text:
PART 1 General
Citation and commencement
1
These Regulations may be cited as the British Nationality (British Overseas Territories) Regulations 2007 and shall come into force on 3rd December 2007.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the British Nationality Act 1981;
“applicant”, in relation to an application made on behalf of a person who is not of full age or capacity, means that person; and
“High Commissioner” means, in relation to a country mentioned in Schedule 3 to the Act (countries whose citizens are commonwealth citizens) , the High Commissioner for Her Majesty’s Government in the United Kingdom appointed to that country, and includes the acting High Commissioner.
2
In the application of the provisions of regulation 6(3), where a function of the Secretary of State under the Act is exercised by the Governor of a British overseas territory by virtue of arrangements made under section 43(1) of the Act (exercise of functions of Secretary of State by Governors and others) , any reference in those provisions to the Secretary of State shall be construed as a reference to the Governor.
PART 2 Registration and Naturalisation
Applications
3
Any application for registration as a British overseas territories citizen or for a certificate of naturalisation as a British overseas territories citizen shall —
a
be made to the appropriate authority specified in regulation 4;
b
satisfy the requirements of Part 1 of Schedule 1 and, if made on behalf of a person not of full age or capacity, Part 2 of that Schedule; and
c
satisfy any further requirements specified in relation to that application in Schedule 2.
Authority to whom application is to be made
4
The authority to whom an application is to be made is —
a
if the applicant is in Great Britain or Northern Ireland, the Secretary of State for the Home Department;
b
if the applicant is in any of the Islands, the Lieutenant-Governor;
c
if the applicant is in a British overseas territory, the Governor;
d
if the applicant is in a country mentioned in Schedule 3 to the Act, the High Commissioner or, if there is no High Commissioner, the Secretary of State for the Home Department;
e
if the applicant is elsewhere, any consular officer, any established officer in the Diplomatic Service of Her Majesty’s Government in the United Kingdom or any person authorised by the Secretary of State for that purpose.
Persons not of full age or capacity
5
The following persons may make an application on behalf of someone who is not of full age or capacity —
a
the individual’s father or mother;
b
any person who has assumed responsibility for the individual’s welfare.
Citizenship oaths and pledges
6
1
This regulation applies where, by virtue of section 42 of the Act (registration and naturalisation: citizenship ceremony, oath and pledge) , an applicant for registration or for a certificate of naturalisation is required to make a citizenship oath or pledge.
2
The oath or pledge shall be administered in accordance with the requirements of Schedule 3.
3
Where, following an application by an applicant who is required to make a citizenship oath or pledge, the Secretary of State decides that the registration should be effected or the certificate should be granted —
a
he shall cause notice in writing of the decision to be given to the applicant; and
b
the oath or pledge shall be made within three months of the giving of the notice or such longer time as the Secretary of State may allow.
4
Any notice required by paragraph (3)(a) shall be given —
a
where the applicant’s whereabouts are known, by causing the notice to be delivered to him personally or by sending it to him by post;
b
where the applicant’s whereabouts are not known, by sending it by post in a letter addressed to him at his last known address.
Certificates of naturalisation
7
A certificate of naturalisation shall include the following information relating to the person to whom the certificate is being granted —
a
full name;
b
date of birth; and
c
place and country of birth.
PART 3 Renunciation and Deprivation
Declarations of renunciation
8
Any declaration of renunciation of British overseas territories citizenship shall —
a
be made to the appropriate authority specified in regulation 9; and
b
satisfy the requirements of Schedule 4.
Authority to whom declaration of renunciation is to be made
9
The authority to whom a declaration of renunciation is to be made is —
a
if the declarant is in Great Britain or Northern Ireland, the Secretary of State for the Home Department;
b
if the declarant is in any of the Islands, the Lieutenant-Governor;
c
if the declarant is in a British overseas territory, the Governor;
d
if the declarant is in a country mentioned in Schedule 3 to the Act, the High Commissioner or, if there is no High Commissioner, the Secretary of State for the Home Department;
e
if the declarant is elsewhere, any consular officer, any established officer in the Diplomatic Service of Her Majesty’s Government in the United Kingdom or any person authorised by the Secretary of State for that purpose.
PART 4 Supplemental
Evidence
10
A document may be certified to be a true copy of a document for the purpose of section 45(2) of the Act (evidence) by means of a statement in writing to that effect signed by a person authorised by the Secretary of State, the Lieutenant-Governor, the High Commissioner or the Governor for that purpose.
Manner of signifying parental consent to registration
11
Where a parent, in pursuance of section 17(5)(c) of the Act (acquisition by registration: minors) , consents to the registration of a person as a British overseas territories citizen under that provision, the consent shall be expressed in writing and signed by the parent.
Revocation
12
The following instruments are revoked —
a
The British Nationality (Dependent Territories) Regulations 1982 ;
b
The British Nationality (British Overseas Territories) (Amendment) Regulations 2003 ;
c
The British Nationality (British Overseas Territories) (Amendment) ( No. 2) Regulations 2003 ; and
d
Paragraph 4 of Part 2 of Schedule 13 to the Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 .
Liam Byrne
Minister of State
Home Office
26th October 2007


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the St Joseph’s Catholic and Church of England Primary School (Designation as having a Religious Character) Order 2007.
Designation of School
2
1
The St Joseph’s Catholic and Church of England Primary School, Calver Cresent, Staveley, Chesterfield, S43 3LY, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Roman Catholic/Church of England.
Sinead O’Sullivan
A Deputy Director in the
Department for Children, Schools and Families
17th December 2007


text:
Citation and commencement
1
This Order may be cited as the St Mary’s (Isles of Scilly) Harbour Revision Order 2007 and shall come into force on 31st May 2007.
Interpretation
2
1
In this Order —
“the Act of 1847 ” means the Harbours Docks and Piers Clauses Act 1847 ;
“the Order of 1890 ” means the St Mary’s (Scilly) Pier Order 1890 confirmed by the Pier and Harbour Confirmation ( No. 4) Act 1890 ;
“the authorised officer” means the person appointed as such by the undertaker or, if more than one person is so appointed, any of those persons;
“deposited plans” and “deposited sections” mean respectively plans and sections prepared in triplicate, signed by the Head of Ports Division in the Department for Transport and marked “The St Mary’s (Isles of Scilly) Harbour Revision Order 2007”, two copies of which have been deposited at the offices of the Department for Transport, the other at the offices of the undertaker;
“ harbour ” has the same meaning as in section 2 of the Order of 1890 and includes the works and the harbour premises ;
“ harbour master ” means any person appointed as such pursuant to section 51 of the Act of 1847;
“harbour premises” means the quays, berths, landing places, and all other works, land and buildings for the time being vested in or occupied or administered by the undertaker as part of the undertaking ;
“ hovercraft ” means a vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle;“land” includes land covered by water, any interest in land and any servitude or right in, to or over land;
“ level of high water ” means the level of mean high-water springs;
“the limits of deviation ” means the limits of deviation shown on the deposited plans;
“ tidal works ” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“the undertaker” means His said Royal Highness or other the possessor of the Duchy of Cornwall or other the undertaker for the purposes of the Order of 1890 and this Order;
“undertaking” means the harbour undertaking for the time being of the undertaker;
“ vessel ” means a ship, boat, raft or water craft of any description however propelled or moved, and includes a displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily); and
“works” means the works authorised by this Order, or as the case may require, any part thereof and includes any work constructed pursuant to article 4 (Power to construct works).
2
All areas, directions, distances, lengths, widths and other measurements as stated in any description of works, powers or lands other than article 5 (Power to deviate) shall be construed as if the words “or thereabouts” were inserted after each such area, direction, distance, length, width and other measurement and any reference in a description of works to a point shall be construed as a reference to an Ordnance Survey National Grid reference point.
3
Any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.
Incorporation of Harbours, Docks and Piers Clauses Act 1847
3
1
The Act of 1847 (except sections 6 to 25, 28, 31, 42, 48 to 50, 67 and 77), so far as applicable for the purposes of and not inconsistent with the provisions of this Order, is incorporated with and forms part of this Order subject to the modifications in paragraphs (2) to (4).
2
Section 63 shall have effect subject to the modification that for the words from “liable to” to the end of the section there are substituted the words “be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale”.
3
Section 69 shall have effect subject to the modification that for the words from “shall forfeit” to the end of the section there are substituted the words “shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale”.
4
For the purposes of the Act of 1847 as so incorporated —
a
the expression “the special Act ” means this Order, the expression “the undertakers” means the undertaker and the expression “the harbour, dock, or pier” means the harbour;
b
for the meaning assigned to the word “vessel” by section 3 of the Act of 1847 there shall be substituted the definition of that word in article 2(1);
c
section 53 of the Act of 1847 shall not be construed as requiring the harbour master to serve upon the master of a vessel a notice in writing of his directions but such directions may be given orally or otherwise communicated to such master.
Power to construct works
4
1
Subject to the provisions of this Order, the undertaker may in the lines and situations and upon the lands delineated on the deposited plans and within the limits of deviation shown thereon and according to the levels shown on the deposited sections, construct and maintain the works hereinafter described, with all necessary works and conveniences connected therewith —
Work No. 1
A concrete vertical retaining wave wall enclosing an area of 0.288 hectares of the bed of the sea commencing at the car park in front of Tregarthen’s Hotel 15 metres north of the existing quay wall at reference point SV010707090104 and extending in a north-easterly, then northerly, then north-westerly direction for a distance of 216 metres and terminating on Rat Island at a point at SV010877090153; the enclosed area to constitute a widening on the west side of The Quay and to be used as a vehicular and pedestrian access.
Work No. 2
As to part, a concrete vertical retaining wave wall and as to the remainder a quay face forming a berth for vessels enclosing an area of 0.252 hectares of the bed of the sea commencing on Rat Island at a point at SV010912090189 and extending in a north-easterly direction for a distance of 130 metres then in a south-easterly direction for a distance of 30 metres then in a south westerly direction for a distance of 28 metres and terminating on the north-eastern point of The Quay at a point at SV010964090271; the enclosed area to constitute a widening and lengthening on the western and northern side of The Quay and to be used for freight and passenger handling.
2
The undertaker may, for the purposes of the works authorised by paragraph (1), demolish and remove any structures or apparatus lying within the limits of deviation and may by means of those works, enclose and reclaim so much of the foreshore as lies within the limits of deviation and may hold and use the same as part of the undertaking.
3
Subject to the provisions of this Order, the undertaker may, within the limits of deviation, reconstruct, extend, enlarge, replace or relay the works and may maintain the same as reconstructed, extended, enlarged, replaced or relaid.
4
The works shall for all purposes form part of the undertaking.
Power to deviate
5
Subject to the provisions of this Order, in carrying out Work Nos. 1 and 2 the undertaker may deviate laterally from the lines or situations thereof as shown on the deposited plans to any extent not exceeding the limits of deviation and may deviate vertically from the levels of the works as shown on the deposited sections to any extent not exceeding 3 metres upwards and to such extent downwards as may be found necessary or convenient.
Subsidiary works
6
1
The undertaker may from time to time within the limits of deviation provide and operate such harbour facilities, together with works ancillary to those facilities, as may be necessary or convenient for the construction of the works or the operation of the undertaking, and for this purpose the undertaker may provide, construct and maintain roads, buildings, sheds, offices, workshops, depots, walls, foundations, fences, gates, tanks, pumps, conduits, pipes, drains, wires, mains, cables, electrical substations, signals, conveyors, cranes, lifts, hoists, lighting columns, weighbridges, stairs, ladders, stages, platforms, catwalks, equipment, machinery and appliances and such other works and conveniences as may be necessary or expedient.
2
Without prejudice to paragraph (1), the undertaker may within the limits of deviation carry out and maintain such other works as may be necessary or convenient for the purposes of, or in connection with or in consequence of, the construction, maintenance or use of the works including —
a
works for the accommodation or convenience of vessels (including dolphins and pontoons); and
b
works to alter the position of apparatus, including mains, sewers, drains, pipes, conduits, cables, electrical substations and electrical lines.
Power to dredge for purposes of works
7
1
The undertaker, for the purposes of constructing and maintaining the works may from time to time deepen, widen, dredge, scour, cleanse, alter and improve the bed of the sea and foreshore of the harbour and may blast any rock within the harbour.
2
Subject to paragraph (3), all materials dredged up or removed by the undertaker in exercise of the powers conferred by this article shall continue to belong to the person from whose land they were dredged or removed.
3
No such materials shall be laid down or deposited —
a
in contravention of the provisions of any enactment as respects the disposal of waste; or
b
in any place below the level of high water otherwise than in such position and under such conditions and restrictions as may be approved or prescribed by the Secretary of State.
Obstruction of work
8
Any person who intentionally obstructs any person acting under the authority of the undertaker in setting out the lines of or in constructing the works, or who interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Works to be deemed part of undertaking
9
The works shall be deemed for all purposes to be part of the undertaking and all byelaws, rules and regulations of the undertaker for the time being in force relating to the undertaking shall apply to the works and may be enforced by the undertaker accordingly.
Tidal works not to be executed without approval of Secretary of State
10
1
A tidal work shall not be demolished, constructed, renewed, reconstructed or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is demolished, constructed, renewed, reconstructed or altered in contravention of this article or of any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing to the authorised officer require the tidal work or any part thereof to be removed and the site thereof to be restored to its former condition; and if on the expiration of 30 days from the date when the notice is served upon the authorised officer the requirements of the notice have not been complied with, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary to do so, he may himself remove the tidal work or part of it and restore the site to its former condition,
and any expenditure incurred by the Secretary of State in so doing shall be paid to the Secretary of State by the authorised officer.
Survey of tidal works
11
The Secretary of State may at any time, if he deems it expedient, order a survey and examination of a tidal work or a site upon which it is proposed to construct the work, and any expense incurred by him in such a survey and examination shall be paid to the Secretary of State by the authorised officer.
Provision against danger to navigation
12
In the case of injury to or destruction or decay of a tidal work or any part thereof, the authorised officer shall forthwith notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
Abatement of works abandoned or decayed
13
1
Where a tidal work is abandoned or suffered to fall into decay the Secretary of State may by notice in writing to the authorised officer require —
a
the tidal work (or any part thereof) to be repaired and restored, or
b
the work to be removed and the site thereof to be restored to its former condition,
to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work authorised by this Order and consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the authorised officer the requirements of the notice have not been complied with, the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be paid to the Secretary of State by the authorised officer.
Lights on tidal works during construction
14
During the whole time of the demolition, construction, renewal, reconstruction or alteration of a tidal work the authorised officer shall at the outer extremity thereof every night from sunset to sunrise exhibit such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct.
Permanent lights on tidal works
15
After completion of a tidal work the authorised officer shall at the outer extremity thereof every night from sunset to sunrise exhibit such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
Period for completion of works
16
1
Subject to paragraph (2), if the work is not completed within ten years from the coming into force of this Order or such extended time as the Secretary of State may on the application of the authorised officer allow, then on the expiration of that period or such extended time (as the case may be) the powers by this Order granted to the undertaker for making and maintaining the works shall cease except as to so much thereof as is then substantially commenced.
2
Nothing in paragraph (1) shall apply to any works carried out under paragraph (3) of article 4 (Power to construct works) or article 6 (Subsidiary works).
Planning, etc. jurisdiction
17
1
During the period beginning with the date when this Order comes into force and ending on the accretion date, the area within the limits of deviation shall, to the extent that it lies outwith the Isles of Scilly, for the purposes of the Control of Pollution Act 1974 , the Environmental Protection Act 1990 and the Town and Country Planning Act 1990 , be annexed to and incorporated with the Isles of Scilly.
2
On the accretion date, the area of the whole or of so much of the works authorised by article 4 (Power to construct works) and article 6 (Subsidiary works) as shall have been completed or substantially commenced shall to the extent that it lies outwith the Isles of Scilly be annexed to and incorporated with the Isles of Scilly.
3
In this article “accretion date” means whichever of the following dates first occurs, namely, the date when the works so authorised have been completed or the date when the powers conferred by article 16 (Period for completion of works) shall cease to have effect.
4
This article is subject to article 20 (Crown rights).
Power to appropriate lands and works for particular uses, etc.
18
1
Notwithstanding anything in any statutory provision of local application the undertaker may from time to time for the purpose of or in connection with the management of the harbour set apart and appropriate any part of the harbour for the exclusive, partial or preferential use and accommodation of any particular trade, person, vessel or class of vessels, or goods, subject to the payment of such charges and subject to such terms, conditions and regulations as the undertaker thinks fit.
2
No person or vessel shall make any use of any part of the harbour so set apart or appropriated without the consent of the harbour master or other duly authorised officer of the undertaker and —
a
the harbour master, or as the case may be such officer, may order any person or vessel making use thereof without such consent to leave or be removed; and
b
the provisions of section 58 (Powers of harbour master as to mooring of vessels in harbour) of the Act of 1847 shall extend and apply with the necessary modifications to and in relation to any such vessels.
Saving for Trinity House
19
Nothing in this Order shall prejudice or derogate from any of the rights, duties or privileges of Trinity House.
Crown rights
20
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown including (without prejudice to the general law concerning the applicability of statutes to the Duchy of Cornwall) the Duchy of Cornwall and in particular and without prejudice to the generality of the foregoing, nothing in this Order authorises the undertaker or any licensee to take, use, enter upon or in any manner interfere with any land or interests in land or any rights of whatsoever description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.
2
A consent under paragraph (1) may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary or appropriate.
Disapplication of regulation 60 of Conservation (Natural Habitats &c) Regulations 1994
21
1
Regulation 60 of the Conservation (Natural Habitats &c) Regulations 1994 (“the Habitats Regulations”) shall not apply to any planning permission which relates to the works and which is granted by article 3(1) of the Town and Country Planning (General Permitted Development) Order 1995 for the class of development described as permitted development in Part 11 of Schedule 2 to that Order.
2
Paragraph (1) does not apply if and to the extent that the works —
a
do not form part of the plan and project which was subject to an appropriate assessment in accordance with regulation 48 of the Habitats Regulations in connection with the making of this Order; and
b
are not subject to a further consent, permission or authorisation by a competent authority as defined in the Habitats Regulations.
Signed by authority of the Secretary of State for Transport
Phil Carey
Head of Ports Division
Department for Transport
24th May 2007


text:
Citation and Commencement
1
This Order may be cited as the Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2007 and shall come into force on 22nd February 2007.
Appointed day
2
The day hereby appointed for the purposes of section 2(2)(b) of the Northern Ireland Arms Decommissioning Act 1997 is 20th February 2008, being not more than twelve months after the day on which this Order is made or later than 27th February 2010.
Revocation
3
The Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2006 is hereby revoked.
Peter Hain
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
21st February 2007


text:
Title and commencement
1
These Regulations may be cited as the Control of Trade in Endangered Species (Enforcement) (Amendment) Regulations 2007 and come into force on 10th November 2007.
Amendment to the Control of Trade in Endangered Species (Enforcement) Regulations 1997
2
1
The Control of Trade in Endangered Species (Enforcement) Regulations 1997 are amended in accordance with this regulation.
2
In regulation 2(1) for the definition of “Subsidiary Regulation” substitute —
“Subsidiary Regulation” means Commission Regulation No. 865/2006 laying down detailed rules concerning the implementation of Council Regulation No. 338/97
.
3
In regulation 2(2)(d), for “Article 18” substitute “Article 17, 30 or 37”.
4
In regulation 2(2)(f) for “Article 43” substitute “Article 72”.
Joan Ruddock
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
10th October 2007


text:
1
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) (Amendment) Order 2007 and shall come into force on 1st June 2007.
2
This Order extends to England and Wales only.
2
The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) Order 2007 is amended by substituting the map set out in the Schedule to this Order (New Map for Chequers Site) for the map set out in Schedule 1 (the Chequers Site) to that Order.
Tony McNulty
Minister of State
Home Office
2nd May 2007


text:
Citation and commencement
1
These Regulations may be cited as the Public Guardian (Fees, etc) Regulations 2007 and shall come into force on 1 October 2007.
Interpretation
2
In these Regulations —
“ the Act ” means the Mental Capacity Act 2005;
“court” means the Court of Protection;
“P” means the person in respect of whom a deputy has been appointed under section 16 of the Act; and
“Public Guardian” means the officer appointed in accordance with section 57 of the Act;
“the registers” means —
the register of lasting powers of attorney,
the register of enduring powers of attorney, and
the register of court orders appointing deputies,
established and maintained by the Public Guardian under section 58(1)(a) and (b) of and paragraph 14 of Schedule 4 to the Act.
Schedule of fees
3
The fees set out in the Schedule to these Regulations shall apply in accordance with the following provisions of these Regulations.
Enduring power of attorney registration fee
4
1
A fee for the registration of an enduring power of attorney shall be payable by the person seeking to register the enduring power of attorney under regulation 24 of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 (application for registration).
2
The fee prescribed by paragraph (1) shall be payable upon the application to register the enduring power of attorney.
Lasting power of attorney registration fee
5
1
A fee for the registration of a lasting power of attorney shall be payable by the person seeking to register the lasting power of attorney under regulation 11 of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 (application for registration).
2
The fee prescribed by paragraph (1) shall be payable upon the application to register the lasting power of attorney.
Application to search the registers fee
6
1
A fee for an application to search the registers made under regulation 31 of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 (disclosure of information on a register: search by the Public Guardian) shall be payable by the person making the application.
2
The fee prescribed by paragraph (1) shall be payable upon the application to search the registers.
3
The fee prescribed by paragraph (1) shall not be payable where the person making the application is a:
a
registered health care professional; or
b
a representative of a public authority.
4
In paragraph (3) “registered health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 .
Appointment of deputy fee
7
1
This regulation applies where —
a
the court has appointed a deputy under section 16 of the Act (powers to make decisions and appoint deputies: general); or
b
an existing receiver is treated as if he were a deputy appointed by the court under paragraph 1(2)(a) of Schedule 5 to the Act.
2
Where paragraph (1) applies a fee shall be payable by P.
3
The fee prescribed by paragraph (2) shall be payable by P within 30 days of the date of the invoice for the fee.
Appointment of deputy: supervision fees
8
1
This regulation applies where —
a
the court has appointed a deputy under section 16 of the Act (powers to make decisions and appoint deputies: general); or
b
an existing receiver is treated as if he were a deputy appointed by the court under paragraph 1(2)(a) of Schedule 5 to the Act.
2
Where paragraph (1) applies the Public Guardian shall determine the level of supervision required under section 58(1)(c) of the Act.
3
The levels of supervision are —
a
type I (highest);
b
type II (lower); and
c
type III (minimal).
4
Where the level of supervision determined by the Public Guardian in accordance with paragraph (2) is type I (highest) or type II (lower) an annual supervision fee shall be payable by P until the appointment of the deputy is terminated.
5
Subject to paragraphs (6) and (7), the appropriate supervision fee prescribed by paragraph (2) shall be due on 31 March each year and shall be payable by P within 30 days of the date of the invoice for the fee.
6
Where the period for which the fee prescribed by paragraph (4) is payable is less than one year, the amount of the fee payable shall be such proportion of the full fee as that period bears to one year.
7
Where the deputy’s appointment terminates, the appropriate fee prescribed by paragraph (4) shall be due on the date of termination and shall be payable within 30 days of the date of the invoice for the fee.
8
In the event of termination of the appointment due to P’s death, the appropriate fee prescribed by paragraph (2) shall be payable by P’s estate.
Exemptions
9
1
Subject to paragraph (2) no fee shall be payable under these regulations when, at the time when the fee would otherwise become payable, the relevant person is in receipt of any qualifying benefit.
2
Paragraph (1) does not apply to a person who has an award of damages in excess of £16,000 which has been disregarded for the purposes of determining eligibility for that benefit.
3
For the purposes of regulation 4 the relevant person is the donor of the enduring power of attorney.
4
For the purposes of regulation 5 the relevant person is the donor of the lasting power of attorney.
5
For the purposes of regulation 6 the relevant person is the person making the application.
6
For the purposes of regulations 7 and 8 the relevant person is P.
7
The following are qualifying benefits for the purposes of paragraph (1) —
a
income support under the Social Security Contributions and Benefits Act 1992 ;
b
working tax credit, provided that —
i
child tax credit is being paid to the relevant person, or to a couple (as defined in section 3(5)(A) of the Tax Credits Act 2002 ) which includes the relevant person; or
ii
there is a disability element or severe disability element (or both) to the child tax credit received by the relevant person;
c
income-based job-seeker’s allowance under the Jobseekers Act 1995 ;
d
guarantee credit under the State Pensions Credit Act 2002 ;
e
council tax benefit under the Social Security Contributions and Benefits Act 1992; and
f
housing benefit under the Social Security Contributions and Benefits Act 1992.
Reductions and remissions in exceptional circumstances
10
Where it appears to the Public Guardian that the payment of any fee prescribed by these Regulations would, owing to the exceptional circumstances of the particular case, involve undue hardship, he may reduce or remit the fee in that case.
Transitional provision
11
1
In respect of the administration fee that would have been payable under rule 78 of the Court of Protection Rules 2001 on 31 March 2008, the appropriate proportion of that fee shall be due on 30 September 2007 and shall be payable within 30 days of the date of the invoice for the fee.
2
Where the period for which the fee prescribed by paragraph (1) is payable is less than six months, the amount of the fee payable shall be such proportion of that fee as that period bears to six months.
Amendment to Schedule 7 of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007
12
1
Schedule 7 of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 is amended as follows.
2
For paragraph 1 of Form EP1PG substitute “You have the right to object to the proposed registration on one or more of the grounds set out below. You must notify the Office of the Public Guardian of your objection within five weeks from the day this notice was given to you. You may make an application to the Court of Protection under rule 68 of the Court of Protection Rules 2007 for a decision on the matter. No fee is payable for such an application. If you do not make such an application, the Public Guardian will ask for the court’s directions about registration.”
Signed by authority of the Lord Chancellor
Catherine Ashton
Parliamentary Under-Secretary of State
Ministry of Justice
26th June 2007


text:
Citation, commencement and effect
1
These Regulations —
a
may be cited as the Social Security (Contributions) (Amendment No. 7) Regulations 2007 and shall come into force on 5th September 2007; and
b
shall have effect in relation to payments of earnings made on or after 5th September 2007 in respect of the academic year beginning on 1st September 2007 and subsequent academic years.
Amendment of the Social Security (Contributions) Regulations 2001
2
In Part 7 of Schedule 3 to the Social Security (Contributions) Regulations 2001 , (payments in respect of training and similar courses disregarded in the computation of employed earner’s earnings), for “£15,000” in paragraph 12(6) substitute “£15,480”.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
14th August 2007
The Secretary of State concurs.
Signed by authority of the Secretary of State for Work and Pensions
James Plaskitt
Parliamentary Under-Secretary of State
Department for Work and Pensions
10th August 2007
The Department for Social Development concurs.
The Official Seal of the Department is affixed on 10th August 2007
John O’Neill
A Senior Officer of the Department for Social Development


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2007 and shall come into force on 1st October 2007.
Amendment of regulations
2
In Schedule 7XA (end of series exemptions) to the Road Vehicles (Construction and Use) Regulations 1986 , in Part II, in paragraph 2(2) —
a
in paragraph (a) after “by virtue of” there shall be inserted “either item 2J of Schedule 1 or”;
b
after “which” in the first place where it occurs there shall be inserted “, other than item 2J of Schedule 1,”.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State
1st September 2007
Department for Transport


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Public Health (Ships) (Amendment) (England) Regulations 2007 and shall come into force on 15th June 2007.
2
These Regulations apply in relation to England only.
3
In these Regulations “the principal Regulations ” means the Public Health (Ships) Regulations 1979 .
Amendment of regulation 2 of the principal Regulations
2
1
In regulation 2(1) of the principal Regulations (interpretation) —
a
in the definition of “additional measures”, for “the diseases subject to the International Health Regulations” substitute —
plague, cholera, yellow fever or smallpox
;
b
in the definition of “authorised officer” —
i
omit “as described by paragraph 13 of Schedule 14 of the Local Government Act 1972,” and
ii
for “health authority” substitute “local authority”;
c
for the definition of “customs officer” substitute —
“customs officer” means an officer of Revenue and Customs;
;
d
in the definition of “infected person”, for “a disease subject to the International Health Regulations” substitute —
plague, cholera, yellow fever or smallpox
;
e
in the definition of “infected ship”, for sub-paragraph (a) substitute —
a
a ship which has on board on arrival a case of plague, cholera, yellow fever, smallpox, rabies or viral haemorrhagic fever; or
;
f
for the definition of “infectious disease” substitute —
“infectious disease” means any infectious or contagious disease other than venereal disease or tuberculosis;
;
g
in the definition of “medical officer”, for “health authority” substitute “local authority”;
h
in the definition of “mooring station” —
i
for “health authority” substitute “local authority”, and
ii
for “collector of customs and excise” substitute “customs officer”;
i
for the definition of “offshore installation” substitute —
“offshore installation” has the meaning set out at section 44 of the Petroleum Act 1998 (meaning of “offshore installation”);
;
j
for the definition of “Secretary of State” substitute —
“Secretary of State” means the Secretary of State for Health;
;
k
for the definition of “ship” substitute —
“ship” has the same meaning as “ship” in the Merchant Shipping Act 1995 except that it includes a hovercraft within the meaning of the Hovercraft Act 1968 ;
;
l
the following definitions are inserted in the correct alphabetical order —
“authorised port” means a port authorised to offer —
the issuance of a Ship Sanitation Control Certificate and the provision of the services referred to —
in Annex 1 to the IHR , and
the form reproduced at Schedule 3 to these Regulations;
the issuance of a Ship Sanitation Control Exemption Certificate following inspection of the ship including a thorough inspection of the hold; or
the extension of a ship sanitation certificate for a period of one month;
“competent authority” means a competent authority identified in accordance with Article 19 of the IHR (general obligations) and with a role as described at Article 22 of the IHR (role of competent authorities);
“IHR” means the International Health Regulations (2005) of the WHO adopted by the fifty-eighth World Health Assembly on 23rd May 2005;
“local authority” means —
in relation to a port health district the port health authority; and
in relation to any other district in England —
the county council,
the district council for a district without a county council, or
other local authority of that district;
“National IHR Focal Point” means the body designated by the United Kingdom for communications with the WHO IHR Contact Point under the IHR;
“postal parcel” means an addressed article or package carried internationally by postal or courier services;
“ship sanitation certificate” means a Ship Sanitation Control Certificate or a Ship Sanitation Control Exemption Certificate;
“Ship Sanitation Control Certificate” means a certificate that conforms to the model in Annex 3 to the IHR reproduced at Schedule 3 to these Regulations that is issued in accordance with Article 39 of the IHR (ship sanitation certificates);
“Ship Sanitation Control Exemption Certificate” means a certificate that conforms to the model in Annex 3 to the IHR reproduced at Schedule 3 to these Regulations that is issued in accordance with Article 39 of the IHR;
“WHO IHR Contact Point” means the unit within WHO accessible for communications with the National IHR Focal Point;
“World Health Assembly” has the meaning set out in the Constitution of the World Health Organization adopted by the International Health Conference held in New York from 19th June to 22nd July 1946 and signed on 22nd July 1946;
“WHO” means the World Health Organization, a specialized agency within the terms of Article 57 of the Charter of the United Nations, established by the Constitution of the World Health Organization.
; and
m
omit the definitions of “approved port”, “Deratting Certificate”, “Deratting Exemption Certificate”, “designated approved port”, “diseases subject to the International Health Regulations”, “epidemic”, “excepted area”, “excepted port”, “health authority”, “infected area”, “International Health Regulations”, “valid” and “valid International Vaccination Certificate”.
2
Omit regulation 2(2) and (3).
Substitution of regulation 3 of the principal Regulations
3
For regulation 3 of the principal Regulations (regulations not to apply to ships of the armed forces), substitute —
Application of Regulations to ships of Her Majesty’s armed forces
3
1
Without prejudice to any enactment or rule of law which applies in relation to Her Majesty’s armed forces or to any of the other armed forces mentioned in this regulation as part of Her Majesty’s armed forces, nothing in these Regulations shall apply to any ship forming part of Her Majesty’s armed forces or of the armed forces of any country within the Commonwealth or of the armed forces of any other country for the time being designated for the purposes of all the provisions of the Visiting Forces Act 1952 under section 1(2) of that Act, or to the officers and crew of any such ship.
2
Notwithstanding paragraph (1), at the request of the officer holding Her Majesty’s commission who has command or charge of a ship forming part of Her Majesty’s armed forces, an authorised officer may issue or cause to be issued a ship sanitation certificate in respect of the ship in accordance with the procedures set out at regulation 18A.
.
Amendment of regulation 4 of the principal Regulations
4
1
In regulation 4(1) of the principal Regulations (enforcement and execution of regulations), for “health authority” substitute —
“local authority”.
2
For paragraph (2) substitute —
2
Any two local authorities may agree that one of them shall undertake the enforcement and execution of the whole or specified provisions of these Regulations in the district of the other, provided that they first obtain the approval of the Secretary of State to the terms of the agreement.
3
The district in which a provision of these Regulations is enforced and executed under an agreement made under paragraph (2) shall be deemed to be the district of the authority which enforces and executes it.
4
Where an agreement under paragraph (2) enables a local authority to enforce and execute the provisions relating to ship sanitation certificates in the district of another local authority, an authorised officer of the local authority shall have authority to issue or amend a ship sanitation certificate in the district of the other local authority.
5
A local authority must —
a
provide the National IHR Focal Point with the current contact details of each authorised port within its district;
b
ensure that no ship sanitation certificate is issued without prior inspection by an authorised officer with appropriate expertise;
c
ensure that any control measures required under regulations 18A(1)(a)(ii)(aa), 18B(3)(a)(i) and (4)(a)(i) are carried out by or under the supervision of an authorised officer with appropriate expertise.
.
Substitution of regulation 5 of the principal Regulations
5
For regulation 5 of the principal Regulations (appointment and duties of authorised officers and provision of services by health authorities) substitute —
Appointment and duties of authorised officers and provision of services by local authorities
5
For the purposes of these Regulations a local authority may, and if so required by the Secretary of State shall —
a
appoint such medical practitioners, in addition to their medical officer, as may be necessary for the proper enforcement and execution of these Regulations;
b
give directions from time to time as to the duties which are to be performed by any medical practitioner so appointed or any other officer authorised to enforce and execute these Regulations;
c
provide or arrange for the provision of —
i
premises or waiting rooms for the medical inspection and examination of persons;
ii
premises for the temporary isolation of persons under these Regulations;
iii
apparatus or other means for cleansing, disinfecting or disinsecting ships, persons or clothing and other articles;
d
arrange for the reception into hospital of persons requiring to be removed to a hospital under these Regulations;
e
arrange for the provision of means of transport for the conveyance of persons to any premises referred to in paragraph (c) or to a hospital;
f
do all such other things as in its opinion or the opinion of the Secretary of State, as the case may be, are necessary to enable the provisions of these Regulations to be complied with.
.
Omission of regulation 6 of the principal Regulations
6
Omit regulation 6 of the principal Regulations (list of infected areas).
Amendment of regulation 7 of the principal Regulations
7
1
In regulation 7(2)(a) of the principal Regulations (inspection of ships), for “health authority” substitute —
“local authority”.
2
For paragraph (3) substitute —
3
The inspection of a ship under paragraph (1) or (2) may include taking from the ship samples of food or water for analysis or examination.
4
The analysis or examination under paragraph (3) must be —
a
with a view to the treatment of persons affected with any epidemic, endemic or infectious disease and for preventing the spread of such diseases; or
b
for preventing other danger to public health.
.
Amendment of regulation 9 of the principal Regulations
8
1
In regulation 9 of the principal Regulations (examination, etc. , of persons on ships) —
a
omit paragraphs (3) to (6) of the principal Regulations; and
b
in paragraph (7), for “health authority”, substitute —
“local authority”.
Amendment of regulation 10 of the principal Regulations
9
For regulation 10(1)(a) of the principal Regulations (powers in respect of certain persons on ships), substitute —
a
in the case of an infectious disease —
i
cause the person to be removed from the ship and isolated or sent to hospital or to some other suitable place approved for that purpose by the local authority;
ii
in the case of cholera, smallpox or viral haemorrhagic fever, place such person under surveillance for the appropriate period specified in regulation 36(1); or
iii
except as provided in regulation 31, the medical officer may, by notice in writing to the master, prohibit the removal of the person or his disembarking from the ship without the consent in writing of the medical officer;
.
Amendment of regulation 11 of the principal Regulations
10
In regulation 11(1)(b), after “infectious disease” insert —
or tuberculosis
.
Substitution of regulation 12 of the principal Regulations
11
For regulation 12 of the principal Regulations (radio permission to enter district), substitute —
Permission to enter district
12
1
An authorised officer may transmit free pratique to the master by an appropriate means when he is satisfied that the arrival of the ship will not result in or contribute towards the spread of infectious disease or tuberculosis.
2
The ship shall transmit to the authorised officer from a foreign port before arrival in his district by radio, fax, email or other appropriate means, any information relevant under paragraph (1).
Amendment of regulation 13 of the principal Regulations
12
1
Regulation 13 of the principal Regulations (notification of infectious disease, etc., on board) is amended in accordance with this regulation.
2
in paragraph (1) —
a
in sub-paragraph (b), after “infectious disease” in each place where it occurs, insert —
or tuberculosis
;
b
in paragraph (c) after “infectious disease” insert —
or other danger to public health
.
3
For paragraph (2), substitute —
2
For the purposes of paragraph (1) the master shall —
a
send by appropriate means before arrival, either directly to the local authority or through an agent approved by the local authority, a radio message, fax, email or other communication complying with paragraph (3) of this regulation; or
b
where it is not possible to comply with sub-paragraph (a) before arrival, notify the local authority immediately on arrival of the presence on board of such infectious disease or tuberculosis, symptoms or other similar circumstances.
.
4
For paragraph (3), substitute —
3
Any radio message, fax, email or other communication sent for the purpose of this regulation shall be sent so as to reach the local authority not more than twelve hours, and whenever practicable not less than four hours, before the expected arrival of the ship.
.
Omission of regulation 14 of the principal Regulations
13
Omit regulation 14 (signals) of the principal Regulations.
Amendment of regulation 15 of the principal Regulations
14
1
In regulation 15(1) of the principal Regulations (Maritime Declaration of Health), omit from “Provided that” to the end of the paragraph.
2
In paragraph (2), for “health authority” substitute —
“local authority”.
Amendment of regulation 16 of the principal Regulations
15
In regulation 16 (Maritime Declaration of Health), after “infectious disease” insert —
“or tuberculosis”.
Omission of regulations 18, 19 and 20 of the principal Regulations
16
Omit regulations 18, 19 and 20 of the principal Regulations (Deratting Certificates and Deratting Exemption Certificates).
Insertion of new regulations 18A to 18D of the principal Regulations
17
Insert new regulations 18A to 18D before regulation 21 of the principal Regulations (detention of ships, and ships to be taken to mooring stations), as follows —
Application for a Ship Sanitation Control Exemption Certificate or Ship Sanitation Control Certificate
18A
1
Upon receipt of an application in writing from the owner of a ship or from the master acting for or on behalf of the owner for a ship sanitation certificate in respect of the ship —
a
if the ship is within the area of an authorised port, an authorised officer must —
i
inspect the ship to prevent danger to public health or the spread of infection with a view to issuing a ship sanitation certificate; and
ii
either —
aa
carry out or cause to be carried out under the supervision of an authorised officer control measures necessary for the control of danger to public health or the spread of infection with a view to issuing a ship sanitation certificate; or
bb
otherwise take or cause to be taken any steps which he considers necessary to satisfy himself that the ship does not present a danger to public health and is free of infection;
b
if the ship is not within the area of an authorised port, an authorised officer must —
i
consult with a customs officer; and
ii
direct the ship to proceed at the risk of the owner of the ship to an area of an authorised port convenient to the ship and the customs officer.
2
If an authorised officer after he has inspected a ship under paragraph (1)(a) is satisfied —
a
that the ship is exempt from control measures, he must issue or cause to be issued a Ship Sanitation Control Exemption Certificate (provided he has complied with paragraph (3)); or
b
that control measures have been completed to his satisfaction, he must —
i
issue or cause to be issued a Ship Sanitation Control Certificate; and
ii
note or cause to be noted on the certificate the evidence found and the control measures taken.
3
An authorised officer must wherever possible issue or cause to be issued a Ship Sanitation Control Exemption Certificate only if the inspection of the ship was carried out when the ship and holds —
a
were empty, or
b
contained only ballast or other material of such a nature or so disposed as to make a thorough inspection of the holds possible.
Production of a ship sanitation certificate
18B
1
If the master of a ship which during its voyage has been in a foreign port cannot produce to an authorised officer of the local authority for the district in which the ship arrives or for any district at which the ship calls a valid ship sanitation certificate in respect of the ship —
a
if the ship is within the area of an authorised port, an authorised officer may inspect the ship for evidence of danger to public health or infection with a view to issuing a ship sanitation certificate;
b
if the ship is not within such an area, an authorised officer must —
i
consult with a customs officer; and
ii
direct the ship to proceed at the risk of the master of the ship to an area of an authorised port convenient to the ship and the customs officer.
2
An authorised officer must issue or cause to be issued a Ship Sanitation Control Exemption Certificate if, after he has inspected a ship under paragraph (1)(a), the authorised officer is satisfied that the ship is exempt from control measures (provided he has complied with regulation 18A(3)).
3
If, after a ship has been inspected by an authorised officer, the authorised officer is not satisfied that the ship is exempt from control measures he must —
a
if the ship is within the area of an authorised port —
i
carry out or require to be carried out under the supervision of an authorised officer control measures necessary for the control of danger to public health or the spread of infection; or
ii
otherwise take or cause to be taken any steps which he considers necessary to satisfy himself that the ship does not present a danger to public health and is free of infection;
b
if the ship is not within the area of an authorised port —
i
consult with a customs officer;
ii
direct the ship to proceed at the risk of the master of the ship to an area of an authorised port convenient to the ship and the customs officer;
iii
at the time of the ship’s departure for the authorised port referred to in sub-paragraph (ii), inform an authorised officer of the authorised port of —
aa
the evidence found; and
bb
the control measures required; and
iv
note or cause to be noted in any ship sanitation certificate the matters described at sub-paragraph (iii).
4
If the master produces a ship sanitation certificate but the authorised officer has evidence of danger to public health or infection, notwithstanding such certificate the authorised officer must —
a
either —
i
carry out or require to be carried out under the supervision of an authorised officer control measures necessary for the control of danger to public health or the spread of infection; or
ii
otherwise take or cause to be taken any steps which he considers necessary to satisfy himself that the ship does not present a danger to public health and is free of infection;
b
if the ship is not within the area of an authorised port —
i
consult with a customs officer;
ii
direct the ship to proceed at the risk of the master of the ship to an area of an authorised port convenient to the ship and the customs officer;
iii
at the time of the ship’s departure for the authorised port referred to in sub-paragraph (ii), inform an authorised officer of the authorised port of —
aa
the evidence found; and
bb
the control measures required; and
iv
note or cause to be noted in the ship sanitation certificate the matters described at sub-paragraph (iii).
5
An authorised officer may extend the period of validity of a ship sanitation certificate by one month if —
a
any inspection or control measures required cannot be carried out at the port;
b
there is no evidence of danger to public health or infection; and
c
the port is authorised to extend the validity of a ship sanitation certificate.
6
The master of a ship must immediately make arrangements to carry out any control measures required by an authorised officer under paragraph (3)(a) or (4)(a).
7
When control measures referred to in paragraph (3)(a) or (4)(a) have been completed to the satisfaction of an authorised officer the authorised officer must —
a
issue or cause to be issued a Ship Sanitation Control Certificate; and
b
note or cause to be noted on the certificate the evidence found and the control measures taken.
Ship sanitation certificates: supplementary
18C
1
An authorised officer must ensure that a control measure he requires under regulations 18A(1)(a)(ii) or 18B(3)(a) or (4)(a) consists of methods or materials advised by WHO for these procedures, unless the authorised officer determines that other measures are as safe and reliable.
2
An authorised officer under regulation 18A(1)(a)(ii) or 18B(3)(a) or (4)(a) may require additional health measures to be applied for preventing danger to public health or the spread of infection in accordance with Article 43 of the IHR, including isolation of the ship at a mooring station or otherwise.
3
The local authority must report the application of any such additional health measures required under paragraph (2) to the National IHR Focal Point.
4
An authorised officer of a port where control measures are applied must note or cause to be noted on the ship sanitation certificate in relation to any case where he is of the view that the conditions under which the measures were carried out were such that a satisfactory result could not be obtained that the case was such a case.
Ship sanitation certificates: form; period of validity and retention
18D
1
A Ship Sanitation Control Exemption Certificate or Ship Sanitation Control Certificate must conform to the model in Annex 3 to the IHR which is reproduced at Schedule 3 to these Regulations.
2
A ship sanitation certificate issued under regulation 18A or 18B shall be valid for six months beginning with the date of issue.
3
The local authority must retain a copy of any ship sanitation certificate issued by it for a period of one year beginning with the date of issue.
.
Amendment of regulation 21 of the principal Regulations
18
In regulation 21(1) of the principal Regulations (detention of ships, and ships to be taken to mooring stations), for “a disease subject to the International Health Regulations” substitute —
plague, cholera, yellow fever or smallpox
.
Amendment of regulation 23 of the principal Regulations
19
In regulation 23 of the principal Regulations (detention of ships, and ships to be taken to mooring stations), omit paragraph (a).
Substitution of regulation 24 of the principal Regulations
20
For regulation 24 of the principal Regulations (detention of ships, and ships to be taken to mooring stations), substitute —
24
If after the arrival of a ship a case of plague, cholera, yellow fever, smallpox, rabies or viral haemorrhagic fever occurs on board, or an animal infected with any such disease is discovered or suspected of being on board, the authorised officer may direct the master to take the ship to a mooring station.
.
Amendment of regulation 30 of the principal Regulations
21
For regulation 30(a) of the principal Regulations (persons from infected areas), substitute —
a
any person disembarking from the ship who has come from an area infected with cholera, smallpox or viral haemorrhagic fever; and
.
Amendment of regulation 33 of the principal Regulations
22
In regulation 33 of the principal Regulations (examination, etc., of persons proposing to embark) —
a
for paragraph (a), substitute —
a
may examine any person who proposes to embark on the ship if he has reasonable grounds for believing him to be suffering from plague, cholera, yellow fever, smallpox or viral haemorrhagic fever; and —
i
if after an examination the medical officer is of the opinion that the person shows symptoms of one of the diseases, the medical officer shall prohibit the embarkation of the person;
ii
the time and place of an examination shall be arranged —
aa
to take into account any other formalities; and
bb
to avoid delay;
; and
b
in each of paragraphs (c) and (d), for “health authority” substitute —
competent authority
.
Amendment of regulation 34 of the principal Regulations
23
In regulation 34 of the principal Regulations (infected places in England and Wales), omit —
subject to the International Health Regulations or with any other disease
.
Amendment of regulation 36 of the principal Regulations
24
For regulation 36(2) of the principal Regulations (surveillance) substitute —
2
Where a person has been placed under surveillance for plague, cholera, smallpox or viral haemorraghic fever under regulation 30 by reason of his having come from an area infected with such a disease, the period shall be reckoned from the date of his leaving the infected area.
.
Substitution of regulation 38 of the principal Regulations
25
1
For regulation 38 of the principal Regulations (charges for services) substitute —
Charges for services
38
1
A local authority may charge the owner or master of a ship for a service described in paragraph (2) in so far as the service is for preventing —
a
danger to public health from a ship arriving in its district, or
b
the spread of infection from a ship leaving its district.
2
The services mentioned in paragraph (1) are —
a
the inspection of the ship, or the application of measures required to be applied to the ship, in connection with the issue of a ship sanitation certificate in respect of the ship;
b
the extension of the period of validity of a ship sanitation certificate; or
c
the application, at the master’s request, of any other measure that the master of a ship is required by these Regulations to carry out.
3
A charge for a service under paragraph (1) —
a
must not exceed the actual cost of the service rendered;
b
must be —
i
published at least ten days in advance of being levied;
ii
described sufficiently that the owner or master of the ship is reasonably informed of the likely amount of the charge; and
c
must not be discriminatory, in particular —
i
must not be levied so as to make a distinction based on the nationality, registry or ownership of the ship or containers, cargo, baggage, goods or postal parcels concerned; and
ii
must not distinguish between national and foreign ships or containers, cargo, baggage, goods or postal parcels.
4
A local authority may require the whole or part of the amount of a charge for a service under paragraph (1) to be paid or deposited with it before the service is performed.
5
At the master’s request, a local authority must provide the master of a ship with particulars in writing free of charge of —
a
measures taken for which a charge under paragraph (1) is made; and
b
the reasons why the measures were taken.
6
At the request of a person in relation to whom measures have been taken, or of a person in possession of articles in relation to which measures have been taken, an authorised officer must provide particulars in writing free of charge of the measures taken for which a charge under paragraph (1) is made.
7
Particulars under paragraph (6) shall include the date on which the measures were taken.
.
Substitution of regulation 40 of the principal Regulations
26
For regulation 40 of the principal Regulations (expenses of health authorities) substitute —
Expenses of local authorities
40
Subject to the provisions of regulation 38, any expenses incurred by a local authority in the enforcement and execution of these Regulations shall be defrayed in the same manner as the expenses incurred by it in the execution and discharge of its other powers and duties.
.
Omission of regulation 41 of the principal Regulations
27
Omit regulation 41 of the principal Regulations (saving for mails).
Omission of Schedule 1 to the principal Regulations
28
Omit Schedule 1 to the principal Regulations (International Code of Signals).
Substitution of Schedule 2 to the principal Regulations
29
For Schedule 2 to the principal Regulations (Maritime Declaration of Health) substitute —
SCHEDULE 2
Regulation 15
Substitution of Schedule 3 to the principal Regulations
30
For Schedule 3 to the principal Regulations (Deratting Certificate and Deratting Exemption Certificate) substitute —
SCHEDULE 3
Regulations 2(1) and 18D(1)
Amendment of Schedule 4 to the principal Regulations
31
1
Schedule 4 to the principal Regulations (Additional Measures with Respect to the Diseases Subject to the International Health Regulations) is amended as follows.
2
For the heading to Schedule 4 substitute —
Additional measures with respect to some diseases
.
3
In Part 1 (plague) —
a
under subheading A (infected ships and suspected ships), in paragraph (2)(a), for “A Deratting Exemption Certificate” substitute —
A Ship Sanitation Control Exemption Certificate
; and
b
for subheading B (ships which have been in infected areas), substitute —
B Ships which have been in areas infected with plague
.
4
In Part II (cholera), omit “Regulation 9(5)”.
5
In Part IV (smallpox), under subheading A (infected ships), in paragraph (1), omit “or who does not satisfy the medical officer that he possesses a valid International Vaccination Certificate”.
6
For the heading to Part V substitute —
Rabies or viral haemorrhagic fever
.
7
In paragraph (2)(a) of Part V, for “Deratting Exemption Certificate” substitute —
Ship Sanitation Control Exemption Certificate
.
Omission of Schedule 5 to the principal Regulations
32
Omit Schedule 5 to the principal Regulations (International Certificate of Vaccination or Revaccination Against Smallpox).
Transitional arrangements
33
A local authority or authorised officer must treat —
a
a valid Deratting Certificate during the period of its validity as if it were a Ship Sanitation Control Certificate; or
b
a valid Deratting Exemption Certificate during the period of its validity as if it were a Ship Sanitation Control Exemption Certificate.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State
Department of Health
14th May 2007
We consent
Paul Gray
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
11th May 2007


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (Borough of Watford) (Amendment) Order 2007 and shall come into force on 7th December 2007.
Amendment of the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (Borough of Watford) Order 1997
2
The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (Borough of Watford) Order 1997 is amended by omitting Part II of Schedule 2 to the Order.
Signed by authority of the Secretary of State for Transport
Rosie Winterton
Minister of State
Department for Transport
7th November 2007


text:
PART 1 Preliminary
Title, application and commencement
1
These Regulations may be cited as the Materials and Articles in Contact with Food (England) Regulations 2007, apply in relation to England only and come into force —
a
for the purposes of regulations 5, 7 and 14(3), on 1st August 2008; and
b
for all other purposes, on 29th October 2007.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“the 2006 Regulations ” means the Plastic Materials and Articles in Contact with Food (England) (No.2) Regulations 2006 ;
“ Directive 2002/72/EC ” means Commission Directive 2002/72/ EC relating to plastic materials and articles intended to come into contact with foodstuffs ;
“ Directive 2007/42/EC ” means Commission Directive 2007/42/EC relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs ;
“ Regulation 1935/2004 ” means Regulation (EC) No. 1935/2004 of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/ EEC and 89/109/EEC ;
“ Regulation 2023/2006 ” means Commission Regulation (EC) No. 2023/2006 on good manufacturing practice for materials and articles intended to come into contact with food ;
“authorised officer” means any person, whether or not an officer of the authority having responsibility for execution and enforcement under regulation 14, who is authorised by that authority in writing to act in matters arising under these Regulations;
“food authority” does not include 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;
“import” means import in the course of a business from a place other than a Member State;
“plastics” means those materials and articles to which Directive 2002/72/EC applies;
“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;
“preparation” includes manufacture and any form of treatment or process, and “prepare” shall be construed accordingly;
“regenerated cellulose film” means a thin sheet material obtained from refined cellulose derived from unrecycled wood or cotton, with or without the addition of suitable substances, either in the mass or on one or both surfaces, but does not include synthetic casings of regenerated cellulose;
“sell” includes offer or expose for sale or have in possession for sale, and “sale” and “sold” shall be construed accordingly.
2
Except in regulations 5 and 7, any reference in these Regulations to a numbered Article is a reference to the Article bearing that number in Regulation 1935/2004.
3
Expressions used in these Regulations and in Regulation 1935/2004 or Regulation 2023/2006 bear the same meaning in these Regulations as they bear in those Regulations.
4
Any reference to Regulation 2023/2006 or to an Annex of Directive 2002/72/EC or of Directive 2007/42/EC is a reference to that Regulation or that Annex as amended from time to time.
Scope
3
The provisions of these Regulations do not apply to those materials and articles specified in sub-paragraphs (a), (b) and (c) of Article 1(3).
PART 2 General Requirements for Materials and Articles
Enforcement of Regulation 1935/2004
4
Subject to the provisions of Article 27 (transitional arrangements), any person who contravenes any of the following provisions of Regulation 1935/2004 is guilty of an offence —
a
Article 3 (general requirements);
b
Article 4 (special requirements for active and intelligent materials and articles);
c
Article 11(4) and (5) (provisions relating to Community authorisation);
d
Article 15(1), (2), (3), (4), (7) and (8) (labelling);
e
Article 16(1) (declaration of compliance);
f
Article 17(2) (traceability).
Enforcement of Regulation 2023/2006
5
Any person who fails to comply with the requirements of Article 4 (conformity with good manufacturing practice) of Regulation 2023/2006 is guilty of an offence.
Competent authorities for the purposes of Regulation 1935/2004
6
The following bodies are designated as the competent authorities for the purposes of the provisions of Regulation 1935/2004 as specified below —
a
in respect of Articles 9 and 13, the Food Standards Agency;
b
in respect of Articles 16(1) and 17(2), the Food Standards Agency and the authority having responsibility for enforcement pursuant to regulation 14(1).
Competent authority for the purposes of Regulation 2023/2006
7
The competent authority for the purposes of Article 6(2) and 7(3) of Regulation 2023/2006 is each food authority in its area.
PART 3 Requirements for Vinyl Chloride
Limits and migration limits
8
1
Materials and articles which are manufactured with vinyl chloride polymers or copolymers —
a
must not contain vinyl chloride monomer in a quantity exceeding 1 milligram per kilogram of the material or article as measured by the method of analysis specified in regulation 9(1); and
b
must be manufactured in such a way that they do not transfer to foods with which they are in contact any quantity of vinyl chloride exceeding 0.01 milligrams of vinyl chloride per kilogram of food as measured by the method of analysis specified in regulation 9(2).
2
No person may —
a
sell;
b
import; or
c
use in the course of a business in connection with the storage, preparation, packaging, selling or serving of food,
any such material or article that does not comply with paragraph (1).
Methods of Analysis
9
1
The method used in analysing any sample for the purpose of establishing the quantity of vinyl chloride monomer present in the material or article in order to determine whether it complies with regulation 8(1)(a) shall be the method specified in the Annex to Commission Directive 80/766/EEC (which lays down the Community method of analysis for the official control of the vinyl chloride monomer level in materials and articles which are intended to come into contact with foodstuffs) .
2
The method used in analysing any food for the purpose of establishing the quantity of vinyl chloride present in the food in order to determine whether a material or article which is or has been in contact with the food complies with regulation 8(1)(b) shall be the method specified in the Annex to Commission Directive 81/432/EEC (which lays down the Community method of analysis for the official control of vinyl chloride released by materials and articles into foodstuffs) .
PART 4 Requirements for Regenerated Cellulose Film
Controls and limits
10
1
This Part applies to regenerated cellulose film which —
a
constitutes a finished product in itself; or
b
is part of a finished product containing other materials,
and is intended to come into contact with food, or by being used for that purpose does come into contact with food.
2
Except in paragraph (4), any reference in this regulation to Annex II is a reference to Annex II to Directive 2007/42/EC.
3
Subject to paragraph (5), no person may manufacture any regenerated cellulose film intended to come into contact with food using any substance or group of substances other than the substances named or described —
a
in the first column (denominations) of Annex II in the case of —
i
uncoated film; or
ii
coated film where the coating is derived from cellulose;
b
in the first column of the First Part of Annex II in the case of film to be coated, where the coating will consist of plastics,
and other than in accordance with the conditions and restrictions specified in the corresponding entry in the second column of the appropriate Part of Annex II, as read with the preamble to that Annex.
4
No person may manufacture any coating to be applied to film referred to in paragraph (3)(b) using any substance or group of substances except those listed in Annex II, III or IV to Directive 2002/72/EC and other than in accordance with the appropriate requirements, restrictions and specifications contained in those Annexes and in the 2006 Regulations.
5
Substances other than those listed in Annex II may be used as colourants or adhesives in the manufacture of a film to which paragraph (3)(a) applies, provided that such film is manufactured in such a way that it does not transfer any colourant or adhesive to food in any detectable quantity.
6
Subject to regulation 12 no person may —
a
sell;
b
import; or
c
use in the course of a business in connection with the storage, preparation, packaging, selling or serving of food,
any regenerated cellulose film which has been manufactured in contravention of the requirements of paragraphs (3) or (4), or which fails to comply with paragraph (8).
7
No person may use in the course of a business in connection with the storage, preparation, packaging, serving or selling of food —
a
where the food contains water physically free at the surface, any regenerated cellulose film containing bis(2–hydroxyethyl) ether, ethanediol or both these substances;
b
any regenerated cellulose film in such a way that any printed surface of that film comes into contact with the food.
8
Any material or article made of regenerated cellulose film, unless by its nature clearly intended to come into contact with food, at a marketing stage other than the retail stage must be accompanied by a written declaration attesting that it complies with the legislation applicable to it.
Migration limits for regenerated cellulose film coated with plastics
11
1
Subject to paragraph (2), no person may manufacture or import any material or article made with regenerated cellulose film coated with plastics which —
a
is intended to come into contact with food; and
b
is capable of transferring its constituents to food in quantities exceeding an overall migration limit of 10 milligrams per square decimetre of the surface of the material or article in contact with food.
2
In the case of any material or article made with regenerated cellulose film coated with plastics which —
a
is or is comparable to a container or which can be filled with a capacity of not less than 500 millilitres and not more than 10 litres; or
b
can be filled and for which it is impracticable to estimate the surface area in contact with food; or
c
is a cap, gasket, stopper or similar device for sealing,
the overall migration limit shall be 60 milligrams of constituents transferred per kilogram of food.
3
No person may manufacture or import any material or article made with regenerated cellulose film coated with plastics manufactured with any substance listed in Section A or B of Annex II to Directive 2002/72/EC (authorised monomers and other starting substances) which —
a
is intended to come into contact with food; and
b
is capable of transferring its constituents to food in quantities exceeding the specific migration limits set out in column 4 of those Sections as read with the general introduction to that Annex.
4
Where the migration limit for a substance mentioned in paragraph (3) is expressed in milligrams per kilogram, in the case of regenerated cellulose film coated with plastics which —
a
is or is comparable to a container or which can be filled with a capacity of less than 500 millilitres or more than 10 litres; or
b
cannot be filled or for which it is impracticable to estimate the relationship between the surface area of the film and the quantity of food in contact with it,
the migration limit shall be divided by the conversion factor of 6 in order to express it in milligrams of constituents transferred per square decimetre of the material or article in contact with food.
5
Subject to paragraph (6), the verification of compliance with migration limits shall be conducted in accordance with the provisions of Schedules 2 and 3 of the 2006 Regulations as read with regulation 11 of those Regulations and for the purposes of this paragraph any reference in those provisions to a plastic material or article shall be construed as a reference to regenerated cellulose film coated with plastic.
6
Paragraph (5) shall not apply in any circumstances to which regulation 9(1) or (2) is applicable.
Saving and transitional provisions and defences
12
1
Notwithstanding the revocation of the Materials and Articles in Contact with Food Regulations 1987 , in relation to regenerated cellulose film manufactured before 29th April 1994 the defences in regulation 6A of those Regulations shall apply in relation to offences under these Regulations in like manner as they applied to offences under the equivalent provisions in those Regulations.
2
In any proceedings for an offence of contravening regulation 10(3), (4), (6) or (7), or regulation 11(1) or (3) it shall be a defence to prove that —
a
the act constituting the offence was committed in relation to a material or article made with regenerated cellulose film which was manufactured or imported into the European Community before 29 th January 2006; and
b
the act constituting the offence would not have constituted an offence under the Materials and Articles in Contact with Food Regulations 1987 immediately before the coming into force of the Materials and Articles in Contact with Food (England) Regulations 2005 .
PART 5 General
Offences and penalties
13
1
Any person who —
a
contravenes the provisions of regulation 8(2), 10(3), (4), (6) or (7), or 11(1) or (3);
b
intentionally obstructs any person acting in the execution of Regulation 1935/2004, Regulation 2023/2006 or these Regulations or without reasonable excuse fails to provide any assistance or information that person may reasonably require; or
c
in purported compliance with any requirement mentioned in sub-paragraph (b), knowingly or recklessly supplies information that is false or misleading in any material particular,
is guilty of an offence.
2
Any person guilty of an offence under these Regulations is liable —
a
in the case of an offence mentioned in paragraph (1)(a) or (c) or in regulation 4 or 5 —
i
on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both;
ii
on summary conviction to a fine not exceeding the statutory maximum or to a term of imprisonment not exceeding 6 months or both; and
b
in the case of an offence mentioned in paragraph (1)(b) on summary conviction to a term of imprisonment not exceeding 3 months or to a fine not exceeding level 5 on the standard scale or both.
3
Nothing in paragraph (1)(b) is to be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Enforcement
14
1
Each food authority in its area and each port health authority in its district shall execute and enforce —
a
the provisions of Regulation 1935/2004 mentioned in regulation 4, and
b
subject to paragraph (3), these Regulations.
2
The Food Standards Agency may also execute and enforce the provisions of Articles 16(1) and 17(2).
3
Each food authority in its area shall execute and enforce the provisions of Regulation 2023/2006 mentioned in regulation 5.
Offences by corporate bodies or Scottish partnerships
15
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person purporting to act in such a capacity,
he as well as the body corporate shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.
2
Where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a partner, he as well as the partnership shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.
Offences due to the act or default of a third party
16
Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence whether or not proceedings are taken against the first mentioned person.
Time limit for prosecutions
17
No prosecution for an offence under these Regulations shall be begun after the expiry of three years from the commission of the offence or one year from its discovery by the prosecutor, whichever is the earlier.
General defences
18
1
In any proceedings for an offence under these Regulations it shall, subject to paragraph (5), be a defence for the person accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
2
Without prejudice to the generality of paragraph (1), a person accused of an offence under regulation 4 or 13(1)(a) who did not —
a
prepare the material or article in respect of which the offence is alleged to have been committed; nor
b
import it into the United Kingdom,
shall be taken to have established the defence provided by paragraph (1) if he satisfies the requirements of paragraphs (3) and (4).
3
A person satisfies the requirements of this paragraph if he proves —
a
that the commission of the offence was due to the act or default of some other person who was not under his control, or to reliance on information supplied by such a person;
b
that either —
i
he carried out all such checks of the material or article in question as were reasonable in all the circumstances, or
ii
it was reasonable in all the circumstances for him to rely on checks carried out by the person who supplied him with that material or article; and
c
that he did not know and had no reason to suspect at the time the offence was committed that his act or omission would amount to an offence under these Regulations.
4
A person satisfies the requirements of this paragraph if the offence is one of sale and he proves —
a
that the commission of the offence was due to the act or default of some other person who was not under his control, or to reliance on information supplied by such a person;
b
that the sale of which the offence consisted was not a sale under his name or mark; and
c
that he did not know and could not reasonably be expected to know at the time the offence was committed that his act or omission would amount to an offence under these Regulations.
5
If in any case the defence provided by this regulation involves the allegation that the commission of the offence was due to the act or default of another person, or to reliance on information supplied by another person, the person accused shall not without leave of the court be entitled to rely on that defence unless —
a
at least seven clear days before the hearing; and
b
where he has previously appeared before the court in connection with the alleged offence, within one month of his first such appearance,
he has served on the prosecutor a written notice giving such information identifying or assisting in the identification of that other person as was then in his possession.
Procedure where a sample is to be analysed
19
1
An authorised officer who has procured a sample under section 29 of the Act and who considers it should be analysed shall divide the sample into three parts.
2
If the sample consists of sealed containers and opening them would, in the opinion of the authorised officer, impede a proper analysis, the authorised officer shall divide the sample into parts by putting the containers into three lots, and each lot shall be treated as being a part.
3
The authorised officer shall —
a
if necessary place each part in a suitable container and seal it;
b
mark each part or container;
c
as soon as is reasonably practicable, give one part to the owner and notify him in writing that the sample will be analysed;
d
submit one part for analysis in accordance with section 30 of the Act; and
e
retain one part for future submission under regulation 20.
Secondary analysis by the Government Chemist
20
1
Where a sample has been retained under regulation 19 and —
a
proceedings are intended to be or have been commenced against a person for an offence under these Regulations; and
b
the prosecution intends to adduce as evidence the result of the analysis mentioned above,
paragraphs (2) to (7) apply.
2
The authorised officer —
a
may of his own volition; or
b
shall —
i
if requested by the prosecutor (if a person other than the authorised officer);
ii
if the court so orders; or
iii
(subject to paragraph (6)) if requested by the defendant,
send the retained part of the sample to the Government Chemist for analysis.
3
The Government Chemist shall analyse the part sent to him under paragraph (2) and send to the authorised officer a certificate specifying the results of the analysis.
4
Any certificate of the results of analysis transmitted by the Government Chemist shall be signed by him or on his behalf, but the analysis may be carried out by any person under the direction of the person who signs the certificate.
5
The authorised officer shall immediately on receipt supply the prosecutor (if a person other than the authorised officer) and the defendant with a copy of the Government Chemist’s certificate of analysis.
6
Where a request is made under paragraph (2)(b)(iii) the authorised officer may give notice in writing to the defendant requesting payment of a fee specified in the notice to defray some or all of the Government Chemist’s charges for performing the functions under paragraph (3), and in the absence of agreement by the defendant to pay the fee specified in the notice the authorised officer may refuse to comply with the request.
7
In this regulation “defendant” includes a prospective defendant.
Application of various provisions of the Act
21
1
The following provisions of the Act 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 2 (extending meaning of “sale” etc );
b
section 30(8) (which relates to documentary evidence).
2
In the application of section 32 of the Act (powers of entry) for the purposes of these Regulations, the reference to the Act in subsection (1) shall be construed as including a reference to Regulation 1935/2004 or as appropriate to Regulation 2023/2006.
3
The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act shall be construed as including a reference to Regulation 1935/2004 or, as appropriate Regulation 2023/2006, and to these Regulations —
a
section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;
b
section 44 (protection of officers acting in good faith).
Amendment of the Ceramic Articles in Contact with Food (England) Regulations 2006
22
1
The Ceramic Articles in Contact with Food (England) Regulations 2006 are amended in accordance with paragraph (2).
2
In Schedule 3 (declaration of compliance), for sub-paragraph (5) of paragraph 1 substitute the following —
5
confirmation that the ceramic article or articles meet the relevant requirements in —
a
these Regulations; or
b
i
Council Directive 84/500/EEC on the approximation of the laws of the Member States relating to ceramic articles intended to come into contact with foodstuffs as amended by Commission Directive 2005/31/EC ; and
ii
Regulation (EC) No. 1935/2004 of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC .
.
Amendment of the Food Safety (Sampling and Qualifications) Regulations 1990
23
In the Food Safety (Sampling and Qualifications) Regulations 1990 , in Schedule 1 (provisions to which those Regulations do not apply) for the title and reference of the Materials and Articles in Contact with Food Regulations 1987 substitute the title and reference of these Regulations.
Consequential amendments to the 2006 Regulations
24
1
The 2006 Regulations are amended in accordance with paragraphs (2) and (3).
2
In paragraph (1) of regulation 2 (interpretation) omit the definition of “the 2005 Regulations ”.
3
In paragraph (1)(b) of regulation 11 (method of testing the capability of materials or articles to transfer constituents, and methods of analysis), for the expression “regulation 7(2) of the 2005 Regulations” substitute “regulation 9(2) of the Materials and Articles in Contact with Food (England) Regulations 2007 ”.
Revocations
25
The following Regulations or parts thereof are revoked —
a
The Materials and Articles in Contact with Food (England) Regulations 2005;
b
Regulation 24 of the 2006 Regulations.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
19th September 2007


text:
Title, application and commencement
1
This Scheme may be cited as the Decommissioning of Fishing Vessels Scheme 2007; it applies in England and comes into force on 6th April 2007.
Eligibility for decommissioning grants
2
1
The Secretary of State may award a decommissioning grant to the owner of a fishing vessel that meets the following criteria.
2
The vessel must be at least 10 metres in length.
3
It must be at least 10 years old.
4
It must be registered as a fishing vessel in the United Kingdom in the register maintained under section 8 of the Merchant Shipping Act 1995 .
5
It must be currently licensed under section 4(5) of the Sea Fish (Conservation) Act 1967 and the Sea Fish Licensing Order 1992 and the licence must show that it is administered at an English port.
6
It must have fished for at least 75 days in each of the two periods of 12 months immediately preceding the date of application.
7
It must have been allocated days under the days at sea scheme under Annex IIC of Council Regulation ( EC ) No 51/2006 .
Application for a grant
3
1
The Secretary of State must establish a scheme for the allocation of grant under paragraph 2.
2
He must send an application form for a grant under the scheme giving details of the scheme, the system that he will use to rank vessels under paragraph 4(5) if this should be necessary, and the closing date to all owners of vessels that are eligible in accordance with paragraph 2.
3
An applicant for a grant under the scheme must submit the application form fully completed by the closing date, and must specify how much he is applying for (“the bid figure”).
4
The bid figure for the vessel must not exceed £3,500 per tonne, where the tonnage is the gross tonnage of the vessel as registered under section 8 of the Merchant Shipping Act 1995.
Awarding a grant
4
1
The Secretary of State must, as soon as is reasonably practicable after the closing date, consider all the applications.
2
He must reject an application where the vessel is not eligible in accordance with paragraph 2.
3
He must reject an application if he has reasonable grounds for suspecting that there has been any fixing or adjustment of the bid figure by, under or in accordance with any agreement with another person.
4
He must pay to all the remaining applicants the full bid figure if the total amount of money in the scheme enables him to do so.
5
Otherwise he must rank the vessels taking into account —
a
the bid figure;
b
the tonnage of the vessel; and
c
the catch of sole in tonnes by that vessel and the fishing effort (the number of days at sea multiplied by the engine power of the vessel) in ICES Area VIIe (as defined in Annex III to Council Regulation ( EEC ) No. 3880/91 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic ) in the continuous period of twelve months that gives the most advantageous result for the vessel in the two years immediately preceding the closing date for applications.
6
He must allocate the grant to the vessels that rank highest, giving each grant in full until there is not enough money left in the scheme to pay any more bids in full.
Action following the decision to award a grant
5
A successful applicant for a grant must surrender the licence referred to in paragraph 2(5) relating to the vessel and destroy the vessel to the satisfaction of the Secretary of State, and the grant must not be paid until this is done.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
25th January 2007
We approve
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
6th February 2007