text:
PART 1
PRELIMINARY
Title, commencement and application
1
These Regulations —
a
may be cited as the Food Hygiene (England) Regulations 2006;
b
come into force on 11th January 2006; and
c
apply in relation to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990 ;
“the Agency” means the Food Standards Agency;
“authorised officer”, in relation to an enforcement authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under the Hygiene Regulations ;
“the Community Regulations ” means Regulation 852/2004, Regulation 853/2004, Regulation 854/2004, Regulation 2073/2005 and Regulation 2075/2005;
“Directive 2004/41”, “Regulation 178/2002”, “Regulation 1642/2003”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2075/2005” and “Regulation 2076/2005” have the meanings respectively given to them in Schedule 1;
“enforcement authority” means the authority which, by virtue of regulation 5, is responsible for executing and enforcing the Hygiene Regulations;
“food authority” has the meaning that it bears by virtue of section 5(1) of the Act, except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple);
“the Hygiene Regulations” means these Regulations and the Community Regulations;
“premises” includes any establishment, any place, vehicle, stall or moveable structure and any ship or aircraft; and
“specified Community provision” means any provision of the Community Regulations that is specified in Column 1 of Schedule 2 and whose subject-matter is described in Column 2 of that Schedule.
2
Subject to paragraph (3), any expression other than one defined in paragraph (1) that is used both in these Regulations and in the Act has the meaning it bears in the Act.
3
Unless the context otherwise requires, any expression used both in these Regulations and in Regulation 178/2002 or the Community Regulations has the meaning that it bears in Regulation 178/2002 or the Community Regulations, as the case may be.
4
Where any functions under the Act are assigned —
a
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 , to a port health authority;
b
by an order under section 6 of the Public Health Act 1936 , to a joint board for a united district; or
c
by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985 , to a single authority for a metropolitan county,
any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.
5
Where, apart from this paragraph, any period of less than seven days which is specified in these Regulations would include any day which is —
a
a Saturday, a Sunday, Christmas Day or Good Friday; or
b
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 ,
that day shall be excluded from the period.
Presumptions that food is intended for human consumption
3
1
The following paragraphs shall apply for the purposes of these Regulations.
2
Any food commonly used for human consumption shall, if placed on the market or offered, exposed or kept for placing on the market, be presumed, until the contrary is proved, to have been placed on the market or, as the case may be, to have been or to be intended for placing on the market for human consumption.
3
The following, namely —
a
any food commonly used for human consumption which is found on premises used for the preparation, storage, or placing on the market of that food; and
b
any article or substance commonly used in the manufacture of food for human consumption which is found on premises used for the preparation, storage or placing on the market of that food,
shall be presumed, until the contrary is proved, to be intended for placing on the market, or for manufacturing food for placing on the market, for human consumption.
4
Any article or substance capable of being used in the composition or preparation of any food commonly used for human consumption which is found on premises on which that food is prepared shall, until the contrary is proved, be presumed to be intended for such use.
Competent authority
4
The competent authority for the purposes of the Community Regulations shall be the Agency except where it has delegated competences as provided for in those Regulations.
Enforcement
5
1
In respect of any food business operator to whose operations Regulation 852/2004 applies but Regulation 853/2004 does not apply —
a
the Agency or the food authority in whose area the food business operator carries out his operations shall execute and enforce the Hygiene Regulations in so far as the operator concerned is carrying out primary production and those associated operations listed in paragraph 1 of Part AI of Annex I to Regulation 852/2004 other than the associated operations described in sub–paragraphs (a) and (c) of that paragraph to the extent that they concern wild game; and
b
the food authority in whose area the food business operator carries out his operations shall execute and enforce the Hygiene Regulations in so far as the operator concerned is carrying out operations which are not executed and enforced by the Agency or the food authority as provided for in sub–paragraph (a).
2
In respect of any food business operator to whose operations both Regulation 852/2004 and Regulation 853/2004 apply —
a
the Agency shall execute and enforce the Hygiene Regulations in so far as the operator concerned is carrying out operations in relation to —
i
a slaughterhouse,
ii
a game-handling establishment, or
iii
a cutting plant; and
b
the Agency or the food authority in whose area the food business operator carries out his operations shall execute and enforce the Hygiene Regulations in so far as the operator concerned is carrying out operations in relation to any establishment that is not specified in sub–paragraph (a).
3
In respect of —
a
collection centres and tanneries supplying raw material for the production of gelatine intended for human consumption pursuant to paragraph 5 of Chapter I of Section XIV of Annex III to Regulation 853/2004; and
b
collection centres and tanneries supplying raw material for the production of collagen intended for human consumption pursuant to paragraph 5 of Chapter I of Section XV of Annex III to Regulation 853/2004,
the food authority in whose area the collection centre or tannery concerned is situated shall execute and enforce the Hygiene Regulations.
4
Each food authority shall execute and enforce these Regulations in its area in relation to the matters regulated by —
a
Schedules 3 to 5; and
b
Schedule 6 in so far as it applies in relation to raw milk intended for direct human consumption other than raw cows' milk.
5
The Agency shall execute and enforce these Regulations in relation to the matters regulated by Schedule 6 in so far as it applies in relation to raw cows' milk intended for direct human consumption.
6
In this regulation —
“cutting plant” means an establishment which is used for boning and/or cutting up fresh meat for placing on the market and which —
is approved or conditionally approved under Article 31(2) of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4(3) of Regulation 853/2004) was, on 31st December 2005, operating as licensed cutting premises 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 ;
“game-handling establishment” means any establishment in which game and game meat obtained after hunting are prepared for placing on the market and which —
is approved or conditionally approved under Article 31(2) of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4(3) of Regulation 853/2004) was, on 31st December 2005, operating as a licensed wild game processing facility under the Wild Game Meat (Hygiene and Inspection) Regulations 1995 ; and
“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 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4(3) of Regulation 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.
PART 2
MAIN PROVISIONS
Hygiene improvement notices
6
1
If an authorised officer of an enforcement authority has reasonable grounds for believing that a food business operator is failing to comply with the Hygiene Regulations, he may by a notice served on that person (in these Regulations referred to as a “hygiene improvement notice”) —
a
state the officer’s grounds for believing that the food business operator is failing to comply with the Hygiene Regulations;
b
specify the matters which constitute the food business operator’s failure to comply;
c
specify the measures which, in the officer’s opinion, the food business operator must take in order to secure compliance; and
d
require the food business operator to take those measures, or measures which are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.
2
Any person who fails to comply with a hygiene improvement notice shall be guilty of an offence.
Hygiene prohibition orders
7
1
If —
a
a food business operator is convicted of an offence under these Regulations; and
b
the court by or before which he is so convicted is satisfied that the health risk condition is fulfilled with respect to the food business concerned,
the court shall by an order impose the appropriate prohibition.
2
The health risk condition is fulfilled with respect to any food business if any of the following involves risk of injury to health (including any impairment, whether permanent or temporary), namely —
a
the use for the purposes of the business of any process or treatment;
b
the construction of any premises used for the purposes of the business, or the use for those purposes of any equipment; and
c
the state or condition of any premises or equipment used for the purposes of the business.
3
The appropriate prohibition is —
a
in a case falling within sub–paragraph (a) of paragraph (2), a prohibition on the use of the process or treatment for the purposes of the business;
b
in a case falling within sub–paragraph (b) of that paragraph, a prohibition on the use of the premises or equipment for the purposes of the business or any other food business of the same class or description; and
c
in a case falling within sub–paragraph (c) of that paragraph, a prohibition on the use of the premises or equipment for the purposes of any food business.
4
If —
a
a food business operator is convicted of an offence under these Regulations; and
b
the court by or before which he is so convicted thinks it proper to do so in all the circumstances of the case,
the court may, by an order, impose a prohibition on the food business operator participating in the management of any food business, or any food business of a class or description specified in the order.
5
As soon as practicable after the making of an order under paragraph (1) or (4) (in these Regulations referred to as a “hygiene prohibition order”), the enforcement authority shall —
a
serve a copy of the order on the relevant food business operator; and
b
in the case of an order made under paragraph (1), affix a copy of the order in a conspicuous position on such premises used for the purposes of the food business as they consider appropriate,
and any person who knowingly contravenes such an order shall be guilty of an offence.
6
A hygiene prohibition order shall cease to have effect —
a
in the case of an order made under paragraph (1), on the issue by the enforcement authority of a certificate to the effect that they are satisfied that the food business operator has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the food business; and
b
in the case of an order made under paragraph (4), on the giving by the court of a direction to that effect.
7
The enforcement authority shall issue a certificate under sub–paragraph (a) of paragraph (6) within three days of their being satisfied as mentioned in that sub–paragraph; and on an application by the food business operator for such a certificate, the authority shall —
a
determine, as soon as is reasonably practicable and in any event within 14 days, whether or not they are so satisfied; and
b
if they determine that they are not so satisfied, give notice to the food business operator of the reasons for that determination.
8
The court shall give a direction under sub–paragraph (b) of paragraph (6) if, on an application by the food business operator, the court thinks it proper to do so having regard to all the circumstances of the case, including in particular the conduct of the food business operator since the making of the order; but no such application shall be entertained if it is made —
a
within six months of the making of the hygiene prohibition order; or
b
within three months of the making by the food business operator of a previous application for such a direction.
9
Where a magistrates' court makes an order under paragraph (2) of regulation 8 with respect to any food business, paragraph (1) shall apply as if the food business operator had been convicted by the court of an offence under these Regulations.
10
Where the commission of an offence by a food business operator leads to the conviction of another person pursuant to regulation 10, paragraph (4) shall apply in relation to that other person as it applies in relation to the food business operator and any reference in paragraph (5) or (8) to the food business operator shall be construed accordingly.
Hygiene emergency prohibition notices and orders
8
1
If an authorised officer of an enforcement authority is satisfied that the health risk condition is fulfilled with respect to any food business he may by a notice served on the relevant food business operator (in these Regulations referred to as a “hygiene emergency prohibition notice”) impose the appropriate prohibition.
2
If a magistrates' court is satisfied, on the application of such an officer, that the health risk condition is fulfilled with respect to any food business, the court shall, by an order (in these Regulations referred to as a “hygiene emergency prohibition order”), impose the appropriate prohibition.
3
Such an officer shall not apply for a hygiene emergency prohibition order unless, at least one day before the date of the application, he has served notice on the relevant food business operator of his intention to apply for the order.
4
Paragraphs (2) and (3) of regulation 7 shall apply for the purposes of this regulation as they apply for the purposes of that regulation, but as if the reference in paragraph (2) to risk of injury to health were a reference to imminent risk of injury.
5
As soon as practicable after the service of a hygiene emergency prohibition notice, an authorised officer of an enforcement authority shall affix a copy of the notice in a conspicuous position on such premises used for the purposes of the food business as he considers appropriate; and any person who knowingly contravenes such a notice shall be guilty of an offence.
6
As soon as practicable after the making of a hygiene emergency prohibition order, an authorised officer of an enforcement authority shall —
a
serve a copy of the order on the relevant food business operator; and
b
affix a copy of the order in a conspicuous position on such premises used for the purposes of the food business as he considers appropriate,
and any person who knowingly contravenes such an order shall be guilty of an offence.
7
A hygiene emergency prohibition notice shall cease to have effect —
a
if no application for a hygiene emergency prohibition order is made within the period of three days beginning with the service of the notice, at the end of that period; or
b
if such an application is so made, on the determination or abandonment of the application.
8
A hygiene emergency prohibition notice or a hygiene emergency prohibition order shall cease to have effect on the issue by the enforcement authority of a certificate to the effect that they are satisfied that the food business operator has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the food business.
9
The enforcement authority shall issue a certificate under paragraph (8) within three days of their being satisfied as mentioned in that paragraph; and on an application by the food business operator for such a certificate, the authority shall —
a
determine as soon as is reasonably practicable and in any event within 14 days whether or not they are so satisfied; and
b
if they determine that they are not so satisfied, give notice to the food business operator of the reasons for that determination.
10
Where a hygiene emergency prohibition notice is served on a food business operator, the enforcement authority shall compensate him in respect of any loss suffered by reason of his complying with the notice unless —
a
an application for a hygiene emergency prohibition order is made within the period of three days beginning with the service of the notice; and
b
the court declares itself satisfied, on the hearing of the application, that the health risk condition was fulfilled with respect to the food business at the time when the notice was served,
and any disputed question as to the right to or the amount of any compensation payable under this paragraph shall be determined by arbitration.
Remedial action notices and detention notices
9
1
Where it appears to an authorised officer of an enforcement authority that in respect of an establishment subject to approval under Article 4(2) of Regulation 853/2004 —
a
any of the requirements of the Hygiene Regulations is being breached; or
b
inspection under the Hygiene Regulations is being hampered,
he may, by a notice in writing (in these Regulations referred to as a “remedial action notice”) served on the relevant food business operator or his duly authorised representative —
c
prohibit the use of any equipment or any part of the establishment specified in the notice;
d
impose conditions upon or prohibit the carrying out of any process; or
e
require the rate of operation to be reduced to such extent as is specified in the notice, or to be stopped completely.
2
A remedial action notice shall be served as soon as practicable and shall state why it is being served.
3
If it is served under paragraph (1)(a), it shall specify the breach and the action needed to remedy it.
4
An authorised officer of the enforcement authority whose authorised officer served the original remedial action notice shall, as soon as he is satisfied that such action has been taken, withdraw the notice by a further notice in writing served on the food business operator or his duly authorised representative.
5
An authorised officer of an enforcement authority may, at an establishment subject to approval under Article 4(2) of Regulation 853/2004, by a notice in writing (in this regulation referred to as a “detention notice”) served on the relevant food business operator or his duly authorised representative require the detention of any animal or food for the purpose of examination (including the taking of samples).
6
An authorised officer of the enforcement authority whose officer served the original detention notice shall, as soon as he is satisfied that the animal or food need no longer be detained, withdraw the notice by a further notice in writing served on the food business operator or his duly authorised representative.
7
Any person who fails to comply with a remedial action notice or a detention notice shall be guilty of an offence.
Offences due to fault of another person
10
Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first–mentioned person.
Defence of due diligence
11
1
In any proceedings for an offence under these Regulations, it shall, subject to paragraph (2), be a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
2
If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the accused shall not, without leave of the court, be entitled to rely on that defence unless —
a
at least seven clear days before the hearing; and
b
where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
PART 3
ADMINISTRATION AND ENFORCEMENT
Procurement of samples
12
An authorised officer of an enforcement authority may —
a
purchase a sample of any food, or any substance capable of being used in the preparation of food;
b
take a sample of any food, or any such substance, which —
i
appears to him to be intended for placing on the market or to have been placed on the market, for human consumption, or
ii
is found by him on or in any premises which he is authorised to enter by or under regulation 14;
c
take a sample from any food source, or a sample of any contact material, which is found by him on or in any such premises; and
d
take a sample of any article or substance which is found by him on or in any such premises and which he has reason to believe may be required as evidence in proceedings under any of the provisions of these Regulations.
Analysis etc. of samples
13
1
An authorised officer of an enforcement authority who has procured a sample under regulation 12 shall —
a
if he considers that the sample should be analysed, submit it to be analysed —
i
by the public analyst for the area in which the sample was procured, or
ii
by the public analyst for the area which consists of or includes the area of the authority; and
b
if he considers that the sample should be examined, submit it to be examined by a food examiner.
2
A person, other than such an officer, who has purchased any food, or any substance capable of being used in the preparation of food, may submit a sample of it —
a
to be analysed by the public analyst for the area in which the purchase was made; or
b
to be examined by a food examiner.
3
If, in any case where a sample is proposed to be submitted for analysis under this regulation, the office of public analyst for the area in question is vacant, the sample shall be submitted to the public analyst for some other area.
4
If, in any case where a sample is proposed to be or is submitted for analysis or examination under this regulation, the food analyst or examiner determines that he is for any reason unable to perform the analysis or examination, the sample shall be submitted or, as the case may be, sent by him to such other food analyst or examiner as he may determine.
5
A food analyst or examiner shall analyse or examine as soon as practicable any sample submitted or sent to him under this regulation, but may, except where —
a
he is the public analyst for the area in question; and
b
the sample is submitted to him for analysis by an authorised officer of an enforcement authority,
demand in advance the payment of such reasonable fee as he may require.
6
Any food analyst or examiner who has analysed or examined a sample shall give to the person by whom it was submitted a certificate specifying the result of the analysis or examination.
7
Any certificate given by a food analyst or examiner under paragraph (6) shall be signed by him, but the analysis or examination may be made by any person acting under his direction.
8
In any proceedings under these Regulations, the production by one of the parties —
a
of a document purporting to be a certificate given by a food analyst or examiner under paragraph (6); or
b
of a document supplied to him by the other party as being a copy of such a certificate,
shall be sufficient evidence of the facts stated in it unless, in a case falling within sub–paragraph (a), the other party requires that the food analyst or examiner shall be called as a witness.
9
Where two or more public analysts are appointed for any area, any reference in this regulation to the public analyst for that area shall be construed as a reference to either or any of them.
10
The Food Safety (Sampling and Qualifications) Regulations 1990 shall apply in relation to a sample procured by an authorised officer of a food authority under regulation 12 as if it were a sample procured by an authorised officer under section 29 of the Act.
11
The certificate given by a food analyst or examiner under paragraph (6) shall be in the form set out in Schedule 3 to the Food Safety (Sampling and Qualifications) Regulations 1990.
Powers of entry
14
1
An authorised officer of a food authority shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours —
a
to enter any premises within the authority’s area for the purpose of ascertaining whether there is or has been on the premises any contravention of the provisions of the Hygiene Regulations;
b
to enter any premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any such contravention within that area; and
c
to enter any premises for the purpose of the performance by the authority of their functions under the Hygiene Regulations,
but admission to any premises used only as a private dwelling–house shall not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupier.
2
An authorised officer of the Agency shall, on producing if so required some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises for the purpose of —
a
ascertaining whether there is or has been on the premises any contravention of the provisions of the Hygiene Regulations;
b
ascertaining whether there is on the premises any evidence of any such contravention; and
c
the performance by the Agency of its functions under the Hygiene Regulations,
but admission to any premises used only as a private dwelling–house shall not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupier.
3
If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry onto any premises for any such purpose as is mentioned in paragraph (1) or (2) and either —
a
that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or
b
that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is temporarily absent,
the justice may by warrant signed by him authorise the authorised officer to enter the premises, if need be by reasonable force.
4
Every warrant granted under this regulation shall continue in force for a period of one month.
5
An authorised officer entering any premises by virtue of this regulation, or of a warrant issued under it, may take with him such other persons as he considers necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as he found them.
6
An authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, may inspect any records (in whatever form they are held) relating to a food business and, where any such records are stored in any electronic form —
a
may have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and
b
may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.
7
Any officer exercising any power conferred by paragraph (6) may —
a
seize and detain any records which he has reason to believe may be required as evidence in proceedings under any of the provisions of these Regulations; and
b
where the records are stored in any electronic form, require the records to be produced in a form in which they may be taken away.
8
If any person who enters any premises by virtue of this regulation, or of a warrant issued under it, discloses to any person any information obtained by him on the premises with regard to any trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.
9
Nothing in this regulation authorises any person, except with the permission of the local authority under the Animal Health Act 1981 , to enter any premises —
a
on which an animal or bird affected with any disease to which that Act applies is kept; and
b
which is situated in a place declared under that Act to be infected with such a disease.
Obstruction etc. of officers
15
1
Any person who —
a
intentionally obstructs any person acting in the execution of the Hygiene Regulations; or
b
without reasonable cause, fails to give to any person acting in the execution of the Hygiene Regulations any assistance or information which that person may reasonably require of him for the performance of his functions under the Hygiene Regulations,
shall be guilty of an offence.
2
Any person who, in purported compliance with any such requirement as is mentioned in sub–paragraph (b) of paragraph (1) —
a
furnishes information which he knows to be false or misleading in a material particular; or
b
recklessly furnishes information which is false or misleading in a material particular,
shall be guilty of an offence.
3
Nothing in sub–paragraph (b) of paragraph (1) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Time limit for prosecutions
16
No prosecution for an offence under these Regulations which is punishable under paragraph (2) of regulation 17 shall be begun after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor,
whichever is the earlier.
Offences and penalties
17
1
Subject to paragraph (4), any person who contravenes or fails to comply with any of the specified Community provisions shall be guilty of an offence.
2
Subject to paragraph (3), a person guilty of an offence under these Regulations shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both.
3
A person guilty of an offence under regulation 15 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
4
A person shall be considered not to have contravened or failed to comply with Article 4(2) of Regulation 852/2004 as read with paragraph 4 of Chapter IV of Annex II to that Regulation (bulk foodstuffs in liquid, granulate or powder form to be transported in receptacles and/or containers/tankers reserved for the transport of foodstuffs) provided the requirements of Schedule 3 are complied with.
Offences by bodies corporate
18
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
In sub–paragraph (a) of paragraph (1) “director”, in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.
Offences by Scottish partnerships
19
Where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he, as well as the partnership shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.
Right of appeal
20
1
Any person who is aggrieved by —
a
a decision of an authorised officer of an enforcement authority to serve a hygiene improvement notice;
b
a decision of an enforcement authority to refuse to issue a certificate under paragraph (6) of regulation 7 or paragraph (8) of regulation 8; or
c
a decision of an authorised officer of an enforcement authority to serve a remedial action notice,
may appeal to a magistrates' court.
2
The procedure on an appeal to a magistrates' court under paragraph (1) shall be by way of complaint for an order, and the Magistrates' Courts Act 1980 shall apply to the proceedings.
3
The period within which an appeal under paragraph (1) may be brought shall be —
a
one month from the date on which notice of the decision was served on the person desiring to appeal; or
b
in the case of an appeal against a decision to issue a hygiene improvement notice, the period specified in sub–paragraph (a) or, if it is shorter, the period specified in the notice pursuant to sub–paragraph (d) of paragraph (1) of regulation 6,
and the making of a complaint for an order shall be deemed for the purposes of this paragraph to be the bringing of the appeal.
Appeals to Crown Court
21
A person who is aggrieved by —
a
the dismissal by a magistrates' court of an appeal to it under paragraph (1) of regulation 20; or
b
any decision of such a court to make a hygiene prohibition order or a hygiene emergency prohibition order,
may appeal to the Crown Court.
Appeals against hygiene improvement notices and remedial action notices
22
1
On an appeal against a hygiene improvement notice or a remedial action notice, the court may cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstances think fit.
2
Where any period specified in a hygiene improvement notice pursuant to sub–paragraph (d) of paragraph (1) of regulation 6 would otherwise include any day on which an appeal against that notice is pending, that day shall be excluded from that period.
3
Any appeal shall be regarded as pending for the purposes of paragraph (2) until it is finally disposed of, is withdrawn or is struck out for want of prosecution.
Application of section 9 of the Food Safety Act 1990
23
Section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations with the modification that it shall apply in relation to an authorised officer of an enforcement authority as it applies in relation to an authorised officer of a food authority.
PART 4
MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
Power to issue codes of recommended practice
24
1
For the guidance of food authorities, the Secretary of State may issue codes of recommended practice as regards the execution and enforcement of the Hygiene Regulations and any such code shall be laid before Parliament after being issued.
2
The Agency may, after consulting the Secretary of State, give a food authority a direction requiring them to take any specified steps in order to comply with a code issued under this regulation.
3
In exercise of the functions conferred on them by or under the Hygiene Regulations, every food authority —
a
shall have regard to any relevant provision of any such code; and
b
shall comply with any direction which is given under this regulation and requires them to take any specified steps in order to comply with such a code.
4
Any direction under paragraph (2) shall, on the application of the Agency, be enforceable by mandatory order.
5
The Agency shall consult the Secretary of State before making an application under paragraph (4).
6
Before issuing any code under this regulation, the Secretary of State shall have regard to any relevant advice given by the Agency.
Protection of officers acting in good faith
25
1
An officer of an enforcement authority is not personally liable in respect of any act done by him —
a
in the execution or purported execution of the Hygiene Regulations; and
b
within the scope of his employment,
if he did that act in the honest belief that his duty under the Hygiene Regulations required or entitled him to do it.
2
Nothing in paragraph (1) shall be construed as relieving any enforcement authority of any liability in respect of the acts of their officers.
3
Where an action has been brought against an officer of an enforcement authority in respect of an act done by him —
a
in the execution or purported execution of the Hygiene Regulations; but
b
outside the scope of his employment,
the authority may indemnify him against the whole or a part of any damages which he has been ordered to pay or any costs which he may have incurred if they are satisfied that he honestly believed that the act complained of was within the scope of his employment.
4
A public analyst appointed by a food authority shall be treated for the purposes of this regulation as being an officer of the authority, whether or not his appointment is a whole–time one.
Revocation and suspension of designations and appointments
26
1
Subject to paragraphs (2) and (3), the Agency may at any time revoke or suspend —
a
the appointment of an official veterinarian;
b
the designation of an approved veterinarian; or
c
the appointment of an official auxiliary,
if it appears to the Agency that the person in question is unfit to perform any of the functions of that post under the Hygiene Regulations.
2
Where the Agency revokes or suspends a designation or appointment under paragraph (1), the Agency shall, as soon as practicable, give to the person whose designation or appointment has been revoked or suspended a notice in writing of the reasons for the revocation or suspension and shall afford him an opportunity of —
a
making representations in writing to the Agency with regard to the revocation or suspension; or
b
being heard by a person nominated by the Agency for the purpose pursuant to sub–paragraph (a) of paragraph (5).
3
A notice given under paragraph (2) shall inform the person to whom it is given —
a
of his right to make representations in writing;
b
of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations may be made;
c
of his right to be heard; and
d
of the manner in which and the time (not being less than 21 days from the giving of the notice) within which he may apply for an opportunity to be heard.
4
In the event of the person whose designation or appointment has been revoked or suspended making any representations (whether orally or in writing) under paragraph (3) the Agency shall reconsider whether that person is unfit to perform any of the functions of the post held by him under the Hygiene Regulations and shall, as soon as practicable, reconsider its decision to revoke or suspend the designation or appointment under paragraph (1) in the light of those representations.
5
Where a person requests the opportunity to be heard pursuant to sub–paragraph (b) of paragraph (2) —
a
the Agency shall nominate a person to determine the matter from the list established under paragraph (6);
b
the person so nominated shall serve a notice on the person requesting the opportunity to be heard and the Agency informing them of the time (not being less than 21 days from the giving of the notice) of the hearing; and
c
the person so nominated shall, within 21 days of the hearing, notify the person requesting the opportunity to be heard and the Agency of his decision.
6
The Agency shall establish and maintain a list of people who may be nominated for the purposes of this regulation and shall consult those organisations appearing to it to represent official veterinarians, approved veterinarians and official auxiliaries before including any person on the list.
Food which has not been produced, processed or distributed in accordance with the Hygiene Regulations
27
1
On an inspection of any food, an authorised officer of an enforcement authority may certify that it has not been produced, processed or distributed in compliance with the Hygiene Regulations.
2
Where any food is certified as mentioned in paragraph (1) it shall be treated for the purposes of section 9 of the Act as failing to comply with food safety requirements.
3
Where any food certified as mentioned in paragraph (1) is part of a batch, lot or consignment of food of the same class or description, all the food in the batch, lot or consignment shall, until it is proved that it has been produced, processed or distributed in compliance with the Hygiene Regulations, be treated for the purposes of paragraph (2) as having been so certified.
Service of documents
28
1
Any document which is required or authorised under the Hygiene Regulations to be served on a food business operator may be served —
a
by delivering it to that person;
b
in the case of an incorporated company or body, by delivering it to their secretary at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office; or
c
in the case of any other food business operator, by leaving it or sending it in a prepaid letter addressed to him at his usual or last known residence.
2
Where a document is to be served on a food business operator under the Hygiene Regulations and it is not reasonably practicable to ascertain the name and address of the person on whom it should be served, or the premises of the food business operator are unoccupied, the document may be served by addressing it to the food business operator concerned in the capacity of occupier of those premises (naming them), and —
a
by delivering it to some other person at the premises; and
b
if there is no other person at the premises to whom it can be delivered, by affixing it or a copy of it to some conspicuous part of the premises.
Bulk transport in sea–going vessels of liquid oils or fats and the bulk transport by sea of raw sugar
29
Schedule 3 (bulk transport in sea–going vessels of liquid oils or fats and the bulk transport by sea of raw sugar) shall have effect.
Temperature control requirements
30
Schedule 4 (temperature control requirements) shall have effect.
Direct supply by the producer of small quantities of meat from poultry or lagomorphs slaughtered on the farm
31
Schedule 5 (direct supply by the producer of small quantities of meat from poultry or lagomorphs slaughtered on the farm) shall have effect.
Restrictions on the sale of raw milk intended for direct human consumption
32
Schedule 6 (restrictions on the sale of raw milk intended for direct human consumption) shall have effect.
Consequential amendments
33
1
In so far as they apply in relation to England, the instruments specified in Schedule 7 are amended to the extent specified there.
2
For Note 3 to Schedule 1 to the Condensed Milk and Dried Milk (England) Regulations 2003 (partly or wholly dehydrated preserved milk products and their reserved descriptions) there is substituted the following Note —
3
The preservation of the designated products shall be achieved —
a
by heat treatment for the products referred to in paragraph 1(a) to (d) of column 1 of this Schedule;
b
by the addition of sucrose for the products referred to in paragraph 1(e) to (g) of column 1 of this Schedule; and
c
by dehydration for the products referred to in paragraph 2 of column 1 of this Schedule.
.
Revocation
34
The Food Hygiene (England) Regulations 2005 are revoked.
Signed by authority of the Secretary of State for Health
Caroline Flint
Parliamentary Under Secretary of State,
Department of Health
9th January 2006


type: legislation

jurisdiction: UK

text:
1
This Scheme may be cited as the M4 Motorway (Theale to Winnersh Section) Connecting Roads Scheme 1968 (Variation) Scheme 2006 and shall come into force on 22nd September 2006.
2
The M4 Motorway (Theale to Winnersh Section) Connecting Roads Scheme 1968 is hereby varied as follows:
i
for the schedule to that Scheme substitute the schedule to this Scheme;
ii
for the definition of “the deposited plan” in article 4 of that Scheme, substitute “means the plan numbered HA16MP/008 marked “The M4 Motorway (Theale to Winnersh Section) Connecting Roads Scheme 1968 (Variation) Scheme 2006” and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA”.
Signed by authority of the Secretary of State for Transport
Peter Wallwork
A Divisional Director Highways Agency
31st August 2006


text:
1
1
These Regulations may be cited as the Lebanon (Technical Assistance, Financing and Financial Assistance) (Penalties and Licences) Regulations 2006 and shall come into force on 11th October 2006.
2
In these Regulations —
“the EC Regulation ” means Council Regulation (EC) No. 1412/2006 of 25 September 2006 ;
“the CEMA 1979 1979 Act ” means the Customs and Excise Management Act 1979 ; and
“customs and excise Acts” and “assigned matter” have the same meanings as in section 1 of the CEMA 1979 1979 Act.
2
A person who, except under the authority of a licence granted under these Regulations, infringes any of the following prohibitions in Article 2 of the EC Regulation —
a
Article 2(a) prohibiting the provision of technical assistance related to military activities and to the provision, manufacture, maintenance and use of arms and related material of all types, directly or indirectly to any person, entity or body in, or for use in, Lebanon; or
b
Article 2(b) prohibiting the provision of financing or financial assistance related to military activities, for any sale, supply, transfer or export of arms and related material, or for any provision of related technical assistance, directly or indirectly to any person, entity or body in, or for use in, Lebanon; or
c
Article 2(c) prohibiting the participation, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in Article 2(a) or (b),
shall be guilty of an offence and may be arrested.
3
1
Authorisation for the activities set out in regulation 2 shall in the United Kingdom be by way of a licence in writing granted by the Secretary of State.
2
If, for the purpose of obtaining a licence, a person —
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular; or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
that person shall be guilty of an offence; and any licence granted in connection with the application for which the false statement was made or the false document or information furnished shall be void as from the time it was granted.
3
A person who, having acted under the authority of a licence granted under these Regulations, fails to comply with any of the requirements or conditions to which the licence is subject shall be guilty of an offence, unless —
a
the licence had been modified by the Secretary of State; and
b
the alleged failure to comply would not have been a failure had the licence not been so modified; and
c
the licence was modified after the doing of the act authorised by the licence.
4
1
A person guilty of an offence under regulation 2, or regulation 3(2) or (3) of these Regulations shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to a fine or to imprisonment for a term not exceeding two years, or to both.
5
1
Where the Commissioners for Her Majesty’s Revenue and Customs investigate or propose to investigate any matter with a view to determining —
a
whether there are grounds for believing that an offence under these Regulations has been committed; or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter.
2
Section 138 of the CEMA 1979 1979 Act (provision as to arrest of persons) shall apply to the arrest of any person for any offences under these Regulations as it applies to the arrest of any person for offences under the customs and excise Acts.
3
Sections 145 to 148 and 150 to 155 of the CEMA 1979 1979 Act (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under these Regulations as they apply to offences and penalties under the customs and excise Acts.
4
Section 77A of the CEMA 1979 1979 Act (provision as to information powers) shall apply to any person concerned in an activity requiring a licence under these Regulations as it applies to any person concerned in exportation of goods for which an entry is required by or under that Act, and accordingly references in section 77A of the CEMA 1979 1979 Act to exportation shall be read as including any activity requiring a licence under these Regulations.
Malcolm Wicks
Minister for Energy
Department of Trade and Industry
9th October 2006


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Court of Protection (Amendment) Rules 2006 and shall come into force on 1st April 2006.
2
In these Rules, a reference to a rule by number alone means the rule so numbered in the Court of Protection Rules 2001 and a reference to the Appendix means the Appendix to those Rules.
Amendments to the Court of Protection Rules 2001
2
1
The Appendix shall be amended in accordance with the following paragraphs of this rule.
2
In column 2, in paragraph 1, for “£240.00” substitute “£250.00”.
3
In column 2, in paragraph 1A, for “£315.00” substitute “£330.00”.
4
In column 2, in paragraph 2(1), for “£240.00” substitute “£250.00”.
5
In column 2, in paragraph 2(2), for “£190.00” substitute “£200.00”.
6
In column 2, in paragraph 2A, for “£100.00” substitute “£105.00”.
7
In column 2, in paragraph 2B, for “£100.00” substitute “£105.00”.
8
In column 2, in paragraph 3(1)(iv), for “£130.00” substitute “£135.00”.
9
In column 2, in paragraph 3(1)(v), for “£130.00” substitute “£135.00”.
10
In column 2, in paragraph 3(1)(vi), for “£130.00” substitute “£135.00”.
11
In column 2, in paragraph 3(2), for “£130.00” substitute “£135.00”.
12
In column 2, in paragraph 3(3), for “£540.00” substitute “£560.00”.
13
In column 2, in paragraph 3(4), for “£200.00” substitute “£210.00”.
14
For paragraph 3(5), substitute —
5
On an application for an order or direction under section 96(1)(b) of the Act ordering or authorising the sale of any land.
£200.00
5A
On an application for an order or direction under section 96(1)(c) of the Act ordering or authorising the purchase of any land.
£250.00
15
In column 2, in paragraph 3(6), for “£170.00” substitute “£175.00”.
16
In column 2, in paragraph 4B, for “£1,000.00” substitute “£1,035.00”.
17
In column 2, in paragraph 4C, for “£4,500.00” substitute “£4,725.00”.
18
In column 2, in paragraph 7(1)(i), for “£885.00” substitute “£915.00”.
19
In column 2, in paragraph 7(1)(ii), for “£290.00” substitute “£300.00”.
20
In column 2, in paragraph 7(2), for “£150.00” substitute “£155.00”.
3
1
For rule 78(1) and (1A), substitute —
1
Paragraphs (1A) to (1D) apply in relation to proceedings for —
a
the appointment of a receiver; or
b
subject to paragraph (1E), a short order or direction to deal with a patient’s property or affairs under rule 8,
until the termination of such proceedings.
1A
An administration fee shall be payable on the first or any subsequent anniversary of any such appointment, short order or direction where that anniversary falls within the period beginning with 1st April 2006 and ending on 31st March 2007.
1B
At the end of the period mentioned in paragraph (1A) above, an administration fee in respect of any such appointment, short order or direction shall be payable on 31st March 2007 and on the same date in each year thereafter.
1C
But in any case the court may direct that an administration fee is payable at any other time during those proceedings or at their termination.
1D
Where the period for which the administration fee is payable is less than one year, the amount of the fee payable shall be such proportion of the full fee as that period bears to one year.
1E
Where the proceedings are terminated less than six months from the date of the short order or the direction mentioned in paragraph (1)(b), the fee payable under paragraph (1B) shall be refunded if it has been paid or, if it has not been paid, it shall cease to be payable.
4
For rule 80A(3)(a) and (b), substitute —
3
Paragraphs (3A) to (3F) apply where an officer of the court has been appointed receiver for a patient until the termination of such proceedings.
3A
A fee as set out in paragraph 4B of the Appendix shall be payable in respect of completing an Inland Revenue tax return on behalf of the patient.
3B
A receivership administration fee as set out in paragraph 4C of the Appendix shall be payable on the first or any subsequent anniversary of any such appointment where that anniversary falls within the period beginning with 1st April 2006 and ending on 31st March 2007.
3C
At the end of the period mentioned in paragraph (3B) above, a receivership administration fee in respect of any such appointment shall be payable on 31st March 2007, and on the same date in each year thereafter.
3D
But in any case the court may direct that a receivership administration fee is payable at any other time during those proceedings or at their termination.
3E
Where the period for which the administration fee is payable is less than one year, the amount of the fee payable shall be such proportion of the full fee as that period bears to one year.
5
In rule 80A(3)(c), for “(c)”, substitute “(3F)”.
6
For rule 82, substitute —
1
Subject to paragraphs (2) and (3), in cases where a receiver has been appointed a winding up fee shall be payable —
a
on the death of a patient; and
b
on every subsequent anniversary of that death.
2
The winding up fee mentioned in paragraph (1)(b) shall be payable until —
a
the date the court receives the grant of representation from the personal representatives of the patient;
b
the date the receiver lodges his final account; or
c
the date the court directs that the final account may be dispensed with as the case may be,
whichever is the later.
3
Where no grant of representation is required, the winding up fee mentioned in paragraph (1)(b) shall be payable until —
a
the date the court receives notification from the person who appears to have a prior right to a grant of administration to the estate of the deceased;
b
the date the receiver lodges his final account; or
c
the date the court directs that the final account may be dispensed with as the case may be,
whichever is the later.
Signed by authority of the Lord Chancellor
Cathy Ashton
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Dated 9th March 2006
We consent
Joan Ryan
Vernon Coaker
Two of the Lord Commissioners of Her Majesty’s Treasury
Dated 9th March 2006


text:
Citation, and commencement
1
1
These Regulations may be cited as the Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2006, and shall come into force on 10th April 2006.
2
In these Regulations —
“the Administration Regulations ” means Child Benefit and Guardian’s Allowance (Administration) Regulations 2003
“the Arrangements Regulations ” means the Child Benefit and Guardian’s Allowance (Administrative Arrangements) Regulations 2003 .
Amendment of the Administration Regulations
2
1
The Administration Regulations are amended as follows.
2
In regulation 2 (interpretation) —
a
in the definition of “appropriate office” —
i
in both paragraphs (a)(i) and (b)(i) for “any Inland Revenue Enquiry Centre” substitute “any Enquiry Centre maintained by the Board”;
ii
at the end add —
c
in relation to child benefit or guardian’s allowance under either of those Acts, as regards the Board, Comben House, Farriers Way, Netherton, Merseyside;
;
b
in the definition of “the Board” for “Commissioners of Inland Revenue” substitute “Commissioners for Her Majesty’s Revenue and Customs”.
3
In regulation 7(3) (evidence and information) for “a child’s birth or adoption” substitute “the birth or adoption of a child or qualifying young person”.
4
In regulation 11(1) and (2) (claims for child benefit treated as claims for guardian’s allowance and vice versa) after —
a
“in respect of a child” (in each place); and
b
“same child” (in each place);
insert “or qualifying young person”.
5
In regulation 19(2) (persons who may elect to have benefit paid weekly) after “a child” insert “or qualifying young person”.
6
In regulation 33(2)(b) (payment to one person on behalf of another) for “or dependant” substitute “or qualifying young person”.
7
In regulation 38(4) (offsetting prior payments of child benefit and guardian’s allowance against arrears payable by virtue of a subsequent determination) —
a
in sub-paragraph (a) for “the child”, in each place where it occurs, substitute “the child or qualifying young person”; and
b
in sub-paragraph (b) for “that child” substitute “that child or qualifying young person”.
Amendment of the Arrangements Regulations
3
1
Amend the Arrangements Regulations as follows.
2
In regulation 2 (interpretation), in the definition of “the Board” for “Commissioners of Inland Revenue” substitute “Commissioners for Her Majesty’s Revenue and Customs”.
3
In regulation 5(3)(b) (recording, verification and holding, and forwarding, of claims etc received by relevant authorities) for “the child in respect of whom” substitute “the child or qualifying young person in respect of whom”.
David Varney
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
1st February 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2006 and shall come into force on 1st April 2006.
2
These Regulations shall apply in relation to any case in which a person first fulfils the conditions of entitlement to a payment under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 on or after the day on which they come into force.
Amendment of Regulations
2
In the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 —
a
for the Schedule to those Regulations substitute the Schedule set out in the Schedule to these Regulations;
b
in regulations 5(1) and 8 (minimum amounts payable to dependant), for the amount “£2,248” substitute the amount “£2,309”; and
c
in regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for the amount “£4,649” (in both places) substitute the amount “£4,775”.
Signed by authority of the Secretary of State for Work and Pensions.
Margaret Hodge
Minister of State,
Department for Work and Pensions
15th March 2006


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Information Sharing Index (England) Regulations 2006 and come into force on the seventh day after the day on which they are made.
2
These Regulations apply in relation to the establishment and operation of one or more information sharing indexes.
3
In these Regulations —
“ the Act ” means the Children Act 2004;
“information sharing index” means any database established or operated, or to be established and operated, under section 12 of the Act;
“specialist or targeted service” means any service which is not normally provided to all persons in a particular age group; and
“the Secretary of State ” means the Secretary of State for Education and Skills except in relation to information provided under section 12(9) of the Act, where a reference to information provided by a Secretary of State is a reference to information provided by any of Her Majesty’s Principal Secretaries of State.
Required disclosure of information to the Secretary of State
2
1
Within twenty-eight days of receiving a request from the Secretary of State, a children’s services authority in England shall provide to the Secretary of State such of the information —
a
referred to in the Schedule to these Regulations; and
b
held by, or on behalf of, that authority,
as is requested.
2
Nothing in this regulation shall be taken as imposing a duty on a children’s services authority in England to create, obtain or disclose information which is not already held by, or on behalf of, that authority at the time of the request.
Permitted disclosure of information by the Secretary of State
3
The Secretary of State may disclose any information disclosed under these Regulations, or information provided by a Secretary of State under section 12(9) of the Act, to a person or body authorised by her to process the information on her behalf.
General provision in respect of disclosure of information
4
Any —
a
disclosure of information under regulation 3; or
b
provision of information by a Secretary of State under section 12(9) of the Act,
may be made notwithstanding any rule of common law which prohibits or restricts the disclosure of information.
Conditions of processing information
5
1
Information disclosed under these Regulations, or information provided by a Secretary of State under section 12(9) of the Act, may only be processed for the purpose of assessing the accuracy and quality of that information.
2
The Secretary of State shall not request information which is excessive in relation to the purpose specified in paragraph (1).
3
Information disclosed under these Regulations, or information provided by a Secretary of State under section 12(9) of the Act, in respect of any person to whom arrangements specified in section 12(1) of the Act relate, may not be processed —
a
to support measures or decisions with respect to that person; or
b
in such a way that substantial damage or substantial distress is, or is likely to be, caused to that person.
Retention of information
6
Information disclosed under these Regulations, or information provided by a Secretary of State under section 12(9) of the Act, may be retained for no more than three years from the date on which the Secretary of State obtained it.
Signatory text
Beverley Hughes
Minister of State
Department for Education and Skills
30th March 2006


text:
Citation and commencement
1
These Regulations may be cited as the Civil Aviation (Safety of Third-Country Aircraft) Regulations 2006 and shall come into force on 30th June 2006.
Interpretation
2
In these Regulations–
“authorised person” means any person authorised by the Secretary of State under regulation 5(1); “the CAA ” means the Civil Aviation Authority;
“competent authority” means an authority that is authorised to regulate civil aviation activities in a State;
“the Directive” means Council Directive 2004/36/CE ;
“European Aviation Safety Agency” means the Agency established by Regulation ( EC ) No. 1592/2002 of the European Parliament and the Council of 15th July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency ;
“international safety standards” has the same meaning as in Article 2(b) of the Directive;
“ramp inspection” means the inspection of an aircraft in accordance with these Regulations;
“ramp inspection report” means a report prepared pursuant to regulation 7(2)(c) setting out the findings of a ramp inspection;
“safety report” means a record of safety information retained by the Secretary of State in accordance with regulation 9(3);
“State aircraft” has the same meaning as in Article 3 of the Convention on International Civil Aviation (Chicago 1944) ;
“State of the operator” has the same meaning as in article 155 of the Air Navigation Order 2005; and
“third-country aircraft” has the same meaning as in Article 2(d) of the Directive.
Application
3
1
Subject to paragraph (2) these Regulations apply to any third-country aircraft that–
a
lands at an aerodrome in the United Kingdom, and
b
is suspected by the Secretary of State of non-compliance with international safety standards.
2
These Regulations shall not apply to a State aircraft.
Performance of ramp inspections etc.
4
The Secretary of State shall ensure that–
a
an aircraft to which these Regulations apply undergoes a ramp inspection; and
b
any ramp inspections or other surveillance measures required pursuant to Article 8(3) of the Directive are performed.
Authorised persons
5
1
The Secretary of State may authorise a person (whether by name, class or description), either generally or in relation to a particular case or class of cases, to perform a ramp inspection or to carry out other surveillance measures.
2
It shall be the duty of an authorised person to perform such an inspection, to carry out such measures, or to do both, as requested or directed by the Secretary of State.
Suspicion of non-compliance with international safety standards
6
In determining whether an aircraft is suspected of non-compliance with international safety standards the Secretary of State shall take into account —
a
information regarding poor maintenance of or obvious damage or defects to an aircraft;
b
reports that an aircraft has performed abnormal manoeuvres since entering the airspace of a member State which give rise to serious safety concerns;
c
safety deficiencies revealed by a previous ramp inspection which give rise to concerns that the deficiencies may not have been corrected and the relevant aircraft does not comply with international safety standards;
d
evidence that the State in which an aircraft is registered may not be exercising proper safety oversight;
e
concerns about the operator of an aircraft which have arisen from–
i
information collected pursuant to regulation 9(1), or
ii
safety deficiencies recorded in a ramp inspection report on any other aircraft used by that operator.
Requirements for the performance of ramp inspections
7
1
It shall be the duty of an authorised person to perform each ramp inspection in accordance with the requirements set out in this regulation.
2
An authorised person shall —
a
make all possible efforts to avoid unreasonable delay to an aircraft as a result of a ramp inspection;
b
perform the ramp inspection activities described in Annex II to the Directive;
c
prepare a report on the findings of each ramp inspection containing the information specified in the “Ramp Inspection Report” in Annex II to the Directive;
d
on completion of a ramp inspection, inform the commander of the aircraft, or a representative of the operator of the aircraft, of the findings of the inspection; and
e
where a ramp inspection reveals that there are significant safety deficiencies on an aircraft inform the Secretary of State.
3
Where a ramp inspection report contains information provided voluntarily by an individual the ramp inspection report shall not reveal his identity.
Duty to inform the operator etc. of significant safety deficiencies
8
Where a ramp inspection has revealed significant safety deficiencies the Secretary of State shall inform:
a
the operator of the aircraft, and
b
the competent authority of the State of the operator and, where necessary, of the State in which the aircraft is registered.
Collection of information
9
1
The Secretary of State shall collect such information as appears to him to be useful for securing the effective enforcement of international safety standards in the Community, which shall include the information described in paragraph (2).
2
The information referred to in paragraph (1) is —
a
significant information relating to aircraft safety, including such information derived from the following sources:
i
pilots' reports,
ii
reports prepared by aircraft maintenance organisations,
iii
reports on reportable occurrences submitted to the CAA pursuant to article 142 of the Air Navigation Order 2005,
iv
complaints made in relation to an aircraft or the operator of an aircraft,
v
any organisation other than a competent authority of any member State;
b
information on actions taken by or on behalf of the Secretary of State following a ramp inspection; and
c
information concerning any actions taken by and the subsequent safety standards of the operator of an aircraft in respect of which a ramp inspection has revealed safety deficiencies.
3
The Secretary of State shall retain a report of any information collected pursuant to paragraph (1) in the form set out in Annex I to the Directive.
Use of reports
10
Where —
a
a safety report indicates that there is a potential safety threat, or
b
a ramp inspection report states that an aircraft does not comply with international safety standards and may pose a potential safety threat
the Secretary of State shall without delay send a copy of the report to the competent authority in each member State and to the Commission.
11
The Secretary of State shall without delay provide a copy of every safety report or ramp inspection report other than a report set out in regulation 10:
a
to the Commission,
b
to the competent authority in each member State at the request of that authority, and
c
to the European Aviation Safety Agency at its request.
Provision of information to competent authorities
12
At the request of the competent authority in a member State the Secretary of State shall provide that authority and the competent authorities in all other member States with:
a
a list of aerodromes in the United Kingdom open to international traffic, and
b
the number of ramp inspections and third-country aircraft movements at each such aerodrome in any year.
Treatment of ramp inspection reports and safety reports
13
1
Where the Secretary of State is in receipt of a report set out in paragraph (2) he may disclose such a report only for the purposes of these Regulations and the Directive and only to:
a
the CAA, or
b
an authorised person.
2
The reports referred to in paragraph (1) are any report prepared by the competent authority in another member State or retained by another member State pursuant to the Directive.
3
Information disclosed by the Secretary of State pursuant to paragraph (1) shall not be disclosed by the CAA, a member or employee of the CAA, or an authorised person to any other person.
Amendment of the Air Navigation Order 2005
14
The Air Navigation Order 2005 shall be amended as follows.
15
After article 144 there shall be inserted:
Power to prevent third-country aircraft taking off
144A
Where it appears to an authorised person that a third-country aircraft:
a
has a safety deficiency and does not comply with international safety standards,
b
would obviously be hazardous to flight safety and
c
is intended or is likely to be flown without completion by the operator of the appropriate corrective action
that authorised person shall give to the person appearing to be in command of the aircraft a direction in writing that he shall not permit the aircraft to take off until further notice and take such steps as may be necessary to detain that aircraft.
Notifying competent authority of the detention of a third-country aircraft
144B
An authorised person shall immediately inform the competent authority of the State of the operator of the detention and, where necessary, of the State in which the aircraft is registered.
Validity of certificate of airworthiness
144C
Where —
a
an aircraft has been prohibited from taking off pursuant to article 144A,
b
the safety deficiency affects the validity of the certificate of airworthiness of the aircraft and
c
the CAA has granted the operator of the aircraft an exemption from the requirement that the aircraft have a valid certificate of airworthiness
an authorised person shall not revoke a direction issued pursuant to article 144A unless he is satisfied that the operator has obtained permission for the flight from all States over which it is intended to fly the aircraft.
Definitions
16
In article 155 of the Air Navigation Order 2005 there shall be added —
a
in the definition of “authorised person”:
d
in article 144A any person authorised by the Secretary of State pursuant to regulation 5 of the Civil Aviation (Safety of Third-Country Aircraft) Regulations 2006 ;
b
after the entry related to “international headquarters”, the following:
“international safety standards” means the safety standards contained in the Chicago Convention as in force from time to time;
c
after the entry related to “tethered flight”, the following:
“third-country aircraft” means any aircraft, other than a State aircraft, which is not used or operated under the control of the competent authority of a member State;“
.
Schedule 14
17
In Part B of Schedule 14 to the Air Navigation Order 2005 there shall be inserted —
a
as the last entry in column 1 “144A” and
b
as the last entry in column 2 “Flight by a third-country aircraft in contravention of a direction not to fly”.
Right of access to aerodromes etc.
18
For the purposes of these Regulations an authorised person may enter upon any aerodrome and may enter and inspect an aircraft to which these Regulations apply.
Signed by authority of the Secretary of State
Gillian Merron
Parliamentary Under Secretary of State
Department for Transport
23rd May 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pension Protection Fund (Provision of Information) (Amendment) Regulations 2006 and shall come into force on 6th April 2006.
2
In these Regulations “the principal Regulations” means the Pension Protection Fund (Provision of Information) Regulations 2005 .
Amendment of regulation 3 of the principal Regulations
2
1
Regulation 3 of the principal Regulations (information to be provided by the Board) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2), for “within the period of 28 days beginning with its receipt of that notice”, substitute “within the period specified in paragraph (12)”.
3
After paragraph (2) insert —
2A
This paragraph applies where the Board receives a notice under section 120(2) from an insolvency practitioner that an insolvency event has occurred in relation to an employer, and —
a
the scheme to which the notice relates is not an eligible scheme; or
b
the section of the segregated scheme to which the notice relates is not an eligible section.
2B
Where paragraph (2A) applies the Board shall within the period specified in paragraph (12) inform —
a
the Regulator;
b
the trustees or managers of that scheme or section of a segregated scheme; and
c
that insolvency practitioner,
that the scheme is not an eligible scheme or, as the case may be, the section is not an eligible section.
.
4
After paragraph (8) add —
9
Where the Board receives —
a
an application under section 129(1) (applications and notifications for the purposes of section 128) from the trustees or managers; or
b
a notice under section 129(4) from the Regulator,
it shall provide the information specified in paragraph (10) to the persons specified in paragraph (11) within the period specified in paragraph (12).
10
The information to be provided under paragraph (9) is —
a
where the scheme is not an eligible scheme, that the scheme is not such a scheme;
b
where the scheme is an eligible scheme, that the scheme is such a scheme and the date on which the assessment period began;
c
where the section of the segregated scheme to which the application or, as the case may be, the notice relates is not an eligible section, that the section of the segregated scheme is not such a section; or
d
where the section of the segregated scheme to which the application or, as the case may be, the notice relates is an eligible section, that the section of the segregated scheme is such a section and the date on which the assessment period began.
11
The persons specified in this paragraph are —
a
the Regulator;
b
the trustees or managers of that scheme or section of a segregated scheme;
c
the employer who is the employer in relation to that scheme or section of a segregated scheme; and
d
the insolvency practitioner in relation to that employer.
12
The Board shall provide the information specified in paragraph (3) or (10) within the period of 28 days beginning with —
a
the date it receives the notice under section 120(2);
b
the date it receives the application under section 129(1);
c
the date it receives the notice under section 129(4);
d
where the Board requires the —
i
Regulator,
ii
insolvency practitioner, or
iii
trustees or managers,
to produce a document or provide information in connection with a notice given under section 120(2) or 129(4) or, as the case may be, an application under section 129(1), the date on which the document is produced to, or the information received by, either the Board or a person authorised by the Board for the purposes of section 191(2)(b) (notices requiring provision of information); or
e
where a person is required to produce a document or provide information in connection with a notice given under section 191(1), the date on which the document is produced to, or the information received by, either the Board or a person authorised by the Board for the purposes of section 191(2)(b).
13
This regulation does not impose any duty on the Board to provide any information to the trustees or managers of a scheme where the address of the trustees or managers has not been provided by the person who referred the notice or application to the Board.
.
Amendment of Schedule 1 to the principal Regulations
3
In the first column of the table in paragraph 1(2) of Schedule 1 to the principal Regulations (information to be provided by the Board), in the tenth row, for “party to matrimonial proceedings or who is contemplating such proceedings”, substitute “party to matrimonial or civil partnership proceedings or who is contemplating such proceedings”.
Amendment of Schedule 2 to the principal Regulations
4
1
Schedule 2 to the principal Regulations (information to be provided by trustees or managers) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 1(1), in the definition of “notification date”, for “in accordance with regulation 3(3)(b)”, substitute “in accordance with regulation 3(3)(b), (10)(b) or (d)”.
3
In the second column of the table in paragraph 1(2), in the first row, at the end of that row in that column add —
e
if applicable, the date he left the employment of the employer in relation to that scheme; and
f
a statement containing a brief description of his illness or injury.
.
4
After the first row insert —
The Board The number of ill health pensions awarded each year for the previous six years immediately before the assessment date. The period of 28 days beginning on the notification date.
.
Amendment of Schedule 3 to the principal Regulations
5
1
Schedule 3 (information to be provided by members and beneficiaries) to the principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
In the second row in the table —
a
in the first column, after “whose marriage ends in divorce”, add “or whose civil partnership is dissolved”;
b
in the second column, for “divorce and a copy of the decree of divorce”, substitute “divorce or dissolution of the civil partnership and a copy of the decree of divorce or dissolution of civil partnership”; and
c
in the third column, after “decree became absolute”, add “ or the civil partnership was dissolved”.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
7th March 2006


text:
Citation and commencement
1
1
This Order may be cited as the Pensions Increase (Review) Order 2006 and comes into force on 10th April 2006.
2
This Order and the existing Orders may be cited together as the Pensions Increase (Review) Orders 1972 to 2006.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1974 Act ” means the Pensions (Increase) Act 1974 ;
“the 1975 Act ” means the Social Security Pensions Act 1975;
“basic rate” and “derivative pension” have the meanings given by section 17(1) of the 1971 Act ;
“the existing Orders” means the Pensions Increase (Annual Review) Order 1972 , the Pensions Increase (Annual Review) Order 1973 , the Pensions Increase (Annual Review) Order 1974 , the Pensions Increase (Annual Review) Order 1975 , the Pensions Increase (Annual Review) Order 1976 , the Pensions Increase (Annual Review) Order 1977 , the Pensions Increase (Annual Review) Order 1978 , the Pensions Increase (Review) Order 1979 , the Pensions Increase (Review) Order 1980 , the Pensions Increase (Review) Order 1981 , the Pensions Increase (Review) Order 1982 , the Pensions Increase (Review) Order 1983 , the Pensions Increase (Review) Order 1984 , the Pensions Increase (Review) Order 1985 , the Pensions Increase (Review) Order 1986 , the Pensions Increase (Review) Order 1987 , the Pensions Increase (Review) Order 1988 , the Pensions Increase (Review) Order 1989 , the Pensions Increase (Review) Order 1990 , the Pensions Increase (Review) Order 1991 , the Pensions Increase (Review) Order 1992 , the Pensions Increase (Review) Order 1993 , the Pensions Increase (Review) Order 1994 , the Pensions Increase (Review) Order 1995 , the Pensions Increase (Review) Order 1996 , the Pensions Increase (Review) Order 1997 , the Pensions Increase (Review) Order 1998 , the Pensions Increase (Review) Order 1999 , the Pensions Increase (Review) Order 2000 , the Pensions Increase (Review) Order 2001 , the Pensions Increase (Review) Order 2002 , the Pensions Increase (Review) Order 2003 , the Pensions Increase (Review) Order 2004 and the Pensions Increase (Review) Order 2005 ;
“official pension” has the meaning given by section 5(1) of the 1971 Act ;
“pension authority” has the meaning given by section 7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act ;
“relevant injury pension”, “substituted pension” and “widow’s pension” have the meanings given by section 17(1) of the 1971 Act.
2
For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act , and the “beginning date” shall be construed accordingly.
3
Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3
1
The pension authority may, if any of the conditions in subsection (2) are fulfilled, increase the annual rate of an official pension in respect of any period on or after 10th April 2006 as follows —
a
a pension beginning before 11th April 2005 may be increased by 2.7 per cent of the basic rate (as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders);
b
a pension beginning on or after 11th April 2005 and before 10th April 2006 may be increased by 2.7 per cent multiplied by
A B
where
A is the number of complete months in the period between the beginning date of the pension and 10th April 2006; and
B is 12.
2
Those conditions are —
a
a qualifying condition is satisfied;
b
the official pension is —
i
a derivative pension;
ii
a substituted pension; or
iii
a relevant injury pension.
Increases in certain lump sums
4
1
This article applies to any lump sum or instalment of a lump sum which became payable on or after 11th April 2005 but before 10th April 2006.
2
The pension authority may increase a lump sum or instalment of a lump sum to which this article applies by 2.7 per cent of the amount of the lump sum or instalment (as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders) multiplied by
A B
where
A is the number of complete months in the period between the beginning date for the lump sum or, if later, 11th April 2005 and the date on which it became payable; and
B is 12.
Reductions in respect of guaranteed minimum pensions
5
The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person —
a
who is entitled to a guaranteed minimum pension on 10th April 2006; and
b
whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises,
be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury otherwise direct, in accordance with the provisions of section 59A of the 1975 Act.
6
The amount by reference to which any increase in the rate of a widow’s or widower’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse to a guaranteed minimum pension, be reduced in accordance with section 59(5ZA) of the 1975 Act.
Signatory text
Dave Watts
Vernon Coaker
Two of the Lords Commissioners
1 Horse Guards Road,
London SW1A 2HQ
14th March 2006


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Derby) Order 2006 and shall come into force on 3rd July 2006.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the City of Derby except —
a
the entire length of the A38 within the city, including its on and off slip roads and all roundabouts;
b
the A52 from the pentagon roundabout to the eastern city boundary including all its on and off slip roads except Wyvern Way;
c
the A5111 from its junction with the A6005 to the roundabout at its junction with London Road and Shardlow Road, but not including such roundabout;
d
the A6, Alvaston Bypass, from its junction with the A5111 to the city boundary;
e
the Etwall Road/Ladybank Road roundabout, Mickleover, including the eastbound slip road to the A516;
f
the entire length of the A50 within the city including its on and off slip roads; and
g
the A516 from its junction with the A38 to the western city boundary, including its on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
S.J. Ladyman
Minister of State
Department for Transport
31st May 2006


text:
Citation and commencement
1
This Order may be cited as the Nurses and Midwives (Parts of and Entries in the Register) Amendment Order of Council 2006 and shall come into force on 1st May 2006.
Amendment of the Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004
2
In the Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004 —
a
in paragraph (2) of article 1 (citation, commencement and interpretation), omit the definitions of “District Nurse and Health Visitor Formulary” and “Extended Formulary”; and
b
in paragraph (2) of article 7 (entries indicating qualifications or competence), for sub-paragraphs (a) to (c) substitute the following sub-paragraphs —
a
as a community practitioner nurse prescriber;
b
as a nurse independent prescriber;
c
as a nurse independent/supplementary prescriber.
.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and extent
1
1
This Order may be cited as the Broadcasting Digital Terrestrial Sound (Technical Service) Order 2006.
2
This Order comes into force on 13th November 2006.
3
This Order does not extend to the Isle of Man .
Specification of technical services
2
In article 2 of the Broadcasting Digital Terrestrial Sound (Technical Service) Order 1998 (service specified as “technical service” for the purpose of section 63(3)(b) of the Broadcasting Act 1996), after “digital sound programme services”, insert “, television licensable content services”.
Shaun Woodward
Minister for Creative Industries and Tourism
Department for Culture, Media and Sport
18th October 2006


text:
1
This Order may be cited as the A38 Trunk Road (Dobwalls Bypass) Order 2006 and shall come into force on 1st September 2006.
2
In this Order-
1
All measurements of distance are measured along the route of the relevant highways:
2
i
“the new main road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
ii
“the new trunk roads” means the main new road and the slip roads;
iii
“the plan” means the plan numbered HA10/MP/057 marked “The A38 Trunk Road (Dobwalls Bypass) Order 2006”, signed by authority of the Secretary of State for Transport and deposited at DCLG-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
iv
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order, and which connect the new main road with other highways at the places stated in that Schedule.
3
The new main road and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that-
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question.
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
Ian Scholey
Divisional Director Major Projects (National) Highways Agency
25th August 2006.


text:
1
This scheme may be cited as the A1 (Motorway) (Bramham to Kirk Deighton Junction and Connecting Roads) Scheme 2006 and shall come into force on 4th January 2007.
2
In this Scheme:
1
all measurements of distance are measured along the route of the relevant highway:
2
i
“connecting road” means a special road along a route described in Schedule 2 to this Scheme;
ii
“the Motorway” means a special road along a route described in Schedule 1 to this Scheme;
iii
“the plan” means the plan folio, containing three site plans bound together and respectively numbered 1 to 3, numbered HA 18/MP/006 , marked “The A1 . . . (Motorway) (Bramham Crossroads to Kirk Deighton and Connecting Roads) Scheme 2006”, signed by authority of the Secretary of State for Transport and deposited at DCLG-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
iv
“the special roads” means the Motorway and each connecting road.
3
The Secretary of State is authorised to provide the special roads for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
4
The centre line of each of the special roads is indicated by a heavy black line on the plan.
5
Each of the special roads shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for Transport
John Bagley
Divisional Director Highways Agency
8th December 2006