an offence under these Regulations, a person who is shown to have taken all reasonable steps and exercised all due diligence to avoid committing the offence shall have a defence.
2
Where, in any proceedings against a person for such an offence, the defence provided by paragraph (1) involves an allegation that the commission of the offence was due to —
a
the act or default of another; or
b
reliance on information given by another,
such a defence shall not, without leave of the court, be relied on unless, not later than seven clear days before the hearing of the proceedings (or, in Scotland, the trial diet), that person has served a notice in accordance with paragraph (3) on the person bringing the proceedings.
3
A notice under this regulation shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time it is served.
4
A person shall not be entitled to rely on the defence provided by paragraph (1) by reason of that person’s reliance on information supplied by another, unless it is shown that it was reasonable in all the circumstances for that person to have relied on the information, having regard in particular to —
a
the steps which that person took and those which might reasonably have been taken, for the purpose of verifying the information; and
b
whether that person had any reason to disbelieve the information.
Liability of persons other than the principal offender
24
1
Where the commission by a person of an offence under these Regulations is due to anything which another person did or failed to do in the course of a business, that other person shall be guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against the first person
2
Where a body corporate commits an offence and it is proved that the offence was committed —
a
with the consent or connivance of an officer of the body corporate; or
b
as a result of the negligence of an officer of the body corporate,
the officer, as well as the body corporate, shall be guilty of the offence.
3
In paragraph (2), a reference to an officer of a body corporate includes a reference to —
a
a director, manager, secretary or other similar officer of the body corporate;
b
a person purporting to act as a director, manager, secretary or other similar officer; and
c
if the affairs of the body corporate are managed by its members, a member.
4
In this regulation, references to a “body corporate” include references to a partnership in Scotland, and in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
PART 7
Miscellaneous
Amendment of the Lifts Regulations 1997
25
The amendments to the Lifts Regulations 1997 specified in Schedule 6 shall have effect.
Other amendments
26
The amendments specified in Schedule 7 shall have effect.
Consequential disapplication of domestic health and safety law
27
1
Subject to paragraph (3), any requirement which —
a
is imposed by or under any of the enactments (relating to various aspects of the safety of machinery) specified in paragraph (2); and
b
but for this paragraph, would have to be satisfied by or in respect of machinery if it is to be lawfully placed on the market or put into service,
is disapplied.
2
The enactments specified in this paragraph are —
a
section 83 of the Mines and Quarries Act 1954 ;
b
section 85(1) of the Mines Act (Northern Ireland) 1969 ;
c
regulation 3(3) of the Coal and Other Mines (Locomotives) Regulations 1956 ;
d
regulation 52 of the Miscellaneous Mines (General) Regulations 1956 ;
e
regulation 11 of the Coal Mines (Firedamp Drainage) Regulations 1960 ;
f
in the Docks Regulations 1988 —
i
regulation 13(1)(a), (b), and (c);
ii
the words “or assembled” in regulation 13(1)(d); and
iii
regulations 13(2)(b), (c) and (d);
g
in the Docks Regulations (Northern Ireland) 1989 —
i
regulation 13(1)(a), (b), and (c);
ii
the words “or assembled” in regulation 13(1)(d); and
iii
regulations 13(2)(b), (c) and (d);
h
regulation 26 of the Electricity at Work Regulations 1989 ;
i
regulation 26 of the Electricity at Work Regulations (Northern Ireland) 1991 ; and
j
regulations 4 to 8 of the Boulby Mine (Storage and Battery Locomotives) Special Regulations 1972 .
3
This regulation does not affect the application of the enactments listed in paragraph (2) to machinery after it has been placed on the market or put into service.
Time-limited derogation for impact machinery
28
These Regulations shall not have effect in relation to —
a
portable cartridge-operated fixing machinery; or
b
other impact machinery,
before 29 June 2011, but shall have effect in relation to such machinery from that date.
Gareth Thomas
Parliamentary Under Secretary of State for Trade and Consumer Affairs,
Department for Business, Enterprise and Regulatory Reform
19th June 2008


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the All Saints CofE School (Designation as having a Religious Character) Order 2008.
Designation of School
2
1
The All Saints CofE School, Blair Avenue, Ingleby Barwick, Stockton-on-Tees, Cleveland, TS17 5BL, a voluntary aided 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.
J D Loosley
A Deputy Director in the
Department for Children, Schools and Families
30th July 2008


text:
Citation and commencement
1
These Regulations may be cited as the Regulated Covered Bonds (Amendment) Regulations 2008 and come into force on 22nd July 2008.
Amendment of the Regulated Covered Bonds Regulations 2008
2
1
The Regulated Covered Bonds Regulations 2008 are amended as follows.
2
In regulation 1(2) (interpretation) —
a
after the definition of “banking consolidation directive” insert —
“building society” means a building society incorporated (or deemed to be incorporated) under the Building Societies Act 1986 ;
;
b
for the definition of “registered office” substitute —
“registered office” in relation to a building society means its principal office;
.
3
For regulation 21(3) (prohibition) substitute —
3
In paragraph (1) —
“company” has the meaning given by section 735 of the Companies Act 1985 (“company” etc ) and article 3 of the Companies (Northern Ireland) Order 1986 (“company” etc) until the coming into force of section 1 of the 2006 Act (companies) when it will have the meaning given by that section;
“limited liability partnership” has the meaning given —
in relation to Great Britain, by section 1 of the Limited Liability Partnerships Act 2000 (limited liability partnerships); and
in relation to Northern Ireland, by section 1 of the Limited Liability Partnerships Act (Northern Ireland) 2002 (limited liability partnerships) until the coming into force of section 1286 of the 2006 Act (extension of GB enactments relating to certain other forms of business organisation), when it will have the meaning given by section 1 of the Limited Liability Partnerships Act 2000.
.
4
For regulation 22 (sums derived from the issue of regulated covered bonds) substitute —
22
The owner of the relevant asset pool must, so far as necessary for the purpose of complying with arrangements made pursuant to regulation 23 or 24(1)(a), use the sums lent to it by the issuer of a regulated covered bond to acquire eligible property.
.
5
At the end of regulation 28(2) (realisation of a charge) insert —
3
For the purposes of paragraphs (1) and (2) the claims of the persons mentioned in regulation 27(2)(b), (c) and (d) may rank equally with, but not in priority to, the claims of the persons mentioned in regulation 27(2)(a).
.
6
For regulation 29 (expenses) substitute —
29
1
Disbursements made by a liquidator, provisional liquidator, administrator, administrative receiver, receiver or manager of the owner in respect of costs which–
a
are incurred after the commencement of any winding up, administration, administrative receivership or receivership; and
b
relate to any of the persons mentioned in paragraph (2);
shall be expenses of the winding up, administration, administrative receivership or receivership, as the case may be, and shall rank equally among themselves in priority to all other expenses.
2
The persons referred to in paragraph (1)(b) are–
a
persons providing services for the benefit of regulated covered bond holders;
b
the counter-parties to hedging instruments which are incidental to the maintenance and administration of the asset pool or to the terms of the regulated covered bonds; and
c
persons (other than the issuer) providing a loan to the owner to enable it to meet the claims of regulated covered bond holders or pay costs which relate to persons falling within sub-paragraph (a) or (b).
.
7
In Part 2 of the Schedule (modifications to secondary legislation) —
a
For paragraph 8 (modification to the Insolvency (Scotland) Rules 1986) substitute —
8
Rules 2.39B (expenses of the administration) and 4.67 (order of priority of expenses of liquidation) of the Insolvency (Scotland) Rules 1986 shall apply to an owner subject to the provisions of regulation 29.
;
b
in paragraph 9(1) after “(payment of debts out of assets subject to floating charge)” insert “and article 53 (power to dispose of charged property)”;
c
for paragraph 9(2) substitute —
2
Article 93 of and paragraphs 66(1) and 67 of Schedule B1 to the 1989 Order (distribution of company’s property) shall apply only after payment has been made of the claims of relevant persons.
3
Article 134 of the 1989 Order (payment of expenses) shall apply only after payment has been made of the expenses referred to in regulation 29.
4
Articles 149 (preferential debts (general provision)) and 150A (share of assets for unsecured creditors) of the 1989 Order shall not apply to an owner.
.
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
30th June 2008


text:
Citation and commencement
1
This Order may be cited as the Cash Ratio Deposits (Value Bands and Ratios) Order 2008 and comes into force on 2nd June 2008.
Revocation
2
The Cash Ratio Deposits (Value Bands and Ratio) Order 2004 is revoked.
Value bands and ratios
3
For the purposes of paragraph 4 of Schedule 2 to the Bank of England Act 1998 (cash ratio deposits), the value bands and the ratios applicable to them, expressed as a percentage, are as follows:
Value band Ratio £0-£500 million 0% Over £500 million 0.11%
Frank Roy
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd May 2008


text:
Citation and Commencement
1
These Regulations may be cited as the Taxes (Fees for Payment by Internet) Regulations 2008 and shall come into force on 9th December 2008.
Fee payable for internet payments by credit card
2
1
Since the Commissioners expect that they will be required to pay a fee in connection with amounts paid by using a credit card, a person who —
a
makes a payment to the Commissioners or a person authorised by the Commissioners, and
b
gives internet authorisation to make the payment by credit card,
must also pay a fee of 1.25% of the payment.
2
The fee must be paid by being added to the payment (so that, accordingly, the person must make a single overall payment, consisting of the payment and the fee).
3
In these Regulations “credit card” means a card which —
a
is a credit-token falling within section 14(1)(b) of the Consumer Credit Act 1974 , or
b
would be a credit-token falling within that enactment were that card to be given to an individual.
Mike Eland
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
17th November 2008


text:
Citation and commencement
1
These Regulations may be cited as the Armed Forces (Service Inquiries) Regulations 2008 and shall come into force on 1st October 2008.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Armed Forces Act 2006;
“convening authority” means a person appointed in accordance with regulation 3 as convening authority in relation to a matter or a category of matters;
“convening order” means an order given by the convening authority to convene a service inquiry panel;
“Crown servant” means a person employed by or in the service of the Government of the United Kingdom;
“document” includes information recorded in any form, and see paragraph (2);
“legal representative” means a person who —
has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 ;
is an advocate or solicitor in Scotland;
is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland; or
has in any of the Channel Islands, the Isle of Man, a Commonwealth country or a British overseas territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules;
“live television link” means arrangement by which a person (when not in the place where the proceedings of a service inquiry panel are being conducted) is able to see and hear, and to be seen and be heard by, the panel (and for this purpose any impairment of eyesight or hearing is to be disregarded;
“president” means, in relation to a service inquiry panel, the president of the panel;
“senior non-commissioned officer” means a non-commissioned officer who is of or above the rate or rank of petty officer, sergeant or equivalent rank;
“service court” means, subject to regulation 20 and paragraph 4 of Schedule 3, any of the Summary Appeal Court, the Court Martial, the Service Civilian Court and the Court Martial Appeal Court;
“service inquiry” means an inquiry referred to in section 343 of the Act;
“service inquiry panel” has the same meaning as in section 343 of the Act, and “panel” shall be construed accordingly;
“summary hearing” means, subject to regulation 20 and paragraph 5 of Schedule 3, a summary hearing under section 131 of the Act;
“terms of reference” means, in relation to a service inquiry, its terms of reference, as provided for it under regulation 7(2) or as subsequently amended under regulation 7(3); and
“witness notice” means a witness notice issued under regulation 13(1).
2
References in these Regulations to producing or providing a document, in relation to information recorded otherwise than in legible form, are to be read as producing or providing a copy of the information in a legible form.
The convening authority
3
1
Subject to paragraph (2), the convening authority in relation to any matter connected with any of Her Majesty’s forces, or any category of such matters stated in the terms of his appointment, shall be the person appointed as such by the Defence Council or by an officer authorised by the Defence Council.
2
A convening authority must be an officer of or above the rank of naval captain, colonel or group captain subject to service law.
Matters for reference to a service inquiry panel
4
1
In the event of the death on or after 1st October 2008 of a person while subject to service law —
a
a convening authority must have been appointed, or as soon as reasonably practicable be appointed, in relation to that event or to a category of matters which includes that event; and
b
the convening authority must cause a service inquiry to be held, if he considers that anything of consequence to any of the regular or reserve forces which is not in his opinion apparent from the death may be learned by any of those forces by means of such an inquiry.
2
Paragraph (1) shall not apply if a service, UK , British overseas territory or overseas police force is conducting, has conducted, or informs the convening authority that it will conduct, an investigation into the events which caused the death.
3
Subject to paragraph (1)(b), where a convening authority is appointed in relation to a matter or a category of matters, he may cause a service inquiry to be held in relation to that matter or into any matter within that category.
4
Notwithstanding anything in paragraphs (1) to (3), the Defence Council may cause a service inquiry to be held in relation to any matter connected with any of Her Majesty’s forces, and for that purpose may carry out, or appoint a person to carry out, any of a convening authority’s functions under these Regulations.
Convening of a service inquiry panel
5
In order to cause a service inquiry to be held in relation to any matter, the convening authority shall convene a service inquiry panel by order specifying —
a
that a service inquiry is to be held;
b
the president and the other members of the panel; and
c
the date on which, and the time and place at which, the panel shall first assemble.
Composition of a service inquiry panel
6
1
Subject to the following paragraphs of this Regulation, a service inquiry panel must consist of a president and at least two other members.
2
If in the opinion of the convening authority the president is unable to continue as president the convening authority must as soon as practicable appoint an existing member or a new member to replace him as president.
3
Subject to paragraphs (4), if in the opinion of the convening authority any other member is unable to continue as a member, the convening authority may appoint a replacement.
4
If the membership of a service inquiry panel falls below the requirements of paragraph (1), the convening authority must as soon as practicable appoint one or more new members as necessary to meet those requirements.
5
Subject to paragraph (6), a member of a service inquiry panel must be —
a
an officer, warrant officer or senior non-commissioned officer of any of Her Majesty’s forces; or
b
a Crown servant.
6
A person who is a member of an armed force other than any of Her Majesty’s forces may be appointed a member of a service inquiry panel, if —
a
he is of a rank equivalent to that of a senior non-commissioned officer or above; and
b
in the opinion of the convening authority the terms of reference under regulation 7 will require the service inquiry panel to investigate a mater which is likely to be connected with that force as well as with any of Her Majesty’s forces.
7
The president must be an officer —
a
subject to service law; and
b
of or above the rank of lieutenant commander, major or squadron leader.
8
Notwithstanding paragraph (1), but subject to any provision of these Regulations expressly requiring any action to be taken by all the members of a service inquiry panel, any function under these Regulations of a service inquiry panel may be performed by such one or more of the members of the panel as the president may decide.
Functions of a service inquiry panel
7
1
Subject to regulation 19, the functions of a service inquiry panel shall be to investigate and report on the facts relating to the matters specified in its terms of reference provided under paragraph (2) and otherwise to comply with those terms of reference.
2
The convening authority must provide the panel with terms of reference on or before the date on which the panel is required to assemble.
3
The convening authority may, by notice in writing to the president amend the terms of reference at any time until it has taken action under regulation 19(4)(a).
4
The terms of reference of a service inquiry panel must specify —
a
the matters, the facts relating to which the panel is to investigate and report upon; and
b
any matter about which the panel is required to make recommendations or on which it is required to express an opinion;
and may include such other terms as the convening authority considers appropriate.
Power to defer or suspend service inquiry
8
1
The convening authority in relation to a matter may at any time defer the convening of a service inquiry panel, or, at any time after making a convening order, issue a suspension notice to the president to suspend the proceedings of the panel. A deferment or suspension must only be for such period as the convening authority considers necessary to allow for —
a
the carrying out of any other investigation, whether in the United Kingdom or abroad, relating to any of the matters to which the service inquiry relates or would relate, or
b
the determination of any —
i
civil proceedings whether in the United Kingdom or abroad;
ii
proceedings for any criminal offence in any court whether in the United Kingdom or abroad;
iii
proceedings in a service court; or
iv
a summary hearing.
2
The power conferred by paragraph (1) may be exercised whether or not the investigation or proceedings have begun.
3
A suspension notice under paragraph (1) may suspend the proceedings of the service inquiry panel until a specified day, until the happening of a specified event or until the giving by the convening authority of a further notice to the president to end the suspension.
4
A suspension notice under paragraph (1) must state the convening authority’s reasons for suspending the proceedings of the service inquiry panel.
Termination of a service inquiry
9
1
The convening authority in relation to a service inquiry may at any time issue a notice to the president terminating the inquiry from such date as is specified in the notice. The date specified may be the date of issue of the notice or any later date.
2
For the purposes of these Regulations a service inquiry comes to an end on —
a
the date on which, in accordance with regulation 19, the convening authority declares a provisional report to be the final report; or
b
any earlier date specified in a notice under paragraph (1) terminating the service inquiry.
3
A notice given under paragraph (1) must state the convening authority’s reasons for terminating the service inquiry.
4
The termination of a service inquiry by a notice under paragraph (1) shall be —
a
subject to a duty to complete a service inquiry where there is a duty to hold a service inquiry under regulation 4(1); and
b
without prejudice to the power of the convening authority under regulation 4(3) and the power of the Defence Council under regulation 4(4) to cause a further service inquiry to be held in relation to the same matter.
Procedure and record of proceedings
10
1
Subject to any other provision of these Regulations, the procedure of the panel is to be such as the president may direct.
2
The panel shall sit on such occasions and in such places as the president may direct.
3
The president may adjourn the proceedings of the panel.
4
The president must ensure that a record of the proceedings of the panel is made.
5
The president must ensure that the convening order and the terms of reference are entered in the record of the proceedings on the date the panel first assembles.
6
The record of the proceedings under paragraph (4) shall also include —
a
a transcript of any oral evidence given to the panel;
b
a copy of any written evidence given to the panel; and
c
a copy of any other document which the president decides should form part of the record.
Evidence and witnesses
11
1
The president shall decide —
a
subject to paragraph (9), the persons from whom written or oral evidence is to be requested; and
b
whether a person is to be requested to produce any document or other thing,
and the president may so decide at any time before or during the proceedings of the service inquiry panel.
2
Where the president makes a decision under paragraph (1) that a person be requested to provide written evidence or to produce any document or other thing, the panel must send a written request to the person —
a
to provide written evidence; or
b
to produce the document or other thing.
3
The president may allow a witness to give evidence through a live television link or by other means.
4
Any document or other thing produced to the panel by a witness for use as evidence shall be made an exhibit.
5
Each exhibit must be attached to or kept with the record of the proceedings unless the president decides that it is not practicable or convenient to do so.
6
If in accordance with paragraph (5) an exhibit is not attached to or kept with the record of the proceedings, the president shall ensure that such steps as he considers appropriate are taken for its safekeeping until the service inquiry has come to an end in accordance with regulation 9.
7
Subject to paragraphs (8) and (9), every witness who gives oral evidence may be required by the president to do so on oath.
8
Where the president would, apart from this paragraph, require a witness to give oral evidence on oath and —
a
the witness objects to taking an oath; or
b
it is not reasonably practicable without inconvenience to, or without delaying the proceedings of, the panel to administer an oath to a witness in the manner appropriate to his religious belief,
he must be required to make a solemn affirmation instead of taking an oath.
9
A witness under the age of fourteen who does not in the opinion of the president understand the nature of an oath or solemn affirmation —
a
may give evidence to the panel, if in the opinion of the president he understands that he should tell the truth when giving evidence to them; and
b
must not give evidence to the panel on oath or having solemnly affirmed.
10
An oath must be administered, or a solemn affirmation made, before the panel and in the form and manner set out in Schedule 1.
Restrictions on admissibility of evidence
12
1
Subject to paragraph (2), evidence given by a person to a service inquiry panel shall not be admissible against a person at a summary hearing or in proceedings before a civilian court or a service court.
2
Evidence given before a service inquiry panel may be admissible in proceedings referred to in paragraph (1) for —
a
an offence against section 42 of the Act where the corresponding offence under the law of England and Wales is an offence mentioned in sub-paragraph (b);
b
an offence under section 2 or 5 of the Perjury Act 1911 .
Issue of witness notice on application to a judge advocate
13
1
Subject to paragraph (5), a judge advocate may issue a witness notice if he is satisfied that a person —
a
is likely to be able to give or provide material evidence, or to produce or provide any document or other thing likely to be material evidence, for the purpose of a service inquiry,
b
will not voluntarily attend the proceedings of the service inquiry panel or voluntarily produce or provide that document or other thing, and
c
is a civilian subject to service discipline, or a person in the United Kingdom, the Isle of Man or a British overseas territory.
2
A witness notice must require the person referred to in paragraph (1) to —
a
attend the proceedings of the panel at a time and place stated in the witness notice, and give the evidence, or produce the document or other thing, or
b
provide the document or other thing to the panel within a specified period.
3
A witness notice may only be issued on an application by the president in accordance with paragraph 1 of Schedule 2, and paragraph 2 of that Schedule shall apply to the consideration of such an application.
4
The judge advocate who decides whether to issue a witness notice may refuse to issue the witness notice if any requirement of paragraph 1 of Schedule 2 relating to the application is not met.
5
A person may not be required to produce or provide any evidence or document if he could not be required to do so if the proceedings of the service inquiry were civil proceedings in a court in England and Wales.
Service of witness notice
14
Where a judge advocate issues a witness notice, the court administration officer shall serve it on the person to whom it is addressed by —
a
delivering it to him;
b
leaving it at his usual or last known place of residence;
c
sending it by post to that address; or
d
transmitting it to him by fax or other electronic means, but only if he has agreed to accept service by that method.
Application to vary or revoke witness notice
15
1
If a witness notice has been issued, and the person to whom it is addressed applies in accordance with paragraph 3 of Schedule 2 and satisfies a judge advocate that —
a
he is unable to comply with the witness notice; or
b
it is not reasonable in all the circumstances to require him to comply with it,
the judge advocate must vary or revoke the witness notice.
2
Where the judge advocate varies or revokes a witness notice, the judge advocate may order that the person to whom the witness notice was addressed shall be paid by the relevant authority the whole or a specified part of his costs of the application under paragraph (1).
3
In paragraph (2) the “relevant authority” means the convening authority or (where the Defence Council has caused an inquiry to be held under regulation 4(4) the Defence Council or a person appointed by the Defence Council to carry out any function of a convening authority.
Offences
16
1
A person is guilty of an offence if he fails without reasonable excuse to do anything that he is required to do by a witness notice served upon him in accordance with regulation 14.
2
A person is guilty of an offence if, during a service inquiry, he does anything that is intended to have the effect of —
a
distorting or otherwise altering any evidence, document or other thing that is given, produced or provided to a service inquiry panel, or
b
preventing any evidence, document or other thing from being given, produced or provided to a service inquiry panel,
or does anything that he knows or believes is likely to have such effect.
3
A person is guilty of an offence if, during a service inquiry —
a
he intentionally suppresses or conceals a document that is, and that he knows or believes to be, a relevant document, or
b
he intentionally alters or destroys any such document.
4
For the purposes of paragraph (3) a document is a “relevant document” if it is likely that the service inquiry panel would (if aware of its existence) wish to be provided with it.
5
A person does not commit an offence under paragraph (2) or (3) by doing anything that he is authorised to do by the president or by virtue of regulation 13(5).
6
An offence under any of paragraphs (1) to (3) is triable summarily by a civilian court in the United Kingdom, the Isle of Man or in a British overseas territory, and shall be punishable by a fine not exceeding level 3 on the standard scale.
Persons who may be permitted to attend
17
1
Subject to regulation 18, the president must obtain the consent of the convening authority before permitting a person to be present at the proceedings of the panel, other than as a witness.
2
Where the president permits a person to be present at the proceedings of the panel, that permission shall —
a
apply only to such part, or the whole, of those proceedings as the convening authority has agreed before the permission is given; and
b
be subject to such conditions as the convening authority may reasonably impose when he gives his consent under paragraph (1).
Persons entitled to attend
18
1
Subject to paragraph (2), a potentially affected person shall be entitled to be present at the proceedings of a service inquiry panel.
2
A potentially affected person’s entitlement under paragraph (1) shall be subject to such conditions and exclusions as the president, after consulting the convening authority, may reasonably impose from time to time. Such exclusions may —
a
include an exclusion from being present at such part of the proceedings of the panel as the president may specify; and
b
be imposed before or at any time during the proceedings of the panel.
3
Where under paragraph (1) a potentially affected person is entitled to be present at any part of the proceedings of the panel —
a
he may be represented at that part by a legal representative or, with the consent of the president, he may be represented by a person other than a legal representative;
b
he may give evidence, question witnesses or produce any witness to give evidence, in each case as to any other matter as to which, in the opinion of the president, the potentially affected person may be affected in relation to his character or professional reputation by the findings of the panel;
c
where he is represented, his representative may question witnesses and may, with the permission of the president, address the panel; and
d
the president shall provide him with a copy of any part of the record of the proceedings of the panel, if the president considers it appropriate to do so.
4
In this regulation “potentially affected person” means a person who in the opinion of the president may be affected in relation to his character or professional reputation by the findings of the panel.
Submission of reports
19
1
When the president considers that the panel has fulfilled the terms of reference, he shall ensure that a provisional report is prepared, that the report is signed by all the members of the panel and that the report is provided, as soon as practicable, to the convening authority.
2
The provisional report may also contain anything that the president considers to be relevant to the terms of reference, including any recommendations or the expression of any opinion which the president considers it appropriate to make whether or not required to do so by the terms of reference.
3
The president shall ensure that the provisional report reflects any points of disagreement between the members of the panel.
4
After considering the provisional report, the convening authority may —
a
declare the provisional report as the final report; or
b
require the panel (whether by amending the terms of reference or otherwise) to undertake such further work as he considers appropriate, having regard to the matters which the panel was to investigate under the terms of reference.
5
If the convening authority requires the panel to undertake further work in accordance with paragraph (4), the panel shall, on completing that work, submit a revised provisional report. Paragraphs (1) to (4) shall then apply to that provisional report.
Transitory provisions
20
Schedule 3 shall have effect for the purposes of these Regulations.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
25th June 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nursing and Midwifery (Amendment) Order 2008.
2
The following provisions shall come into force on the day after the day on which this Order is made —
a
this article and articles 3 to 5; and
b
in Schedule 1, paragraphs 1(a), 2, 3, 6(a), 7, 9, 10(1) in so far as it relates to paragraph 10(4)(b) and (c), 10(4)(b) and (c) and 12, and article 2(1) in so far as it relates to those paragraphs.
3
Except as provided for by paragraph (2), the provisions of this Order which confer, amend or substitute powers enabling rules or orders to be made shall come into force on the making of this Order, but for the purpose only of the exercise of those powers.
4
The following provisions shall come into force on the coming into force of section 44(1) of the Safeguarding Vulnerable Groups Act 2006 (registers: power to apply for vetting information) —
a
paragraph 4 of Schedule 1, and article 2(1) in so far as it relates to that paragraph; and
b
paragraph 1 of Schedule 2, and article 2(2) in so far as it relates to that paragraph.
5
Except as provided for by paragraphs (2) to (4), the provisions of this Order shall come into force on such day as the Secretary of State may specify in writing.
6
Different days may be specified under paragraph (5) for different purposes.
7
The Secretary of State shall notify any day specified and, if different purposes are specified, the purposes for which it is specified, in the London, Edinburgh and Belfast Gazettes at least one week before that day.
8
In this Order, “the principal Order ” means the Nursing and Midwifery Order 2001 .
Amendment and revocation of nursing and midwifery legislation
2
1
The amendments to the principal Order set out in Schedule 1 shall have effect.
2
The amendment to and revocations of subordinate legislation under the principal Order set out in Schedule 2 shall have effect.
Cancellation of elections
3
Elections shall not be held in respect of the vacancies which, but for the amendments to the principal Order set out in paragraph 12(1)(c) of Schedule 1, would have arisen in respect of the registrant and alternate members who were due to vacate office at the end of 31st July 2008 and 31st July 2009.
Transitional, transitory or saving provisions orders
4
1
In connection with the commencement of any provision of this Order, the Privy Council may by order make such transitional, transitory or saving provisions as it considers appropriate.
2
The power to make an order under paragraph (1) may be exercised —
a
so as to make different provision —
i
with respect to different cases or different classes of cases, or
ii
in respect of the same case or class of case for different purposes;
b
in relation to all cases to which the power extends or in relation to all those cases subject to specified exceptions; or
c
so as to make any supplementary, incidental or consequential provisions which the Privy Council considers necessary or expedient.
3
The power to make an order under paragraph (1) shall be exercisable by statutory instrument.
4
For the purposes of section 1 of the Statutory Instruments Act 1946 (definition of “Statutory Instrument”), paragraph (3) shall have effect as if contained in an Act of Parliament.
Privy Council procedures etc.
5
1
The power of the Privy Council to make an order under article 4(1) may be exercised by any two or more members of the Privy Council.
2
The making of an order under article 4(1) shall be sufficiently signified by an instrument signed by the Clerk of the Privy Council.
3
Where an order of the Privy Council under this Order is signified by an instrument purporting to be signed by the Clerk of the Privy Council, that shall be evidence, and in Scotland sufficient evidence, of —
a
the fact that the order was duly made; and
b
the order’s terms.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Housing Renewal Grants (Amendment) (England) Regulations 2008 and shall come into force on 22 nd May 2008.
2
These Regulations apply to applications for grants which fall to be approved on or after 22 nd May 2008 by local housing authorities in England.
Interpretation
2
In these Regulations —
“the 1996 Act ” means the Housing Grants, Construction and Regeneration Act 1996; and
“the 1996 Regulations ” means the Housing Renewal Grants Regulations 1996 .
Amendment of the 1996 Regulations
3
The 1996 Regulations are amended in accordance with regulation 4.
4
1
For regulation 5 (definition of relevant person) substitute —
Definition of relevant person
5
1
Subject to paragraph (2), in respect of any application for a grant a relevant person is any person who —
a
is the disabled occupant or one of the disabled occupants of the dwelling; or
b
is the partner, or a partner, of the disabled occupant or one of the disabled occupants of the dwelling,
and is not a young person or child or the partner of a young person.
2
Where —
a
both members of a couple or
b
two or more members of a polygamous marriage
fall within the definition of a relevant person in paragraph (1), only one member of that couple or marriage will be the relevant person in respect of that application.
.
2
For regulation 10 (the applicable amount) substitute —
10
1
The applicable amount in respect of any one application shall be —
a
the aggregate of the total of the weekly applicable amounts of all those persons who are relevant persons in the case of that application; and
b
£61.30.
2
For the purposes of paragraph (1), the weekly applicable amount as regards any of the persons listed in paragraph (3) is £1.
3
The persons mentioned in paragraph (2) are —
a
a relevant person who is in receipt of, and entitled to be in receipt of —
i
income support;
ii
income-based job-seeker’s allowance;
iii
housing benefit; or
iv
council tax benefit;
b
a relevant person who —
i
is in receipt of guarantee credit; or
ii
is a member of a couple, and the other member is in receipt of guarantee credit; or
c
a relevant person —
i
who is in receipt of working tax credit or child tax credit; and
ii
whose annual income for the purposes of assessing his entitlement to working tax credit or child tax credit has been calculated as being less than £15,050.
3
As regards any other relevant person the weekly applicable amount is the amount determined in his case in accordance with regulation 14 (applicable amounts).
.
3
In regulation 12 (reduction in amount of grant) —
a
in paragraph (1)(a), for “19.37” substitute “18.85”;
b
in paragraph (1)(b), for “38.73” substitute “37.69”;
c
in paragraph (1)(c), for “154.93” substitute “150.77”;
d
in paragraph (1)(d), for “387.33” substitute “376.93”;
e
in paragraph (2)(a), for “11.21” substitute “11.04”;
f
in paragraph (2)(b), for “22.41” substitute “22.09”;
g
in paragraph (2)(c), for “89.66” substitute “88.34”;
h
in paragraph (2)(d), for “224.15” substitute “220.86”.
4
In regulation 31 (notional income), after paragraph (2) insert —
2A
For the purposes of paragraphs (1) and (2), a person is not to be regarded as depriving himself of income where —
a
his rights to benefits under a registered pension scheme are extinguished and in consequence of this he receives a payment from the scheme, and
b
that payment is a trivial commutation lump sum within the meaning given by paragraph 7 of Schedule 29 to the Finance Act 2004 .
2B
in paragraph (2A) “registered pension scheme” has the meaning given in section 150(2) of the Finance Act 2004.
.
5
Schedule 1 (applicable amounts) is amended as follows —
a
in paragraph 1 in the column headed “(2) Amount ” —
i
in sub-paragraph (1)(a), for “£44.50” substitute “£47.95”;
ii
in sub-paragraph (1)(b), for “£56.20” substitute “£60.50”;
iii
in sub-paragraph (2)(a) for “£44.50” substitute “£47.95”;
iv
in sub-paragraph (2)(b), for “£56.20” substitute “£60.50”;
v
in sub-paragraph (3)(a), for “£67.15” substitute “£72.35”; and
vi
in sub-paragraph (3)(b), for “£88.15” substitute “£94.95”;
b
in paragraph 2, in the column headed “(2) Amount ”, in sub-paragraphs (a) and (b) for “£43.88” substitute “£52.59”;
c
in paragraph 3 —
i
in sub-paragraph (1), for “£16.10” substitute “£16.75”; and
ii
in sub-paragraph (3) for “£10.45” substitute “£10.50”;
d
in paragraph 13A —
i
in sub-paragraph (1), omit the words “Subject to sub-paragraph (2)”; and
ii
omit sub-paragraph (2);
e
in paragraph 14(1)(a), omit the words “except as provided in regulation 32(5) (modifications in respect of children and young persons)”;
f
in paragraph 18, in the column headed “ Amount ” —
i
in each of sub-paragraphs (1)(a), (2)(a) and (3)(a), for “£53.25” substitute “£63.55”;
ii
in each of sub-paragraphs (1)(b), (2)(b) and 3(b), for “£78.90” substitute “£94.40”;
iii
in sub-paragraph (3A), for “£25.85” substitute “£26.80 ” ;
iv
in sub-paragraph (4)(a), for “£23.95” substitute “£25.85”;
v
in sub-paragraph (4)(b), for “£34.20” substitute “£36.85”;
vi
in sub-paragraph (5)(a), for “£45.50” substitute “£50.35”;
vii
in sub-paragraph (5)(b)(i), for “£45.50” substitute “£50.35”;
viii
in sub-paragraph (5)(b)(ii), for “£91.00 substitute “£100.70”;
ix
in sub-paragraph (6), for “£43.89” substitute “£48.72”;
x
in sub-paragraph (7) for “£25.80” substitute “£27.75”;
xi
in sub-paragraph (8)(a) for “£17.71” substitute “£19.60”;
xii
in sub-paragraph (8)(b), for “£11.70” substitute “£12.60”; and
xiii
in sub-paragraph (8)(c), for “£16.90” substitute “£18.15”.
6
Schedule 2 is amended as follows —
a
in paragraph 18, in sub-paragraphs (1) and (3)(c), for “£14.50” substitute “£14.90”;
b
in paragraph 12, in sub-paragraph (a), omit “or” in the first place where it occurs, and after the words “guarantee credit” insert “, housing benefit or council tax benefit”; and
c
after paragraph 12 insert —
12A
Where a relevant person is in receipt of —
a
working tax credit or child tax credit; and
b
whose annual income for the purposes of assessing his entitlement to working tax credit or child tax credit has been calculated as being less than £15,050,
his earnings.
.
7
Schedule 3 is amended as follows —
a
in paragraph 4, in sub-paragraph (a), omit “or” in the first place where it occurs, and after the words “guarantee credit” insert “, housing benefit or council tax benefit”;
b
after paragraph 4 insert —
4A
Where a relevant person is in receipt of —
a
working tax credit or child tax credit; and
b
whose annual income for the purposes of assessing his entitlement to working tax credit or child tax credit has been calculated as being less than £15,050,
the whole of his income.
; and
c
in paragraph 13 after sub-paragraph (f) insert —
g
a guaranteed income payment made under article 14(1)(b) or article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005
.
8
Schedule 4 is amended as follows —
a
In paragraph 6, in sub-paragraph (a), after the words “guarantee credit” omit “or” in the first place where it occurs, and insert “, housing benefit or council tax benefit”;
b
After paragraph 6 insert —
6A
Where a relevant person is in receipt of —
a
working tax credit or child tax credit; and
b
whose annual income for the purposes of assessing his entitlement to working tax credit or child tax credit has been calculated as being less than £15,050,
the whole of his capital.
.
Amendment of the 1996 Regulations as modified in relation to certain persons
5
1
Schedule 1A to the 1996 Regulations is amended in accordance with this regulation.
2
In Schedule 1A —
a
in paragraph 1 in the column headed “(2) Amount” —
i
in sub-paragraph (1)(a), for “£109.45” substitute “£124.05”;
ii
in sub-paragraph (1)(b), for “£125.90” substitute “£143.80”;
iii
in sub-paragraph (2)(a), for “£167.05” substitute “£189.35”;
iv
in sub-paragraph (2)(b), for “£188.60” substitute”£215.50”;
v
in sub-paragraph (3)(a), for “£167.05” substitute “£189.35”;
vi
in sub-paragraph (3)(b), for “£57.60” substitute “£65.30”;
vii
in sub-paragraph (4)(a), for “£188.60” substitute “£215.50”; and
viii
in sub-paragraph (4)(b), for “£62.70” substitute “£71.70”;
b
in paragraph 2, in the column headed “(2) Amount” , in sub-paragraphs (a) and (b) for “£43.88” substitute “£52.59”;
c
in paragraph 3 —
i
in sub-paragraph (1), for “£16.10” substitute “£16.75”; and
ii
after sub-paragraph (2) insert —
3
Where the relevant person was a lone parent throughout the period beginning on 5 th April 1998 and ending on the date on which the application is made, and no premium is applicable under paragraph 8, 9, 10 or 11, the amount for those purposes shall be £22.30.
;
d
omit paragraph 5;
e
for paragraph 6 substitute —
6
Where a relevant person satisfies a condition in respect of more than one premium in this Part, the premiums shall be aggregated.
;
f
in paragraph 13, in the column headed “ Amount ” —
i
in sub-paragraphs (1)(a) and (1)(b)(i), for “£45.50” substitute “£50.35”;
ii
in sub-paragraph (1)(b)(ii), for “£91.00” substitute “£100.70”;
iii
in sub-paragraph (2), for “£17.71” substitute “£19.60”;
iv
in sub-paragraph (3), for “£43.89” substitute “£48.72”; and
v
in sub-paragraph (4), for “£25.80” substitute “£27.75”.
Signed by authority of the Secretary of State for the Department for Communities and Local Government
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
28th April 2008