text:
Citation and commencement
1
These Regulations may be cited as the Integration Loans for Refugees and Others Regulations 2007 and shall come into force on the expiry of seven days beginning with the day on which they were made.
Interpretation
2
In these Regulations —
“integration loan” means a loan granted in accordance with these Regulations;
“applicant” means an applicant for an integration loan, and “application” is to be construed accordingly;
“decision” means a decision of the Secretary of State on an application;
“dependant” in relation to an applicant has the same meaning as dependant in relation to an asylum seeker under section 94(1) of the Immigration and Asylum Act 1999 ;
“immigration rules” means the rules made under section 3(2) of the Immigration Act 1971 ;
“financial position” means, in relation to an applicant, the following factors taken together —
his income;
his assets;
his liabilities;
his outgoings;
the number of dependants he has.
Minimum and maximum amounts of integration loans
3
The Secretary of State may specify (and vary from time to time) a minimum and a maximum amount of an integration loan.
Eligibility to apply for an integration loan
4
1
Subject to paragraph (3) the persons eligible to apply for an integration loan are persons who are refugees for the purpose of section 13(1) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 and persons falling within one of the classes prescribed in paragraph (2).
2
Those classes are —
a
persons granted leave to enter or remain as a consequence of being granted humanitarian protection under the immigration rules;
b
persons granted leave to enter or remain as a consequence of being a dependant of a refugee or a dependant of a person falling within sub-paragraph (a).
3
An applicant for an integration loan —
a
must be aged 18 or over;
b
must not have already received a loan under these Regulations;
c
must have been granted leave to enter or remain after the date of the coming into force of these Regulations;
d
must not be insolvent.
4
A person is insolvent for the purpose of this regulation if the Secretary of State is of the opinion that, having regard to his financial position, he would be incapable of making the repayments required under regulation 9.
Applications for integration loans
5
1
To be valid an application for an integration loan —
a
must be made in writing to the Secretary of State;
b
must be made by an applicant who satisfies the criteria set out in regulation 4;
c
must include the information set out in the Schedule and must stipulate the use to which the applicant intends to put an integration loan;
d
must include a declaration by the applicant that the information given is correct to the best of his knowledge and belief.
2
Where a valid application for an integration loan has been made the Secretary of State may make an integration loan.
Matters to be taken into account by the Secretary of State
6
1
In determining whether or not to make an integration loan, the Secretary of State must, in addition to other matters appearing to him to be relevant, take into account —
a
the length of time since the applicant was granted leave to enter or remain;
b
the applicant’s financial position;
c
the applicant’s likely ability to repay an integration loan;
d
the information provided by the applicant as to his intended use of an integration loan;
e
the available budget for integration loans.
2
For these purposes “available budget” refers to the amount allocated by the Secretary of State for all integration loans in the financial year in which the application is being determined.
Conditions as to the use of an integration loan
7
1
An integration loan may be subject to conditions, including a condition that it must be used in accordance with the intended use stipulated in the application.
2
An integration loan may be subject to the condition that it will not be made until the applicant has signed a loan agreement which sets out —
a
the amount of the loan;
b
the conditions of the loan;
c
the terms of repayment;
d
the procedure by which the recipient of a loan may request a revision of the terms of repayment should his circumstances change.
Decision on an application
8
1
The Secretary of State must issue a written decision on an application for an integration loan which sets out the following —
a
whether the application is valid;
b
if the application is valid, whether or not an integration loan will be made;
c
if an integration loan is to be made, the amount of that loan, the conditions of that loan and the terms of repayment;
d
the date by which the applicant must inform the Secretary of State that he would like the loan to be made.
2
In making a decision the Secretary of State may take such steps, make such inquiries, and require from the applicant such further information as he considers necessary —
a
to verify the information provided in the application;
b
to satisfy himself that the applicant is eligible for an integration loan;
c
to determine whether to make an integration loan, and if so the amount of the loan and the terms of repayment.
Repayment of an integration loan
9
1
Where the recipient of an integration loan is in receipt of a specified benefit within the meaning of paragraph 1 of Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 , or of paragraph 1 of Schedule 8A to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 , the terms of repayment may be set in accordance with paragraph (3).
2
Where the terms of repayment are not set in accordance with paragraph (3) they must be set in accordance with paragraph (4).
3
Terms of repayment set under this paragraph must specify —
a
when recovery will commence;
b
that recovery shall be made by way of deductions from benefit in accordance with Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 or, as the case may be, Schedule 8A to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987.
4
Terms of repayment set under this paragraph must specify —
a
when repayments shall commence;
b
the intervals at which repayments must be made;
c
the level of repayment;
d
the methods by which repayment may be made.
Revision of the terms of repayment
10
1
Where the circumstances of the recipient of an integration loan change, the Secretary of State may revise the terms of repayment.
2
In determining whether or not to revise the terms of repayment, the Secretary of State must, in addition to other matters appearing to him to be relevant, take into account —
a
any information provided by the recipient of an integration loan in support of a request for a revision of the terms of repayment;
b
any information available to the Secretary of State as to the current financial position of the recipient of an integration loan;
c
any information available to the Secretary of State as to a change of circumstances on the part of the recipient of an integration loan which might merit a revision of the terms of repayment of that loan.
3
The recipient of an integration loan must be informed in writing of a revision of the terms of repayment.
Joint applications for integration loans
11
1
Two people may make a joint application for an integration loan if —
a
they are married to each other and are members of the same household;
b
they are not married to each other but are living together as husband and wife;
c
they are civil partners and members of the same household;
d
they are two people of the same sex who are not civil partners but are living together as if they were.
2
Both parties to a joint application for an integration loan must satisfy the eligibility criteria set out in regulation 4 and must make a declaration in accordance with regulation 5(1)(d).
3
Joint recipients of an integration loan shall be jointly and severally liable for the repayments.
Joan Ryan
Parliamentary Under Secretary of State
Home Office
4th June 2007


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Highways (Environmental Impact Assessment) Regulations 2007 and shall come into force on 26 th April 2007.
2
In these Regulations “the 1980 Act ” means the Highways Act 1980 .
Environmental impact assessments
2
1
Section 105A of the 1980 Act (environmental impact assessments) is amended as follows.
2
In subsection (1) —
a
omit the definition of “ the Directive ”; and
b
omit “and” at the end of the definition of “Annex” and after this definition insert —
“the Directive” means Council Directive No. 85/337/ EEC on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive No. 97/11/ EC and Directive No. 2003/35/EC of the European Parliament and Council;
“member of the public” includes any body of persons corporate or unincorporate;
“public authority” means any authority or other body on which functions are conferred by or under an enactment, including an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament; and
.
3
In subsection (3) for “publish an environmental statement” substitute “prepare an environmental statement and publish notice of it in accordance with subsections (3), (3A) and (7) of section 105B”.
Procedure
3
1
Section 105B of the 1980 Act (procedure) is amended as follows.
2
Omit subsection (2).
3
In subsection (3) for “An” substitute “Notice of the”.
4
After subsection (3) insert —
3A
The notice must state —
a
that the Secretary of State, as the relevant highway authority, is considering implementing the project;
b
the proposed location and nature of the project;
c
that the project is subject to the environmental impact assessment procedure required by this Part of this Act and, where relevant, that section 105C applies;
d
that a copy of the environmental statement may be inspected at an address in the area in which the project is proposed to be situated during the period specified under paragraph (i);
e
the times at which the copy of the environmental statement may be so inspected;
f
an address from which copies of the environmental statement may be obtained and from which further information about the project may be requested during the period specified under paragraph (i);
g
if a charge is to be made for a copy of the environmental statement, the amount of the charge;
h
if the Secretary of State uses a website for the publication of information about projects that are subject to the procedure required by this Part of this Act, that a copy of the environmental statement may be inspected on the website during the period specified under paragraph (i);
i
that any person wishing to make any representations about the project and the environmental statement may do so in writing to the Secretary of State at a specified address within a specified period, being not less than 6 weeks from the date of publication of the notice and
j
that the Secretary of State will take into consideration any representations so made before deciding whether or not to proceed with the project with or without modifications.
3B
The Secretary of State shall ensure that during the period specified under subsection (3A) (i) —
a
copies of the environmental statement are available for inspection by any person free of charge at all reasonable hours at the address specified under subsection (3A) (d);
b
copies of the environmental statement are available to be obtained by any person from the address specified under subsection (3A) (f); and
c
where under subsection (3A) (h) the notice states the address of a website, that a copy of the environmental statement is available for inspection by any person on that website.
3C
A reasonable charge reflecting the costs of printing, copying and distribution may be made by the Secretary of State for the supply of a copy of the environmental statement —
a
to a person other than a consultation body, or
b
to a consultation body to which one copy has already been supplied free of charge.
.
5
In subsection (4) omit “published details of the”.
6
In subsection (5) omit “and” at the end of paragraph (a) and for paragraph (b) substitute —
b
any opinion on that statement or the project which is expressed in writing by —
i
any of the consultation bodies; or
ii
any other person;
and is received by the Secretary of State within any period specified for the purpose by him; and
c
where section 105C applies, and the EEA State has indicated in accordance with subsection (4) of that section that it wishes to participate in the procedure required by this Part of this Act, any opinion on that statement or the project which is expressed in writing by —
i
the EEA State;
ii
a member of the public in the EEA State; or
iii
an authority having environmental responsibilities designated by the EEA State to be consulted about the project under Article 6 (1) of the Directive;
and is received by the Secretary of State within any period specified for the purpose by him.
.
7
After subsection (5) insert —
5A
Where in order to proceed with the construction or improvement in relation to which an environmental statement has been made it is necessary for the Secretary of State to make —
a
an order or scheme to which Schedule 1 to this Act applies; or
b
a compulsory purchase order in the exercise of highway land acquisition powers;
the Secretary of State shall, so far as it is practicable to do so, take the steps required of him by this Part of this Act concurrently with the corresponding steps required of him by Schedule 1 to this Act or, as the case may be, the Acquisition of Land Act 1981 in connection with the making of the related instruments.
.
8
In subsection (6) —
a
after “subsection (5)” insert “, and describing the right under section 105D (1) to challenge the validity of the decision,”;
b
at the end of paragraph (b) omit “and”;
c
at the end of paragraph (c), insert “and”; and
d
after paragraph (c) insert —
d
information about the consultation carried out in compliance with this section and section 105C, the representations received on consultation, and any changes made as a result of those representations.
.
9
In subsection (7) for the words from “shall be” to the end substitute —
shall be —
a
in the London Gazette;
b
in at least one local newspaper circulating in the area in which the project for the construction or improvement of the highway is proposed to be situated; and
c
if the Secretary of State uses a website for the publication of information about projects that are subject to the procedure required by this Part of this Act, on that website.
.
10
For subsection (8) substitute —
8
In this section “the consultation bodies” means —
a
any principal council as defined in subsection (1) of section 270 of the Local Government Act 1972 for the area where the land is situated;
b
where the land is situated in England —
i
English Heritage and Natural England; and
ii
the Countryside Council for Wales and the National Assembly for Wales where, in the opinion of the Secretary of State, the land is sufficiently near to Wales to be of interest to them;
c
where the land is situated in Wales —
i
the Countryside Council for Wales; and
ii
any organisation referred to in paragraph (b) (i) where, in the opinion of the National Assembly for Wales, the land is sufficiently near to England to be of interest to the organisation;
d
the Environment Agency; and
e
any other public authority which has environmental responsibilities and which the Secretary of State or the National Assembly for Wales considers to be likely to have an interest in the project.
.
Other EEA States
4
1
Section 105C of the 1980 Act (other Member States) is amended as follows.
2
In subsections (1) to (6) for each reference to “Member State” or “a Member State” substitute “EEA State” or “an EEA State” as appropriate.
3
In subsection (2) for paragraph (c) substitute —
c
such information about the procedure required by this Part of this Act as he considers appropriate; and
.
4
In subsection (4) —
a
for “in the environmental impact assessment procedure” substitute “in the procedure required by this Part of this Act”;
b
omit “and” at the end of paragraph (a); and
c
for paragraph (b) substitute —
b
the information required by subsection (3A) of section 105B to be included in the notice under subsection (3) of that section; and
c
any information about the procedure required by this Part of this Act which he considers it appropriate to give and which has not already been given to the EEA State.
.
5
For subsection (7) substitute —
7
Where an EEA State has been consulted in accordance with subsection (4) the Secretary of State must, after deciding whether to proceed with the project to which the environmental statement relates, inform the EEA State of the decision and give it documents containing the matters referred to in section 105B (6).
.
6
Omit subsection (8).
7
In the heading to the section, for “Member” substitute “EEA”.
Validity of decisions
5
After section 105C of the 1980 Act insert the following section —
Validity of decisions
105D
1
If a person aggrieved by a decision of the Secretary of State to proceed with the construction or improvement for which an environmental statement has been made desires to question the validity of the decision on the ground that —
a
it is not within the powers of this Act; or
b
any requirement of this Part of this Act has not been complied with in relation to the decision;
he may, within 6 weeks from the date on which the decision is first published under section 105B (6), make an application for the purpose to the High Court.
2
On any such application, the Court —
a
may by interim order suspend the operation of the decision, or any aspect of it, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and
b
if satisfied that the decision is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any requirement of this Part of this Act, may quash the decision or any aspect of it, either generally or in so far as it affects any property of the applicant.
3
Subject to subsection (2), a decision to which subsection (1) applies shall not be questioned in any legal proceedings whatever.
.
Wales
6
In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 , the reference to the 1980 Act is to be read as a reference to the 1980 Act as amended by these Regulations.
Application
7
1
These Regulations do not apply to a project in relation to which —
a
the Secretary of State or the National Assembly for Wales has before the commencement date given public notice of an environmental statement prepared under section 105A of the 1980 Act; or
b
a draft order or scheme has been published before the commencement date; or
c
the works contract has been let before the commencement date.
2
In this regulation —
“commencement date” means the day on which these Regulations come into force;
“draft order or scheme” means any draft order or scheme to which Schedule 1 of the 1980 Act applies or any draft compulsory purchase order prepared in the exercise of any land acquisition powers of the Secretary of State or of the National Assembly for Wales, as the case may be, under sections 239, 240, 242 to 246 and 250(2) of the 1980 Act; and
“works contract” means a contract for the construction of a new highway or the improvement of an existing highway.
Signed by authority of the Secretary of State for Transport
S.J.Ladyman
Minister of State
Department for Transport
28th February 2007
Signed on behalf of the National Assembly for Wales
D.Elis-Thomas
The Presiding Officer of the National Assembly for Wales
20th March 2007
We consent to the making of these Regulations
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 2007


text:
Title and commencement
1
These Regulations may be cited as the Curd Cheese (Restriction on Placing on the Market) (England) (Revocation) Regulations 2007 and come into force on 6th March 2007.
Revocation
2
The Curd Cheese (Restriction on Placing on the Market) (England) Regulations 2006 are revoked.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State,
Department of Health
5th March 2007


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights) Amendment Regulations 2007.
2
These Regulations come into force on 6th April 2007.
3
Regulations 2 and 3 apply if the effective date is on or after 6th April 2007.
4
In paragraph (3) “the effective date” means —
a
in the case of regulation 2, the date on which Her Majesty’s Revenue and Customs determine for the purposes of paragraph 5(3A) to (3E) of Schedule 2 to the Pension Schemes Act 1993 (resources of scheme insufficient on winding up) the extent to which the resources of a scheme are insufficient to meet the liability for the cash equivalent of the member’s rights under the scheme; and
b
in the case of regulation 3, the date on which Her Majesty’s Revenue and Customs determine for the purposes of paragraph 5(3A) to (3E) of Schedule 1 to the Pension Schemes (Northern Ireland) Act 1993 (resources of scheme insufficient on winding up) the extent to which the resources of a scheme are insufficient to meet the liability for the cash equivalent of the member’s rights under the scheme.
5
This regulation, in so far as it relates to regulation 2, and regulation 2 apply to England, Wales and Scotland.
6
This regulation, in so far as it relates to regulation 3, and regulation 3 apply to Northern Ireland.
Amendment of the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations 1998
2
1
Amend the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations 1998 (“the 1998 Regulations ”) as follows.
2
For the tables in Schedule 1 substitute the tables set out in Schedule 1 to these Regulations.
3
For the table in Schedule 2 substitute the table set out in Schedule 2 to these Regulations.
Amendment of the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations (Northern Ireland) 1998
3
1
Amend the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations (Northern Ireland) 1998 (“the 1998 Regulations”) as follows.
2
For the tables in Schedule 1 substitute the tables set out in Schedule 1 to these Regulations.
3
For the table in Schedule 2 substitute the table set out in Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
9th February 2007


text:
Title, application and commencement
1
This Order —
a
may be cited as the Diseases of Animals (Approved Disinfectants) (England) Order 2007;
b
applies in England; and
c
comes into force on 6th April 2007.
Approvals
2
Any approval under this Order or any renewal, amendment, suspension or revocation of an approval must be in writing.
Approval of disinfectants
3
1
The manufacturer of a disinfectant may apply to the Secretary of State for the approval of that disinfectant for use in cases where an order under the Animal Health Act 1981 specifies that an approved disinfectant must be used.
2
The Secretary of State may only approve a disinfectant if he is satisfied —
a
as to its efficacy and quality; and
b
that it complies with the Biocidal Products Regulations 2001 .
3
The approval —
a
must specify the dilution rate; and
b
may contain conditions to which the approval is subject.
4
The Secretary of State may test the disinfectant at any time, and must test it before approving it unless —
a
the disinfectant has the same formulation as another disinfectant manufactured by the manufacturer whose application it is;
b
that other disinfectant is an approved disinfectant; and
c
approval is sought only for use in one or more of the circumstances in respect of which the other disinfectant is approved.
5
The Secretary of State must publish a list of approved disinfectants.
6
In this article, “dilution rate” means the number of parts of water with which one part of an approved disinfectant is to be diluted.
Use of the disinfectant
4
An approved disinfectant may only be used in accordance with the conditions of its approval or as directed by an inspector.
Duration of approval and renewal
5
1
An approval lasts for two years, and may be renewed within 3 months prior to its expiry.
2
If a renewal is applied for, the approval continues to be valid up to the date on which the applicant is notified of the decision to renew or to refuse to renew.
Amendment, suspension and revocation of approvals
6
1
The Secretary of State may amend, suspend or revoke the approval or refuse to renew the approval if production of the disinfectant has ceased or if the disinfectant —
a
is no longer efficacious or of suitable quality;
b
does not comply with any condition of the approval; or
c
does not comply with the Biocidal Products Regulations 2001.
2
He may also suspend an approval pending investigation of any disinfectant if he has reasonable grounds to suspect that any of the grounds in paragraph (1) apply.
Representations to the Secretary of State
7
1
A manufacturer may make representations against —
a
a refusal to grant or renew an approval;
b
an amendment, suspension or revocation of an approval; or
c
any condition of an approval,
to a person appointed by the Secretary of State.
2
The manufacturer must notify the Secretary of State of his intention to make such representations to the appointed person within one month of receiving notice of the refusal to grant or renew the approval or the amendment, suspension or revocation of the approval.
3
The appointed person must consider the representations and report in writing to the Secretary of State within one month of receiving the representations.
4
The Secretary of State must give written notification of his final determination and the reasons for it to the applicant within one month of receiving the report from the appointed person.
5
Unless the Secretary of State directs otherwise, the refusal to renew an approval or an amendment, suspension or revocation of an approval shall continue in force until he makes his final determination.
Duties of manufacturers and suppliers in relation to amended, suspended or revoked approvals
8
1
If the Secretary of State amends, suspends or revokes the approval of a disinfectant or refuses to renew an approval, the manufacturer, and any supplier who becomes aware of the fact, must take all reasonable steps to notify every person in the United Kingdom to whom he has supplied the disinfectant in the previous 6 months.
2
Such notification must be given within one month of the manufacturer or supplier becoming aware of the amendment, suspension or revocation of the approval, or the refusal to renew the approval.
Placing disinfectant on the market
9
No person may place on the market any disinfectant that is labelled or otherwise represented as an approved disinfectant if —
a
it is not approved under this Order; or
b
the formula for it has changed since its approval was granted.
References to disinfectants in orders under the Animal Health Act 1981
10
Any reference in an order under the Animal Health Act 1981 to a disinfectant approved under the Diseases of Animals (Approved Disinfectants) Order 1978 or listed in a Schedule to that Order is a reference to a disinfectant approved under this Order.
Provision of information and samples
11
1
The Secretary of State may, at any time, require the manufacturer of a disinfectant for which approval is sought or granted, or any person in possession of such a disinfectant, to —
a
provide samples of that disinfectant for testing; or
b
provide any information relating to that disinfectant.
2
The samples or information must be provided to the Secretary of State within the time period set by him.
3
At the request of the Secretary of State, the manufacturer must provide his technical expertise to facilitate any analysis of the samples.
Enforcement
12
1
This Order is enforced by the local authority.
2
The Secretary of State may direct, in cases of a particular description or any particular case, that he will enforce this Order instead of the local authority.
Revocations
13
The following are revoked —
a
the Diseases of Animals (Approved Disinfectants) Order 1978; and
b
the Diseases of Animals (Approved Disinfectants) (Amendment) (England) Order 2006 .
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
14th February 2007


text:
Citation and commencement
1
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Markets in Financial Instruments) (Amendment No. 2) Regulations 2007.
2
These Regulations come into force —
a
for the purposes of regulation 7A of the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007 (inserted by regulation 2(4)) on 15th August 2007;
b
for the purposes of enabling notice to be given in accordance with regulation 9E(3) of those Regulations (inserted by regulation 2(5)), on 15th August 2007, and
c
for all other purposes, on 1st November 2007.
Amendment of the transitional provisions in the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007
2
1
The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007 are amended as follows.
2
After regulation 6 insert —
Transitional provisions: EEA investment firms exercising passport rights under the investment services directive
6A
1
Where on or before 31st October 2007 an EEA investment firm has exercised an EEA right deriving from the investment services directive to establish a branch or to provide services in the United Kingdom, and the Authority has received in respect of that firm —
a
a consent notice under paragraph 13(1)(a) of Schedule 3 or a regulator’s notice under paragraph 14(1)(b) of Schedule 3 in relation to an investment service specified in the first column in table 1 in Schedule 7 to these Regulations, or
b
notice of change under regulation 4(4) or 5(3) of the EEA Passport Rights Regulations in relation to an investment service specified in the first column in table 1 in Schedule 7 to these Regulations,
that notice is on 1st November 2007 to be treated as having been given in relation to the investment service or activity specified in the second column of table 1 opposite that investment service.
2
Where on or before 31st October 2007 an EEA investment firm has exercised an EEA right deriving from the investment services directive to establish a branch or to provide services in the United Kingdom, and the Authority has received in respect of that firm —
a
a consent notice under paragraph 13(1)(a) of Schedule 3 or a regulator’s notice under paragraph 14(1)(b) of Schedule 3 in relation to a non-core service specified in the first column in table 2 in Schedule 7 to these Regulations, or
b
notice of change under regulation 4(4) or 5(3) of the EEA Passport Rights Regulations in relation to a non-core service specified in the first column in table 2 in Schedule 7 to these Regulations,
that notice is on 1st November 2007 to be treated as having been given in relation to the ancillary service specified in the second column of table 2 opposite that non-core service.
3
Where on or before 31st October 2007 an EEA investment firm has exercised an EEA right deriving from the investment services directive to establish a branch or to provide services in the United Kingdom, and the Authority has received in respect of that firm —
a
a consent notice under paragraph 13(1)(a) of Schedule 3 or a regulator’s notice under paragraph 14(1)(b) of Schedule 3 in relation to the non-core service specified in paragraph 6 of Section C of the Annex to the investment services directive (investment advice concerning one or more of the instruments listed in Section B), or
b
notice of change under regulation 4(4) or 5(3) of the EEA Passport Rights Regulations in relation to the non-core service specified in paragraph 6 of Section C of the Annex to the investment services directive,
that notice is on 1st November 2007 to be treated as having been given in relation to the investment service specified in paragraph 5 of Section A of Annex I to the markets in financial instruments directive (investment advice).
4
Where on or before 31st October 2007 an EEA investment firm has exercised an EEA right deriving from the investment services directive to establish a branch or to provide services in the United Kingdom, and the Authority has received in respect of that firm —
a
a consent notice under paragraph 13(1)(a) of Schedule 3 or a regulator’s notice under paragraph 14(1)(b) of Schedule 3 in relation to an instrument specified in the first column in table 3 in Schedule 7 to these Regulations, or
b
notice of change under regulation 4(4) or 5(3) of the EEA Passport Rights Regulations in relation to an instrument specified in the first column in table 3 in Schedule 7 to these Regulations,
that notice is on 1st November 2007 to be treated as having been given in relation to the financial instrument specified in the second column of table 3 opposite that instrument.
5
If this regulation conflicts with any law of an EEA investment firm’s home state, the law of the firm’s home state shall prevail.
6
In this regulation —
“EEA investment firm” means an EEA firm falling within paragraph 5(a) of Schedule 3 (before its amendment by these Regulations);
“EEA right” has the meaning given in paragraph 7 of Schedule 3;
“home state” in relation to an EEA investment firm means the EEA State which is the firm’s home Member State for the purposes of the markets in financial instruments directive.
.
3
In paragraph (3) of regulation 7 omit the words from “and the ancillary service” to the end of the paragraph.
4
After regulation 7 insert —
Transitional provision: investment research and financial analysis
7A
1
This regulation applies where a UK investment firm on or before 15th August 2007 has given —
a
notice of intention under paragraph 19(2) or 20(1) of Schedule 3, or
b
notice of change under regulation 11(3) or 12(2)(a) of the EEA Passport Rights Regulations,
in relation to the non-core service specified in paragraph 6 of Section C of the Annex to the investment services directive (investment advice concerning one or more of the instruments listed in Section B).
2
The Authority may during the period starting on 1st September 2007 and ending on 31st October 2007 give notice to the UK investment firm’s host state regulator (within the meaning of paragraph 11 of Schedule 3) that from 1st November 2007 the firm will offer the ancillary service specified in paragraph 5 of Section B of Annex I to the markets in financial instruments directive (investment research and financial analysis).
3
Regulation 11 or 12 of the EEA Passport Rights Regulations does not apply where the Authority has given a notice in accordance with paragraph (2).
4
Where the UK investment firm concerned gave written notice to the Authority on or before 31st August 2007 to that effect, this regulation shall not apply to him.
.
5
After regulation 9D insert —
Transitional provision in relation to client classification
9E
1
Any person who immediately before 1st November 2007 had a Part IV permission containing a limitation or requirement —
a
in relation to the carrying on of any regulated activity except an activity mentioned in paragraph (2); and
b
described by reference to a category of clients specified in the first column in the table in Schedule 9,
is from 1st November 2007 to be treated as having a Part IV permission to carry on that regulated activity subject to the same limitation or requirement described by reference to the category of clients specified in the second column of that table opposite.
2
The activities are —
a
an insurance mediation activity (within the meaning of paragraph 2(5) of Schedule 6 to the Act ) carried on in relation to a contract of insurance (within the meaning of article 3(1) of the principal Order) which is not a life policy (within the meaning of the Glossary (Conduct of Business and Other Sourcebooks) Instrument 2007 (2007/32) made by the Authority under the Act on 24th May 2007); and
b
activities of the kind specified in any of the following provisions of the principal Order —
i
article 25A (arranging regulated mortgage contracts),
ii
article 25B (arranging regulated home reversion plans),
iii
article 25C (arranging regulated home purchase plans),
iv
article 53A (advising on regulated mortgage contracts),
v
article 53B (advising on regulated home reversion plans),
vi
article 53C (advising on regulated home purchase plans),
vii
article 61 (entering into and administering regulated mortgage contracts),
viii
article 63B (entering into and administering regulated home reversion plans), and
ix
article 63F (entering into and administering regulated home purchase plans).
3
Where the person concerned gave written notice to the Authority on or before 1st October 2007 to that effect, paragraph (1) shall not apply to him.
.
6
In Schedule 7 —
a
for the shoulder note substitute “Regulations 6A and 7”;
b
in the fourth entry in the first column of table 1, for “discriminatory” substitute “discretionary”.
7
After Schedule 8 insert —
SCHEDULE 9
TRANSITIONAL PROVISION IN RELATION TO CLIENT CLASSIFICATION
Regulation 9E
Category of clients in limitation or requirement in Part IV permission immediately before 1st November 2007 Category of clients in limitation or requirement in Part IV permission from 1st November 2007
Private customers only Retail clients only Intermediate customers only Professional clients only Private and intermediate customers only Retail and professional clients only Intermediate customers and market counterparties only Professional clients and eligible counterparties only
.
Alan Campbell
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
24th July 2007


text:
1
This Order may be cited as The A629 Trunk Road (City Boundary to Hard Ings Roundabout) (Detrunking) Order 2001 and shall come into force on 1st October 2007.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA/10/OD/361, marked “The A629 Trunk Road (City Boundary to Hard Ings Roundabout) (Detrunking) Order 2007”, signed by authority of the Secretary of State for Transport and deposited at Communities & Local Government, Deposited Document Services, Room F13, Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the Doncaster to Kendal Trunk Road (A629).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road as from the date on which the Secretary of State notifies the Bradford Metropolitan District Council (who will become the highway authority responsible for that length) that the Order has come into force.
Signed by authority of the Secretary of State for Transport
Arthur Ashburner
A Divisional Director Highways Agency
12th July 2007


text:
Citation and Commencement
1
This Order may be cited as the Air Navigation (Amendment) Order 2007 and shall come into force on 15th March 2007.
Amendment of the Air Navigation Order 2005
2
The Air Navigation Order 2005 shall be amended as follows.
Visibility requirements for helicopters
3
1
In article 25 —
a
omit sub-paragraph (7)(b);
b
in sub-paragraph (7)(d) omit “or is flying by night with visual ground reference”.
c
at the end of sub-paragraph (8)(b) omit “or”;
d
at the end of sub-paragraph (8)(c) omit the full stop and insert “; or”; and
e
after sub-paragraph (8)(c) add —
d
is flying by day and remains clear of cloud and with the surface in sight.
.
2
In article 155(1), after the definition of ‘Visual Meteorological Conditions’ insert —
‘With the surface in sight’ means with the flight crew being able to see sufficient surface features or surface illumination to enable the flight crew to maintain the aircraft in a desired attitude without reference to any flight instrument and ‘when the surface is not in sight’ shall be construed accordingly;
.
3
In Schedule 4, paragraph 5, sub-paragraph (15)(a), in the columns headed respectively “Circumstances of Flight” and “Scale of Equipment Required” for sub-paragraphs (i), (ii) and (iii) substitute —
Table 1
(i) when flying by day under Visual Flight Rules; (aa) with the surface in sight D (bb) when the surface is not in sight E (ii) when flying by day under Instrument Flight Rules; (aa) with the surface in sight E (bb) when the surface is not in sight; (aaa) outside controlled airspace E with E(2) duplicated (bbb) within controlled airspace E with both E(2) and E(4) duplicated and F (iii) when flying by night; (aa) with the surface in sight C, E, G(3), (5) and (6) (bb) outside controlled airspace when the surface is not in sight C, E with E(2) duplicated, G(3), (5) and (6) (cc) within controlled airspace when the surface is not in sight C, E with both E(2) and E(4) duplicated, F, G(3), (5) and (6).
4
In Schedule 4, paragraph 5, sub-paragraph (15), in the column headed “Scale of Equipment Required” adjacent to sub-paragraph (b) after “F4” omit “for all weights”.
5
In Schedule 4, paragraph 5, sub-paragraph (15)(b), in the columns headed respectively “Circumstances of Flight” and “Scale of Equipment Required” for sub-paragraphs (i), (ii), (iii) and (iv) substitute —
Table 2
(i) when flying by day under Visual Flight Rules (aa) with the surface in sight D (bb) when the surface is not in sight E (ii) when flying by day under Instrument Flight Rules (aa) with the surface in sight E (bb) when the surface is not in sight E with both E(2) and E(4) duplicated, F(2), (3) and (5). (iii) when flying by night with the surface in sight (aa) when flying in circumstances where one pilot is required C, E with E(2) duplicated and either E(4) duplicated or a radio altimeter, F(2), (3), (5) and G (bb) when flying in circumstances where two pilots are required C, E, F(2), (3), and (5) and G for each pilot’s station (iv) when flying by night when the surface is not in sight C, E with both E(2) and E(4) duplicated, F(2), (3), (5) and G.
6
In Schedule 8, Part A, Section 1, Sub-Section 2, in the privileges of the Private Pilot’s Licence (Helicopters) for sub-paragraph (2)(d) substitute —
d
unless his licence includes an instrument rating (helicopter) fly as pilot in command or co-pilot of such a helicopter in circumstances which require compliance with the Instrument Flight Rules —
i
in Class A, B or C airspace at any time; or
ii
in Class D, E, F or G airspace unless remaining clear of cloud and with the surface in sight;
.
7
In Schedule 8, Part A, Section 1, Sub-Section 2, in the privileges of the Commercial Pilot’s Licence (Helicopters and Gyroplanes) —
a
omit sub-paragraph (2)(a);
b
for sub-paragraph (2)(d) substitute —
d
unless his licence includes an instrument rating (helicopter) fly as pilot in command of such a helicopter in circumstances which require compliance with the Instrument Flight Rules —
i
in Class A, B or C airspace at any time; or
ii
in Class D, E, F or G airspace unless remaining clear of cloud and with the surface in sight;
;
c
for sub-paragraph (4)(a) substitute —
a
unless his licence includes an instrument rating (helicopter) fly as co-pilot of a helicopter flying in circumstances which require compliance with the Instrument Flight Rules —
i
in Class A, B or C airspace at any time; or
ii
in Class D, E, F or G airspace unless remaining clear of cloud and with the surface in sight;
; and
d
omit sub-paragraph (4)(c).
8
In Schedule 8, Part A, Section 2, Sub-Section 2, in the privileges and conditions of the Commercial Pilot Licence (Helicopter) —
a
for paragraph (2) substitute —
2
a
Subject to sub-paragraph (b), the licence is subject to the conditions and restrictions specified in paragraph 2.175 of Section 1 of JAR-FCL 2.
b
The holder of a Commercial Pilot Licence (Helicopter) may fly in circumstances which require compliance with the Instrument Flight Rules in the United Kingdom in Class D, E, F or G airspace when remaining clear of cloud and with the surface in sight.
;
b
at the end of paragraph (3) insert “except when flying by day under the provisions for flight with the surface in sight in Rule 29(1)(d) of the Rules of the Air Regulations 1996”; and
c
omit paragraph (4)(a).
9
In Schedule 8, Part A, Section 2, Sub-section 2, in the privileges and conditions of the Airline Transport Pilot Licence (Helicopter), at the end of paragraph (2) insert “except when flying by day under the provisions for flight with the surface in sight in Rule 29(1)(d) of the Rules of the Air Regulations 1996”.
Requirements for non-public transport flights
4
1
After article 49(6) insert —
6A
A flight to be conducted in accordance with the Instrument Flight Rules to an aerodrome when no suitable alternate aerodrome is available shall not be commenced unless —
a
a designated instrument approach procedure is available for the aerodrome of intended landing; and
b
available current meteorological information indicates that visual meteorological conditions will exist at the aerodrome of intended landing from two hours before to two hours after the estimated time of arrival.
6B
A flight shall not be continued towards the aerodrome of intended landing unless the latest available information indicates that conditions at that aerodrome, or at at least one alternate aerodrome, will, at the estimated time of arrival, be at or above the specified aerodrome operating minima.
.
2
After article 49(8) add —
8A
In this article ‘designated’ in relation to an instrument approach procedure means notified, prescribed or otherwise designated by the relevant competent authority.
.
3
After article 50(4) add —
5
An operator shall not permit a helicopter rotor to be turned under power for the purpose of making a flight unless there is a person at the controls entitled in accordance with article 26 of this Order to act as pilot-in-command of the helicopter.
.
4
In article 52 in the first line omit “registered in the United Kingdom”.
5
After article 52 add —
Non-public transport aircraft - survival equipment
52A
1
This article shall apply to any aircraft registered in the United Kingdom which is not a public transport aircraft.
2
The commander of an aircraft to which this article applies shall reasonably satisfy himself before take-off that the aircraft carries such additional equipment as the commander reasonably considers necessary for the purpose of facilitating the survival of the persons carried in the aircraft.
3
In satisfying himself as required by paragraph (2) the commander shall have regard to the circumstances of the intended flight, including in particular the likelihood of ditching and the availability of search and rescue facilities.
.
6
After article 54 add —
Non-public transport flights – additional duties of commander
54A
1
This article shall apply to an aircraft registered in the United Kingdom and flying for any purpose other than public transport.
2
In relation to every flight to which this article applies the commander of the aircraft shall, except in a case where a pressure greater than 700 hectopascals is maintained in all passenger and crew compartments throughout the flight, take all reasonable steps to ensure that —
a
before the aircraft reaches flight level 130 the method of use of the oxygen provided in the aircraft in compliance with the requirements of article 19 of and Schedule 4 to this Order is demonstrated to all passengers;
b
when flying above flight level 130 all passengers are recommended to use oxygen;
c
during any period when the aircraft is flying above flight level 100 up to and including flight level 130 oxygen is used by all the flight crew of the aircraft for that part of the flight at those altitudes that is of more than 30 minutes duration; and
d
during any period when the aircraft is flying above flight level 130 oxygen is used by all the flight crew of the aircraft.
.
7
In article 72 —
a
for the heading substitute —
Exits – public transport aeroplanes and helicopters
;
b
in paragraph (4) after “Every exit from the aeroplane or helicopter shall be marked” insert “on interior surfaces”;
c
after paragraph (4) insert —
4A
Every exit from the aeroplane or helicopter shall be marked on exterior surfaces with the words ‘exit’ or ‘emergency exit’ in capital letters, which shall be located on a background which provides adequate contrast.
;
d
in paragraph (5) after “Every exit from the aeroplane or helicopter shall be marked” insert “on interior surfaces on or near the inside surface of the door or other closure of the exit”;
e
for paragraph (6) substitute —
6
Every exit from the aeroplane or helicopter which may be opened from the outside shall be marked on or near the exterior surface of the door or other closure of the exit with instructions in English and with diagrams to indicate the correct method of opening the exit, which shall be located on a background which provides adequate contrast.
;
f
omit paragraphs (7) and (8).
8
After article 72 add —
Marking of break-in areas
72A
1
This article shall apply to all aircraft registered in the United Kingdom.
2
An operator shall ensure that, if areas of the fuselage suitable for break-in by rescue crews in emergency are marked on an aircraft to which this article applies, such areas shall be marked upon the exterior surface of the fuselage with markings to show the areas (in this article referred to as ‘break-in areas’) which can, for the purposes of rescue in an emergency, be most readily and effectively broken into by persons outside the aircraft.
3
a
The break-in areas shall be marked by right angled corner markings, each arm of which shall be 9 cm in length along its outer edge and 3 cm in width.
b
If the corner markings are more than 2 metres apart, intermediate lines 9 cm x 3 cm shall be inserted so that there is no more than 2 metres between adjacent marks.
4
The colour of break-in markings shall be red or yellow, and if necessary they shall be outlined in white to contrast with the background.
5
If instructions are marked on the break-in areas, the words ‘Cut Here in Emergency’ shall be marked across the centre of each break-in area in capital letters.
6
The markings required by this article shall —
a
be painted, or affixed by other equally permanent means; and
b
be kept at all times clean and unobscured.
.
9
In article 155 after the definition of ‘Instructor’s rating’ insert —
‘Instrument approach procedure’ means a series of predetermined manoeuvres by reference to flight instruments, with specified protection from obstacles, from a specified point to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or other obstacle clearance criteria apply;
.
10
In Schedule 4, paragraph 5(2), sub-paragraph (a), in the column headed “Scale of Equipment Required”, alongside sub-paragraph (i) for “C and D” substitute “C, D, G(2), G(3) and GG”.
11
In Schedule 4, paragraph 5(2), sub-paragraph (a), in the columns headed respectively “Circumstances of Flight” and “Scale of Equipment Required”, after sub-paragraph (iii) insert —
Table 3
(iv) when flying at a height of 13,000 ft or more above mean sea level L1 or L2 (v) when flying over water; (aa) beyond gliding distance from land suitable for an emergency landing H (bb) on or after 1st January 2007 when at a distance of more than 10 minutes flying time at normal cruising speed away from land suitable for making an emergency landing KK(1) or KK(2) (vi) when flying over areas which have been designated by the State concerned as areas in which search and rescue would be especially difficult, and where; KK (2) (aa) in the event of an emergency landing, tropical conditions are likely to be met U (except U(1)) (bb) in the event of an emergency landing, polar conditions are likely to be met V (except V(1)) (vii) on all flights which involve manoeuvres on water H, J and K (1), (2) and (3) (viii) with a certificate of airworthiness A(3) and (5).
12
In Schedule 4, paragraph 5(15), in the column headed “Scale of Equipment Required” adjacent to sub-paragraph (a) for “A(1) and (2)” substitute “A(1), (2), (3) and (5)”.
13
In Schedule 4, paragraph 5(15), sub-paragraph (a), in the columns headed respectively “Circumstances of Flight” and “Scale of Equipment Required”, after sub-paragraph (iii) insert —
(iv) when flying at a height of 13,000 ft or more above mean sea level L1 or L2 (v) when flying over water; (aa) beyond autorotational gliding distance from land suitable for an emergency landing H (bb) on all flights on which in the event of any emergency occurring during the take-off or during the landing at the intended destination or any likely alternate destination it is reasonably possible that the helicopter or gyroplane would be forced to land onto water H (cc) on or after 1st January 2007 when at a distance of more than 10 minutes flying time at normal cruising speed away from land suitable for making an emergency landing KK(1) or KK(2) (vi) when flying over areas which have been designated by the State concerned as areas in which search and rescue would be especially difficult, and where; KK(2) (aa) in the event of an emergency landing, tropical conditions are likely to be met U (except U(1)) (bb) in the event of an emergency landing, polar conditions are likely to be met. V (except V(1))
14
In Schedule 4, paragraph 6, Scale A, after paragraph (4) add —
5
A hand fire extinguisher for each enclosed passenger and crew compartment, so installed that at least one extinguisher shall be conveniently located for use by a member of the flight crew.
.
15
In Schedule 4, paragraph 6, Scale G, after sub-paragraph (6)(b) add —
c
if the maximum total weight authorised of the helicopter or gyroplane is 5700 kg or less and the flight is for a purpose other than public transport —
i
2 landing lights, one of which is adjustable in flight so as to illuminate the ground in front of, below and on either side of the helicopter; or
ii
2 landing lights in addition to the helicopter standard equipment, which shall be adjusted so as to illuminate the ground in front of the helicopter.
.
16
In Schedule 4, paragraph 6, after Scale G add —
Scale GG
A landing light.
.
17
In Schedule 4, paragraph 6, Scale H, paragraph (1), for “waterproof torch” substitute “a survivor locator light”.
18
In Schedule 5, paragraph 2 —
a
at the beginning of sub-paragraph (5), after “All aircraft” insert “(other than gliders)”;
b
in sub-paragraph (5)(e) omit “within controlled airspace”.
19
In Schedule 14, Part A —
a
in the column headed ‘Article of Order’ after ‘52’ insert ‘52A’ and adjacent to it in the column headed ‘Subject Matter’ insert ‘Carriage of survival equipment by non-public transport aircraft’;
b
in the column headed ‘Article of Order’ after ‘54’ insert ‘54A’ and adjacent to it in the column headed ‘Subject Matter’ insert ‘Additional duties of commander on non-public transport flights’;
c
in the column headed ‘Subject Matter’ adjacent to ‘72’ for ‘Requirement for exits and break-in markings’ substitute ‘Requirements concerning exits from public transport aeroplanes and helicopters’;
d
in the column headed ‘Article of Order’ after ‘72’ insert ‘72A’ and adjacent to it in the column headed ‘Subject Matter’ insert ‘Requirement for marking of break-in areas’.
Carriage and use of vibration health monitoring systems
5
1
After article 62 insert —
Use of vibration health monitoring systems
62A
The operator of a helicopter, on which a vibration health monitoring system is required by paragraph 5(15) of Schedule 4 to the Order to be carried, shall operate that equipment in accordance with procedures approved by the CAA.
.
2
In article 155(1) after the definition of ‘holding’ insert —
‘Hostile environment’, for the purposes of sub-paragraphs 5(15)(b)(ix) and (xvii) of Schedule 4, means an environment in which —
a safe forced landing cannot be accomplished because the surface is inadequate; or
the helicopter occupants cannot be adequately protected from the elements; or
search and rescue response and capability is not provided consistent with anticipated exposure; or
there is an unacceptable risk of endangering persons or property on the ground;
.
3
In Schedule 4, paragraph 5(15), after sub-paragraph (b)(xvi) in the column headed ‘Circumstances of Flight’ add “(xvii) with a maximum approved passenger seating configuration of more than nine and operating in a hostile environment” and adjacent to it in the column headed ‘Scale of Equipment Required’ insert “SS(6)”.
4
In Schedule 4, paragraph 6, after paragraph (5) of Scale SS add —
6
A vibration health monitoring system capable of monitoring the vibration of critical helicopter rotor and rotor drive system components.
.
5
In Schedule 9, Part A —
a
at the end of sub-paragraph 1(r) omit “and”;
b
at the end of sub-paragraph 1(s) omit the full stop and insert “; and”; and
c
after sub-paragraph 1(s) insert —
t
in the case of a helicopter, the maximum approved passenger seating configuration.
.
6
In Schedule 14, Part A in the column headed ‘Article of Order’ after ‘62’ insert ‘62A’ and adjacent to it in the column headed ‘Subject Matter’ insert ‘Use of vibration health monitoring systems’.
Balloon flying displays
6
In article 80 after paragraph (11) insert —
11A
Paragraphs (1), (2), (3) and (4) shall not apply to a flying display at which the only participating aircraft are balloons.
.
Introduction of 8.33 kHz channel spacing
7
In Schedule 5 —
a
in sub-paragraph 2(2)(a), for “when flying at or above flight level 245” substitute “when flying at or above flight level 195”;
b
in paragraph 4, for Scale A substitute —
Scale A
Radiocommunications equipment capable of maintaining direct two-way communication with the appropriate air traffic control units on the intended route using the frequencies notified or otherwise designated by the competent authority for that purpose.
.
Other changes
8
1
After article 8(5) insert —
6
An aircraft flying clear of cloud and with the surface in sight shall, for the purposes of this article, be deemed to be flying in accordance with the Visual Flight Rules.
.
2
In article 155 for the definition of JAR-FCL 1 substitute —
‘JAR-FCL 1’ means the Joint Aviation Requirement of the JAA bearing that title including Amendment 5 adopted by the JAA on 1 st March 2006;
.
3
In article 155 for the definitions of JAR-OPS 1 and JAR-OPS 3 substitute —
‘JAR-OPS 1’ means the Joint Aviation Requirement of the JAA bearing that title including Amendment 10 adopted by the JAA on 1st March 2006;
‘JAR-OPS 3’ means the Joint Aviation Requirement of the JAA bearing that title including Amendment 3 adopted by the JAA on 1st April 2004 and the Corrigendum adopted by the JAA on 1st July 2004;
.
4
In Schedule 4, paragraph 6, in paragraph (6) of Scale B for “with a maximum approved passenger seating configuration of more than 9” substitute “and with a maximum approved passenger seating configuration of 9 or less”.
5
In Schedule 5, paragraph 2(5) —
a
in sub-paragraph (d)(i) in the column “Scale of Equipment Required” omit “B”; and
b
in sub-paragraph (d)(ii) in the column “Scale of Equipment Required” insert “B”.
6
In Schedule 8, Part C, Section 2, in paragraph 2(1)(c)(i) for “the requirements in paragraph (b) above” substitute “the requirements in sub-paragraph (a) above”.
7
In Schedule 10, paragraph 2(2), for “the certificate of airworthiness in force in respect of the aircraft” substitute “in the case of a non-EASA aircraft the national certificate of airworthiness in force in respect of the aircraft” .
Christine Cook
Deputy Clerk of the Privy Council


text:
1
This Order may be cited as the Crime and Disorder Act 1998 (Responsible Authorities) Order 2007 and shall come into force on 1st May 2007.
2
The functions conferred by sections 6 to 7 of the Crime and Disorder Act 1998 are to be carried out in relation to the local government areas of Forest Heath District Council, St Edmundsbury Borough Council and Mid Suffolk District Council as if they constituted only one area (“the combined area”).
3
The persons who for the purposes of Chapter I of Part I of the Crime and Disorder Act 1998 are to be taken as the responsible authorities in relation to the combined area are the persons who, apart from this Order, would be a responsible authority in relation to any one or more of the areas included in the combined area.
Tony McNulty
Minister of State
Home Office
26th March 2007


text:
Title and Commencement
1
These Regulations may be cited as the Feed (Specified Undesirable Substances) (England) Regulations 2007 and come into force on 30th November 2007.
Amendments to the Feeding Stuffs (England) Regulations 2005
2
1
The Feeding Stuffs (England) Regulations 2005 are amended in accordance with paragraphs (2) to (5).
2
In paragraph 11(c)(iv) of Part 1 of Schedule 3 (contents of the statutory statement or other declaration etc ), for the word “soluble” substitute “insoluble”.
3
The table entries and footnotes comprising Chapter D of Schedule 5 (prescribed limits for undesirable substances) are replaced by the entries and footnotes set out in Schedule 1 to these Regulations.
4
The table entries set out in Schedule 2 to these Regulations are added at the end of the table in Schedule 6 (control of certain protein sources).
5
In column 4 of Chapter A of Schedule 7 (permitted feeding stuffs intended for particular nutritional purposes and provisions relating to their use), opposite the entry in column 1 relating to reduction of cystine stones formation, for the word “acidifying” substitute “alkalising”.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
22nd October 2007


text:
PART 1 Preliminary
Citation and commencement
1
These Regulations may be cited as the Road Tunnel Safety Regulations 2007 and shall come into force on 22nd June 2007.
Interpretation etc.
2
1
In these Regulations “the Road Tunnel Directive” means Directive No. 2004/54/ EC of the European Parliament and of the Council of 29th April 2004 on the minimum safety requirements for tunnels in the Trans-European Road Network , and any reference in the Schedule to “the Directive” shall be construed accordingly.
2
In these Regulations references to “Annex I” and “Annex II ” are references to those Annexes as set out in the Road Tunnel Directive, and the reference in paragraph 2.12 of Annex I to “Annex III ” should be read as a reference to the Schedule, which sets out Annex III of the Road Tunnel Directive is set out in a modified form.
3
In these Regulations —
“administrative authority” means a body designated in relation to a road tunnel pursuant to regulation 4;
“commissioning procedure” means the procedure for authorising the opening of a road tunnel to public traffic set out in paragraph 3 of Annex II;
“construction stage” means the period after the design stage has been completed but before that tunnel is open to traffic;
“design stage” means the stage after a feasibility study has been conducted in relation to a tunnel but before any construction of that tunnel has commenced;
“emergency services” means all local services, whether public or private or any of the road tunnel staff, which intervene in the event of an accident or incident in a road tunnel, including police services, fire brigades, highway authority traffic officers and rescue teams;
“inspection entity” means an entity appointed pursuant to regulation 12;
“modification” means a substantial change in the structure, construction, equipment or operation of a road tunnel which significantly alters any of the constituent components of the safety documentation, and cognate expressions shall be construed accordingly;
“operational schemes” means the schemes relating to a road tunnel drawn up pursuant to regulation 5(3);
“risk analysis” means an analysis prepared pursuant to regulation 18;
“risk reduction measure” means a measure to be used instead of adoption of a structural requirement set out in the safety requirements;
“road tunnel” means a tunnel to which these Regulations apply;
“safety documentation” means the documentation compiled pursuant to regulation 9;
“Safety Officer” means an officer designated pursuant to regulation 10;
“safety requirements” means the safety measures specified in Annex I and the Schedule;
“significant incident” has the same meaning as “emergency” in section 1 of the Civil Contingencies Act 2004 ;
“technical approval authority” means the person appointed pursuant to regulation 14;
“trans-European road network” means the road network identified in Section 2 of Annex I to Decision No. 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network and illustrated by maps and described in Annex II to that Decision; and
“Tunnel Manager” means a person designated pursuant to regulation 8.
Application of the Regulations
3
These Regulations apply in relation to a road tunnel in the United Kingdom that is —
a
over 500 metres in length and that forms part of the trans-European road network, and for the purpose of these Regulations a road tunnel is over 500 metres in length if the longest traffic lane on the fully enclosed part of that tunnel is over 500 metres in length; and
b
whether it is in operation or at the construction stage or the design stage.
PART 2 General Requirements
Designation of administrative authority
4
1
For each road tunnel in England, Scotland or Wales, the national authority for the jurisdiction in which the road tunnel is situated, shall designate a traffic authority as the administrative authority.
2
The Department for Regional Development is the administrative authority for each road tunnel in Northern Ireland.
3
Where a road tunnel is situated in more than one jurisdiction, the national authorities for those jurisdictions shall jointly appoint a traffic authority as the administrative authority for that road tunnel.
4
A designation made under paragraph (1) or (3) —
a
shall be in writing;
b
may provide that it is to remain in force (unless it is withdrawn or otherwise ceases to have effect) for a specified period; and
c
shall be made —
i
in relation to a road tunnel that is at the design stage, construction stage or in the operation stage at the time these Regulations come into force, as soon as is practicable after that time; and
ii
in any other case, at the beginning of the design stage.
5
In this regulation —
a
“national authority” means in relation to —
i
England, the Secretary of State,
ii
Wales, the National Assembly for Wales, and
iii
Scotland, the Scottish Ministers; and
b
“traffic authority” in relation to England, Wales and Scotland has the meaning given by section 121A of the Road Traffic Regulation Act 1984 .
Duties of administrative authority
5
1
The administrative authority shall ensure that a road tunnel for which it is the administrative authority is subject to the commissioning procedure before it is opened to traffic —
a
for the first time; or
b
after any modification has been carried out in relation to it.
2
The administrative authority in relation to a road tunnel for which it is the administrative authority shall —
a
ensure that the tests and inspections required by regulation 13 are carried out;
b
following an inspection pursuant to regulation 13, draw up such additional safety requirements it considers appropriate;
c
ensure operational and organisational schemes are in place in accordance with paragraph (3);
d
ensure the procedure for that tunnel’s immediate closure in the event of an emergency is established; and
e
ensure the risk reduction measures permitted pursuant to regulation 17 are implemented within the timetable specified pursuant to that regulation.
3
The administrative authority shall ensure that such operational and organisational schemes (including emergency response plans) are drawn up as are necessary for the training and equipping of the emergency services in the event of an emergency in relation to a road tunnel for which it is the administrative authority, and it shall ensure that —
a
the schemes are in writing;
b
a copy of the schemes is held as part of the safety documentation;
c
the schemes are sent to the relevant emergency services; and
d
the schemes are updated from time to time.
4
If the administrative authority finds that a road tunnel for which it is the administrative authority is not in compliance with the provisions of these Regulations, it shall —
a
notify the Tunnel Manager and the Safety Officer of the measures to increase tunnel safety that must be adopted; and
b
define the conditions for, where appropriate, continuing to operate that tunnel or re-opening that tunnel.
Administrative authority – duty to compile accident and fire reports
6
1
The administrative authority shall, for the two year period ending on 31 March 2008 and every two year period thereafter for which it is the administrative authority, compile a report containing the information set out in paragraph (2) in respect of fires and accidents which have occurred in the road tunnel, and which affect the safety of road users of that tunnel.
2
The report compiled under paragraph (1) shall —
a
evaluate the frequency and causes of those fires and accidents; and
b
provide information on the role and effectiveness of the safety facilities and measures found in the road tunnel in question including any failures of safety-critical equipment.
3
The administrative authority shall send each report to the Secretary of State within 22 weeks of the expiry of the period to which it relates.
Administrative authority – suspension or restriction of use of a road tunnel
7
1
The administrative authority may, in relation to a road tunnel for which it is the administrative authority, suspend or restrict the operation of the road tunnel if safety requirements, (including any additional safety requirement drawn up pursuant to regulation 5(2)(b), and any risk reduction measures permitted pursuant to regulation 17), or minimum operating requirements have not been met in relation to that tunnel.
2
The administrative authority may, in relation to a road tunnel for which it is the administrative authority suspend or restrict the operation of a road tunnel in order to carry out periodic exercises pursuant to Annex II.
3
In relation to a road tunnel located in Great Britain, sections 14 and 16 of the Road Traffic Regulation Act 1984 and the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 , subject to the modifications set out in paragraph (7), shall apply to an order made under paragraphs (1) or (2) as if it were an order made under section 14(1) of that Act.
4
In relation to a road tunnel located in Northern Ireland, Article 7 of, and Schedule 3 to, the Road Traffic Regulation (Northern Ireland) Order 1997 , subject to the modifications set out in paragraph (8), shall apply to a suspension or restriction made under paragraphs (1) or (2) as if it were a restriction or prohibition made under Article 7 of that Order.
5
Where the administrative authority suspends or restricts the operation of a road tunnel pursuant to paragraph (1), it shall specify the conditions to be met in order for the suspension or restriction to be lifted and shall —
a
ensure that those conditions have been met before the suspension or restriction is lifted; and
b
when those conditions have been met, in relation to —
i
an order relating to a road tunnel made in Great Britain, revoke that order, or
ii
a suspension or restriction relating to a road tunnel made in Northern Ireland, lift the suspension or restriction.
6
The administrative authority shall only suspend the operation of a road tunnel pursuant to paragraph (2) if satisfied that suitable arrangements can be made to divert traffic from that tunnel.
7
In relation to an order made in relation to a road tunnel in Great Britain under paragraph (1) or (2), the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 shall have effect subject to the following modifications —
a
in regulation 2(1) after the definition of ““the 1991 Act” insert the following definition ““the 2007 Regulations ” means the Road Tunnel Safety Regulations 2007”;
b
in regulation 3 —
i
at the end of paragraph (1) insert “or regulation 7 of the 2007 Regulations”,
ii
in paragraph (3)(a) after “section 14(1) of the 1984 Act” insert “or regulation 7(1) or (2) of the 2007 Regulations”,
iii
in paragraph (3)(c) after “and its maximum duration” insert “ or the conditions to be met before the order will be revoked”,
iv
in paragraph (6)(a) after “section 14(1) of the 1984 Act” insert “or regulation 7(1) or (2) of the 2007 Regulations”, and
v
in paragraph (6)(c) after “and its maximum duration” insert “or the conditions to be met before the order will be revoked”; and
c
in regulation 15 —
i
in paragraph (2)(d) after “shall state the reason or purpose mentioned in section 14(1) of the 1984 Act” insert “or regulation 7(1) or (2) of the 2007 Regulations”, and
ii
in paragraph 2(d) after “and its maximum duration” insert “or the conditions to be met before the order will be revoked”.
8
In relation to a suspension or a restriction made under paragraph (1) or (2) in relation to a road tunnel in Northern Ireland, Article 7(5) of the Road Traffic Regulation (Northern Ireland) Order 1997 shall have effect with the substitution of the words “when the conditions imposed pursuant to regulation 7(5) of the Road Tunnel Safety 2007 Regulations have been met” for the words “at the end of the period of 18 months from the date on which the provision comes into force”.
Designation of the Tunnel Manager
8
1
The administrative authority shall, in relation to every road tunnel for which it is the administrative authority, designate a person to be the Tunnel Manager for (as appropriate) the design stage, the construction stage, and the operating stage.
2
The administrative authority may undertake the role of the Tunnel Manager.
Duties of the Tunnel Manager
9
1
The Tunnel Manager shall, in relation to a road tunnel, for which it is the Tunnel Manager —
a
be responsible for that tunnel’s management;
b
designate the Safety Officer pursuant to regulation 10;
c
compile the safety documentation in accordance with Annex II and ensure that in addition to the requirements of Annex II it includes —
i
the operational schemes,
ii
the risk analysis (if any), and
iii
inspection reports prepared under regulation 13;
d
organise periodic exercises for tunnel staff and the emergency services in accordance with the requirements of paragraph 5 of Annex II;
e
prepare and forward incident reports in accordance with paragraph (3); and
f
forward investigation reports in accordance with paragraph (4).
2
The Tunnel Manager for a road tunnel that has been subject to modification, shall ensure that the provisions of paragraph 4 of Annex II are complied with.
3
The Tunnel Manager shall, within one month of an accident or significant incident occurring within a road tunnel for which it is the Tunnel Manager —
a
prepare a report on that accident or incident, (an incident report) that records the circumstances of the accident or incident; and
b
send the incident report to such of the emergency services as are appropriate (including the administrative authority and the safety officer).
4
If the Tunnel Manager prepares an investigation report, that analyses the circumstances of the incident or accident referred to in paragraph (3) or the conclusions that can be drawn from it, he shall forward that report to the administrative authority, Safety Officer and such of the emergency services as are appropriate within one month of the preparation or receipt of that report.
Designation of the Safety Officer
10
1
The Tunnel Manager shall, in relation to the road tunnel for which it is the Tunnel Manager, and with the prior approval of the administrative authority, designate a Safety Officer for (as appropriate) the design stage, the construction stage, and the operating stage.
2
The Safety Officer shall be independent in respect of road tunnel safety issues and shall not be under instructions from his employer in respect of those issues.
Duties of Safety Officers
11
The Safety Officer shall, in respect of a road tunnel for which it is the Safety Officer —
a
ensure there is co-ordination with the emergency services, and take part in the preparation of the operational schemes;
b
take part in the planning, implementation and evaluation of emergency operations;
c
take part in the formulation of safety schemes and the specification of the structure, equipment and operation of new or modified road tunnels;
d
verify that operational staff and relevant emergency services are trained in relation to the operational schemes, take part in the organisation of training exercises for this purpose, and ensure that such exercises are held at regular intervals;
e
give advice on the commissioning of the structure, equipment and operation of that tunnel;
f
verify that the tunnel’s structure and equipment is maintained and repaired; and
g
take part in the evaluation of any significant incident or accident.
Appointment of inspection entity
12
1
The administrative authority shall, in relation to a road tunnel for which it is the administrative authority appoint a person to be the inspection entity.
2
The person appointed as the inspection entity must be —
a
a Chartered Engineer or headed by a Chartered Engineer;
b
competent to carry out its functions; and
c
functionally independent of the Tunnel Manager.
3
The administrative authority may undertake the role of inspection entity provided that it fulfils the criteria set out in paragraph (2).
4
For the purpose of this regulation a “chartered engineer” means a person who has been designated a Chartered Engineer by the Engineering Council UK.
Duties of inspection entity
13
1
In order to verify whether the road tunnel for which it is the inspection entity complies with the provisions of these Regulations, the inspection entity shall carry out in relation to the road tunnel the following inspections —
a
a thorough visual inspection of the fabric of the road tunnel;
b
a thorough visual inspection of the mechanical and electrical equipment of the road tunnel;
c
a detailed examination of all of the accessible parts of the road tunnel; and
d
a detailed examination and testing of the mechanical and electrical equipment of the road tunnel.
2
The inspections and examinations referred to in paragraph (a) shall be carried out at the following intervals —
a
an inspection under paragraph (1)(a), within two years of these Regulations coming into force, or within two years of the road tunnel coming into operation, which ever is later, and thereafter every two years;
b
an inspection under paragraph (1)(b), annually;
c
an inspection under paragraph (1)(c), within six years of these Regulations coming into force, or within six years of the road tunnel coming into operation, which ever is later, and thereafter every six years; and
d
(1)(d) be carried out within three years of these Regulations coming into force, or within three years of the road tunnel coming into operation, whichever is later, and thereafter every three years.
3
The inspection entity shall compile a report containing details of all inspections and investigations carried out under this regulation, and shall forward that report to the administrative authority, tunnel manager and safety officer.
4
A report compiled pursuant to paragraph (3) shall include information on whether or not the part of the road tunnel inspected comply with the provisions of these Regulations and if those parts of the road tunnel do not comply with the provisions of these Regulations —
a
a description of how that tunnel fails to so comply; and
b
a recommendation of the measures (if any) to be adopted in order to increase that tunnel’s safety.
Appointment and duties of the technical approval authority
14
1
The relevant highway authority or, in relation to Scotland, the roads authority shall at the design stage of a proposed road tunnel, appoint in relation to that tunnel, such persons as they think fit to be the technical approval authority.
2
The technical approval authority shall be the responsible authority for the purposes of approving the design of the road tunnel under Annex II.
3
For the purpose of this regulation —
a
“highway authority” in relation to —
i
England and Wales has the same meaning as in the Highways Act 1980 , and
ii
Northern Ireland means the Department for Regional Development ; and
b
“roads authority” has the same meaning as in section 151 of the Roads (Scotland) Act 1984 ;
Road Tunnels already in operation
15
1
This regulation only applies to road tunnels that were open to public traffic prior to 30th April 2006.
2
The administrative authority shall ensure that the road tunnel has been assessed by means of an inspection, in order to ascertain whether the requirements of these Regulations have been met.
3
Where necessary, the Tunnel Manager for a road tunnel shall ensure that proposals have been put to the administrative authority for a plan for adapting the road tunnel to the provisions of these Regulations, including the remedial measures so required.
4
The administrative authority shall —
a
approve the plan and remedial measures proposed under paragraph (3) or request changes to the plan and remedial measures proposed under paragraph (3), and then if satisfied with those changes approve the plan and measures; and
b
ensure that the approved plan or remedial measures are followed and any works required by the plan or remedial measures are completed by 30 th April 2014.
5
If the remedial measures approved by the administrative authority under paragraph (4) result in modification to the construction or operation of the road tunnel, the administrative authority shall ensure that once the measures have been adopted the commissioning procedure and the requirements of paragraph 4 of Annex II have been followed.
6
The administrative authority shall by 20th July 2007 provide the Secretary of State with a report in respect of the road tunnel that provides information on —
a
how the requirements of these Regulations will be met;
b
the measures and plans approved under paragraph (4); and
c
the consequences (if any) of opening or closing the main access roads to that tunnel.
7
The administrative authority shall provide the Secretary of State with a plan, including a timetable, for the gradual compliance of the road tunnel to the requirements of these Regulations as soon as practicable, and report on the state of the plan and any changes to it by 1st October 2006 and by 1st October in every second year thereafter until 2014.
Safety Requirements to be met by road tunnels
16
Except where a risk reduction measure is to be used pursuant to regulation 17 or where a derogation has been granted pursuant to regulation 19 or permitted pursuant to paragraph 1.2.1 of Annex 1, the administrative authority shall ensure that a road tunnel that was —
a
put into operation for the first time on or after the coming into force of these Regulations, meets the safety requirements; or
b
in operation prior to 30th April 2006 meets the safety requirements by 30 th April 2014.
Risk Reduction Measures
17
1
Where the safety requirements specify a structural requirement that can only be satisfied by means of a technical solution that is not possible to achieve, or only achievable at disproportionate cost, the Tunnel Manager may apply to the administrative authority for authority to use a risk reduction measure.
2
Where the same body is both the administrative authority and the Tunnel Manager, an application referred to in paragraph (1) shall be considered by a person who is functionally independent from the persons acting on behalf of the body in its capacity as Tunnel Manager.
3
The administrative authority shall not permit the use of a risk reduction measure unless a risk analysis demonstrates that the measure will result in equivalent or improved protection for users of the road tunnel, compared to the relevant structural requirement in the safety requirements.
4
Where the administrative authority permits the use of a risk reduction measure it shall —
a
specify a timetable for implementation of that measure; and
b
notify the Secretary of State of the risk reduction measure to be used and the structural requirement that it replaces.
5
This Regulation does not apply in relation to a road tunnel that is at the design stage but the design of which had not been approved by the technical approval authority by 1 st May 2006.
Risk Analysis
18
1
A risk analysis shall be carried out by a person that is functionally independent from the Tunnel Manager.
2
The person carrying out the risk analysis shall produce a report in relation to the proposed risk reduction measure which includes the following matters —
a
consideration of the risks for the safety of users of the road tunnel taking into account all design factors and traffic conditions that affect safety, including traffic characteristics and type, the length of the road tunnel, that tunnel’s geometry and the forecast of the number of heavy goods vehicles which are likely to use that tunnel each day;
b
evaluation of whether the proposed measure will result in equivalent or improved protection for users of the road tunnel, to the safety requirement that it is to replace;
c
identification of the potential hazards arising from the use of the proposed risk reduction measure;
d
identification of the users of the road tunnel who could be affected by the hazards referred to in sub paragraph (c);
e
evaluation of the probabilities of harm occurring to the persons identified in sub paragraph (d); and
f
evaluation of the adequacy of the safety requirement that the proposed measure is to replace.
3
The risk analysis shall be included in the safety documentation.
Derogations for innovative techniques
19
1
The Tunnel Manager may at any time during the design, construction or operation of a road tunnel make a request in writing to the administrative authority for a derogation from the requirements of these Regulations in relation to the —
a
installation and use of innovative safety equipment; or
b
use of innovative safety procedures,
which provide an equivalent or higher level of protection than current technologies as prescribed in these Regulations.
2
A request made pursuant to paragraph (1) shall be accompanied by the following information —
a
a description of the road tunnel in relation to which the derogation is sought including a description of any physical or operational features relevant to the request;
b
a description of the proposed procedure or equipment;
c
an explanation of why the proposed procedures or equipment are innovative;
d
a description, and where appropriate a demonstration, of —
i
how the proposed procedure or equipment will provide equivalent or higher level of protection than the procedures or equipment required by these Regulations, and
ii
why the procedures or equipment required by these Regulations cannot or should not be used in the road tunnel; and
e
a written report prepared by the inspection entity setting out its opinion of the request and stating whether or not the proposed procedure or equipment will provide an equivalent or higher level of protection than that provided by the procedures or equipment prescribed by these Regulations.
3
If the administrative authority considers that the information provided by the Tunnel Manager with a request made under paragraph (1) is insufficient to enable it to make a decision the administrative authority shall notify the Tunnel Manager in writing of the additional information it requires in order to make that decision.
4
On receiving a notification under paragraph (3) the Tunnel Manager shall provide the administrative authority with such of the additional information specified in that notification as the Tunnel Manager is reasonably able to supply and, where any of that additional information so specified is not provided, a written explanation as to why the Tunnel Manager is unable to provide it.
5
If the administrative authority considers that the use or installation of the proposed innovative safety equipment or the use of the proposed innovative safety procedures will not provide equivalent or higher level of protection to users of the road tunnel it shall refuse the request.
6
If the administrative authority decides that the request for a derogation should not be granted it shall give the Tunnel Manager reasons for that decision in writing.
7
If the administrative authority decides that a derogation should, subject to the view of the Commission, be granted it shall forward the request made and information sent under paragraphs (1) (2) and (4) to the Secretary of State.
8
The Secretary of State shall forward the information sent under paragraph (7) to the Commission within one month of receiving that information.
9
On receipt of confirmation from the Commission that in relation to the request made under this regulation —
a
no objection has been made to the Commission under Article 14 of the Road Tunnel Directive, or an objection has been made to the Commission under Article 14 of the Road Tunnel Directive, and following the procedure prescribed by that Article, a positive decision has been made by the Article 17 committee, the Secretary of State shall notify the administrative authority that it may grant the request made under paragraph (1); or
b
an objection has been made to the Commission under Article 14 of the Road Tunnel Directive and, following the procedure prescribed by that Article, a negative decision has been made by the Article 17 committee, the Secretary of State shall notify the administrative authority that it may not grant the request made under paragraph (1).
10
The administrative authority shall notify the Tunnel Manager, within 2 weeks of receipt of the confirmation set out in paragraph (9) whether the request made under paragraph (1) has been granted or refused.
11
For the purpose of this regulation —
a
“innovative” in relation to safety equipment and safety procedures means safety equipment or safety procedures that are not provided for in these Regulations; and
b
“Article 17 Committee” means the Committee set up pursuant to Article 17 of the Road Tunnel Directive.
Application of Regulations where the same person undertakes functions of different authorities
20
1
Where these Regulations impose on one of the authorities specified in paragraph (2) any obligation to send information or documentation to another such authority, that obligation shall apply notwithstanding that the same person acts as both authorities.
2
Those authorities are —
a
an administrative authority;
b
a Tunnel Manager; and
c
the Secretary of State.
Notification to the Commission
21
The Secretary of State shall send to the Commission —
a
notification of the name and address of the administrative authorities designated under regulation 4;
b
notification of the risk reduction measures permitted by the administrative authority pursuant to regulation 17;
c
by 30 th September 2008, and by 30th in every second year thereafter, a consolidated copy of the reports sent to him pursuant to regulation 6;
d
by 17th August 2007 a consolidated copy of the reports sent to him pursuant to regulation 15(6); and
e
on 30th October 2008 and on 30th October in every second year thereafter until 2014 a consolidated copy of the plans sent to him pursuant to regulation 15(7).
Signed by authority of the Secretary of State for Transport
S.J. Ladyman
Minister of State
22nd May 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as Her Majesty’s Inspectors of Constabulary (Specified Organisations) Order 2007 and shall come into force on 1st May 2007.
2
In this Order “the 1996 Act ” means the Police Act 1996.
Specified organisations
2
The following bodies are specified as organisations for the purposes of paragraph 3(4) of Schedule 4A to the 1996 Act (inspections by other inspectors of organisations within remit of inspectors of constabulary) —
a
a police force ;
b
a police authority ;
c
the Serious Organised Crime Agency;
d
the National Policing Improvement Agency;
e
the Ministry of Defence Police;
f
the British Transport Police Force; and
g
the Civil Nuclear Constabulary.
Tony McNulty
Minister of State
Home Office
3rd April 2007