text:
1
This Order may be cited as the Schedule 5 to the Anti-terrorism, Crime and Security Act 2001 (Modification) Order 2007 and shall come into force on the expiry of 14 days beginning with the day on which it was made.
2
Schedule 5 to the Anti-terrorism, Crime and Security Act 2001 (pathogens and toxins) is modified as follows.
3
In the list of viruses each of the following entries is added at the appropriate place in alphabetical order:
Dobrava/Belgrade virus
Everglades virus
Getah virus
Guanarito virus
Hendra virus (Equine morbillivirus)
Herpes simiae (B virus)
Influenza viruses (pandemic strains)
Kyasanur Forest virus
Louping ill virus
Mayaro virus
Middleburg virus
Mobala virus
Mucambo virus
Murray Valley encephalitis virus
Ndumu virus
Nipah virus
Omsk haemorrhagic fever virus
Polio virus
Powassan virus
Rabies virus
Rocio virus
Sabia virus
Sagiyama virus
Sin Nombre virus
St Louis encephalitis virus
West Nile fever virus.
4
In the list of rickettsiae —
a
the entry in respect of Bartonella quintana (Rochalimea quintana, Rickettsia quintana) is omitted, and
b
there is added at the end of the list the following entry —
Rickettsia typhi (mooseri).
5
In the list of bacteria each of the following entries is added at the appropriate place in alphabetical order:
Brucella canis
Clostridium perfringens
Enterohaemorrhagic Escherichia coli, serotype 0157 and verotoxin producing strains
Multiple-drug resistant Salmonella paratyphi
Mycobacterium tuberculosis
Salmonella paratyphi A, B, C
Shigella boydii
Shigella flexneri.
6
After the list of bacteria there is added the following list:
FUNGI
Cladophialophora bantiana
Cryptococcus neoformans.
7
1
The list of toxins is modified as follows.
2
Each of the following entries is added at the appropriate place in alphabetical order:
Abrin
Modeccin toxin
Staphylococcal enterotoxins
Viscum Album Lectin 1 (Viscumin)
Volkensin toxin.
3
In the entry in respect of Shiga toxin for “toxin” substitute “and shiga–like toxins”.
4
For the entry “Clostridium perfringens toxins” substitute —
Clostridium perfringens epsilon toxin
Clostridium perfringens enterotoxin
.
5
The entries in respect of Aflatoxins, Microcystin (Cyanginosin), Staphylococcus aureus toxins and Verotoxin are omitted.
8
For the Notes there is substituted —
Notes
1
Any reference in this Schedule to a micro-organism includes:
a
intact micro-organisms;
b
micro-organisms which have been genetically modified by any means, but retain the ability to cause serious harm to human health;
c
any nucleic acid deriving from a micro-organism listed in this Schedule (synthetic or naturally derived, contiguous or fragmented, in host chromosomes or in expression vectors) that can encode infectious or replication competent forms of any of the listed micro-organisms;
d
any nucleic acid sequence derived from the micro-organism which when inserted into any other living organism alters or enhances that organism’s ability to cause serious harm to human health.
2
Any reference in this Schedule to a toxin includes:
a
any nucleic acid sequence coding for the toxin, and
b
any genetically modified micro-organism containing any such sequence.
3
Any reference in this Schedule to a toxin excludes any non-toxigenic subunit.
.
Tony McNulty
Minister of State
Home Office
19th March 2007


type: legislation

jurisdiction: UK

text:
Title, application and commencement
1
These Regulations may be cited as the Food Labelling (Declaration of Allergens) (England) Regulations 2007, apply in relation to England only and come into force on 23 rd December 2007.
Amendment of the Food Labelling Regulations 1996
2
1
The Food Labelling Regulations 1996 are amended (in so far as they apply in relation to England) in accordance with paragraphs (2) and (3).
2
In regulation 50 (transitional provision), after paragraph (13) insert the following —
14
In any proceedings for an offence under regulation 44(1)(a) it shall be a defence to prove that —
a
the food concerned was sold before 23 December 2008 or marked or labelled before that date; and
b
the matters constituting the alleged offence would not have constituted an offence under these Regulations if the amendments made by regulation 2(3) of the Food Labelling (Declaration of Allergens) (England) Regulations 2007 had not been in operation when the food was sold.
.
3
In Schedule AA1 (allergenic ingredients) —
a
after paragraph 2 insert “ 2(a) Molluscs”;
b
after paragraph 6 insert “ 6(a) Lupin”.
Signed by authority of the Secretary of State for Health
Dawn Primarolo
Minister of State,
Department of Health
21st November 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2007, and shall come into force on 21st May 2007.
2
These Regulations apply in relation to local authorities in England.
Amendment
2
1
The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 are amended as follows.
2
In paragraph B (licensing and registration functions) of Schedule 1 (functions not to be the responsibility of an authority’s executive) —
a
in column (1), after item 14B insert —
14C. Power to designate officer of a licensing authority as an authorised person for a purpose relating to premises.
;
b
in column (2), in relation to the entry in column (1) for item 14C, insert —
Section 304 of the 2005 Act.
;
c
in column (1), after item 14C insert —
14D. Power to institute criminal proceedings for offences under section 342 of the 2005 Act.
;
d
in column (2), in relation to the entry in column (1) for item 14D, insert —
Section 346 of the 2005 Act.
;
e
in column (1), after item 14D insert —
14E. Power to exchange information.
;
f
in column (2), in relation to the entry in column (1) for item 14E, insert —
Section 350 of the 2005 Act.
;
g
in column (1), after item 14E insert —
14F. Functions relating to the determination of fees for premises licences.
; and
h
in column (2), in relation to the entry in column (1) for item 14F, insert —
The Gambling (Premises Licence Fees) (England and Wales) Regulations 2007 ( S.I. 2007/479 ).
.
Signed by authority of the Secretary of State for Communities and Local Government
Phil Woolas
Minister of State
Department for Communities and Local Government
23rd April 2007


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Approval) (Fees) (Amendment) Regulations 2007 and shall come into force on 1st April 2007.
Preliminary
2
The Motor Vehicles (Approval) (Fees) Regulations 2001 shall be amended as follows.
Increase in fees
3
In the regulations specified in the first column of the Table below, for the fee specified opposite that regulation in the second column, there shall be substituted the fee specified opposite that regulation in the third column.
Table
(1) (2) (3) Regulation Existing fee (£) Substituted fee (£)
4(1)(a) 150 158 4(1)(b) 60 63 4(1)(c) 190 200 4(1)(d) 180 190 4(1)(e) 100 106 4(1)(f) 90 95 4(2)(a) 60 63 4(2)(b) 100 106 4(2)(c) 90 95 4(3)(a)(i) 75 79 4(3)(a)(ii) 25 26 4(3)(b) 20 21 4(4) 50 53 5(1)(a) 30 32 5(1)(b) 15 16 5(2)(a) 15 16 9 10 11
Amendment of regulation 4 (fees - application for Minister’s approval certificate)
4
In regulation 4(2), for “the condition specified in regulation 5(8)(c)” substitute “regulation 5(8A)”.
Amendment of regulation (fees - appeals)
5
For regulation 7, there shall be substituted —
7
1
Subject to paragraphs (2) to (4), the fee prescribed for the purposes of regulation 9(2) of the Approval Regulations in respect of an appeal is the same amount as the fee payable under regulation 4(1).
2
Subject to paragraphs (3) and (4), where regulation 5(8A) of the Approval Regulations applies, the fee prescribed for the purposes of regulation 9(2) of the Approval Regulations in respect of an appeal is the same amount as the fee payable under regulation 4(2).
3
Subject to paragraph (4), where the time appointed for the re-examination of a vehicle for the purposes of such an appeal is, at the applicant’s request, out of hours —
a
the fee prescribed by paragraph (1) or (2) shall be increased by the same amount as the amount payable under regulation 4(3); and
b
such additional amount is payable before the re-examination is carried out.
4
Where an appeal is refused by virtue of regulation 10 of the Approval Regulations, the fee prescribed for the purposes of regulation 9(2) of those Regulations shall be the same amount as the fee payable under regulation 4(1) or (2) and the balance, if any, of any sum previously paid in respect of that fee shall be repaid to the applicant.
.
Signed by authority of the Secretary of State
S.J Ladyman
Minister of State
Department for Transport
21st February 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Houses in Multiple Occupation (Certain Blocks of Flats) (Modifications to the Housing Act 2004 and Transitional Provisions for section 257 HMOs ) (England) Regulations 2007 and shall come into force on 1st October 2007.
2
These Regulations apply to section 257 HMOs in England.
Modifications to Part 2 of the Housing Act 2004 (licensing of houses in multiple occupation)
2
The provisions of Part 2 (licensing of houses in multiple occupation) of the Housing Act 2004 (“ the Act ”) shall have effect in relation to a section 257 HMO , subject to the modifications specified in regulations 3 to 10.
3
In section 61 (requirement for HMOs to be licensed) after subsection (6) add —
7
In this Part the “person having control” in respect of a section 257 HMO is —
a
in relation to an HMO in respect of which no person has been granted a long lease of a flat within the HMO, the person who receives the rack rent for the HMO, whether on his own account or as an agent or trustee of another person;
b
in relation to an HMO in respect of which a person has been granted a long lease of a flat within the HMO, the person who falls within the first paragraph of subsection (8) to apply, taking paragraph (a) of that subsection first, paragraph (b) next, and so on.
8
A person falls within this subsection if the person —
a
has acquired the right to manage the HMO under Part 2 of the Commonhold and Leasehold Reform Act 2002 ;
b
has been appointed by the Leasehold Valuation Tribunal under section 24 of the Landlord and Tenant Act 1987 ;
c
is the person who is the lessee of the whole of the HMO under a lease between him and a head lessor or the freeholder, or is the freeholder of the HMO; or
d
has been appointed to manage the HMO by the freeholder, by a head lessor of the whole of the HMO, or by a person who has acquired the right to manage the HMO under Part 2 of the Commonhold and leasehold Reform Act 2002.
9
In this section “long lease” means a lease that —
a
is granted for a term certain exceeding 21 years, whether or not it is (or may become terminable) before the end of that term; or
b
is for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a lease by sub-demise from one which is not a long lease,
and neither the lease nor any superior lease contains a provision enabling the lessor or superior lessor to terminate the tenancy, other than by forfeiture, before the end of that term.
.
4
In section 64 (grant or refusal of a licence) omit subsection (3)(a) and for subsection (4) substitute —
4
When deciding whether the proposed licence holder is a fit and proper person to be the licence holder the local housing authority must take into consideration whether that person has control of the HMO and the extent to which he has control over it.
5
In section 65 (tests as to suitability for multiple occupation) —
a
for subsection (1) substitute —
1
The local housing authority cannot be satisfied that the house is reasonably suitable for occupation as a section 257 HMO if they consider that —
a
the common parts of the HMO; or
b
any flat within the HMO other than a flat let on a long lease,
fail to meet prescribed standards.
;
b
after subsection (1) add —
1A
Where a house becomes a section 257 HMO as a result of conversion works carried out on the house after 1 st October 2007, any flat within the HMO in respect of which a long lease is granted after that date shall be treated for the purpose of subsection (1) as though no such lease has been granted unless —
a
the local housing authority are satisfied that the appropriate building standards have been met in relation to that flat; or
b
the local housing authority are satisfied that the lease has been granted by a person other than the freeholder or head lessor of the whole of the HMO.
;
c
omit subsection (2);
d
in paragraph (a) of subsection (4) omit “number,”; and
e
after subsection (4) add —
5
In this section “long lease” has the same meaning as in section 61(9).
.
6
In section 67 (licence conditions) after subsection (1) insert —
1A
For the purposes of section 67(1) a licence may not include a condition that regulates the use, occupation or contents of any part of an HMO unless the condition relates to a matter over which it would be reasonable to expect the licence holder, in all the circumstances, to exercise control.
.
7
In section 73 (other consequences of operating unlicensed HMOs: rent repayment orders) in subsection (10) —
a
for the definition of “the appropriate person” substitute —
“the appropriate person”, in relation to any payment of housing benefit or periodical payments payable in connection with occupation of a part of a section 257 HMO means the person who at the time when such benefit or payments were made was the person —
a
having control of the HMO; and
b
entitled to receive on his own account periodical payments in connection with such occupation of the part of the HMO in respect of which the payment or housing benefit relates.
; and
b
after the definition of “periodical payments” insert —
“rent” does not include ground rent, service charges or insurance charges paid under the terms of a lease in respect of a flat within a section 257 HMO .
.
8
In section 75 (other consequences of operating unlicensed HMOs: restrictions on terminating tenancies) —
a
for subsection (1) substitute —
1
No section 21 notice may be given in relation to a shorthold tenancy of a flat in an unlicensed section 257 HMO by the person having control of the HMO so long as it remains such an HMO.
; and
b
after subsection (2) insert —
3
Subsection (1) does not affect the right of any person (other than the person having control of a section 257 HMO) to serve a section 21 notice in respect of a shorthold tenancy of a flat in such an HMO.
.
9
In section 78 (index of defined expressions: Part 2) in the entry relating to a person having control for the reference to section 263(1) and (2) substitute a reference to section 61(7).
10
In Schedule 4 —
a
in paragraph (1) after “conditions” insert “but in the case of a licence under Part 2, this is subject to sub-paragraph (6)”;
b
after sub-paragraph (5) insert —
6
The conditions contained in sub-paragraphs (2) to (5) apply only in relation to any part of a section 257 HMO over which the licence holder exercises control, or over which it would be reasonable to expect that he would exercise control.
Modification to Part 4 of the Act (additional control provisions in relation to residential accommodation)
11
Section 139 of the Act (service of overcrowding notices) shall have effect in relation to a section 257 HMO as if at the end of paragraph 1(b) there were inserted —
1A
This Chapter also applies, in the case of a section 257 HMO which is required to be licensed under Part 2, to any flat within that HMO in respect of which a long lease has been granted and over which the licence holder cannot reasonably be expected to exercise control.
1B
In subsection (1A) “long lease” means a lease that —
a
is granted for a term certain exceeding 21 years, whether or not it is (or may become terminable) before the end of that term; or
b
is for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a lease by sub-demise from one which is not a long lease,
and neither the lease nor any superior lease contains a provision enabling the lessor or superior lessor to terminate the tenancy, other than by forfeiture, before the end of that term.
.
Modification to section 263 of the Act
12
1
Section 263 of the Act (meaning of “person having control” and “person managing” etc. ) has effect as if, after subsection (1), there were inserted —
1A
Subsection (1) does not apply to any reference in Parts 2 or 4 to “person having control” where the reference relates to a person having control of a section 257 HMO.
1B
Any reference in Part 4 to a person having control in respect of a section 257 HMO has the same meaning as in section 61(7).
.
Repeal of Part 11 of the Housing Act 1985: transitional provisions
13
1
During the period beginning on 1st October 2007 and ending on 1st October 2008, the repeal of sections 346, 346A, 346B, 347, 348, 348A to 348G, 350, 351 and 395 to 397 of the Housing Act 1985 (“the 1985 Act ”) shall not have effect in relation to any registration scheme which —
a
conforms to a model scheme prepared by the Secretary of State under section 346B of the 1985 Act; or
b
was confirmed by the Secretary of State before 6th April 2006,
in so far as such scheme applies to a relevant converted block of flats that is registered or required to be registered under such scheme.
2
During the period beginning on 1st October 2007 and ending on 1st October 2008, the maximum permissible fee payable on registration, or re-registration, of a relevant converted block of flats shall be calculated as one fifth of the fee that would normally be chargeable by the local housing authority operating the registration scheme.
3
During the period beginning on 1st October 2007 and ending on 1st October 2008 —
a
the repeal of sections 352, 352A and 353 of, and Schedule 10 to, the 1985 Act shall not have effect in relation to any notice served before 1st October 2008 under section 352(1) of that Act in relation to a relevant converted block of flats; and
b
the repeal of sections 354, 355, 356, and 395 to 397 of the 1985 Act shall not have effect in relation to the commission before 1 st October 2008 of any offence concerning a relevant converted block of flats under —
i
subsection (2) of section or 355 of that Act; or
ii
subsection (2) of section 356 of that Act,
concerning a relevant converted block of flats.
4
In relation to an appeal brought under subsection (2) of section 357 of the 1985 Act before 1st October 2007, a decision of a court to vary, or not to revoke, a direction under section 354 of that Act shall not have effect.
5
During the period beginning on 1st October 2007 and ending on 1st October 2008 —
a
the repeal of sections 369 and 395 to 397 of the 1985 Act shall not have effect in relation to the commission before 1 st October 2007 of any offence under regulations made under section 369 of that Act concerning a relevant converted block of flats;
b
the repeal of section 372 of the 1985 Act shall not have effect in relation to any notice served under subsection (1) of that section concerning a relevant converted block of flats before that date; and
c
the repeal of section 373 of the 1985 Act shall not have effect in relation to an appeal made before 1 st October 2007 under subsection (1) of that section concerning a relevant converted block of flats
6
During the period beginning on 1st October 2007 and ending on 1st October 2009 the repeal of sections 375 to 377A and 378 of, and Schedule 10 to, the 1985 Act shall not have effect in relation to any notice served before 1st October 2007 under section 352 or 372 of that Act concerning a relevant converted block of flats.
7
In this regulation “relevant converted block of flats” means a building or a part of a building which is —
a
a converted block of flats to which section 257 of the 2004 Act applies; and
b
a house in multiple occupation for the purposes of Part 11 of the 1985 Act.
Signed by authority of the Secretary of State
for Communities and Local Government
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
28th June 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the General Medical Council (Constitution) (Amendment) Order 2007 and shall come into force on 10th April 2007.
2
In this Order, “the principal Order ” means the General Medical Council (Constitution) Order 2002 .
Amendment of article 2 of the principal Order
2
In article 2 of the principal Order (constitution of the General Council), for paragraph (a) substitute —
a
19 elected members, or such fewer number of elected members as results from a vacancy not needing to be filled by virtue of article 3(5);
.
Amendment of article 3 of the principal Order
3
1
In article 3 of the principal Order (terms of office of elected members) —
a
in paragraph (1), after “this article” insert “, article 3A”;
b
in paragraph (3) —
i
for “eight years” substitute “nine and a half years”, and
ii
for “eleven years” substitute “twelve and a half years”;
c
for paragraph (5), substitute the following paragraph —
5
Where an elected member dies, resigns or otherwise ceases to be a member before completing his term of office, the vacancy need only be filled if as a consequence —
a
there will be a vacancy among the elected members for twelve months or longer; and
b
unless that vacancy is filled, the number of elected members will not exceed the number of appointed and nominated members,
in which case there is a casual vacancy, and subject to paragraph (6), an election shall be held to fill the casual vacancy.
;
d
in paragraph (6), omit “subject to paragraph (7)”; and
e
omit paragraph (7).
New article 3A of the principal Order
4
After article 3 of the principal Order insert the following article —
Extension of terms of office of certain elected members
3A
The term of office of an elected member whose term of office, in the absence of this article, would expire at the end of 30th June 2007 shall expire at the end of 31st December 2008.
Amendment of article 4 of the principal Order
5
In article 4 of the principal Order (terms of office of appointed and nominated members), in paragraph (3) —
a
for “eight years” substitute “nine and a half years”;
b
for “eleven years” substitute “twelve and a half years”; and
c
for “elected” substitute “appointed or nominated”.
Amendment of article 7 of the principal Order
6
In article 7 of the principal Order (provisions relating to the term of office of the president), in paragraph (3), after “six years” add “, excluding in calculating that aggregate any time prior to the relevant day”.
Substitution of article 8 of the principal Order
7
For article 8 of the principal Order substitute the following —
Quorum
8
1
Subject to paragraphs (2) and (3), the quorum of the General Council shall be 25.
2
Where, as a consequence of a vacancy not needing to be filled, the full membership of the General Council is less than 35, the quorum of the General Council shall, subject to paragraph (3), be 70% of the full membership of the General Council.
3
If a calculation of 70% of the full membership of the General Council produces a number which is —
a
not a whole number, the number produced shall be rounded up to the nearest whole number, and that whole number shall, subject to sub-paragraph (b), be the quorum of the General Council; or
b
less than 10, the quorum of the General Council shall be 10.
Christine Cook
Deputy Clerk of the Privy Council


text:
PART 1 GENERAL PROVISIONS
Citation and commencement
1
1
These Regulations may be cited as the European Communities (Recognition of Professional Qualifications) Regulations 2007.
2
These Regulations come into force on 19th October 2007.
Interpretation
2
1
In these Regulations the following words and phrases have the following meanings —
“adaptation period” has the meaning given to it by regulation 23;
“another relevant European State” means a relevant European State other than the United Kingdom;
“applicant” has the meaning given to it by regulations 6(3) and (4);
“aptitude test” has the meaning given to it by regulation 24;
“competent authority” —
in relation to the United Kingdom, has the meaning given by regulation 4(1) to (3),
in relation to another relevant European State, has the meaning given by regulation 4(4),
and unless the context otherwise requires, a reference to a competent authority is a reference to a competent authority in relation to the United Kingdom;
“the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications ;
“enactment” includes —
an enactment contained in subordinate legislation within the meaning given by subsection (1) of section 21 of the Interpretation Act 1978 1978, except that the definition of that term in that subsection shall have effect as if “Act” included Northern Ireland legislation, and
an enactment contained in an Act of the Scottish Parliament or in an instrument made under such an Act;
“evidence of formal qualifications” has the meaning given to it in regulation 7(2);
“home State” means the relevant European State from which an applicant originates or comes or in which the applicant obtained his professional qualifications or in which he lawfully practised;
“holder” means a person to whom a competent authority of a relevant European State has awarded professional qualifications;
“host State” means the relevant European State to which an applicant applies for access to or pursuit of a regulated profession in its territory, which is contingent on possession of specific professional qualifications;
“manager of an undertaking” means any person who in any undertaking in the occupational field in question has pursued an activity:
as a manager of an undertaking or a manager of a branch of an undertaking;
as a deputy to the proprietor or the manager of an undertaking where that post involves responsibility equivalent to that of the proprietor or manager represented; or
in a managerial post with duties of a commercial and/or technical nature and with responsibility for one or more departments of the undertaking;
“native applicant” means a person whose qualifications were obtained wholly within the United Kingdom applying to a competent authority for authorisation to practise for the purposes of access to or pursuit of a regulated profession or any professional lawfully pursuing that profession in the United Kingdom;
“practice” in relation to any regulated profession includes —
the taking up or pursuit of that profession in a relevant European State, whether in a self employed capacity or as an employed person; and
in the course of such pursuit —
the right to use a professional title or designatory letters; and
the enjoyment of the benefit of the status associated with membership of the profession;
“profession” includes occupation or trade;
“professional association” means an association or organisation recognised in a special form, the purpose of which is, in particular, to promote and maintain a high standard in the professional field with which it is concerned and which, to that end —
prescribes and enforces respect within its membership for rules of professional conduct and awards professional qualifications to its members; and
confers on its members the right to use one or more professional titles or designatory letters or to benefit from a status corresponding to that professional qualification;
“professional experience” means the actual and lawful pursuit of the profession concerned;
“professional qualifications” has the meaning given to it in regulation 7(1);
“professional rules” mean rules of a professional, statutory or administrative nature which are directly linked to professional qualifications, such as the definition of the profession, the use of titles, and serious professional malpractice which is directly and specifically linked to consumer protection and safety, as well as disciplinary provisions which are applicable to professionals who pursue the same profession;
“regulated education and training” has the meaning given to it in regulation 6(2);
“regulated profession” has the meaning given to it by regulation 6(1);
“relevant European State” means an EEA State or Switzerland;
“same profession” means the profession for which the applicant is qualified in his home State if the activities covered are comparable;
“sectoral professions” means one or more of the following regulated professions namely that of doctor, nurse responsible for general care, dental practitioner, veterinary surgeon , midwife, pharmacist and architect;
“third country” means a country other than a relevant European State.
2
References in these Regulations to the Directive or a provision of the Directive are references to the Directive or a provision of the Directive as amended from time to time.
3
A reference in these Regulations to the United Kingdom shall, as the context requires, be taken to include a reference to any one or more of: England, Wales, Scotland, and Northern Ireland.
4
For the purposes of these Regulations, an association or organisation established in the United Kingdom shall be taken to have been recognised in special form if the mode of its establishment was incorporation by Royal Charter.
Application
3
1
Subject to paragraphs (3) to (10), the provisions listed in paragraph (2) apply to applicants.
2
Those provisions are —
a
regulation 5(1) to (5);
b
Part 2 (Freedom to provide services on a temporary basis);
c
Chapters 1, 2 and 4 of Part 3 (Freedom of establishment);
d
regulation 36; and
e
regulation 37.
3
The provisions listed in paragraph (2) apply to the sectoral professions only as mentioned in paragraph (4).
4
The following provisions apply to the sectoral professions in cases within any of sub-paragraphs (a) to (e) of paragraph (9) where the applicant for specific and exceptional reasons does not satisfy the requirements for automatic recognition or recognition on the basis of acquired rights, namely —
a
except for the profession of architect, regulations 9(1) and (2) and 14 to 16;
b
Chapter 1 of Part 3 except regulation 27;
c
Chapter 4 of Part 3 except regulation 34(3) ; and
d
regulation 37.
5
Chapter 2 of Part 3 applies only to professions listed in Part 3 of Schedule 1.
6
The provisions listed in paragraph (2) apply to the professions listed in Part 3 of Schedule 1 only as mentioned in paragraphs (5), (7) and (8).
7
The following provisions apply to professions listed in Part 3 of Schedule 1 —
a
regulation 5(1) to (5);
b
Part 2;
c
Chapter 4 of Part 3;
d
regulation 36; and
e
regulation 37.
8
In addition, Chapter 1 of Part 3 applies to professions listed in Part 3 of Schedule 1 in cases where the applicant for specific and exceptional reasons does not meet the requirements set out in Schedule 4.
9
The cases mentioned in paragraph (4) are —
a
for applicants who are doctors with basic training, specialised doctors, nurses responsible for general care, dental practitioners, specialised dental practitioners, veterinary surgeons, midwives, pharmacists and architects when the applicant does not meet the requirements of effective and lawful professional practice required in Articles 23, 27, 33, 37, 39, 43 and 49 of the Directive (acquired rights),
b
for applicants who are architects, when the applicant holds evidence of formal qualifications not listed in Annex V point 5.7 of the Directive,
c
without prejudice to the provisions of Articles 21(1), 23 and 27 of the Directive (automatic recognition and acquired rights), for applicants who are doctors, nurses, dental practitioners, veterinary surgeons, midwives, pharmacists and architects holding evidence of formal qualifications as a specialist, which must follow the training leading to the possession of a title listed in Annex V of the Directive, points 5.1.1, 5.2.2, 5.3.2, 5.4.2, 5.5.2, 5.6.2, and 5.7.1 of the Directive, solely for the purposes of the recognition of the relevant speciality,
d
for applicants who are specialised nurses without training as a general care nurse, where, in the United Kingdom, the relevant professional activities are pursued by nurses responsible for general care, specialised nurses without training as general care nurses or specialised nurses holding evidence of formal qualifications as a specialist which follows the training leading to the possession of the titles listed in Annex V, point 5.2.2 of the Directive, and
e
for applicants whose qualifications were obtained in a third country and, if wishing to access and pursue a sectoral profession in the United Kingdom on a permanent basis —
i
who have, in the relevant sectoral profession, three years’ professional experience on the territory of a relevant European State which recognised the formal qualifications obtained in the third country by permitting the applicant to pursue the profession on its territory in accordance with its rules; and
ii
whose three years’ professional experience is certified by that State.
10
Part 2 does not apply —
a
to any of the professions listed in Part 2 of Schedule 1; and
b
to the profession of solicitor in England and Wales, Northern Ireland or Scotland or the profession of barrister in England and Wales or Northern Ireland, or the profession of advocate in Scotland where the European Communities (Services of Lawyers) Order 1978 applies.
11
These Regulations do not apply to the profession of company auditor as defined in section 24(2) of the Companies Act 1989 and Article 27(2) of the Companies (Northern Ireland) Order 1990 .
Competent authorities
4
1
In the case of a regulated profession listed in any of Parts 1 to 3 of Schedule 1, the competent authority in the United Kingdom for the purposes of the Directive so far as relating to that profession is the body or authority specified in relation to that profession in that Part of that Schedule.
2
In the case of a regulated profession that is regulated in the United Kingdom but is not listed in Schedule 1, the competent authority in the United Kingdom for the purposes of the Directive so far as relating to that profession is the governing body of that profession in the United Kingdom.
3
In these Regulations “competent authority”, in relation to a profession listed in Part 4 of Schedule 1, means the body or authority specified in relation to that profession in that Part of that Schedule.
4
For the purposes of these Regulations, the competent authority in another relevant European State in relation to —
a
any document, certificate, attestation of competence, diploma or qualification,
b
any period of professional experience, or
c
any application, action or decision,
is the authority, body or person who under laws, regulations or administrative provisions is authorised in that State to issue, award or recognise the document or information concerned or (as the case may be) to certify the period of professional experience, to receive the application or to take the action or decision.
Functions of competent authorities in the United Kingdom
5
1
Without prejudice to its other powers and functions, a competent authority shall have the function of receiving and considering applications by applicants and taking the actions and decisions referred to in these Regulations.
2
Competent authorities shall —
a
work in close collaboration with competent authorities of other relevant European States;
b
provide assistance to competent authorities of other relevant European States in order to facilitate application of these Regulations; and
c
ensure the confidentiality of the information which they exchange.
3
Competent authorities shall exchange information with competent authorities of other relevant European States regarding disciplinary action or criminal sanctions taken or any other serious, specific circumstances which are likely to have consequences for the pursuit of activities under these Regulations.
4
Pursuant to paragraph (3), a competent authority receiving information from a competent authority of another relevant European State on disciplinary action or criminal sanctions, shall:
a
examine the veracity of the circumstances,
b
decide on the nature and scope of the investigations which need to be carried out, and
c
inform that authority of the conclusions which it draws from the information available to it.
5
If the holder of a qualification awarded by a competent authority requests, either in writing or by electronic means, that authority to provide him with any information or evidence as listed in Annex VII of the Directive in support of his application to practise a profession in another relevant European State which regulates that profession, the competent authority shall produce that information or evidence to the holder within the time limits set down in that Annex or, if there are no time limits, as soon as is reasonably practicable following the request of the holder.
6
Competent authorities shall also act as contact points for their regulated professions.
7
Contact points shall in addition to the function set out in regulation 38(2):
a
provide citizens and the contact points of other relevant European States with such information as is necessary concerning the recognition of professional qualifications, such as information on the national legislation governing the regulated profession concerned and pursuit of that profession, including social legislation, and where appropriate the rules of ethics;
b
on receipt of an enquiry, assist citizens in realising the rights conferred on them by the Directive, in cooperation, where appropriate, with other contact points and competent authorities.
Regulated profession, regulated education and training and applicants
6
1
In these Regulations, “regulated profession” means —
a
in relation to the United Kingdom —
i
a profession listed in any of Parts 1, 3 and 4 of Schedule 1;
ii
a profession practised by members of a professional association who have a title or designation set out in Part 2 of Schedule 1;
iii
a professional activity or group of activities access to which, the pursuit of which or one of the modes of pursuit of which is subject (directly or indirectly) by virtue of legislative, regulatory or administrative provisions to the possession of specific professional qualifications; or
iv
a professional activity or group of activities pursuit of which is by persons using a professional title limited by legislative, regulatory or administrative provisions to holders of a given professional qualification;
b
in relation to another relevant European State, a professional activity, or group of professional activities, which constitutes a profession if and in so far as the activity, or group of activities, is regulated in that State as a professional activity.
2
“Regulated education and training” means education and training which is —
a
listed in Annex III of the Directive; or
b
directly geared to the practice of a profession in a relevant European State, and comprises a course or courses complemented where appropriate by professional training or probationary or professional practice, the structure and level of which are determined by the laws, regulations or administrative provision of that relevant European State or which are monitored or approved by the competent authority in a relevant European State.
3
For the purposes of Part 2, and of any other provision of these Regulations so far as relating to Part 2, “applicant” means an individual —
a
who wishes to access and pursue a regulated profession in the United Kingdom on a temporary and occasional basis, whether in an employed or self-employed capacity;
b
who is a national of a relevant European State or who, although not a national of such a State, is by virtue of any enforceable Community right entitled to be treated, for the purposes of access to and pursuit of a regulated profession, no less favourably than a national of such a State;
c
whose qualifications were obtained in a relevant European State or a third country;
d
who is legally established in his home State for the purpose of pursuing the same profession there; and
e
who, if neither that profession nor the education and training leading to it is regulated in his home State, has pursued that profession in that State for at least two years during the ten years preceding the provision of services.
4
For the purposes of Chapters 1, 2 and 4 of Part 3, and of any other provision of these Regulations so far as relating to those Chapters, “applicant” means an individual —
a
who wishes to access and pursue a regulated profession in the United Kingdom on a permanent basis, whether in an employed or self-employed capacity;
b
who is a national of a relevant European State or who, although not a national of such a State, is by virtue of any enforceable Community right entitled to be treated, for the purposes of access to and pursuit of a regulated profession, no less favourably than a national of such a State;
c
whose qualifications were obtained in a relevant European State or a third country; and
d
who, if his qualifications were obtained in a third country, has three years’ professional experience in the profession concerned —
i
on the territory of a relevant European State which recognised the formal qualifications obtained in the third country by permitting the individual to pursue the profession on its territory in accordance with its rules, and
ii
certified by that State.
Professional qualifications and evidence of formal qualifications
7
1
In these Regulations, subject to regulation 8(2), “professional qualifications” means —
a
qualifications attested by evidence of formal qualifications,
b
an attestation of competence issued by a competent authority in the home State on the basis as set out in regulation 20(a); and/or
c
professional experience.
2
“Evidence of formal qualifications” means —
a
diplomas, certificates and other evidence issued by an authority in a relevant European State certifying successful completion of professional training obtained mainly in one or more relevant European States; or
b
where paragraph (a) does not apply, diplomas, certificates and other evidence issued by a third country if the holder has three years’ professional experience —
i
on the territory of a relevant European State which recognised the formal qualifications obtained in the third country by permitting the applicant to pursue the profession on its territory in accordance with its rules, and
ii
certified by that State.
PART 2 FREEDOM TO PROVIDE SERVICES ON A TEMPORARY BASIS
Right to practise in the United Kingdom
8
1
Subject to the provisions in regulations 9 to 17, a competent authority shall not, for any reasons related to professional qualifications, restrict an applicant who moves to the United Kingdom to provide professional services.
2
In this Part, references to “professional qualifications” shall include, in respect of an applicant whose qualifications were obtained in a third country, those qualifications.
9
1
The provisions of this Part shall only apply where the applicant moves to the United Kingdom to provide professional services on a temporary and occasional basis.
2
The competent authority shall assess on a case by case basis whether the provision of professional services is on a temporary and occasional basis in particular in relation to its duration, its frequency, its regularity and its continuity.
3
Where the applicant moves to the United Kingdom, he shall be subject to the professional rules of the bodies referred to in Parts 1 and 3 of Schedule 1.
Exemptions
10
1
Pursuant to regulation 8 and subject to paragraph (2), competent authorities shall exempt applicants established in another relevant European State from the requirements which it places on professionals established in the United Kingdom relating to:
a
authorisation by, registration with or membership of a professional organisation or body; and
b
registration with a public social security body for the purpose of settling accounts with an insurer relating to activities pursued for the benefit of insured persons.
2
Competent authorities may, in order to facilitate the application of disciplinary provisions in professional, statutory or administrative rules, provide either for automatic temporary registration or for pro-forma membership if such registration or membership:
a
does not delay or complicate in any way the provision of services, and
b
does not entail any additional costs for the applicant.
3
For the purpose of settling accounts with an insurer relating to activities pursued for the benefit of insured persons, the applicant shall inform in advance or, in an urgent case afterwards, the body referred to in paragraph (1)(b).
Declaration and documents to be provided on the first provision of service
11
1
Competent authorities shall require that where an applicant first moves from another relevant European State to the United Kingdom in order to provide services in a regulated profession, the applicant shall inform the appropriate competent authority by way of a declaration.
2
The declaration shall —
a
be made in advance of the service being provided,
b
include the details of any insurance cover or other means of personal or collective protection with regard to professional liability, and
c
be renewed once a year if the applicant intends to provide temporary or occasional services in the United Kingdom during that year.
3
The declaration or renewal supplied to the competent authority shall be provided in writing and may be supplied by any means.
12
1
Competent authorities shall require that the declaration be accompanied by the documents in paragraph (2):
a
for the first provision of services, or
b
if there is a material change in the situation substantiated by the documents.
2
The documents that shall be required are:
a
proof of nationality of the applicant or, where he is not a national of a relevant European State, proof of the Community right on which he relies,
b
an attestation certifying that the applicant is legally established in another relevant European State for the purpose of pursuing the activities concerned and that he is not prohibited from practising, even temporarily, at the moment of delivering the attestation,
c
evidence of professional qualifications,
d
for cases referred to in regulation 6(3)(e), any means of proof that the applicant has pursued the activity concerned for at least two years during the previous ten years, and
e
for professions in the security sector, evidence of no criminal convictions.
Title under which professional services are provided
13
1
Subject to paragraph (2), the applicant on providing services in the United Kingdom shall:
a
use the professional title applicable to that profession in the home State, if that title exists within that State for the professional activity,
b
indicate that title in the official language or one of the official languages of the home State in such a way as to avoid confusion with the professional title of the profession in the United Kingdom; and
c
where no professional title exists in the home State, indicate his formal qualification in the official language or one of the official languages of that home State.
2
On verification of qualifications where regulation 14, or where both regulations 14 and 15, apply, the applicant on providing services shall use the professional title applicable to that profession in the United Kingdom.
Checks for professions having public health or safety implications
14
1
This regulation and regulations 15 and 16 apply in the case of applicants in a regulated profession which has public health or safety implications, namely —
a
a profession listed in Schedule 2;
b
a sectoral profession, except the profession of architect, in a case described in regulation 3(9).
2
Subject to paragraph (3), for regulated professions referred to in paragraph (1), the competent authority shall check the professional qualifications of the applicant prior to the first provision of services.
3
Such prior check shall be possible only where the purpose of the verification is justified and proportionate in the profession concerned in order to avoid serious damage to the health or safety of the recipient of the service, due to a lack of professional qualifications of the applicant, and where this check does not go beyond what is necessary to achieve that purpose.
15
1
Subject to regulation 16, the competent authority for a profession which has public health or safety implications shall, prior to the first provision of services, give the applicant the opportunity to show that he has acquired the knowledge or competence lacking where:
a
the result of a check under regulation 14 demonstrates that there is a substantial difference between the professional qualifications of the applicant and the training required to access and pursue the regulated profession in the United Kingdom, and
b
the substantial difference is such as to be harmful to public health or safety.
2
In the circumstances specified in paragraph (1), the applicant shall demonstrate that he has acquired the knowledge or competence lacking, in particular, by taking and passing an aptitude test.
16
1
The competent authority shall, within the first month of receipt of the declaration and accompanying documents, endeavour to inform the applicant of the outcome of such a check.
2
Where there is a difficulty which would result in delay of that decision, the competent authority shall send a duly substantiated request for further information to the applicant within that one month period in paragraph (1) stating the reason for the delay and the timescale for its decision.
3
In the event of a delay being notified to the applicant pursuant to paragraph (2), the competent authority shall make a decision within the second month of the receipt of completed documentation.
4
Where the competent authority gives the applicant the opportunity under regulation 15(1) to show that he has acquired the knowledge and competence lacking, the competent authority shall give the applicant that opportunity within one month of the decision referred to in paragraph (1) or (3).
5
In the absence of a reaction from the competent authority within the periods stipulated in paragraphs (1), (3) and (4), the applicant may provide the services in the United Kingdom.
Non compliance
17
1
An applicant shall no longer be entitled to provide services in the profession that he is pursuing in United Kingdom in accordance with this Part nor retain any temporary registration, if —
a
he becomes established in that profession in the United Kingdom; or
b
he is subject to a decision of the competent or judicial authority of the relevant European State in which he is established which has the effect that he is no longer lawfully established in that State or that he is prohibited (even temporarily) from practising that profession there.
2
Where —
a
under regulation 11 an applicant should have, but has not, renewed (or further renewed) a declaration under that regulation; and
b
under the professional rules concerned, a sanction is imposed by reference to the failure to renew,
the sanction is of no effect if, or so far as, it is not in the circumstances of the case proportionate to the failure to renew.
3
Where under an enactment any register is maintained of persons engaged in the profession concerned, the competent authority for the profession, as a sanction for the failure to renew, may cause the applicant’s name to be removed from that register.
4
For the purposes of paragraph (2)(b), paragraph (3) is part of the professional rules concerned.
Administrative cooperation and service provision
18
1
Competent authorities:
a
may ask the competent authorities of the home State, for each provision of services, to provide any information relevant to the legality of the applicant’s establishment and his good conduct, as well as the absence of any disciplinary or criminal sanctions of a professional nature,
b
shall provide this information to the competent authorities of other relevant European States in accordance with regulation 5(2), (3), and (4), and
c
on receiving a complaint by a recipient of a service against an applicant, shall ensure the exchange of all information necessary for complaints to be correctly pursued.
2
The competent authority shall, on receiving a complaint described in paragraph (1)(c), inform the recipient of the outcome of the complaint.
Information to be given to a recipient of professional services or service
19
Where the service is provided under the professional title of the home State or under the formal qualification of the applicant, a competent authority may require the applicant to furnish the recipient of the service with any or all of the following information:
a
if the applicant is registered in a commercial register or similar public register, the register in which he is registered, his registration number, or equivalent means of identification contained in that register;
b
if the activity is subject to authorisation in the home State, the name and address of the competent or supervisory authority;
c
any professional association or similar body with which the applicant is registered;
d
the professional title or, where no such title exists, the formal qualification of the applicant and relevant European State in which it was awarded;
e
if the applicant performs an activity which is subject to VAT , the VAT identification number referred to in Article 22(1) of the Sixth Council Directive 77/388/ EEC ; and
f
details of any insurance cover or other means of personal or collective protection with regard to professional liability.
PART 3 FREEDOM OF ESTABLISHMENT
CHAPTER 1
GENERAL SYSTEM FOR THE RECOGNITION OF TRAINING
Levels of qualification
20
For the purpose of applying conditions of recognition under regulation 22, professional qualifications are grouped under the following levels as set out below —
a
an attestation of competence issued by a competent authority of a relevant European State on the basis of either:
i
a training course not forming part of a certificate or diploma within the meaning of paragraphs (b), (c), (d) or (e), or a specific examination without prior training, or full-time pursuit of the profession in another relevant European State for three consecutive years or for an equivalent duration on a part-time basis during the previous 10 years, or
ii
general primary or secondary education, attesting that the holder has acquired general knowledge;
b
a certificate attesting to a successful completion of a secondary course either:
i
general in character, supplemented by a course of study or professional training other than that referred to in paragraph (c) and/or by the probationary or professional practice required in addition to that course, or
ii
technical or professional in character, supplemented where appropriate by a course of study or professional training as referred to in sub-paragraph (i), and/or by the probationary or professional practice required in addition to that course;
c
a diploma certifying successful completion of either —
i
training at post-secondary level other than that referred to in paragraphs (d) and (e) of a duration of at least one year or of an equivalent duration on a part-time basis, one of the conditions of entry of which is, as a general rule, the successful completion of the secondary course required to obtain entry to university or higher education or the completion of equivalent school education of the second secondary level, as well as the professional training which may be required in addition to that post-secondary course; or
ii
in the case of a regulated profession, training with a special structure as set out in Annex II of the Directive, equivalent to the level of training provided for under sub-paragraph (i), which provides a comparable professional standard and which prepares the trainee for a comparable level of responsibilities and functions;
d
a diploma certifying successful completion of training at post-secondary level of at least three and not more than four years duration, or of an equivalent duration on a part-time basis, at a university or establishment of higher education or another establishment providing the same level of training, as well as the professional training which may be required in addition to that post-secondary course;
e
a diploma certifying that the holder has successfully completed a post-secondary course of at least four years duration, or of an equivalent duration on a part-time basis, at a university or establishment of higher education or another establishment of equivalent level and, where appropriate, that he has successfully completed the professional training required in addition to the post-secondary course.
Equal treatment of qualifications
21
1
Any evidence of formal qualifications or set of evidence of formal qualifications shall be treated as evidence of formal qualifications of a type covered by regulation 20, including the level in question if such evidence or set of evidence —
a
is issued by the competent authority of a relevant European State certifying successful completion of training in any of the relevant European States which is recognised by that relevant European State as being of an equivalent level, and
b
confers on the holder the same rights of access to or pursuit of a profession or prepares the applicant for the pursuit of that profession.
2
Any professional qualification shall be treated as evidence of formal qualifications under the same conditions as set out in paragraph (1) where such professional qualification:
a
does not satisfy the requirements contained in the legislative, regulatory or administrative provisions in force in the home State for access to or the pursuit of a profession, but
b
confers on the holder acquired rights by legislative, regulatory or administrative provisions in force in the home State.
3
Paragraph (2) applies, in particular, where —
a
the home State raises the level of training required for admission to a profession and for its exercise, and
b
an applicant, having undergone former training which does not meet the requirements of the new qualification, benefits from acquired rights by virtue of legislative, regulatory or administrative provisions in the home State.
4
Where the circumstances of paragraph (3) apply, the former training shall be considered by competent authorities as corresponding to the level of the new training.
Conditions for recognition
22
1
Subject to a requirement by the competent authority pursuant to regulation 25, if access to or pursuit of a regulated profession in United Kingdom is contingent on possession of specific qualifications, a competent authority shall permit access to and pursuit of that regulated profession to an applicant under the same conditions as apply to native applicants, where that applicant —
a
possesses the attestation of competence or evidence of formal qualifications required by another relevant European State, where the profession is regulated, in order to gain access to and pursue that same profession in that relevant European State, or
b
has pursued that same profession on a full time basis for two years during the previous ten years in another relevant European State which does not regulate that profession, provided that the applicant possesses one or more attestations of competence or documents providing evidence of formal qualifications.
2
Attestations of competence or evidence of formal qualifications shall satisfy the following conditions:
a
they shall have been issued by a competent authority of another relevant European State;
b
subject to paragraph (5), they shall attest a level of professional qualification at least equivalent to the level immediately prior to that which is required in the United Kingdom; and
c
where paragraph (1)(b) applies, they shall also attest that the applicant has been prepared for the pursuit of the profession in question.
3
A competent authority may not require the two years professional experience referred to in paragraph (1)(b) if:
a
the evidence of formal qualifications which the applicant possesses certifies regulated education and training, and
b
such certified regulated education and training is at the levels of qualifications described in regulation 20, paragraphs (b), (c), (d) or (e).
4
The regulated education and training listed in Annex III of the Directive shall be considered as such regulated education and training at the level described in regulation 20(c).
5
A competent authority shall permit access to and pursuit of a regulated profession where access to this profession is contingent in the United Kingdom on possession of a qualification certifying successful completion of higher or university education of four years duration, and where the applicant possesses a qualification referred to in regulation 20(c).
Compensation measures - adaptation periods and aptitude tests
23
1
An adaptation period means, in relation to the regulated profession which the applicant seeks to take up or pursue in the United Kingdom, a period of pursuit of a regulated profession under the supervision of a qualified member of that profession, subject to an assessment of the ability of the applicant to pursue that profession in the United Kingdom.
2
The competent authority shall clearly set out the detailed rules governing the adaptation period and its assessment, having regard to the circumstances of each individual applicant and, in particular, to the fact that he is a qualified professional in another relevant European State.
3
The applicant may be required to undergo further training during the adaptation period.
4
The applicant’s performance during the adaptation period shall be assessed by the competent authority.
5
The professional status of an applicant during the adaptation period shall be a matter for the competent authority.
24
1
An aptitude test means, in relation to the regulated profession which the applicant seeks to take up or pursue in the United Kingdom, a test of the applicant’s professional knowledge conducted by the competent authority with the aim of assessing the ability of the applicant to pursue that profession in the United Kingdom.
2
The test shall take into account that he is a qualified professional in another relevant European State.
3
The competent authority shall determine the matters to be covered by the aptitude test as follows:
a
the competent authority shall establish the subjects which, on the basis of a comparison between the education and training required for the practice of the profession required in the United Kingdom and that received by the applicant, have not been covered by the diploma or other evidence of formal qualifications possessed by the applicant;
b
the test shall cover subjects selected from those so established, the knowledge of which is essential for the pursuit of the regulated profession in the United Kingdom; and
c
the test may include knowledge of the relevant rules of professional conduct.
4
The detailed application of the aptitude test and the professional status of an applicant preparing for the aptitude test shall be a matter for the competent authority.
Conditions for compensation measures
25
1
A competent authority may, before authorising the applicant to practise the regulated profession in the United Kingdom, require him in the circumstances specified in paragraph (3) either (but not both) —
a
to complete an adaptation period of up to three years with a successful assessment, or
b
to take and pass an aptitude test.
2
If a competent authority intends to require the applicant to complete an adaptation period or take an aptitude test it must first examine whether the knowledge acquired by the applicant in the course of his professional experience in a relevant European State or in a third country is such that it fully or partly covers substantially different matters.
3
A competent authority may require the applicant to complete successfully an adaptation period or pass an aptitude test if:
a
the duration of education and training of which he provides evidence, under paragraphs (1), (2), (3) or (4) of regulation 22, is at least one year shorter than that required by the regulated profession in the United Kingdom;
b
the education and training he has received covers substantially different matters than those covered by the evidence of formal qualifications required for the regulated profession in the United Kingdom; or
c
the regulated profession in the United Kingdom:
i
comprises one or more regulated professional activities which do not exist in the profession in the applicant’s home State, and
ii
that difference consists in specific training which is required by the regulated profession and which covers substantially different matters from those covered by the applicant’s attestation of competence or evidence of formal qualifications.
4
In this regulation, “substantially different matters” means matters of which knowledge is essential for pursuing the profession and with regard to which the training received by the applicant shows important differences in terms of duration or content from the training required in the United Kingdom.
26
Where a requirement is imposed under regulation 25(1), the choice between an adaptation period and aptitude test shall be that of the applicant except:
a
in the regulated professions set out in the first column of the table in Part 1 of Schedule 3, whose pursuit requires precise knowledge of national law and in respect of which the provision of advice and/or assistance concerning national law is an essential and constant aspect of the professional activity, where the requirements set out in the second column of that table in respect of each profession shall apply, or
b
in cases specified in —
i
regulation 3(9)(a) and (b),
ii
regulation 3(9)(c) concerning only doctors and dental practitioners,
iii
regulation 3(9)(d), where the applicant is a specialist nurse without training as a general nurse and seeks recognition in the United Kingdom where the relevant professional activities are pursued by nurses responsible for general care or specialised nurses holding evidence of formal qualifications as a specialist which follows the training leading to the possession of the titles listed in Annex V, point 5.2.2, or
iv
regulation 3(9)(e),
where for each of the professions set out in the first column of the table in Part 2 of Schedule 3, the requirements set out in the second column of that table shall apply.
27
1
A competent authority shall waive the application of an aptitude test or adaptation period under regulation 25 where the applicant’s professional qualifications satisfy the criteria established in a common platform.
2
In paragraph 1, “common platform” means a set of criteria of professional qualifications which are suitable for compensation for substantial differences which have been identified between the training requirements existing in relevant European States for a given profession and which have been adopted as a measure in accordance with Article 15(2) of the Directive.
CHAPTER 2
RECOGNITION OF PROFESSIONAL EXPERIENCE
Automatic Recognition
28
Where an applicant applies for recognition, a competent authority shall recognise, by way of a certificate in accordance with Annex VII (1)(c) of the Directive, previous pursuit of one of the activities listed in Part 3 of Schedule 1 in another relevant European State as sufficient proof of knowledge and aptitudes where the previous pursuit of that activity is in accordance with Schedule 4.
CHAPTER 3
UNITED KINGDOM CERTIFICATES OF EXPERIENCE
Issue and revocation of Certificates of Experience
29
1
The Secretary of State shall delegate to ECCTIS Limited the function of issuing a certificate, to be called a “Certificate of Experience”.
2
A Certificate of Experience shall be issued to a person from a relevant European State who makes an application to ECCTIS Limited for the issue of such a certificate in respect of a relevant activity and satisfies ECCTIS Limited as to his relevant experience and qualifications gained in the United Kingdom as set out in Schedule 4.
3
For the purpose of this regulation, a relevant activity is an activity which falls within the lists of activities set out in Annex IV of the Directive.
30
1
Where the Secretary of State is satisfied that —
a
a certificate was issued in reliance upon a false or fraudulent representation or declaration, either orally or in writing, or
b
information in reliance upon which a certificate has been issued is not correct or is not correct in a material particular and that the experience or qualifications to which the certificate attests have not been attained,
he may revoke the certificate by notice in writing sent to the person named in the certificate, subject to paragraphs (2) and (3).
2
Before revoking the certificate the Secretary of State shall use reasonable endeavours to serve on the person named in the certificate a notice —
a
specifying that the Secretary of State is minded to revoke the certificate;
b
specifying the false or fraudulent representations or declarations or the incorrect information upon which a certificate has been issued;
c
specifying the effect of the matters set out in sub-paragraph (b) on the truth of the certificate; and
d
inviting that person within a reasonable period of not less than 28 days to submit representations in writing as to —
i
the relevance of the false or fraudulent representations or declarations in relation to the certificate or the matters to which it attests; and
ii
any other reason and why the Secretary of State should not revoke the certificate.
3
The Secretary of State shall consider any representation submitted within the period specified in the notice.
CHAPTER 4
COMMON PROVISIONS ON ESTABLISHMENT
Documentation and formalities
31
1
When considering an application for authorisation to pursue a regulated profession, the competent authority may in accordance with the provisions of Annex VII of the Directive:
a
demand the documents and certificates listed in that Annex, and
b
invite the applicant to provide information concerning his training to the extent necessary in order to determine the existence of potential substantial differences with the training requirements in the United Kingdom, or if it is impossible for the applicant to provide such information, shall address the contact point, the competent authority or any other relevant body in the home State.
2
The documents referred to in point 1(d), (e) and (f) of Annex VII, shall not be more than three months old by the date on which they are submitted.
3
The competent authority shall keep confidential all such information received by it.
32
1
A competent authority, in cases of justified doubt, may require from a competent authority of a relevant European State confirmation of the authenticity of the attestations and evidence of formal qualifications awarded in that other relevant European State.
2
A competent authority, in cases of justified doubt, shall be entitled, where evidence of formal qualifications has been issued by a competent authority of a relevant European State, and includes training received in whole or in part in an establishment legally established in a relevant European State other than that which awarded the qualification, to verify with a competent authority of the relevant European State of origin of the award —
a
whether the training course at the establishment which gave the training has been formally certified by the educational establishment in the relevant European State of origin of the award;
b
whether the evidence of formal qualifications issued is the same as that which would have been awarded if the course had been followed in the relevant European State of origin of the award; and
c
whether the evidence of formal qualifications confers the same professional rights in the territory of the relevant European State of origin of the award.
33
Where an applicant is required to swear a solemn oath or make a sworn statement, the form of which is such that it cannot be taken or made by applicants of another relevant European State, the competent authority shall ensure that an appropriate equivalent form of oath or declaration is available for those applicants.
Decisions of competent authorities
34
1
The competent authority shall acknowledge receipt of an applicant’s application to establish himself in the United Kingdom pursuant to Part 3 of these Regulations within one month of receipt, and shall inform the applicant if any document is missing.
2
The competent authority shall consider the applicant’s application as soon as is reasonably practicable, and shall notify him of its decision together with the reasons upon which it is based —
a
within four months, for applications under Chapter 1 of this Part, or
b
within three months, for applications under Chapter 2 of this Part
of receipt of all the relevant documentation.
3
For the purposes of this regulation, if a competent authority fails to take a decision and notify it to the applicant within the period mentioned in paragraph (2), it shall be deemed to have taken a decision to reject his application and to have notified it to him on the last day of that period.
Use of professional titles
35
1
If the use of a professional title relating to one of the activities of the profession in question is regulated in the United Kingdom, applicants who are authorised to practise a regulated profession in accordance with this Part of these Regulations shall use the professional title used in the United Kingdom which corresponds to that profession, and make use of any associated initials.
2
Where a profession is regulated in the United Kingdom by a professional association, applicants shall not be authorised to use the professional title issued by that professional association, or its abbreviated form, unless they furnish proof that they are members of that professional association.
3
A professional association that makes membership contingent upon certain qualifications may do so only under the conditions laid down in these Regulations in respect of applicants who possess professional qualifications.
PART 4 SUPPLEMENTARY
Appeals
36
1
Within four months of the notification to him of any decision of a competent authority made in relation to the applicant under Part 3 or regulation 9(2), or thereafter with the leave of the appropriate appeal body, the applicant may appeal against that decision on a matter of law or fact (or of both) to the appropriate appeal body.
2
This regulation shall not apply in relation to any decision of a competent authority for a particular profession where the right of appeal to a body, other than a competent authority, in relation to that decision is provided for in another enactment relating to that profession.
3
An appropriate appeal body may, for the purpose of determining any appeal under these Regulations against the decision of a competent authority —
a
give any authorisation to practise and impose any condition which the competent authority could give or impose in relation to that profession; or
b
remit the matter to the competent authority with such directions as the appeal body sees fit.
4
In this regulation, “the appropriate appeal body” means —
a
where the profession concerned is one set out in the first column of an entry in Schedule 5, the court, tribunal or other person set out in the second column of that entry;
b
in any other case, the county court or, in Scotland, the sheriff.
Use of academic titles
37
1
Without prejudice to regulations 13 and 35, an applicant shall have the right to use the lawful academic title (and where appropriate the abbreviation thereof) acquired by him in his home State and in the language of that State.
2
Where the applicant makes use of the possibility provided for in paragraph (1), the competent authority may require that the title shall be followed by the name and location of the establishment or examining board which awarded it.
3
Where a competent authority decides that an academic title in paragraph (1) is liable to be confused with a title which, in the United Kingdom, requires supplementary training not acquired by the applicant, it may require the applicant to use the academic title of the home State in an appropriate form laid down by the competent authority.
Information from competent authorities
38
1
Competent authorities shall provide the Secretary of State with such information (including statistical information) as the Secretary of State may require concerning applications made to those authorities by those seeking to rely on the provisions of the Directive and the actions and decisions taken in respect of those applications.
2
Following a request by the European Commission, a competent authority shall inform the Secretary of State of the results of any enquiries referred to in regulation 5(7)(b) with which it is dealing within two months of the date on which the competent authority receives such a request.
Revocations and savings
39
The Regulations set out in the first column of Schedule 6 are hereby revoked to the extent expressed in the third column of that Schedule.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
27th September 2007


text:
Citation and commencement
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in English) (England) (Amendment) Order 2007 and comes into force on 31 st August 2007.
Amendment of S.I. 2000/1604
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in English) (England) Order 2000 is amended as follows —
a
for article 3 substitute the following —
3
1
The attainment targets and programmes of study specified for the purposes of the National Curriculum for the first, second, third and fourth key stages for the foundation subject of English are the attainment targets and programmes of study specified in the Document as amended by this order, and it is directed that the Document as amended has effect for those purposes.
2
The provisions of the Document relating to the first key stage entitled “En2 Reading” are to have effect as amended in the Schedule to this Order.
; and
b
insert the Schedule set out in the Schedule to this Order.
Andrew Adonis
Parliamentary Under Secretary of State
Department for Education and Skills
25th June 2007


text:
Citation, commencement and effect
1
1
This Order may be cited as the Capital Allowances (Leases of Background Plant or Machinery for a Building) Order 2007 and comes into force on 28th February 2007.
2
This Order has effect in relation to times on and after 1st April 2006.
Examples of background plant or machinery
2
1
The descriptions of plant or machinery in paragraph (2) are prescribed examples of the kinds of plant or machinery that may be regarded as falling within the definition of background plant or machinery for a building in determining whether any particular plant or machinery does or does not fall within that definition.
2
The descriptions of plant or machinery are —
a
heating and air conditioning installations,
b
ceilings which are part of an air conditioning system,
c
hot water installations,
d
electrical installations that provide power to a building, such as high and low voltage switchgear, all sub-mains distribution systems and standby generators,
e
mechanisms, including automatic control systems, for opening and closing doors, windows and vents,
f
escalators and passenger lifts,
g
window cleaning installations,
h
fittings such as fitted cupboards, blinds, curtains and associated mechanical equipment,
i
demountable partitions,
j
protective installations such as lightning protection, sprinkler and other equipment for containing or fighting fires, fire alarm systems and fire escapes, and
k
building management systems.
3
This article is subject to article 4.
Plant or machinery deemed to be background plant or machinery
3
1
The following descriptions of plant or machinery are deemed to be background plant or machinery.
2
The descriptions of plant or machinery are —
a
lighting installations including all fixed light fittings and emergency lighting systems,
b
telephone, audio-visual and data installations incidental to the occupation of the building,
c
computer networking facilities incidental to the occupation of the building,
d
sanitary appliances and other bathroom fittings including hand driers, counters, partitions, mirrors, shower and locker facilities,
e
kitchen and catering facilities for producing and storing food and drink for the occupants of the building,
f
fixed seating,
g
signs,
h
public address systems, and
i
intruder alarm systems and other security equipment including surveillance equipment.
Plant or machinery deemed not to be background plant or machinery
4
1
The following descriptions of plant or machinery are deemed not to be background plant or machinery.
2
The descriptions of plant or machinery are plant or machinery used for any of the purposes in paragraph (3).
3
The purposes are —
a
storing, moving or displaying goods to be sold in the course of a trade, whether wholesale or retail,
b
manufacturing goods or materials,
c
subjecting goods or materials to a process,
d
storing goods or materials —
i
which are to be used in the manufacture of other goods or materials,
ii
which are to be subjected, in the course of a trade, to a process,
iii
which, having been manufactured or produced or subjected in the course of a trade to a process, have not yet been delivered to any purchaser, or
iv
on their arrival in the United Kingdom from a place outside the United Kingdom.
4
This article is subject to article 3.
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
6th February 2007


text:
Citation and commencement
1
1
These Regulations may be cited as the Civil Enforcement Officers (Wearing of Uniforms) (England) Regulations 2007 and shall come into force on 31st March 2008.
2
These Regulations apply only to England.
3
In these Regulations “the 2004 Act ” means the Traffic Management Act 2004.
Specified functions
2
1
All functions conferred on civil enforcement officers by or under the enactments specified in paragraph (2) are specified for the purposes of section 76(3)(a) of the 2004 Act.
2
Those enactments are —
a
section 78(2)(a) and (b) of the 2004 Act;
b
section 79 of the 2004 Act; and
c
section 99 of the Road Traffic Regulation Act 1984 .
Signed by authority of the Secretary of State for Transport
Rosie Winterton
Minister of State,
Department for Transport
10th December 2007


text:
Citation and commencement
1
This Order may be cited as the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) (No. 3) Order 2007 and shall come into force on 25th June 2007.
Specification of approved local authorities
2
North Tyneside Metropolitan Borough Council is specified as an approved local authority for the purposes of section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions) .
Amendment to the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005
3
1
The Schedule to the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005 shall be amended as set out in paragraph (2).
2
After the row in the table relating to Norfolk County Council, insert the following row —
North Tyneside Metropolitan Borough Council S.I. 2007/1511
Signed by authority of the Secretary of State
G. Merron
Parliamentary Under Secretary of State
Department for Transport
23rd May 2007


text:
1
This Order may be cited as the A46 Trunk Road (A46/M40 Junction 15 (Longbridge) Bypass) Order 2007. and shall come into force on 1st February 2008.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the main new road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
ii
“the new trunk roads” means the main new road and the link roads;
iii
“the plan” means the plan folio numbered HA 10/MP/082 and marked “The A46 Trunk Road (A46/M40 Junction 15 (Longbridge) Bypass) Order 2007”, signed by authority of the Secretary of State for Transport and deposited at the DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
iv
“the link roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which connect the main new road with other highways or proposed highways at the places stated in that Schedule.
3
The main new road and the link roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for Transport
R Wallis
A Divisional Director Highways Agency
19th December 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Assisted Places) (Amendment) (England) Regulations 2007 and come into force on 1st September 2007.
2
These Regulations apply in relation to a school year beginning on or after that date.
3
These Regulations apply only in relation to England.
Amendment of the Education (Assisted Places) Regulations 1997
2
1
The Education (Assisted Places) Regulations 1997 are amended as follows.
2
In regulation 10(4) and (6), for “£1,625” substitute “£1,675” in each place where it appears.
3
In paragraph 1 of Schedule 2, for “£12,470” substitute “£12,864”.
4
For the table following paragraph 2(1) of Schedule 2 substitute the following table —
(1) Part of relevant income to which specified percentage applies (2) Only assisted pupil
(%)
(3) Each of two assisted pupils (%) (4) Each of three
assisted
pupils (%)
That part (if any) which exceeds £12,698 but does not exceed £13,808. 9 6.75 5.25 That part (if any) which exceeds £13,808 but does not exceed £14,935. 12 9 7 That part (if any) which exceeds £14,935 but does not exceed £17,169. 15 11.25 8.75 That part (if any) which exceeds £17,169 but does not exceed £20,616. 21 15.75 12.25 That part (if any) which exceeds £20,616 but does not exceed £25,110. 24 18 14 That part (if any) which exceeds £25,110. 33 24.75 19.25
Andrew Adonis
Parliamentary Under Secretary of State
Department for Children, Schools and Families
12th July 2007


text:
PART 1 Introduction
Title, application and commencement
1
These Regulations may be cited as the Cattle Identification Regulations 2007; they apply in England and come into force on 6th April 2007.
Interpretation
2
1
In these Regulations —
“cattle” means bovine animals, including bison and buffalo;
“cattle passport” means —
a cattle passport issued in England, Wales or Scotland under Article 6(1) of Regulation ( EC ) No. 1760/2000 ;
a cattle passport issued under the Cattle Passports Order 1996 ; or
a movement document issued under the Cattle (Identification of Older Animals) (England) Regulations 2000 or the equivalent measure in Scotland, Wales or Northern Ireland;
“holding” means any establishment, construction or, in the case of an open-air farm, any place in which cattle are held, kept or handled;
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Secretary of State or a local authority;
“keeper” means any person responsible for animals, whether on a permanent or temporary basis, including during transportation or at a market;
“local authority” means —
where there is only one principal council, that council;
in the City of London and in all London boroughs in relation to imported animals, the Common Council; otherwise
the county council.
“previous cattle tagging legislation” means —
the Cattle Identification Regulations 1998 ;
the Bovine Animals (Records, Identification and Movement) Order 1995 ;
the Bovine Animals (Identification, Marking and Breeding Records) Order 1990 ;
the Tuberculosis (England and Wales) Order 1984 ; and
the Tuberculosis (Scotland) Order 1984 ;
“Regulation (EC) No. 1760/2000 ” means Regulation (EC) No. 1760/2000 of the European Parliament and of the Council (establishing a system for the identification and registration of bovine animals and regarding the labelling of beef products and repealing Council Regulation (EC) No. 820/97 );
“valid”, in relation to a cattle passport, means a cattle passport that has been correctly completed and signed in the appropriate place by each keeper of the animal and where the identification number and description of the animal in the passport correlate to the ear tags and the animal.
2
Any approval, authorisation, licence, notice or registration issued under —
a
these Regulations,
b
Regulation (EC) No. 1760/2000 ;
c
Commission Regulation (EC) No. 911/2004 (implementing Regulation (EC) No 1760/2000 of the European Parliament and of the Council as regards ear tags, passports and holding registers ); or
d
Commission Regulation (EC) No. 644/2005 (authorising a special identification system for bovine animals kept for cultural and historical purposes on approved premises as provided for in Regulation (EC) No. 1760/2000 of the European Parliament and of the Council ),
must be in writing, may be made subject to conditions and may be amended or revoked by notice in writing at any time.
PART 2 Notification of holding
Notification of holdings
3
1
An occupier of a holding who begins to keep cattle on that holding, and any person who takes over the occupation of a holding where cattle are kept, must notify the Secretary of State within one month of —
a
his name and address; and
b
the address of the holding.
2
When he receives notification under paragraph (1) the Secretary of State must issue a herdmark for each holding.
3
The occupier must notify the Secretary of State of any change to the information in paragraph (1) within one month.
PART 3 Identification and registration of cattle
Ear tags
4
Schedule 1 (ear tags) has effect.
Registration of cattle
5
Schedule 2 (registration of cattle) has effect.
Cattle passports
6
Schedule 3 (cattle passports) has effect.
Notification of movements or death
7
Schedule 4 (notification of movements or death) has effect.
Records
8
Schedule 5 (records) has effect.
PART 4 General
Charging for information
9
The Secretary of State may make a reasonable charge for providing information that is stored in the database required by Article 5 of Regulation (EC) No. 1760/2000 and provided in accordance with the second paragraph of Article 3 of that Regulation.
Powers of inspectors
10
1
An inspector may, on producing a duly authenticated document showing his authority, if required, at all reasonable hours enter any land or premises for the purposes of ascertaining whether there is or has been any contravention of —
a
these Regulations;
b
Title I of Regulation (EC) No. 1760/2000 ;
c
Commission Regulation (EC) No. 494/98 (laying down detailed rules for the implementation of Council Regulation (EC) No. 820/97 as regards the application of minimum administrative sanctions in the framework of the system for the identification and registration of bovine animals );
d
Commission Regulation (EC) No. 509/1999 (concerning an extension of the maximum period laid down for the application of ear tags to bison );
e
Commission Regulation (EC) No. 911/2004 ; and
f
Commission Regulation (EC) No. 644/2005 ,
and in this regulation “premises” includes any place, installation, vehicle, ship, vessel, boat, craft, hovercraft or aircraft.
2
The power to enter premises only includes a power to enter domestic premises if they are being used in connection with the provisions in paragraph (1).
3
An inspector may carry out all checks and examinations necessary for the enforcement of the provisions in paragraph (1), and in particular may —
a
collect, pen and inspect any cattle, and may require the keeper to arrange for the collection, penning and securing of cattle;
b
take samples;
c
examine any records in whatever form, and take copies of those records;
d
remove and retain any records or documents (including passports) relating to these Regulations;
e
have access to, and inspect and check the operation of, any computer and any associated apparatus or material that is or has been used in connection with records, and may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require;
f
where records are kept by means of a computer, require the records to be produced in a form in which they may be taken away;
g
require production of any unused ear tags and record their numbers; and
h
take with him a representative of the European Commission or any other person he considers necessary.
Powers to restrict movements
11
In accordance with the second paragraph of Article 22(1) of Regulation (EC) No. 1760/2000 , an officer of the Secretary of State may serve a notice on a keeper of animals on a holding restricting the movement of cattle to or from the holding if he is satisfied that this is necessary for the proper enforcement of that Regulation, these Regulations, Commission Regulation (EC) No. 494/98 , No. 509/1999, No. 911/2004 or No. 644/2005, and any person who fails to comply with that notice is guilty of an offence.
Slaughter of unmarked animals
12
The Secretary of State is the veterinary authority and the competent authority for the purposes of Article 1(2) of Commission Regulation (EC) No. 494/98 .
Obstruction etc.
13
1
A person who —
a
obstructs any person acting in the execution of these Regulations;
b
without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information that that person may reasonably require of him for the purposes of his functions;
c
furnishes to any person acting in the execution of these Regulations any information that he knows to be false or misleading; or
d
fails to produce a passport, document or record when required to do so to any person acting under these Regulations,
is guilty of an offence.
2
Any person who provides false information in any notification made under these Regulations is guilty of an offence.
Offences by bodies corporate
14
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.
2
In this regulation “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
15
A person guilty of an offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Enforcement
16
1
These Regulations are enforced by the local authority.
2
The Secretary of State may direct in any particular case or class of case that he will enforce them instead.
Revocations
17
The following are revoked in England —
a
the Bovine Animals (Records, Identification and Movement) Order 1995 ;
b
the Cattle Identification Regulations 1998 ;
c
the Cattle Database Regulations 1998 ;
d
the Cattle Identification (Amendment) Regulations 1998 ;
e
the Cattle Identification (Amendment) Regulations 1999 ;
f
the Cattle (Identification of Older Animals) Regulations 2000 ;
g
the Cattle Database (Amendment) (England) Regulations 2002 ;
h
the Cattle (Identification of Older Animals) (Amendment) Regulations 2002 ;
i
the Cattle Identification (Amendment) Regulations 2006 ; and
j
the Cattle Database (Amendment) Regulations 2006 .
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
1st February 2007
We consent
Kevin Brennan
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
19th February 2007


text:
Citation and commencement
1
This Order may be cited as the Inspectors of Education, Children’s Services and Skills ( No. 4) Order 2007 and comes into force on 26th July 2007.
Appointment of Her Majesty’s Inspectors of Education, Children’s Services and Skills
2
The persons named in the Schedule to this Order are appointed Her Majesty’s Inspectors of Education, Children’s Services and Skills with effect from 1st September 2007.
Judith Simpson
Clerk of the Privy Council