text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Water Supply (Water Quality) Regulations 2000 (Amendment) Regulations 2007 and come into force on 22nd December 2007.
2
These Regulations extend to England and Wales.
3
In these Regulations, “the Principal Regulations ” means the Water Supply (Water Quality) Regulations 2000 .
Amendments to the Principal Regulations
2
1
The Principal Regulations are amended as follows.
2
In regulation 1 (citation, commencement and application) —
a
in paragraph (2), for the words before “shall” substitute “This regulation, regulations 2, 40, 41 and 43(1)”.
b
omit paragraph (2B); and
c
for paragraphs (6) and (7), substitute —
6
Parts I to VIII , X and XI of these regulations apply in relation to the supply of water by every —
a
water undertaker whose area is not wholly or mainly in Wales; and
b
licensed water supplier so far as relating to licensed activities not using the supply system of any water undertaker whose area is wholly or mainly in Wales.
7
Part IX of these Regulations applies to local authorities in England, as regards the discharge of functions under that Part, in relation to every —
a
water undertaker whose area is wholly in England;
b
water undertaker whose area is partly in England and partly in Wales, but only in respect of the part in England; and
c
licensed water supplier so far as relating to licensed activities not using the supply system situated in Wales of any water undertaker.
.
3
In regulation 2 (interpretation), in paragraph (1) —
a
for the definition of ““appropriate local authority”, “appropriate Strategic Health Authority” and “appropriate Primary Care Trust”” substitute —
“appropriate local authority”, in relation to —
a departure authorised under regulation 20,
an application for any such authorisation, or
an event specified in regulation 35(6),
means a local authority whose area contains any part of the water supply zone to which the authorisation relates or, in the case of an application, would relate if a departure were authorised in the terms sought, or whose area is affected or is likely to be affected by the event;;
;
b
for the definition of “disinfection” substitute —
“disinfection” means a process of water treatment —
to remove, or
to render harmless to human health,
every pathogenic micro-organism and pathogenic parasite that would otherwise be present in the water; and “disinfected” shall be construed accordingly;;
;
c
in their appropriate places, insert new definitions as follows —
“Health Protection Agency” means the body established under section 1 of the Health Protection Agency Act 2004 ;
,
“National Public Health Service for Wales” means an NHS trust within the meaning of the National Health Service (Wales) Act 2006 if, and in so far as, it has the function of providing services in relation to public health in Wales;
; and
d
omit the definitions of “Primary Care Trust” and “Strategic Health Authority”.
4
In regulation 3 (water supply zones), after paragraph (2) insert —
2A
The water quality within a water supply zone shall be approximately uniform.
.
5
In regulation 4 (wholesomeness), after paragraph (3)(a), insert —
aa
in the case of water supplied in bottles or containers, the point at which the water first emerges from any bottle or container collected from a local distribution point;
.
6
In regulation 8 (authorisation of supply points) —
a
in paragraph (1) —
i
at the beginning, for “The” substitute “Subject to paragraph (1A), the”; and
ii
for “items 7, 8 and 9 to 25” substitute “items 7, 8, 9 to 15 and 17 to 25”;
b
after paragraph (1), insert —
1A
In respect of any water supply zone, the taking of samples from a supply point is not authorised by paragraph (1) where a combined licensee introduces water into the water supply zone unless the water quality within the water supply zone remains approximately uniform.
; and
c
in paragraph (2), for “in relation to any parameter other than a parameter referred to in paragraph (1)” substitute “in relation to any parameter not covered by the authorisation in paragraph (1)”.
7
In regulation 9 (number of samples), omit paragraph (3).
8
In regulation 13 (sampling at treatment works), omit paragraph (3).
9
In regulation 15 (sampling: new sources), at the end, add —
4
Unless the conditions in paragraph (5) are satisfied, a water undertaker or combined licensee shall not supply water from a source mentioned in paragraph (1)(a) for regulation 4(1) purposes until three months have passed following the day on which the water undertaker or combined licensee complied with regulation 28(1) with respect to the source.
5
The conditions are the water undertaker or combined licensee —
a
must supply water from the source as a matter of urgency in order to prevent an unexpected interruption in piped supply to consumers; and
b
before the supply is made, has carried out a risk assessment under regulation 27 specifically with respect to the source.
6
For the purposes of paragraph (5)(b), regulation 27 shall apply for supplies made as a matter of urgency as if “treatment works” includes a source from which untreated water is supplied.
.
10
After regulation 16 (collection and analysis of samples), insert —
PART VA DRINKING WATER PROTECTED AREAS
Drinking water abstraction points: monitoring sites
16A
1
Every water undertaker or combined licensee shall identify every point from which it abstracts water for supply for regulation 4(1) purposes.
2
At every abstraction point, the relevant water undertaker or combined licensee shall take, or cause to be taken such samples, and analyse, or cause to be analysed, those samples for such properties, organisms and substances as it considers necessary in order to comply with regulations 26 to 28.
3
In relation to any abstraction point, the Secretary of State may, by notice served on the relevant water undertaker or combined licensee, require the relevant water undertaker or combined licensee —
a
to take, or cause to be taken such numbers of samples of water per year as may be specified; and
b
to analyse, or cause to be analysed, those samples for such concentrations or values of such properties, organisms and substances as may be specified and at such frequencies as may be specified.
4
The Secretary of State may, by notice served on the relevant water undertaker or combined licensee, revoke or amend a notice served under paragraph (3).
5
Every analysis required under —
a
paragraph (2), in relation to every body of surface water which provides more than 100 cubic metres of water per day as an average, shall be carried out at no less than the following frequencies —
i
4 per year, where the population served by the body of surface water is less than 10,000 people;
ii
8 per year, where the population so served is from 10,000 to 30,000 people; and
iii
12 per year, where the population so served is greater than 30,000 people; and
b
paragraphs (2) and (3) shall be in accordance with such relevant standards as may be specified by the Secretary of State by notice served on the water undertaker or combined licensee.
6
For the purposes of —
a
paragraphs (2) and (3) —
i
“abstraction point” means an abstraction point identified under paragraph (1); and
ii
“relevant water undertaker or combined licensee” means the water undertaker or combined licensee which identified the abstraction point;
b
paragraph (3), “specified” means specified in the notice served under that paragraph; and
c
paragraph (5), “body of surface water” has the meaning given in Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy .
.
11
In regulation 17 (investigations: Schedule 1 parameters), in paragraph (7), for “regulation 35(9)” substitute “regulation 35(6)(a)(iv)”.
12
In regulation 19 (action by the Secretary of State), for paragraph (1)(a) substitute —
a
a notification given in accordance with paragraph (5) of regulation 17 in the circumstances mentioned in paragraph (1) of that regulation (including that paragraph as read with paragraph (3)(a)) discloses —
i
a failure in respect of a parameter specified in Part II of Table A or in Table B in Schedule 1; and
ii
that the failure is not attributable to the domestic distribution system or the maintenance of that system; and
.
13
In regulation 20 (authorisation of temporary supply of water that is not wholesome), in paragraph (4) —
a
for sub-paragraph (b), substitute —
b
the Health Protection Agency;
; and
b
for sub-paragraph (ba), substitute —
ba
where the water supply zone is wholly or partly in Wales, the National Public Health Service for Wales; and
.
14
In regulation 23 (publicity for authorisations), for paragraph (1) substitute —
1
As soon as reasonably practicable after a departure has been authorised, the specified relevant suppliers shall —
a
separately publish, by making accessible, free of charge, on their websites via a hyperlink maintained on their respective homepages for at least 14 days —
i
except in a case to which paragraph (4) of regulation 21 applies, a notice containing a statement of the matters specified in paragraph (3)(a)(ii), (iii), (viii) and (ix) of that regulation; and
ii
in a case to which paragraph (4) of regulation 21 applies, a notice containing a statement of the matters specified in paragraph (3)(a)(ii), (iii) and (ix) of that regulation; and
b
jointly give such other public notice of the authorisation and of its terms and conditions as the Secretary of State may, by notice served on the specified relevant suppliers, reasonably require.
.
15
In regulation 24 (revocation and modification of authorisations), in paragraph (2) —
a
for sub-paragraph (b), substitute —
b
every appropriate local authority;
;
b
for sub-paragraph (c), substitute —
c
the Health Protection Agency;
; and
c
for sub-paragraph (ca), substitute —
ca
where the authorisation relates to a water supply zone which is wholly or partly in Wales, the National Public Health Service for Wales; and
.
16
Omit regulation 25 (interpretation).
17
For regulation 26 (treatment of raw water) substitute —
Disinfection and other treatment arrangements
26
1
Unless the conditions in paragraph (4) are satisfied, before supplying water for regulation 4(1) purposes, a water undertaker or combined licensee shall —
a
disinfect the water; and
b
where necessary, subject the water to sufficient preliminary treatment to prepare it for disinfection.
2
Paragraph (3) applies when any property, organism or substance is present in a water source at a level that may constitute a potential danger to human health.
3
Unless the conditions in paragraph (4) are satisfied, before supplying water for regulation 4(1) purposes using water from any source, a water undertaker or combined licensee shall design and continuously operate an adequate treatment process for water from the source.
4
The conditions are that the water undertaker or combined licensee —
a
must supply water from the treatment works as a matter of urgency in order to prevent an unexpected interruption in piped supply to consumers; and
b
before the supply is made, has taken all necessary steps to inform consumers that the water is not disinfected or adequately treated.
5
For the purposes of this regulation —
a
“adequate treatment process” means a process of blending or purification treatment which —
i
removes, or
ii
renders harmless the value or concentration of,
any property of, organism or substance in, water, so that supplies do not constitute a potential danger to human health;
b
“sufficient preliminary treatment” means the treatment necessary —
i
to remove, or to reduce the value or concentration of, any property or substance which would interfere with disinfection; and
ii
to reduce turbidity to less than one Nephelometric Turbidity Unit; and
c
water is supplied for regulation 4(1) purposes when it leaves a treatment works.
.
18
For regulation 27 (risk assessment for cryptosporidium) substitute —
Risk assessment
27
1
This regulation applies to every treatment works and supply system from which water is supplied for regulation 4(1) purposes.
2
Every water undertaker or combined licensee shall carry out a risk assessment of each of its treatment works and connected supply system in order to establish whether there is a significant risk of supplying water from those works or supply system that would constitute a potential danger to human health.
3
Pursuant to paragraph (2), every water undertaker or combined licensee shall carry out a risk assessment in respect of —
a
each of its treatment works and connected supply system which —
i
was in use on 1st October 2007, and
ii
it expects to use after 1st October 2008,
before 1st October 2008; and
b
any other treatment works and connected supply system, before supplying water from them.
4
Every water undertaker or combined licensee shall keep its risk assessments under review.
5
The Secretary of State may by notice served on a water undertaker or combined licensee require a risk assessment or review to be carried out by a date specified in the notice.
6
Where a water undertaker or combined licensee becomes aware of any factors which make it likely that a risk assessment under this regulation would establish that there is a significant risk of supplying water that would constitute a potential danger to human health, it shall serve a notice on the Secretary of State specifying the relevant factors.
.
19
For regulation 28 (procedure following risk assessment and prohibition of supply) substitute —
Procedure following risk assessment and prohibition of supply
28
1
As soon as reasonably practicable after a water undertaker or combined licensee has carried out a risk assessment or review of such assessment under regulation 27, it shall submit to the Secretary of State a report of the assessment or review.
2
The report shall contain —
a
a description of the methods used to carry out the assessment or review;
b
where the assessment or review establishes that there is no significant risk of supplying water that would constitute a potential danger to human health, a statement confirming this; and
c
where the assessment or review establishes that measures have been taken to remove a significant risk of supplying water that would constitute a potential danger to human health —
i
monitoring data which verifies this; and
ii
details of those measures.
3
Where the assessment or review establishes that there is a significant risk of supplying water that would constitute a potential danger to human health, the report shall —
a
contain a full explanation including details of every property, organism or substance that has been identified as contributing to the risk; and
b
specify the measures that the water undertaker or combined licensee —
i
has made operational as at the date of the report, and
ii
intends to make operational,
to mitigate the risk.
4
Where the Secretary of State has received a report which states that there is or has been a significant risk of supplying water that would constitute a potential danger to human health, he may, by notice served on the water undertaker or combined licensee, require the water undertaker or combined licensee —
a
to maintain such specified measures for such period of time as he considers appropriate to mitigate the risk;
b
to review, revise or make operational such specified measures by such date as he considers appropriate to mitigate the risk;
c
to audit whether the measures have been effective by such means as may be specified;
d
not to supply water for regulation 4(1) purposes from specified treatment works or supply systems, or not to so supply unless specified conditions are satisfied; and
e
to give him such information as he may require to monitor progress towards mitigation of that risk.
5
In paragraph (4), “specified” means specified in the notice served under that paragraph.
6
The Secretary of State may, by notice served on the relevant water undertaker or combined licensee, revoke or amend a notice served under paragraph (4).
.
20
Omit regulation 29 (treatment for cryptosporidium).
21
In regulation 31 (application and introduction of substances and products) —
a
in paragraph (1) —
i
for the definition of “the Directive”, substitute —
“the Directive” means Council Directive 89/106/EEC on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products, as amended from time to time;
;
ii
in the definition of “European technical approval” —
aa
for “ EEA State” substitute “relevant State”; and
bb
at the end, omit “and”; and
iii
at the end, insert —
and
“relevant State” means a state which is a member State or any other state which is an EEA State.
;
b
in paragraph (3) —
i
in sub-paragraph (b), for “EEA State” substitute “relevant State”; and
ii
in paragraph (ii) for “Council Directive 98/34/EC , as amended (which lays down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services)”, substitute “Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society Services, as amended from time to time”; and
c
at the end, add —
13
The Secretary of State may —
a
by notice served on the person who makes an application for approval under paragraph (4)(a), require the person to pay him a charge which reflects the administrative expenses incurred or likely to be incurred by the Secretary of State in connection with the application; and
b
in determining the amount of any such charge, adopt such methods and principles for its calculation as appear to him to be appropriate.
.
22
In regulation 33 (offences) —
a
for paragraphs (1) and (2) substitute —
1
A water undertaker or combined licensee which contravenes regulation 26(1) or (3) or the terms of a notice served under regulation 28(4)(d) shall be guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
2
In any proceedings against a water undertaker or combined licensee for an offence under paragraph (1), it shall be a defence for that water undertaker or combined licensee to show that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.
;
b
omit paragraph (4); and
c
in paragraph (5), omit “certifying the results of an analysis pursuant to regulation 29(15) or”.
23
In regulation 34 (maintenance of records), in paragraph (1)(f) for “and 29” substitute “, 16A and 28”.
24
For regulation 35 (provision of information) substitute —
Provision of information
35
1
Subject to paragraphs (2), (3) and (4), any person may request a relevant supplier to send him a copy of any record maintained by the relevant supplier under regulation 34, and the relevant supplier shall, within seven days of the receipt of the request, send a copy of the record requested to the person.
2
A relevant supplier shall comply with a request under paragraph (1) —
a
in the case of a request relating to a water supply zone, free of charge if the person receives a supply of water in the zone; or
b
in any other case, on payment of such reasonable charge as the relevant supplier may determine.
3
Paragraph (1) does not oblige a relevant supplier to comply with a request which is vexatious.
4
Where a relevant supplier has previously complied with a request which was made by any person, paragraph (1) does not oblige it to comply with a subsequent identical or substantially similar request from that person unless a reasonable interval has elapsed between compliance with the previous request and the making of the subsequent request.
5
A water undertaker shall include in, or append to, at least one of the accounts sent to each customer in any year a statement informing him of his rights under paragraph (1).
6
As soon as possible after an event which, by reason of its effect or likely effect on the water supplied by a relevant supplier, gives rise or is likely to give rise to a significant risk to human health, the relevant supplier shall notify —
a
in every case —
i
every appropriate local authority;
ii
the Health Protection Agency;
iii
the Council; and
iv
the Secretary of State; and
b
in any case where the event gives rise or is likely to give rise to a significant risk to human health in Wales —
i
the National Public Health Service for Wales; and
ii
the Welsh Ministers.
7
Where a person has received a notification under paragraph (6), he may require the relevant supplier to provide him with such further information relating to the event and its consequences as he may reasonably require.
.
25
Omit regulation 36 (publication of information).
26
In regulation 38 (duties of local authorities: supplementary provision), in paragraph (1)(a) for “regulation 35(8)” substitute “regulation 35(6)(a)(i)”.
27
In regulation 43 (revocations of regulations and savings), after paragraph (5), insert —
6
No amendments to these Regulations made by the Water Supply (Water Quality) 2000 (Amendment) Regulations 2007 shall affect any duty on a water undertaker or combined licensee under earlier enactments to compile or maintain records or to make information available on request in respect of any period ending immediately before 22nd December 2007.
.
Further amendments to the Principal Regulations
3
The Schedule has effect.
Transitional provisions
4
1
Where, immediately before these Regulations come into force, any water undertaker or combined licensee is —
a
under a duty to carry out a risk assessment under old regulation 27, for the relevant period that duty shall take effect as if it were a duty to carry out a risk assessment under new regulation 27;
b
under a duty to comply with a requirement in a notice issued under paragraph (3) of old regulation 28, for the relevant period that duty shall take effect as if the notice had been issued under paragraph (5) of new regulation 27;
c
under a duty —
i
to provide a time estimate or to comply with regulation 29 requirements by a certain date under paragraphs (5) to (7) of old regulation 28,
ii
not to supply water or only to supply if taking steps to comply with regulation 29 requirements under paragraph (9) of old regulation 28,
iii
to use the treatment process specified in paragraph (2) of old regulation 29, or
iv
to monitor effectiveness under paragraph (4) of old regulation 29,
for the relevant period that duty shall take effect as if imposed by notice under paragraph (4) of new regulation 28.
2
If immediately before these Regulations come into force the Secretary of State has functions under old regulation 28 with respect to a report of a risk assessment carried out under old regulation 27, his functions under new regulation 28 shall apply with respect to the report as if it had been produced under new regulation 27.
3
For the purposes of this regulation —
a
“old regulation 27”, “old regulation 28” and “old regulation 29” mean the regulations numbered 27, 28 and 29 respectively in the Principal Regulations which are in force immediately before these Regulations come into force;
b
“new regulation 27” and “new regulation 28” mean the regulations numbered 27 and 28 respectively which are inserted into the Principal Regulations by regulation 2(18) and (19);
c
“regulation 29 requirements” has the meaning given in Part VII of the Principal Regulations immediately before these Regulations come into force; and
d
“the relevant period” means the period beginning on the day when these Regulations come into force and ending on 1st January 2009.
Revocation of spent provisions in the Water Supply (Water Quality) (Amendment) Regulations 2001
5
In the Schedule (amendment of the Principal Regulations) to the Water Supply (Water Quality) (Amendment) Regulations 2001 —
a
in paragraph 1(a), omit paragraph (2B); and
b
omit paragraphs 1(b), 2, 6, 8 and 9.
Revocation of spent provisions in the National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc Provisions) Regulations 2002
6
1
The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc Provisions) Regulations 2002 are amended as follows.
2
In Schedule 1 (amendments consequential on Part 1 of the National Health Service Reform and Health Care Professions Act 2002) —
a
omit paragraph 47 (Water Supply (Water Quality) Regulations 1989); and
b
in paragraph 91 (amendments to the Principal Regulations), omit sub‑paragraphs (2)(a), (3)(a) and (c), (4)(a) and (c) and (5).
3
In Schedules 4 (enactments where a definition of Strategic Health Authority is inserted) and 8 (enactments where a definition of Primary Care Trust is inserted), omit the lines referring to the Principal Regulations.
Revocation of spent provisions in the Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005
7
1
The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 are amended as follows.
2
In regulation 3 (amendments to the Principal Regulations in relation to the Consumer Council for Water), omit paragraph (5).
3
In regulation 10 (amendments to the Principal Regulations in relation to water supply licensing) —
a
omit paragraphs (2), (18)(a) and (b), (20) to (23), (29) and (30); and
b
in paragraph (27)(a), omit “(1),”.
Jeff Rooker
Minister of State,
Department for Environment, Food and Rural Affairs
13th September 2007


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Police and Justice Act 2006 (Commencement No. 2, Transitional and Saving Provisions) Order 2007.
2
In this Order —
“the 1996 Act ” means the Police Act 1996 ;
“the 1999 Act ” means the Local Government Act 1999 ;
“the 2002 Act ” means the Police Reform Act 2002 ; and
“the 2006 Act ” means the Police and Justice Act 2006.
Commencement
2
Subject to article 5, section 4 of the 2006 Act (police authorities as best value authorities) shall come into force on 31st March 2007.
3
Subject to articles 6 and 7 the following provisions of the 2006 Act shall come into force on 1st April 2007 —
a
section 1 (national policing improvement agency) and Schedule 1 (national policing improvement agency) other than paragraph 30(3) of that Schedule;
b
section 2 (amendments to the 1996 Act) in so far as it relates to the entries in Schedule 2 (amendments to the 1996 Act) referred to in sub-paragraph (c);
c
paragraphs 16 to 23 and 27 to 29 of Schedule 2;
d
section 6 (consultation with APA and ACPO ) and Schedule 4 (consultation with APA and ACPO);
e
section 7(2) (standard powers and duties of community support officers);
f
section 8 (community support officers: power to deal with truants);
g
section 9 (exercise of police powers by civilians) in so far as it relates to the entry in paragraphs 4 and 5(2)(a) of Schedule 5 (exercise of police powers by civilians);
h
paragraphs 4 and 5(2)(a) of Schedule 5;
i
section 10 (police bail) and Schedule 6 (police bail);
j
section 12 (power to stop and search at aerodromes);
k
section 15 (accreditation of weights and measures inspectors) and Schedule 7 (insertions into the 2002 Act);
l
section 16 (power to apply accreditation provisions);
m
Part 4 (inspectorates) ;
n
section 45 (attendance by accused at certain preliminary hearings) to the extent not already in force and section 46 (live link bail), in the local justice area of Lambeth and Southwark;
o
section 52 (amendments and repeals) in so far as it relates to the entries in Schedules 14 (minor and consequential amendments) and 15 (repeals and revocations) in sub-paragraphs (p) to (t);
p
paragraphs 1, 5, 8, 11, 14, 16, 30, 31, 35, 37, 40, 42 to 46, 48, 52, 58 and 60 of Schedule 14;
q
Part 1(A) (national policing improvement agency) of Schedule 15;
r
in Part 1(B) (other repeals relating to Part 1) of Schedule 15 the entries relating to —
i
sections 6(4), 15(3), 30(3) and (4), 41A and 41B of the 1996 Act;
ii
the Criminal Procedure and Investigations Act 1996 ; and
iii
sections 5 and 96 of the 2002 Act;
s
in Part 1(B) (other repeals relating to Part 1) of Schedule 15 the entries relating to —
i
the Employment Rights Act 1996 ;
ii
the Greater London Authority Act 1999 ;
iii
the Insolvency Act 2000 ;
iv
section 94 of the 2002 Act; and
v
the Courts Act 2003 ;
t
in Part 2 of Schedule 15 (repeals: powers of police etc ) the entries relating to —
i
the Aviation Security Act 1982 ;
ii
the Police and Criminal Evidence Act 1984 ; and
iii
the Criminal Justice Act 2003 .
4
Subject to article 8, the following provisions of the 2006 Act shall come into force on 6th April 2007 in England only —
a
section 26 (anti-social behaviour injunctions);
b
section 27 (injunctions in local authority proceedings: powers of arrest and remand) and Schedule 10 (injunctions in local authority proceedings: powers to remand);
c
section 52 in so far as it relates to the entries in sub-paragraphs (d) and (e);
d
paragraphs 12, 13, 32 and 33 of Schedule 14; and
e
in Part 3 of Schedule 15 (repeals: crime and anti-social behaviour) the entries relating to the Anti-social Behaviour Act 2003 .
Transitional and saving provisions
5
1
Notwithstanding the coming into force of section 4 of the 2006 Act (police authorities as best value authorities), a police authority shall continue to be a best value authority for the purposes of section 6 of the 1999 Act (best value performance plans) in so far as that provision requires the preparation and publication of a best value performance plan for the financial years ending 31st March 2008 and 31st March 2009 which —
a
in accordance with section 6(2)(e) of the 1999 Act states any performance indicators specified by the Secretary of State under section 4(1)(a) of that Act in relation to the authority’s functions; and
b
in accordance with section 6(2)(f) of the 1999 Act summarises the authority’s assessment of its performance in the previous financial year with regard to those performance indicators.
2
A best value performance plan published in accordance with paragraph (1) shall be published in accordance with article 6 (date specified for the publication of plans) of the Local Government (Best Value) Performance Plans and Reviews Amendment and Specified Dates Order 2002 .
6
1
As respects the financial year referred to in paragraph 47(2)(a) of Schedule 1 to the 2006 Act (first financial year), paragraph 5(1) of that Schedule (annual plans) shall have effect as if, for the reference to the beginning of the financial year, there is substituted 1st June 2007.
2
Nothing in the coming into force of Part 1 of Schedule 15 to the 2006 Act and the repeal of paragraph 16 (police information technology organisation accounts) of Schedule 8 to the Police Act 1997 shall affect the duties relating to the statement of accounts of the Police Information Technology Organisation in respect of the financial year ending on 31st March 2007, but that paragraph shall have effect so as to require the statements to be prepared by the National Policing Improvement Agency.
3
Nothing in the coming into force of Part 1 of Schedule 15 to the 2006 Act and the repeal of paragraph 17 (police information technology organisation annual reports) of Schedule 8 to the Police Act 1997 shall affect the duties relating to the annual report of the Police Information Technology Organisation in respect of the financial year ending on 31st March 2007, but that paragraph shall have effect so as to require the report to be prepared by the National Policing Improvement Agency.
4
Nothing in the coming into force of Part 1 of Schedule 15 to the 2006 Act and the repeal of section 95 (central police training and development authority annual reports) of the Criminal Justice and Police Act 2001 shall affect the duties relating to the annual report of the Central Police Training and Development Authority in respect of the financial year ending on 31st March 2007, but that section shall have effect so as to require the report to be prepared by the National Policing Improvement Agency.
5
Nothing in the coming into force of Part 1 of Schedule 15 to the 2006 Act and the repeal of paragraph 26 (central police training and development authority accounts) of Schedule 4 to the Criminal Justice and Police Act 2001 shall affect the duties relating to the statement of accounts of the Central Police Training and Development Authority in respect of the financial year ending on 31st March 2007, but that paragraph shall have effect so as to require the report to be prepared by the National Policing Improvement Agency.
7
Notwithstanding the coming into force of the repeal of the entries in Schedule 15 to the 2006 Act set out in article 3(s) the legislation repealed shall continue to have effect until —
a
31st March 2008 to the extent it relates to Schedule 2 to the 1996 Act; and
b
2nd July 2008 to the extent it relates to Schedules 2A, 3 and 3A to the 1996 Act .
8
1
Notwithstanding the coming into force of section 26 of the 2006 Act and the substitution of section 153A of the Housing Act 1996 (anti-social behaviour injunction) made by that section and the amendments to that Act made by paragraphs 32 and 33 of Schedule 14 to the 2006 Act, such substitution, such amendments and the related repeal of section 13(4)(b) of the Anti-social Behaviour Act 2003 made in Part 3 of Schedule 15, shall not have effect in relation to any application for an injunction by a relevant landlord (other than a relevant Welsh landlord) made before 6th April 2007.
2
Notwithstanding the coming into force of paragraphs 12 and 13 of Schedule 14 to the 2006 Act which amend section 82A of the Housing Act 1985 (demotion because of anti-social behaviour) and section 121A of that Act (order suspending the right to buy because of anti-social behaviour) such amendments shall not have effect in relation to any application for a demotion order or a suspension order made by a landlord (other than a relevant Welsh landlord) made before 6th April 2007.
3
Notwithstanding the coming into force of Part 3 of Schedule 15 to the 2006 Act and the repeal of section 91 of the Anti-social Behaviour Act 2003 (proceedings under section 222 of the Local Government Act 1972: power of arrest attached to injunction) such repeal shall not have effect in relation to any proceedings to which a local authority is a party that have been commenced before 6th April 2007.
Tony McNulty
Minister of State
Home Office
6th March 2007


text:
Citation and commencement
1
This Order may be cited as the Disability Discrimination Code of Practice (Providers of Post 16 Education) (Revocation) Order 2007 and shall come into force on 1st July 2007.
Revocation
2
Subject to article 3, the Disability Discrimination Act 1995 Code of Practice for Providers of Post 16 Education and related services (DRC reference COPP16July2002) is revoked .
Transitional provision
3
The Code of Practice referred to in article 2 is to continue to have effect for the purposes of section 53A(8A) of the Disability Discrimination Act 1995 in relation to any proceedings (whenever commenced) arising from a complaint alleging that a person has, before 1st July 2007, committed an act which is unlawful discrimination for the purposes of any provision of Chapter 2 of Part 4 of that Act.
Andrew Adonis
Parliamentary Under Secretary of State
Department for Education and Skills
22nd May 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lincolnshire Partnership National Health Service Trust (Transfer of Trust Property) Order 2007 and shall come into force on 1 st November 2007.
2
In this Order —
“the old Trust” means the Lincolnshire Partnership National Health Service Trust ;
“the new Trust” means the Lincolnshire Teaching Primary Care Trust; and
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of both the old Trust and the new Trust on 24 th May 2007.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference in relation to the trust property to the trustees of the trust property or to the old Trust shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
Ben Bradshaw
Minister of State
Department of Health
16th September 2007


text:
Citation and commencement
1
1
This Order may be cited as the Liberia (Restrictive Measures) (Overseas Territories) (Amendment) Order 2007 and shall come into force on 9 th February 2007.
2
In this Order “ the Order ” means the Liberia (Restrictive Measures) (Overseas Territories) Order 2004 .
Amendment of the Order
2
The Order, as previously amended by the Liberia (Restrictive Measures) (Overseas Territories) (Amendment) Order 2004 is hereby amended: —
1
Article 7 of the Order shall be deleted.
2
In Article 17(1) of the Order the words “article 3(1), 4(3), 5, 6(2), 7(2), 8(3), 8A, 8B(9) or 8C” shall be replaced by “article 3(1), 4(3), 5, 6(2), 8(3), 8A, 8B(9) or 8C”.
3
In paragraph 1 of Schedule 2 to the Order the words “article 3(1), 4(3), 5, 6(2), 7(2), 8(3), 8A, 8B(9) or 8C” shall be replaced by “article 3(1), 4(3), 5, 6(2), 8(3), 8A, 8B(9) or 8C”.
Christine Cook
Deputy Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the General Teaching Council for England (Registration of Teachers) (Amendment) Regulations 2007 and come into force on 31 st July 2007.
Amendment of S.I. 2000/2176
2
After regulation 4 of the General Teaching Council for England (Registration of Teachers) Regulations 2000 insert —
Service of notice of Council’s decision on application
4A
The Council shall serve notice on an applicant for registration of its decision to grant or refuse the application and, in the case of a refusal, of the grounds on which the decision was taken and, where applicable, of the applicant’s right to appeal against the decision under regulation 4B.
Appeals against refusal of registration on grounds of suitability
4B
Any person aggrieved by a decision made on relevant grounds to refuse an application made by him for registration under section 3 of the 1998 Act has the right of appeal against that decision to the High Court within 28 days from the date on which notice of the decision is served on him.
Jim Knight
Minister of State
Department for Education and Skills
27th June 2007


text:
1
These Regulations may be cited as the Air Navigation (Restriction of Flying) (Nuclear Installations) Regulations 2007 and come into force on 1st August 2007.
2
The Regulations specified in the First Schedule are revoked.
3
1
This regulation applies to each of the nuclear installations specified in Column 1 of the Second Schedule, each of which for the purpose of this regulation is taken to comprise an area bounded by a circle of the radius specified in Column 2 of that Schedule opposite its name and centred on the position specified in Column 3 of the Schedule.
2
Subject to regulations 4 to 13, no aircraft is to fly over a nuclear installation to which this regulation applies below the height above mean sea level specified in Column 4 of the Second Schedule opposite its name.
4
1
Regulation 3 does not prohibit at a nuclear installation specified in paragraph (2), flight for the purpose of landing at or taking off from the helicopter landing area at the installation with the permission of the person in charge of the installation and in accordance with any conditions to which that permission is made subject.
2
Paragraph (1) applies to the nuclear installations at Aldermaston, Barrow-in-Furness, Berkeley, Bradwell, Burghfield, Chapelcross, Dungeness, Hartlepool, Harwell, Heysham, Hunterston, Hinkley Point, Oldbury, Sellafield, Sizewell, Springfields, Torness, Trawsfynydd and Wylfa.
5
Regulation 3 does not prohibit at the nuclear installation at Devonport —
a
flight by a helicopter for the purpose of landing at or taking off from HM Naval Base Plymouth Weston Mill Lake Helicopter Landing Site with the permission of Flag Officer Sea Training and in accordance with any conditions to which that permission is made subject; or
b
flight by a helicopter for the purpose of landing at or taking off from any ship within the Devonport Dockyard with the permission of Flag Officer Sea Training and in accordance with any conditions to which that permission is made subject.
6
Regulation 3 does not prohibit at the nuclear installation at Dungeness, flight by an aircraft which has taken off from or intends to land at London Ashford (Lydd) Airport flying in accordance with normal aviation practice which remains at least 1.5 nautical miles from the position specified in Column 3 of the Second Schedule.
7
Regulation 3 does not prohibit at the nuclear installation at Hinkley Point, flight by a helicopter flying within the Bridgewater Bay Danger Area with the permission of the person in charge of that Area and in accordance with any conditions to which that permission is made subject which remains at least 1 nautical mile from the position specified in Column 3 of the Second Schedule.
8
Regulation 3 does not prohibit at the nuclear installation at Rosyth, flight within the route notified as the Kelty Lane for the purpose of making an approach to land at, or a departure from, Edinburgh Airport.
9
Regulation 3 does not prohibit at the nuclear installation at Springfields —
a
flight at a height of not less than 1,670 feet above mean sea level for the purpose of landing at Blackpool Airport; or
b
flight in airspace lying south of a straight line drawn from 534644N 0024454W to 534513N 0025044W for the purpose of landing at or taking of from Warton Aerodrome.
10
Regulation 3 does not prohibit at the nuclear installation at Wylfa, flight at a height of not less than 2000 feet above ground level whilst operating under and in accordance with a clearance from the air traffic control unit at RAF Valley.
11
Regulation 3 does not prohibit at the nuclear installation at Bradwell, flight at a height of not less that 1500 feet above mean sea level whilst conducting an instrument approach procedure at London Southend Airport.
12
Regulation 3 does not prohibit at the nuclear installation at Hartlepool, flight at a height of not less than 1800 feet above mean sea level whilst conducting an instrument approach procedure at Durham Tees Valley Airport.
13
Regulation 3 does not prohibit at the nuclear installation at Coulport/Faslane —
a
flight by a helicopter for the purpose of landing at or taking off from HM Naval Base Clyde Helicopter Landing Site with the permission of the Naval Base Commander Clyde and in accordance with any conditions to which that permission is made subject; or
b
flight by a helicopter for the purpose of landing at or taking off from any ship within the HM Naval Base Clyde with the permission of the Naval Base Commander Clyde and the Queen’s Harbour Master for Faslane and in accordance with any conditions to which that permission is made subject.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
5th July 2007


text:
Citation and commencement
1
This Order may be cited as the Immigration, Asylum and Nationality Act 2006 (Data Sharing Code of Practice) (Revocation) Order 2007 and shall come into force on 31st December 2007.
Revocation
2
The Immigration, Asylum and Nationality Act 2006 (Data Sharing Code of Practice) Order 2007 is revoked.
Signed by authority of the Secretary of State
Liam Byrne
Minister of State
Home Office
5th December 2007
Claire Ward
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
Treasury
3rd December 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Sale and Repurchase of Securities (Modification of Schedule 13 to the Finance Act 2007) Regulations 2007, shall come into force on 1st October 2007, and shall have effect in relation to arrangements that come into force on or after that day.
2
Paragraph 14(6) of Schedule 13 to the Finance Act 2007 applies for the purpose of determining the time at which an arrangement is in force.
3
In these Regulations —
“non-standard repo case” shall be construed in accordance with paragraph 15(2) of Schedule 13;
“redemption arrangements” shall be construed in accordance with paragraph 15(6) of Schedule 13;
“Schedule 13” means Schedule 13 to the Finance Act 2007.
Non-standard repo cases: substitution of securities
2
1
In a non-standard repo case where —
a
condition B is met in relation to the repo (see paragraph 15(4) of Schedule 13), and
b
securities (“the substituted securities”) are substituted for other securities,
Schedule 13 applies with the modifications specified in paragraph (2).
2
Paragraphs 2 (meaning of debtor repo), 6 (ignoring sale and subsequent purchase for purposes of chargeable gains: debtor repos), 7 (meaning of creditor repo) and 11 (ignoring purchase and subsequent sale for purposes of chargeable gains: creditor repos) of Schedule 13 apply as if any references in any of those paragraphs to “securities or similar securities” (however expressed) included a reference to the substituted securities.
Redemption arrangements: modifications of Schedule 13
3
1
In a case involving redemption arrangements —
a
paragraphs 2 (meaning of debtor repo) and 3 (meaning of debtor quasi-repo) of Schedule 13 apply with the modifications specified in paragraphs (2) and (3), and
b
paragraphs 7 (meaning of creditor repo) and 8 (meaning of creditor quasi-repo) of Schedule 13 apply with the modifications specified in paragraphs (4) and (5).
2
Any reference in paragraphs 2 and 3 to an arrangement that makes provision conferring a right or imposing an obligation on the borrower to buy securities at any subsequent time shall be treated as if it included a reference to an arrangement under which the borrower has the right or obligation to receive an amount equivalent to the proceeds of redemption of the securities.
3
Any reference in paragraphs 2 and 3 to the buying of securities extinguishing the financial liability in respect of the advance recorded in the accounts of the borrower in accordance with generally accepted accounting practice shall be treated as if it included a reference to a payment of an amount equivalent to the proceeds of redemption of the securities extinguishing the financial liability in respect of the advance recorded in the accounts of the borrower in accordance with generally accepted accounting practice.
4
Any reference in paragraphs 7 and 8 to an arrangement that makes provision conferring a right or imposing an obligation on the lender to sell securities at any subsequent time shall be treated as if it included a reference to an arrangement under which the lender has the right or obligation to pay the proceeds of redemption of the securities to any person.
5
Any reference in paragraphs 7 and 8 to the subsequent sale of securities extinguishing the financial asset in respect of the advance recorded in the accounts of the lender in accordance with generally accepted accounting practice shall be treated as if it included a reference to the payment of an amount equivalent to the proceeds of redemption of the securities extinguishing the financial asset in respect of the advance recorded in the accounts of the lender in accordance with generally accepted accounting practice.
Redemption arrangements: consequences for tax in respect of chargeable gains
4
1
In a case where paragraph 2 of Schedule 13 applies with the modifications specified in regulation 3, sub-paragraphs (3) to (5) of paragraph 6 of Schedule 13 apply as if those sub-paragraphs provided that, in such a case, the borrower shall be treated for the purposes of tax in respect of chargeable gains as having disposed of the securities transferred by him to the lender under the arrangement —
a
on the occasion of the redemption of the securities, and
b
for an amount equivalent to the proceeds of redemption.
2
In a case where paragraph 7 of Schedule 13 applies with the modifications specified in regulation 3, sub-paragraphs (3) to (5) of paragraph 11 of Schedule 13 apply as if those sub-paragraphs provided that, in such a case, the lender shall be treated for the purposes of tax in respect of chargeable gains as having acquired the securities transferred to him under the arrangement —
a
on the occasion of the redemption of the securities, and
b
for an amount equivalent to the proceeds of redemption.
Steve McCabe
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
30th August 2007


text:
Citation and commencement
1
1
This Order may be cited as the District of Newark and Sherwood (Electoral Changes) Order 2007.
2
This Order comes into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2007, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2007.
Interpretation
2
In this Order —
“district” means the district of Newark and Sherwood;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
“map” means the map marked “Map referred to in the District of Newark and Sherwood (Electoral Changes) Order 2007”, of which prints are available for inspection at the principal office of the Electoral Commission: and any reference to a numbered sheet is a reference to the sheet of the map which bears that number;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 ; and
“registration officer” means an officer appointed for the purpose of, and in accordance with, section 8 of the Representation of the People Act 1983.
Wards of the district of Newark and Sherwood
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-five wards which shall be named as set out in column (1) of the Schedule.
3
Each ward shall comprise the area described in column (2) of the Schedule by reference to parishes and parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines.
4
The number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Balderton
4
1
The existing wards of the parish of Balderton shall be abolished.
2
The parish shall be divided into three wards which shall be named Balderton North, Balderton South and Balderton West.
3
Each ward shall comprise the area designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for Balderton West ward shall be eight, for Balderton North ward shall be seven and for Balderton South ward shall be three.
Wards of the parish of Coddington
5
1
The parish of Coddington shall be divided into two wards which shall be named Coddington East and Coddington West.
2
Each ward shall comprise the area designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for Coddington East ward shall be nine and for Coddington West ward shall be one.
Wards of the parish of Newark
6
1
The existing wards of the parish of Newark shall be abolished.
2
The parish shall be divided into five wards which shall be named Beacon, Bridge, Castle, Devon and Magnus.
3
Each ward shall comprise the area designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for Beacon ward shall be six and for each of Bridge, Castle, Devon and Magnus wards shall be three.
Wards of the parish of Southwell
7
1
The existing wards of the parish of Southwell shall be abolished.
2
The parish shall be divided into three wards which shall be named Southwell East, Southwell North and Southwell West.
3
Each ward shall comprise the area designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each ward shall be five.
Map
8
Newark and Sherwood District Council shall make a print of the map available for inspection at its offices by any member of the public at any reasonable time.
Electoral register
9
The registration officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Sealed with the seal of the Electoral Commission on the 25th day of January 2007
Sam Younger
Chairman of the Commission
25th January 2007
Peter Wardle
Chief Executive to the Commission
25th January 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment (No. 2) Regulations 2007 and shall come into force on 1st October 2007.
2
In these Regulations “the principal Regulations” means the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 .
Amendment of Schedule 1 to the principal Regulations
2
1
In Part I of Schedule 1 to the principal Regulations (list of prescribed diseases and the occupations for which they are prescribed), the entry relating to prescribed disease A11 shall be amended as follows.
2
For the entry in the first column substitute —
A11
a
Intense blanching of the skin, with a sharp demarcation line between affected and non-affected skin, where the blanching is cold-induced, episodic, occurs throughout the year and affects the skin of the distal with the middle and proximal phalanges, or distal with the middle phalanx (or in the case of a thumb the distal with the proximal phalanx), of —
i
in the case of a person with 5 fingers (including thumb) on one hand, any 3 of those fingers, or
ii
in the case of a person with only 4 such fingers, any 2 of those fingers, or
iii
in the case of a person with less than 4 such fingers, any one of them or, as the case may be, the one remaining finger,
where none of the person’s fingers was subject to any degree of cold-induced, episodic blanching of the skin prior to the person’s employment in an occupation described in the second column in relation to this paragraph, or
b
significant, demonstrable reduction in both sensory perception and manipulative dexterity with continuous numbness or continuous tingling all present at the same time in the distal phalanx of any finger (including thumb) where none of the person’s fingers was subject to any degree of reduction in sensory perception, manipulative dexterity, numbness or tingling prior to the person’s employment in an occupation described in the second column in relation to this paragraph,
where the symptoms in paragraph (a) or paragraph (b) were caused by vibration.
.
3
In the entry in the second column, in sub-paragraph (a), for “in forestry” substitute “on wood”.
Transitional provision
3
1
Regulation 2 shall not apply to a question relating to the blanching of a claimant’s fingers where —
a
the question arises in connection with a period of assessment which relates to a claim which is made —
i
before the commencement date, or
ii
within 3 months after the commencement date in respect of a period which began before the commencement date, or
b
a person suffers from an attack of a disease and under regulation 7 of the principal Regulations (recrudescence) the attack is a recrudescence of a disease for which a claim was made before the commencement date or within 3 months after the commencement date in respect of a period which began before the commencement date.
2
For the purposes of this regulation —
a
“commencement date” means the date on which these Regulations come into force; and
b
a period of assessment which begins on the day following the end of a preceding period of assessment, shall be treated as a continuation of the preceding period of assessment.
Signed by authority of the Secretary of State for Work and Pensions.
Jim Murphy
Minister of State,
Department for Work and Pensions
19th June 2007