text:
PART 1 Introduction
Title, commencement and application
1
1
This Order may be cited as the Avian Influenza (H5N1 in Wild Birds) (England) Order 2006.
2
This Order comes into force on 30th December 2006.
3
This Order applies in relation to England only.
Interpretation
2
1
In this Order —
“avian influenza” means an infection of birds caused by an influenza A virus of the subtypes H5 or H7 or with an intravenous pathogenicity index in six-week old birds greater than 1.2;
“the Avian Influenza Order ” means the Avian Influenza and Influenza of Avian Origin in Mammals (England) (No.2) Order 2006 ;
“bird by-product” means entire bodies or parts of birds or products of avian origin not intended for human consumption included in Articles 4, 5 or 6 of Regulation (EC) No. 1774/2002 ;
“the Chief Veterinary Officer” means the Chief Veterinary Officer of the Department for Environment, Food and Rural Affairs;
“controlled meat” means any fresh meat, minced meat, meat preparation, mechanically separated meat or meat product which has not undergone a heat treatment at a minimum temperature of 70°C (which must be reached throughout the meat) derived from poultry or wild game birds originating from within a wild bird control area;
“day-old chicks” means poultry less than 72 hours old which have not yet fed and muscovy ducks ( Cairina moschata ) and their crosses less than 72 hours old, whether or not fed;
“designated” means designated in accordance with article 13, except where the context otherwise requires, and “undesignated” is construed accordingly;
“fresh meat” means meat that has not undergone any preserving process other than chilling, freezing or quick-freezing, including meat that is vacuum wrapped or wrapped in a controlled atmosphere;
“H5N1” means the avian influenza virus of the H5 subtype and the neuraminidase N1;
“hatching egg” means an egg for incubation laid by any poultry;
“keeper” means any person responsible for birds or animals, whether on a permanent or temporary basis, but does not include a person responsible for them solely because he is transporting them;
“meat preparation” means fresh meat, including meat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone processes insufficient to modify the internal muscle fibre structure of the meat and thus to eliminate the characteristics of fresh meat;
“meat product” means a processed product resulting from the processing of meat or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat;
“mechanically separated meat” means the product obtained by removing meat from flesh-bearing bones after boning, using mechanical means resulting in the loss or modification of the muscle fibre structure;
“minced meat” means boned fresh meat that has been minced into fragments and contains less than 1% salt;
“occupier” means, in relation to any premises, the person in charge of those premises;
“other captive bird” means a bird kept in captivity excluding poultry, pet birds, sentinel birds placed by the Secretary of State for the purpose of surveillance and research activities and birds kept in the following establishments —
zoos, within the meaning of the Avian Influenza (Preventive Measures) (England) Regulations 2006 ;
circuses;
amusement parks; and
laboratories;
“outbreak point” has the meaning given by article 6(1);
“pet bird” means a bird, other than poultry, reared or kept in captivity as a pet;
“poultry” means a bird reared or kept in captivity for the production of meat or eggs for consumption, or for the production of other products, for restocking supplies of game or for the purposes of any breeding programme for the production of such categories of birds;
“premises” includes any land, building or other place;
“processed fresh meat” means any minced meat, meat preparation or mechanically separated meat;
“Regulation (EC) No. 853/2004 ” means Regulation ( EC ) No. 853 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin, as amended at the date this Order is made ;
“Regulation (EC) No. 1774/2002 ” means Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption, as amended at the date this Order is made ;
“slaughterhouse” means premises used for slaughtering poultry, the meat of which is intended for human consumption;
“vehicle” includes —
a trailer, semi-trailer or other thing which is designed or adapted to be towed by another vehicle,
a detachable part of a vehicle,
a container or other structure designed or adapted to be carried by or on a vehicle;
“wild bird” means a bird that is not poultry or any other captive bird;
“wild bird control area” means a wild bird control area declared under article 5(2) or 5(3) ;
“wild bird monitoring area” means a wild bird monitoring area declared under article 5(2) or 5(3) ;
“wild game bird” means a bird which lives freely in the wild and is hunted for human consumption.
Declarations and notices
3
1
A declaration of a wild bird control area or a wild bird monitoring area under this Order —
a
must be in writing;
b
may be amended or revoked by further declaration;
c
must designate the extent of the area being declared;
d
must list or refer to the measures which apply in the area and, if they apply only in part of the area, specify to which part they apply.
2
Notices issued under this Order —
a
may be amended or revoked, by further notice, at any time;
b
must, if they apply to only part of premises, specify to which part they apply.
3
The Secretary of State must ensure that the extent of any wild bird control area or wild bird monitoring area declared under this Order, the nature of the restrictions and requirements applicable within it and the dates of its declaration and revocation are publicised.
Licences
4
1
No person shall grant a licence under this Order for the movement of any poultry, other captive bird, hatching egg, controlled meat or bird by-product unless he has taken account of the relevant risk assessment.
2
In paragraph (1), “the relevant risk assessment” means the Secretary of State’s assessment of the risk that the particular movement or a movement of that type would spread avian influenza.
3
Licences granted under this Order —
a
must be in writing;
b
may be general or specific;
c
may be made subject to such conditions as the person granting the licence considers necessary to control the spread of avian influenza; and
d
may be amended, suspended or revoked, in writing, at any time.
4
Licences granted in Scotland or Wales for activities that could be licensed in England under this Order have effect in England as if they were licences granted under this Order, but an inspector acting under the direction of the Secretary of State may serve a notice on any person moving any thing under the authority of such a licence, requiring him to move it to and keep it on premises specified in the notice or move it out of England.
5
A person moving anything under the authority of a specific licence granted under this Order must —
a
keep the licence or a copy of it with him at all times during the licensed movement;
b
on demand by a local authority inspector, veterinary inspector or another officer of the Secretary of State, produce the licence or copy and allow a copy or extract of it to be taken; and
c
on such demand, provide his name and address.
6
A person moving anything under the authority of a general licence granted under this Order must —
a
keep with him, at all times during the licensed movement, a consignment note that contains details of —
i
what is moved (including its quantity);
ii
the date of the movement;
iii
the name of the consignor;
iv
the address of the premises from which the movement started;
v
the name of the consignee; and
vi
the address of the premises of destination;
b
on demand by a local authority inspector, a veterinary inspector or other officer of the Secretary of State, produce the consignment note and allow a copy or extract to be taken; and
c
on such demand, provide his name and address.
7
Unless the Secretary of State directs otherwise in a declaration of a wild bird control area or a wild bird monitoring area or by notice to the occupier of any premises or to the owner or occupier of any vehicle, any movement that has already started when such a declaration comes into force may be completed.
PART 2 Confirmation or suspicion of H5N1
Confirmation or suspicion of H5N1 in wild birds
5
1
This article applies if the Chief Veterinary Officer advises the Secretary of State that —
a
the avian influenza virus of the H5 subtype is present in a wild bird or the carcase of a wild bird in Great Britain; and
b
either —
i
she suspects that the neuraminidase may be N1; or
ii
the neuraminidase has been confirmed as N1.
2
If the wild bird or carcase was found in England, the Secretary of State must declare —
a
a wild bird control area; and
b
a wild bird monitoring area.
3
If the wild bird or carcase was found in Scotland or Wales —
a
subject to sub-paragraphs (b) and (c), the Secretary of State may declare a wild bird control area or a wild bird monitoring area;
b
the Secretary of State must declare a wild bird control area if the wild bird or carcase was found within three kilometres of the border with England;
c
the Secretary of State must declare a wild bird monitoring area if the wild bird or carcase was found within ten kilometres of the border with England.
4
Paragraphs (2), (3)(b) and (3)(c) do not apply if the Secretary of State is satisfied, pursuant to a risk assessment, that —
a
H5N1 is not present in poultry, other captive birds or wild birds in the area which would otherwise be declared as the wild bird monitoring area; and
b
the infected wild bird or carcase did not present a risk of spreading that virus to such birds in that area.
5
The risk assessment under paragraph (4) must take into account any geographical and ecological considerations.
6
An area remains a wild bird control area until —
a
the Secretary of State amends the declaration made under paragraph (2)(a), (3)(a) or (3)(b) so that the area within its boundaries becomes part of the wild bird monitoring area; or
b
the Secretary of State revokes the declaration.
7
An area remains a wild bird monitoring area until the Secretary of State revokes the declaration made under paragraph (2)(b), (3)(a) or (3)(c).
8
Subject to paragraph (9), premises which are only partly in a wild bird control area or a wild bird monitoring area are deemed to be wholly within that area.
9
Premises which are partly in a wild bird control area and partly in a wild bird monitoring area are deemed to be wholly in the wild bird control area.
Extent of wild bird control and monitoring areas
6
1
A wild bird control area must —
a
be centred on the place where the wild bird or carcase referred to in article 5(1) was found (“the outbreak point”); and
b
have a boundary which is at least three kilometres from the outbreak point.
2
A wild bird monitoring area must —
a
be centred on the outbreak point; and
b
have a boundary which is at least ten kilometres from the outbreak point.
3
The Secretary of State must take into account the following factors in deciding the extent of any wild bird control area or wild bird monitoring area —
a
the geographical features of the proposed areas;
b
any administrative boundaries;
c
any limnological factors;
d
any ecological factors;
e
any epizootic factors;
f
monitoring facilities; and
g
any other factor he considers relevant.
4
Paragraphs (5) and (6) apply if the Secretary of State is satisfied, having carried out a risk assessment, that due to natural barriers or the absence of suitable habitats for wild birds, there is sufficient protection of poultry and other captive birds in the area that would otherwise be declared to be the wild bird control area.
5
The wild bird control area may have a boundary which is at least one kilometre from the outbreak point.
6
Where the outbreak point is less than one kilometre away from the bank of a river or the shore of a lake or coast, the wild bird control area may be an area of land which —
i
has a width of one kilometre from that bank or shore; and
ii
is at least three kilometres in length
7
The risk assessment under paragraph (4) must take account of the factors listed in paragraph (3).
8
If the Secretary of State declares a wild bird control area of the dimensions provided for under paragraph (5) or (6), the wild bird monitoring area must be of such size and shape as the Secretary of State considers necessary to prevent the spread of avian influenza.
9
A wild bird control area or a wild bird monitoring area declared under article 5(3) must be of such size and shape as the Secretary of State considers necessary to prevent the spread of avian influenza.
10
If an area declared in accordance with this article would otherwise include land in Scotland or Wales, the Secretary of State must declare an area of such part of that land as is in England.
Wild bird or carcase found within a protection zone or surveillance zone
7
If the wild bird or carcase referred to in article 5(1) is found within a protection zone or surveillance zone declared under article 28 of the Avian Influenza Order, the Secretary of State must, when declaring a wild bird control area and a wild bird monitoring area, consider, on the basis of a risk assessment, whether the control and monitoring areas should include part or all of the protection or surveillance zone.
Measures applicable in a wild bird control area or monitoring area
8
1
The measures in Schedule 1 apply in respect of a wild bird control area including movements from that area.
2
The measures in Schedule 2 apply in respect of a wild bird monitoring area including movements from that area.
3
The biosecurity measures in Schedule 3 apply in respect of a wild bird control area and a wild bird monitoring area.
4
Where the conditions in paragraph (5) are fulfilled, the Secretary of State may —
a
amend the declaration of the wild bird control area so that some or all of the measures listed in paragraphs 1 to 16 of Schedule 1 no longer apply in respect of that area; and
b
amend the declaration of the wild bird monitoring area so that some or all of the measures listed in Schedule 2 no longer apply in respect of that area.
5
The conditions are —
a
a risk assessment indicates that the disapplication of the measure in that wild bird control area or wild bird monitoring area would not endanger disease control;
b
there has been no outbreak of H5N1 in poultry or other captive birds in either of those areas;
c
the wild bird control area or wild bird monitoring area has been established for at least 21 days; and
d
the Secretary of State does not suspect there is avian influenza in poultry or other captive birds within either of those areas.
6
When carrying out a risk assessment under paragraph (5)(a) the Secretary of State must take account of the factors listed in article 6(3).
7
Paragraph (4)(b) does not apply in relation to the measures in paragraphs 4 and 6 of Schedule 2 where the Secretary of State has amended the declaration of a wild bird control area so that it has become part of the wild bird monitoring area before 21 days have elapsed from the date the sample was collected from the wild bird or carcase in accordance with article 12(1)(a).
8
Paragraph (9) applies if —
a
at the time of its establishment, a wild bird control area or a wild bird monitoring area centred on the same outbreak point overlaps with a surveillance zone declared under article 28 of the Avian Influenza Order;
b
that surveillance zone is subsequently ended by a declaration ; and
c
a risk assessment indicates that the disapplication in that wild bird control area of the measure or the article referred to in paragraph (9) would not endanger disease control.
9
The Secretary of State may amend the declaration of the wild bird control area so that —
a
any of the measures listed in Schedule 1; or
b
article 11,
do not apply in respect of that wild bird control area.
Additional measures
9
1
In his declaration of a wild bird control area or a wild bird monitoring area, the Secretary of State must impose such additional measures as he considers necessary to reduce the risk of the spread of avian influenza.
2
When deciding what measures to impose under paragraph (1), the Secretary of State must consider whether measures are necessary —
a
to prevent direct or indirect contact which wild birds might otherwise have with poultry and other captive birds;
b
to reduce the risk of feed and water provided to poultry and other captive birds being contaminated with the avian influenza virus or with any virus that causes avian influenza; and
c
to reduce the risk of the spread of avian influenza between premises.
3
The additional measures referred to in paragraph (1) include requirements that —
a
poultry or other captive birds are housed or otherwise kept separate from wild birds;
b
poultry or other captive birds or categories of such birds specified in the declaration are housed or otherwise kept separate from other poultry and captive birds ;
c
poultry or other captive birds are provided with feed and water to which wild birds have no access;
d
keepers of poultry and other captive birds and others who come into contact with such birds cleanse and disinfect their footwear and take such other biosecurity measures as a veterinary inspector or an inspector acting under the direction of a veterinary inspector may require.
Restrictions relating to things moved from Scotland, Wales or Northern Ireland
10
1
Measures in this Order that apply in respect of any thing moved from a wild bird control area or a wild bird monitoring area apply in respect of any such thing moved from an equivalent area in Scotland, Wales or Northern Ireland.
2
Paragraph (1) only applies if the person to whom the measure applies is aware, or should reasonably have been aware, that the thing moved is from such an equivalent area.
Duty to inspect poultry premises
11
1
Subject to article 8(9), the Secretary of State must ensure that —
a
premises where poultry are kept within the wild bird control area or the wild bird monitoring area are identified as soon as is reasonably practicable; and
b
a veterinary inspector visits all premises where poultry are kept within the wild bird control area as often as the Secretary of State considers necessary to monitor the possible spread of avian influenza.
2
Every veterinary inspector making such a visit must —
a
carry out a clinical inspection of poultry and any other captive birds that are on the premises and, if he is directed by the Secretary of State, collect samples for laboratory examination ; and
b
assess the extent to which the biosecurity measures referred to in Schedule 3 are being applied.
Maintenance of areas
12
1
If the Chief Veterinary Officer advises the Secretary of State that the avian influenza virus of subtype H5 present in the wild bird or carcase referred to in article 5(1)(a) is of neuraminidase N1, the Secretary of State must not —
a
amend any declaration made under article 5 so that the wild bird control area becomes part of the wild bird monitoring area until at least 21 days have elapsed from the date on which the sample showing the presence of the H5 virus was collected from that wild bird or carcase except where the conditions in paragraph (2) are fulfilled; or
b
revoke any declaration made under article 5 until at least 30 days have elapsed from that date.
2
The conditions referred to in paragraph (1)(a) are —
a
the Secretary of State has carried out an assessment of the risk of the possible spread of avian influenza, taking into account the factors listed in article 6(3), which indicates that the amendment of the declaration would not endanger disease control;
b
the Secretary of State has identified premises where poultry are kept within the wild bird control area in accordance with article 11(1)(a); and
c
a veterinary inspector has carried out at least one visit to each of those premises in accordance with article 11(1)(b) and the results of any laboratory tests carried out on samples taken from poultry or other captive birds on those premises in accordance with article 11(2)(a) have not given rise to the service of a notice under article 10(1) of the Avian Influenza Order.
3
Where the Secretary of State amends a declaration so that a wild bird control area becomes part of the wild bird monitoring area before 21 days have elapsed from the date referred to in paragraph (1)(a), the declaration of the wild bird monitoring area may also be amended so that the size and shape of that area is varied, provided that the area remains of a size required under article 6(5) or (6).
4
If the Chief Veterinary Officer advises the Secretary of State that in her opinion the avian influenza virus of subtype H5 present in the wild bird or carcase referred to in article 5(1)(a) is not of neuraminidase N1, the Secretary of State must revoke any declaration made under article 5 without delay.
PART 3 Miscellaneous
Designation of premises to which things may be moved
13
1
Unless the Secretary of State directs otherwise by notice to the occupier of the premises, the following premises are deemed to be designated for the purpose of receiving poultry, eggs or bird by-products (as the case may be) which are moved in accordance with this Order —
a
premises that are designated under article 71 of the Avian Influenza Order;
b
premises that are deemed to be designated under article 4(7) of that Order; and
c
the following plants, if approved under regulation 14 of the Animal By-Products Regulations 2005 —
i
incineration plants;
ii
processing plants;
iii
oleochemical plants;
iv
biogas plants;
v
composting plants;
vi
petfood plants; and
vii
technical plants.
2
Plants referred to in paragraph (1)(c) in Scotland, Wales or Northern Ireland which are designated respectively by the Scottish Ministers, the National Assembly or by the Department for Agriculture and Rural Development of Northern Ireland for the same purposes as they are deemed to be designated under this Order are deemed to be designated for the purposes of this Order.
General duties relating to execution of this Order
14
1
Any person required to give reasonable assistance or information to a person executing this Order must, unless he has reasonable cause, do so without delay.
2
The occupier of any premises from or to which he wishes any thing to be moved under licence under this Order must allow an inspector or any person authorised by the Secretary of State to enter those premises for the purposes of deciding whether such a licence should be granted or maintained.
3
No person may provide information which he knows to be false or misleading to a person executing this Order.
4
No person may deface, obliterate or remove any mark applied by an inspector under this Order except with the written authority of a veterinary inspector.
Record keeping
15
1
A person moving poultry, other captive birds or their products under a licence granted under this Order must —
a
as soon after the movement as is reasonably practicable, make a record of —
i
what is moved, including its quantity;
ii
the date of the movement;
iii
the name of the consignor;
iv
the address of the premises from which the movement started;
v
the registration number of any vehicle used;
vi
the name of the consignee;
vii
the address of the destination; and
b
retain it for at least six weeks from the date the movement was completed.
2
A person who is required under this Order to make any other record must retain it for at least twelve months from the date the record is made.
3
A person required to produce a record by a person executing this Order must do so without delay.
4
On production of the record, the person executing this Order may —
a
copy the record, in whatever form it is held;
b
require any computer record to be produced in a form which can be taken away; and
c
remove any record and retain it until he has carried out his functions under this Order.
Duty to comply with declarations, licences and notices
16
1
Any person to whom any requirement in a declaration, licence, notice or designation under this Order applies must —
a
comply with the requirement (unless otherwise authorised by licence); and
b
comply with any reasonable requests which an inspector may make to him to ensure that the requirement is met.
2
The costs incurred by any person in taking any action required, or in refraining from taking action prohibited, by or under this Order must be met by that person unless the Secretary of State directs otherwise in writing.
Change of occupation of premises under restriction
17
1
This article applies if the keeper of any poultry or other captive bird is unable to move the poultry or other captive bird from premises on the termination of his right of occupation because of a movement restriction imposed by or under this Order and continues to apply for seven days after any such restriction has been removed.
2
The person entitled to occupation of the premises on termination of the keeper’s right of occupation must —
a
provide such facilities for feeding, tending or otherwise using the poultry or other captive bird (including selling it) as the keeper may reasonably require; and
b
allow entry to the premises to that keeper and any person authorised by him at reasonable times for feeding, tending or otherwise using the poultry or other captive bird.
3
If the keeper is unable or unwilling to feed or tend the poultry or other captive bird, the person entitled to occupation of the premises must take such steps as are necessary to ensure it is properly fed and tended.
4
The keeper is liable to pay the reasonable costs incurred by any person feeding or tending it, or providing facilities for feeding, tending or otherwise using it in accordance with this article.
Cleansing and disinfection
18
1
Any person who is required under this Order to carry out disinfection at any premises or of any thing must —
a
use disinfectants approved by the Secretary of State under the Diseases of Animals (Approved Disinfectants) Order 1978 (“the Disinfectants Order”) for use under the Avian Influenza Order;
b
use them at the concentrations approved under the Disinfectants Order; and
c
use them —
i
in accordance with the manufacturer’s instructions (if any); or
ii
if a veterinary inspector has instructed otherwise, in accordance with those instructions.
2
Where cleansing and disinfection of vehicles is required at any premises under this Order, the occupier of those premises must provide adequate facilities and proper equipment and materials for that cleansing and disinfection.
Designated areas and periods for the inspection of vehicles
19
The following are designated for the purposes of section 65A (inspection of vehicles) of the Animal Health Act 1981 —
a
any wild bird control area for the duration of its existence; and
b
any wild bird monitoring area for the duration of its existence.
Disapplication of measures to those executing or enforcing this Order
20
Provisions in this Order which prohibit or restrict the movement or use of any thing do not apply to the following in their execution of the Order —
a
the Secretary of State;
b
the local authority;
c
any other person authorised by the Secretary of State or the local authority to execute this Order.
Veterinary investigations and marking
21
1
An inspector performing functions under this Order who enters any premises or inspects any vehicle may —
a
mark, or cause to be marked, for identification purposes any bird, mammal, carcase or other thing;
b
count birds and mammals;
c
take samples from any bird, mammal, carcase or other thing;
d
take with him such people and things as he considers necessary.
2
Any person who enters premises under paragraph (1)(d) may return unaccompanied to take any further steps necessary to carry out the relevant function.
General powers of inspectors
22
1
An inspector may, when performing his functions under this Order, require by notice the person in charge of any vehicle or equipment to cleanse and disinfect it.
2
A veterinary inspector or an inspector acting under his direction may, when performing his functions under this Order —
a
cleanse and disinfect any part of premises or any thing on those premises;
b
require, by notice, the occupier of any premises to cleanse and disinfect any part of those premises or any thing on those premises;
c
require, by notice, the occupier of any premises or the keeper of any poultry or other captive bird —
i
to keep or isolate any poultry, other captive bird or animal in a specified place;
ii
to separate any poultry, other captive bird or animal from any other animal or bird;
d
require, by notice, the occupier of any premises or the person in charge of any thing to detain or isolate any vehicle, equipment or other thing.
Powers of inspectors in case of default
23
1
If any person fails to comply with a requirement under this Order an inspector may take any steps he considers necessary to ensure the requirement is met or to prevent the spread of avian influenza at the expense of that person.
2
An inspector’s powers under paragraph (1) include powers to —
a
require, by notice, any person to take or refrain from specified action in respect of any place, animal, bird, vehicle, or other thing;
b
seize and detain any thing.
Offences by bodies corporate
24
1
If an offence under this Order committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer; or
b
to be attributable to negligence on his part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.
3
“Officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
Enforcement
25
1
These Regulations must be enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or to a particular case, that he will enforce this Order instead.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
5th December 2006


type: legislation

jurisdiction: UK

text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Local Government Pension Scheme (Amendment) (No. 2) Regulations 2006.
2
These Regulations apply in relation to England and Wales .
3
These Regulations shall come into force on 1st October 2006, but —
a
the amendment made by regulation 16 has effect from 29th March 2006;
b
the amendment made by regulation 5 has effect from 1st April 2006; and
c
the amendments made by regulations 3, 4, 6, 7, 8, 9, 10, 11, 15, 17 and 18 have effect from 6th April 2006.
4
In these Regulations, “the principal Regulations ” means the Local Government Pension Scheme Regulations 1997 .
Amendment of Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 15 and 17 of these Regulations.
High earners
3
1
In regulation 11A(1), for the words “where a member’s pay” substitute “to a member who was subject to regulation 16(1) immediately before 6th April 2006 and whose pay”.
2
In regulation 11A(2), omit the words “entitlement to any”.
3
For regulation 11A(3), substitute —
3
That formula is (M times 105,600 divided by P) + T, where M is his period of membership after 5th April 1989 and before 6th April 2006 (excluding any membership credited by virtue of a transfer under regulation 121), P is his pay as mentioned in paragraph (1), and T is the aggregate of his period of membership before 6th April 1989 and any membership credited by virtue of a transfer under regulation 121.
.
Limit on total amount of benefits
4
In regulation 19A(1) at the end insert “except in accordance with guidance issued by the Government Actuary”.
Calculations
5
1
In regulation 20, for paragraph (3B) substitute —
3B
But the total amount of the member’s retirement grant, including any sum received —
a
in accordance with an election under paragraph (3A);
b
as benefits provided in the form of a lump sum in accordance with regulation 64; or
c
as additional lump sum benefits in accordance with regulation 66,
shall not exceed 25% of the capital value of his accrued rights.
.
2
In regulation 20(3C), for the words “made by him” substitute “made by or for him”.
3
After regulation 20(3D), insert —
3E
In paragraph (3A), “member” includes a deferred member to whom regulations 4 and 18A of the Local Government Pension Scheme (Transitional Provisions) Regulations 1997 (Deferred members and pensioners: general) applies.
3F
A member may make an election under paragraph (3A) in respect of his pension, or any part thereof, payable by virtue of an election under regulation 66 (Elections as to use of accumulated value of AVCs) notwithstanding any provision to the contrary in the former provisions of regulation 66 treated as continuing to have effect under paragraph (8) of that regulation.
.
Requirements as to time of payment
6
In regulation 35(1A), after the words “such benefits may”, insert “,with his employer’s consent,”.
Children’s long-term pensions
7
In regulation 46(7), at the end insert “or of his pension before any commutation under regulation 20(3A), whichever is the greater”.
Power of employing authority to increase total membership
8
In regulation 52(11), for the words “1st October 2006” substitute “1st April 2008”.
Retirement benefits
9
Omit regulation 64(6).
Elections as to use of accumulated value of AVCs
10
Omit regulation 66(6).
Employer’s further payments
11
In regulation 80(5), for the words “or 31(6)” substitute “31(6) or 35(1A)”.
Statements of policy concerning exercise of discretionary functions
12
In regulation 106, after the words “regulation 31 (early leavers)”, insert “,35 (requirements as to time of payment)”.
Right to count credited period
13
In regulation 122, in paragraphs (6C) and (6D), for the words “1st October 2006” substitute “1st April 2008”.
Credited periods for transferring members with mis-sold pension rights
14
In regulation 122A(1), at the end of paragraph (1) add “(and regulation 122(6C) does not apply to a transfer value credited under this regulation)”.
Councillor members
15
In Schedule 8, after paragraph 20(2), insert —
2A
A councillor member in respect of whom a benefit crystallisation event occurs on or after 6th April 2006 may elect in writing to the appropriate administering authority before any benefits become payable to increase the retirement grant payable under paragraph (3) by commuting his pension, or a part thereof, at a rate of £12 for every £1 of annual pension entitlement surrendered.
2B
But the total amount of the member’s retirement grant, including any sum received in accordance with an election under paragraph (3A), shall not exceed 25% of the capital value of his accrued rights.
2C
For the purposes of this regulation, a member’s accrued rights include rights accrued in respect of any payments made by him in accordance with Chapter IV of Part III (Additional Voluntary Contributions).
2D
The capital value of a member’s accrued rights shall be calculated as shown in guidance issued by the Government Actuary.
.
Amendment of the Local Government Pension Scheme (Amendment) Regulations 2006
16
Omit regulation 42 of the Local Government Pension Scheme (Amendment) Regulations 2006 .
Transitional provisions and savings
17
The Schedule to the Local Government Pension Scheme (Amendment) Regulations 2006 (Transitional provisions and savings) shall be amended as follows —
a
for “2013” in paragraph 2, in both places where it occurs, substitute “2016”;
b
for “1st October 2006” in paragraphs 2(b), 3(d) and 5(3) substitute “1st April 2008;
c
in paragraph 5(1), after “member” insert “who was an active member before 1st October 2006”;
d
after paragraph 5 insert —
6
1
This paragraph applies to a member who retires, having reached the age of 60, on or after 1st April 2016 and before 1st April 2020, and who would (but for the provisions of paragraphs 1 and 2) have satisfied the 85 year rule before the latter date.
2
That part of his retirement pension and grant which is calculated by reference to any period of membership after 31st March 2008 shall be reduced in accordance with guidance issued by the Government Actuary.
.
Right to opt out
18
1
Where —
a
apart from this regulation, the amendments made by these Regulations would place any relevant beneficiary in a worse position that he would otherwise be, and
b
that relevant beneficiary so elects by notice in writing given to the appropriate administering authority within the period of six months beginning with 1st October 2006,
then the principal Regulations shall have effect in relation to him as if those amendments had never been made.
2
For the purposes of paragraph (1), a relevant beneficiary is a person to whom any benefit is or may become payable being a benefit payable to or in respect of a person who —
a
ceased to hold any employment in respect of which he was a member (whether or not he had subsequently recommenced any such employment), or
b
dies while in such employment,
before —
i
1st April 2006, in respect of amendments made by regulation 5;
ii
6th April 2006, in respect of amendments made by regulations 3, 4, 6, 7, 8, 9, 10, 15, 17 and 18; and
iii
1st October 2006, in respect of amendments made by regulations 11, 12, 13 and 14.
Signed by authority of the Secretary of State
Angela Smith
Parliamentary Under Secretary of State
Department for Communities and Local Government
24th July 2006


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Act 1998 (Commencement No. 14) Order 2006.
2
In this Order, “the 1998 Act ” means the Social Security Act 1998.
Appointed day
2
The day appointed for the coming into force of section 67 of the 1998 Act (daily rate of maternity allowance) is 1st October 2006, in respect of women whose expected week of confinement falls on or after 1st April 2007.
Signed by authority of the Secretary of State for Work and Pensions.
Philip A Hunt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
4th September 2006


text:
Citation, commencement and extent
1
1
This Order may be cited as the Wireless Telegraphy (Limitation of Number of Spectrum Access Licences) Order 2006 and shall come into force on 7th August 2006
2
This Order shall not extend to the Channel Islands or to the Isle of Man.
Limitation of licences
2
1
OFCOM will grant one, two, three or four wireless telegraphy licences for the use of the frequency band 412.0 megahertz to 414.0 megahertz and the frequency band 422.0 megahertz to 424.0 megahertz.
2
The criteria for determining the number of licences to be granted for the use of these frequency bands and the persons to whom the licences will be granted shall be determined by OFCOM using the procedure set out in the Wireless Telegraphy (Licence Award) ( No. 2) Regulations 2006 .
Stephen Carter
Chief Executive of the Office of Communications For and by authority of the Office of Communications
7th July 2006


text:
Citation and interpretation
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No.15) Order 2006.
Commencement
2
The following provisions of the Criminal Justice Act 2003 come into force on 8th January 2007 —
a
section 50 (application of Part 7 to Northern Ireland), in so far as it applies to applications under section 44 (jury tampering) and trials ordered under section 44 or 46 (discharge of jury because of jury tampering);
b
section 331 (further minor and consequential amendments) in so far as it relates to the provisions referred to in paragraph (c); and
c
in Schedule 36 (minor and consequential amendments)
i
Part 4, in so far as not already in force; and
ii
paragraphs 91 ( in so far as not already in force), 92(1) to (5) and (7) and 93.
Scotland of Asthal, Q.C.
Minister of State
Home Office
19th December 2006


text:
Citation and commencement
1
This Order may be cited as the Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2006 and shall come into force on 7th September 2006.
Amendment of the Capital Allowances (Energy-saving Plant and Machinery) Order 2001
2
1
The Capital Allowances (Energy-saving Plant and Machinery) Order 2001 is amended as follows.
2
In article 2 (interpretation) for the definitions of “Energy Technology Criteria List” and “Energy Technology Product List” substitute —
“the Energy Technology Criteria List” means the list dated 24 th July 2006 and issued by the Secretary of State for the Environment, Food and Rural Affairs on 2 nd August 2006;
“the Energy Technology Product List” means the list dated 24 th July 2006 and issued by the Secretary of State for the Environment, Food and Rural Affairs on 2 nd August 2006.
.
3
In Article 3(2) omit class (d).
Claire Ward
Kevin Brennan
Two of the Lords Commissioners of Her Majesty’s Treasury
16th August 2006


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Shropshire) Order 2006 and shall come into force on 27th November 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 County of Shropshire except —
a
the entire length of the M54 within the County, including its on and off slip roads and the roundabout at junction 3;
b
the A5 from its junction with the A458 Welshpool Road to the eastern County boundary, including all on and off slip roads; and
c
the A5 from the roundabout at Felton Butler to the roundabout at the junction with the B4396;
d
all roads over land owned by the Ministry of Defence other than highways within the County.
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
G. Merron
Parliamentary Under Secretary of State
Department for Transport
24th October 2006


text:
Citation
1
This Order may be cited as the Traffic Management Act 2004 (Commencement No.3) (England) Order 2006.
Commencement of provisions
2
Section 94 of the Traffic Management Act 2004 shall come into force as respects England on 29th September 2006.
Signed by authority of the Secretary of State for Transport
G. Merron
Parliamentary Under Secretary of State,
Department for Transport
29th June 2006


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment) Regulations 2006.
2
These Regulations shall come into force on 6th April 2006.
Amendments to the Social Security (Contributions) Regulations 2001
2
The Social Security (Contributions) Regulations 2001 are amended as follows.
3
Amend regulation 10 (earnings limits and thresholds) as follows —
a
for “2005” substitute “2006”;
b
in paragraph (a) for “£82” substitute “£84”;
c
in paragraph (b) for “£630” substitute “£645”; and
d
in paragraphs (c) and (d) for “£94” substitute “£97”.
4
Amend regulation 11(3) (prescribed equivalents) as follows –
a
in paragraph (a) for “£408” substitute “£420”; and
b
in paragraph (b) for “£4,895” substitute “£5,035”.
Vernon Coaker
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
24th January 2006


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Railways (Access to Training Services) Regulations 2006 and shall come into force on 10th April 2006.
2
These Regulations do not apply to —
a
the tunnel system as defined in section 1(7) of the Channel Tunnel Act 1987 ; or
b
Northern Ireland.
Interpretation
2
1
In these Regulations —
“the Council Directive ” means Directive 2004/49/ EC dated 29th April 2004 on safety on the Community’s railways of the European Parliament and of the Council;
“infrastructure manager”, “railway system” and “railway undertaking” have the meanings given by article 3 of the Council Directive;
“safety certificate” and “safety critical task” have the same meanings as in the Safety Regulations ; and
“the Safety Regulations” means the Railways and Other Guided Transport Systems (Safety) Regulations 2006 .
2
Any other words and expressions used both in these Regulations and in the Council Directive shall have the same meaning as in that Directive.
Scope
3
1
These Regulations do not apply to training services provided —
a
in relation to the railway systems described in paragraph (2); or
b
by the operators of such systems.
2
Those systems are —
a
metros, trams and other light rail systems;
b
networks that are functionally separate from the rest of the railway system and intended only for the operation of local, urban or suburban passenger services; or
c
privately owned railway infrastructure that exists solely for use by the infrastructure owner for its own freight operations.
Access to training services
4
1
A railway undertaking applying for a safety certificate in accordance with Part 2 of the Safety Regulations is entitled to fair and non-discriminatory access to training services for train drivers and staff accompanying the trains, whenever such training is necessary for the fulfilment of requirements to obtain that safety certificate.
2
The services offered under paragraph (1) must include training on —
a
necessary route knowledge;
b
operating rules and procedures;
c
the signalling and control command system; and
d
emergency procedures,
in respect of the routes operated.
3
An infrastructure manager is, and those of his staff performing safety critical tasks are, entitled to fair and non-discriminatory access to training services.
4
If the training services to which access is granted under this regulation are available only through the services of one single railway undertaking or infrastructure manager, that railway undertaking or infrastructure manager must make those services available to other railway undertakings or, as the case may be, infrastructure managers, at a reasonable and non-discriminatory price, which is cost-related and may include a profit margin.
5
For the purpose of ensuring that training, qualifications and experience acquired by a member of staff of a railway undertaking can be taken into account by another railway undertaking to whom application for employment as a train driver, on-board staff or staff performing safety critical tasks is made by that staff member, that staff member must be granted access to all documents attesting to his relevant training, qualifications and experience, and is entitled to have copies of such documentation.
6
For the purposes of this regulation, the entitlement to access to training services includes the right of access to such facilities as form a part of those training services, including where such facilities do not form part of a railway system.
Appeal to the regulatory body
5
1
Any —
a
railway undertaking;
b
infrastructure manager;
c
staff of an infrastructure manager performing safety critical tasks; or
d
employee of any railway undertaking,
who is denied the entitlements conferred on it or him by, as the case may be, regulation 4(1),(2), (3) or (5) has a right of appeal to the Office of Rail Regulation .
2
In relation to training services to which regulation 4(4) applies a railway undertaking or infrastructure manager who considers that the price charged for access to those services is unreasonable or discriminatory has a right of appeal to the Office of Rail Regulation.
3
An appeal made under paragraphs (1) or (2) must be lodged by way of an application in such form and manner as the Office of Rail Regulation may from time to time prescribe, and that Office must make that prescription and details of such manner and form publicly available.
4
The Office of Rail Regulation must, within two months of the date of receipt of all relevant information in relation to an appeal to which this regulation applies —
a
make a decision on; and
b
where appropriate, issue a direction to the person against whose decision or action the appeal is brought to remedy the situation arising out of,
an appeal brought under this regulation.
5
Without prejudice to the right of any person to make an application to the court under Part 54 of the Civil Procedure Rules 1998 —
a
a decision by the Office of Rail Regulation on an appeal brought under this regulation is binding on all parties affected by that decision; and
b
it is the duty of any person to whom a direction is given under this regulation to comply with and give effect to that direction.
Signed on behalf of the
Secretary of State for Transport
Derek Twigg
Parliamentary Under Secretary of State,
Department for Transport
9th March 2006


text:
Citation and commencement
1
These Regulations may be cited as the Social Fund (Application for Review) (Amendment) Regulations 2006 and shall come into force on 24th April 2006.
Amendment of the Social Fund (Application for Review) Regulations 1988
2
1
Regulation 2(1) of the Social Fund (Application for Review) Regulations 1988 (manner of making application for review or further review and time limits) is amended as follows.
2
For “delivering it to an office of the Department of Health and Social Security” , substitute —
delivering it —
in a case to which (a) applies, to an office of the Department for Work and Pensions; and
in a case to which (b) applies —
for the period up to 2nd April 2007 to the office of the Independent Review Service or to an office of the Department for Work and Pensions, and
on and after 2nd April 2007 to the office of the Independent Review Service only.
.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
29th March 2006


text:
Title, application and commencement
1
These Regulations may be cited as the Contaminants in Food (England) Regulations 2006, apply in relation to England only and come into force on 1st July 2006.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“authorised lettuce” means lettuce of the kind specified in point 1.3 of section 1 of Annex I to the Commission Regulation, which complies with the conditions of the derogation under Article 3b.2 of that Regulation in relation to the United Kingdom;
“authorised officer” means any person who is authorised in writing, either generally or specifically, by a food authority or as the case may be a port health authority to act in matters arising under these Regulations;
“authorised spinach” means spinach of the kind specified in point 1.1 of section 1 of Annex I to the Commission Regulation, which complies with the conditions of the derogation under Article 3b.1 of that Regulation in relation to the United Kingdom;
“the Commission Regulation” means Commission Regulation (EC) No. 466/2001 setting maximum levels for certain contaminants in foodstuffs as corrected by a corrigendum published on 30th November 2001 , and as amended by Council Regulation (EC) No. 2375/2001 , Commission Regulation (EC) No. 221/2002 , Commission Regulation (EC) No. 257/2002 , Commission Regulation (EC) No. 472/2002 as corrected by a corrigendum published on 23rd March 2002 , Commission Regulation (EC) No. 563/2002 as corrected by a corrigendum published on 14th June 2002 , Commission Regulation (EC) No. 1425/2003 , Commission Regulation (EC) No. 2174/2003 , Commission Regulation (EC) No. 242/2004 , Commission Regulation (EC) No. 455/2004 , Commission Regulation (EC) No. 655/2004 , Commission Regulation (EC) No. 683/2004 , Commission Regulation (EC) No. 684/2004 , Commission Regulation (EC) No. 78/2005 , Commission Regulation (EC) No. 123/2005 , Commission Regulation (EC) No. 208/2005 , Commission Regulation (EC) No. 856/2005 Commission Regulation (EC) No. 1822/2005 , and Commission Regulation (EC) No. 199/2006 ;
“food authority” includes neither the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple) nor a port health authority;
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act.
2
Any other expression used in these Regulations and in the Commission Regulation has the same meaning in these Regulations as it bears in the Commission Regulation.
Offences and penalties
3
1
Subject to the transitional arrangements contained in the Community provisions specified in paragraph (2), a person is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale if —
a
he places on the market any food (other than authorised lettuce or authorised spinach) which is covered by, but fails to meet the requirements of, Article 1.1, 2.1, 2.2 or 4.1 of the Commission Regulation, as read with Articles 1.2 and 4.3 of that Regulation; or
b
he contravenes Article 2.3, 4.2 or 4a of the Commission Regulation.
2
The Community provisions mentioned in paragraph (1) are —
a
Article 7 of the Commission Regulation;
b
Article 2 of Commission Regulation (EC) No. 655/2004 amending Regulation (EC) No. 466/2001 as regards nitrate in foods for infants and young children;
c
Article 3 of Commission Regulation (EC) No. 683/2004 amending Regulation (EC) No. 466/2001 as regards aflatoxins and ochratoxin A in foods for infants and young children;
d
Article 2 of Commission Regulation (EC) No. 123/2005 amending Regulation (EC) No. 466/2001 as regards ochratoxin A;
e
Article 2 of Commission Regulation (EC) No. 208/2005 amending Regulation (EC) No. 466/2001 as regards polycyclic aromatic hydrocarbons;
f
Article 2 of Commission Regulation (EC) No. 856/2005 amending Regulation (EC) No. 466/2001 as regards Fusarium toxins;
g
Article 2 of Commission Regulation (EC) No. 199/2006 amending Regulation (EC) No. 466/2001 setting maximum levels for certain contaminants in foodstuffs as regards dioxins and dioxin-like PCBs.
Enforcement
4
It shall be the duty of each food authority within its area and each port health authority within its district to execute and enforce these Regulations.
Application of various sections of the Food Safety Act 1990
5
1
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations —
a
section 3 (presumptions that food intended for human consumption);
b
section 20 (offences due to fault of another person);
c
section 21 (defence of due diligence), as it applies for the purpose of section 14 or 15;
d
section 30(8) (which relates to documentary evidence);
e
section 33(1) (obstruction etc. of officers);
f
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub–paragraph (e);
g
section 35(1) (punishment of offences), in so far as it relates to offences under section 33(1) as applied by sub–paragraph (e);
h
section 35(2) and (3), in so far as it relates to offences under section 33(2) as applied by sub–paragraph (f);
i
section 36 (offences by bodies corporate); and
j
section 44 (protection of officers acting in good faith).
2
Subject to paragraph (3), section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations as if it read as follows —
9
1
An authorised officer of a food authority may at all reasonable times inspect any food intended for human consumption which has been placed on the market and subsections (2) to (7) below shall apply where, on such an inspection, it appears to the authorised officer that the placing on the market of any food contravenes regulation 3(1)(a) of the Contaminants in Food (England) Regulations 2006.
2
The authorised officer may either —
a
give notice to the person in charge of the food that, until the notice is withdrawn, the food or any specified portion of it —
i
is not to be used for human consumption, and
ii
either is not to be removed or is to be removed to a place at which there are facilities to carry out sampling in the manner required by Article 1.3 of the Commission Regulation; or
b
seize the food and remove it in order to have it dealt with by a justice of the peace.
3
Where the authorised officer exercises the power conferred by subsection (2)(a) above, he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the food complies with the requirements referred to in regulation 3(1)(a) of the above Regulations, as appropriate and —
a
if he is so satisfied, shall forthwith withdraw the notice;
b
if he is not so satisfied, shall seize the food and remove it in order to have it dealt with by a justice of the peace.
4
Where an authorised officer exercises the powers conferred by subsection (2)(b) or (3)(b) above, he shall inform the person in charge of the food of his intention to have it dealt with by a justice of the peace and —
a
any person who under regulation 3(1)(a) of the above Regulations might be liable to a prosecution in respect of the food shall, if he attends before the justice of the peace by whom the food falls to be dealt with, be entitled to be heard and to call witnesses; and
b
that justice of the peace may, but need not, be a member of the court before which any person is proceeded against for an offence under regulation 3(1)(a) of the above Regulations in relation to that food.
5
If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any food falling to be dealt with by him under this section fails to comply with the requirements referred to in regulation 3(1)(a) of the above Regulations he shall condemn the food and order —
a
the food to be destroyed or to be so disposed of as to prevent it from being used for human consumption; and
b
any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the food.
6
If a notice under subsection (2)(a) above is withdrawn, or the justice of the peace by whom any food falls to be dealt with under this section refuses to condemn it, the food authority shall compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.
7
Any disputed question as to the right to or the amount of any compensation payable under subsection (6) above shall be determined by arbitration.
8
Any person who knowingly contravenes the requirements of a notice under subsection (2)(a) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
.
3
The expressions “authorised officer”, “food authority”, “placing on the market”, “the Commission Regulation” which are used in section 9 of the Act so far as it applies for the purposes of these Regulations by virtue of paragraph (2), shall, for those purposes, bear the meanings that those expressions respectively bear in these Regulations.
Consequential amendment
6
In Schedule 1 (provisions to which those Regulations do not apply) to the Food Safety (Sampling and Qualifications) Regulations 1990 in so far as they apply in relation to England, for the entry relating to the Contaminants in Food (England) Regulations 2005 there is substituted the following entry —
The Contaminants in Food (England) Regulations 2006 (to the extent that a sample falls to be prepared and analysed in accordance with the Commission Regulation as that expression is defined in those Regulations) S.I. 2006/1464 .
Revocations
7
The Contaminants in Food (England) Regulations 2005 are revoked.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State,
Department of Health
5th June 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Guardian’s Allowance Up-rating Regulations 2006 and shall come into force on 10th April 2006.
2
In these Regulations —
“the Great Britain Up-rating Order ” means the Guardian’s Allowance Up-rating Order 2006 ;
“the Northern Ireland Up-rating Order ” means the Guardian’s Allowance Up-rating (Northern Ireland) Order 2006 ; and
“the Up-rating Orders ” means the Great Britain Up-rating Order and the Northern Ireland Order.
Exceptions relating to payment of allowance by virtue of the Up-rating Orders
2
Neither section 155(3) of the Social Security Administration Act 1992 (effect of alteration of rates of benefit under, amongst other provisions, section 77 of the Social Security Contributions and Benefits Act 1992 (guardian’s allowance)) nor section 135(3) of the Social Security Administration (Northern Ireland) Act 1992 (effect of alteration of rates of benefit under, amongst other provisions, section 77 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (guardian’s allowance)) shall apply if a question arises as to either —
a
the weekly rate at which guardian’s allowance is payable by virtue of either of the Up-rating Orders, or
b
whether the conditions for receipt of that allowance at the altered rate are satisfied,
until that question has been determined in accordance with the provisions of section 8 of the Social Security Act 1998 or Article 9 of the Social Security (Northern Ireland) Order 1998 (as the case may be) .
Persons not ordinarily resident in either Great Britain or Northern Ireland
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 and regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978 (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of either of the Up-rating Orders.
David Varney
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
4th April 2006


text:
Citation and commencement
1
1
This Order may be cited as the District of North Shropshire (Electoral Changes) (Amendment) Order 2006.
2
This Order comes into force on the day after that on which it is made.
Amendment to the 2000 Order
2
In article 9(3) of the District of North Shropshire (Electoral Changes) Order 2000 the words “Newtown” and “Wem” shall be transposed.
Sealed with the seal of the Electoral Commission on the 28th day of September 2006
Sam Younger
Chairman of the Commission
28th September 2006
Jacqui Dixon
Secretary to the Commission
28th September 2006


text:
1
These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) (Tachograph Card) Regulations 2006 and shall come into force on 21st August 2006.
2
In these Regulations —
“Community Recording Equipment Regulation” means Council Regulation ( EEC ) No.3821/85 on recording equipment in road transport as it has effect in accordance with —
Commission Regulation (EEC) No 3314/90 ;
Commission Regulation (EEC) No 3688/92 ;
Commission Regulation ( EC ) No 2479/95 ;
Commission Regulation (EC) 1056/97 ;
Article 1 of Council Regulation (EC) 2135/98 ;
Commission Regulation (EC) 1360/2002 ;
Regulation (EC) 1882/2003 of the European Parliament and the Council ;
Commission Regulation (EC) 432/2004 ; and
Commission Regulation (EC) No 561/2006 ;
and as read with the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 ;
“company card”, “control card”, “driver card” and “workshop card” have the meanings given by Annex IB to the Community Recording Equipment Regulation;
“ PIN ” means personal identification number for use in connection with a workshop card;
“relevant vehicle” means a vehicle in which there is recording equipment
which has been installed in accordance with the Community Recording Equipment Regulation; and
complies with Annexes IB and II to that regulation; and
“tachograph card” means a company card, control card, driver card or workshop card.
Driver cards
3
1
A person commits an offence —
a
if, subject to paragraph (3), he uses, attempts to use or is in possession of, more than one driver card on which he is identified as the holder;
b
if he uses or attempts to use a driver card on which he is not identified as the holder;
c
if, with intent to deceive, he makes a false statement, or forges or alters a document, for the purpose of obtaining a driver card;
d
if he uses, or is in possession of, a driver card issued in consequence of an application which included, with intent to deceive, a false statement or forged or altered document; or
e
if he uses, or is in possession of, a driver card which has been forged or altered.
2
A person commits an offence if he causes or permits —
a
any use or possession of a driver card; or
b
the making of any false statement or forgery or alteration of a document
specified in paragraph (1).
3
It shall not be an offence —
a
to hold a card which will become time-expired within one month and the card which has been issued by the Secretary of State in renewal of the former card; or
b
to hold a card, which has become time-expired, in combination with another card.
4
A person guilty of an offence under paragraph (1)(a) or (b) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
5
A person guilty of an offence under paragraph (1)(c) is liable —
a
on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding the statutory maximum, or to both; or
b
on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both.
6
A person guilty of an offence under paragraph (1)(d) or (e) or paragraph (2) is 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 or to a fine, or to both.
Workshop cards
4
1
A person commits an offence —
a
if, subject to paragraph (3) he uses, attempts to use or is in possession of more than one workshop card, on which he is identified as the holder, or more than one PIN, in respect of the same place of work;
b
if he uses or attempts to use a workshop card, or PIN, of which he is not the identified holder;
c
if he uses or attempts to use a workshop card, or PIN, in circumstances unconnected with the place of work for which that card, or PIN, was issued;
d
if, with intent to deceive, he makes a false statement, or forges or alters a document, for the purpose of obtaining a workshop card or PIN;
e
if he uses, or is in possession of, a workshop card, or PIN, issued in consequence of an application which included, with intent to deceive, a false statement or forged or altered document;
f
if he uses, or is in possession of, a workshop card, which has been forged or altered; or
g
if he divulges to another person, or permits another person to use, the PIN used in connection with a workshop card of which he is identified as the holder.
2
A person commits an offence if he causes or permits —
a
any use, alteration or possession of a workshop card or PIN, or
b
the making of any false statement or forgery or alteration of a document,
specified in paragraph (1).
3
It shall not be an offence —
a
to hold a workshop card which will become time-expired within one month and the workshop card which has been issued by the Secretary of State in renewal of the former workshop card; or
b
to hold a workshop card, which has become time-expired, in combination with another workshop card.
4
A person guilty of an offence under paragraph (1)(a),(b), (c) or (g) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
5
A person guilty of an offence under paragraph (1)(d) is liable —
a
on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding the statutory maximum, or to both; or
b
on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both.
6
A person guilty of an offence under paragraph (1)(e) or (f) or paragraph (2) is 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 or to a fine, or both.
Lost, stolen, damaged or malfunctioning cards
5
1
If a tachograph card is lost or stolen, the person to whom that card was issued shall notify the Secretary of State in writing and shall provide such information or documents concerning the loss or theft as the Secretary of State may require.
2
If a tachograph card is found at any time after the Secretary of State has been notified in accordance with paragraph (1) of the loss or theft of it, the person to whom that card was issued, if it is in his possession, shall return it to the Secretary of State, or if it is not in his possession, but he becomes aware that it is found, shall take all reasonable steps to take possession of it and if successful shall return it as soon as may be to the Secretary of State.
3
If a tachograph card is damaged or malfunctions, the person to whom that card was issued shall return it to the Secretary of State and shall provide such information or documents concerning the damage or malfunction as the Secretary of State may require.
4
A person who fails to comply with the requirements of paragraph (1), (2) or (3) commits an offence.
5
A person guilty of an offence under paragraph (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Card particulars
6
1
Where the details of the holder of a tachograph card specified on the card cease to be correct, the holder —
a
must forthwith notify the Secretary of State of the details which require correction, and
b
must surrender the card when required to do so, to such address as may be specified, by the Secretary of State.
2
Where it appears to the Secretary of State that a tachograph card issued by him to any person was issued in error or with an error or omission in the particulars specified in the card, he may serve notice in writing on that person requiring him to surrender that card and it shall be the duty of that person to comply with the requirement.
3
Subject to paragraph (4), on surrender of a card by a person in accordance with paragraph (1) or (2) the Secretary of State shall, if so requested by that person, issue a replacement card to him.
4
The Secretary of State may require the person surrendering the card to provide such information and documents as the Secretary of State may require to enable him to correct the details, error or omission before issuing a new card under paragraph (3).
5
A person who fails to comply with the requirements of paragraph (1) or (2) commits an offence.
6
A person guilty of an offence under paragraph (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Unauthorised cards
7
1
A person in possession of a tachograph card described in paragraph (3) shall surrender that card to the Secretary of State, by such means and to such address as may be specified by the Secretary of State.
2
A constable or a vehicle examiner appointed under section 66A of the Road Traffic Act 1988 may remove and retain a tachograph card described in paragraph (3) which has not been surrendered to the Secretary of State.
3
A tachograph card to which paragraphs (1) and (2) refer is a card —
a
on which the person using the card is not identified as the holder;
b
which has been falsified; or
c
which has been issued in consequence of an application which included a false statement or forged or altered document.
4
A person who does not surrender a card in accordance with paragraph (1) commits an offence.
5
A person guilty of an offence under paragraph (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Signed by authority of the Secretary of State for Transport
S.J. Ladyman
Minister of State
Department for Transport
18th July 2006


text:
Citation and commencement
1
This Order may be cited as the Finance Act 2006, Section 53(2) (Films and Sound Recordings: Power to alter Dates) Order 2006 and shall come into force on 29th December 2006 .
Amendment to the Finance Act 2006
2
In the provisions of Chapter 3 of Part 3 of the Finance Act 2006 (films and sound recordings) listed below for “1st April 2006” substitute “1st January 2007”.
The provisions are —
Section 46 (films: withdrawal of existing reliefs (corporation tax)), subsections (1)(a) and (b)(i), (3)(a) and (b)(i).
Section 47 (films: withdrawal of existing reliefs (income tax)), subsections (1)(a) and (b)(i), (3)(a) and (b)(i).
Section 51 (corporation tax: films and sound recordings as intangible fixed assets), subsection (1), in sub-paragraph (2)(a) and (b) of the new paragraph 80A substituted for paragraph 80 of Schedule 29 to the Finance Act 2002 (corporation tax: gains and losses from intangible fixed assets).
Section 52 (films: application of provisions to certain films already in production), subsection (1).
Schedule 4 (taxation of activities of film production companies), paragraph 1 (films to which this Schedule applies).
Schedule 5 (film tax relief: further provisions), paragraph 1(1)(b) (introduction) and paragraph 24(4) (confidentiality of information).
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
7th December 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Regional Spatial Strategies) (Examinations in Public) (Remuneration and Allowances) (England) (Revocation) Regulations 2006 and shall come into force on 21st January 2007.
2
These Regulations apply in relation to England only.
Revocation of the Town and Country Planning (Regional Spatial Strategies) (Examinations in Public) (Remuneration and Allowances) (England) Regulations 2004
2
The Town and Country Planning (Regional Spatial Strategies) (Examinations in Public) (Remuneration and Allowances) (England) Regulations 2004 are revoked.
Signed by authority of the Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
12th December 2006


text:
1
This Order may be cited as the Al Trunk Road (A57, A638 and B1164 Junction Improvement Markham Moor) (Detrunking) Order 2006 and shall come into force on 3 November 2006
2
In this Order
a
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
b
“the plan” means the plan folio consisting of the key plan and the site plan, numbered “HA 10/MP/081” and titled “A1 Trunk Road (A57, A638 and B1164 Junction Improvement Markham Moor) (Detrunking) Order 2006” signed by authority of the Secretary of State for Transport, DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
c
“the new trunk road” means the new highways which the Secretary of State proposes to construct referred to in article 2 of the Al Trunk Road (A57, A638 and B1164 Junction Improvement Markham Moor) Order 2006 ; and
d
“the trunk road” means the London to Edinburgh Trunk Road (A1).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notifies Nottinghamshire County Council that the new trunk roads are open for traffic.
Signed by authority of the Secretary of State for Transport
Ian Scholey
A Divisional Director
Highways Agency
16 October 2006


text:
1
This Instrument may be cited as the Cambridgeshire County Council (Construction of Cambridge Riverside Foot/Cycle Bridge) Scheme 2006 Confirmation Instrument 2006 and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Cambridgeshire County Council (Construction of Cambridge Riverside Foot/Cycle Bridge) Scheme 2006 (“the Scheme”) is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plans) and copies of the Scheme with its accompanying plans are deposited at the offices of the Department for Transport, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA, and at the office of Cambridgeshire County Council at Shire Hall, Castle Hill, Cambridge CB3 0AP (Office of Environment and Community Services, Castle Court).
Signed by authority of theSecretary of State for Transport
J Blackie
Regional Director Government Office for the North East
13th September 2006


text:
Citation and commencement
1
These Regulations may be cited as the Pension Protection Fund (Risk-based Pension Protection Levy) Regulations 2006 and shall come into force on the day after the day on which they are made.
Matters prescribed for the purposes of assessing the risk-based pension protection levy
2
For the purposes of section 175(2)(a)(iii) of the Pensions Act 2004 (pension protection levies - other risk factors), the prescribed matters are —
a
the nature of, and
b
any risks associated with,
any arrangements which the Board considers may reduce the risk of compensation being payable from the Pension Protection Fund in the event of an insolvency event occurring in respect of an employer in relation to the scheme.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
8th March 2006


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Pensions Schemes (Application of UK Provisions to Relevant Non-UK Schemes) (Amendment) Regulations 2006 and shall come into force on 11th August 2006.
2
These Regulations shall have effect from 6th April 2006.
Amendment of the Pensions Schemes (Application of UK Provisions to Relevant Non-UK Schemes) Regulations 2006
2
The Pensions Schemes (Application of UK Provisions to Relevant Non-UK Schemes) Regulations 2006 are amended as follows.
3
In regulation 1(2) insert at the end —
“taxable property” has the meaning in Schedule 29A to the Act ;
“taxable property provisions” has the meaning in paragraph 1(3) of that Schedule; and
“transfer member” of a scheme has the meaning in paragraph 1(8) of Schedule 34 to the Act.
4
In regulation 3(c) omit paragraph (ii) and the word “and” which precedes it.
5
After regulation 3 insert —
Computation of a member’s taxable asset transfer fund
3A
1
The amount of a member’s taxable asset transfer fund under a relevant non-UK scheme (“the RNUKS ”) is the sum of —
a
the amount crystallised by virtue of benefit crystallisation event 8 on the transfer from a UK registered pension scheme to the RNUKS; and
b
so much of the member’s taxable asset transfer fund under any other relevant non-UK scheme as has been transferred to the RNUKS without being subject to the unauthorised payments charge.
2
Accordingly, the member’s taxable asset transfer fund (“ TATF ”) shall form part of the member’s relevant transfer fund (“ RTF ”), except in a case where the member’s RTF consists solely of a UK tax-relieved fund which has been transferred to the RNUKS.
6
In regulation 4(2)(b) after “reduced” insert “(but not below nil)”.
7
In regulation 4(3) for “it shall be assumed” to the end substitute —
the following Rules apply (with an earlier Rule applying in preference to a later Rule).
Rule 1
Where an unauthorised payment is treated as made by the scheme to the transfer member by virtue of section 174A —
the payment shall be treated as made out of the member’s RTF and TATF, but
the interest in taxable property, in respect of which the unauthorised payment is treated as made, shall represent the payment and form part of the member’s RTF and TATF (an “appropriated asset”), up to an amount equal to the amount of that payment.
Rule 2
Accordingly, if a scheme transfers that appropriated asset (or an interest in a vehicle through which the scheme holds the interest in the taxable property indirectly), or part of it, to another pension scheme, that transfer shall be treated as a transfer of the whole or part, as the case may be, of the member’s RTF and TATF (limited to the amount of the unauthorised payment) to that other scheme, falling (if appropriate) within regulation 3A(1)(b).
Rule 3
If a scheme disposes of (other than to another pension scheme) an appropriated asset (or an interest in a vehicle through which the scheme holds the interest in the taxable property indirectly), or part of it, any other property which directly or indirectly represents proceeds of either of those interests (limited to the amount of the unauthorised payment) shall form part of the member’s RTF and TATF.
Rule 4
This Rule applies to payments made by the scheme to or in respect of the member, other than —
a transfer of an interest in taxable property or an interest in a vehicle through which the scheme holds the interest in the taxable property indirectly, and
payments treated as made by virtue of section 174A.
So far as the member’s RTF and TATF are not represented by appropriated assets —
where the member has both an RTF and a TATF, and the amount of his RTF exceeds the amount of his TATF, such payments shall, to the extent of that excess, be treated as made out of his RTF (but not his TATF) and as reducing the RTF, and subject thereto
such payments are made out of the member’s RTF and TATF in priority to any other fund under that scheme, and reduce (but not below nil) the amount of the RTF and TATF.
8
After regulation 4(3) add —
4
In paragraph (3), references to payments made or treated as made by virtue of section 174A include references to payments treated as made by regulations under paragraph 37 of Schedule 29A, or paragraph 7A of Schedule 34, to the Act.
9
After regulation 4 insert —
Taxable property provisions to apply to a transfer member of a relevant non-UK scheme (to payments referable to his taxable asset transfer fund)
4A
The —
a
taxable property provisions, and
b
regulations made under paragraph 37 of Schedule 29A or paragraph 7A of Schedule 34,
apply to a transfer member of a relevant non-UK scheme, in relation to payments treated as made by those provisions or regulations which are referable to the member’s taxable asset transfer fund under the scheme, but subject to the modifications in regulations 4B to 4D.
Unauthorised payments charge to apply (in lieu of scheme chargeable payment)
4B
1
The scheme chargeable payment provisions in sections 185A to 185I shall not apply to a relevant non-UK scheme.
2
But, during such time as an appropriated asset forms the whole or part of a transfer member’s TATF —
a
the scheme shall be treated as making unauthorised payments to that member equal in amount to the scheme chargeable payments (in respect of income and gains) which would have been computed in accordance with those sections, and
b
the transfer member shall be liable to pay the unauthorised payments charge in respect of such payments.
3
Where the scheme’s interest in taxable property is not wholly referable to the transfer member’s TATF, the amount of the unauthorised payment shall be proportionately reduced.
Modification of paragraph 15 of Schedule 29A
4C
Paragraph 15 of Schedule 29A applies to the transfer member of a relevant non-UK scheme as if “insurance company” included any person —
a
resident in a country or territory outside the European Economic Area,
b
whose business consists of, or includes, the effecting or carrying out of contracts of long-term insurance (within the meaning in Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ), and
c
who is regulated in the conduct of that business by —
i
the government of that country or territory, or
ii
a body established under the law of that country or territory for the purpose of regulating such business.
Modifications of paragraphs 29 and 31 of Schedule 29A
4D
1
This regulation applies where —
a
a relevant non-UK scheme acquires an interest in taxable property;
b
the interest is acquired in the circumstances mentioned in paragraph 32(3), (5) (excluding paragraphs (a) and (b)) or (6) (excluding paragraphs (a) and (b)) of Schedule 29A ; and
c
the whole or part of the consideration for the acquisition is rent.
2
The amount of the consideration (or the part that is rent) shall not be the relevant rental value of the property (as provided by paragraph 34(2) of Schedule 29A).
3
Each payment of rent (or the aggregate of such payments during a year, if there are more than one) shall be treated, for the purposes of the taxable property provisions, as if the pension scheme or other person who acquired the interest were being granted a lease for the period for which the rent is paid, in consideration of the rent (or aggregate) so paid.
David Varney
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
20th July 2006


text:
Citation, commencement and transitional provisions
1
1
These Regulations may be cited as the Child Tax Credit (Amendment) Regulations 2006 and shall come into force on 6 th April 2006.
2
A person aged 19 or over on 6 th April 2006 is not a qualifying young person, regardless of the amendments made by the following provisions of these Regulations to the Child Tax Credit Regulations 2002 .
Amendment of the Child Tax Credit Regulations 2002
2
The Child Tax Credit Regulations 2002 are amended as follows.
3
1
Amend regulation 2 (interpretation) as follows.
2
After the definition of “advanced education” insert —
“approved training” has the meaning given by regulation 1(3) of the Child Benefit (General) Regulations 2006 ;
.
3
In the definition of “the Board” for “of Inland Revenue” substitute “for Her Majesty’s Revenue and Customs”.
4
In paragraph (a) of the definition of “qualifying young person” for “nineteen” substitute “twenty”.
5
Omit the definition of “relevant training programme”.
4
1
Amend regulation 5 (maximum age and prescribed conditions) as follows.
2
In paragraph (1) for “nineteen” substitute “twenty”.
3
In paragraph (2) for “nineteen” substitute “twenty”.
4
In paragraph (3) —
a
in the words before sub-paragraph (a) omit “either”;
b
at the end of sub-paragraph (a) omit “or”;
c
after sub-paragraph (a) insert —
ab
undertaking approved training which is not provided to him by virtue of his employment or any office held by him; or
d
in sub-paragraph (b) —
i
for paragraph (i) substitute —
i
he ceased to receive full-time education or to undertake approved training (the date of that event being referred to as “the relevant leaving date”);
ii
in paragraph (ii) for “date of leaving education” substitute “relevant leaving date”; and
iii
in paragraph (iii) for “date of leaving education” substitute “relevant leaving date”.
5
After paragraph (3) insert —
3A
A person who has attained the age of nineteen years satisfies paragraph (3)(a) or (ab) only where the course of education or training began before he attained that age.
.
6
In paragraph (4) —
a
in sub-paragraph (a) —
i
after “education” insert “or approved training”;
ii
after “remunerative work;” insert “or”; and
b
omit sub-paragraph (b).
7
After paragraph (6) —
7
In determining whether a person is undertaking a course of full-time education or approved training, there shall be disregarded any interruption —
a
for a period of up to 6 months, whether beginning before or after the person concerned attains age 16, to the extent that it is reasonable in the opinion of the Board to do so; and
b
for any period due to illness or disability of the mind or body of the person concerned provided that it is reasonable in the opinion of the Board to do so.
.
5
In regulation 6 for “nineteen” substitute “twenty”.
Gillian Merron
Vernon Coaker
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd February 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Planning (Applications for Planning Permission, Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2006.
2
These Regulations shall come into force on 10th August 2006.
3
These Regulations apply in relation to England only.
Amendment of the Town and Country Planning (Applications) Regulations 1988
2
1
The Town and Country Planning (Applications) Regulations 1988 are amended in as follows.
2
In regulation 2 (interpretation) in the definition of “outline planning permission” for paragraphs (a) to (e) substitute —
a
access;
b
appearance;
c
landscaping;
d
layout; and
e
scale.
.
Amendment of the Planning (Listed Buildings and Conservation Areas) Regulations 1990
3
After regulation 3 (applications for listed building consent or for conservation area consent) of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 insert —
Design and access statements
3A
1
Any application to a local planning authority for listed building consent shall be accompanied by a statement (“a design and access statement”) about —
a
the design principles and concepts that have been applied to the works; and
b
subject to paragraph (4), how issues relating to access to the building have been dealt with.
2
A design and access statement shall —
a
explain the design principles and concepts that have been applied to the following aspects of the works —
i
scale;
ii
layout;
iii
appearance; and
b
explain how the principles and concepts referred to in sub-paragraph (a) take account of —
i
the special architectural or historic importance of the building;
ii
the particular physical features of the building that justify its designation as a listed building; and
iii
the building’s setting.
3
Subject to paragraph (4), a design and access statement shall also —
a
explain the policy adopted as to access, including what alternative means of access have been considered, and how policies relating to access in relevant local development documents have been taken into account;
b
explain how the policy as to access takes account of —
i
the special architectural or historic importance of the building;
ii
the particular physical features of the building that justify its designation as a listed building; and
iii
the building’s setting;
c
state what, if any, consultation has been undertaken and what account has been taken of the outcome of any such consultation;
d
explain how any specific issues which might affect access to the building have been addressed; and
e
explain how features which ensure access to the building will be maintained.
4
Paragraphs (1)(b) and (3) do not apply in relation to an application for listed building consent to carry out works affecting only the interior of a building.
5
In this regulation —
“appearance” means the aspects of a building which determine the visual impression it makes, including the external built form of the building, its architecture, materials, decoration, lighting, colour and texture;
“layout” means the way in which a building is situated and orientated in relation to other buildings, routes and spaces; and
“scale”, in relation to a building, means the height, width and length of the building in relation to its surroundings.
.
Signed by authority of the First Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
5th April 2006