text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Quick-frozen Foodstuffs (England) Regulations 2007;
b
come into force on 1 st March 2007; and
c
apply in relation to England only.
Interpretation
2
1
In these Regulations-
“ the Act ” means the Food Safety Act 1990 ;
“authorised officer” in relation to an enforcement authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under these Regulations;
“catering establishment” has the meaning that it bears in the Food Labelling Regulations 1996 ;
“Directive 89/108” means Council Directive 89/108/ EEC on the approximation of the laws of Member States relating to quick-frozen foodstuffs for human consumption ;
“Directive 92/2” means Commission Directive 92/2/EEC laying down the sampling procedure and the Community method of analysis for the official control of the temperatures of quick-frozen foods intended for human consumption ;
“enforcement authority” means the authority which, by virtue of regulation 9(5), is responsible for executing and enforcing these Regulations;
“food” has the meaning that it bears in Regulation 178/2002;
“food authority” has the meaning it bears by virtue of section 5(1) of the Act, except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple);
“local distribution”, in relation to any product, means that part of the distribution chain in which the product is delivered to the point of placing on the market for retail purposes (such placing on the market to include placing on the market to a catering establishment);
“placing on the market” has the meaning that it bears in Regulation 178/2002 and “placed on the market” and “place on the market” shall be construed accordingly;
“prepackaging” shall be construed in accordance with the definition of “prepacked” in the Food Labelling Regulations 1996 but with the words “placed on the market” being substituted for the words “offered for sale”;
“quick-frozen foodstuff” means a product–
comprising food which has undergone a freezing process known as “quick-freezing” whereby the zone of maximum crystallisation is crossed as rapidly as possible, depending on the type of product; and
which is labelled for the purpose of placing on the market to indicate that it has undergone that process,
but does not include ice-cream or any other edible ice;
“Regulation 178/2002” means Regulation (EC) No. 178/2002 of the European Parliament and the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety;
“Regulation 37/2005” means Commission Regulation (EC) No. 37/2005 on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption ;
“retail display cabinet” means any cabinet from which a quick-frozen foodstuff is placed on the market for retail purposes or in the course of a cash-and-carry business;
“specified Community provision” means any provision of Regulation 37/2005 that is specified in column 1 of Schedule 1 and whose subject-matter is described in column 2 of that Schedule; and
“ultimate consumer” has the meaning that it bears in the Food Labelling Regulations 1996.
2
Unless the context otherwise requires, any expression used both in these Regulations and in Directive 89/108, Directive 92/2 or Regulation 37/2005 has the meaning that it bears in Directive 89/108, Directive 92/2 or Regulation 37/2005, as the case may be.
3
Where any functions under the Act are assigned —
a
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 , to a port health authority;
b
by an order under section 6 of the Public Health Act 1936 , to a joint board for a united district; or
c
by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985 , to a single authority for a metropolitan country,
any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.
Placing on the market of quick-frozen foodstuffs
3
No person shall place a quick-frozen foodstuff on the market for human consumption unless the conditions set out in paragraph 1 of Schedule 2 are satisfied in relation to it.
Packaging of quick-frozen foodstuffs intended for the ultimate consumer
4
No person shall place any quick-frozen foodstuff intended for the ultimate consumer on the market unless —
a
it has been packed by its manufacturer or packer in such prepackaging as is suitable to protect it from microbial and other forms of external contamination and against dehydration; and
b
the quick-frozen foodstuff has remained in such prepackaging up to the time of placing on the market.
Marking or labelling of quick-frozen foodstuffs
5
1
No person shall place on the market any food intended for the ultimate consumer or any catering establishment where its marking or labelling contravenes paragraph (2) or (3) and no person shall place on the market any food intended for any other person where its marking or labelling contravenes paragraph (2) or (4).
2
The description “quick-frozen” or any other description listed in Article 8.1(a) of Directive 89/108 shall only be used in the labelling for the purpose of the placing on the market of —
a
a quick-frozen foodstuff; or
b
a food which by virtue of that labelling becomes a quick-frozen foodstuff.
3
A quick-frozen foodstuff intended for supply, without further processing, to the ultimate consumer or to a catering establishment shall, in addition to the description “quick-frozen” (and, as the intending supplier may see fit, any other description listed in Article 8.1(a) of Directive 89/108) added to its sales name, be marked or labelled on its packaging, container or wrapping, or on a label attached thereto, with-
a
an indication of the date of minimum durability;
b
an indication of the maximum period during which it is advisable to store it;
c
an indication of-
i
the temperature at which, and/or
ii
the equipment in which,
it is advisable to store it;
d
a reference allowing identification of the batch to which it belongs; and
e
a clear message of the type “do not refreeze after defrosting”.
4
Any other quick-frozen foodstuff shall, in addition to the description “quick-frozen” (and, as the supplier may see fit, any other description listed in Article 8.1(a) of Directive 89/108) added to its sales name, be marked or labelled on its packaging, container or wrapping, or on a label attached thereto, with-
a
a reference allowing identification of the batch to which it belongs; and
b
the name or business name and address of the manufacturer or packer, or of a person established within the European Community who places that foodstuff on the market.
Equipment
6
Each food operator handling a quick-frozen foodstuff intended for placing on the market for human consumption shall ensure during each stage during which it is within his care and control that the equipment used in respect of that foodstuff is such as to ensure that no act or omission on his part would cause the placing on the market of the foodstuff for human consumption to contravene these Regulations.
Sampling and method of measuring temperatures
7
Where, further to an inspection, an authorised officer of an enforcement authority has reasonable grounds to believe that the temperatures that are being or have been maintained in respect of any quick-frozen foodstuff are not the temperatures prescribed for such foodstuff in paragraph 1(e) and (f) of Schedule 2, he shall further inspect such quick-frozen foodstuff and such temperatures in accordance with the provisions of Directive 92/2.
Records
8
Each food operator handling a quick-frozen foodstuff shall at the request of an authorised officer of an enforcement authority make records required to be kept under Article 2 of Regulation 37/2005 available to that or another authorised officer of that authority.
Offences, penalties and enforcement
9
1
If any person contravenes or fails to comply with regulation 3, 4, 5(1), 6 or 8 he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Subject to paragraphs (3) and (4), if any person contravenes or fails to comply with a specified Community provision he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
A person shall be considered not to have contravened or failed to comply with the first paragraph of Article 2.2 of Regulation 37/2005 if the requirements of Schedule 3 are complied with.
4
A person shall be considered not to have contravened or failed to comply with any provision of Article 2 of Regulation 37/2005 if —
a
the offence which would otherwise have been committed was in respect of a cold store facility with a capacity of less than 10m 3 used for storing stock in retail outlets; and
b
the air temperature in the cold store is measured by an easily visible thermometer.
5
Each food authority shall execute and enforce these Regulations within its area.
Application of various provisions of the Food Safety Act 1990
10
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or a Part of it shall be construed as a reference to these Regulations —
a
section 3 (presumptions that food intended for human consumption);
b
section 20 (offences due to fault of another person);
c
section 21 (defence of due diligence) , with the modifications that subsections (2) to (4) shall apply in relation to an offence under regulation 9(1) consisting of a contravention or failure to comply with regulation 3, 4 or 5(1) as they apply in relation to an offence under section 14 or 15 and that in subsection 4(b) the references to “sale” shall be deemed to include references to “placing on the market”;
d
section 30(8) (which relates to documentary evidence);
e
section 33(1) (obstruction etc. of officers);
f
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub-paragraph (e);
g
section 35(1) (punishment of offences) , in so far as it relates to offences under section 33(1) as applied by sub-paragraph (e);
h
section 35(2) and (3) , in so far as it relates to offences under section 33(2) as applied by sub-paragraph (f);
i
section 36 (offences by bodies corporate);
j
section 36A (offences by Scottish partnerships) ;
k
section 44 (protection of officers acting in good faith); and
l
section 58(1) (which relates to territorial waters).
Revocation
11
In so far as they apply in relation to England, the Quick-frozen Foodstuffs Regulations 1990 are revoked.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State,
Department of Health
20th January 2007


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Recovery of Maintenance (United States of America) Order 2007.
2
This Order shall come into force on 1st October 2007.
Interpretation
2
In this Order –
“ the Act ” means the Maintenance Orders (Reciprocal Enforcement) Act 1972 ;
“the applicant” means the applicant under section 26 of the Act;
“child” has the meaning it bears in the Child Support Act 1991 ;
“the United States of America” means the fifty States, the District of Columbia, Guam, Puerto Rico, the United States Virgin Islands, and any other jurisdiction of the United States participating in Title IV-D of the Social Security Act (Title 42, United States Code, Chapter 7, subchapter IV , Part D).
Application and modification of Part II of the Act in relation to the United States of America
3
1
The provisions of Part II of the Act shall apply to the United States of America as they apply in relation to a convention country, subject to the modification set out in paragraph (2) below.
2
After section 26(3) of the Act there shall be inserted: —
3A
An application under subsection (1) or (2) above, for the purpose of recovering maintenance from a person in the United States of America within the meaning of the Recovery of Maintenance (United States of America) Order 2007, and a certificate signed by a justice of the peace or, where the applicant is residing in Northern Ireland, a resident magistrate or, where the applicant is residing in Scotland, by the sheriff, to the effect that the application sets forth facts from which it may be determined that the respondent owes a duty to maintain the applicant and any other person named in the application and that a court in the United States of America may obtain jurisdiction of the respondent or his property, shall be registered in the court in the prescribed manner by the appropriate officer or, in Scotland, by the sheriff clerk in the Maintenance Orders (Reciprocal Enforcement) Act 1972 Register.
.
Application to Scotland
4
This Order applies to Scotland only in respect of a claim for the recovery of maintenance where the Secretary of State would have had jurisdiction to make a maintenance calculation (within the meaning of the Child Support Act 1991) as regards that maintenance with respect to a child —
a
who is the applicant claiming the maintenance; or
b
where the applicant claiming the maintenance is another person in relation to whom the Secretary of State has arranged for the collection of payments for that child’s benefit.
Transitional provisions
5
1
This Order applies to-
a
any application made on or after 1st October 2007 to the Lord Chancellor or to the Scottish Ministers under section 26(1) of the Act for a claim for the recovery of maintenance from a person in the United States of America to be transmitted to the United States of America;
b
any application made on or after 1st October 2007 to the Lord Chancellor or to the Scottish Ministers under section 26(2) of the Act for the variation of provision made in the United States of America for the payment by another person of maintenance to the applicant, and for the application to be transmitted to the United States of America;
c
any application received on or after 1st October 2007 from the appropriate authority in the United States of America by the Lord Chancellor under section 27A(1) of the Act for the recovery of maintenance from a person who is for the time being residing in England and Wales, or under section 28C of the Act for the recovery of maintenance from a person who is for the time being resident in Northern Ireland, or by the Scottish Ministers under section 31(1) of the Act for the recovery of maintenance from a person who is for the time being resident in Scotland; or
d
any application made under Part II of the Act in respect of an application falling within paragraph (a), (b) or (c).
2
Subject to paragraph (1), the Recovery of Maintenance (United States of America) Order 1993 shall continue in full force and effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 9) Regulations 2007 and shall come into force on 30th October 2007.
2
In these Regulations —
“the commencement date” means the date on which these Regulations come into force; and
“construction operations” has the meaning given by section 74 of the Finance Act 2004 .
Amendment of the Social Security (Contributions) Regulations 2001 ( S.I. 2001/1004 )
2
1
The Social Security (Contributions) Regulations 2001 shall be amended in accordance with paragraph (2), but subject to the saving in paragraph (3).
2
In Part 10 of Schedule 3 (miscellaneous sums disregarded in the computation of earnings), paragraph 12 (holiday pay) is revoked.
3
But paragraph 12 of Part 10 of Schedule 3 shall continue to have effect until the fifth anniversary of the commencement date in the case of holiday pay derived from an employed earner’s employment if —
a
the secondary contributor in relation to that employment is a person carrying on a business which includes construction operations; and
b
the employed earner was personally engaged in such operations at the time that entitlement to that pay accrued.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
9th October 2007
The Secretary of State concurs.
Mike O’Brien
Minister of State,
Department for Work and Pensions
8th October 2007
The Department for Social Development concurs.
The Official Seal of the Department is affixed on the 8th October 2007
B McGahan
A Senior Officer of the Department for Social Development


text:
Citation and commencement
1
These Regulations may be cited as the Offshore Combustion Installations (Prevention and Control of Pollution) (Amendment) Regulations 2007 and shall come into force on 16th April 2007.
Interpretation
2
In these Regulations “the 2001 Regulations ” means the Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001 .
Amendment of 2001 Regulations
3
The 2001 Regulations are amended as follows.
4
In regulation 2 (Interpretation) —
a
before the definition of “ EEA State”, insert —
“the Directive” means Council Directive 96/61/ EC concerning integrated pollution prevention and control ;
;
b
for the definition of “EEA State” substitute —
“EEA State” means a member State, Norway, Iceland or Liechtenstein;
;
c
before the definition of “emission value limit”, insert —
“electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa) while in an electronic form;
;
d
in the definition of “Scottish controlled waters”, after “1974;” omit “and”;
e
for the definition of “substantial change” substitute —
“substantial change” means —
a change the extent of which is greater than a rated thermal input of 50 megawatts; or
a change in operation which may have significant negative effects on people or the environment; and
; and
f
after the definition of “substantial change”, insert —
“transboundary area” means the area comprising the relevant area but excluding —
so much of the territorial sea of the United Kingdom as is adjacent to Scotland; and
the places above and below the waters referred to in paragraph (a) above.
.
5
In paragraph (1) of regulation 5 (Contents of application for permit) —
a
in sub-paragraph (h), after “above;” omit “and”;
b
in sub-paragraph (i), for “environment.” substitute “environment; and”; and
c
after sub-paragraph (i), insert —
j
the main alternatives (if any) studied by the applicant, in outline.
.
6
In regulation 7 (Publicity regarding application for permit) —
a
for paragraph (1) substitute —
1
Where the Secretary of State receives an application for a permit he shall publish a notice —
a
in the Gazettes; and
b
by any other means he considers appropriate (which may include an electronic communication).
;
b
before paragraph (2), insert —
1A
A notice published pursuant to paragraph (1) above must —
a
state that a copy of the application may be obtained on request;
b
specify an address from which such a copy may be obtained;
c
specify a date not less than 4 weeks after the date of publication in the Gazettes or, if the notice is not published on the same day in each Gazette, last such date of publication, by which persons may make representations regarding the application;
d
specify an address to which such representations are to be sent;
e
state, where applicable, the fact that a decision is subject to a national or transboundary environmental impact assessment pursuant to paragraphs (3) and (4) below; and
f
state the nature of possible decisions in response to the application.
1B
The Secretary of State shall take such steps as he considers appropriate to ensure that additional information is made available to the public forthwith so that comments may be made by persons affected by or with an interest in an application.
1C
Where additional information is made available to the public pursuant to paragraph (1B) above, the Secretary of State shall take such steps as he considers appropriate having regard to the particular circumstances of the case, to allow persons affected by or with an interest in an application to make representations in respect of the application before a permit is granted.
;
c
in paragraph (3) —
i
for “Subject to paragraph (5) below” substitute “Subject to paragraphs (3A) and (5) below”; and
ii
for “a copy of the application” substitute “the information made public pursuant to paragraphs (1) and (1B)”;
d
before paragraph (4), insert —
3A
Paragraph (3) shall only apply where the Secretary of State has received an application for a permit within the meaning of Article 4 or Article 12(2) of the Directive.
;
e
in paragraph (4), after “sent” insert —
, and shall take into account any such representations received from persons in those EEA States
; and
f
after paragraph (6), insert —
7
In this regulation “additional information” means any other information of material relevance to the Secretary of State’s decision that becomes available to the Secretary of State after an application for a permit has been submitted to him.
.
7
Before regulation 8 (Variation of conditions of permit on application of operator), insert —
Publicity regarding projects in other EEA States having a significant effect on the environment in the transboundary area
7A
1
Where, pursuant to Article 17(1) of the Directive, the Secretary of State receives from another EEA State information which that EEA State has gathered from the developer of a combustion installation in that EEA State which is likely to have significant effects on the environment of the transboundary area, the Secretary of State shall —
a
enter into consultations with that EEA State regarding, inter alia, the potential significant negative effects of the proposed combustion installation on the environment of the transboundary area;
b
arrange for the information received from that EEA State to be made available, within a reasonable time, both to the authorities in the United Kingdom which he considers are likely to be concerned by the combustion installation by reason of their particular environmental responsibilities, and to the public;
c
ensure that those authorities and the public in the United Kingdom are given an opportunity, before a decision is reached, to forward to him their comments on the information supplied; and
d
send to the competent authority of the EEA State such comments as he receives.
2
The Secretary of State shall also, insofar as he has received such information, notify those authorities and the public concerned of the content of any decision of the competent authority of the EEA State, and in particular —
a
a copy of the permit and any conditions and subsequent amendments to it; and
b
the main reasons and considerations on which the decision was based including, if relevant, information about the participation of the public.
.
8
In regulation 9 (Reconsideration and updating of permit conditions) —
a
in sub-paragraph (a) of paragraph (2), after “emission limit values”, insert “, equivalent parameters or technical measures”;
b
for paragraph (3) substitute —
3
Where the Secretary of State considers that the conditions of a permit should be revised following a review pursuant to paragraphs (2)(b) or (2)(c) above —
a
the Secretary of State shall not less than 14 days prior to the relevant day, give notice to the operator of the installation concerned of his intention to issue the operator with a revised permit and of its terms; and
b
the operator shall be entitled to make representations, either in writing or by such means of electronic communication as the Secretary of State may determine, as to whether such a revised permit should be issued and as to its terms.
;
c
after paragraph (3), insert —
3A
If no representations made pursuant to paragraph (3)(b) above are received prior to the relevant day, the revised permit shall be issued and shall come into effect on that day.
3B
If representations made pursuant to paragraph (3)(b) above are received prior to the relevant day, the Secretary of State shall consider them in determining whether the revised permit as originally notified under paragraph (3)(a) above should be amended, withdrawn or issued and may determine that the revised permit should come into effect on a later day than the relevant day.
;
d
for paragraph (4) substitute —
4
Where the Secretary of State considers that the conditions of a permit should be revised following a review pursuant to paragraph (2)(a) above, he shall —
a
not less than 4 weeks prior to the relevant day give notice to the operator of the installation concerned of his intention to issue the operator with a revised permit and of its terms;
b
publish a notice —
i
in the Gazettes; and
ii
by any other means he considers appropriate (which may include an electronic communication); and
c
take such steps as he considers appropriate to ensure that any other material information that becomes available only after the information referred to in paragraph (4A) below has been made available to the public in accordance with that paragraph, is forthwith made available to the public.
;
e
after paragraph (4), insert —
4A
A notice published pursuant to paragraph (4)(b) above must —
a
state that the Secretary of State is considering revising the conditions of a permit pursuant to paragraph (2)(a) above;
b
state that a copy of the proposal for revising the permit may be obtained on request;
c
specify an address from which such a copy may be obtained;
d
specify a date not less than 4 weeks after the date of publication in the Gazettes or, if the notice is not published on the same day in each Gazette, last such date of publication, by which persons may make representations regarding the proposal;
e
specify an address to which such representations are to be sent; and
f
state the nature of possible decisions in relation to the revision of the permit.
4B
Where information is made publicly available pursuant to paragraph (4)(b) or paragraph (4)(c) above, the Secretary of State shall take such steps as he considers appropriate having regard to the particular circumstances of the case to allow persons affected by or with an interest in the proposed revision to make representations.
4C
If representations made pursuant to paragraph (4B) above are received prior to the relevant day, the Secretary of State shall consider them in determining whether the revised permit as originally notified under paragraph (4)(a) should be amended, withdrawn or issued and may determine that the revised permit shall come into effect on a later day than the relevant day.
;
f
for paragraph (5) substitute —
5
Subject to paragraph (6) below, nothing in this regulation shall require the disclosure of any information which is by virtue of the law of any part of the United Kingdom subject to an obligation of confidentiality and —
a
which relates to an individual; or
b
the disclosure of which might adversely affect the interests in a business of any person carrying on that business.
;
g
for paragraph (6) substitute —
6
Nothing in paragraph (5) above shall prevent the disclosure of other information included with information to which that paragraph applies where that other information can be separated from the information to which that paragraph applies.
; and
h
after paragraph (6), insert —
7
In this regulation, “the relevant day” is the day on which a notice given pursuant to paragraph (3)(a) or paragraph (4)(a) above, states that a revised permit shall have effect.
.
9
In regulation 11 (Register to be kept by the Secretary of State) —
a
for paragraph (1) substitute —
1
The Secretary of State shall keep a register at a place in the United Kingdom in which he shall cause to be entered —
a
the provisions of any permit granted under these Regulations and of any conditions and any subsequent amendments;
b
any results of the monitoring of the releases required to be sent to him under the conditions of any permit; and
c
details of public participation in the decision-making process, including a summary of concerns and opinions expressed by persons interested in or affected by the application, together with a summary of the reasons for the decision.
;
b
in paragraph (2), after “4 pm” insert —
, and the Secretary of State may ensure that the entry in the register of the information referred to in paragraph (1) above is made by any means he considers appropriate (including an electronic communication)
; and
c
after paragraph (2), insert —
3
In a case where information has been forwarded to an EEA State pursuant to regulation 7(3), the Secretary of State shall take the necessary steps to notify each such EEA State of all information to be entered in the register pursuant to paragraph (1) above.
.
10
In paragraph (1) of regulation 19 (Service of notices), omit the definition of “electronic communication”.
Transitional Provision
11
The amendments made by regulations 4 to 10 above shall not apply in relation to any application made under the 2001 Regulations which is received by the Secretary of State prior to the coming into force of these Regulations.
Truscott
Parliamentary Under Secretary of State for Energy
Department of Trade and Industry
19th March 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 and shall come into force on 1st October 2007.
2
Regulations 2 to 11 apply to any HMO in England which is an HMO to which section 257 of the Housing Act 2004 applies and regulation 12 applies to any HMO in England to which Part 2 of that Act (licensing of houses in multiple occupation) applies.
Interpretation
2
In these Regulations —
a
“ the Act ” means the Housing Act 2004;
b
“fixtures, fittings or appliances” are —
i
lighting, space heating or water heating appliances;
ii
toilets, baths, showers, sinks, or wash basins or any cupboards, shelving or fittings supplied in a bathroom or lavatory;
iii
cupboards, shelving or appliances used for the storage, preparation or cooking of food; and
iv
washing machines or other laundry appliances; and
c
“the manager”, in relation to an HMO, means the person managing the HMO.
Managers duties: general
3
1
Regulations 4 to 10 shall apply subject to the following limitations —
a
the manager’s duty shall only apply in relation to such parts of the HMO over which it would be reasonable to expect the licence holder, in all the circumstances, to exercise control; and
b
the manager’s duty to maintain or keep in repair is to be construed as requiring a standard of maintenance or repair that is reasonable in all the circumstances, taking account of the age, character and prospective life of the house and the locality in which it is situated.
2
Nothing in regulations 4 to 10 shall —
a
require or authorise anything to be done in connection with the water supply or drainage or the supply of gas or electricity otherwise than in accordance with any enactment; or
b
oblige the manager to take, in connection with those matters, any action which is the responsibility of a local authority or any other person, other than such action as may be necessary to bring the matter promptly to the attention of the authority or person concerned.
Duty of manager to provide information to occupier
4
The manager must ensure that his name, address and any telephone contact number are clearly displayed in a prominent position in the common parts of the HMO so that they may be seen by all occupiers.
Duty of manager to take safety measures
5
1
The manager must ensure that all means of escape from fire in the HMO are —
a
kept free from obstruction; and
b
maintained in good order and repair.
2
The manager must ensure that any fire fighting equipment and fire alarms are maintained in good working order.
3
The manager must ensure that all notices indicating the location of means of escape from fire are displayed in positions within the common parts of the HMO that enable them to be clearly visible to all the occupiers.
4
The manager must take all such measures as are reasonably required to protect the occupiers of the HMO from injury, having regard to —
a
the design of the HMO;
b
the structural conditions in the HMO; and
c
the number of flats or occupiers in the HMO.
5
In performing the duty imposed by paragraph (4) the manager must in particular —
a
in relation to any roof or balcony that is unsafe, either ensure that it is made safe or take all reasonable measures to prevent access to it for so long as it remains unsafe; and
b
in relation to any window the sill of which is at or near floor level, ensure that bars or other such safeguards as may be necessary are provided to protect the occupiers against the danger of accidents which may be caused in connection with such windows.
Duty of manager to maintain water supply and drainage
6
1
The manager must ensure that the water supply and drainage system serving the HMO is maintained in good, clean and working condition and in particular he must ensure that —
a
any tank, cistern or similar receptacle used for the storage of water for drinking or other domestic purposes is kept in a good, clean and working condition, with a cover kept over it to keep the water in a clean and proper condition; and
b
any water fitting which is liable to damage by frost is protected from frost damage.
2
The manager must not unreasonably cause or permit the water or drainage supply that is used by any occupier at the HMO to be interrupted.
3
In this regulation “water fitting” means a pipe, tap, cock, valve, ferrule, meter, cistern, bath, water closet or soil pan used in connection with the supply or use of water, but the reference in this definition to a pipe does not include an overflow pipe or the mains supply pipe.
Duty of manager to supply and maintain gas and electricity
7
1
The manager must supply to the local housing authority within 7 days of receiving a request in writing from that authority the latest gas appliance test certificate he has received in relation to the testing of any gas appliance at the HMO by a recognised engineer.
2
In paragraph (1), “recognised engineer” means an engineer recognised by the Council of Registered Gas Installers as being competent to undertake such testing.
3
The manager must —
a
ensure that every fixed electrical installation is inspected and tested at intervals not exceeding five years by a person qualified to undertake such inspection and testing;
b
obtain a certificate from the person conducting that test, specifying the results of the test; and
c
supply that certificate to the local housing authority within 7 days of receiving a request in writing for it from that authority.
4
The manager must not unreasonably cause the gas or electricity supply that is used by any occupier within the HMO to be interrupted.
Duty of manager to maintain common parts, fixtures, fittings and appliances
8
1
The manager must ensure that all common parts of the HMO are —
a
maintained in good and clean decorative repair;
b
maintained in a safe and working condition; and
c
kept reasonably clear from obstruction.
2
In performing the duty imposed by paragraph (1), the manager must in particular ensure that —
a
all handrails and banisters are at all times kept in good repair;
b
such additional handrails or banisters as are necessary for the safety of the occupiers of the HMO are provided;
c
any stair coverings are safely fixed and kept in good repair;
d
all windows and other means of ventilation within the common parts are kept in good repair;
e
the common parts are fitted with adequate light fittings that are available for use at all times by every occupier of the HMO; and
f
subject to paragraph (3), fixtures, fittings or appliances used in common by two or more households within the HMO are maintained in good and safe repair and in clean working order.
3
The duty imposed by paragraph (2)(f) does not apply in relation to fixtures, fittings or appliances that the occupier is entitled to remove from the HMO or which are otherwise outside the control of the manager.
4
The manager must ensure that —
a
outbuildings, yards and forecourts which are used in common by two or more households living within the HMO are maintained in repair, clean condition and good order;
b
any garden belonging to the HMO is kept in a safe and tidy condition; and
c
boundary walls, fences and railings (including any basement area railings), in so far as they belong to the HMO, are kept and maintained in good and safe repair so as not to constitute a danger to occupiers.
5
If any part of the HMO is not in use the manager shall ensure that such part, including any passage and staircase directly giving access to it, is kept reasonably clean and free from refuse and litter.
6
In this regulation —
a
“common parts” means —
i
the entrance door to the HMO and the entrance doors leading to each unit of living accommodation within the HMO; and
ii
all such parts of the HMO as comprise staircases, lifts, passageways, corridors, halls, lobbies, entrances, balconies, porches and steps that are used by the occupiers of the units of living accommodation within the HMO to gain access to the entrance doors of their respective unit of living accommodation.
Duty of manager to maintain living accommodation
9
1
Subject to paragraph (4), the manager must ensure that each unit of living accommodation within the HMO and any furniture supplied with it are in clean condition at the beginning of a person’s occupation of it.
2
Subject to paragraphs (3) and (4), the manager must ensure, in relation to each part of the HMO that is used as living accommodation, that —
a
the internal structure is maintained in good repair;
b
any fixtures, fittings or appliances within the part are maintained in good repair and in clean working order; and
c
every window and other means of ventilation are kept in good repair.
3
The duties imposed under paragraph (2) do not require the manager to carry out any repair the need for which arises in consequence of use by the occupier of his living accommodation otherwise than in a tenant-like manner.
4
The duties imposed under paragraphs (1) and (2) do not apply in relation to furniture, fixtures, fittings or appliances that the occupier is entitled to remove from the HMO or which are otherwise outside the control of the manager.
5
For the purpose of this regulation a person shall be regarded as using his living accommodation otherwise than in a tenant-like manner where he fails to treat the property in accordance with the covenants or conditions contained in his lease or licence or otherwise fails to conduct himself as a reasonable tenant or licensee would do.
Duty to provide waste disposal facilities
10
The manager must —
a
ensure that sufficient bins or other suitable receptacles are provided that are adequate for the requirements of each household occupying the HMO for the storage of refuse and litter pending their disposal; and
b
make such further arrangements for the disposal of refuse and litter from the HMO as may be necessary, having regard to any service for such disposal provided by the local authority.
Duties of occupiers of HMOs
11
Every occupier of the HMO must —
a
conduct himself in a way that will not hinder or frustrate the manager in the performance of his duties;
b
allow the manager, for any purpose connected with the carrying out of any duty imposed on him by these Regulations, at all reasonable times to enter any living accommodation or other place occupied by that person;
c
provide the manager, at his request, with such information as he may reasonably require for the purpose of carrying out any such duty;
d
take reasonable care to avoid causing damage to anything which the manager is under a duty to supply, maintain or repair under these Regulations;
e
store and dispose of litter in accordance with the arrangements made by the manager under regulation 10; and
f
comply with the reasonable instructions of the manager in respect of any means of escape from fire, the prevention of fire and the use of fire equipment.
Amendments to the Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006
12
1
The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 are amended as follows.
2
In regulation 1(2) (application) omit the words “other than a converted block of flats to which section 257 of the Act applies,”.
3
In regulation 2 (interpretation) after “2004” insert —
; and
“section 257 HMO” means an HMO which is a converted block of flats to which section 257 of the Act applies
.
4
For regulation 8 (prescribed standards for deciding the suitability of a house for multiple occupation by a particular maximum number of households or persons) substitute —
Prescribed standards for deciding the suitability of a house for multiple occupation by a particular maximum number of households or persons
8
1
The standards prescribed for HMOs other than section 257 HMOs for the purpose of section 65 of the Act (tests as to suitability of HMO for multiple occupation) are those set out in Schedule 3.
2
The standards prescribed for section 257 HMOs for the purpose of section 65 of the Act are —
a
that all bathrooms and toilets contained in each flat must be of an adequate size and layout, and all wash-hand basins must be suitably located and be fit for purpose, having regard to the age and character of the HMO, the size and layout of each flat and its existing provision for wash-hand basins, toilets and bathrooms;
b
those standards set out in paragraph 4(1) of Schedule 3, in so far as it is reasonably practicable to comply with them; and
c
those standards set out in paragraph 5 of Schedule 3.
5
In regulation 11 (registers of licences) —
a
in paragraph (2) for “The” substitute “Subject to paragraph (3), the”; and
b
after paragraph (2) insert —
3
The particulars mentioned in sub-paragraphs (b), (c)(ii), (d) and (e) of paragraph (2) are not prescribed for any entry in a register referred to in that paragraph in respect of a licence granted in relation to a section 257 HMO.
6
In regulation 13 (registers of management orders) —
a
in paragraph (2) for “The” substitute “Subject to paragraph (4), the”; and
b
after paragraph (3) add —
4
The particulars mentioned in sub-paragraphs (b) and (c)(ii) to (v) of paragraph (2) are not prescribed for any entry referred to in that paragraph in respect of a management order made in relation to a section 257 HMO.
.
7
In Schedule 2 (content of applications under sections 63 and 87 of the Act) —
a
in paragraph 2(1)(f) —
i
after “for which the application is being made” insert “, except in respect of an application in respect of a section 257 HMO”;
ii
in paragraph (f)(xi) for “training” substitute “information”;
b
after paragraph 2(1)(f) insert —
g
where the application is being made in respect of a section 257 HMO, the following information —
i
the number of storeys comprising the HMO and the levels on which those storeys are situated;
ii
the number of self-contained-flats and, of those, the number —
aa
that the applicant believes to be subject to a lease of over 21 years; and
bb
over which he cannot reasonably be able to exercise control;
iii
in relation to each self-contained flat that is not owner-occupied and which is under the control of or being managed by the proposed licence holder, and in relation to the common parts of the HMO —
aa
details of fire precautions equipment, including the number and location of smoke alarms;
bb
details of fire escape routes and other fire safety information provided to occupiers; and
cc
a declaration that the furniture in the HMO or house that is provided under the terms of any tenancy or licence meets any safety requirements contained in any enactment; and
iv
a declaration that any gas appliances in any parts of the HMO over which the proposed licence holder can reasonably be expected to exercise control meet any safety requirements contained in any enactment.
8
In Schedule 3 (prescribed standards for deciding the suitability for occupation of an HMO by a particular maximum number of households or persons) —
a
for paragraph 2(1) and (2) substitute —
2
1
Where all or some of the units of living accommodation in an HMO do not contain bathing and toilet facilities for the exclusive use of each individual household —
a
there must be an adequate number of bathrooms, toilets and wash-hand basins suitable for personal washing) for the number of persons sharing those facilities; and
b
where reasonably practicable there must be a wash hand basin with appropriate splash back in each unit other than a unit in which a sink has been provided as mentioned in paragraph 4(1),
having regard to the age and character of the HMO, the size and layout of each flat and its existing provision for wash-hand basins, toilets and bathrooms.
; and
b
after paragraph 4(1), insert —
1A
The standards referred to in paragraphs (a) and (f) of sub-paragraph (1) shall not apply in relation to a unit of accommodation where —
a
the landlord is not contractually bound to provide such appliances or equipment;
b
the occupier of the unit of accommodation is entitled to remove such appliances or equipment from the HMO; or
c
the appliances or equipment are otherwise outside the control of the landlord.
Signed by authority of the Secretary of State
for Communities and Local Government
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
28th June 2007


text:
Title, application and commencement
1
These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (Lid Gaskets) (England) Regulations 2007, apply in relation to England only and come into force on 29th October 2007.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“the Commission Regulation” means Commission Regulation (EC) No. 372/2007 laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods ;
“authorised officer” means any person who is authorised in writing, either generally or specially, by a food authority or as the case may be a port health authority 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;
“lid” means a lid of the type mentioned in Article 1 of the Commission Regulation;
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act.
2
Any other expression used in these Regulations and in the Commission Regulation has the same meaning in these Regulations as it bears in the Commission Regulation.
Enforcement
3
It shall be the duty of each food authority within its area and each port health authority within its district to execute and enforce these Regulations and the Commission Regulation.
Offences and penalties
4
1
Any person who —
a
contravenes or fails to comply with the requirements of Article 1 of the Commission Regulation (requirements relating to lids sealed with gaskets containing certain plasticising substances);
b
intentionally obstructs any person acting in the execution of these Regulations;
c
without reasonable excuse, fails to give to any person acting in the execution of these Regulations or the Commission Regulation any assistance or information which that person may reasonably require; or
d
in purported compliance with any requirement mentioned in sub-paragraph (c), knowingly or recklessly supplies information that is false or misleading in any material particular,
is guilty of an offence.
2
Anyone guilty of an offence under these Regulations is liable —
a
in the case of an offence under paragraph (1)(a) —
i
on conviction on indictment to a term of imprisonment not exceeding two years or to a fine or both;
ii
on summary conviction to a term of imprisonment not exceeding six months or to a fine not exceeding the statutory maximum or both;
b
in the case of an offence under paragraph 1(b), (c) or (d), on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding level five on the standard scale or both.
3
Nothing in paragraph (1)(c) is to be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by corporate bodies or Scottish partnerships
5
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
6
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
7
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.
Defence of due diligence
8
1
In any proceedings for an offence under these Regulations it shall, subject to paragraph (4), 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(1)(a) who did not —
a
prepare the lid 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 paragraph (3).
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 the placing on the market of which the alleged offence consisted was not a placing on the market under his name or mark;
c
that either —
i
he carried out all such checks of the lid 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 the lid in question; and
d
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 regulation 4(1)(a).
4
If in any case the defence provided by paragraph (1) 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
9
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 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 10.
Secondary analysis by the Government Chemist
10
1
Where a sample has been retained under regulation 9 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 result of the analysis.
4
Any certificate given 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.
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 sections of the Food Safety Act 1990
11
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations —
a
section 3 (presumptions that food intended for human consumption);
b
section 30(8) (which relates to documentary evidence);
c
section 44 (protection of officers acting in good faith).
Amendment of the Food Safety (Sampling and Qualifications) Regulations 1990
12
In the Food Safety (Sampling and Qualifications) Regulations 1990 , in Schedule 1 (provisions to which those Regulations do not apply), at the end add the title and reference of these Regulations.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
19th September 2007


text:
PART 1 PRELIMINARY
Citation, commencement and application
1
1
These Regulations may be cited as the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 and shall come into force on 31st March 2008.
2
These Regulations apply only to England.
Interpretation
2
1
In these Regulations —
“the 1984 Act ” means the Road Traffic Regulation Act 1984;
“the 2004 Act ” means the Traffic Management Act 2004;
“appellant”, in relation to an appeal under these Regulations or any process connected with such an appeal, means the person bringing the appeal;
“the General Regulations ” means the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 ;
“notice of rejection” means a notice served by an enforcement authority rejecting, or not accepting, representations made to it under regulation 4, 8 or 11;
“notice to owner” has the meaning given in paragraph (2);
“penalty charge” and “penalty charge notice” have the same meanings as in the General Regulations (see regulation 2(1) of those Regulations);
“owner”, in relation to a vehicle, includes any person who, by virtue of regulation 5(3) of the General Regulations, falls to be treated as the owner of the vehicle for the purposes of those Regulations;
“procedural impropriety” has the meaning given by regulation 4(5); and
“recipient” has the meaning given in paragraph (2).
2
In these Regulations (except regulation 3) —
a
references to a “notice to owner” shall be taken —
i
in a case where a penalty charge notice has been served under regulation 9 of the General Regulations, as references to a notice to owner as defined by regulation 2(1) of those Regulations;
ii
in a case where a penalty charge notice has been served under regulation 10 of the General Regulations, as references to that penalty charge notice; and
b
references to “the recipient” in relation to a notice to owner as so defined shall be taken as references to the person on whom the notice to owner was served.
PART 2 REPRESENTATIONS AND APPEALS IN RELATION TO NOTICES TO OWNER
Scope of Part 2 and duty to notify rights to make representations and to appeal
3
1
Regulations 4 to 7 have effect where a penalty charge which has become payable under the General Regulations has not been paid and either —
a
a penalty charge notice has been served by a civil enforcement officer under regulation 9 of the General Regulations, and a notice to owner served by the enforcement authority under regulation 19 of those Regulations; or
b
a penalty charge notice has been served under regulation 10 of the General Regulations.
2
A penalty charge notice served under regulation 9 of the General Regulations must, in addition to the matters required to be included in it under paragraph 1 of the Schedule to the General Regulations, include the following information —
a
that a person on whom a notice to owner is served will be entitled to make representations to the enforcement authority against the penalty charge and may appeal to an adjudicator if those representations are rejected; and
b
that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served —
i
those representations will be considered;
ii
but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner.
3
A notice to owner served under regulation 19 of the General Regulations must, in addition to the matters required to be included in it under that regulation, include the following information —
a
that representations on the basis specified in regulation 4 against payment of the penalty charge may be made to the enforcement authority, but that any representations made outside the period of 28 days beginning with the date on which the notice is served (“the payment period”) may be disregarded;
b
the nature of the representations which may be made under regulation 4;
c
the address (including if appropriate any email address or FAX telephone number, as well as the postal address) to which representations must be sent and the form in which they must be made;
d
that if representations which have been made —
i
within the payment period; or
ii
outside that period but not disregarded,
are not accepted by the enforcement authority the recipient of the notice may appeal against the authority’s decision to an adjudicator; and
e
in general terms, the form and manner in which an appeal may be made.
4
A penalty charge notice served under regulation 10 of the General Regulations must, in addition to the matters required to be included in it under paragraph 2 of the Schedule to those Regulations, include the following information —
a
that representations on the basis specified in regulation 4 may be made to the enforcement authority against the imposition of the penalty charge but that representations made outside the period of 28 days beginning with the date on which the penalty charge notice is served (“the representations period”) may be disregarded;
b
the nature of the representations which may be made under regulation 4;
c
the address (including if appropriate any email address or FAX telephone number, as well as the postal address) to which representations must be sent and the form in which they must be made;
d
that if representations which have been made —
i
within the representations period; or
ii
outside that period but not disregarded,
are not accepted by the enforcement authority the recipient of the penalty charge notice may appeal against the authority’s decision to an adjudicator;
e
where the penalty charge notice is served by virtue of regulation 10(1)(a) of the General Regulations (evidence produced by an approved device), the effect of paragraphs (5) and (6).
5
The recipient of a penalty charge notice served by virtue of regulation 10(1)(a) of the General Regulations may, by notice in writing to the enforcement authority, request it —
a
to make available at one of its offices specified by him, free of charge and at a time during normal office hours so specified, for viewing by him or by his representative, the record of the contravention produced by the approved device pursuant to which the penalty charge was imposed; or
b
to provide him, free of charge, with such still images from that record as, in the authority’s opinion, establish the contravention.
6
Where the recipient of the penalty charge notice makes a request under paragraph (5), the enforcement authority shall comply with the request within a reasonable time.
Representations against notice to owner
4
1
The recipient may make representations against a notice to owner to the enforcement authority which served the notice on him.
2
Any representations under this regulation must —
a
be made in such form as may be specified by the enforcement authority;
b
be to either or both of the following effects —
i
that, in relation to the alleged contravention on account of which the notice to owner was served, one or more of the grounds specified in paragraph (4) applies; or
ii
that, whether or not any of those grounds apply, there are compelling reasons why, in the particular circumstances of the case, the enforcement authority should cancel the penalty charge and refund any sum paid to it on account of the penalty charge.
3
In determining the form for making representations, an enforcement authority which is a London authority must act through the joint committee through which, in accordance with regulation 15 of the General Regulations, it exercises its functions relating to adjudicators.
4
The grounds referred to in paragraph (2)(b)(i) are —
a
that the alleged contravention did not occur;
b
that the recipient —
i
never was the owner of the vehicle in question;
ii
had ceased to be its owner before the date on which the alleged contravention occurred; or
iii
became its owner after that date;
c
that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;
d
that the recipient is a vehicle-hire firm and —
i
the vehicle in question was at the material time hired from that firm under a hiring agreement; and
ii
the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge notice served in respect of any parking contravention involving the vehicle during the currency of the hiring agreement;
e
that the penalty charge exceeded the amount applicable in the circumstances of the case;
f
that there has been a procedural impropriety on the part of the enforcement authority;
g
that the order which is alleged to have been contravened in relation to the vehicle concerned, except where it is an order to which Part VI of Schedule 9 to the 1984 Act applies, is invalid;
h
in a case where a penalty charge notice was served by post on the basis that a civil enforcement officer was prevented by some person from fixing it to the vehicle concerned or handing it to the owner or person in charge of the vehicle, that no civil enforcement officer was so prevented;
i
that the notice to owner should not have been served because —
i
the penalty charge had already been paid in full;
ii
the penalty charge had been paid, reduced by the amount of any discount set in accordance with Schedule 9 to the 2004 Act, within the period specified in paragraph 1(h) of the Schedule to the General Regulations.
5
In these Regulations “procedural impropriety” means a failure by the enforcement authority to observe any requirement imposed on it by the 2004 Act, by the General Regulations or by these Regulations in relation to the imposition or recovery of a penalty charge or other sum and includes in particular —
a
the taking of any step, whether or not involving the service of any document, otherwise than —
i
in accordance with the conditions subject to which; or
ii
at the time or during the period when,
it is authorised or required by the General Regulations or these Regulations to be taken; and
b
in a case where an enforcement authority is seeking to recover an unpaid charge, the purported service of a charge certificate under regulation 21 of the General Regulations before the enforcement authority is authorised to serve it by those Regulations.
6
Where the ground mentioned in paragraph (4)(b)(ii) is relied on in any representations made under this regulation, those representations must include a statement of the name and address of the person to whom the vehicle was disposed of by the person making the representations (if that information is in his possession).
7
Where the ground mentioned in paragraph (4)(b)(iii) is relied on in any representations made under this regulation, those representations must include a statement of the name and address of the person from whom the vehicle was acquired by the person making the representations (if that information is in his possession).
8
Where the ground mentioned in paragraph (4)(d) is relied on in any representations made under this regulation, those representations must include a statement of the name and address of the person to whom the vehicle was hired at the material time.
9
In this regulation “hiring agreement” and “vehicle-hire firm” have the same meanings as in section 66 of the Road Traffic Offenders Act 1988 .
Duty of enforcement authority to which representations are made
5
1
The enforcement authority may disregard any representations which are received by it after the end of the period of 28 days beginning with the date on which the relevant notice to owner was served.
2
Where representations are made to an enforcement authority by virtue of regulation 4(1) and in accordance with regulation 4(2), it shall subject to paragraph (1) be the duty of the enforcement authority —
a
to consider the representations and any supporting evidence which the person making them provides; and
b
within the period of 56 days beginning with the date on which the representations were served on it, to serve on that person notice of its decision as to whether or not it accepts that —
i
one or more of the grounds specified in regulation 4(4) applies; or
ii
there are compelling reasons why, in the particular circumstances of the case, the notice to owner should be cancelled and any sum paid in respect of it should be refunded.
3
Where the enforcement authority accepts that a ground specified in regulation 4(4) applies or that there are such compelling reasons it shall —
a
cancel the notice to owner; and
b
state in the notice served under paragraph (2)(b) that the notice to owner has been cancelled and at the same time refund any sum paid in relation to the notice.
4
The cancellation of a notice to owner under this regulation shall not be taken to prevent the enforcement authority from serving, in accordance with the General Regulations, a fresh notice to owner on another person.
5
If the enforcement authority fails to comply with paragraph (2)(b) within the period of 56 days there specified, it shall be deemed for the purposes of these Regulations to have accepted —
a
that such of the grounds referred to in paragraph (2)(b)(i) as were relied upon in the representations apply; or
b
in a case where paragraph (2)(b)(ii) is relied upon, that there are compelling reasons of the kind referred to in that paragraph,
and paragraph (3) shall apply accordingly.
Rejection of representations against notice to owner
6
1
Where representations are made under regulation 4 and the enforcement authority serves a notice of rejection under regulation 5(2)(b), that notice shall —
a
state that a charge certificate may be served unless before the end of the period of 28 days beginning with the date of service of the notice of rejection —
i
the penalty charge is paid; or
ii
the person on whom the notice is served appeals to an adjudicator against the penalty charge;
b
indicate the nature of an adjudicator’s power to award costs; and
c
describe in general terms the form and manner in which an appeal to an adjudicator must be made.
2
A notice of rejection served in accordance with paragraph (1) may contain such other information as the enforcement authority considers appropriate.
Appeals to an adjudicator in relation to decisions under regulation 5
7
1
Where an authority serves a notice of rejection under regulation 5(2)(b) in relation to representations made under regulation 4, the person who made those representations may appeal to an adjudicator against the authority’s decision —
a
before the end of the period of 28 days beginning with the date of service of the notice of rejection; or
b
within such longer period as an adjudicator may allow.
2
If, on an appeal under this regulation, the adjudicator after considering the representations in question together with any other representations made to the effect referred to in regulation 4(2)(b) and any representations made by the enforcement authority, concludes that a ground specified in regulation 4(4) applies, he shall allow the appeal and may give such directions to the enforcement authority as he may consider appropriate for the purpose of giving effect to his decision, and such directions may in particular include directions requiring —
a
the cancellation of the penalty charge notice;
b
the cancellation of the notice to owner; and
c
the refund of such sum (if any) as may have been paid to the enforcement authority in respect of the penalty charge.
3
It shall be the duty of an enforcement authority to which such a direction is given to comply with it forthwith.
4
If the adjudicator does not allow the appeal but is satisfied that there are compelling reasons why, in the particular circumstances of the case, the notice to owner should be cancelled he may recommend the enforcement authority to cancel the notice to owner.
5
It shall be the duty of an enforcement authority to which a recommendation is made under paragraph (4) to consider afresh the cancellation of the notice to owner taking full account of all observations made by the adjudicator and, within the period of thirty-five days beginning with the date on which the recommendation was given (“the 35-day period”), to notify the appellant and the adjudicator as to whether or not it accepts the adjudicator’s recommendation.
6
If the enforcement authority notifies the appellant and the adjudicator that it does not accept the adjudicator’s recommendation, it shall at the same time inform them of the reasons for its decision.
7
No appeal to the adjudicator shall lie against the decision of the enforcement authority under paragraph (6).
8
If the enforcement authority accepts the adjudicator’s recommendation it shall forthwith cancel the notice to owner and refund to the appellant any sum paid in respect of the penalty charge.
9
If the enforcement authority fails to comply with the requirements of paragraph (5) within the 35-day period, the authority shall be taken to have accepted the adjudicator’s recommendation and shall cancel the notice to owner and refund to the appellant any sum paid in respect of the penalty charge immediately after the end of that period.
PART 3 REPRESENTATIONS AND APPEALS IN RELATION TO THE IMMOBILISATION OF VEHICLES
Right to make representations
8
1
This regulation applies to the owner or person in charge of a vehicle where —
a
in accordance with regulation 12 of the General Regulations an immobilisation device has been fixed to a vehicle found in a civil enforcement area; and
b
he secures the release of the vehicle from the device on payment of an amount in accordance with regulation 14 of those Regulations.
2
A person to whom paragraph (1) applies shall immediately upon the release of the vehicle be informed —
a
of his right to make representations to the enforcement authority in accordance with this regulation; and
b
of his right to appeal to an adjudicator if his representations are not accepted,
and that information must include a statement of the effect of paragraphs (4) and (5).
3
The enforcement authority shall give that information, or cause it to be given, in writing.
4
A person to whom paragraph (1) applies may make representations to the effect —
a
that one or more of the grounds specified in paragraph (5) apply; or
b
that, whether or not any of those grounds apply, there are compelling reasons why, in the particular circumstances of the case, the enforcement authority should refund some or all of the amount paid to secure the release of the vehicle,
and any such representations shall be in such form as may be specified by the enforcement authority.
5
The grounds are —
a
that the vehicle had not been permitted to remain at rest in a civil enforcement area in circumstances in which a penalty charge was payable under regulation 4 of the General Regulations;
b
that the vehicle had been permitted to remain at rest in the place where it was by a person who was in control of the vehicle without the consent of the owner;
c
that the place where the vehicle was at rest was not in a civil enforcement area;
d
that, in accordance with regulation 13 (limitations on the power to immobilise vehicles) of the General Regulations, there was in the circumstances of the case no power under those Regulations to immobilise the vehicle at the time at which it was immobilised or at all;
e
that the penalty charge or other charge paid to secure the release of the vehicle exceeded the amount applicable in the circumstances of the case; or
f
that there has been a procedural impropriety on the part of the enforcement authority.
6
In determining the form for making representations an enforcement authority which is a London authority must act through the joint committee through which, in accordance with regulation 15 of the General Regulations, it exercises its functions relating to adjudicators.
Duty of enforcement authority to which representations are made
9
1
The enforcement authority may disregard any representations which are received by it after the end of the period of 28 days beginning with the date on which the person making them is informed under regulation 8(2) of his right to make representations.
2
Subject to paragraph (1), it shall be the duty of the enforcement authority, if representations are made to it in accordance with regulation 8(4), before the end of the period of 56 days beginning with the date on which it receives the representations —
a
to consider them and any supporting evidence which the person making them provides; and
b
to serve on that person notice of its decision as to whether or not it accepts that —
i
a ground specified in regulation 8(5) applies; or
ii
there are compelling reasons why, in the particular circumstances of the case, some or all of the sums paid to secure the release of the vehicle should be refunded.
3
Where an authority serves notice under paragraph (2)(b)(i) that it accepts that such a ground applies it shall (when serving that notice) refund any sums that the person to whom the vehicle was released was required to pay under regulation 14 of the General Regulations, except to the extent (if any) to which those sums were properly paid.
4
Where an authority serves notice under paragraph (2)(b)(ii) that it accepts that there are such compelling reasons, it shall refund the sums referred to in paragraph (3) or such of them as it considers appropriate.
5
Where an authority serves a notice of rejection under paragraph (2)(b), that notice shall —
a
inform the person on whom it is served of his right to appeal to an adjudicator under regulation 10;
b
indicate the nature of an adjudicator’s power to award costs; and
c
describe in general terms the form and manner in which such an appeal is required to be made.
6
Where an authority fails to comply with paragraph (2) before the end of the period of 56 days mentioned there —
a
it shall be deemed to have accepted the representations and to have served notice to that effect under paragraph (2)(b); and
b
it shall immediately after the end of that period refund all such sums as are mentioned in paragraph (3).
Appeals to an adjudicator in relation to decisions under regulation 9
10
1
Where an authority serves a notice of rejection under regulation 9(2)(b) in relation to representations made under regulation 8(4), the person making those representations may, before the end of —
a
the period of 28 days beginning with the date of service of that notice; or
b
such longer period as an adjudicator may allow,
appeal to a adjudicator against the authority’s decision.
2
On an appeal under this regulation, the adjudicator shall consider the representations in question and any additional representations which are made by the appellant together with any representations made to him by the enforcement authority.
3
If the adjudicator concludes —
a
that any of the grounds referred to in regulation 8(5) apply; and
b
that the enforcement authority would have been under the duty imposed by regulation 9(3) to refund any sum if it had served notice that it accepted that the ground in question applied,
he shall direct that authority to refund that sum.
4
It shall be the duty of an enforcement authority to which a direction is given under paragraph (3) to comply with it forthwith.
5
If the adjudicator gives no direction under paragraph (3) but is satisfied that there are compelling reasons why, in the particular circumstances of the case, some or all of the sums paid to secure the release of the vehicle should be refunded, he may recommend the enforcement authority to make such a refund.
6
It shall be the duty of an enforcement authority to which a recommendation is made under paragraph (5) to consider afresh the making of a refund of those sums taking full account of any observations by the adjudicator and, within the period of thirty-five days beginning with the date on which the direction was given (“the 35-day period”), to notify the appellant and the adjudicator as to whether or not it accepts the adjudicator’s recommendation.
7
If the enforcement authority notifies the appellant and the adjudicator that it does not accept the adjudicator’s recommendation it shall at the same time inform them of the reasons for its decision.
8
No appeal to the adjudicator shall lie against the decision of the enforcement authority under paragraph (7).
9
If the enforcement authority accepts the adjudicator’s recommendation it shall make the recommended refund within the 35-day period.
10
If the enforcement authority fails to comply with the requirements of paragraph (6) within the 35-day period, the authority shall be taken to have accepted the adjudicator’s recommendation and shall make the recommended refund immediately after the end of that period.
PART 4 REPRESENTATIONS AND APPEALS IN RELATION TO REMOVED VEHICLES
Right to make representations about a removed vehicle
11
1
This regulation applies to a person where, as respects a vehicle which has been found in a civil enforcement area for parking contraventions and removed under regulations made under section 99 of the 1984 Act —
a
he is required to pay an amount on recovery of the vehicle under section 101A of that Act;
b
he receives a sum in respect of the vehicle under section 101A(2) of that Act;
c
he is informed that the proceeds of sale of the vehicle did not exceed the aggregate amount mentioned in that provision; or
d
he is informed that the vehicle was disposed of without there being any proceeds of sale.
2
A person to whom paragraph (1) applies shall immediately upon the happening of an occurrence referred to in paragraph (1) be informed —
a
of his right to make representations to the enforcement authority in accordance with this regulation; and
b
of his right to appeal to an adjudicator if his representations are not accepted,
and that information must include a statement of the effect of paragraphs (4) and (5).
3
The enforcement authority shall give that information, or cause it to be given, in writing.
4
A person to whom paragraph (1) applies may make representations to the effect —
a
that one or more of the grounds specified in paragraph (5) apply; or
b
that, whether or not any of those grounds apply, there are compelling reasons why, in the particular circumstances of the case, the enforcement authority should —
i
refund some or all of the amount paid to secure the release of the vehicle or deducted from the proceeds of sale; or
ii
waive its right to recover all or any of the sums due to it on account of the removal or disposal of the vehicle,
and any such representations shall be in such form as may be specified by the enforcement authority.
5
The grounds referred to in paragraph (4)(a) are —
a
that the vehicle had not been permitted to remain at rest in a civil enforcement area for parking contraventions in circumstances in which a penalty charge was payable by virtue of regulation 4 of the General Regulations;
b
that a civil enforcement officer had not, in accordance with regulation 9 of the General Regulations, fixed a penalty charge notice to the vehicle or handed such a notice to the person appearing to him to be in charge of the vehicle, before the vehicle was removed;
c
that, at the time the vehicle was removed, the power to remove the vehicle conferred by paragraph (2) of regulation 5C of the Removal and Disposal of Vehicles Regulations 1986 was, by virtue of paragraph (3) of that regulation, not exercisable;
d
that the vehicle had been permitted to remain at rest in the place where it was by a person who was in control of the vehicle without the consent of the owner;
e
that the place where the vehicle was at rest was not in a civil enforcement area for parking contraventions;
f
that the penalty charge or other charge paid to secure the release of the vehicle exceeded the amount applicable in the circumstances of the case; or
g
that there has been a procedural impropriety on the part of the enforcement authority.
6
In determining the form for making representations the London authorities must act through the joint committee through which, in accordance with regulation 15 of the General Regulations, they exercise their functions relating to adjudicators.
Duty of enforcement authority to which representations are made
12
1
The enforcement authority may disregard any representations under regulation 11 which are received by it after the end of the period of 28 days beginning with the date on which the person making them is informed under regulation 11(2) of his right to make representations.
2
Subject to paragraph (1), if representations are made to it in accordance with regulation 11(4), it shall be the duty of the enforcement authority, before the end of the period of 56 days beginning with the date on which it receives the representations —
a
to consider them and any supporting evidence which the person making them provides; and
b
to serve on that person notice of its decision as to whether or not it accepts that —
i
a ground specified in regulation 11(5) applies; or
ii
there are compelling reasons of the kind referred to in regulation 11(4)(b).
3
Where an authority serves notice under paragraph (2)(b)(i) that it accepts that a ground specified in regulation 11(5) applies it shall (when serving that notice) —
a
refund any sums that —
i
the person to whom the vehicle was released was required to pay under section 101A(1) of the 1984 Act; or
ii
were deducted from the proceeds of sale of the vehicle in accordance with section 101A(2) of that Act,
except to the extent (if any) to which those sums were properly paid or deducted; and
b
inform the person making representations that it has waived the right to recover any sum which might otherwise have been due to it by way of a penalty charge or on account of the removal, storage or disposal of the vehicle.
4
Where an authority serves notice under paragraph (2)(b)(ii) that it accepts that there are such compelling reasons, it shall (when serving that notice) —
a
refund the sums referred to in paragraph (3)(a) or such of them as it considers appropriate in the circumstances of the case; and
b
inform the person making representations that it has waived the right to recover any sum which might otherwise have been due to it by way of a penalty charge or on account of the removal, storage or disposal of the vehicle.
5
An authority which has waived its right to recover a sum loses its right to do so.
6
Where an authority serves notice under paragraph (2)(b) that it does not accept that paragraph (2)(b)(i) or (ii) is fulfilled, that notice shall —
a
inform the person on whom it is served of his right to appeal to an adjudicator under regulation 13;
b
indicate the nature of an adjudicator’s power to award costs; and
c
describe in general terms the form and manner in which such an appeal is required to be made.
7
Where an authority fails to comply with paragraph (2) before the end of the period of 56 days mentioned there it shall be treated as having accepted the representations and as having served notice to that effect under paragraph (2)(b) and paragraph (3) shall apply accordingly.
Appeals to an adjudicator in relation to decisions under regulation 12
13
1
Where an authority serves a notice of rejection under regulation 12(2)(b) in relation to representations under regulation 11(4), the person making those representations may, before —
a
the end of the period of 28 days beginning with the date of service of that notice; or
b
such longer period as an adjudicator may allow,
appeal to an adjudicator against the authority’s decision.
2
On an appeal under this regulation, the adjudicator shall consider the representations in question and any additional representations that are made by the appellant.
3
If the adjudicator concludes —
a
that any of the grounds referred to in subparagraphs (a) to (g) of regulation 11(5) applies; and
b
that the enforcement authority would have been under the duty imposed by regulation 12(3) to refund any sum if it had served notice that it accepted that the ground in question applied,
he shall direct that authority to refund that sum.
4
It shall be the duty of an enforcement authority to which a direction is given under paragraph (3) to comply with it forthwith and the enforcement authority shall cease to have any right to recover any sum which might otherwise have been due to it by way of a penalty charge or on account of the removal, storage or disposal of the vehicle.
5
If the adjudicator gives no direction under paragraph (3) but is satisfied that there are compelling reasons why, in the particular circumstances of the case, some or all of the sums paid to secure the release of the vehicle, or deducted from the proceeds of sale, should be refunded, he may recommend the enforcement authority to make such a refund.
6
It shall be the duty of an enforcement authority to which a recommendation is made under paragraph (5) to consider afresh the making of a refund of those sums taking full account of any observations by the adjudicator and, within the period (“the 35-day period”) of thirty-five days beginning with the date on which the direction was given, to notify the appellant and the adjudicator as to whether or not it accepts the adjudicator’s recommendation.
7
If the enforcement authority notifies the appellant and the adjudicator that it does not accept the adjudicator’s recommendation, it shall at the same time inform them of the reasons for its decision.
8
No appeal to the adjudicator shall lie against the decision of the enforcement authority under paragraph (7).
9
If the enforcement authority accepts the adjudicator’s recommendation it shall make the recommended refund within the 35-day period.
10
If the enforcement authority fails to comply with the requirements of paragraph (6) within the 35-day period, the authority shall be taken to have accepted the adjudicator’s recommendation and shall make the recommended refund immediately after the end of that period.
PART 5 OFFENCES AND PROCEDURE
False representations
14
1
A person who makes any representation under Part 2 or 3 of these Regulations, or under the Schedule so far as it relates to an appeal under Part 2 or 3, which is false in a material particular, and does so recklessly or knowing it to be false, is guilty of an offence.
2
A person convicted of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Procedure to be followed by adjudicators, service of documents and recovery of sums payable
15
1
The Schedule to these Regulations shall have effect as to procedure and the service of documents in adjudication proceedings.
2
Subject to the provisions of that Schedule, an adjudicator may regulate his own procedure.
3
Any amount which is payable —
a
under an adjudicator’s adjudication;
b
by virtue of any other provision of these Regulations which requires an enforcement authority to refund any sum,
shall, if a county court so orders, be recoverable by the person to whom the amount is payable as if it were payable under a county court order.
4
Paragraph (3) does not apply to a penalty charge which remains payable following an adjudication under regulation 7.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State,
Ministry of Justice
10th December 2007


text:
Citation and commencement
1
These Regulations shall be cited as the EC Competition Law (Articles 84 and 85) Enforcement (Revocation) Regulations 2007 and shall come into force on 20th July 2007.
Revocation
2
The EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001 are revoked.
Repeals, revocations and consequential amendment
3
1
The Schedule contains repeals and revocations.
2
In section 47A(7)(a) of the Competition Act 1998 , for “section 46, section 47 or the EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001 ( S.I. 2001/2916 )” substitute “section 46 or section 47”.
Ian McCartney
Minister for Trade, Investment and Foreign Affairs
Department of Trade and Industry
26th June 2007


text:
1
This Instrument may be cited as “The Birmingham City Council (Selly Oak New Road Tunnel) Scheme 2007 Confirmation Instrument 2007” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Birmingham City Council (Selly Oak New Road Tunnel) Scheme 2007 (“the Scheme”) is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plans) and copies of the Scheme with its accompanying plans are deposited at the offices of the Department for Transport, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA, and at the offices of the Council of Birmingham City Council’s Transportation Strategy, 1 Lancaster Circus Queensway, Birmingham B4 7DQ.
Signed by authority of the Secretary of State for Transport
J. Blackie
Regional Director Government Office for the North East
6th August 2007


text:
Citation, commencement, interpretation and effect
1
1
These Regulations may be cited as the Long Funding Leases (Elections) Regulations 2007, shall come into force on 28th February 2007 and shall have effect in respect of leases finalised on or after 1 st April 2006.
2
In these Regulations —
“ CAA ” means the Capital Allowances Act 2001 ; and
“ TMA ” means the Taxes Management Act 1970 .
3
In these Regulations —
“eligible lease” has the meaning given by regulation 3;
“lessor” has the meaning given in section 70YI of CAA ;
“qualifying incidental lease” has the meaning given by regulation 4; and
other terms defined or otherwise explained in Chapter 6A of CAA have the same meaning in these Regulations as they have there.
Election
2
1
A lessor may make an election (“a long funding lease election”) in respect of all his eligible leases and qualifying incidental leases.
In these Regulations “electing lessor” means a lessor who makes such an election.
2
A long-funding lease election —
a
must be made within the permitted time;
b
must be made in the return for the relevant chargeable period or for the year of assessment to which the election relates, either by inclusion in the return as originally made or by an amendment to that return;
c
must specify the date from which it is to take effect (“the effective date”); and
d
may be withdrawn by amending that return within the permitted time (but is otherwise irrevocable).
Sub-paragraph (c) is subject to the qualification in paragraph (4).
3
The permitted time is —
a
for income tax purposes, the period beginning with the end of the year of assessment to which the election relates, and ending 12 months after the 31 st January next following that year of assessment;
b
for corporation tax purposes, the period beginning with the time when the relevant chargeable period ends and ending with the second anniversary of that time.
4
The effective date may not be earlier than the later of —
a
1 st April 2006; and
b
the beginning of the relevant chargeable period or the year of assessment to which the election relates (as the case requires).
5
If a long funding lease election has been made, the electing lessor shall be treated as if all the electing lessor’s eligible and qualifying incidental leases finalised on or after the effective date (including those finalised in subsequent chargeable periods or years of assessment) had been long funding leases for the purposes of Part 2 of CAA since they were finalised.
6
For the purposes of this regulation —
“chargeable period” has the meaning given by section 6 of CAA;
“relevant chargeable period” means the chargeable period in which the effective date falls; and
“the year of assessment to which the election relates” means the tax year in which ends the basis period in which falls the effective date.
Eligible leases
3
An eligible lease is one which meets the following conditions.
Condition A
The lease is a plant or machinery lease.
Condition B
The lease is not, apart from the provisions of these Regulations, a long funding lease.
Condition C
The lease was finalised, as defined in paragraph 23 of Schedule 8 of the Finance Act 2006, on or after 1 April 2006.
Condition D
The term of the lease is 12 months or more.
Condition E
The plant or machinery made available under the lease —
was unused and not second-hand at the commencement of the term of the lease;
if leased previously, was last leased under a long funding lease (under the provisions of Part 2 of CAA or pursuant to these Regulations) before the commencement of the term of the lease;
was the subject of a valid election under section 227 of CAA before the electing lessor made a return for the period in which the commencement of the term of the lease occurred; or
replaces (whether by one or more substitutions) plant or machinery of the same type and quantity previously made available by the electing lessor to the lessee under a lease which is an eligible lease by virtue of one of the preceding paragraphs of this condition.
Condition F
The lease is not a lease for the provision of a car as defined in section 81 of CAA.
Condition G
The lease does not provide for the leasing of any asset whose market value is more than £10 million at its commencement.
Condition H
The lease is not one to which section 70R or section 70U of CAA applies.
Condition I
If the original lessor’s interest under the lease has been assigned —
the assignment, or where there is more than one assignment, both or all of them, must have occurred within 4 months of the commencement of the term of the lease; and
the original lessor, and any person later owning the leased assets and through whom the lessor making the long funding lease election derives title to them, must not claim, or have claimed, capital allowances at any time in respect of those assets.
Qualifying incidental leases
4
A qualifying incidental lease is a lease of plant or machinery which —
a
is wholly incidental to an eligible lease; and
b
disregarding Condition D in regulation 3, would have been an eligible lease.
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
6th February 2007