text:
PART 1
Introduction
Citation, application and commencement
1
1
These Regulations may be cited as the Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006.
2
They apply only in England and come into force on 23rd February 2006.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Animal Health Act 1981 ;
“animal product” means anything originating or made (whether in whole or in part) from an animal or from a carcase;
“border inspection post” means a place specified as a border inspection post in Schedule 2 to the Animals and Animal Products (Import and Export) (England) Regulations 2005 ;
“bovine animal” includes buffalo and bison;
“carcase” means the carcase of an animal and includes part of a carcase, and the meat, bones, hide, skin, hooves, offal or other part of an animal, separately or otherwise, or any portion thereof;
“disease” means foot-and-mouth disease;
“Divisional Veterinary Manager” means the Divisional Veterinary Manager of the State Veterinary Service for the area in which premises are located;
“fresh meat” means meat (including offal) that has not undergone any preserving process other than chilling, freezing or quick-freezing, including meat that is vacuum wrapped or wrapped in a controlled atmosphere;
“health marked” means bearing the health mark required by article 5(2) of Regulation ( EC ) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption and the expression “health mark” shall be construed accordingly;
“identification marked” means bearing the identification mark required by article 5(1) of Regulation (EC) No. 853/2004 of the European Parliament and the Council laying down specific hygiene rules for food of animal origin and the expression “identification mark” shall be construed accordingly;
“incubation period” means —
for cattle, pigs and other bovine animals and swine, 14 days, and
for other susceptible animals, 21 days;
“infected premises” means any premises declared to be infected premises under article 12(12) of the Order ;
“keeper” means any person responsible for animals, whether on a permanent or temporary basis, but does not include a person who is responsible for animals solely because he is transporting them;
“inspector” means an inspector appointed under the Act;
“local authority” has the meaning given by section 50(1) of the Act;
“meat preparation” means fresh meat, including meat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone processes insufficient to modify the internal muscle fibre structure of the meat and thus to eliminate the characteristics of fresh meat;
“mechanically separated meat” means the product obtained by removing meat from flesh-bearing bones after boning, using mechanical means resulting in the loss or modification of the muscle fibre structure;
“milk” includes cream, separated milk, skimmed milk and buttermilk;
“milk product” includes butter, cheese, whey, yoghurt and any other product the main constituent of which is milk;
“minced meat” means boned meat that has been minced into fragments and contains less than 1% salt;
“occupier” means, in relation to any premises, the person in charge of those premises;
“the Order” means the Foot-and-Mouth Disease (England) Order 2006 ;
“overstamped” means, in relation to a health marked or identification marked item, bearing a an additional diagonal cross consisting of two straight lines intersecting at the centre of the health or identification mark and allowing the information there to remain legible (whether or not that additional cross is applied by the same stamp as the mark);
“phase 1” means, in respect of a vaccination zone, the period of time commencing with the declaration of that vaccination zone and ending with a declaration under regulation 15(2);
“phase 2” means, in respect of a vaccination zone, the period of time commencing with the end of phase 1 and ending with a declaration under regulation 15(3);
“phase 3” means, in respect of a vaccination zone, the period of time commencing with the end of phase 2 and ending with a declaration under regulation 15(5);
“premises” includes any land, building or other place;
“protection zone” means a protection zone declared under article 31(1), 31(3), 32(1) or 32(2) of the Order;
“protective vaccination” means vaccination carried out on premises in a vaccination zone to protect susceptible animals within that zone against airborne spread or spread through fomites of the disease virus, where the vaccinated animals are not intended to be slaughtered to prevent the spread of disease;
“public highway” means a highway maintainable at the public expense;
“raw milk” means milk that has not been heated to more than 40°C or undergone any treatment that has an equivalent effect;
“reactor premises” means premises declared to be reactor premises under regulation 25(3)(b);
“sell” means sell to the final consumer or user and “sale” in the expression “consign for sale” shall be construed accordingly;
“slaughterhouse” means an establishment used for slaughtering and dressing animals, the meat of which is intended for human consumption and which —
is approved or conditionally approved under article 31(2) of Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of feed and food law, animal health and animal welfare rules , or
although lacking the approval or conditional approval that it requires under article 4(3) of Regulation (EC) No. 853/2004 was, on 31st December 2005, operating as a licensed slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995 or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 ;
“slaughter” means any process which causes the death of an animal;
“suppressive vaccination” means vaccination carried out on premises or in an area where there is an urgent need to prevent the spread of disease outside the premises or area by reducing the quantity of circulating disease virus there, where the vaccinated animals are intended for slaughter to prevent the spread of disease;
“surveillance zone” means a surveillance zone declared under article 31(1), 31(3), 32(1) or 32(2) of the Order;
“susceptible animal” means a cow, bull, sheep, goat, deer, camel, llama, alpaca, guanaco, vicuna, any other ruminant, any swine (that is, a member of the suborder Suina of the order Artiodactyla ), elephant or rodent (other than a pet rodent);
“temporary control zone” means a temporary control zone declared under article 16(1) of the Order;
“vaccinate” means treat a susceptible animal with hyperimmune serum or vaccine against disease and “vaccination”, “vaccinated” and “unvaccinated” shall be construed accordingly;
“vaccination surveillance zone” means a vaccination surveillance zone declared under regulation 12(1), 13(2) or 13(3);
“vaccination zone” means a vaccination zone declared under regulation 12(1);
“vehicle” includes —
a trailer, semi-trailer or other thing which is designed or adapted to be towed by another vehicle,
a detachable part of a vehicle,
a container or other structure designed or adapted to be carried by or on a vehicle;
“veterinary inspector” means a veterinary inspector appointed under the Act.
2
In these Regulations “specified for vaccination” means specified as an animal required to be vaccinated in a decision to undertake a vaccination programme made in accordance with regulation 9.
3
References in these Regulations to “animals originating in”, in respect of a vaccination zone mean —
a
animals kept in the vaccination zone after declaration of the zone; and
b
animals which were kept within the boundaries of the vaccination zone at any time during the period —
i
beginning 21 days before the declaration of the vaccination zone, and
ii
ending with that declaration,
and the expression “susceptible animals originating in” shall be construed accordingly.
Premises comprising common or unenclosed land
3
For the purposes of these Regulations —
a
common or unenclosed land forms separate premises from other land unless —
i
the parcels of land adjoin, and
ii
all animals kept on each parcel of land are in the charge of the same keeper;
b
a notice which is to be served on the occupier of premises wholly or partially comprising any common or unenclosed land is validly served if served on every keeper of animals kept there (so far as those persons are reasonably ascertainable);
c
a requirement or restriction imposed on the occupier of premises wholly or partially comprising any common or unenclosed land applies to every keeper of animals kept there.
Licences and declarations
4
1
Licences granted under these Regulations —
a
shall be in writing;
b
may, in addition to any conditions required by these Regulations, be made subject to such conditions as the Secretary of State considers necessary to prevent the spread of disease; and
c
may be amended, suspended or revoked in writing at any time.
2
Except where otherwise directed by the Secretary of State, a licence granted in Scotland or Wales for the same purpose as a licence which may be granted under these Regulations is valid for that purpose in England and its conditions apply in England as if it was a licence granted under these Regulations.
3
Declarations under these Regulations shall be in writing.
4
Any amendment or revocation of a declaration shall be made by further declaration.
Notices
5
1
Notices issued under these Regulations —
a
shall be in writing; and
b
may be amended or revoked in writing at any time.
2
A notice which —
a
is served on the occupier of premises; and
b
imposes a requirement or restriction in respect of those premises,
shall contain a description of the premises sufficient to enable the extent of the premises to be ascertained.
3
Such a description may be amended by a veterinary inspector if he is satisfied that it does not describe an appropriate area for the purposes of investigating and monitoring the spread of disease in respect of animals which are usually kept together.
Dissemination of information concerning restrictions and requirements
6
1
The Secretary of State shall take all such steps as she considers fit to ensure that licences, declarations and notices are brought to the attention of those who may be affected by them as soon as is reasonably practicable.
2
She shall also ensure that —
a
the extent of any zone declared under these Regulations;
b
the nature of the restrictions and requirements applicable within the zone;
c
the date of its declaration; and
d
the date that declaration ceases to have effect in respect of the zone or any part of it,
are publicised.
Disinfection
7
Disinfection under these Regulations shall be carried out with a disinfectant which is —
a
approved for use for the purpose these Regulations and the Order by the Diseases of Animals (Approved Disinfectants) Order 1978 ;
b
used at the concentration specified in that Order; and
c
used in accordance with the manufacturer’s instructions or recommendations (if any) and in particular, if use is recommended before any date, used before that date.
PART 2
The vaccination programme
Prohibition on vaccination except under licence
8
1
Subject to paragraph (2), no person shall vaccinate an animal except under the authority of a licence granted by the Secretary of State permitting suppressive vaccination or protective vaccination.
2
Paragraph (1) does not apply to —
a
anything done under the authority of a licence granted under article 4 of the Specified Animal Pathogens Order 1998 ; or
b
the administration of a vaccine in accordance with an animal test certificate granted under regulation 8 of the Veterinary Medicines Regulations 2005 .
Factors informing a decision to permit suppressive vaccination or protective vaccination
9
1
The Secretary of State shall take into account the following factors in deciding whether to permit suppressive vaccination or protective vaccination —
a
the risk of an outbreak of disease —
i
in the United Kingdom becoming widespread in any part of the country,
ii
spreading to England with imported susceptible animals, carcases or other things liable to spread disease,
iii
spreading from England with exported susceptible animals, carcases or other things liable to spread disease, or
iv
spreading to or from England because of the prevailing meteorological conditions;
b
any threat from disease to animals in —
i
a laboratory, zoo, wildlife park or other premises where susceptible animals are kept principally for the purposes of display and education of the public, or an enclosed area principally used for shooting,
ii
premises not falling within (a) of a body, institute or centre which —
aa
keeps susceptible animals only for the purposes of conservation, display and education of the public, or scientific research or breeding of such animals for research, and
bb
is approved in relation to those animals under regulation 9 of the Animals and Animal Products (Import and Export) (England) Regulations 2005,
iii
other premises where susceptible animals are kept for scientific purposes or purposes related to conservation of species or farm animal genetic resources;
c
the criteria in Annex X of Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/ EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC ;
d
other means of preventing the spread of disease available to her;
e
in the case of suppressive vaccination, whether such vaccination is necessary urgently to prevent the spread of disease from premises or a geographical area by reducing the quantity of circulating disease virus there; and
f
in the case of protective vaccination —
i
whether such vaccination in the proposed vaccination zone will protect susceptible animals in that zone against airborne spread or spread through fomites of the disease virus, and
ii
the effect of the measures which would apply in the vaccination zone and vaccination surveillance zone on persons and animals there.
2
Where, having taken those factors into account, the Secretary of State considers that permitting suppressive vaccination or protective vaccination is the most appropriate means of preventing the spread of disease, she shall undertake a vaccination programme.
3
If the Secretary of State decides to undertake a vaccination programme she shall grant a licence permitting suppressive vaccination or protective vaccination.
Form of the decision to undertake a vaccination programme
10
1
The decision to undertake a vaccination programme shall be given in writing.
2
The decision shall contain the following information about the vaccination programme —
a
whether it is a programme of suppressive or of protective vaccination;
b
the place or geographical area where it is to be undertaken;
c
specification of the animals she requires to be vaccinated (including their species and age);
d
the intended duration of the programme;
e
notification of the prohibition on movement of animals and animal products in regulation 18(2);
f
the form of the eartag to be affixed and records to be made under regulation 19(3);
g
the person who will carry out the programme;
h
such other information as the Secretary of State considers necessary to inform those who may be affected by the vaccination programme.
3
Any decision of the Secretary of State which results in a change to the information in paragraph (2) shall also be given in writing.
4
The Secretary of State shall take such steps as she considers fit to bring a decision referred to in paragraph (1) or (3) to the attention of those who may be affected by it.
Licences permitting suppressive vaccination or protective vaccination
11
1
No licence permitting suppressive vaccination shall authorise vaccination outside a protection zone.
2
No licence permitting protective vaccination shall authorise vaccination in a vaccination surveillance zone.
Declaration of a vaccination zone and of a vaccination surveillance zone on protective vaccination in England
12
1
If she decides to undertake a programme of protective vaccination, the Secretary of State shall at the same time declare any place or geographical area where it is to be undertaken to be a vaccination zone and shall also declare a vaccination surveillance zone.
2
A declaration under paragraph (1) shall designate —
a
the extent of the vaccination zone; and
b
the extent of the vaccination surveillance zone.
3
A vaccination surveillance zone declared under paragraph (1) shall extend from the vaccination zone for at least ten kilometres and otherwise shall be of such size as the Secretary of State considers fit to prevent the spread of disease.
4
If she decides to vary the place or geographical area where a programme of protective vaccination is to be undertaken, the Secretary of State shall amend the declaration under paragraph (1) so that the vaccination zone comprises the place or geographical area as varied.
Declaration of a vaccination surveillance zone on protective vaccination in Scotland or Wales
13
1
This regulation applies where a programme of protective vaccination is to be undertaken in Scotland or Wales.
2
Where this regulation applies and any part of the programme of protective vaccination is to be undertaken within ten kilometres of the border with England, the Secretary of State shall declare a vaccination surveillance zone.
3
Where this regulation applies and a zone having equivalent effect to a vaccination surveillance zone has been declared in Scotland or Wales abutting the border with England, the Secretary of State may declare a vaccination surveillance zone.
4
Subject to paragraph (5), a vaccination surveillance zone declared under this regulation shall be of such size as the Secretary of State thinks fit to prevent the spread of disease.
5
A declaration under this regulation shall specify the extent of the vaccination surveillance zone and the Secretary of State shall ensure that any such zone —
a
abuts the border with Scotland or Wales, as the case may be; and
b
extends from that border such that its boundary is at least ten kilometres from the perimeter of any zone having equivalent effect to a vaccination zone in Scotland or Wales, as the case may be.
Vaccination zones and vaccination surveillance zones: general provisions
14
1
Any premises which are partly inside and partly outside a vaccination zone shall be deemed to be wholly within it.
2
Any premises which are partly inside and partly outside a vaccination surveillance zone shall be deemed to be wholly within it (except premises which are also partly within a vaccination zone).
3
An area shall remain a vaccination zone or a vaccination surveillance zone (or part of one) until the Secretary of State —
a
amends the declaration creating it so as to exclude that area or;
b
revokes that declaration.
4
Any amendment or revocation of a declaration creating a vaccination zone or a vaccination surveillance zone shall refer to that declaration and state the date and time it is to take effect.
Time phases and measures applicable in respect of a vaccination zone
15
1
Subject to regulation 26, the provisions of the Schedule apply in respect of a vaccination zone in addition to any requirements or restrictions applying in any part of it because that part falls within a protection zone or a surveillance zone.
2
After 30 days have elapsed since all animals in a vaccination zone specified for vaccination in a decision to undertake a programme of protective vaccination have been vaccinated, the Secretary of State may declare the end of phase 1 and the commencement of phase 2 and the declaration shall specify the date and time it is to take effect.
3
On completion of the measures in sub-paragraphs (a) to (d) of regulation 26 in every reactor premises in a vaccination zone, the Secretary of State shall declare the end of phase 2 and the commencement of phase 3 and the declaration shall specify the date and time it is to take effect.
4
Notwithstanding paragraph (3), the Secretary of State may, before completion of those measures in every reactor premises, serve a notice on the occupier of any premises classified as free of disease under regulation 25(3) stating that those premises shall enter phase 3 and phase 3 shall be deemed to have commenced in respect of those premises on such service.
5
The Secretary of State may declare the end of phase 3 when she is satisfied that disease has been eradicated in England.
Measures applying in a vaccination surveillance zone
16
1
No person shall move any susceptible animal within or out of a vaccination surveillance zone except —
a
movement wholly within the premises on which it is kept; or
b
under the authority of a licence granted by the Secretary of State.
2
This regulation applies in addition to any requirements or restrictions applying in any part of a vaccination surveillance zone because that part falls within a protection zone or a surveillance zone.
Extension of the power to cause vaccination
17
Notwithstanding section 16(1) of the Act, the Secretary of State may cause vaccination of animals which do not fall within that section where they are in a vaccination zone and the following provisions of the Act apply as if such vaccination was carried out in exercise of the power in section 16(1) —
a
the remainder of section 16 (treatment after exposure to infection);
b
section 16A (slaughter of vaccinated animals); and
c
section 62A (slaughter: power of entry).
Facilitation of vaccination
18
1
The keeper of any animal specified in a decision to undertake a vaccination programme shall, when required by an inspector or a person acting at his direction —
a
state (if required, in writing) the species, ages, and numbers of the animals for which he is responsible; and
b
submit any such animal for vaccination at such time and in such place as required by that inspector or that person.
2
Except under the authority of a licence granted by the Secretary of State, no person shall move from any premises where animals are specified in a decision to undertake a vaccination programme are kept —
a
any animal; or
b
any animal product produced on the premises from a susceptible animal,
before all the animals so specified have been vaccinated.
Identification of vaccinated animals
19
1
The Secretary of State shall provide every person issued with a licence permitting suppressive vaccination or protective vaccination with sufficient eartags for every animal which may be vaccinated under that licence.
2
Each eartag shall carry such information as the Secretary of State considers necessary to identify the animal to which it is affixed as a vaccinated animal.
3
Any person vaccinating an animal shall —
a
identify it immediately after vaccination by affixing an eartag;
b
make a written record of that vaccination containing the following information —
i
the date,
ii
the place, and
iii
a description of the animal;
c
ensure that the Secretary of State and the keeper of the animal receive a copy of that record; and
d
retain that record for a period of six years.
4
Records shall be in a form approved by the Secretary of State.
5
Every person provided with eartags under this regulation shall return unused eartags to the Secretary of State on demand and without delay.
Marking of cattle passports
20
1
This paragraph applies to any animal specified for vaccination which is issued with —
a
a cattle passport under the Cattle Passports Order 1996 ;
b
a cattle passport under the Cattle Identification Regulations 1998 ; or
c
a registration certificate under the Cattle (Identification of Older Animals) Regulations 2000 .
2
If the keeper of any animal to which this paragraph applies has its cattle passport or registration certificate in his possession at the time of vaccination he shall give it to the person carrying out the vaccination at that time.
3
The person carrying out the vaccination shall ensure that any cattle passport or registration certificate given to him at the time of vaccination is —
a
marked at that time to indicate that the animal has been vaccinated; and then
b
returned to the keeper.
4
If the cattle passport or registration certificate of any animal is not in the possession of its keeper at the time of vaccination, the Secretary of State shall serve a notice on that keeper requiring him to submit it to the Secretary of State without delay on its return to his possession for marking to indicate that the animal has been vaccinated.
Removal of eartags and missing eartags
21
1
No person shall intentionally remove an eartag affixed under regulation 19(3) unless it is removed to prevent unnecessary pain and suffering.
2
If the keeper of a vaccinated animal removes its eartag in accordance with paragraph (1) or discovers that its eartag is missing he shall notify the Secretary of State in writing without delay.
3
On receipt of a notification under this regulation, the Secretary of State shall —
a
arrange for a new eartag to be affixed to the vaccinated animal; or
b
if affixing an eartag would cause unnecessary pain and suffering, arrange for the animal to be identified as vaccinated by applying a permanent indelible mark.
4
Any person who knows or suspects that an animal has been vaccinated but is not bearing an eartag or a mark applied under paragraph (3)(b) shall immediately notify the keeper of that animal and the Divisional Veterinary Manager.
Sale and slaughter of vaccinated animals
22
No person shall sell a vaccinated animal or send such an animal for slaughter unless it bears an eartag affixed under these Regulations, or a mark applied under regulation 21(3)(b).
Failure to vaccinate animals specified for vaccination
23
1
Any person (other than an inspector) who knows or suspects that an animal has been specified for vaccination but was not vaccinated at the time when it should have been shall immediately notify the keeper of that animal and the Divisional Veterinary Manager.
2
If an inspector suspects that an animal has been specified for vaccination but was not vaccinated at the time when it should have been he shall arrange for that animal to be vaccinated as soon as is reasonably practicable (but not sooner than 21 days after the date it should have been vaccinated).
Carcases of animals specified for vaccination
24
1
If an inspector knows or suspects that a carcase is of a vaccinated animal and is intended for sale (whether before or after processing into any animal product) but is not being dealt with as the carcase of a vaccinated animal he may serve a notice on the person in charge of the carcase requiring him to arrange for its disposal.
2
If an inspector knows or suspects that a carcase is of an animal specified for vaccination which has not been vaccinated and is intended for sale (whether before or after processing into any animal product), he shall serve a notice on the person in charge of the carcase requiring him to deal with it at all times as if it was the carcase of a vaccinated animal.
Survey and classification of premises during phase 2
25
1
The Secretary of State shall ensure that during phase 2 a clinical and serological survey of all premises in the vaccination zone where susceptible animals are kept is carried out in accordance with the method set out in paragraph (2).
2
The method referred to in paragraph (1) is that all susceptible animals in the vaccination zone are clinically inspected, and either —
a
testing for infection with the disease virus by an assay for antibodies against non-structural proteins of the disease virus is carried out on a selection of susceptible animals, or
b
testing for antibodies against non-structural proteins of the disease virus is carried out on samples from all vaccinated animals and their unvaccinated offspring.
3
The Secretary of State shall ensure that during phase 2 all premises in the vaccination zone where susceptible animals are kept are classified according to the outcome of the survey referred to in paragraph (1) and the criteria in Schedule 2 of the Order —
a
as infected premises, where the premises contain at least one susceptible animal in which the presence of the disease virus is confirmed;,
b
as reactor premises, where the premises contained at least one susceptible animal suspected of being infected but where further testing including all susceptible animals on the premises confirmed the absence of circulating disease virus; or
c
as free of disease.
4
Where premises are classified as reactor premises under paragraph (3)(b), the Secretary of State shall serve a notice on the occupier declaring the premises to be reactor premises.
5
Where premises are classified as free of disease under paragraph (3)(c), the Secretary of State shall serve a notice on the occupier declaring the premises to be free of disease.
Measures applicable to reactor premises
26
The following measures apply to reactor premises —
a
the Secretary of State shall ensure that susceptible animals which have tested positive to at least one of the tests in regulation 25(2) are slaughtered on the holding;
b
the Secretary of State may by notice served on the occupier direct that other susceptible animals on the premises shall be slaughtered;
c
the occupier shall dispose of the carcases of any susceptible animals slaughtered on the premises in accordance with the directions of an inspector;
d
the Secretary of State shall ensure that the premises are cleansed and disinfected in accordance with Schedule 3 of the Order;
e
no person shall restock the premises except under the authority of a licence granted by the Secretary of State and in accordance with Schedule 4 of the Order.
Duty of the local authority to erect signs
27
The local authority shall ensure that the boundaries of every vaccination zone and vaccination surveillance zone are indicated by signs erected in a conspicuous position on all roads entering the zones on which it considers susceptible animals are likely to be moved, as soon as is reasonably practicable after declaration of the zones.
Trade in vaccinated animals
28
No person shall send any vaccinated animal for trade with another member State, Norway, Iceland or Liechtenstein.
PART 3
General and supplementary provisions
Cleansing and disinfection of vehicles: provision of facilities, equipment and materials
29
Where cleansing and disinfection of vehicles is required at any premises by or under these Regulations, the occupier of those premises shall, at his own expense, provide adequate facilities and proper equipment and materials for that cleansing and disinfection.
Marks applied under these Regulations
30
No person shall remove, obscure or erase a mark applied to any animal, animal product, vehicle or other thing under these Regulations without the written authority of an inspector.
Change of occupation of premises under restriction
31
1
This regulation applies if the keeper of any animal or poultry is unable to move it from premises on the termination of his right of occupation because of a restriction imposed by or under these Regulations and continues to apply for seven days after the last restriction is removed.
2
Where this regulation applies, the person entitled to occupation of the premises on that termination shall —
a
provide such facilities for feeding, tending or otherwise using the animal or poultry (including selling it) as the keeper may reasonably require; and
b
allow entry to the premises to that keeper and any person authorised by him at reasonable times for feeding, tending or otherwise using the animal or poultry.
3
If the keeper is unable or unwilling to feed or tend the animal or poultry, the person entitled to occupation of the premises shall ensure it is properly fed and tended.
4
The keeper of the animal or poultry is liable to pay the reasonable costs incurred by any person feeding or tending it under this regulation, or providing facilities for feeding, tending or otherwise using it under this regulation.
Reasonable assistance
32
Any person required to give reasonable assistance or information to a person acting under these Regulations for the performance of his functions under them shall, unless he has reasonable cause, do so without delay.
False information
33
No person shall furnish information which he knows to be false or misleading to a person acting under these Regulations.
Production of records
34
1
Any person required to produce a record by a person acting under these Regulations shall do so without delay.
2
On production, a person acting in the execution of these Regulations may —
a
copy any records, in whatever form they may be held; or
b
remove any records to enable them to be copied, or where they are kept electronically, require them to be produced in a form which may be taken away.
3
A person removing records under this regulation shall give a written receipt for them.
Compliance with notices and directions
35
1
Any notice served under these Regulations shall be complied with at the expense of the person on whom it is served, except where otherwise provided in that notice.
2
Any direction given under these Regulations shall be complied with at the expense of the person to whom it is given, except where otherwise provided in a written direction of the Secretary of State.
Powers of inspectors
36
1
— The following provisions of the Act apply as if these Regulations were an Order made under the Act and as if the definition of animal in section 87 of the Act was extended to comprise every susceptible animal —
a
section 63 (general powers of inspectors);
b
section 64A (powers of inspectors relating to Community obligations); and
c
section 65(1) to (3) (power to detain vessels and aircraft).
2
Section 65A of the Act (inspection of vehicles) applies as if —
a
these Regulations were an Order under the Act;
b
the definition of animal in section 87 of the Act was extended to comprise every susceptible animal; and
c
every vaccination zone and vaccination surveillance zone was designated for the duration of its existence for the purposes of that section.
Offences and proceedings
37
1
The following provisions of the Act apply as if these Regulations were an Order made under the Act —
a
section 60 (duties and authorities of constables);
b
section 66 (refusal and obstruction);
c
section 67 (issue of false licences etc. );
d
section 68 (issue of licences etc. in blank);
e
section 71 (other offences as to licences);
f
section 71A , (prosecutions: time limit);
g
section 73 (general offences);
h
section 77 (money recoverable summarily); and
i
section 79(1) to (4) (evidence and procedure),
and as if the definition of animal in section 87 of the Act was extended to comprise every susceptible animal.
2
Section 69 of the Act (falsely obtaining licences etc.) applies as if licences granted under these Regulations were granted under an Order made under the Act.
3
Section 75 of the Act (penalties for certain summary offences) applies as if these Regulations were an Order made under the Act except that any term of imprisonment on summary conviction shall not exceed three months.
Production of licences
38
— Every person issued with a licence under these Regulations shall, while executing the licensed activity, carry the licence and produce it to an inspector on demand.
General powers of veterinary inspectors to take action to prevent the spread of disease
39
1
This regulation applies to every vaccination zone and vaccination surveillance zone.
2
Where this regulation applies, a veterinary inspector may, if he considers it necessary to prevent the spread of disease, require —
a
the detention and isolation of any vehicle, equipment or other thing and its subsequent cleansing and disinfection by serving a notice requiring such action on the occupier of the premises where it is present, or on the person in charge of it;
b
the cleansing and disinfection of any premises or other place in accordance with Schedule 3 to the Order by serving a notice requiring such action on the occupier of those premises or that place;
c
the removal, laundering, cleansing and disinfection or disposal of the clothing or footwear of any person by serving a notice on him requiring such action;
d
any person to cleanse himself by serving a notice on him requiring such action;
e
the detention or isolation in a specified place of any animal or poultry by serving a notice requiring such action on the occupier of the premises where it is present, or on its keeper;
f
the separation of any animal or poultry from other animals or poultry by serving a notice requiring such action on the occupier of the premises where it is present, or on its keeper.
3
A notice under this regulation may contain such directions and conditions as the person serving it considers necessary to prevent the spread of disease.
Powers of inspectors in case of default
40
1
Where a person fails to comply with a requirement imposed by or under these Regulations, an inspector may take any steps he considers necessary to ensure the requirement is met.
2
Where a person acts in contravention of a requirement imposed by or under these Regulations, an inspector may take any steps he considers necessary to rectify the situation so as to prevent the spread of disease.
3
In taking steps under paragraph (1) or (2) an inspector may seize and detain any animal moved, kept or otherwise dealt with in contravention of a restriction or requirement imposed by or under these Regulations.
4
In taking steps under paragraph (2), an inspector may by notice served on any person direct that person to take or refrain from specified action in respect of any place, animal, poultry, vehicle, animal product or other thing.
5
The person in default shall reimburse any reasonable expenses incurred by the Secretary of State or the local authority in taking such steps and any such debt is recoverable summarily.
Offences by bodies corporate
41
1
If an offence committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer; or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.
3
“Officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
Offences: no knowledge of restriction or requirement
42
No person shall be guilty of failing to comply with a restriction or requirement which applies because of the declaration of —
a
a vaccination zone; or
b
a vaccination surveillance zone,
if he shows to the court’s satisfaction that he did not know of that restriction or requirement and that he could not with reasonable diligence have obtained knowledge of it.
Enforcement
43
1
Subject to paragraphs (2) and (3), these Regulations shall be enforced by the local authority.
2
These Regulations shall be enforced in relation to slaughterhouses by the Secretary of State.
3
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under these Regulations shall be discharged by the Secretary of State and not by the local authority.
Revocations
44
The following instruments are revoked —
a
the Foot-and-Mouth Disease (Infected Areas) (Vaccination) Order 1972 (insofar as the Order applies in England); and
b
the Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2001 .
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
30th January 2006


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval and Approval Marks)(Fees)(Amendment) Regulations 2006 and shall come into force on 9th August 2006.
Preliminary
2
The Motor Vehicles (Type Approval and Approval Marks)(Fees) Regulations 1999 shall be amended in accordance with the following provisions of these Regulations.
Increases in fees
3
In the regulation specified in the first column of the table below, for the fee specified opposite that regulation in the second column, there shall be substituted the fee specified opposite that regulation in the third column.
Table
Regulation Existing fee Substituted fee
Regulation 4(1) £86 £89 Regulation 9(5) £51 £53 Regulation 10(4), (5) and (6) £36 £37 Regulation 11(1)(b) £58 £60 Regulation 13(2)(a) £117 £121 Regulation 13(2)(b) £257 £266 Regulation 13(4)(a) £114 £118 Regulation 13(4)(b) £336 £348
Amendments to Schedules 1 to 4
4
For Schedules 1 to 4 there shall be substituted the Schedules set out in the Schedule to these Regulations.
Amendments to Schedule 5
5
1
The Table in Part 1 of Schedule 5 shall be amended as follows.
2
In item 8 (rear view mirrors), there shall be added in the third and fourth column after the last entry —
2005/27/ EC * L81, 30.3.05, p.44
3
For item 10 (suppression (radio)), there shall be substituted —
10 72/245/ EEC L152, 6.7.72, p.15 Radio interference (electromagnetic compatibility) 89/491/EEC* L238, 15.8.89, p.43 95/54/EC* L266, 8.11.95, p.1 2004/104/EC* L337, 13.11.04, p.13
4
In item 11 (diesel smoke), there shall be added in the third and fourth column after the last entry —
2005/21/EC* L61, 8.3.05, p.25
5
In item 72 (tyres), there shall be added in the third and fourth column after the last entry —
2005/11/EC* L46, 17.2.05, p.42
6
In item 83 (motorcycles — masses & dimensions), there shall be added in the third and fourth column after the entry of the Principal Directive —
2004/86/EC* L236, 7.7.04, p.12
7
In item 90 (motor cycles), there shall be added in the third and fourth column after the last entry —
2005/30/EC* L106, 27.4.05, p.17
8
In item 92 (emissions from non-road mobile machinery), there shall be added in the third and fourth column after the last entry —
2004/26/EC† L146, 30.4.04, p.1
9
In item 95 (tractors (gaseous emissions)), there shall be added in the third and fourth column after the entry of the Principal Directive —
2005/13/EC* L55, 1.3.05, p.35
6
1
The Table in Part 3 of Schedule 5 shall be amended as follows.
2
In item 12 (brakes), there shall be added in the third and fourth column after the last entry —
13.10 4 Apr 05
3
In item 17 (anti theft), there shall be added in the third and fourth column after the last entry —
18.03 23 Jun 05
4
In item 25 (external projections), there shall be added in the third and fourth column after the last entry —
26.03 23 Jun 05
5
In item 42 (installation of rear-view mirrors), there shall be added in the third and fourth column after the last entry —
46.02 23 Jun 05
6
In item 98 (vehicles for the carriage of dangerous goods), there shall be added in the third and fourth column after the last entry —
105.03 23 Jun 05
7
In item 100 (double deck buses), there shall be added in the third and fourth column after the entry of the ECE Regulation —
107.01 12 Aug 04
8
After item 108, there shall be added the following new items in the first, second, fourth and fifth columns —
109 116 6 Apr 05 Protection against unauthorised use 110 117 6 Apr 05 Noise from tyres 111 118 6 Apr 05 Burning behaviour of materials 112 119 6 Apr 05 Cornering lamps 113 120 6 Apr 05 Power measurement for agricultural vehicles
Signed by authority of the Secretary of State
S.J. Ladyman
Minister of State
Department for Transport
13th June 2006
We consent to the making of these Regulations to the extent that they are made in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
19th June 2006


text:
Citation and commencement
1
These Regulations may be cited as the Royal Marines Terms of Service Regulations 2006 and shall come into force on 1st December 2006.
Application and interpretation
2
1
These Regulations shall apply to enlistment in the Royal Marines as a marine and to the terms of service of persons who have so enlisted.
2
In these Regulations, unless the context otherwise requires —
“commanding officer” means the commanding officer of the establishment, unit or ship in which the person in question is serving;
“competent authority” means —
the Defence Council;
the Admiralty Board;
the authorities specified in Schedule 1 hereto;
“the reserve” means the Royal Fleet Reserve.
3
Reference in these Regulations to any person as the holder of an office shall in the event of a change in the title or abolition of that office be construed as a reference to the person who after such change or abolition shall exercise the functions previously exercised by such person referred to in these Regulations.
Duration of terms of enlistment
3
1
A person may be enlisted in the Royal Marines for a term beginning with the date of his attestation in the Royal Marines and ending 18 years after that date or on the date of his 40th birthday, whichever is the later.
2
Alternatively, a person may be enlisted in the Royal Marines for a term expiring on a date falling between 6 months and 17 years after the date of his attestation in the Royal Marines.
3
The term for which a person may be enlisted may be a term wholly of service in the Royal Marines or may be a term partly of service in the Royal Marines and partly of service in the reserve.
Right to transfer to the reserve
4
1
Subject to regulation 5, a person who is serving in the Royal Marines for a term of 4 or more years may give 12 months’ notice in writing to his commanding officer of his desire to be transferred to the reserve and he shall, upon expiration of such notice, be so transferred.
2
No such notice may be given until the expiration of 2 years and 6 months from the date he completed his period of initial training.
5
A person who consents in writing to be restricted in the exercise of the right conferred by regulation 4 to give 12 months’ notice of his desire to be transferred to the reserve, in consideration of being permitted to undergo a course of instruction or receiving any other benefit or advantage, shall not exercise such right before the expiration of the period specified in such consent.
Service in the reserve
6
A person transferred to the reserve in consequence of the exercise of a right conferred by regulation 4 shall serve in the reserve until the expiration of the term for which he has enlisted to serve in the Royal Marines or for such shorter period as the competent authority may, in his case, determine.
Right of recruit to claim discharge
7
1
Subject to the following provisions of this regulation, a person who enlists in the Royal Marines who has not previously so enlisted shall have the right to determine his service by giving notice in writing to his commanding officer.
2
The notice referred to in paragraph (1) shall not have effect unless it is given after the person has completed 28 days’ service and before the expiration of 6 months beginning with the date of his attestation.
3
Subject to paragraph (4), a person claiming his discharge by virtue of paragraph (1) shall be entitled to be discharged at the end of a period of 14 days beginning with the date on which he gave notice.
4
If such notice expires at a time when marines are required by an order under paragraph 4B of Schedule 7 of the Army Act 1955 (continuation of service in the Royal Marines in time of imminent national danger) to continue in service in the Royal Marines he shall not be entitled to be discharged so long as marines are so required to continue in service.
5
In calculating any period of time referred to in this regulation, no account shall be taken of any day during the whole or part of which the person was absent either on leave or for an unauthorised purpose.
Continuance in service
8
1
A person enlisted in the Royal Marines for a term of service in accordance with regulation 3(1) or a person enlisted for a term of service which began before the commencement of these Regulations may, at any time during the term for which he is enlisted, give to his commanding officer notice in writing of his desire to continue to serve in the Royal Marines after the end of that term for such period as, subject to paragraph 4 of this regulation, may be specified in the notice and, if the competent authority approve, he may, after the end of that term, continue to serve in the Royal Marines for the period specified in the notice in all respects as if that term were still unexpired and he shall not then be entitled to be discharged at the expiration of his original term unless he has previously given 12 months’ notice in writing to his commanding officer of that intention.
2
A person who continues to serve in the Royal Marines in accordance with paragraph (1) of this regulation may, before the date on which the period for which he is so continued will end, give to his commanding officer notice in writing of his desire to continue to serve further in the Royal Marines after that date for such period as, subject to paragraph 4 of this regulation, may be specified in the notice, and, if the competent authority approve, he may after that date be further continued as a person in the Royal Marines for the period specified in the notice in all respects as if the term for which he was previously continued were still unexpired.
3
Paragraph (2) of this regulation shall apply to persons who continue to serve in the Royal Marines thereunder as it applies to such persons continued in service under paragraph (1) of this regulation.
4
Subject to the approval of the competent authority, a person may continue to serve in the Royal Marines for any period of 12 or more months up to a maximum of 15 years from the date his service would otherwise have ended under the term for which he was originally enlisted to serve in the Royal Marines.
5
Where a person continues to serve in the Royal Marines under this regulation he may, subject to paragraph (6) of this regulation, give 12 months’ notice in writing to his commanding officer of his desire to be discharged and he shall, upon the expiration of such notice, or upon the expiration of a period of 12 months’ notice in writing given by him to his commanding officer at any time during the last 12 months’ service of the original term, be so discharged.
6
A person who consents in writing to be restricted in the exercise of the right conferred by paragraph (5) of this regulation to give 12 months’ notice, in consideration of being permitted to undergo a course of instruction or receiving any other benefit or advantage, shall not exercise such right before the expiration of the period specified in such consent.
Forms
9
The competent authority shall publish and provide forms of consents and notices for the purposes of these Regulations and references in these Regulations to consents or notices shall be construed as referring to such forms or to forms substantially to the like effect.
Savings
10
1
Subject to paragraph (2) of this regulation, these Regulations shall not affect the term of service (either as respects duration or as respects liability to service in the Royal Marines or any liability to serve in the reserve) of any person serving in the Royal Marines immediately before the commencement of these Regulations.
2
A person serving in the Royal Marines immediately before the commencement of these Regulations may be continued in service pursuant to regulation 8.
Revocations
11
The Regulations specified in Schedule 2 are hereby revoked.
On behalf of the Defence Council
Derek Twigg
Jonathon Band
Members of the Defence Council
3rd November 2006


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Registration) Regulations 2006, and shall come into force on 6 th April 2006.
2
These Regulations extend to England and Wales.
Interpretation
2
In these Regulations —
“ 1997 Act ” means the Police Act 1997;
“exempted question” means a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act;
“prescribed purpose” means a purpose prescribed by the Secretary of State under section 113B(2) of the 1997 Act;
“register” means the register maintained by the Secretary of State for the purposes of Part 5 of the 1997 Act; and
“statutory office-holder” means a person appointed to an office by virtue of any enactment.
The register
3
1
There shall be included in the register the following information:
a
the name and address of each registered person and any telephone or facsimile number or electronic mailing address which has been notified to the Secretary of State for communication purposes;
b
the date on which the name of that person was first listed in the register;
c
the number assigned to that person on being listed;
d
the nature of the exempted questions, if any, that that person is likely to ask;
e
in the case of a registered body —
i
whether that body is likely to countersign applications under section 113A or 113B of the 1997 Act at the request of bodies or individuals asking exempted questions and, if so, the nature of those questions;
ii
the name and address of any individual for the time being nominated in accordance with regulation 4 below as being authorised to act for the body in relation to the countersigning of applications under Part 5 of the 1997 Act and any telephone or facsimile number or electronic mailing address which has been notified to the Secretary of State for communications purposes;
iii
the date on which the name of that individual was first listed on the register;
iv
the number assigned to that individual on being listed; and
v
a specimen of the signature of that individual;
f
in the case of each registered person who is a statutory office-holder —
i
the name and address of any individual for the time being nominated in accordance with regulation 4 below as being authorised to act for the statutory office holder in relation to the countersigning of applications under Part 5 of the 1997 Act and any telephone or facsimile number or electronic mailing address which has been notified to the Secretary of State for communications purposes;
ii
the date on which the name of that individual was first listed on the register;
iii
the number assigned to that individual on being listed; and
iv
a specimen of the signature of that individual; and
g
in respect of each registered person other than a body, a specimen of any signature which will be used by that person for the purposes of countersigning applications under section 113A or 113B of the 1997 Act .
Nomination of authorised individuals
4
1
A body or statutory office-holder applying for registration under section 120 of the 1997 Act shall submit with the application the names of the individuals authorised to act for the body or statutory office-holder in relation to the countersigning of applications under Part 5 of the 1997 Act.
2
A registered body and a registered person who is a statutory office-holder shall submit to the Secretary of State the names of any individuals so authorised after the registration of the body or the statutory office-holder, whether or not in substitution for any name previously submitted.
3
The Secretary of State may refuse to accept, or to continue to accept, the nomination of an individual as so authorised if, in the opinion of the Secretary of State, that individual is not a suitable person to have access to information which has become, or is likely to become, available to him as a result of the registration of the body or the statutory office-holder which nominated him.
4
In determining for the purposes of this regulation whether an individual is a suitable person to have access to any information, the Secretary of State may have regard, in particular, to the matters specified in section 120A(3) of the 1997 Act .
5
Where the Secretary of State refuses to accept, or to continue to accept, the nomination of an individual under this regulation, he shall notify the body or the statutory office-holder concerned, and that body or statutory office-holder may submit the name of another individual in substitution.
Fee on application for inclusion in the register
5
The fee payable by a person on application for inclusion in the register shall be £300.
Additional fees
6
1
There shall be payable by a registered person which is a body a fee of £5 in respect of the second and each subsequent name entered in the register in accordance with regulation 3(e)(ii) above.
2
There shall be payable by a registered person which is a statutory office-holder a fee of £5 in respect of the second and each subsequent name entered in the register in accordance with regulation 3(f)(i) above.
Conditions attached to registration
7
A person’s registration shall be subject to the following conditions:
a
payment of the fee referred to in regulation 5 above ;
b
the fee payable under regulation 6(1) or 6(2) in respect of the second and each subsequent name entered in the register shall be invoiced by the Secretary of State to the person and payable on account within 15 days of the invoice date;
c
the fee payable in relation to an application under section 113A or 113B of the 1997 Act which is accompanied by a statement under section 113A(2)(b) or 113B(2)(b) of the 1997 Act shall be invoiced by the Secretary of State and payable on account within 15 days of the invoice date;
d
where a registered person has made a statement under section 113A(2)(b) or 113B(2)(b) of the 1997 Act in relation to an application for a criminal record certificate or an enhanced criminal record certificate, any charges levied in connection with the services it provides under Part 5 of the 1997 Act shall be —
i
notified in writing to the Secretary of State who may publish details of any such charges in such manner as he thinks fit; and
ii
set out in any documentation the registered person publishes which relates to the services it provides under Part 5 of the 1997 Act;
e
prior to submitting an application for a criminal record certificate or an enhanced criminal record certificate to the Secretary of State, a registered person shall use all reasonable endeavours to ensure that —
i
the mandatory data fields are completed to the Secretary of State’s satisfaction on the form prescribed in Schedule 2 to the Police Act 1997 (Criminal Records) Regulations 2002 , and that the data supplied is accurate;
ii
the certificate is requested for an exempted question or prescribed purpose as the case may be; and
iii
if the application for a criminal record certificate or an enhanced criminal record certificate is made by a volunteer, the applicant falls within the definition of a volunteer as prescribed in the Police Act 1997 (Criminal Records) Regulations 2002;
f
prior to making a statement under section 113A(2)(b) or 113B(2)(b) of the 1997 Act in relation to an application for a criminal record certificate or an enhanced criminal record certificate, a registered person or his authorised agent shall verify the identity of the applicant and in so doing comply with such conditions as the Secretary of State thinks fit and has notified to the registered person in writing;
g
where a registered person uses the services of another person to verify the identity of applicants, the registered person shall —
i
ensure the suitability of that person to conduct such checks;
ii
provide appropriate training and guidance to that person; and
iii
ensure that that person discharges his duties in accordance with such conditions as the Secretary of State thinks fit under sub-paragraph (f) above;
h
compliance with the code of practice for the time being in force under section 122 of the 1997 Act;
i
the provision of any information reasonably required in order to consider —
i
the continuing eligibility and suitability of registered persons,
ii
the eligibility and suitability of applicants for registered person status , and
iii
the continuing ability of registered persons to make payments of fees on behalf of applicants under Part 5 of the 1997 Act;
j
any change to the details in the information recorded on the register shall be notified to the Secretary of State;
k
any electronic system used by the registered person for the purposes of countersigning applications under sections 113A and 113B of the 1997 Act shall comply with such specifications as the Secretary of State may notify in writing to the registered body;
l
the number of applications countersigned by the registered person in any 12 month period shall not be fewer than 100; and
m
in the event of the Secretary of State removing or suspending the registered person from the register, that person shall pay for any applications knowingly submitted after such removal or suspension.
8
1
It shall be a condition of a person’s registration that, for the purposes only of paragraph (2) below , he shall allow a person authorised in writing for the purpose by the Secretary of State to enter any premises owned or occupied by any person appearing to him to be a registered person or an individual nominated in accordance with regulation 4 above, other than premises occupied exclusively for residential purposes as a private dwelling;
2
A person authorised in writing for the purpose by the Secretary of State may require any person appearing to be a registered person or an individual nominated in accordance with regulation 4 above to produce to him any documents for the purpose of assessing whether the registered person or individual nominated in accordance with regulation 4 above has complied with the conditions of registration.
3
A person exercising the power conferred by paragraph (1) above shall do so only at a reasonable hour.
4
A person exercising that power shall comply with any reasonable request (whether before or after entry is gained to the premises) by any person present on the premises to do any one or more of the following —
a
state the purpose for which the power is being exercised;
b
show the authorisation by the Secretary of State for his exercise of the power; and
c
produce evidence of his identity;
5
A person exercising that power shall make a record of the date and time of his entry, the period for which he remained there and his conduct while there.
6
If the person exercising that power is requested to do so by any person present on the premises at the time of entry, he shall provide that person with a copy of the record made under paragraph (5) above.
9
The Secretary of State may remove from the register any registered person who fails to comply with the conditions set out in regulations 7 and 8 above.
Limit on number of countersignatures
10
1
The Secretary of State may refuse to accept a registered body’s or statutory office-holder’s nomination of a person to countersign any applications under Part 5 of the 1997 Act if the maximum number of names for that registered body or statutory office-holder are already registered.
2
For the purposes of paragraph (1) above, the maximum number of names for a registered body or statutory office-holder is that specified administratively by the Secretary of State.
3
Where more than the maximum number of names have been registered, the Secretary of State may remove from the register such number of names as is necessary to bring the registered body’s or statutory office-holder’s number of registered names to the maximum number permitted.
Revocations
11
The following Regulations are hereby revoked:
a
the Police Act (1997) Criminal Records (Registration) Regulations 2001 ; and
b
the Police Act (1997) Criminal Records (Registration) (Amendment) Regulations 2001 .
Andy Burnham
Parliamentary Under Secretary of State
Home Office
14th March 2006


text:
1
This Order may be cited as the Export Control (Bosnia and Herzegovina) Order 2006 and shall come into force on 6th March 2006.
2
In the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 , in Schedule 3 Bosnia and Herzegovina shall be omitted.
3
In the Trade in Controlled Goods (Embargoed Destinations) Order 2004 , in the Schedule Bosnia and Herzegovina shall be omitted.
Malcolm Wicks
Minister of State for Energy,
Department of Trade and Industry
7th February 2006


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Agricultural Holdings (Units of Production) (England) Order 2006 and comes into force on 7th November 2006.
2
In this Order —
“Council Regulation 1782/2003” means Council Regulation ( EC ) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain direct support schemes for farmers and amending certain regulations , as last amended by Commission Regulation (EC) No. 1156/2006 ;
“disadvantaged land” (except in the expression “severely disadvantaged land”) means any area of land shown coloured blue on the England LFA maps;
“eligible hectare” has the same meaning as in Article 44(2) of Council Regulation 1782/2003;
“the England LFA maps” means the three volumes of maps numbered 1 to 3, each volume being marked “Volume of maps of less‑favoured farming areas in England”, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London SW1P 2AL;
“moorland” means all the land that is —
severely disadvantaged land, and
shown coloured pink in the three volumes of maps entitled “Moorland Map of England 2006” each volume being marked with the number of the volume, dated 13th February 2006, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London SW1P 2AL;
“severely disadvantaged land” means any area of land shown coloured pink on the England LFA maps.
Assessment of productive capacity of land
2
1
Paragraphs (2) and (3) of this article have effect for the purpose of the assessment of the productive capacity of a unit of agricultural land situated in England, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of paragraph 3(1) of Schedule 6 to the Agricultural Holdings Act 1986.
2
Where the land in question is capable, when farmed under competent management, of being used to produce any livestock, farm arable crop, outdoor horticultural crop or fruit as is mentioned in any of the entries 1 to 3 in column 1 of the Schedule to this Order, then —
a
the unit of production prescribed in relation to that use of the land shall be the unit in the entry in column 2 of that Schedule opposite to that entry; and
b
the amount determined, for the period of 12 months beginning with 7th November 2006, as the net annual income from that unit of production in that period shall be the amount in the entry in column 3 of that Schedule opposite to that entry as read with any relevant note to that Schedule.
3
Where land capable, when farmed under competent management, of producing a net annual income is in receipt of hill farm allowance, or was set aside from production in 2005, or was an eligible hectare in 2005, as is mentioned in entries 4, 5 and 6 respectively in column 1 of the Schedule to this Order, then —
a
the unit of production prescribed in relation to that use of the land shall be the unit in the entry in column 2 of that Schedule opposite to that entry; and
b
the amount determined, for the period of 12 months beginning with 7th November 2006, as the net annual income from that unit of production in that period shall be the amount in the entry in column 3 of that Schedule opposite to that entry.
Revocation
3
The Agricultural Holdings (Units of Production) (England) Order 2005 is revoked.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
2nd October 2006


text:
Citation and commencement
1
These Regulations may be cited as the Police (Minimum Age for Appointment) Regulations 2006 and shall come into force on 19th September 2006.
Amendment of the Special Constables Regulations 1965
2
In regulation 1(c) of the Special Constables Regulations 1965 (qualifications for appointment) for “18 ½ years” substitute “18 years”.
Amendment of the Police Regulations 2003
3
In regulation 10(1)(c) of the Police Regulations 2003 (qualifications for appointment to a police force) for “18 years 6 months” substitute “18 years”.
Signatory text
Tony McNulty
Minister of State
Home Office
22nd August 2006


text:
Citation and commencement
1
This Order may be cited as the District of Broadland (Whole Council Elections) Order 2006 and shall come into force on 17th February 2006.
Elections of the Council of the District of Broadland
2
1
Elections of all councillors for all the wards of the District of Broadland (“ the District ”) shall be held simultaneously on the ordinary day of election of councillors in 2007 and every fourth year after 2007.
2
The councillors holding office for any ward of the District immediately before the fourth day after the ordinary day of election of councillors in 2007 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
The term of office of all councillors elected in accordance with paragraph (1) shall be four years; and they shall retire on the fourth day after the ordinary day of election of councillors and the newly elected councillors shall come into office on the day on which their predecessors retire.
4
The ordinary election of councillors in 2006 for the wards of the District specified in paragraph (5) shall not take place; and any councillor for such a ward holding office immediately before the fourth day after the ordinary day of such election who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2007.
5
The wards are —
a
Aylsham;
b
Blofield with South Walsham;
c
Brundall;
d
Hellesdon North West;
e
Hellesdon South East;
f
Horsford and Felthorpe;
g
Old Catton and Sprowston West;
h
Spixworth with St Faiths;
i
Sprowston Central;
j
Sprowston East;
k
Taverham North;
l
Taverham South;
m
Thorpe St Andrew North West;
n
Thorpe St Andrew South East; and
o
Wroxham.
Parish elections
3
1
Elections of all parish councillors for any parish specified in paragraph (2) shall be held simultaneously on the ordinary day of election of councillors in 2007 and every fourth year after 2007.
2
The parishes are —
a
Aylsham;
b
Blickling;
c
Blofield;
d
Brundall;
e
Cantley;
f
Cawston;
g
Felthorpe;
h
Foulsham;
i
Hellesdon,
j
Hemblington;
k
Horsford;
l
Horsham St Faith and Newton St Faith;
m
Marsham;
n
Old Catton,
o
Oulton;
p
Postwick with Witton;
q
Rackheath;
r
Salhouse;
s
South Walsham;
t
Spixworth;
u
Strumpshaw;
v
Taverham;
w
Thorpe St Andrew;
x
Upton with Fishley;
y
Woodbastwick;
z
Wood Dalling; and
aa
Wroxham.
3
The parish councillors for those parishes holding office immediately before the fourth day after the ordinary day of election of councillors in 2007 shall retire on that date and the newly elected councillors for those parishes shall come into office on that date.
4
The term of office of all parish councillors elected in accordance with paragraph (1) shall be four years; and they shall retire on the fourth day after the ordinary day of election of councillors and the newly elected parish councillors shall come into office on the day on which their predecessors retire.
5
The ordinary election of parish councillors in 2006 for the parishes specified in paragraph (2) (a) to (c), (j) to (m), (o), (s) to (u), (x) and (y) and (aa) shall not take place; and any councillor for such a parish holding office immediately before the fourth day after the ordinary day of such election who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of elections in 2007.
6
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect in the case of a casual vacancy occurring before the ordinary day of election of councillors in 2007 in the parishes specified in paragraph (2) (a) to (c), (j), (l) and (m), (o), (t) and (aa), as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired, were a reference to the fourth day after the ordinary day of election of councillors in 2007.
Revocation
4
1
Articles 5 and 6 of the District of Broadland (Electoral Arrangements) Order 1977 are revoked.
2
In the District of Broadland (Electoral Changes) Order 2003 —
a
Article 4, paragraph (1), (2), (4), (6), (7) and (9) of article 10, and Schedule 2 are revoked; and
b
In paragraph (8) of article 10, for, “paragraphs (5), (6) and (7) above”, there shall be substituted “paragraph (5)”.
Signed by authority of the First Secretary of State
Phil Woolas
Minister of State
Office of the Deputy Prime Minister
6th February 2006


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2006 and shall come into force on 15th January 2007.
2
These Regulations apply in relation to England only.
3
In these Regulations, “the principal Regulations ” means the National Health Service (Charges to Overseas Visitors) Regulations 1989 .
Amendment of regulation 4 of the principal Regulations
2
In regulation 4 of the principal Regulations (overseas visitors exempt from charges) —
a
in paragraph (1), after sub-paragraph (p) insert —
; or
q
who is working outside the United Kingdom as a missionary for an organisation that is established in the United Kingdom, regardless of whether he —
i
derives a salary or wage from the organisation, or
ii
receives any type of funding or assistance from the organisation for the purposes of working overseas for the organisation.
; and
b
for paragraph (4) substitute —
4
No charge shall be made in respect of any services forming part of the health service provided for —
a
in the case where sub-paragraph (g), (h), (i), (j) or (q) of paragraph (1) applies to an overseas visitor, the spouse, civil partner or child of the overseas visitor; or
b
in the case where any other sub-paragraph applies to an overseas visitor, the spouse, civil partner or child of the overseas visitor, if the spouse, civil partner or child lives on a permanent basis with the overseas visitor in the United Kingdom.
.
Amendment of Schedule 2 to the principal Regulations
3
In Schedule 2 (countries or territories in respect of which the United Kingdom Government has entered into a reciprocal agreement), omit “Bulgaria”, “Czech Republic”, “Hungary”, “Malta”, “Poland”, “Romania” and “Slovak Republic”.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State for Health
Department of Health
11th December 2006