text:
PART 1 PRELIMINARY
Citation, commencement and application
1
1
These Regulations may be cited as the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 and shall come into force on 31st March 2008.
2
These Regulations apply only to England.
Interpretation
2
1
In these Regulations —
“the 2004 Act ” means the Traffic Management Act 2004;
“the 28-day period” has the meaning given by regulation 10(4);
“adjudicator” means an adjudicator appointed under Part 4 of these Regulations;
“applicable discount” and “applicable surcharge” mean the amount of any discount or, as the case may be, surcharge set in accordance with Schedule 9 to the 2004 Act;
“charge certificate” has the meaning given by regulation 21(1);
“enforcement authority” in relation to a penalty charge or the immobilisation of a vehicle means the enforcement authority in relation to the alleged contravention in consequence of which the charge was incurred or the vehicle was immobilised;
“notice to owner”, subject to regulations 21(4) and 23(9) has the meaning given by regulation 19;
“outstanding” in relation to a penalty charge shall be construed in accordance with paragraphs (2) to (4);
“owner” in relation to a vehicle includes any person who falls to be treated as the owner of the vehicle by virtue of regulation 5(3);
“pedestrian crossing contravention” means a parking contravention consisting of an offence referred to in paragraph 3(2)(c), 3(2)(h)(i), 4(2)(c) or 4(2)(i)(i) of Schedule 7 to the 2004 Act (prohibition on stopping of vehicles on or near pedestrian crossings);
“penalty charge” means a penalty charge relating to a parking contravention and payable in accordance with regulation 4;
“penalty charge notice” has the meaning given by regulation 8(1);
“regulation 10 penalty charge notice” has the meaning given by regulation 10;
“the English enforcement authorities” means Transport for London and those enforcement authorities which are London authorities or other local authorities in England and “the non-London enforcement authorities” means the English enforcement authorities other than Transport for London and the London authorities; and
“the Representations and Appeals Regulations ” means the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 .
2
For the purposes of these Regulations a penalty charge is outstanding in relation to a vehicle if —
a
the charge has not been paid and the enforcement authority to which the charge is payable has not waived payment, whether by cancellation of the penalty charge notice or notice to owner or otherwise;
b
the owner of the vehicle when it was immobilised was also the owner of the vehicle when the penalty charge was imposed; and
c
either —
i
a notice to owner or regulation 10 penalty charge notice has been served in respect of the charge and the conditions in paragraph (3) are satisfied; or
ii
no notice to owner or regulation 10 penalty charge notice has been served in respect of the charge and the conditions in paragraph (4) are satisfied.
3
The conditions referred to in paragraph (2)(c)(i) are that —
a
the penalty charge was imposed, in accordance with these Regulations, by an enforcement authority in respect of a parking contravention;
b
the penalty charge is the subject of a charge certificate served under regulation 21 which has not been set aside in accordance with regulation 23.
4
The conditions referred to in paragraph (2)(c)(ii) are that —
a
the penalty charge related to a vehicle which, when the penalty charge became payable, —
i
was not registered under the Vehicle Excise and Registration Act 1994 ; or
ii
was so registered, but without the inclusion in the registered particulars of the correct name and address of the keeper of the vehicle;
b
having taken all reasonable steps, the enforcement authority to which the penalty charge was payable was unable to ascertain the name and address of the keeper of the vehicle and was consequently unable to serve a notice to owner under regulation 19 or a regulation 10 penalty charge notice; and
c
the period of 42 days beginning with the date on which the penalty charge became payable has expired.
Service by post
3
1
Subject to paragraph (5), any notice (except a penalty charge notice served under regulation 9) or charge certificate under these Regulations —
a
may be served by first class (but not second class) post; and
b
where the person on whom it is to be served is a body corporate, is duly served if it is sent by first class post to the secretary or clerk of that body.
2
Service of a notice or charge certificate contained in a letter sent by first class post which has been properly addressed, pre-paid and posted shall, unless the contrary is proved, be taken to have been effected on the second working day after the day of posting.
3
In paragraph (2), “working day” means any day except —
a
a Saturday or a Sunday;
b
New Year’s Day;
c
Good Friday;
d
Christmas Day;
e
any other day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 .
4
A document may be transmitted to a vehicle hire firm (as defined in regulation 5(4)) by a means of electronic data transmission where —
a
the vehicle hire firm has indicated in writing to the person sending the notice or document that it is willing to regard a document as having been duly sent to it if it is transmitted to a specified electronic address; and
b
the document is transmitted to that address.
5
Nothing in this regulation applies to the service of any notice or order made by a county court.
PART 2 PENALTY CHARGES
Imposition of penalty charges
4
Subject to the provisions of these Regulations a penalty charge is payable with respect to a vehicle where there has been committed in relation to that vehicle —
a
a parking contravention within paragraph 2 of Schedule 7 to the 2004 Act (contraventions relating to parking places in Greater London);
b
a parking contravention within paragraph 3 of that Schedule (other parking contraventions in Greater London) in a civil enforcement area in Greater London; or
c
a parking contravention within paragraph 4 of that Schedule (parking contraventions outside Greater London) in a civil enforcement area outside Greater London.
Person by whom a penalty charge is to be paid
5
1
Where a parking contravention occurs, the person by whom the penalty charge for the contravention is to be paid shall be determined in accordance with the following provisions of this regulation.
2
In a case not falling within paragraph (3), the penalty charge shall be payable by the person who was the owner of the vehicle involved in the contravention at the material time.
3
Where —
a
the vehicle is a mechanically propelled vehicle which was, at the material time, hired from a vehicle-hire firm under a hiring agreement;
b
the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge notice served in respect of any parking contravention involving the vehicle during the currency of the hiring agreement; and
c
in response to a notice to owner served on him, the owner of the vehicle made representations on the ground specified regulation 4(4)(d) of the Representations and Appeals Regulations and the enforcement authority accepted those representations,
the penalty charge shall be payable by the person by whom the vehicle was hired and that person shall be treated as if he were the owner of the vehicle at the material time for the purposes of these Regulations.
4
In this regulation —
a
“hiring agreement” and “vehicle-hire firm” have the same meanings as in section 66 of the Road Traffic Offenders Act 1988 ; and
b
“the material time” means the time when the contravention giving rise to the penalty charge is said to have occurred.
Evidence of contravention
6
A penalty charge shall not be imposed except on the basis of —
a
a record produced by an approved device; or
b
information given by a civil enforcement officer as to conduct observed by him.
Criminal proceedings for parking contraventions in civil enforcement areas
7
1
No criminal proceedings may be instituted and no fixed penalty notice may be served in respect of any parking contravention occurring in a civil enforcement area, except a pedestrian crossing contravention.
2
A penalty charge shall not be payable in relation to a pedestrian crossing contravention where —
a
the conduct constituting the contravention is the subject of criminal proceedings; or
b
a fixed penalty notice, as defined by section 52 of the Road Traffic Offenders Act 1988 , has been given in respect of that conduct.
3
Where, notwithstanding the provisions of paragraph (2) —
a
a penalty charge has been paid in respect of a pedestrian crossing contravention; and
b
the circumstances are as mentioned in paragraph (2)(a) or (b),
the enforcement authority shall, as soon as reasonably practicable after those circumstances come to its notice, refund the amount of the penalty charge.
Penalty charge notices
8
1
In these Regulations a “penalty charge notice” means a notice which —
a
was served in accordance with regulation 9 or 10 in relation to a parking contravention; and
b
complies with the requirements of the Schedule which apply to it as well as those of regulation 3 of the Representations and Appeals Regulations which so apply.
2
The Schedule has effect with regard to penalty charge notices.
Penalty charge notices — service by a civil enforcement officer
9
Where a civil enforcement officer has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area, he may serve a penalty charge notice —
a
by fixing it to the vehicle; or
b
giving it to the person appearing to him to be in charge of the vehicle.
Penalty charge notices — service by post
10
1
An enforcement authority may serve a penalty charge notice by post where —
a
on the basis of a record produced by an approved device, the authority has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area;
b
a civil enforcement officer attempted to serve a penalty charge notice in accordance with regulation 9 but was prevented from doing so by some person; or
c
a civil enforcement officer had begun to prepare a penalty charge notice for service in accordance with regulation 9, but the vehicle concerned was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 9,
and references in these Regulations to a “regulation 10 penalty charge notice” are to a penalty charge notice served by virtue of this paragraph.
2
For the purposes of paragraph (1)(c), a civil enforcement officer who observes conduct which appears to constitute a parking contravention shall not thereby be taken to have begun to prepare a penalty charge notice.
3
A regulation 10 penalty charge notice shall be served on the person appearing to the enforcement authority to be the owner of the vehicle involved in the contravention in consequence of which the penalty charge is payable.
4
Subject to paragraph (6), a regulation 10 penalty charge notice may not be served later than the expiration of the period of 28 days beginning with the date on which, according to a record produced by an approved device, or information given by a civil enforcement officer, the contravention to which the penalty charge notice relates occurred (in these Regulations called “the 28-day period”).
5
Paragraph (6) applies where —
a
within 14 days of the appropriate date the enforcement authority has requested the Secretary of State to supply the relevant particulars in respect of the vehicle involved in the contravention and those particulars have not been supplied before the expiration of the 28-day period;
b
an earlier regulation 10 penalty charge notice relating to the same contravention has been cancelled under regulation 23(5)(c); or
c
an earlier regulation 10 penalty charge notice relating to the same contravention has been cancelled under regulation 5 of the Representations and Appeals Regulations.
6
Where this paragraph applies, notwithstanding the expiration of the 28-day period, an enforcement authority shall continue to be entitled to serve a regulation 10 penalty charge notice —
a
in a case falling within paragraph (5)(a), for a period of six months beginning with the appropriate date; or
b
in a case falling within paragraph (5)(b) or (c), for a period of 4 weeks beginning with the appropriate date.
7
In this regulation —
a
“the appropriate date” means —
i
in a case falling within paragraph (5)(a), the date referred to in paragraph (4);
ii
in a case falling within paragraph (5)(b), the date on which the district judge serves notice in accordance with regulation 23(5)(d); or
iii
in a case falling within paragraph (5)(c) the date on which the previous regulation 10 penalty charge notice was cancelled; and
b
“relevant particulars” means particulars relating to the identity of the keeper of the vehicle contained in the register of mechanically propelled vehicles maintained by the Secretary of State under the Vehicle Excise and Registration Act 1994.
Removal of or interference with a penalty charge notice
11
1
A penalty charge notice fixed to a vehicle in accordance with regulation 9(a) shall not be removed or interfered with except by or under the authority of —
a
the owner or person in charge of the vehicle; or
b
the enforcement authority.
2
A person contravening paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
PART 3 IMMOBILISATION OF VEHICLES
Power to immobilise vehicles
12
1
Subject to regulation 13 (limitations on the power to immobilise vehicles), where a penalty charge notice has been served in accordance with regulation 9, a civil enforcement officer or a person acting under his direction may fix an immobilisation device to the vehicle concerned while it remains in the place where it was found.
2
On any occasion when an immobilisation device is fixed to a vehicle in accordance with this regulation, the person fixing the device shall also fix to the vehicle a notice —
a
indicating that such a device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from that device;
b
specifying the steps to be taken in order to secure its release; and
c
warning that unlawful removal of an immobilisation device is an offence.
3
A notice fixed to a vehicle in accordance with this regulation shall not be removed or interfered with except by or under the authority of —
a
the owner, or person in charge, of the vehicle; or
b
the enforcement authority.
4
A person contravening paragraph (3) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
5
Any person who, without being authorised to do so in accordance with these Regulations, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with this regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Limitations on the power to immobilise vehicles
13
1
An immobilisation device must not be fixed to a vehicle if there is displayed on the vehicle —
a
a current disabled person’s badge; or
b
a current recognised badge.
2
If, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (1)(a), the vehicle was not being used —
a
in accordance with regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970 ; and
b
in circumstances falling within section 117(1)(b) of the Road Traffic Regulation Act 1984 (use where a disabled persons’ concession would be available),
the person in charge of the vehicle shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
If, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (1)(b), the vehicle was not being used —
a
in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970 ; and
b
in circumstances falling within section 117(1A)(b) of the Road Traffic Regulation Act 1984 (use where a disabled person’s concession would be available by virtue of displaying a non-GB badge),
the person in charge of the vehicle shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
An immobilisation device must not be fixed to a vehicle which is in a parking place in respect of a contravention consisting of, or arising out of, a failure —
a
to pay a parking charge with respect to the vehicle;
b
properly to display a ticket or parking device; or
c
to remove the vehicle from a parking place by the end of the period for which the appropriate charge was paid,
until the appropriate period has elapsed since the service of a penalty charge notice under regulation 9 in respect of the contravention.
5
For the purposes of paragraph (4) the appropriate period is —
a
in the case of a vehicle as respects which there are 3 or more penalty charges outstanding, 15 minutes;
b
in any other case 30 minutes.
Release of immobilised vehicles
14
1
A vehicle to which an immobilisation device has been fixed in accordance with regulation 12 may only be released from that device by or under the direction of a person authorised by the enforcement authority to give such a direction.
2
Subject to paragraph (1), such a vehicle shall be released from the device on payment in any manner specified in the notice fixed to the vehicle under regulation 12(2) of —
a
the penalty charge payable in respect of the parking contravention; and
b
such charge in respect of the release as may be required by the enforcement authority.
PART 4 ADJUDICATORS
Discharge of functions relating to adjudicators in Greater London
15
1
The functions of the London local authorities and Transport for London relating to adjudicators under section 81 of the 2004 Act and under regulations 17 and 18 shall be discharged jointly, under arrangements made under section 101(5) of the Local Government Act 1972 , by a single joint committee appointed by those authorities and Transport for London under section 102(1)(b) of that Act.
2
The arrangements for the discharge of functions by a single joint committee under section 73 of the Road Traffic Act 1991 which were —
a
made between the London local authorities and Transport for London; and
b
subsisting immediately before the coming into force of these Regulations,
shall continue in force and have effect as if made under this regulation, until such time as they are varied or replaced.
Discharge of functions relating to adjudicators outside Greater London
16
1
The functions of the non-London enforcement authorities relating to adjudicators under section 81 of the 2004 Act and under regulations 17 and 18 shall be discharged jointly, under arrangements made under section 101(5) of the Local Government Act 1972, by a joint committee or joint committees appointed under section 102(1)(b) of that Act of which at least three of the non-London enforcement authorities are constituent authorities.
2
The constituent authorities of a joint committee may include county or county borough councils in Wales.
3
Any arrangements for the discharge of functions by a joint committee under section 73 of the Road Traffic Act 1991 , as that section was applied to local authorities outside Greater London, which were —
a
made between local authorities outside Greater London; and
b
subsisting immediately before the coming into force of these Regulations,
shall continue in force and shall have effect as if made under this regulation, until such time as those arrangements are varied or replaced.
Appointment of adjudicators
17
1
The relevant enforcement authorities shall appoint such number of adjudicators for the purposes of Part 6 of the 2004 Act on such terms as they may decide.
2
Any decision by those authorities to appoint a person as an adjudicator shall not have effect without the consent of the Lord Chancellor.
3
Any decision by those authorities —
a
not to re-appoint a person as an adjudicator; or
b
to remove a person from his office as an adjudicator,
shall not have effect without the consent of the Lord Chancellor and of the Lord Chief Justice.
4
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 ) to exercise his functions under paragraph (3).
5
Adjudicators who —
a
were appointed under section 73 of the Road Traffic Act 1991, whether by the London local authorities and Transport for London or by local authorities outside Greater London; and
b
held office immediately before the coming into force of this regulation,
shall be treated as having been appointed under this regulation on the same terms as those on which they held office at that time.
6
Each adjudicator shall make an annual report to the relevant enforcement authorities in accordance with such requirements as may be imposed by those authorities.
7
The relevant authorities shall make and publish an annual report to the Secretary of State on the discharge by the adjudicators of their functions.
Expenses of the relevant authorities
18
1
In default of a decision by any of the enforcement authorities under section 81(9)(a) of the 2004 Act as to the proportions in which their expenses under section 81 of that Act are to be defrayed, the authorities concerned shall refer the issue to an arbitrator nominated by the Chartered Institute of Arbitrators for him to determine.
2
Where the Secretary of State is satisfied that there has been a failure on the part of any of the relevant enforcement authorities to agree those proportions, he may give to the relevant joint committee such directions as are in his opinion necessary to secure that the issue is referred to arbitration in accordance with paragraph (1).
3
In this regulation “the relevant joint committee” means the joint committee constituted under regulation 15 or 16 of which the enforcement authorities in default are constituent authorities.
PART 5 ENFORCEMENT OF PENALTY CHARGES
The notice to owner
19
1
Subject to regulation 20, where —
a
a penalty charge notice has been served with respect to a vehicle under regulation 9; and
b
the period of 28 days specified in the penalty charge notice as the period within which the penalty charge is to be paid has expired without that charge being paid,
the enforcement authority concerned may serve a notice (“a notice to owner”) on the person who appears to them to have been the owner of the vehicle when the alleged contravention occurred.
2
A notice to owner served under paragraph (1) must, in addition to the matters required to be included in it under regulation 3(3) of the Representations and Appeals Regulations, state —
a
the date of the notice, which must be the date on which the notice is posted;
b
the name of the enforcement authority serving the notice;
c
the amount of the penalty charge payable;
d
the date on which the penalty charge notice was served;
e
the grounds on which the civil enforcement officer who served the penalty charge notice under regulation 9 believed that a penalty charge was payable with respect to the vehicle;
f
that the penalty charge, if not already paid, must be paid within “the payment period” as defined by regulation 3(3)(a) of the Representations and Appeals Regulations;
g
that if, after the payment period has expired, no representations have been made under regulation 4 of the Representations and Appeals Regulations and the penalty charge has not been paid, the enforcement authority may increase the penalty charge by the applicable surcharge; and
h
the amount of the increased penalty charge.
Time limit for service of a notice to owner
20
1
A notice to owner may not be served after the expiry of the period of 6 months beginning with the relevant date.
2
The relevant date —
a
in a case where a notice to owner has been cancelled under regulation 23(5)(c) of these Regulations, is the date on which the district judge serves notice in accordance with regulation 23(5)(d);
b
in case where a notice to owner has been cancelled under regulation 5 of the Representations and Appeals Regulations, is the date of such cancellation;
c
in a case where payment of the penalty charge was made, or had purportedly been made, before the expiry of the period mentioned in paragraph (1) but the payment or purported payment had been cancelled or withdrawn, is the date on which the enforcement authority is notified that the payment or purported payment has been cancelled or withdrawn;
d
in any other case, is the date on which the relevant penalty charge notice was served under regulation 9.
Charge certificates
21
1
Where a notice to owner is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, the authority serving the notice may serve on that person a statement (a “charge certificate”) to the effect that the penalty charge in question is increased by the amount of the applicable surcharge.
2
The relevant period, in relation to a notice to owner, is the period of 28 days beginning —
a
where no representations are made under regulation 4 of the Representations and Appeals Regulations, with the date on which the notice to owner is served;
b
where —
i
such representations are made;
ii
a notice of rejection is served by the authority concerned; and
iii
no appeal against the notice of rejection is made,
with the date on which the notice of rejection is served;
c
where an adjudicator has, under regulation 7(4) of the Representations and Appeals Regulations, recommended the enforcement authority to cancel the notice to owner, with the date on which the enforcement authority notifies the appellant under regulation 7(5) of those Regulations that it does not accept the recommendation; or
d
in a case not falling within subparagraph (c) where there has been an unsuccessful appeal to an adjudicator under the Representations and Appeals Regulations against a notice of rejection, with the date on which notice of the adjudicator’s decision is served on the appellant.
3
Where an appeal against a notice of rejection is made but is withdrawn before the adjudicator serves notice of his decision, the relevant period in relation to a notice to owner is the period of 14 days beginning with the date on which the appeal is withdrawn.
4
In this regulation —
a
references to a “notice to owner” include a regulation 10 penalty charge notice; and
b
“notice of rejection” has the meaning given by regulation 2 of the Representations and Appeals Regulations.
Enforcement of charge certificate
22
Where a charge certificate has been served on any person and the increased penalty charge provided for in the certificate is not paid before the end of the period of 14 days beginning with the date on which the certificate is served, the enforcement authority may, if a county court so orders, recover the increased charge as if it were payable under a county court order.
Invalid notices
23
1
This regulation applies where —
a
a county court makes an order under regulation 22;
b
the person against whom it is made makes a witness statement complying with paragraph (2); and
c
that statement is served on the county court which made the order, before the end of —
i
the period of 21 days beginning with the date on which notice of the county court’s order is served on him; or
ii
such longer period as may be allowed under paragraph (4).
2
The witness statement must state one and only one of the following —
a
that the person making it did not receive the notice to owner in question;
b
that he made representations to the enforcement authority under regulation 4 of the Representations and Appeals Regulations but did not receive from that authority a notice of rejection in accordance with regulation 6 of those Regulations;
c
that he appealed to an adjudicator under regulation 7 of those Regulations against the rejection by the enforcement authority of representations made by him under regulation 4 of those Regulations but —
i
he had no response to the appeal;
ii
the appeal had not been determined by the time that the charge certificate had been served; or
iii
the appeal was determined in his favour; or
d
that he has paid the penalty charge to which the charge certificate relates.
3
Paragraph (4) applies where it appears to a district judge, on the application of a person on whom a charge certificate has been served, that it would be unreasonable in the circumstances of his case to insist on his serving his witness statement within the period of 21 days allowed for by paragraph (1).
4
Where this paragraph applies, the district judge may allow such longer period for service of the witness statement as he considers appropriate.
5
Where a witness statement is served under paragraph (1)(c) —
a
the order of the court shall be deemed to have been revoked;
b
the charge certificate shall be deemed to have been cancelled;
c
in the case of a statement under paragraph (2)(a), the notice to owner to which the charge certificate relates shall be deemed to have been cancelled; and
d
the district judge shall serve written notice of the effect of service of the statement on the person making it and on the enforcement authority concerned.
6
Subject to regulation 20, service of a witness statement under paragraph (2)(a) shall not prevent the enforcement authority from serving a fresh notice to owner.
7
Where a witness statement has been served under paragraph (2)(b), (c) or (d), the enforcement authority shall refer the case to the adjudicator who may give such directions as he considers appropriate and the parties shall comply with those directions.
8
A witness statement under this regulation may be served on the county court by email in accordance with Section I of Practice Direction 5B in Part 5 of the Civil Procedure Rules 1998 .
9
In this regulation —
a
references to a “notice to owner” include a regulation 10 penalty charge notice; and
b
“witness statement” means a statement which is a witness statement for the purposes of the Civil Procedure Rules 1998 and which is supported by a statement of truth in accordance with Part 22 of those Rules.
PART 6 FINANCIAL PROVISIONS
Setting the levels of charges applicable in Greater London
24
1
The functions conferred on the London local authorities by Part 2 of Schedule 9 to the 2004 Act (charges applicable in Greater London) in relation to parking contraventions shall be exercised by those authorities jointly by means of the single joint committee set up in pursuance of regulation 15 (“the Joint Committee”).
2
No person who represents Transport for London on that joint committee shall take any part in any proceedings of the Joint Committee so far as they relate to the discharge by the Joint Committee of functions conferred on the London local authorities by Part 2 of Schedule 9 to the 2004 Act.
3
Any arrangements in force immediately before the coming into force of these Regulations for the discharge of functions under sections 74 and 74A of the Road Traffic Act 1991 by means of the joint committee set up under section 73 of that Act shall continue in force and have effect as if made under this regulation, until such time as they are varied or replaced.
Modification of section 55 of the Road Traffic Regulation Act 1984
25
1
Section 55 of the Road Traffic Regulation Act 1984 shall apply to enforcement authorities subject to the following modifications.
2
For subsection (1) there shall be substituted —
1
An enforcement authority which is a London authority shall keep an account of —
a
their income and expenditure under this Part of this Act in respect of designated parking places;
b
their income and expenditure as an enforcement authority in relation to parking contraventions within paragraph 2 of Schedule 7 to the 2004 Act (parking places); and
c
their income and expenditure as an enforcement authority in relation to parking contraventions within paragraph 3 of that Schedule (other parking matters).
1A
An enforcement authority which is not a London authority shall keep an account of —
a
their income and expenditure under this Part of this Act in respect of designated parking places in their area which are not in a civil enforcement area for parking contraventions;
b
their income and expenditure under this Part of this Act in respect of designated parking places in their area which are in a civil enforcement area for parking contraventions; and
c
their income and expenditure as an enforcement authority in relation to parking contraventions within paragraph 4 of Schedule 7 to the 2004 Act (contraventions outside London).
3
After subsection (3A) there shall be inserted —
3ZA
An enforcement authority which is a London authority shall, after each financial year, send a copy of the account kept by them under subsection (1) to the Mayor of London.
3ZB
A copy of an account required to be sent under subsection (3ZA) shall be sent as soon as is reasonably practicable after the conclusion of the audit of the authority’s accounts for the financial year in question.
4
In subsection (10) before the definition of “London authority” there shall be inserted —
“the 2004 Act” means the Traffic Management Act 2004;
“enforcement authority” means an authority which is an enforcement authority for the purposes of paragraph 1(2), 2(5) or 8(5) of Schedule 8 to the 2004 Act (parking contraventions);
.
5
After subsection (10) there shall be inserted the following subsections —
11
A reference in this section to the income and expenditure of an authority as an enforcement authority is to their income and expenditure in connection with their functions under Part 6 of the 2004 Act (civil enforcement).
12
A reference in this section to a civil enforcement area for parking contraventions is to be construed in accordance with Schedule 8 to the 2004 Act.
Surpluses to be carried forward
26
Where, immediately before the coming into force of these Regulations there is a surplus in an account which is —
a
kept under section 55 of the Road Traffic Regulation Act 1984 as modified in relation to that authority by an order made under Schedule 3 to the Road Traffic Act 1991 ; and
b
kept by a local authority which is not a London authority,
the surplus shall be carried forward and treated as a surplus arising under section 55 as it is modified by regulation 25.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
10th December 2007
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State
Department for Transport
10th December 2007


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Electoral Administration Act 2006 (Commencement No. 4 and Transitional Provision) Order 2007.
2
In this Order “ the Act ” means the Electoral Administration Act 2006.
Commencement of section 58 of the Act
2
Section 58 of the Act shall come into force on 30th June 2007.
Transitional provision
3
The requirement in section 69(2)(aa) of the Political Parties, Elections and Referendums Act 2000 (as inserted by section 58 of the Act) does not apply to donations reported to the Electoral Commission before 1st April 2007.
Signed by authority of the Secretary of State
Bridget Prentice
Parliamentary Under-Secretary of State
Ministry of Justice
26th June 2007


text:
Citation and commencement
1
These Regulations may be cited as the Water Industry (Prescribed Conditions) (Amendment) Regulations 2007 and come into force on 1st October 2007.
Amendment of the Water Industry (Prescribed Conditions) Regulations 1999
2
1
The Water Industry (Prescribed Conditions) Regulations 1999 are amended as follows.
2
In regulation 2, omit the word “and” after the semi-colon at the end of paragraph (b).
3
At the end of regulation 2, add —
; and
d
the premises are not —
i
in an area which has been determined by the Secretary of State to be an area of serious water stress for the purposes of these Regulations under regulation 4; and
ii
subject to a programme for the fixing of charges by reference to volume, as specified in the water resources management plan of the relevant water undertaker published under section 37B(8)(a) of the Water Industry Act 1991
.
4
After regulation 3, insert —
Areas of serious water stress
4
1
The Secretary of State may, after consulting the Environment Agency, determine the whole or any part of a water undertaker’s area to be an area of serious water stress for the purposes of these Regulations, where the Secretary of State considers that —
a
the current household demand for water in that area is a high proportion of the current effective rainfall which is available to meet that demand; or
b
the future household demand for water in that area is likely to be a high proportion of the effective rainfall which is likely to be available to meet that demand.
2
The Secretary of State may revoke or modify any determination under paragraph (1) at any time.
3
But any revocation or modification under paragraph (2) shall not have the effect that the condition in regulation 2(d) is satisfied in relation to premises that previously fell outside the scope of that condition.
.
Phil Woolas
Minister of State,
Department for Environment, Food and Rural Affairs
16th August 2007


text:
Citation, commencement and extent
1
1
This Order may be cited as the Regulatory Reform (Game) Order 2007 and comes into force on 1st August 2007.
2
This Order extends to England and Wales only.
Game Licences
2
In the Game Act 1831 the following are repealed —
a
sections 5 (saving as to existing laws requiring game certificates) and 6 (every person holding a certificate may kill and take game, etc. );
b
in section 7 (under existing leases the landlord shall have the game except in certain cases), the words “who shall have obtained an annual game certificate”;
c
in section 10 (this Act not to give interest in game to owners of cattlegates or rights of common, etc.), the words “who shall have obtained an annual game certificate”;
d
in section 11 (landlords who have reserved the game may authorize others to kill it), the words “who shall have obtained an annual game certificate”;
e
in section 13 (lords of manors may appoint gamekeepers to act within limits of manors etc.), the words from “, and to authorize” to the end;
f
in section 15 (regulations respecting appointment of gamekeepers in Wales), the words from “; and it shall be lawful” to the end;
g
sections 17 (persons holding certificates may sell game to licensed dealers, etc.) and 18 (justices to hold a special session yearly for granting licences to persons to deal in game, etc.);
h
sections 21 to 23 (which contain further provisions relating to licences and certificates); and
i
sections 25 to 29 (which contain provisions relating to licences and the consequences of persons not having licences or game certificates).
3
The Game Licences Act 1860 is repealed.
Sale of Game
4
Section 4 of the Game Act 1831 (penalty on dealers in game buying, selling or possessing birds of game after 10 days after expiration of season for killing, etc.) is repealed.
5
After section 3 of the Game Act 1831 (penalty for killing or taking game on certain days and during certain seasons, etc.) insert —
Sale of birds of game
3A
1
If any person —
a
sells or offers or exposes for sale, or
b
has in his possession or transports for the purposes of sale,
any bird of game to which this subsection applies, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.
2
Subsection (1) applies to any bird of game —
a
which has been taken or killed in circumstances which constitute an offence under any of —
i
the Night Poaching Act 1828 ;
ii
this Act ;
iii
the Poaching Prevention Act 1862 ; or
iv
Part 1 of the Wildlife and Countryside Act 1981 (wildlife); and
b
which the person concerned knows or has reason to believe has been so taken or killed.
.
Consequential repeals, revocations and amendments
6
The Schedule (which contains consequential repeals, revocations and amendments) has effect.
Joan Ruddock
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
12th July 2007


text:
1
This Order may be cited as the Value Added Tax (Amendment of section 77A of the Value Added Tax Act 1994) Order 2007 and comes into force on 1st May 2007.
2
In section 77A(1) of the Value Added Tax Act 1994 (joint and several liability of traders in supply chain where tax unpaid) —
a
in the opening words for “of any” substitute “which fall within any one or more”; and
b
for paragraphs (a) and (b) substitute —
a
any equipment made or adapted for use as a telephone and any other equipment made or adapted for use in connection with telephones or telecommunication;
b
any equipment made or adapted for use as a computer and any other equipment made or adapted for use in connection with computers or computer systems (including, in particular, positional determination devices for use with satellite navigation systems);
c
any other electronic equipment made or adapted for use by individuals for the purposes of leisure, amusement or entertainment and any other equipment made or adapted for use in connection with any such electronic equipment;
and in this subsection “other equipment” includes parts, accessories and software.
.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
21st March 2007


text:
Citation, commencement, cessation and extent
1
1
These Regulations may be cited as the Community Drivers’ Hours and Working Time (Foot-and-Mouth Disease) (Temporary Exception) Regulations 2007, shall come into force on 6 th October 2007 and shall cease to have effect on 5 th November 2007.
2
These Regulations extend to Great Britain only.
Interpretation
2
1
In these Regulations —
“the circumstances” means the exceptional circumstances arising as a consequence of restrictions on movements of pigs, cattle and sheep imposed as a result of the outbreaks of foot-and-mouth disease in Great Britain;
“the Community Drivers’ Hours Regulation” means Regulation ( EC ) No 561/2006 of 15 th March 2006 of the European Parliament and of the Council ;
“driver” and “driving time” have the same meaning as in the Community Drivers’ Hours Regulation;
“goods vehicle” and “mobile worker” have the same meaning as in the Road Transport (Working Time) Regulations 2005 ;
“the specified purpose” means the purpose of moving pigs, cattle and sheep in connection with meeting the circumstances or alleviating their effects; and
“week” has the same meaning as in the Community Drivers’ Hours Regulation.
2
For the purposes of these Regulations, a driver will be taken to be engaged in driving or travelling in a goods vehicle mainly for the specified purpose if more than half his combined driving and travelling time is so spent during–
a
the period beginning on the date these Regulations come into force and ending on 8 th October, or
b
any week thereafter.
Temporary exception
3
Pursuant to Article 14(2) of the Community Drivers’ Hours Regulation, where a driver is engaged in driving a goods vehicle wholly or mainly for the specified purpose, the Community Drivers’ Hours Regulation shall have effect as if —
a
in Article 6(1), for “nine hours” there were substituted “ten hours” and the second sentence of that paragraph were deleted;
b
Article 6(2) and (3) did not apply;
c
in Article 8(6), first indent, for “two regular weekly rest periods” there were substituted “two weekly rest periods each of at least 24 consecutive hours” and the second indent were deleted; and
d
in Article 8(8) the word “reduced” were deleted.
4
In relation to a mobile worker who is a driver engaged in driving or travelling in goods vehicles wholly or mainly for the specified purpose —
a
the Road Transport (Working Time) Regulations 2005 shall have effect as if in regulation 4(1), “66 hours” were substituted for “60 hours”; and
b
in calculating average working time for the purposes of regulation 4(2) of those Regulations, the first six hours spent driving a goods vehicle for the specified purpose during any week or part of a week shall be disregarded.
Signed by authority of the Secretary of State for Transport
Jim Fizpatrick
Parliamentary Under-Secretary of State
Department for Transport
4th October 2007


text:
Citation and commencement
1
This Order —
a
may be cited as the Avian Influenza (H5N1) (Miscellaneous Amendments) Order 2007; and
b
comes into force on 23rd November 2007.
Amendment
2
1
After article 14(2)(j) of the Avian Influenza (H5N1 in Poultry) (England) Order 2006 insert —
ja
raw petfood, within the meaning of paragraph 48 of Annex I to Regulation ( EC ) No. 1774/2002 , which complies with the requirements in Part B of Chapter II of Annex VIII to that Regulation;
.
2
After paragraph 13(2)(j) of Schedule 1 to the Avian Influenza (H5N1 in Wild Birds) Order 2006 insert —
ja
raw petfood, within the meaning of paragraph 48 of Annex I to Regulation (EC) No. 1774/2002 , which complies with the requirements in Part B of Chapter II of Annex VIII to that Regulation;
.
Jonathan Shaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
22nd November 2007


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Public Health (Aircraft) (Amendment) (England) Regulations 2007 and shall come into force on 15th June 2007.
2
These Regulations apply in relation to England only.
3
In these Regulations “the principal Regulations ” means the Public Health (Aircraft) Regulations 1979 .
Amendment of regulation 2 of the principal Regulations
2
1
In regulation 2(1) of the principal Regulations (interpretation) —
a
in the definition of “additional measures”, for “the diseases subject to the International Health Regulations” substitute —
plague, cholera, yellow fever or smallpox
;
b
for the definition of “aerodrome” substitute —
“aerodrome” means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft and includes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically, but shall not include any area the use of which for affording facilities for the landing and departure of aircraft has been abandoned and has not been resumed;
;
c
in the definition of “authorised officer” omit —
as described by paragraph 13 of Schedule 14 of the Local Government Act 1972,
;
d
for the definition of “customs officer” substitute —
“customs officer” means an officer of Revenue and Customs;
;
e
in the definition of “infected aircraft”, for sub-paragraph (a) substitute —
a
an aircraft which has on board on arrival a case of plague, cholera, yellow fever, smallpox, rabies or viral haemorrhagic fever; or
;
f
for the definition of “infected person”, substitute —
“infected person” means a person who is suffering from plague, cholera, yellow fever or smallpox or who is considered by the medical officer to be infected with one of the diseases or with some other infectious or contagious disease other than venereal disease or tuberculosis;
;
g
for the definition of “infectious disease” substitute —
“infectious disease” means any infectious or contagious disease other than venereal disease or tuberculosis;
;
h
for the definition of “Secretary of State” substitute —
“Secretary of State” means the Secretary of State for Health;
;
i
the following definitions are inserted in the correct alphabetical order —
“competent authority” means a competent authority identified in accordance with Article 19 of the IHR (general obligations) and with a role as described at Article 22 of the IHR (role of competent authorities);”;
“Health Part of the General Aircraft Declaration” means a declaration containing the information specified in Schedule 1, being a part of the Aircraft General Declaration reproduced at Annex 9 to the IHR to be completed and delivered in accordance with Article 38 of the IHR;”;
“IHR” means the International Health Regulations (2005) of the WHO adopted by the fifty-eighth World Health Assembly on 23rd May 2005;”;
“National IHR Focal Point” means the body designated by the United Kingdom for communications with WHO IHR Contact Point under the IHR;”;
“postal parcel” means an addressed article or package carried internationally by postal or courier services;
“WHO IHR Contact Point” means the unit within WHO accessible for communications with the National IHR Focal Point;”;
“World Health Assembly” has the meaning set out in the Constitution of the World Health Organization adopted by the International Health Conference held in New York from 19th June to 22nd July 1946 and signed on 22nd July 1946;”;
“WHO” means the World Health Organization, a specialized agency within the terms of Article 57 of the Charter of the United Nations, established by the Constitution of the World Health Organization.
; and
j
omit the definitions of “Aircraft Declaration of Health”, “diseases subject to the International Health Regulations”, “epidemic”, “excepted airport”, “infected area”, “International Health Regulations”, “national airport”, “sanitary airport” and “valid International Vaccination Certificate”.
2
Omit regulation 2(2).
Amendment of regulation 4 of the principal Regulations
3
1
Omit regulation 4(1)(a) and (3) of the principal Regulations (enforcement and execution of regulations).
2
In paragraph (4) of regulation 4, the first time the word occurs, omit —
other
.
Amendment of regulation 5 of the principal Regulations
4
In regulation 5(f) of the principal Regulations (appointment and duties of authorised officers and provisions of services by responsible authorities), for “a sanitary airport” substitute “a customs airport where such facilities are likely to be needed”.
Omission of regulation 6 of the principal Regulations
5
Omit regulation 6 of the principal Regulations (list of infected areas).
Amendment of regulation 7 of the principal Regulations
6
For regulation 7(4) of the principal Regulations (inspection of aircraft), substitute —
4
The inspection of an aircraft under paragraph (1) or (2) may include taking from the aircraft samples of food or water for analysis or examination.
5
The analysis or examination under paragraph (4) must be —
a
with a view to the treatment of persons affected with any epidemic, endemic or infectious disease and for preventing the spread of such diseases; or
b
for preventing other danger to public health.
.
Amendment of regulation 8 of the principal Regulations
7
1
In regulation 8(2) of the principal Regulations (examination, etc. , of persons on aircraft), insert “or other danger to public health” after “infection” in —
a
sub-paragraph (c); and
b
sub-paragraph (d), in both places where it appears.
2
Omit paragraphs (3) to (5) of regulation 8 of the principal Regulations.
Amendment of regulation 11 of the principal Regulations
8
For regulation 11(1)(b) of the principal Regulations (supply of information, etc., by commanders), substitute —
b
in addition to any message sent under regulation 12 —
i
notify immediately on arrival to an authorised officer any death on the aircraft during its voyage caused by —
aa
any case of infectious disease or tuberculosis on the aircraft; or
bb
any circumstances on board which are likely to cause the spread of infectious disease or tuberculosis, or other danger to public health;
ii
include in his notification under sub-paragraph (i) particulars as to the presence or suspected presence on board of any animals or captive birds of any species;
.
Amendment of regulation 12 of the principal Regulations
9
1
Regulation 12 of the principal Regulations (notification of infectious disease, etc., on board) is amended in accordance with this regulation.
2
For paragraph (1), substitute —
1
Where a member of the crew of an aircraft becomes aware of an event described in paragraph (1A), he shall report it to the commander of the aircraft.
1A
The event referred to in paragraph (1) is that there is on board the aircraft during a flight a person who —
a
is suffering from an infectious disease or tuberculosis; or
b
has symptoms which may indicate the presence of an infectious disease, tuberculosis or other danger to public health.
1B
Immediately following a report under paragraph (1) the commander of the aircraft shall send a radio message or other communication about the event to one of the persons identified in paragraph (1C) at the first customs airport at which the aircraft is due to land.
1C
The persons referred to at paragraph (1B) are —
a
the authorised officer;
b
the manager of the airport; or
c
the owner of the airport.
.
3
After the words “radio message” in paragraphs (2) and (3), insert —
or other communication
.
4
Omit sub-paragraph (4)(a).
5
For paragraph (6), substitute —
6
The medical officer may require the commander of an aircraft to complete the Health Part of the Aircraft General Declaration in the form set out in Schedule 1.
.
6
In paragraph (7), for “Aircraft Declaration of Health” substitute —
Health Part of the Aircraft General Declaration
.
Amendment of regulation 13 of the principal Regulations
10
1
Regulation 13 of the principal Regulations (deratting and disinfection of aircraft) is amended in accordance with this regulation.
2
In paragraph (1), omit “in such manner as he may determine”.
3
In paragraph (2), omit “in such manner as the officer may determine”.
4
After paragraph (3), insert —
3A
An authorised officer must ensure that a measure he requires under paragraph (1) or (2) consists of methods or materials advised by WHO, unless the authorised officer determines that other measures are as safe and reliable.
3B
An authorised officer under paragraph (1) or (2) may require additional health measures to be applied for preventing danger to public health or the spread of infection in accordance with Article 43 of the IHR (additional health measures), including isolation of the aircraft.
3C
The responsible authority must report the application of any such additional health measures to the National IHR Focal Point.
.
Amendment of regulation 14 of the principal Regulations
11
In regulation 14(1) of the principal Regulations (detention of aircraft), for “a disease subject to the International Health Regulations” substitute “plague, cholera, yellow fever or smallpox”.
Amendment of regulation 16 of the principal Regulations
12
For regulation 16(b) of the principal Regulations (detention of aircraft) substitute —
b
the aircraft has been in an area infected with plague, cholera, yellow fever or smallpox; or
.
Amendment of regulation 17 of the principal Regulations
13
In regulation 17 of the principal Regulations (detention of aircraft), for the proviso substitute —
Provided that nothing in this regulation shall affect the power of the authorised officer to isolate an aircraft under regulation 13 or of the medical officer to continue the detention of an aircraft under regulation 18.
.
Amendment of regulation 20 of the principal Regulations
14
For regulation 20(a) of the principal Regulations (persons from infected areas), substitute —
a
any person disembarking from the aircraft who has come from an area infected with cholera, smallpox or viral haemorrhagic fever; and.
.
Substitution of regulation 21 of the principal Regulations
15
For regulation 21 (removal of infected persons from aircraft when required by commander), substitute —
Removal of infected persons from aircraft when required by commander
21
1
A commander of an aircraft on arrival at a customs airport may require the medical officer to cause to be removed from the aircraft —
a
any infected person, or
b
any person suffering from tuberculosis.
2
The medical officer shall carry out any requirement of a commander under paragraph (1).
.
Substitution of regulation 22 of the principal Regulations
16
For regulation 22 of the principal Regulations (removal to sanitary airport), substitute —
Removal to airport able to apply measures
22
1
Where —
a
an authorised officer considers that there should be applied to an aircraft which alights at an airport or to any person carried on such an aircraft measures under these Regulations; and
b
that airport is not able to apply the measures,
he may direct that the aircraft or the person proceed to a customs airport that is able to apply the measures.
2
Where an authorised officer gives a direction under paragraph (1), he shall give the commander of the aircraft concerned notice in writing of the direction which shall include the reasons for the direction.
.
Amendment of regulation 25 of the principal Regulations
17
1
For regulation 25(1)(c) of the principal Regulations (aircraft alighting elsewhere than at a customs airport), substitute —
c
these Regulations shall apply as if the aircraft had alighted at a customs airport except that —
i
in the case of conflict between any provision of the Regulations and the provisions of sub-paragraph (a) or (b), sub-paragraph (a) or (b) shall prevail;
ii
a police officer or customs officer may nevertheless require the aircraft, or persons carried on the aircraft, or the stores, equipment or cargo of the aircraft to proceed or to be taken to a customs airport;
iii
the Regulations shall be modified as necessary to enable their application in the circumstances described in this regulation.
.
Amendment of regulation 26 of the principal Regulations
18
In regulation 26 of the principal Regulations (saving for certain aircraft) —
a
in sub-paragraph (c), for “regulations 7, 8(1) (2) (3) and (5), 9, 14(1), 18(2), 20, 21, 22 and 23” substitute —
regulations 7, 8(1) and (2), 9, 14(1), 18(2), 20, 21 and 23
;
b
in sub-paragraph (d), for “regulations 8(3) and (4) and 16” substitute “regulation 16”.
Amendment of regulation 27 of the principal Regulations
19
In regulation 27(a) of the principal Regulations (examination, etc., of persons proposing to embark) —
a
in paragraph (a), for “a disease subject to the International Health Regulations” substitute —
plague, cholera, yellow fever or smallpox
; and
b
in each of paragraphs (c) and (d), for “health authority” substitute “competent authority”.
Amendment of regulation 28 of the principal Regulations
20
In regulation 28 of the principal Regulations (examination, etc., of persons proposing to embark) omit —
disease subject to the International Health Regulations or with any other
.
Amendment of regulation 30 of the principal Regulations
21
For regulation 30(2) of the principal Regulations (surveillance) substitute —
2
Where a person has been placed under surveillance for plague, cholera, smallpox or viral haemorrhagic fever under regulation 20 by reason of his having come from an area infected with such a disease, the period shall be reckoned from the date of his leaving the area.
.
Substitution of regulation 32 of the principal Regulations
22
For regulation 32 of the principal Regulations (charges for services), substitute —
Charges for services
32
1
The commander of an aircraft may request a responsible authority to cause to be applied measures he is required to apply under these Regulations.
2
A responsible authority may charge the commander of an aircraft for a service to apply measures described in paragraph (1) in so far as the service is for preventing —
a
danger to public health from an aircraft arriving or
b
the spread of infection from an aircraft leaving an airport where international flights arrive or depart.
3
A charge for a service under paragraph (2) —
a
must not exceed the actual cost of the service rendered;
b
must be —
i
published at least ten days in advance of being levied;
ii
described sufficiently that a commander of an aircraft is reasonably informed of the likely amount of the charge; and
c
must not be discriminatory, in particular —
i
must not be levied so as to make a distinction based on the nationality, registry or ownership of the aircraft or containers, cargo, baggage, goods or postal parcels concerned; and
ii
must not distinguish between national and foreign aircraft or containers, cargo, baggage, goods or postal parcels.
4
A responsible authority may require the whole or part of the amount of a charge for a service under paragraph (2) to be paid or deposited with them before the service is performed.
5
At the request of the commander, a responsible authority must provide the commander of the aircraft with particulars in writing free of charge of —
a
measures taken for which a charge under paragraph (2) is made, and
b
the reasons why the measures were taken.
6
At the request of a person in relation to whom measures have been taken, or of a person in possession of articles in relation to which measures have been taken, an authorised officer must provide particulars in writing free of charge of the measures taken for which a charge under paragraph (2) is made.
7
Particulars under paragraph (6) shall include the date on which the measures were taken.
.
Omission of regulation 35 of the principal Regulations
23
Omit regulation 35 of the principal Regulations (saving for mails).
Amendment of regulation 37 of the principal Regulations
24
In regulation 37 of the principal Regulations (saving for existing enactments), for “Article 76 of the Air Navigation Order 1976” substitute —
Article 136 of the Air Navigation Order 2005 (Customs and Excise aerodromes)
.
Amendment of Schedule 1 to the principal Regulations
25
In Schedule 1 to the principal Regulations (Aircraft Declaration of Health), for the heading substitute —
SCHEDULE 1
Health Part of the Aircraft General Declaration
.
Amendment of Schedule 2 to the principal Regulations
26
1
Schedule 2 to the principal Regulations (additional measures with respect to diseases subject to the International Health Regulations) shall be amended as follows.
2
For the heading to Schedule 2 substitute “Additional Measures with respect to some Diseases”.
3
At the beginning, for “Regulations 2(1), 8(5), 23” substitute “Regulations 2(1) and 23”.
4
In Part I (plague) —
a
for subheading “B. Aircraft which have been in infected areas” substitute —
B. Aircraft which have been in areas infected with plague
;
b
in paragraph (3), for “infected area” substitute “area infected with plague”.
5
In Part III (yellow fever), in the subheading, for “infected areas” substitute “areas infected with yellow fever”.
6
In Part IV (smallpox) —
a
omit “regulation 8(5)”; and
b
under subheading A (infected aircraft), in paragraph (1), omit “or who does not satisfy the medical officer that he possesses a valid International Vaccination Certificate”.
Omission of Schedule 3 to the principal Regulations
27
Omit Schedule 3 to the principal Regulations (International Certificate of Vaccination or Revaccination Against Smallpox).
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State
Department of Health
14th May 2007
We consent
Paul Gray
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
11th May 2007


text:
Citation and commencement
1
This Order may be cited as the Offshore Installations (Safety Zones) (No.2) Order 2007 and shall come into force on 16th April 2007.
Establishment of safety zones
2
A safety zone is established around each installation specified in column 1 of the Schedule (being an installation stationed in waters to which subsection (7) of section 21 of the Petroleum Act 1987 applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by the authority of the Secretary of State for Work and Pensions.
Bill McKenzie
Parliamentary Under Secretary of State,
Department for Work and Pensions
26th March 2007


text:
Citation and commencement
1
These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) (Amendment) Regulations 2007 and shall come into force on 1st April 2007.
Increases in fees
2
In regulation 3 of the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) Regulations 1986 for “£311” there shall be substituted “£328” and for “£127” there shall be substituted “£134”.
Signed by authority of the Secretary of State
S.J. Ladyman
Minister of State
Department for Transport
21st February 2007
We consent to the making of these Regulations
Frank Roy
Claire Ward
28th February 2007
Two of the Lords Commissioners of Her Majesty’s Treasury


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) Regulations 2007 and come into force on 1st March 2007.
2
The Value Added Tax Regulations 1995 are amended as follows.
3
For regulation 170A substitute —
170A
1
This regulation applies where —
a
the claimant made a supply of goods and, in connection with that supply, a supply of credit;
b
those supplies were made under a hire purchase, conditional sale or credit sale agreement; and
c
a payment is received in relation to those supplies (other than a payment of an amount upon which interest is not charged).
2
Where the supply of goods was made before 1st September 2006 the payment shall be attributed in accordance with the rule set out in paragraph (5).
3
Where the supply of goods was made on or after 1st September 2006 and before 1st September 2007 the payment may be attributed in accordance with the rule set out in paragraph (5) or (6).
4
Where the supply of goods was made on or after 1st September 2007 the payment shall be attributed in accordance with the rule set out in paragraph (6).
5
Where this paragraph applies, the payment shall be attributed —
a
as to the amount obtained by multiplying it by the fraction
A
B
, to the supply of credit; and
b
as to the balance, to the supply of goods,
where —
A is the total of the interest on the credit provided under the agreement under which the supplies are made (determined as at the date of the making of the agreement); and
B is the total amount payable under the agreement, less any amount upon which interest is not charged.
6
Where this paragraph applies, the payment shall be attributed —
a
in respect of payments made on or before termination of the agreement,
i
as to the amount obtained by multiplying it by the fraction
A
B
, to the supply of credit; and
ii
as to the balance, to the supply of goods,
where —
A is the total of the interest on the credit provided under the agreement, less any rebate of interest granted, less any interest attributable to any unpaid instalments prior to the termination; and
B is the total amount payable under the agreement being the total of A plus the total for the goods.
“Total for the goods” means the amount due for the goods under the agreement, less any reduction as a consequence of termination, less any amount upon which interest is not charged, less any part of the total due for the goods which is unpaid at the time of termination.
b
in respect of payments made after termination of the agreement, between the supply of goods and the supply of credit according to the proportion of the balances due at the time the payment is made.
7
Where an agreement provides for a variation of the rate of interest after the date of the making of the agreement then, for the purposes of the calculation in paragraph (5), it shall be assumed that the rate is not varied.
.
4
For regulation 171(1) substitute —
171 — Where a claimant —
a
has received a refund upon a claim, and
b
either —
i
a payment for the relevant supply is subsequently received, or
ii
a payment is, by virtue of regulation 170 or 170A, treated as attributed to the relevant supply, or
iii
the consideration for any relevant supply upon which the claim to refund is based is reduced after the claim is made,
he shall repay to the Commissioners such an amount as equals the amount of the refund, or the balance thereof, multiplied by a fraction of which the numerator is the amount so received or attributed, and the denominator is the amount of the outstanding consideration, or such an amount as is equal to the negative entry made in the VAT allowable portion of his VAT account as provided for in regulation 38.
.
5
In regulation 172J for “170A” substitute “170A(5)”.
Paul Gray
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
7th February 2007


text:
Citation and commencement
1
This Order may be cited as the Medical Act 1983 (Qualifying Examinations) Order 2007 and shall come into force on 6th June 2007.
Addition of new bodies to the list of bodies entitled to hold qualifying examinations
2
In section 4 of the Medical Act 1983 (qualifying examinations and primary United Kingdom qualifications), in subsection (2), after paragraph (aa) insert —
ab
the University of Warwick;
ac
Cardiff University;
ad
the University of East Anglia;
ae
a combination of the University of Exeter and the University of Plymouth;
.
Christine Cook
Deputy Clerk of the Privy Council


text:
Citation, commencement and application
1
These Regulations may be cited as the Education (Individual Pupil Information) (Prescribed Persons) (Amendment) Regulations 2007 and come into force on 1st September 2007.
2
These Regulations apply to individual pupil information relating to pupils at schools in England only.
Amendment
3
1
Regulation 3 (Prescribed persons) of the Education (Individual Pupil Information) (Prescribed Persons) Regulations 1999 is amended as follows.
2
in paragraph (4) —
a
in sub-paragraph (b), omit the word “General”;
b
after “(n) the Welsh Joint Education Committee” insert the following —
o
the Secretary of State for Work and Pensions;
p
the Secretary of State for Innovation, Universities and Skills;
q
the Student Loan Company Limited;
r
the University and Colleges Admissions Service ;
s
the Higher Education Statistics Agency ;
t
Ufi Limited ;
u
any person with whom the Secretary of State has made arrangements under section 114(2) of the Learning and Skills Act 2000 ;
u
any person who, either alone or jointly with others, awards or authenticates any qualification accredited by the Qualifications and Curriculum Authority .
.
3
for paragraph (5) substitute the following paragraph —
5
The categories referred to in paragraphs (1)(b), (2)(b) and (2A)(b) are —
a
institutions within the further education sector;
b
Primary Care Trusts ;
c
work-based learning providers;
d
persons conducting research into the educational achievements of pupils and who require individual pupil information for that purpose;
e
learning providers registered with the UK Register of Learning Providers ;
f
institutions within the higher education sector.
.
Jim Knight
Minister of State
Department for Children, Schools and Families
17th July 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2007 and shall come into force on 20th July 2007.
2
These Regulations apply in relation to the display of advertisements on sites in England only.
Amendment of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007
2
The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 are amended —
a
in Schedule 3 (classes of advertisement for which deemed consent is granted), in Part 1 (specified classes and conditions), in Class 5 (other advertisements on business premises), by the substitution for condition (6) of the following —
6
The area of an advertisement consisting of a single placard or poster shall not exceed 1.55 square metres.
; and
b
in Schedule 4 (modifications of the Town and Country Planning Act 1990), by the substitution, for Parts 1 and 2 (modifications of section 70A and that section as modified), of the Parts set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Communities and Local Government
Yvette Cooper
Minister of State
Department for Communities and Local Government
15th June 2007


text:
Citation
1
This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 10 and Saving) Order 2007.
Provisions coming into force on 30th June 2007 in relation to Wales
2
The following provisions of the Planning and Compulsory Purchase Act 2004, in so far as not already in force, shall come into force in relation to Wales on 30th June 2007 —
a
section 42(1) and (5) to (9); and
b
Schedule 9 so far as it gives effect to the repeal of section 76 of the Town and Country Planning Act 1990 (duty to draw attention to certain provisions for the benefit of the disabled).
Saving
3
1
Notwithstanding article 2(a), the Town and Country Planning (Applications) Regulations 1988 shall, subject to paragraph (2), continue to have effect on and after 30th June 2007.
2
Regulation 3(3)(a) of the 1988 Regulations (applications for renewal of planning permissions) shall cease to have effect on the date on which section 51(3) of the Planning and Compulsory Purchase Act 2004 (amendment of section 73 of the principal Act) comes into force in relation to Wales.
Signed by the authority of the Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
25th April 2007


text:
Citation and commencement
1
These Regulations may be cited as the Air Force Act 1955 (Part 1) Regulations 2007 and shall come into force on 1st April 2007.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1955 Act ” means the Air Force Act 1955;
“commanding officer” means, in relation to an airman —
where the unit on whose posted strength the airman is borne is, for administrative purposes, serving under the command of the Officer Commanding an RAF Station, that officer; and
in other cases the officer commanding the unit on whose posted strength the airman is borne.
2
Other expressions have the same meaning as in Part 1 of the 1955 Act.
Competent air force authorities
3
1
The officers specified appropriately in the second column of Part 1 of Schedule 1 to these Regulations shall, in pursuance of section 11(3) of the 1955 Act and in addition to the Defence Council and the Air Force Board, be competent air force authorities for the purpose of giving an order authorising the discharge of an airman of the regular air force for the reason stated in the first column of Schedule 1 opposite the officer so specified.
2
In relation to the provisions of the 1955 Act specified in the first column of Part 2 of Schedule 1 to these Regulations and for the purposes specified in the second column of that Part, the officers specified in the third column of that Part shall, in addition to the Defence Council and the Air Force Board and subject to any limitation or restriction as specified, be the competent air force authorities.
3
For the purpose of designating a person on his transfer to the Air Force Reserve as a person to whom paragraph 16 of Schedule 8 to the Reserve Forces Act 1980 applies, in addition to the Defence Council and the Air Force Board, the Air Secretary shall be a competent air force authority.
4
Every reference in this regulation and the said Schedule 1 to a specified officer shall have effect as if it included a reference to any member of the staff of that officer who has been duly authorised by him to act on his behalf. In the case of any Commander-in-Chief any such reference to him as a specified officer shall have effect as if it also included a reference to an Air Officer Commanding a Group or other Formation or, if authorised in writing by any Commander-in-Chief, to a Commanding Officer not below the rank of Group Captain.
Prescribed forms
4
1
The form set out in Schedule 2 to these Regulations or a form substantially to the like effect shall be the prescribed form of notice to be used for the purposes of section 2(1) of the 1955 Act.
2
The form set out in Schedule 3 to these Regulations or a form substantially to the like effect shall be the prescribed form to be used for the purpose of section 9(6) of the 1955 Act.
Enlistment and attestation
5
The following officers, and any officers who have been duly authorised by them to act on their behalf, are authorised to enlist recruits in the regular air force within or without Her Majesty’s dominions —
a
the Air Secretary; and
b
the Commandant RAF College and Director of Recruitment (RAF).
6
The person to whom the attestation paper of a recruit shall be delivered in accordance with the provisions of paragraph 5 of Schedule 1 to the 1955 Act shall be the Air Secretary.
7
A recruit may be finally approved for service only by an officer who, in accordance with regulation 5, is authorised to enlist recruits in the regular air force.
8
All recruits shall be enlisted for general service.
Discharge certificates
9
The particulars to be contained in a certificate of discharge shall be those set out in Schedule 4 to these Regulations.
Restoration of forfeited services
10
1
Where an airman has forfeited the whole or any part of his service an order authorising the restoration of service so forfeited may be made with his consent in writing, either —
a
by his commanding officer —
i
if he is promoted to the rank of sergeant; or
ii
if he has served for a continuous period of eighteen months during which he has not at any time during the said period been undergoing imprisonment, corrective training, detention of any description or field punishment nor forfeited pay under any provision of the 1955 Act nor incurred any adverse entry in his service conduct record and no part of such period includes a term of suspended sentence of imprisonment or detention; provided that service shall be regarded as continuous notwithstanding that it has been broken by such a period or periods; or
b
by the Air Secretary, in consideration of good service or on other grounds justifying the restoration of services forfeited.
2
The consent of an airman to the restoration of his service shall be irrevocable and shall be entered in his record of service.
3
The service to be restored to an airman under this regulation shall be the whole period of service forfeited less the period as respects which he was convicted as being, or confessed to have been, a deserter; provided that where service has been forfeited on more than one occasion by reason of desertion, the service to be restored shall be that forfeited on the last occasion less the period as respects which he was then convicted of being, or confessed to have been, a deserter.
Revocation of Regulations
11
The following instruments are hereby revoked —
a
the Air Force Act 1955 (Part 1) Regulations 2001 ; and
b
the Air Force Act 1955 (Part 1) Regulations 2001 (Amendment) Regulations 2003 .
On behalf of the Defence Council
Derek Twigg
Glen Torpy
Members of the Defence Council
Date 27th February 2007


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2007 and come into force on 1 st August 2007.
2
In these Regulations “the 2001 Regulations ” means the Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001 .
Amendment of the 2001 Regulations
2
1
The 2001 Regulations are amended as follows.
2
In regulation 2(1), replace the definitions of “ Commission Regulation (EC) No. 1622/2000 ”, “ Commission Regulation (EC) No. 1623/2000 ”, “ Commission Regulation (EC) No. 883/2001 ”, “ Commission Regulation (EC) No. 884/2001 ”, “ Commission Regulation (EC) No. 753/2002 ” and “Council Regulation (EC) No. 1493/1999 ” with the following definitions —
“ Commission Regulation (EC) No. 1622/2000 ” means Commission Regulation (EC) No. 1622/2000 laying down certain detailed rules for implementing Regulation (EC) No. 1493/1999 on the common organisation of the market in wine and establishing a Community code on oenological practices and processes, and references in Schedules 2 and 5 to “Regulation 1622/2000” shall be construed accordingly;
;
“ Commission Regulation (EC) No. 1623/2000 ” means Commission Regulation (EC) No. 1623/2000 laying down detailed rules for implementing Regulation (EC) No. 1493/1999 on the common organisation of the market in wine with regard to market mechanisms, and the reference in Part I of Schedule 2 to “Regulation 1623/2000” shall be construed accordingly;
;
“ Commission Regulation (EC) No. 883/2001 ” means Commission Regulation (EC) No. 883/2001 laying down detailed rules for implementing Council Regulation (EC) No. 1493/1999 as regards trade with third countries in products in the wine sector, and the reference in Part V of Schedule 2 to “Regulation 883/2001” shall be construed accordingly;
;
“ Commission Regulation (EC) No. 884/2001 ” means Commission Regulation (EC) No. 884/2001 laying down detailed rules of application concerning the documents accompanying the carriage of wine products and the records to be kept in the wine sector, and the reference in Part I of Schedule 2 to “Regulation 884/2001” shall be construed accordingly;
;
“ Commission Regulation (EC) No. 753/2002 ” means Commission Regulation (EC) No. 753/2002 laying down certain rules for applying Council Regulation (EC) No. 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products;
;
“Council Regulation (EC) No. 1493/1999 ” means Council Regulation (EC) No. 1493/1999 on the common organisation of the market in wine, and references in Schedules 2 and 5 to “Regulation 1493/1999” shall be construed accordingly;
.
3
For Schedule 1, substitute the Schedule set out in the Schedule to these Regulations.
4
In Schedule 3, insert the following entries at the appropriate places —
Name of variety Synonymous name Grape colour Acolon Black Cabernet Sauvignon Black Frühburgunder Pinot Noir Précoce Black Merlot Black
5
In Schedule 5 omit —
a
paragraph 2; and
b
the first sentence of paragraph 7.
6
In Schedule 6 , omit the entry in columns 1 and 2 of the table relating to total dry extract (obtained by densimetry).
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
5th July 2007


text:
Citation and interpretation
1
1
This Order may be cited at the Immigration, Asylum and Nationality Act 2006 (Commencement No. 7) Order 2007.
2
In this Order “the 2006 Act ” means the Immigration, Asylum and Nationality Act 2006.
Commencement
2
The following provisions of the 2006 Act shall come into force on 5th November 2007 —
a
section 15 (penalty for employment of adult subject to immigration control) for the purposes of making an order under subsections (2), (3) and (7);
b
section 16 (objection to penalty for employment of adult subject to immigration control) for the purposes of making an order under subsections (3) and (5);
c
sections 20 (orders) and 25 (interpretation);
d
section 31 (provision of information to immigration officers) for the purposes of making an order under paragraphs 27(2) and 27B of Schedule 2 to the Immigration Act 1971 as amended by that provision;
e
section 32 (passenger and crew information: police powers) for the purposes of making an order under subsection (5)(a);
f
section 36 (duty to share information) for the purposes of making an order under subsection (4);
g
section 37 (information sharing: code of practice) for the purposes of laying a draft code before Parliament and making an order under subsection (2);
h
section 38 (disclosure of information for security purposes) for the purposes of making an order under subsection (4); and
i
section 50(4) and (5) (amendment to nationality and immigration procedure).
3
The following provisions of the 2006 Act shall come into force on 31st December 2007 —
a
sections 34 (offence: failure to provide information), 35 (power of Revenue and Customs to obtain information) and 39 (disclosure to law enforcement agencies);
b
sections 31, 32, 36, 37 and 38 to the extent to which they are not already in force; and
c
in Schedule 3 (repeals) the entry relating to section 27 of the Immigration Act 1971 (offences by persons connected with ships or aircraft or with ports).
Liam Byrne
Minister of State
Home Office
30th October 2007


text:
Citation
1
This Order may be cited as the Slough Islamic School (Designation as having a Religious Character) Order 2007.
Designation of School
2
1
The Slough Islamic School, Wexham Road, Slough, Berkshire, SL2 5JW, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religion in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Muslim.
Sinead O’Sullivan
A Deputy Director in the
Department for Children, Schools and Families
17th December 2007


text:
Citation and commencement
1
This Order, which may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Gwynedd) Order 2007, comes into force on the 1 April 2007.
Interpretation
2
In this Order:
“the 1984 Act ” (“ Deddf 1984 ”) means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” (“ Deddf 1991 ”) means the Road Traffic Act 1991; and
“the parking area” (“ yr ardal barcio ”) means the area designated as a permitted parking area and special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the county of Gwynedd except the entire length of the A55, including its on and off slip roads, within the county.
Designation of permitted parking area and special parking area
4
The National Assembly hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act apply in relation to the parking area and as so applied have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of the 1984 Act
6
The 1984 Act is modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
D. Elis-Thomas
The Presiding Officer of the National Assembly
6 March 2007


text:
1
This Order may be cited as the Emergency Workers (Obstruction) Act 2006 (Commencement) Order 2007.
2
The appointed day for the coming into force of the Emergency Workers (Obstruction) Act 2006 (so far as not already in force) is 20th February 2007.
Gerry Sutcliffe
Parliamentary Under Secretary of State
Home Office
25th January 2007


text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) Regulations 2007 and shall come into force on 1st April 2007.
Preliminary
2
The Goods Vehicles (Plating and Testing) Regulations 1988 shall be amended as follows.
Amendment to regulation 12 (manner of making application for first examinations or periodic tests, and fees)
3
In regulation 12(3), for the Table there shall be substituted the following Table —
Table
Description of vehicle Fee (£)
Motor vehicle with 2 axles 49.00 Motor vehicle with 3 axles 70.00 Motor vehicle with 4 or more axles 91.00 Trailer with 1 axle 24.00 Trailer with 2 axles 36.00 Trailer with 3 or more axles 46.00
Amendment to regulation 16 (fees for re-tests)
4
In regulation 16(1), for the Table there shall be substituted the following Table —
Table
Description of vehicle Fee (£)
Motor vehicle with 2 axles 32.00 Motor vehicle with 3 axles 46.00 Motor vehicle with 4 or more axles 60.00 Trailer with 1 axle 16.00 Trailer with 2 axles 23.00 Trailer with 3 or more axles 31.00
Further amendments relating to fees
5
In the regulations specified in column (1) of the following Table, for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
Table
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
12(4) 32.00 34.00 20.00 21.00 12(4A) 11.00 12.00 16(4) 16.00 17.00 11.00 12.00 16(5) 32.00 34.00 20.00 21.00 16(5A) 11.00 12.00 16(6) 10.00 11.00 25(4) 25.00 26.00 34(1) 22.00 23.00 34(2) 11.00 12.00 37B(2) 22.00 23.00 41(1) 11.00 12.00
Signed by authority of the Secretary of State
S.J Ladyman
Minister of State
Department for Transport
21st February 2007


text:
Citation and commencement
1
This Order may be cited as the Tonnage Tax (Exception of Financial Year 2007) Order 2007 and shall come into force on 1st April 2007.
Prescribed three year period and other definitions
2
For the purposes of this Order —
a
the period prescribed for the purposes of paragraph 22C(1)(a) of Schedule 22 to the Finance Act 2000 (three year period to determine whether the percentage of the tonnage tax fleet which is Community-flagged has not decreased) is the period beginning on 2nd October 2003 and ending on 1st October 2006;
b
“the tonnage tax fleet” means qualifying ships operated by single companies or qualifying companies which are members of a tonnage tax group; and
c
“the percentage of the tonnage tax fleet which is Community-flagged” is —
C F T
T T
× 100
where —
CFT is the aggregate tonnage of qualifying ships registered in one of the Member States’ registers,
TT is the aggregate tonnage of all qualifying ships, and
no qualifying ship is counted more than once in determining an aggregate.
Exception of financial year 2007
3
The financial year 2007 is designated as one in relation to which paragraph 22A of Schedule 22 to the Finance Act 2000 is not to have effect.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 2007


text:
Citation and commencement
1
These Regulations may be cited as the REACH (Appointment of Competent Authorities) Regulations 2007 and come into force on 16th July 2007.
Interpretation
2
In these Regulations —
“competent authority” means any of the authorities referred to in Regulation 3;
“devolved administration” means the Scottish Ministers, the Welsh Ministers or the Northern Ireland Assembly;
“REACH” means EC Regulation 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals ;
“the Welsh Ministers” has the meaning given in section 45(2) of the Government of Wales Act 2006 .
Competent authority
3
1
Subject to paragraph (2), the following is a competent authority —
a
in England, the Secretary of State;
b
in Wales, the Welsh Ministers;
c
in Northern Ireland, the Department of Enterprise, Trade and Investment and the Department of the Environment acting alone or jointly.
2
In relation to matters outside the competence of a devolved administration, the competent authority is the Secretary of State.
Obligations in relation to the United Kingdom
4
An obligation under REACH which requires a competent authority to do any thing in relation to the United Kingdom as a whole must be complied with by —
a
each competent authority in respect of its territory; and
b
in respect of matters outside the competence of a devolved administration, the Secretary of State.
Jeff Rooker
Minster of State
Department for Environment, Food and Rural Affairs
15th June 2007


text:
Citation and commencement
1
These Regulations may be cited as the Service Charges (Summary of Rights and Obligations, and Transitional Provision) (England) Regulations 2007 and shall come into force on the 1st October 2007.
Application
2
1
Subject to regulation 4, these Regulations apply where, on or after 1st October 2007, a demand for payment of a service charge is served in relation to a dwelling .
2
Subject to paragraph (3) these Regulations apply to dwellings in England which are subject to a lease .
3
These Regulations do not apply where —
a
the lease is not a long lease within section 26 of the Landlord and Tenant Act 1985; and
b
the landlord is a local authority, a National Park Authority or a new town corporation.
Form and content of summary of rights and obligations
3
Where these Regulations apply the summary of rights and obligations which must accompany a demand for the payment of a service charge must be legible in a typewritten or printed form of at least 10 point, and must contain —
a
the title “Service Charges – Summary of tenants’ rights and obligations”; and
b
the following statement —
1
This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service charges. Unless a summary is sent to you with a demand, you may withhold the service charge. The summary does not give a full interpretation of the law and if you are in any doubt about your rights and obligations you should seek independent advice.
2
Your lease sets out your obligations to pay service charges to your landlord in addition to your rent. Service charges are amounts payable for services, repairs, maintenance, improvements, insurance or the landlord’s costs of management, to the extent that the costs have been reasonably incurred.
3
You have the right to ask a leasehold valuation tribunal to determine whether you are liable to pay service charges for services, repairs, maintenance, improvements, insurance or management. You may make a request before or after you have paid the service charge. If the tribunal determines that the service charge is payable, the tribunal may also determine —
who should pay the service charge and who it should be paid to;
the amount;
the date it should be paid by; and
how it should be paid.
However, you do not have these rights where —
a matter has been agreed or admitted by you;
a matter has already been, or is to be, referred to arbitration or has been determined by arbitration and you agreed to go to arbitration after the disagreement about the service charge or costs arose; or
a matter has been decided by a court.
4
If your lease allows your landlord to recover costs incurred or that may be incurred in legal proceedings as service charges, you may ask the court or tribunal, before which those proceedings were brought, to rule that your landlord may not do so.
5
Where you seek a determination from a leasehold valuation tribunal, you will have to pay an application fee and, where the matter proceeds to a hearing, a hearing fee, unless you qualify for a waiver or reduction. The total fees payable will not exceed £500, but making an application may incur additional costs, such as professional fees, which you may also have to pay.
6
A leasehold valuation tribunal has the power to award costs, not exceeding £500, against a party to any proceedings where —
it dismisses a matter because it is frivolous, vexatious or an abuse of process; or
it considers a party has acted frivolously, vexatiously, abusively, disruptively or unreasonably.
The Lands Tribunal has similar powers when hearing an appeal against a decision of a leasehold valuation tribunal.
7
If your landlord —
proposes works on a building or any other premises that will cost you or any other tenant more than £250, or
proposes to enter into an agreement for works or services which will last for more than 12 months and will cost you or any other tenant more than £100 in any 12 month accounting period,
your contribution will be limited to these amounts unless your landlord has properly consulted on the proposed works or agreement or a leasehold valuation tribunal has agreed that consultation is not required.
8
You have the right to apply to a leasehold valuation tribunal to ask it to determine whether your lease should be varied on the grounds that it does not make satisfactory provision in respect of the calculation of a service charge payable under the lease.
9
You have the right to write to your landlord to request a written summary of the costs which make up the service charges. The summary must —
cover the last 12 month period used for making up the accounts relating to the service charge ending no later than the date of your request, where the accounts are made up for 12 month periods; or
cover the 12 month period ending with the date of your request, where the accounts are not made up for 12 month periods.
The summary must be given to you within 1 month of your request or 6 months of the end of the period to which the summary relates whichever is the later.
10
You have the right, within 6 months of receiving a written summary of costs, to require the landlord to provide you with reasonable facilities to inspect the accounts, receipts and other documents supporting the summary and for taking copies or extracts from them.
11
You have the right to ask an accountant or surveyor to carry out an audit of the financial management of the premises containing your dwelling, to establish the obligations of your landlord and the extent to which the service charges you pay are being used efficiently. It will depend on your circumstances whether you can exercise this right alone or only with the support of others living in the premises. You are strongly advised to seek independent advice before exercising this right.
12
Your lease may give your landlord a right of re-entry or forfeiture where you have failed to pay charges which are properly due under the lease. However, to exercise this right, the landlord must meet all the legal requirements and obtain a court order. A court order will only be granted if you have admitted you are liable to pay the amount or it is finally determined by a court, tribunal or by arbitration that the amount is due. The court has a wide discretion in granting such an order and it will take into account all the circumstances of the case.
.
Transitional provision
4
The following provisions apply where a demand (“the first demand”) for the payment of service charges was served prior to 1st October 2007 —
a
the requirements of section 21B(3) and (4) of the Landlord and Tenant Act 1985 , as inserted by section 153 of the Act, shall not apply to a further demand for the payment of service charges where the first demand was served before 1st October 2007 in respect of service charges due for payment before 1st October 2007; and
b
section 21B of the Landlord and Tenant Act 1985 shall apply to a further demand for the payment of service charges where the first demand was served before 1st October 2007 in respect of service charges due for payment on or after 1st October 2007.
Signed by authority of the Secretary of State for Communities and Local Government
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
16th April 2007