type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These byelaws may be cited as the Atomic Weapons Establishment ( AWE ) Aldermaston Byelaws 2007 and shall come into force on 31st May 2007.
Revocation
2
The Atomic Weapons Research Establishment ( AWRE ) Aldermaston Byelaws 1986 are revoked.
Interpretation
3
1
In these byelaws:
“aircraft” includes any craft or device which is for the time being airborne;
“Appointed Person” means the Crown servant who has been appointed by the Secretary of State for Defence to be responsible for the Protected Areas and Controlled Areas;
“Controlled Areas” means the areas of land belonging to the Secretary of State for Defence that lie within the outermost edges of the red lines on the five plans annexed to these byelaws, except for the Protected Areas;
“firearm” has the same meaning as in the Firearms Act 1968 ;
“lawful user” means any:
constable,
Crown servant,
member of a visiting force or headquarters,
employee of AWE plc or its contractors and agents, or
person in possession of a written permission from the Appointed Person,
who has registered their particulars in accordance with the requirements of the Ministry of Defence;
“offensive weapon” means any item made or adapted for use for:
causing injury to, or incapacitating a person, or
causing injury to, or incapacitating or trapping an animal or bird, and
the person having it with him intends it for such use, or for threatening such use;
“photograph” includes any cinematograph film and any form of video or digital recording;
“Protected Areas” means the areas of land belonging to the Secretary of State for Defence that are coloured pink on the five plans annexed to these byelaws, entry to which is shown by signs as being prohibited;
“service authorities” means naval, military or air force authorities;
“site exempt vehicle” means any vehicle used solely within the confines of the Protected Areas or the Controlled Areas by a lawful user; and
“visiting force” means any body, contingent or detachment of the forces of a country for the time being present in the United Kingdom on the invitation of Her Majesty’s Government in the United Kingdom and any member of the civilian component of that force as defined in section 10 of the Visiting Forces Act 1952 .
Application of Byelaws
4
These byelaws apply to the Protected Areas and the Controlled Areas.
Prohibited Activities — Protected Areas
5
No person shall:
a
enter or leave the Protected Areas except by way of an official entrance or exit;
b
remain in the Protected Areas after having been directed to leave by a constable or person described in byelaw 11;
c
obstruct a lawful user acting in the proper exercise of his duty within the Protected Areas;
d
cause or permit any vehicle, aircraft, animal or thing to enter into the Protected Areas;
e
take any photographs of any person or thing within the Protected Areas;
f
make any false statement, either orally or in writing, or employ any other form of misrepresentation in order to obtain entry to any part of the Protected Areas;
g
board, or interfere with the movement of any vehicle or aircraft within the Protected Areas;
h
attach any thing to, or place any thing over any wall, fence, structure or other surface surrounding or within the Protected Areas;
i
interfere with, or obstruct the use of, any property within the Protected Areas which is under the control of the Crown or the service authorities of a visiting force or in either case its agents or contractors;
j
remove any property which is under the control of the Crown or the service authorities of a visiting force or in either case its agents or contractors; or
k
deface any sign, wall, fence, structure or other surface within the Protected Areas.
Use of the Controlled Areas by the Public
6
Subject to the provisions of these byelaws, members of the public are permitted to use all parts of the Controlled Areas not specially enclosed or entry to which is not shown by signs or fences as being prohibited or restricted, for any lawful purpose at all times when the Controlled Areas are not being used for the military purpose for which they are appropriated.
Prohibited Activities — Controlled Areas
7
1
In order to:
a
prevent a breach of any provision of byelaw 5 or 7(2); or
b
to prevent any nuisance, disorder, obstruction, or damage to the land or any property within the Controlled Areas;
a constable or person described in byelaw 11 may direct any person to leave, or to remove any vehicle, aircraft, animal or thing from the Controlled Areas and any person to whom such a direction is made shall comply with it as soon as practicable.
2
No person shall within the Controlled Areas:
a
obstruct a lawful user or any other person acting in the proper exercise of his duty;
b
enter any part which is enclosed or entry to which is shown by a sign as being prohibited or restricted, or which is in private occupation;
c
carry any firearm or offensive weapon;
d
interfere with, or obstruct the use of, any property which is under the control of the Crown, or the service authorities of a visiting force or in either case its agents or contractors;
e
remove any property which is under the control of the Crown, or the service authorities of a visiting force or in either case its agents or contractors;
f
camp in tents, caravans, trees or otherwise;
g
attach any thing to, or place any thing over any wall, fence, structure or other surface;
h
cause any nuisance, or behave in an indecent or obscene manner;
i
deposit any industrial refuse, rubble, waste or litter or abandon any vehicle or vehicle part or any other article;
j
act in any way likely to cause annoyance, nuisance or injury to other persons;
k
light bonfires or do anything likely to cause an outbreak of fire;
l
fail to keep under control any dog or other animal;
m
fail to keep any dog on a short lead during the bird nesting season;
n
fail to remove all waste created by any dog or other animal under their control;
o
deface any sign, wall, fence, structure or other surface;
p
engage in any trade or business of any description or ride, drive, conduct or cause to be ridden, driven or conducted, use or employ any animal or vehicle of any kind or use any audible means either wholly or mainly for the purpose of trade or advertisement;
q
damage, cut or remove any crops, turves, plants, roots or trees;
r
graze any animal;
s
kill or trap any birds or animals, or take or destroy their eggs; or
t
dig or search for any item, or interfere with or take any item found within the Controlled Areas.
Control of Road Traffic
8
1
This byelaw shall not apply to any site exempt vehicle.
2
Every person who rides a bicycle or drives a vehicle in the Controlled Areas and the Protected Areas shall remain on the road.
3
Every person who rides a bicycle or drives a vehicle shall:
a
comply with the directions given by a constable or person described in byelaw 11;
b
comply with all military and traffic signs; and
c
ride or drive with due care and attention.
4
No person shall ride a bicycle or drive a vehicle on the road during the hours of darkness without using the appropriate lights which must be used when on a public highway during the hours of darkness.
5
No person shall drive without a valid Driving Licence or be in charge of any vehicle unless the vehicle is registered, taxed and insured and the subject of a current vehicle test certificate, as required for such vehicle when on a public highway.
6
No person shall stop or park any vehicle where “No Parking” or “No Waiting” notices are displayed, except for the purposes of loading or unloading passengers or goods.
7
For the purposes of this byelaw “hours of darkness” means the time between half an hour after sunset and half an hour before sunrise.
Contravention of Byelaws
9
Any person who contravenes byelaws 5, 7 or 8 shall commit an offence under section 17(2) of the Military Lands Act 1892.
Exemptions
10
These byelaws shall not apply to anything done:
a
by a lawful user in connection with the discharge of his functions; or
b
by a person acting under and in accordance with any permission given in writing by the Appointed Person.
Enforcement
11
The following persons are authorised to remove from the Protected Areas and Controlled Areas and to take into custody without warrant any person committing an offence against these byelaws and to remove any vehicle, aircraft, animal or thing in contravention of these byelaws from the Protected Areas and the Controlled Areas:
a
the Appointed Person;
b
any officer, warrant officer, or non-commissioned officer in uniform and acting under the instructions of the Appointed Person; and
c
any other Crown servant authorised in writing by the Appointed Person.
Derek Twigg
Parliamentary Under Secretary of State Ministry of Defence
27th March 2007


text:
1
These Rules may be cited as the Patents (Amendment) Rules 2007 and they come into force on 1st April 2007.
2
The Patents Rules 1995 are amended as follows.
Late declaration of priority for international application for a patent ( UK )
3
1
Rule 6A (request to the comptroller for a late declaration) is amended as follows.
2
After paragraph (1) insert —
1A
Subject to rule 85(3A), a request under section 5(2B) may only be made before the end of the period allowed under section 5(2A)(b).
.
3
For paragraph (2) substitute —
2
A request under section 5(2B) shall be —
a
made on Form 3/77; and
b
supported by evidence of why the application in suit was not filed before the end of the period allowed under section 5(2A)(a).
2A
Such a request may only be made where —
a
the condition in paragraph (3) is met; or
b
the request is made in relation to an international application for a patent (UK).
.
4
Rule 85 (international applications for patents) is amended as follows.
5
After paragraph (3) insert —
3A
Where an international application for a patent (UK) has begun the national phase, a request may be made under section 5(2B) before the end of the period of 1 month beginning with the date the national phase of the application begins.
.
6
The amendments made by this rule shall not apply to any international application for a patent (UK) which began the national phase of the application before the coming into force of these Rules.
Removing requirement to file duplicates in respect of patent applications
4
1
Rule 20 (size and presentation of documents) is amended as follows —
a
paragraph (2) is revoked;
b
in paragraph (16), for “(2)” substitute “(3)”.
2
What is now rule 112 (copies of documents) shall become paragraph (1) of rule 112, and after that paragraph insert —
2
A specification filed under rule 40(8), 53(ii), 77(2) or 78(5) shall be filed in duplicate.
.
3
The amendments made by this rule shall not apply to any application for a patent filed before 26 June 2006.
Removing restriction on inspection of newly filed documents
5
1
In rule 93 (inspection of documents), paragraph (4)(a) is revoked.
2
In rule 94 (confidential documents), paragraph (5) is revoked.
3
The amendments made by this rule shall not apply to any document filed at the Patent Office before the coming into force of these Rules.
Alteration of time limits
6
In Schedule 4A, Part 1, after “rule 82(1) (request from a foreign industrial property office for a direction under section 81)” insert —
rule 85(3A) (international applications for patents)
.
Malcolm Wicks
Minister for Science and Innovation
Department of Trade and Industry
4th March 2007


text:
Citation, commencement and application
1
1
These Regulations —
a
may be cited as the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2007, and
b
come into force on 6th February 2007.
2
These Regulations apply in relation to authorities in England only .
3
These Regulations apply in relation to the financial year beginning on 1st April 2007.
Interpretation
2
In these Regulations —
“the 1992 Act ” means the Local Government Finance Act 1992;
“the 1999 Act ” means the Greater London Authority Act 1999.
Budget requirement (billing authorities) – calculation
3
Section 32 of the 1992 Act has effect as if —
a
in subsection (3)(a) , the words “or relevant special grant” were omitted;
b
for subsection (12) there were substituted the following subsection —
12
In this section and section 33 below “police grant” means the grant payable in accordance with column (a) of paragraph 3.1 of the Police Grant Report (England and Wales) 2007/08 approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996 on 31st January 2007.
; and
c
after subsection (12) there were inserted the following subsection —
12A
In this section and section 33 below —
a
references to sums payable for the financial year in respect of redistributed non-domestic rates are references to sums so payable in accordance with the Local Government Finance Report (England) 2007/2008 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 31st January 2007, and
b
references to sums payable for the financial year in respect of revenue support grant are references to sums so payable in accordance with that report.
.
Basic amount of council tax (billing authorities) - calculation
4
Section 33(1) of the 1992 Act has effect as if the words “or relevant special grant” in item P were omitted.
Budget requirement (major precepting authorities other than the Greater London Authority) - calculation
5
Section 43 of the 1992 Act has effect as if —
a
in subsection (3)(a)(i) , the words “relevant special grant” were omitted; and
b
for subsection (6A) there were substituted the following subsection —
6A
In this section and section 44 below —
a
“police grant” has the meaning given by section 32(12) above, and
b
references to sums payable for the financial year in respect of redistributed non-domestic rates or revenue support grant are to be construed in accordance with section 32(12A) above.
.
Basic amount of council tax (major precepting authorities other than the Greater London Authority) - calculation
6
Section 44(1) of the 1992 Act has effect as if the words “, relevant special grant” in item P were omitted.
Budget requirement (Greater London Authority) - calculation
7
Section 85 of the 1999 Act has effect as if —
a
in subsection (5)(a)(i), the words “relevant special grant,” were omitted; and
b
after subsection (9) there were added the following subsection —
10
In subsection (5)(a) —
a
the reference to sums payable for the financial year in respect of redistributed non-domestic rates is a reference to sums so payable in accordance with the Local Government Finance Report (England) 2007/2008 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 31st January 2007, and
b
the reference to sums payable for the financial year in respect of revenue support grant is a reference to sums so payable in accordance with that report.
.
Basic amount of council tax (Greater London Authority) - calculation
8
Section 88 of the 1999 Act has effect as if —
a
in subsection (2), in the definition of P1, paragraph (e) and the word “and” preceding it were omitted;
b
after subsection (2) there were added the following subsection —
2A
In the definition of P1 in subsection (2) above —
a
the reference to sums payable for the financial year in respect of redistributed non-domestic rates is a reference to sums so payable in accordance with the Local Government Finance Report (England) 2007/2008 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 31st January 2007, and
b
the reference to sums payable for the financial year in respect of revenue support grant is a reference to sums so payable in accordance with that report.
;
c
in subsection (3), for the words “In the definition of P1 in subsection (2) above” there were substituted the words “In that definition”; and
d
in subsection (4), paragraph (d) and the word “and” preceding it were omitted.
Additional calculation: special item for part of Greater London
9
Section 89 of the 1999 Act has effect as if —
a
in subsection (4), in the definition of P2, paragraph (f) and the word “and” preceding it were omitted;
b
after subsection (4) there were added the following subsection —
4A
In the definition of P2 in subsection (4) above —
a
the reference to sums payable for the financial year in respect of redistributed non-domestic rates is a reference to sums so payable in accordance with the Local Government Finance Report (England) 2007/2008 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 31st January 2007, and
b
the reference to sums payable for the financial year in respect of revenue support grant is a reference to sums so payable in accordance with that report.
;
c
in subsection (5), for the words “In the definition of P2 in subsection (4) above” there were substituted the words “In that definition”; and
d
in subsection (6), paragraph (e) and the word “and” preceding it were omitted.
Interpretation of Chapter 1 of Part 3 of the 1999 Act
10
Section 99 of the 1999 Act has effect as if the definition of “relevant special grant” were omitted.
Distribution of grants by the Greater London Authority
11
Section 102 of the 1999 Act has effect as if —
a
in subsection (2), paragraph (c) were omitted; and
b
for subsection (8) there were substituted the following subsection —
8
In this section —
a
the reference to sums received for the financial year in respect of redistributed non-domestic rates is a reference to sums so received in consequence of the Local Government Finance Report (England) 2007/2008 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 31st January 2007, and
b
the reference to sums received for the financial year in respect of revenue support grant is a reference to sums so received in consequence of that report.
.
Signed by authority of the Secretary of State for Communities and Local Government
Phil Woolas
Minister of State
Department for Communities and Local Government
1st February 2007


text:
PART 1 Introduction
Citation, commencement, and application
1
1
These Regulations may be cited as the Traffic Management Permit Scheme (England) Regulations 2007 and shall come into force on 1st April 2008.
2
These Regulations apply as respects England only.
Interpretation
2
1
In these Regulations —
“the 1991 Act ” means the New Roads and Street Works Act 1991 ;
“the 2004 Act ” means the Traffic Management Act 2004;
except where the context otherwise requires, “apparatus” includes a sewer, drain or tunnel as well as any structure for the lodging therein of apparatus or for gaining access to apparatus;
“duration” means a continuous period of time and includes a period of time capable of being assessed by reference to the provision of a start time and an end time;
“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000 (general interpretation) ;
“emergency services” include —
police, fire, rescue and ambulance services; and
Her Majesty’s Coastguard;
“local authority” means the council of a district or London borough or the Common Council of the City of London;
“permit” means an authorisation from the Permit Authority which permits certain specified works to be carried out on a single specified street for a specified duration;
“permit works” means works authorised by a permit;
“Permit Authority”, in relation to a permit scheme, means the relevant local highway authority or authorities which have submitted, or intend to submit, that permit scheme to the Secretary of State under section 33(1) or (2) of the 2004 Act (preparation of permit schemes);
“permit condition” means a condition attached to a permit by virtue of provision made in a permit scheme under regulation 10 or a condition specified in a permit scheme under regulation 13;
“phase”, in relation to specified works, means a period of uninterrupted occupation of the street during which part of those works will be carried out;
“provisional advance authorisation” means an indication of the likely future issue by the Permit Authority of a permit for certain proposed works;
“relevant authority” has the same meaning as in Part III of the 1991 Act;
“specified area” has the meaning given in regulation 7;
“specified streets” has the meaning given in regulation 8;
“specified works” has the meaning given in regulation 6;
“statutory undertaker” means a person entitled by virtue of a statutory right to carry out street works;
“street authority” has the meaning given in section 49(1) of the 1991 Act (definition of the street authority and other relevant authorities);
“working day” means a day other than a Saturday, Sunday, Christmas Day, Good Friday or any day which, under the Banking and Financial Dealings Act 1971 , is a bank holiday in England and Wales; and
“works for road purposes” has the meaning given in section 86(2) of the 1991 Act (highway authorities, highways and related matters).
2
The offences set out in regulations 19 and 20 are fixed penalty offences for the purposes of Part 5 of these Regulations.
PART 2 Application for scheme
Consultation for new permit schemes
3
1
Prior to submitting a permit scheme to the Secretary of State under section 33 of the 2004 Act, the Permit Authority shall consult —
a
every person who carries out works in the proposed specified area from time to time, to the extent the Permit Authority is aware of them doing so;
b
every local authority other than the Permit Authority in whose area is situated any street to which the proposed permit scheme relates;
c
where any street to which the proposed permit scheme relates is in Greater London, Transport for London;
d
where any street to which the proposed permit scheme relates is in the passenger transport area of a Passenger Transport Executive, the relevant Passenger Transport Executive;
e
the emergency services which operate in the proposed specified area;
f
the Secretary of State;
and such other persons as the Permit Authority considers appropriate.
2
If, before the day on which these Regulations come into force, the Permit Authority has undertaken any consultation which, had it been undertaken after that day, would to any extent have satisfied the requirements in paragraph (1), those requirements shall to that extent be taken to have been satisfied.
Procedural requirements for submitting new permit schemes
4
When submitting a permit scheme under section 33(1) or (2) of the 2004 Act, the Permit Authority shall provide the Secretary of State with the following information —
a
the name of every person who is a highway authority for one or more of the specified streets;
b
what the objectives of the Permit Authority are for that permit scheme;
c
how the Permit Authority proposes to ensure that it will comply with the obligation set out in regulation 40;
d
how and when the Permit Authority proposes to evaluate that permit scheme so as to measure whether the objectives for it have been met;
e
the costs and benefits (whether or not financial) which the Permit Authority anticipates will result from that permit scheme;
f
the evidence considered by the Permit Authority when it decided to include any provisions in the permit scheme as to the fees which may be charged, and the reasons for its decision;
g
the date on or after which the Permit Authority proposes that the permit scheme should come into effect;
h
details of any transitional arrangements which the Permit Authority would wish to apply in relation to the permit scheme coming into effect; and
i
a summary of the responses received to the consultation undertaken under regulation 3 and of the changes made to the permit scheme following that consultation.
Varying and revoking permit schemes at the Permit Authority’s request
5
Before asking the Secretary of State to vary or revoke a permit scheme the Permit Authority shall consult the persons referred to in regulation 3(1).
PART 3 Permit Scheme Content
Specified works
6
1
A permit scheme shall specify the works (or types of works) which that permit scheme is designed to control (which shall be the “specified works” for the purposes of that permit scheme).
2
The specified works described in a permit scheme shall comprise both street works and works for road purposes.
3
Specified works for a permit scheme shall not include works executed in a street pursuant to a street works licence issued under section 50 of the 1991 Act (street works licences).
Specified area
7
1
A permit scheme shall specify the area within which the carrying out of specified works is to be controlled (which shall be the “specified area” for the purposes of that permit scheme).
Specified streets
8
1
Subject to the following paragraphs of this regulation, a permit scheme shall specify the streets (or types of streets) within its specified area to which controls on the carrying out of specified works are to apply (which shall be the “specified streets” for the purposes of that permit scheme).
2
Subject to paragraph (3), a permit scheme may not specify any streets which are not maintainable highways as being streets to which controls on the carrying out of specified works are to apply.
3
A permit scheme may specify a street which is not a maintainable highway as being a street to which controls on specified works are to apply if —
a
the Permit Authority anticipates that the street will become a maintainable highway; and
b
the permit scheme provides that the controls on specified works shall apply only in relation to works in that street which are carried out after the street has become a maintainable highway.
4
A permit scheme may specify streets as being streets to which controls on the carrying out of specified works are to apply notwithstanding that the Permit Authority is not the highway authority for those streets.
Permits
9
1
Subject to paragraph (2), a permit scheme shall include provision requiring a permit to be obtained from the Permit Authority before specified works are carried out in a specified street.
2
A permit scheme shall specify persons (or types of persons) to whom and circumstances (or types of circumstances) in which the requirement in paragraph (1) shall not apply.
3
A permit scheme shall specify the information which shall accompany a permit application, and may specify the manner in which, and the time within which, such applications shall be submitted.
4
A permit scheme shall require each application for a permit to be limited to one street.
5
A permit scheme shall require each application for a permit or for a variation of a permit to provide an estimate of the likely duration of the works the subject of that application.
6
A permit scheme shall provide for each permit to specify the duration within which the specified works on a specified street are by that permit authorised.
7
A permit scheme may provide for different classes of permit to be required in relation to different circumstances.
8
A permit scheme may provide that where it is proposed that the relevant specified works are to be carried out in more than one phase, a separate permit shall be obtained in respect of each phase.
9
A permit scheme shall include provision requiring a copy of each application for a permit to be provided by the applicant upon request to any relevant authority and to any other person having apparatus in the street to which the application relates.
Conditions attached to permits
10
1
A permit scheme shall include provision for the Permit Authority to attach conditions to permits, and shall specify the types of condition which the Permit Authority may attach.
2
Without prejudice to the generality of paragraph (1), the types of condition which the Permit Authority may attach to permits under that paragraph include conditions relating to —
a
days on which permit works may not be carried out;
b
times of day during which permit works may not be carried out;
c
the area (including areas not forming part of the street) which may be occupied in connection with the permit works;
d
the prohibition or restriction of traffic pursuant to orders or notices under section 14 of the Road Traffic Regulation Act 1984 (temporary prohibition or restriction on roads) ;
e
traffic management arrangements to be made in connection with the permit works (including arrangements for the particular benefit of persons with a disability);
f
the manner in which the specified works are to be carried out;
g
consultation and publicity in relation to the specified works, including the display of information at the location of those works; and
h
notification of progress in relation to the specified works.
3
The types of condition which the Permit Authority may attach to a permit in respect of permit works to be carried out by or on behalf of a highway authority may also include conditions —
a
requiring the highway authority to consult with any person who has apparatus likely to be affected by the permit works; and
b
requiring the highway authority to take all reasonably practicable steps to comply with any requirement made by that person which is reasonably necessary for the protection of the apparatus or for securing access to it.
4
A permit scheme shall provide that the Permit Authority may revoke a permit where it appears to the Permit Authority that a condition attached to that permit has been breached.
5
In this regulation, “traffic management arrangements” includes signs, signals, road markings, barriers and other measures which are intended to secure the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians).
Provisional advance authorisations
11
1
A permit scheme may include provision requiring a provisional advance authorisation for certain specified works in specified streets to be obtained as part of the application for certain classes of permit.
2
Where a permit scheme includes such provision, it shall specify the information which shall accompany an application for provisional advance authorisation, and may specify the manner in which such applications shall be submitted and the time within which such applications shall be submitted.
3
Each application for provisional advance authorisation shall be limited to one street.
4
Where a permit scheme requires a provisional advance authorisation to be obtained as part of the application for specified works in specified streets, the Permit Authority shall have regard to whether an applicant has obtained such authorisation when deciding whether to issue a permit.
5
A grant of provisional advance authorisation does not prevent the Permit Authority from deciding not to grant the permit to which that authorisation relates.
6
A permit scheme shall include provision requiring a copy of each application for a provisional advance authorisation to be provided by the applicant upon request made by a relevant authority and to any other person having apparatus in the street to which the application relates.
Permit reference numbers
12
The Permit Authority shall allocate a unique reference number to each permit it issues.
Conditions on works to which requirement to obtain permit does not apply
13
1
A permit scheme may —
a
specify conditions, and
b
include provision for the Permit Authority to specify conditions,
which are to apply to specified works which are carried out in specified streets to which, by virtue of provision made in the scheme under regulation 9(2), a requirement in that scheme to obtain a permit before those works are begun to be carried out is disapplied.
2
Such conditions shall be of the types specified in the permit scheme under regulation 10(1) to (3).
3
Where a permit scheme makes such provision as is permitted by paragraph (1)(b) it shall also —
a
specify the method by which those undertaking the works are able to identify any conditions applicable to the works before they start, and
b
specify how any variations to applicable conditions will be brought to the attention of those undertaking such works.
4
Such conditions shall cease to apply once any required permit is issued.
Criteria to be taken into account by Permit Authority
14
1
Where a notice has been issued under section 58(1) of the 1991 Act (restriction of works following substantial road works) in respect of a specified street, and an application for a permit or a provisional advance authorisation is made in respect of works to be carried out during the prescribed period, the Permit Authority shall, when considering such application, have regard to —
a
whether the applicant received a copy of the notice; and
b
whether, within the period specified in the notice for responses to that notice, the applicant notified the Permit Authority (or, if different, the street authority which issued the notice) of the works now proposed.
2
In this regulation, “the prescribed period” means the period specified in regulation 11(2) of the Street Works (Registers, Notices, Directions and Designations) (England) Regulations 2007 .
Review, variation and revocation of permits and permit conditions
15
1
A permit scheme shall include provision for the Permit Authority to have power to vary and revoke permits and permit conditions.
2
A permit scheme shall specify the information which shall accompany an application for the variation or revocation of a permit or of permit conditions, and may specify the manner in which and the time within which such applications shall be submitted.
3
A permit scheme shall include a statement of the Permit Authority’s policy as to the circumstances in which it will review, vary or revoke a permit and permit conditions on its own initiative.
Time limits on Permit Authority
16
1
A permit scheme shall set time limits within which the Permit Authority shall respond to applications for permits, provisional advance authorisations, variations of permits and variations to permit conditions.
2
Different time limits may be set for different cases.
3
If a Permit Authority does not grant or refuse a duly completed application within the applicable time limit, the application shall be deemed to have been granted and any estimate of the likely duration of the works the subject of the application for a permit or variation of a permit provided in that application shall be taken to be a reasonable period for the purposes of section 74(1) of the 1991 Act (charge for occupation of the highway where works unreasonably prolonged).
PART 4 Publicity
Notification of permit scheme
17
1
Where the Secretary of State has made an order under section 34(4) of the 2004 Act (implementation of local highway authority permit schemes) giving effect to a permit scheme, the Permit Authority shall notify the persons referred to in regulation 3(1) that such order has been made not less than four weeks before the date on which the scheme is to come into effect.
2
Where the Secretary of State has made an order under section 36 of the 2004 Act (variation and revocation of permit schemes) to vary or revoke a permit scheme, the Permit Authority shall notify the persons referred to in regulation 3(1) that such order has been made not less than four weeks before the date on which the variation or revocation commences.
PART 5 Sanctions
Action which may be taken for unauthorised works
18
1
Where a person —
a
undertakes, without a permit, works for which a permit is required to have been obtained; or
b
breaches a permit condition;
the Permit Authority may by notice require that person to take such reasonable steps as are specified in the notice, which may include steps to remove the works, to remedy the breach or to minimise or discontinue any obstruction to the street connected with the works.
2
The notice shall specify the works or breach falling within paragraph (1)(a) or (b) to which it relates.
3
If a statutory undertaker fails to comply with such a notice within such reasonable period as is specified in the notice, the Permit Authority may take the steps specified in the notice and such reasonable steps as it considers appropriate having regard to the works or breach falling within paragraph (1)(a) or (b) to which the notice relates and recover from him the costs reasonably incurred by it in doing so.
Offence to undertake works without a required permit
19
1
It is an offence for a statutory undertaker or a person contracted to act on its behalf to undertake specified works in a specified street in the absence of a permit, except to the extent that a permit scheme provides that this requirement does not apply.
2
A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Offence to breach a permit condition
20
1
It is an offence for a statutory undertaker or a person contracted to act on his behalf to breach a permit condition.
2
A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Giving Fixed Penalty Notices
21
1
An authorised officer of a Permit Authority may, if he has reason to believe that a person is committing or has committed an offence under regulation 19(1) or 20(1), give him a fixed penalty notice in relation to that offence.
2
In this Part “fixed penalty notice” means a notice offering a person the opportunity of discharging any liability to conviction for a fixed penalty offence by payment of a penalty.
Time limit for giving fixed penalty notice
22
A fixed penalty notice may not be given more than 91 days after the commission of the offence beginning with the day of its commission.
Form of fixed penalty notice
23
1
A fixed penalty notice shall be in the form set out in Schedule 1 or in a form to substantially the like effect.
2
A fixed penalty notice shall identify the offence to which it relates and give reasonable particulars of the circumstances alleged to constitute that offence.
3
A fixed penalty notice shall also state —
a
the amount of the penalty and the period within which it may be paid;
b
the discounted amount payable in accordance with regulation 25 and the period within which it may be paid;
c
the person to whom and the address at which payment may be made;
d
the method or methods by which payment may be made;
e
the person to whom and the address at which any representations relating to the notice may be addressed; and
f
the consequences of not making a payment within the period for payment.
4
The person specified under paragraph (3)(c) shall be the Permit Authority or a person contracted to act on its behalf.
Penalties payable when fixed penalty notice given
24
1
Where a fixed penalty notice has been given under regulation 21 in relation to an offence, the penalty payable in order to discharge liability to conviction for that offence is —
a
in the case of an offence under regulation 19, £500, and
b
in the case of an offence under regulation 20, £120.
2
The period for payment of the penalty is the period of 36 days beginning with the day on which the notice is given.
3
The Permit Authority may extend the period for paying the penalty in any particular case if they consider it appropriate to do so.
Discounts for early payment
25
1
A discounted amount is payable instead of the amount prescribed under regulation 24(1) if payment is made before the end of the period of 29 days beginning with the day on which the notice is given.
2
The discounted amount is —
a
in a case where regulation 24(1)(a) applies, £300, and
b
in a case where regulation 24(1)(b) applies, £80.
3
If the last day of the period specified in paragraph (1) does not fall on a working day, the period for payment of the discounted amount is extended until the end of the next working day.
Saving from proceedings where fixed penalty notice given
26
1
This regulation applies where a person is given a fixed penalty notice in respect of a fixed penalty offence.
2
No proceedings for the offence may be commenced before the end of the period for payment of the penalty.
3
No such proceedings may be commenced or continued if payment of the penalty is made before the end of that period or is accepted by the Permit Authority after that time.
4
Payment of the discounted amount only counts for the purposes of paragraph (3) if it is made before the end of the period for payment of the discounted amount.
5
In proceedings for the offence, a certificate which —
a
purports to be signed by or on behalf of the person having financial responsibility for the permit scheme; and
b
states that payment of an amount specified in the certificate was or was not received by a date so specified,
is evidence of the facts stated.
6
The person having financial responsibility for the permit scheme is —
a
where the Permit Authority is a single highway authority, the person having responsibility for the financial affairs of that authority; and
b
where the Permit Authority is more than one highway authority, the person appointed by the participating authorities as being responsible for financial accounting in relation to the permit scheme.
Withdrawal of fixed penalty notice
27
1
If the Permit Authority considers that a fixed penalty notice which has been given ought not to have been given, it shall give to the person to whom that notice was given a notice withdrawing the fixed penalty notice.
2
A notice under paragraph (1) shall be in the form set out in Schedule 2 or in a form to substantially the like effect.
3
Where a notice under paragraph (1) is given the Permit Authority shall repay any amount which has been paid by way of penalty in pursuance of the fixed penalty notice.
4
The Permit Authority shall consider any representations made by or on behalf of the recipient of a fixed penalty notice and decide in all the circumstances whether to withdraw the notice.
Application of sums received from fixed penalties
28
A Permit Authority may deduct from fixed penalties received under these Regulations any costs of operating its permit scheme which remain following the application of fee income to those costs under regulation 32, and shall apply the net proceeds for the purpose of developing or implementing policies for the promotion and encouragement of safe, integrated, efficient and economic transport facilities and services to, from and within the specified area.
PART 6 Fees
Prescribed costs
29
For the purposes of section 37(9) of the 2004 Act (permit regulations) and regulation 32 the prescribed costs in any financial year are that proportion of the total costs incurred by the Permit Authority in connection with operating a permit scheme in that year attributable to the costs of operating that scheme in relation to statutory undertakers.
Power to charge a fee and discounts
30
1
Subject to regulations 31 and 32, a Permit Authority may charge a fee in respect of each of the following —
a
the issue of a permit;
b
an application for a permit, where the permit scheme requires a provisional advance authorisation to be obtained as part of that application; and
c
each occasion on which there is a variation of a permit or the conditions attached to a permit.
2
In a case where the permit scheme allows for different fees to be paid for different specified works the scheme shall set out the range of fees that may be charged and the criteria which are to be taken into account in determining how the fee applicable in an individual case shall be identified from that range.
3
A permit scheme shall include provision as to the circumstances in which fees may be discounted, and such provision may include —
i
the discount applicable in a specific circumstance; or
ii
the range of discounts which may be applicable in that circumstance and the criteria which are to be taken into account in determining how the discount applicable in an individual case shall be identified from that range.
4
The maximum fee which may be charged in respect of the issue of a permit is £240.
5
The maximum fee which may be charged in respect of an application for a permit is £105.
6
The maximum fee which may be charged in respect of each occasion on which there is a variation of a permit or a condition attached to a permit is £45.
Savings from the payment of fees and discounts
31
1
Highway authorities shall not be liable to pay fees under a permit scheme.
2
A Permit Authority shall not charge a fee in respect of a variation of a permit or of a condition attached to a permit if the variation was not made at the request of the permit holder.
3
A Permit Authority shall not charge a fee in respect of the deemed issue of a permit or a deemed variation of a permit or of the conditions attached to a permit pursuant to regulation 16(3).
4
Paragraph (5) applies in a case where the Permit Authority is satisfied that applications for two or more permits received within 3 working days of each other, beginning with the day on which the first application is received, are the result of the applicant, or the applicants working together, designing the timing or extent of the programme of the specified works the subject of the applications so as to produce the least impact for users of the specified streets.
5
In a case where this paragraph applies the Permit Authority shall allow a minimum 30% discount for each of the applications.
Application of sums received as fees
32
A Permit Authority shall apply sums paid by way of fees under these Regulations towards those costs of operating its permit scheme which are prescribed costs.
PART 7 Registers
Duty to maintain register
33
1
The Permit Authority shall create and maintain or cause to be created and maintained a register of permits in respect of any permit scheme submitted by it under section 33 of the 2004 Act that is in effect under section 34(4) of that Act.
2
The register shall contain the following information —
a
the name of every specified street within that scheme; and
b
whether such streets have been designated by the relevant street authority under section 61, 63 or 64 of the 1991 Act as protected streets, streets of special engineering difficulties or traffic-sensitive streets;
and such other information in relation to the streets referred to in sub-paragraph (a) as the Permit Authority considers appropriate.
3
The Permit Authority shall cause to be entered in the register the provisions of —
a
every permit (consolidated so as to incorporate any variations of the permit);
b
every variation of a permit;
c
every variation and revocation of permit conditions;
d
every provisional advance authorisation;
e
every application for a permit;
f
every application for a variation of a permit;
g
every application for a provisional advance authorisation;
h
every refusal to grant a permit;
i
every refusal to grant a variation of a permit;
j
every refusal to grant a provisional advance authorisation;
k
every permit, provisional advance authorisation, variation of a permit and variation to permit conditions deemed to have been granted under regulation 16; and
l
every permit revocation;
relating to the permit scheme for which the register is maintained.
4
The Permit Authority shall also cause to be entered in the register —
a
every notice and consent given under section 58 of the 1991 Act;
b
every notice given under regulation 4 of the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2001 ;
c
every notice and direction given under Schedule 3A (restriction on works following substantial street works) to the 1991 Act;
d
a description and location of activities for all plans and sections and descriptions of works submitted under paragraph 2(2), 3 or 5 of Schedule 4 (streets with special engineering difficulties) to the 1991 Act;
e
every notice given under Schedule 4 to the 1991 Act;
f
every street works licence granted under section 50(1) of the 1991 Act (including details of conditions attached to such a licence and every assignment of the benefit of such a licence);
g
every notice given under section 70(3) or (4A) (duty of undertaker to reinstate) of the 1991 Act;
h
all information given under section 80(2) (duty to inform undertakers of location of apparatus) of the 1991 Act; and
i
every notice given under regulation 6(3) of the Street Works (Sharing of Costs of Works) (England) Regulations 2000 ;
relating to a specified street within that permit scheme.
5
Two or more Permit Authorities may cause their registers to be combined.
Access to register
34
1
The Permit Authority shall make the register available for inspection, at all reasonable hours and free of charge —
a
so far as it relates to restricted information, by any person having authority to execute works of any description in the street, or otherwise appearing to the authority to have a sufficient interest, and
b
so far as it relates to information which is not restricted, by any person.
2
For the purposes of paragraph (1), restricted information is —
a
information certified by, or with the authorisation of, the Secretary of State as being restricted information for the purpose of safeguarding national security; or
b
information certified by, or with the authorisation of, an undertaker as being restricted information because its disclosure would, or would be likely to, prejudice the commercial interests of that undertaker.
PART 8 Other Enactments
Application of Part
35
This Part applies to the specified streets within a permit scheme to the extent specified in the order made under section 34(4) of the 2004 Act in respect of that permit scheme.
Disapplication of enactments
36
The following provisions of the 1991 Act are disapplied in relation to specified works in specified streets —
a
section 53 (the street works register) ;
b
section 54 (advance notice of certain works) ;
c
section 55 (notice of starting date of works) ;
d
section 56 (power to give directions as to timing of street works) ;
e
section 57 (notice of emergency works) ; and
f
section 66 (avoidance of unnecessary delay or obstruction) .
Modification of enactments
37
1
The following provisions of the 1991 Act shall be modified as follows in relation to specified works in specified streets.
2
Section 58 shall have effect as if —
a
in subsection (3)(d) for “given notice under section 54 (advance notice of certain works) of his intention to execute street works” there were substituted “applied for a provisional advance authorisation for street works to be carried out”; and
b
subsections (5) to (7A) were omitted.
3
Section 73A(2)(a) (which, when in force, will allow street authorities to require undertakers to re-surface streets) shall have effect as if for “given notice under section 54 or 55 of, or made a notification under paragraph 2(1)(d) of Schedule 3A in respect of, proposed street works”, there were substituted “submitted an application for a permit or for a provisional advance authorisation in respect of specified works in a specified street”.
4
Section 74 shall have effect as if —
a
there were inserted after subsection (2) the following —
2ZA
For the purpose of the definition of “a reasonable period” in subsection (2), the specification in a permit (including as a result of a variation of the permit) of a period as one during which specified works may be carried out in a specified street —
a
does not constitute agreement to a period by the authority and the undertaker, and
b
is to be disregarded on an arbitration.
; and
b
subsections (3) and (4) were omitted.
5
Section 88(4) (bridges, bridge authorities and related matters) shall have effect as if —
a
for “giving notice under section 55 (notice of starting date), or making a notification under paragraph 2(1)(d) of Schedule 3A (notification of proposed works),” there were substituted “submitting an application for a permit or for a provisional advance authorisation”, and
b
after “to the works”, there were inserted “or undertaking any works which are exempt from the requirement to be authorised by a permit”.
6
Section 89(2) (public sewers, sewer authorities and related matters) shall have effect as if —
a
for “giving notice under section 55 (notice of starting date), or making a notification under paragraph 2(1)(d) of Schedule 3A (notification of proposed works),” there were substituted “submitting an application for a permit or for a provisional advance authorisation”, and
b
after “to the works”, there were inserted “or undertaking any works which are exempt from the requirement to be authorised by a permit”.
7
Section 93 (works affecting level crossings or tramways) shall have effect as if —
a
in subsection (2), for the words from “give the prescribed notice” to “under subsection (1) of that section”, there were substituted “send a copy of the application for a permit or for a provisional advance authorisation to the relevant transport authority at the same time as he sends the application to the Permit Authority”;
b
in subsection (5), for the words from “give notice” to “under subsection (2) of that section”, there were substituted “send a copy of the application for a permit or for a provisional advance authorisation to the relevant transport authority at the same time as he sends the application to the Permit Authority”; and
c
there were inserted after subsection (5) the following —
6
An undertaker who fails to comply with subsection (2) or (5) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
7
In proceedings against a person for such an offence it is a defence for him to show that —
a
the failure was attributable to his not knowing the identity or address of a relevant transport authority, and
b
his ignorance was not due to any negligence on his part or to any failure to make inquiries which he ought reasonably to have made.
.
8
Section 105 (minor definitions) shall have effect as if there were inserted after subsection (5) the following —
6
An expression used in this Part and in permit regulations (within the meaning of section 37 of the Traffic Management Act 2004) has the same meaning in this Part as in those regulations.
.
9
Schedule 3A shall have effect as if —
a
for paragraph 1, there were substituted —
1
This Schedule applies where a Permit Authority receives an application for a permit or for a provisional advance authorisation in respect of specified works in a specified street
;
b
in paragraph 2(1)(a) for “the proposed works” there were substituted “the works that are the subject of the application”;
c
in paragraph 2(1)(b), for “street works” there were substituted “specified works in the street to which the application relates”;
d
in paragraph 2(1)(c) for “highway” there were substituted “street”;
e
in paragraph 2(1)(d) —
i
for “undertakers” there were substituted “persons”;
ii
for “street works in that part of the highway” there were substituted “specified works in that part of the street”;
iii
for “notify the authority of” there were substituted “apply for a permit or provisional advance authorisation, as applicable, in respect of”;
f
in paragraph 2(4) for “highway”, in each place where that word occurs, there were substituted “street”;
g
in paragraph 2(4)(d), for the words from “given notice” to “street works” there were substituted “applied for a permit or a for provisional advance authorisation in respect of specified works”;
h
sub-paragraphs (5) and (6) of paragraph 2 were omitted;
i
paragraph 3 were omitted;
j
in paragraph 4(1) the words “and before completion of the works referred to in paragraph 3(1)(a) to (c)” were omitted;
k
in paragraph 4(2) for the words from “the execution” to the end there were substituted “the availability of permits in relation to the part of the street specified under paragraph 2(1)(c) for such period as may be specified in the direction”;
l
paragraph 4(4), (5) and (7) were omitted;
m
in paragraph 4(9) “ceases to have effect by virtue of sub-paragraph (7), or” were omitted; and
n
for paragraph 5 there were substituted —
5
1
This paragraph applies where —
a
a direction under paragraph 4 has effect, and
b
an application for a permit, or for a provisional advance authorisation, relating to the part of the street to which the direction relates is made after the expiry of the notice period.
2
The Permit Authority shall, when considering the application have regard to —
a
whether the application could reasonably have been made during the notice period; and
b
the desirability of ensuring that specified works are not carried out in that street during the period specified in the direction.
.
Modification of Regulations
38
Paragraph 7(a) of the Schedule to the Street Works (Registers, Notices, Directions and Designations) (England) Regulations 2007 shall have effect in relation to specified works on specified streets as if for “given notice under section 54 or section 55 of its intention to execute street” there were substituted “applied for a permit or for a provisional advance application in respect of specified”.
PART 9 Miscellaneous
Service of documents, etc
39
1
Subject to paragraph (5), any requirement or power in these Regulations or in a permit scheme to send a document or information other than a fixed penalty notice shall be discharged by sending that document or information using electronic communication.
2
Where a person —
a
has provided a Permit Authority with an address for service on him of fixed penalty notices by using a particular method for transmitting an electronic communication; and
b
has not notified the Permit Authority that the address is withdrawn for that purpose;
a fixed penalty notice shall be given by sending it to him at that address by that method, in accordance with the requirements set out in paragraph (4).
3
Subject to section 98(2) of the 1991 Act, where an electronic communication is used for the purpose of sending a document or information, then, unless the contrary is proved, the document or information shall be deemed to be given on the day and at the time recorded by the transmitting apparatus as being the day and time of satisfactory completion of the transmission.
4
An electronic communication shall be —
a
capable of being accessed by the person to whom it is sent;
b
legible; and
c
in a form sufficiently permanent to be used for subsequent reference.
5
Where it is not possible to use an electronic communication or, in relation to a fixed penalty notice, paragraph (2) does not apply, service may be effected by any of the following means —
a
delivery to the person to whom it is to be given;
b
leaving it at his proper address;
c
sending it by first class post to him at his proper address; or
d
such other means as may be agreed between the sender and recipient.
6
The proper address of any person for the purposes of this regulation is, subject to paragraph (7) —
a
where such person has provided to the sender an address for service for the purposes of permit schemes, that address;
b
otherwise —
i
in the case of a corporation, the registered or principal office of the corporation; or
ii
in any other case, the last known address of such person.
7
A person may provide different addresses for different notices or different classes of notice.
8
Where a Permit Authority does not have arrangements for receiving communications at any time outside business hours, any requirement imposed by or under a permit scheme to send a document or information to the Permit Authority by a given day shall be deemed to have been satisfied if the document or information has been received by the Permit Authority before 10.00 hours on the following working day.
9
In paragraph (8), “business hours” means the period from 08.00 hours to 16.30 hours on a working day.
Non-discrimination
40
Without prejudice to the operation of Parts 5 and 6 of these Regulations, a Permit Authority shall operate a permit scheme made by it without discrimination between different classes of applicant for permits or for provisional advance authorisations.
Signed by authority of the Secretary of State for Transport
Rosie Winterton
Minister of State
Department for Transport
28th November 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No.4) Order 2007 and comes into force on 1st September 2007.
2
In this Order —
“designate” means designate for the purposes of section 2(2), and similar expressions are to be construed accordingly; and
“section 2(2)” means section 2(2) of the European Communities Act 1972.
Designation
2
Each of the following is designated in relation to the prevention of money laundering and terrorist financing —
a
the Secretary of State; and
b
the Treasury.
Relationship with other designations
3
1
This Order does not restrict the scope of any designation made by any other Order.
2
Where —
a
a Minister or department is designated by this Order, and
b
any other Minister or department is designated in relation to the same matter by this or any other Order,
they may make subordinate legislation in relation to that matter jointly.
3
In paragraph (2) —
a
“Minister or department” means —
i
a Minister of the Crown or government department, including a Northern Ireland Minister or Northern Ireland department, or
ii
the Welsh Ministers ; and
b
“subordinate legislation” means orders, rules, regulations or schemes made under section 2(2).
Revocation of existing designation
4
1
The existing designation for money laundering is revoked.
2
In paragraph (1), “the existing designation for money laundering” means the designation of the Treasury, in Schedule 1 to the European Communities (Designation) (No.2) Order 1992 , for measures relating to preventing the use of the financial system for the purpose of money laundering.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Rules may be cited as the Trade Marks (Amendment) Rules 2007 and shall come into force on 1st October 2007.
Amendments to the Trade Mark Rules 2000
2
The Trade Marks Rules 2000 are amended as follows.
3
After rule 11, insert —
Notifying results of search
11A
1
Where, following any search under Article 4 of the Trade Marks (Relative Grounds) Order 2007, it appears to the registrar that the requirements for registration mentioned in section 5 are not met, she shall notify this fact to —
a
the applicant; and
b
any relevant proprietor.
2
In paragraph (1), “relevant proprietor” means —
a
the proprietor of a registered trade mark or international trade mark ( UK ) which is an earlier trade mark in relation to which it appears to the registrar that the conditions set out in section 5(1) or (2) obtain but does not include a proprietor who has notified the registrar that he does not wish to be notified; and
b
the proprietor of a Community trade mark or international trade mark ( EC ) which is an earlier trade mark in relation to which it appears to the registrar that the conditions set out in section 5(1) or (2) obtain and who has filed a request to be notified in relation to that mark in accordance with paragraph (4) below.
3
References in paragraph (2) to the proprietor of a trade mark include a person who has applied for registration of a trade mark which, if registered, would be an earlier trade mark by virtue of section 6(1)(a) or (b).
4
The proprietor of a Community trade mark or international trade mark (EC) may file a request to be notified in relation to that mark of the results of a notifiable search on Form TM6, which shall be filed electronically using the filing system provided on the Office website, or by such other means as the registrar may at her discretion permit in any particular case, and shall be subject to payment of the prescribed fee.
5
In paragraph (4) a “notifiable search” means any search under Article 4 of the Trade Marks (Relative Grounds) Order 2007 conducted within the period of three years beginning with the date on which the request was filed.
6
The filing of any request under paragraph (4) shall be subject to such terms or conditions as the registrar may specify generally by published notice or in any particular case by written notice to the person desiring to file the request otherwise than by electronic means.
7
Rule 54 shall not apply to any decision made in pursuance of this rule.
8
No decision made in pursuance of this rule shall be subject to appeal.
.
4
1
Rule 13 (opposition proceedings) shall be amended as follows —
2
For paragraph (1) substitute —
1
Any notice to the registrar of opposition to the registration, including the statement of the grounds of opposition, shall be filed on Form TM7.
1A
The time prescribed for the purposes of section 38(2) shall be the period of three months beginning with the date on which the application was published.
.
3
Paragraph (2)(c) shall be omitted.
5
After rule 14, insert —
Procedure for intervention
14A
1
If the opposition or part of it is based on the relative grounds for refusal set out in section 5(1), (2) or (3), any person in paragraph (3) may file an application to the registrar on Form TM27 for leave to intervene and the registrar may, after hearing the parties concerned if so required, refuse such leave or grant leave upon such terms and conditions (including any undertaking as to costs) as she thinks fit.
2
Any person granted leave to intervene shall, subject to any terms and conditions imposed in respect of the intervention, be treated as a party to the proceedings for the purposes of the application of the provisions of rules 13B, 13C, and 60 and shall be entitled to receive written notice of the decision of the registrar under Rule 14.
3
The persons referred to in paragraph (1) are:
a
the licensee of an earlier trade mark included in the statement of the grounds of opposition; and
b
in the case of a collective mark or certification mark, the authorised user of an earlier collective mark or certification mark included in the statement of the grounds of opposition.
.
6
In rule 2(1), omit the entry for “proprietor”.
Transitional provisions
7
Rule 3 shall not apply to an application which was published before the coming into force of the Trade Marks (Relative Grounds) Order 2007 .
Triesman
Parliamentary Under Secretary of State for Intellectual Property and Quality
Department for Innovation, Universities and Skills
18th July 2007


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) (Amendment) Regulations 2007 and shall come into force on 11th April 2007.
2
These Regulations have effect in relation to periods of account ending on or after 11th April 2007.
This is subject to paragraph (3).
3
Where a company ceased to be party to a debtor relationship to which regulation 12(1)(a)(i) of the Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) Regulations 2004 applies before 11th April 2007 regulation 6 shall not apply in respect of that relationship.
Amendment to the Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) Regulations 2004
2
Amend the Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) Regulations 2004 as follows.
3
1
Amend regulation 4A (relevant value) as follows.
2
in paragraph (2)(c)(i) —
a
for “the first” substitute “an”;
b
after “2005” insert “(“the new period”)”.
3
In paragraph (3) for the words from “its” to the end substitute “the new period”.
4
In regulation 5 (regulations 3 and 4: supplementary), in paragraph (2) in sub-paragraphs (a) and (b) for “third condition” substitute “condition 2”.
5
1
Amend regulation 6 (rules about fair value profits and losses) as follows.
2
In paragraph (3) at the beginning insert “Except where an election has been made under paragraph (3A)”.
3
In paragraph (3A) —
a
for “to” substitute “and”;
b
in paragraph (a) at the beginning insert “regulation 7 shall not apply, to”;
c
in paragraph (b) at the beginning insert “regulation 8 shall not apply, to”.
4
In paragraph (5) after “(5A)” insert “and except where an election has been made under paragraph (5B)”.
5
In paragraph (6A) for “(5A)” substitute “(5B)”.
6
In regulation 12 (profits and losses arising from loan relationships with embedded derivatives) , in paragraph (2)(a) for the words from “debits” to the end substitute
all debits and credits in respect of the host contract save for —
debits in relation to interest accruing in respect of the debtor relationship,
credits and debits in respect of discounts, premiums, fees and other incidental costs to the extent that these amounts are not within section 92A(3) of the Finance Act 1996 , and
debits and credits in respect of exchange gains and losses,
without regard to the amounts given by the effective interest method, and
.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
21st March 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Performance Targets) (England) (Amendment) Regulations 2007 and come into force on 12th November 2007.
2
These regulations apply only in relation to schools in England.
Amendment of Regulations
2
The Education (School Performance Targets) (England) Regulations 2004 are amended as follows.
3
In regulation 2 (Interpretation) —
a
in the definition of “approved qualification”, omit the words “entry level, level 1 or”;
b
before the definition of “ GCE AS level” insert —
“first key stage” has the same meaning as in section 82(1)(a) of the 2002 Act;
;
“fourth key stage pupils” means pupils who are in the fourth key stage referred to in section 82(1)(d) of the 2002 Act;
;
c
omit the definitions of “level 1”, “level 4” and “level 5”; and
d
before “level 2 threshold”, insert —
“level” means any level of the National Curriculum attainment targets as specified in an Order made or having effect as if made by the Secretary of State under section 87(3)(a) of the 2002 Act and “level 4” and “level 5” are construed accordingly;
.
4
In regulation 3 (Targets for pupils in the second key stage), for paragraph (3) substitute —
3
The targets referred to in paragraph (2) are —
a
the percentage of the relevant group of second key stage pupils to achieve level 4 or above in such tests in both English and mathematics;
b
in such tests in English, the percentage of the relevant group of second key stage pupils to achieve a level that is at least 2 levels higher than the level achieved at the end of the first key stage; and
c
in such tests in mathematics, the percentage of the relevant group of second key stage pupils to achieve a level that is at least 2 levels higher than the level achieved at the end of the first key stage.
.
5
In regulation 4 (Targets for pupils in the third key stage), for paragraph (3) substitute —
3
The targets referred to in paragraph (2) are —
a
the percentage of the relevant group of third key stage pupils to achieve level 5 or above in NC tests in both English and mathematics;
b
the percentage of the relevant group of third key stage pupils to achieve level 5 or above in NC tests in science;
c
in NC tests in English, the percentage of the relevant group of third key stage pupils to achieve a level that is at least 2 levels higher than the level achieved at the end of the second key stage; and
d
in NC tests in mathematics, the percentage of the relevant group of third key stage pupils to achieve a level that is at least 2 levels higher than the level achieved at the end of the second key stage.
.
6
In regulation 5 (Targets for pupils aged 15) —
a
in the title of the regulation and in paragraph (2), for “pupils aged 15” substitute, “pupils in the fourth key stage”;
b
in paragraph (1), for “have attained the age of 15”, substitute “are in the fourth key stage”;
c
for paragraph (3), substitute —
3
The targets referred to in paragraph (2) are —
a
the percentage of the relevant group of fourth key stage pupils to achieve the level 2 threshold in approved qualifications including grades A* - C in English and Mathematics GCSE qualifications;
b
in approved GCSE qualifications in English the percentage of the relevant group of fourth key stage pupils to achieve a grade that is the equivalent of a level at least 2 levels higher than the level achieved at the end of the third key stage; and
c
in approved GCSE qualifications in mathematics, the percentage of the relevant group of fourth key stage pupils to achieve a grade that is the equivalent of a level at least 2 levels higher than the level achieved at the end of the third key stage.
;
d
in paragraph (5) —
i
for “the relevant group of pupils aged 15” substitute “the relevant group of pupils in the fourth key stage”;
ii
for sub-paragraphs (i) and (ii) substitute —
i
will be registered pupils at a maintained school; and
ii
will be in the final year of the fourth key stage.
;
e
after paragraph (7), insert —
8
For the purposes of paragraph (3) of this regulation, the equivalent of a level is that which is shown in the table in Schedule 1A.
.
7
Before Schedule 2, insert —
SCHEDULE 1A
Regulations 5(3) and (8)
National Curriculum level Equivalent level at GCSE
8 A* 7 A 6 B 5 C 4 D 3 E 2 F Below level 2 G
Jim Knight
Minister of State
Department for Children, Schools and Families
14th October 2007


text:
Citation
1
This Order may be cited as the Knaresborough St John’s CofE Primary School (Designation as having a Religious Character) Order 2007.
Designation of School
2
1
The Knaresborough St John’s CofE Primary School, Stockwell Road, Knaresborough, HG5 0JN, a voluntary controlled 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 Church of England.
Sinead O’Sullivan
A Deputy Director in the
Department for Children, Schools and Families
17th December 2007


text:
The Authority —
a
pursuant to section 96(3) of the Act, on 15 th January 2007, gave notice of the proposal —
i
to such associations of local education authorities, bodies representing the interests of school governing bodies and organisations representing school teachers as appeared to the Authority to be concerned; and
ii
to other persons with whom consultation appeared to the Authority to be desirable,
and gave them a reasonable opportunity of submitting evidence and representations as to the issues arising; and
b
submitted its report on the proposal to the Secretary of State on 30 th March 2007 pursuant to section 96(4) of the Act, that report containing —
i
a summary of the views expressed during the consultations; and
ii
the Authority’s recommendations as to the proposal;
c
after submitting the report to the Secretary of State, arranged for it to be published pursuant to section 96(5) of the Act.
The Secretary of State —
a
pursuant to section 96(6) of the Act, published on 18 th May 2007 in the manner which, in his opinion, was likely to bring them to the notice of persons having a special interest in education, a draft of this Order (together with the Document (“the Document”) referred to in the principal Order and in the amendments to the principal Order made by this Order) and sent copies of the draft of this Order (and the Document) to the Authority and to each of the persons consulted by the Authority;
b
allowed pursuant to section 96(7) of the Act until 17 th June 2007, being a period of not less than one month, for the submission of evidence and representations as to the issues arising;
c
considers in accordance with section 87(2) of the Act that the early learning goals in the Document specified in this Order as amended by article 2(3) are appropriate for the foundation stage; and
d
now makes this Order without modifications.
Citation and commencement
1
This Order may be cited as the Education (National Curriculum) (Foundation Stage Early Learning Goals) (England) (Amendment) Order 2007 and comes into force on 31 st August 2007.
Amendment of article 2 of S.I. 2003/391 : the amended early learning goals
2
For article 2(1) of the Education (National Curriculum) (Foundation Stage Early Learning Goals) (England) Order 2003 substitute the following —
1
The early learning goals specified for the purposes of the National Curriculum for the foundation stage in relation to the areas of learning specified in section 83(2) of the Act are the early learning goals specified in this article.
1A
It is directed that the provisions relating to early learning goals specified in the following provisions of this article are to have effect for those purposes.
1B
Subject to paragraph (1C), the early learning goals set out in the Document are specified.
1C
The provisions of the Document are to have effect as amended by substituting for the early learning goal “Hear and say initial and final sounds in words, and short sounds within words” the following —
Hear and say sounds in words in the order in which they occur
,
and those provisions as amended are specified.
.
Beverley Hughes
Minister of State
Department for Education and Skills
25th June 2007


text:
Citation and commencement
1
This Order may be cited as the Licensing Act 2003 (Consequential Amendment)(Non-Domestic Rating)(Public Houses in England) Order 2007 and comes into force on 31st March 2007.
Interpretation
2
In this Order, “the 2001 Order ” means the Non-Domestic Rating (Public Houses and Petrol Filling Stations)(England) Order 2001 .
Amendment
3
In article 1(2) of the 2001 Order —
a
before the definition of “petrol filling station”, insert-
“alcohol” has the meaning given by section 191 of the Licensing Act 2003 (“the 2003 Act ”);
;
b
in the definition of “premises” for “Licensing Act 2003” substitute “the 2003 Act”;
c
for the definition of “public house” substitute-
“public house” means premises that satisfy the following conditions:
a premises licence authorising the sale by retail of alcohol for consumption on the premises has effect;
the premises are used principally for such sales to members of the public for consumption on the premises; and
the sales are not made subject to the condition that buyers reside at or consume food on the premises.
;
d
omit the definition of “relevant premises licence”.
Shaun Woodward
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
7th March 2007


text:
1
This Order may be cited as the A1 Trunk Road (A151/B676 Junction and B6403 Junction Improvements Colsterworth) Order 2007 and shall come into force on 16 February 2007.
2
In this Order —
a
“the new trunk roads” means the slip roads;
b
“the plan” means the plan folio consisting of the key plan and the site plans, numbered HA 10/MP/073 and marked “The A1 Trunk Road (A151/B676 Junction and B6403 Junction Improvements Colsterworth) Order 2007”, signed by authority of the Secretary of State for Transport and deposited at DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
c
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order and which connect the main new road with other highways or proposed highways at the places stated in that Schedule.
3
The slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
I Scholey
A Divisional Director Highways Agency
30 January 2007


text:
Citation and commencement
1
This Order may be cited as the Regulatory Reform (Financial Services and Markets Act 2000) Order 2007 and shall come into force on the day after the day on which it is made.
Amendments to the Financial Services and Markets Act 2000
2
The Financial Services and Markets Act 2000 is amended as follows.
Partnerships and unincorporated associations
3
In section 32 (partnerships and unincorporated associations) —
a
in subsection (2), after “in relation to any” insert “individual or”;
b
for subsection (3), substitute —
3
For the purposes of this section, an individual or firm is to be regarded as succeeding to the business of a dissolved firm only if succession is to the whole or substantially the whole of the business of the former firm.
.
Persons connected with an applicant
4
In section 49 (persons connected with an applicant), for subsection (2)(b) substitute —
b
varying any permission given by the Authority to such a person, where the effect of the variation is to grant permission for the purposes of a single market directive other than the one for the purposes of which the existing permission was granted,
.
Discontinuance and suspension of listing on the application of an issuer
5
In section 77 (discontinuance and suspension of listing) —
a
after subsection (2) insert —
2A
The competent authority may discontinue under subsection (1) or suspend under subsection (2) the listing of any securities on its own initiative or on the application of the issuer of those securities.
;
b
in subsection (5) after “any securities,” insert “on its own initiative,”.
6
In section 78 (discontinuance or suspension: procedure) —
a
in subsection (1), after “suspension” insert “by the competent authority on its own initiative”;
b
in subsection (2), after “If” insert “on its own initiative”;
c
in subsection (10), after “securities” , the first time it occurs, insert “on its own initiative”.
7
After section 78 insert —
Discontinuance or suspension at the request of the issuer: procedure
78A
1
A discontinuance or suspension by the competent authority on the application of the issuer of the securities takes effect —
a
immediately, if the notice under subsection (2) states that this is the case;
b
in any other case, on such date as may be specified in that notice.
2
If the competent authority discontinues or suspends the listing of securities on the application of the issuer of the securities it must give him written notice.
3
The notice must —
a
give details of the discontinuance or suspension;
b
inform the issuer of the securities of the date on which the discontinuance or suspension took effect or will take effect; and
c
inform the issuer of his right to apply for the cancellation of the suspension.
4
If the competent authority proposes to refuse an application by the issuer of the securities for the discontinuance or suspension of the listing of the securities, it must give him a warning notice.
5
The competent authority must, having considered any representations made in response to the warning notice, if it decides to refuse the application, give the issuer of the securities a decision notice.
6
If the competent authority decides to refuse an application by the issuer of the securities for the discontinuance or suspension of the listing of the securities, the issuer may refer the matter to the Tribunal.
7
If the competent authority has suspended the listing of securities on the application of the issuer of the securities and proposes to refuse an application by the issuer for the cancellation of the suspension, it must give him a warning notice.
8
The competent authority must, having considered any representations made in response to the warning notice —
a
if it decides to refuse the application for the cancellation of the suspension, give the issuer of the securities a decision notice;
b
if it grants the application, give him written notice of its decision.
9
If the competent authority decides to refuse an application for the cancellation of the suspension of listed securities, the applicant may refer the matter to the Tribunal.
10
“Discontinuance” means a discontinuance of listing under section 77(1).
11
“Suspension” means a suspension of listing under section 77(2).
.
8
In section 395 (the Authority’s procedures) , in subsection (13) after paragraph (b) insert “(bza) 78A(2) or (8)(b);”.
Cancellation of approval at the request of a sponsor
9
In section 88 (sponsors), in subsection (4)(b) after “as a sponsor” insert “otherwise than at his request”.
Modification or waiver of rules
10
In section 148 (modification or waiver of rules) —
a
omit subsection (1);
b
for subsection (2), substitute —
2
The Authority may, on the application or with the consent of a person who is subject to rules made by the Authority, direct that all or any of those rules (other than rules made under section 247 (trust scheme rules) or section 248 (scheme particulars rules)) —
a
are not to apply to that person; or
b
are to apply to him with such modifications as may be specified in the direction.
;
c
in subsections (4)(a), (7)(b), (8) and (9)(b) omit “authorised”;
d
in subsection (11), for “an authorised person” substitute “a person”.
11
In section 250 (modification or waiver of rules) —
a
omit subsection (4)(a);
b
in subsection (4)(b), for “authorised person (except in subsection (4)(a))” substitute “person”;
c
in subsection (5)(a), (b), (d) and (e), omit “authorised”.
12
In regulation 7 (modification or waiver of FSA rules) of the Open-Ended Investment Companies Regulations 2001 —
a
omit paragraph (3)(a);
b
in paragraph (3)(b), for “authorised person (except in subsection (4)(a))” substitute “person”;
c
in paragraph (4)(a),(b) and (d), omit “authorised”.
Guidance
13
In section 157 (guidance), in subsection (3) for “subsections (1), (2) and (4) to (10) of section 155 apply to the proposed guidance as they apply to proposed rules” substitute “subsections (1), (2)(d) and (4) of section 155 apply to the proposed guidance as they apply to proposed rules, unless the Authority considers that the delay in complying with them would be prejudicial to the interests of consumers”.
Arrangements for discharging functions
14
In Schedule 1, in paragraph 5 (arrangements for discharging functions), for sub-paragraph (2) substitute —
2
But —
a
in exercising the legislative functions mentioned in paragraph 1(2)(a) to (d), the Authority must act through its governing body; and
b
the legislative function mentioned in paragraph 1(2)(e) may not be discharged by an officer or member of staff of the Authority.
.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
11th July 2007


text:
Citation and commencement
1
This Order may be cited as the Lord Chancellor (Transfer of Functions and Supplementary Provisions) Order 2007 and shall come into force on 1st April 2007.
Interpretation
2
A reference in this Order to any document or instrument is a reference to that document or instrument as amended.
Transfer and abolition of functions
3
The Schedule has effect with respect to the transfer and abolition of functions of the Lord Chancellor and makes supplementary and consequential provision.
Falconer of Thoroton, C
Date 4th March 2007


text:
1
This Order may be cited as the Value Added Tax (Payments on Account) (Amendment) Order 2007 and comes into force on 1st June 2007.
2
In the Value Added Tax (Payments on Account) Order 1993 , after article 2 insert —
Supplies to which section 55A(6) of the Act applies (customers to account for tax on supplies of a kind used in missing trader intra-community fraud)
2A
Where, on application, a taxable person satisfies the Commissioners that, by reason solely of any amount that he is liable to pay by virtue of section 55A(6) of the Act —
a
he falls within article 5 or 6 below, or
b
the amount of each of his payments on account is increased,
then, with effect from the date of the approval by the Commissioners of the application, any amount that he is so liable to pay by virtue of that section shall be disregarded for the purposes of those articles or, as the case may be, the calculation of the amount of each of his payments on account.
.
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
10th May 2007


text:
Citation and commencement
1
This Order may be cited as the Good Hope Hospital National Health Service Trust (Dissolution) Order 2007 and shall come into force on 8 th April 2007.
Dissolution of NHS trust
2
The Good Hope Hospital National Health Service Trust established by the Good Hope Hospital National Health Service Trust (Establishment) Order 1992 is dissolved, and accordingly that Order is revoked.
Signed by the Secretary of State for Health
Patricia Hewitt
Secretary of State for Health
Department of Health
29th March 2007


text:
1
These Regulations may be cited as the Enduring Powers of Attorney (Prescribed Form) (Amendment) Amendment Regulations 2007 and shall come into force on 30 th March 2007.
2
In regulation 3 of the Enduring Powers of Attorney (Prescribed Form) (Amendment) Regulations 2005 , for “1 st April 2007” substitute “1 st October 2007”.
Signed by authority of the Lord Chancellor
Cathy Ashton
Parliamentary Under Secretary of State
Department for Constitutional Affairs
Date 23 February 2007


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment) Regulations 2007.
2
These Regulations shall come into force on 6th April 2007.
Amendments to the Social Security (Contributions) Regulations 2001
2
The Social Security (Contributions) Regulations 2001 are amended as follows.
3
Amend regulation 10 (earnings limits and thresholds) as follows —
a
for “2006” substitute “2007”;
b
in paragraph (a) for “£84” substitute “£87”;
c
in paragraph (b) for “£645” substitute “£670”; and
d
in paragraphs (c) and (d) for “£97” substitute “£100”.
4
Amend regulation 11(3) (prescribed equivalents) as follows —
a
in sub-paragraph (a) for “£420” substitute “£435”; and
b
in sub-paragraph (b) for “£5,035” substitute “£5,225”.
Kevin Brennan
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd January 2007