text:
Citation and commencement
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 8) 2009 and shall come into force on 4th August 2009.
2
These Regulations shall have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 4th August 2009;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer traded securities which are not conditional, in relation to agreements made on or after 4th August 2009;
ii
in the case of agreements to transfer traded securities which are conditional, in relation to agreements where the condition is satisfied on or after that date.
Interpretation
2
1
In these Regulations —
“clearing participant” means a member of (a) EuroCCP who as such is permitted by the Rules of EuroCCP or (b) LCH.Clearnet Limited who as such is permitted by the Rules of LCH.Clearnet Limited or (c) X-CLEAR who as such is permitted by the Rules of X-CLEAR to clear transactions made on the Facility for a traded security and who may or may not also be a participant in the Facility;
“client” means a person who gives instructions to a non-clearing firm for traded securities to be sold on the Facility;
“EuroCCP” means European Central Counterparty Limited, a company which is a recognised clearing house under the Financial Services and Markets Act 2000 ;
“LCH.Clearnet Limited” is a company which is a recognised clearing house under the Financial Services and Markets Act 2000;
“X-CLEAR” means SIX X-CLEAR AG, a company which is a recognised clearing house under the Financial Services and Markets Act 2000;
“Facility” means the multilateral trading facility operated by Turquoise Services Limited, a company which is authorised to operate a multilateral trading facility for the purposes of Part IV of the Financial Services and Markets Act 2000;
“nominee” means a person whose business is or includes holding traded securities as a nominee for EuroCCP or LCH.Clearnet Limited or X-CLEAR acting in its capacity as a person providing clearing services in connection with a transaction made on the Facility, or as a nominee for a clearing participant (as the case may be);
“non-clearing firm” means a participant in the Facility other than a clearing participant;
“traded securities” means stocks and shares which are issued or raised by a company but does not include stocks and shares issued by a company not incorporated in the United Kingdom unless —
the stocks and shares are registered in a register kept in the United Kingdom by or on behalf of the company; or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a company incorporated in the United Kingdom.
Prescription of recognised investment exchange and recognised clearing houses
3
For the purposes of sections 116 and 117 of the Finance Act 1991 —
a
Turquoise Services Limited is prescribed as a recognised investment exchange; and
b
EuroCCP is prescribed as a recognised clearing house,
c
LCH.Clearnet Limited is prescribed as a recognised clearing house, and,
d
X-CLEAR is prescribed as a recognised clearing house.
Prescribed circumstances for the purposes of sections 116 and 117
4
1
In the circumstances prescribed by paragraph (2), a charge to stamp duty or stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a transaction made on the Facility, conditions A and B are met.
3
Condition A is that traded securities of a particular kind are issued or transferred, or agreed to be issued or transferred, from —
a
a clearing participant or a nominee of a clearing participant to another clearing participant or nominee,
b
a non-clearing firm or its client to a clearing participant or a nominee of a clearing participant,
c
a clearing participant or a nominee of a clearing participant to EuroCCP, LCH.Clearnet Limited or X-CLEAR, or to a nominee of either EuroCCP, LCH.Clearnet Limited or X-CLEAR.
d
a person other than a clearing participant to EuroCCP, LCH.Clearnet Limited or X-CLEAR or to a nominee of either EuroCCP, LCH.Clearnet Limited or X-CLEAR as a result of a failure by a clearing participant to fulfil his obligations in respect of the transaction concerned to transfer traded securities to EuroCCP, LCH.Clearnet Limited or X-CLEAR, or to a nominee of either EuroCCP, LCH.Clearnet Limited or X-CLEAR, or
e
EuroCCP, LCH.Clearnet Limited or X-CLEAR, or a nominee of either EuroCCP, LCH.Clearnet Limited or X-CLEAR to a clearing participant or a nominee of a clearing participant.
f
EuroCCP or a nominee of that clearing house to LCH.Clearnet Limited or X-CLEAR or a nominee of either clearing house, or
g
LCH.Clearnet Limited or a nominee of that clearing house to EuroCCP or X-CLEAR or a nominee of either clearing house.
h
X-CLEAR or a nominee of that clearing house to EuroCCP or LCH.Clearnet Limited or a nominee of either clearing house.
4
Condition B is that the person to whom those securities are agreed to be transferred under any of the agreements specified in paragraph (3) above (“the relevant agreement”) is required on receipt of those securities to transfer traded securities under a matching agreement to another person or, in the case of an agreement falling within sub-paragraph (3)(d), would have been so required if the failure referred to in that paragraph had not occurred.
5
In paragraph (4) —
a
“matching agreement” means an agreement under which —
i
the traded securities agreed to be transferred are of the same kind as the traded securities agreed to be transferred under the relevant agreement, and
ii
the number and transfer price of the traded securities agreed to be transferred are identical to the number and transfer price of the traded securities agreed to be transferred under the relevant agreement;
b
references to EuroCCP, LCH.Clearnet Limited or X-CLEAR are references to that clearing house in its capacity as a person providing clearing services in connection with a transaction made on the Facility;
c
references to a clearing participant are references to a clearing participant in its capacity as such.
Consequential provision
5
1
Traded securities which are the subject of an agreement specified in regulation 4(3) shall be dealt with by a clearing participant who is a party to the agreement in a separate designated account, and not otherwise.
2
In paragraph (1) “designated account” means an account designated by EuroCCP, LCH.Clearnet Limited or X-CLEAR for a clearing participant in connection with the traded securities concerned.
Revocation of the Stamp and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) (European Central Counterparty Limited and the Turquoise Multilateral Trading Facility) Regulations 2008 ( SI 2008/1814 )
6
The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) (European Central Counterparty Limited and the Turquoise Multilateral Trading Facility) Regulations 2008 ( SI 2008/1814 ) are hereby revoked as respects instruments and agreements referred to in regulation 1(2).
Tony Cunningham
Bob Blizzard
Two of the Lords Commissioners of Her Majesty’s Treasury
8th July 2009


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Agreements concluded under Article XXI GATS) Order 2009.
2
This Order shall come into force, in respect of each treaty specified in the Schedule to this Order, on the date on which the treaty enters into force for the United Kingdom. These dates will be notified in the London, Edinburgh and Belfast Gazettes.
3
The treaties specified in the Schedule to this Order are to be regarded as Community Treaties as defined in section 1(2) of the European Communities Act 1972.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and effect
1
1
This Order may be cited as the Corporation Tax Act 2009 (Amendment) Order 2009 and shall come into force on 18th November 2009.
2
The amendments made by this Order (other than article 6(7)(a) and (8)) shall be deemed to have come into force on 1st April 2009 and have effect —
a
for corporation tax purposes, for accounting periods ending on or after 1st April 2009, and
b
for income tax and capital gains tax purposes, for the tax year 2009-10 and subsequent tax years.
Amendment of the Finance Act 1973
2
In paragraph 4(1) of Schedule 15 to the Finance Act 1973 (territorial extension of charge to tax – supplementary provisions) for “or section 874 of the Income Tax (Trading and Other Income) Act 2005” substitute “, section 874 of the Income Tax (Trading and Other Income) Act 2005 or section 1313 of the Corporation Tax Act 2009”.
Amendment of the Income and Corporation Taxes Act 1988
3
1
The Income and Corporation Taxes Act 1988 is amended as follows.
2
In section 397(8)(c) (restriction of loss relief in case of farming and market gardening) for sub-paragraphs (i) and (ii) substitute —
i
immediately before the change, the trade is carried on by persons who include a company and after the change, no company that carried on the trade in partnership immediately before the change continues to carry it on in partnership, or
ii
immediately before the change, no company carries on the trade in partnership, and immediately after the change, the trade is carried on in partnership by persons who include a company.
.
3
In section 785ZB(4) (section 785ZA: definitions) for the words from “the business” to the end substitute “the business the profits or losses of which are determined, in relation to the company, under section 1259 of CTA 2009 (calculation of firm’s profits and losses).”.
4
In section 830 (territorial sea and designated areas) —
a
in subsection (1) omit “(including the following provisions of this section)”, and
b
in the title omit “and designated areas”.
Amendment of the Taxation of Chargeable Gains Act 1992
4
In section 151F(3) of the Taxation of Chargeable Gains Act 1992 (treatment of alternative finance arrangements) after “this Act” insert “or the Tax Acts”.
Amendment of the Income Tax Act 2007
5
In section 276(2) of the Income Tax Act 2007 (conditions relating to income) for “Chapter 2 of Part 4 of FA 1996” substitute “Part 5 of CTA 2009”.
Amendment of the Corporation Tax Act 2009
6
1
The Corporation Tax Act 2009 is amended as follows.
2
In section 383(8) (lending between partners and the partnership) for “this section” substitute “subsection (7) (but see section 840 of ICTA for the meaning of “control” in subsection (3))”.
3
In section 514(4) (exclusion of alternative finance return from consideration for sale of assets) for “Corporation Tax Acts” substitute “Tax Acts or TCGA 1992”.
4
In section 518(2) (investment bond arrangements: treatment as securities) —
a
omit the word “and” at the end of paragraph (a), and
b
after paragraph (b) insert —
, and
c
the bond-issuer is to be treated for the purposes of section 84 of FA 2005 (taxation of securitisation companies) as being party as debtor to a capital market arrangement.
.
5
In section 549(4) (meaning of debtor quasi-repo) after “borrower” insert “or any other person”.
6
In section 695(9) (transfers of value to connected companies) after “control of — ” insert —
za
the Crown,
.
7
In Schedule 2 (transitionals and savings) —
a
in paragraph 71(1)(f) (prospective repeal of provisions concerning exchange gains and losses from loan relationships) for “section 151F” substitute “section 151E”,
b
in the italic cross-heading before paragraph 73 for “6 April 2005” substitute “certain dates”,
c
for paragraph 73(1) substitute —
1
Chapter 6 of Part 6 (alternative finance arrangements) does not apply to purchase and resale arrangements entered into before 6 April 2005.
1A
That Chapter only applies to deposit arrangements entered into before that date (“pre-6 April 2005 arrangements”) if they are relevant deposit arrangements and then only so far as provided by this paragraph.
,
d
omit the italic cross-heading before paragraph 74,
e
for paragraph 74(1) substitute —
1
Chapter 6 of Part 6 (alternative finance arrangements) does not apply to diminishing shared ownership arrangements entered into before 1 April 2006.
1A
That Chapter only applies to profit share agency arrangements entered into before that date (“pre-1 April 2006 arrangements”) if they are relevant profit share agency arrangements and then only so far as provided by this paragraph.
, and
f
omit the italic cross-heading before paragraph 75.
8
In Part 2 of Schedule 3 (prospective repeals) for “Section 151F.” substitute “Section 151E.”.
9
In Schedule 4 (index of defined expressions) —
a
in the first entry relating to “control”, omit “Part 5,”, and
b
omit the entry relating to “control” in Part 5.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
26th October 2009


text:
Citation and application
1
1
These Regulations may be cited as the Accounts and Audit (Amendment No. 2) (England) Regulations 2009.
2
These Regulations apply to relevant bodies in England only.
Commencement
2
1
Subject to paragraph (3), these Regulations come into force on 31 st March 2010.
2
Paragraph (3) applies where, by virtue of an agreement entered into before, and continuing in force until on or after the date on which these Regulations are made, between a relevant body and —
a
a senior employee, or
b
a relevant police officer,
there is a duty of confidentiality owed by the relevant body in relation to the remuneration paid to or received by the senior employee or relevant police officer.
3
Where this paragraph applies, the amendments made by regulation 4 of these Regulations to regulation 7 of the Accounts and Audit Regulations 2003 do not come into force until 1 st April 2010, in so far as those amendments would require a breach of the duty of confidentiality owed by the relevant body, under the agreement by virtue of which this paragraph applies, in relation to remuneration to be included in the accounts of the relevant body.
4
In this regulation, “senior employee”, “relevant police officer” and “remuneration” have the meaning given to those expressions by paragraph (2A) which is inserted into regulation 7 of the Accounts and Audit Regulations 2003 by regulation 3 of these Regulations.
Amendment of the Accounts and Audit Regulations 2003
3
The Accounts and Audit Regulations 2003 are amended as set out in regulation 4 .
Declaration of remuneration
4
1
Regulation 7 (statement of accounts) is amended as follows.
2
At the end of paragraph (2)(a), remove “and”.
3
In paragraph (2)(b) —
a
at the beginning insert “except in relation to persons to whom paragraph (c) applies, ”;
b
after “employees”, insert “or senior police officers”;
c
for “£10,000” substitute “£5,000”; and
d
omit the words occurring after “£50,000;”.
4
After paragraph (2)(b), insert —
c
the remuneration, set out according to the categories listed in paragraph (d), by the relevant body during the relevant financial year of —
i
senior employees, or
ii
relevant police officers,
in respect of their employment by the relevant body or in their capacity as a police officer, whether on a permanent or temporary basis, to be listed individually in relation to such persons who must nevertheless be identified by way of job title only (except for persons whose salary is £150,000 or more per year, who must also be identified by name).
d
the categories are:
i
the total amount of salary, fees or allowances paid to or receivable by the person in the current and previous financial year;
ii
the total amount of bonuses so paid or receivable in the current and previous financial year;
iii
the total amount of sums paid by way of expenses allowance that are chargeable to United Kingdom income tax, and were paid to or receivable by the person;
iv
the total amount of any compensation for loss of employment paid to or receivable by the person, and any other payments made to or receivable by the person in connection with the termination of their employment by the relevant body, or, in the case of a relevant police officer, the total amount of any payment made to a relevant police officer who ceases to hold office before the end of a fixed term appointment;
v
the relevant body’s contribution to the person’s pension;
vi
the total estimated value of any benefits received by the person otherwise than in cash that do not fall within (i) to (iv) above, are emoluments of the person, and are received by the person in respect of their employment by the relevant body or in their capacity as a police officer; and
vii
in relation to relevant police officers, any payments, whether made under the Police Regulations 2003 or otherwise, which do not fall within (i) to (vi) above.
2A
In this regulation —
“contribution to the person’s pension” means an amount to be calculated as follows —
in relation to contributions to the local government pension scheme established under section 7 of the Superannuation Act 1972 , the sum of —
the common rate of employer’s contribution specified in a rates and adjustments certificate prepared under regulation 36 (actuarial valuations and certificates) of the Local Government Pension Scheme (Administration) Regulations 2008 , being the amount appropriate for that body calculated in accordance with the certificate and regulation 39(4) (employer’s contributions) of those Regulations, multiplied by the person’s pensionable pay; and
if applicable, the appropriate sum within the meaning of regulation 40 (employer’s payment following resolution to increase membership or award additional pension) of those Regulations;
in relation to contributions to the firefighters’ pension scheme established under the Fire Services Acts 1947 and 1959 , the percentage of the aggregate of the pensionable pay calculated for the purposes of paragraph G2(3) and (4) of Schedule 2 to the Firemens’ Pension Scheme Order 1992 , multiplied by the person’s pensionable pay;
in relation to contributions to the firefighters’ pension scheme established under the Fire and Rescue Services Act 2004 , the percentage of the aggregate of the pensionable pay calculated for the purposes of paragraphs (2) and (3) of Rule 2 of Part 13 of Schedule 1 to the Firefighters’ Pension Scheme (England) Order 2006 , multiplied by the person’s pensionable pay;
in relation to contributions to police pension schemes established under the Police Pensions Regulations 1987 or the Police Pensions Regulations 2006 , the percentage of pensionable pay specified in regulation 5(1) of the Police Pension Fund Regulations 2007 , multiplied by the person’s pensionable pay;
“employee” includes a member of the relevant body, and a holder of an office under the relevant body, but does not include a person who is an elected councillor, and “employment” is to be construed accordingly;
“relevant police officer” means —
in relation to a police force maintained under section 2 of the Police Act 1996 , the chief constable,
in relation to the metropolitan police force, the Commissioner of Police of the Metropolis,
in relation to the City of London police force, the Commissioner of Police for the City of London, and
any other senior police officer whose salary is £150,000 per year or more;
“remuneration” means all amounts paid to or receivable by a person, and includes sums due by way of expenses allowance (so far as those sums are chargeable to United Kingdom income tax), and the estimated money value of any other benefits received by an employee otherwise than in cash;
“senior employee” means an employee whose salary is £150,000 or more per year, or an employee whose salary is £50,000 or more per year (to be calculated pro rata for an employee employed for fewer than the usual full time hours for the relevant body concerned) who falls within at least one of the following categories —
a person employed by a relevant body to which section 2 of the Local Government and Housing Act 1989 applies who —
has been designated as head of paid service under section 4 of that Act;
is a statutory chief officer within the meaning of section 2(6) of that Act; or
is a non-statutory chief officer within the meaning of section 2(7) of that Act;
the person who is the head of staff for any relevant body to which section 4 of the Local Government and Housing Act 1989 does not apply; or
a person who has responsibility for the management of the relevant body to the extent that the person has power to direct or control the major activities of the body (in particular activities involving the expenditure of money), whether solely or collectively with other persons; and
“senior police officer” means a member of a police force holding a rank above that of superintendent.
.
Signed by authority of the Secretary of State for Communities and Local Government
Rosie Winterton
Minister of State
Department for Communities and Local Government
16th December 2009


text:
PART 1 General
Title, commencement and application
1
1
These Regulations may be cited as the Eggs and Chicks (England) Regulations 2009 and come into force on 14 th September 2009.
2
They apply in England only.
Revocation
2
The Eggs and Chicks (England) Regulations 2008 Regulations are revoked.
Interpretation
3
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“authorised officer” means any person who has written authority from an enforcement authority to act in matters arising under or in relation to the Act or these Regulations;
“breeding establishment” has the meaning given by Article 1(3)(b) of Commission Regulation (EC) No 617/2008 ;
“chicks” has the meaning given by Article 1(2) of Commission Regulation (EC) No 617/2008 ;
“ Commission Regulation (EC) No 589/2008 ” means Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs, as amended from time to time;
“ Commission Regulation (EC) No 617/2008 ” means Commission Regulation (EC) No 617/2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs for hatching and farmyard poultry chicks, as amended from time to time;
“Council Directive 1999/74/ EC ” means Council Directive 1999/74/EC laying down minimum standards for the protection of laying hens;
“Directive 2000/13/EC ” means Directive 2000/13/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs;
“door-to-door selling” means a sale which is made during an unsolicited visit by a producer to the final consumer’s home, or to the home of another person, or to the final consumer’s place of work;
“eggs” has the meaning given by sub-paragraph (k) of the second paragraph of Article 1 of Commission Regulation (EC) No 589/2008 ;
“eggs for hatching” has the meaning given by Article 1(1) of Commission Regulation (EC) No 617/2008 ;
“enforcement authority” means an authority exercising a function conferred on it by regulation 17 ;
“final consumer” has the meaning given by sub-paragraph (r) of the second paragraph of Article 1 of Commission Regulation (EC) No 589/2008 ;
“food authority” means —
a county council;
a metropolitan district council;
a non-metropolitan district council for an area for which there is no county council;
a London borough council;
the Common Council of the City of London (in their capacity as a local authority); and
the Council of the Isles of Scilly;
“hatchery” has the meaning given by Article 1(3)(c) of Commission Regulation (EC) No 617/2008 ;
“local public market”, in relation to eggs laid at a production site, means —
a public market that is within an 80 kilometre radius of the boundary of the production site; or
where a public market is partly within an 80 kilometre radius of the boundary of the production site and partly outside an 80 kilometre radius of the boundary of the production site, the whole of that market;
“market”, when used as a noun, means —
a market or fair for which the right to hold it was acquired by virtue of a grant (including a presumed grant) or acquired or established by virtue of an enactment or subordinate legislation; and
a temporary market —
comprising of a concourse of buyers and sellers of articles held otherwise than in a building or on a highway, with not less than five stalls, stands, vehicles (whether moveable or not) or pitches from which articles are sold; and
for which any notice required under section 37(2) of the Local Government (Miscellaneous Provisions) Act 1982 has been given;
“officer” —
in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body; and
in relation to an unincorporated body, means any member of its governing body or a chief executive, manager or other similar officer of the body;
“packing centre” has the meaning given by sub-paragraph (q) of the second paragraph of Article 1 of Commission Regulation (EC) No 589/2008 ;
“pedigree breeding establishment” has the meaning given by Article 1(3)(a) of Commission Regulation (EC) No 617/2008 ;
“penalty” means the amount specified in a penalty notice;
“penalty notice” means a notice offering the opportunity, by payment of a specified amount in accordance with these Regulations, to discharge any liability to be convicted of the penalty offence to which the notice relates;
“penalty offence” means an offence for which a penalty notice may be given under regulation 30 ;
“production site” has the meaning given by sub-paragraph (p) of the second paragraph of Article 1 of Commission Regulation (EC) No 589/2008 ;
“region” means an electoral region listed in the table in Schedule 1 to the European Parliamentary Elections Act 2002 ;
“region of production”, in relation to eggs marketed by a producer direct to a final consumer by door-to-door selling or at a local public market, means —
where the production site at which those eggs are produced is in one region —
the area within a 80 kilometre radius of the boundary of the production site; and
any part of that region that is outside of that 80 kilometre radius of the boundary of the production site; and
where the production site at which those eggs are produced is partly in one region and partly in one or more other regions —
the area comprising of the area within a 80 kilometre mile radius of the boundary of the production site; and
any part of the largest region into which the site falls that is outside of the 80 kilometre radius of the boundary of the production site;
“Regulation (EC) No 2160/2003 ” means Regulation (EC) No 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents; and
“Single CMO Regulation” means Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), as amended from time to time.
2
Any expression which is not defined in paragraph (1) but is used in Part 2 of, or Schedule 1 to, these Regulations and in Part C of Annex XIV to the Single CMO Regulation has the same meaning in those provisions of these Regulations as it does in the Single CMO Regulation.
3
Any expression which is not defined in paragraph (1) but is used in Part 3 or 4 of, or Schedule 2 to, these Regulations and in Part A of Annex XIV to the Single CMO Regulation, or Commission Regulation (EC) No 589/2008 , has the same meaning in those provisions of these Regulations as it does in the EC Regulation in which it is used.
4
Any expression which is not defined in paragraph (1) but is used in Schedule 3 to these Regulations and in Regulation (EC) No 2160/2003 has the same meaning in Schedule 3 as it does in Regulation (EC) No 2160/2003 .
5
Any reference to a contravention of, or failure to comply with, any provision mentioned in Schedule 1 means a contravention of or failure to comply with —
a
any provision of the Single CMO Regulation mentioned in column 1 of Part 1 of Schedule 1, as read with any provision mentioned in any corresponding entry in column 2 of that Part; or
b
any provision of Commission Regulation (EC) No 617/2008 mentioned in column 1 of Part 2 of Schedule 1, as read with any provision mentioned in any corresponding entry in column 2 of that Part.
6
Any reference to a contravention of, or failure to comply with, any provision mentioned in Schedule 2 means a contravention of or failure to comply with —
a
any provision of the Single CMO Regulation mentioned in column 1 of Part 1 of Schedule 2, as read with any provision mentioned in any corresponding entry in column 2 of that Part; or
b
any provision of Commission Regulation (EC) No 589/2008 mentioned in column 1 of Part 2 of Schedule 2, as read with any provision mentioned in any corresponding entry in column 2 of that Part.
7
Any reference to a contravention of, or failure to comply with, any provision mentioned in Schedule 3 means a contravention of, or failure to comply with, any provision of Regulation (EC) No 2160/2003 mentioned in column 1 of Schedule 3, as read with any provision mentioned in the corresponding entry in column 2 of that Schedule.
PART 2 Eggs for hatching and chicks
Application of this Part
4
1
This Part applies to eggs for hatching and chicks to which point I(1) of Part C of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No 617/2008 apply.
2
But it does not apply to establishments and hatcheries of the type mentioned in point I(2) of Part C of Annex XIV to the Single CMO Regulation.
Compliance with Community provisions
5
A person is guilty of an offence if they contravene, or fail to comply with, any provision mentioned in Schedule 1.
Registration of pedigree breeding establishments, breeding establishments and hatcheries
6
1
The Secretary of State is designated as the competent authority for the purpose of Article 2(1) of Commission Regulation (EC) No 617/2008 (registration of pedigree breeding establishments, other breeding establishments and hatcheries).
2
Where an application is made to the Secretary of State pursuant to Article 2(1) of Commission Regulation (EC) No 617/2008 , the Secretary of State must give a notice to the applicant notifying them of the matters mentioned in paragraph (3) within a period of 28 days, beginning with the day after the day on which the Secretary of State receives the application.
3
The matters are —
a
the Secretary of State’s decision on the application;
b
the reasons for any refusal to grant the application; and
c
in the case of any refusal to grant the application, the right of appeal conferred by regulation 23 of these Regulations.
4
Where the Secretary of State is not satisfied that an application should be granted, the Secretary of State may (before making a final decision about whether or not to refuse the application) give a notice to the applicant notifying them of the reason for this, and —
a
where the Secretary of State is not satisfied with the sufficiency of the data provided in support of the application, the Secretary of State may ask the applicant to provide further data;
b
where the Secretary of State is not satisfied that all of the provisions mentioned in Schedule 1 that are relevant to the type of establishment to be registered will be complied with following the registration of that establishment, the Secretary of State may ask the applicant to take specified steps to ensure that those provisions will be complied with; and
c
the Secretary of State may give the applicant an opportunity to provide oral or written explanations to the Secretary of State in respect of the application.
5
Where the Secretary of State decides to withdraw a registration of a pedigree breeding establishment, other breeding establishment or hatchery because of a contravention of, or failure to comply with, any provision mentioned in Schedule 1, the Secretary of State must give a notice to the person carrying on business at the establishment concerned (“P”) notifying them of the matters mentioned in paragraph (6) .
6
The matters are —
a
the Secretary of State’s decision to withdraw the registration;
b
the date on which the withdrawal of the registration is to take effect;
c
the reasons for the withdrawal; and
d
the right of appeal conferred by regulation 23 of these Regulations.
7
Where the Secretary of State is minded to withdraw a registration of a pedigree breeding establishment, other breeding establishment or hatchery because of a contravention of, or failure to comply with, any provision mentioned in Schedule 1, the Secretary of State may (before making a final decision about whether or not to withdraw the registration) give a notice to P notifying them that the Secretary of State is minded to withdraw the registration, and the reasons for this, and —
a
where the contravention of, or failure to comply with, any provision mentioned in Schedule 1 is continuing, the Secretary of State may ask P to take specified steps to ensure that that provision is complied with; and
b
the Secretary of State may give P an opportunity to provide oral or written explanations to the Secretary of State in respect of the matter.
8
Where the Secretary of State gives a notice to an applicant under paragraph (4) , or to P under paragraph (7) , the Secretary of State must specify a deadline in the notice by which any action mentioned in the notice must be taken.
9
Any deadline given by the Secretary of State under this regulation may be extended on one or more occasions.
10
For the purposes of calculating the 28-day time limit mentioned in paragraph (2) , time does not run during any period that the Secretary of State gives to an applicant to take any action mentioned in a notice under paragraph (4) .
Derogation relating to the marking of eggs for hatching
7
1
Eggs for hatching may be marked with any abstract black mark, except for a spot, instead of being marked with the distinguishing number of the producer establishment (as otherwise required by Article 3(2) of Commission Regulation (EC) No 617/2008 ) if the conditions mentioned in paragraph (2) are complied with.
2
The conditions are that —
a
the mark is indelible, clearly visible and at least 10 mm² in area: and
b
the marking of the eggs is carried out prior to insertion into the incubator, either at the producer establishment or at a hatchery.
PART 3 Eggs in shell for consumption: general requirements
Application of this Part
8
1
This Part applies to eggs to which point I(1) of Part A of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No 589/2008 apply (eggs in shell for consumption produced by hens of the species Gallus gallus ).
2
But it does not apply —
a
to the sale of eggs to which point I(1) of Part A of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No 589/2008 apply, where the eggs are sold, without any quality or weight grading, directly to the final consumer by the producer —
i
on the production site; or
ii
by door-to-door selling in the region of production; or
b
except insofar as it relates to the requirement imposed by point III (3) of Part A of Annex XIV to the Single CMO Regulation, to the sale of eggs to which point I(1) of Part A of Annex XIV to that Regulation and Commission Regulation (EC) No 589/2008 apply, where the eggs are sold, without any quality or weight grading, directly to the final consumer by the producer in a local public market in the region of production.
Compliance with Community provisions
9
A person is guilty of an offence if they contravene, or fail to comply with, any provision mentioned in Schedule 2.
Authorisation of packing centres to grade eggs
10
1
The Secretary of State is designated as the competent authority for the purpose of the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No 589/2008 (authorisation of undertakings as packing centres to grade eggs).
2
Where an application is made to the Secretary of State under the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No 589/2008 to authorise an undertaking as a packing centre to grade eggs, the Secretary of State must give a notice to the applicant notifying them of the matters mentioned in paragraph (3) within a period of 28 days, beginning with the day after the day on which the Secretary of State receives the application.
3
The matters are —
a
the Secretary of State’s decision on the application;
b
the reasons for any refusal to grant an authorisation; and
c
in the case of any refusal to grant an authorisation, the right of appeal conferred by regulation 23 of these Regulations.
4
Where the Secretary of State is not satisfied that an application should be granted, the Secretary of State may (before making a final decision about whether or not to refuse the application) give a notice to the applicant notifying them of the reason for this and —
a
where the Secretary of State is not satisfied with the sufficiency of the data provided in support of the application, the Secretary of State may ask the applicant to provide further data;
b
where the Secretary of State is not satisfied that the requirements mentioned in the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No 589/2008 that are relevant to the type of packing centre to be authorised have been met, the Secretary of State may ask the applicant to comply with any outstanding requirement; and
c
the Secretary of State may give the applicant an opportunity to provide oral or written explanations to the Secretary of State in respect of the application.
5
Where the Secretary of State decides to withdraw an authorisation of a packing centre to grade eggs because of a failure to comply with any of the requirements mentioned in the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No 589/2008 , the Secretary of State must give a notice to the person carrying on business at the packing centre (“P”) notifying them of the matters mentioned in paragraph (6) within 28 days, beginning with the day on which the decision is made.
6
The matters are —
a
the Secretary of State’s decision to withdraw the authorisation;
b
the date on which the withdrawal of the authorisation is to take effect;
c
the reasons for the withdrawal; and
d
the right of appeal conferred by regulation 23 of these Regulations.
7
Where the Secretary of State is minded to withdraw the authorisation of a packing centre to grade eggs because of a failure to comply with any of the requirements mentioned in the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No 589/2008 , the Secretary of State may (before making a final decision about whether or not to withdraw the authorisation) give a notice to P notifying them that the Secretary of State is minded to withdraw the authorisation, and the reasons for this, and —
a
where the failure to comply with any of the requirements mentioned in the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No 589/2008 is continuing, the Secretary of State may ask P to take specified steps to ensure that those requirements are met; and
b
the Secretary of State may give P an opportunity to provide oral or written explanations to the Secretary of State in respect of the matter.
8
Where the Secretary of State gives a notice to an applicant under paragraph (4) , or to P under paragraph (7) , the Secretary of State must specify a deadline in the notice by which any action mentioned in the notice must be taken.
9
Any deadline given by the Secretary of State under this regulation may be extended on one or more occasions.
10
For the purposes of calculating the 28-day time limit mentioned in paragraph (2) , time does not run during any period that the Secretary of State gives to an applicant to take any action mentioned in a notice under paragraph (4) .
Derogations relating to the marking of eggs
11
1
The provision in the second sub-paragraph of point III(1) of Part A of Annex XIV to the Single CMO Regulation (requiring Class B eggs to be marked) does not apply where Class B eggs are to be marketed exclusively in the United Kingdom.
2
The provision in the first sub-paragraph of point III(3) of Part A of Annex XIV to the Single CMO Regulation (requiring eggs sold by a producer to a final consumer in a local public market in the region of production to be marked in accordance with point III(1) of Part A of Annex XIV to the Single CMO Regulation) does not apply in the case of a producer with up to 50 laying hens if the name and address of the producer are indicated at the point of sale.
3
But paragraphs (1) and (2) do not apply to eggs that must be considered as Class B eggs by virtue of paragraph (a) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No 2160/2003 .
Livestock grazing on open-air runs
12
For the purpose of paragraph (b) of the second sub-paragraph of point 1 of Annex II to Commission Regulation (EC) No 589/2008 (setting down the minimum requirements that need to be met in order for eggs to be marketed as free-range eggs), livestock grazing is authorised on open-air runs to which laying hens have access.
Derogation relating to free-range eggs
13
1
By way of derogation from the provisions of point 1 of Annex II to Commission Regulation (EC) No 589/2008 , eggs to which paragraph (2) applies may be marketed as free-range eggs.
2
This paragraph applies to eggs that have —
a
been produced in a system of production that does not comply with any one or more of the conditions mentioned in paragraph (3); and
b
been produced in an establishment —
i
with fewer than 350 laying hens at the time that the eggs are produced;
ii
rearing breeding laying hens at the time that the eggs are produced; or
iii
rearing breeding laying hens and with fewer than 350 laying hens at that time.
3
The conditions are the conditions in the following provisions of Article 4(1) of Council Directive 1999/74/EC —
a
the second sentence of point 1(d);
b
point 1(e);
c
point 2;
d
point 3(a)(i); and
e
point 3(b)(i).
4
It is for a person seeking to rely on paragraph (1) in order to market eggs as free-range eggs to prove that the eggs are eggs to which paragraph (2) applies.
Derogation relating to barn eggs
14
1
By way of derogation from the provisions of point 2 of Annex II to Commission Regulation (EC) No 589/2008 , eggs to which paragraph (2) applies may be marketed as barn eggs.
2
This paragraph applies to eggs that have —
a
been produced in a system of production that does not comply with any one or more of the conditions specified in paragraph (3); and
b
been produced in an establishment —
i
with fewer than 350 laying hens at the time that the eggs are produced;
ii
rearing breeding laying hens at the time that the eggs are produced; or
iii
rearing breeding laying hens and with fewer than 350 laying hens at that time.
3
The conditions are the conditions in the following provisions of Article 4(1) of Council Directive 1999/74/EC —
a
the second sentence of point 1(d);
b
point 1(e);
c
point 2;
d
point 3(a)(i); and
e
point 3(b)(i).
4
It is for a person seeking to rely on paragraph (1) in order to market eggs as barn eggs to prove that the eggs are eggs to which paragraph (2) applies.
PART 4 Eggs in shell for consumption: salmonella control related requirements
Application of this Part
15
This Part applies to eggs to which Regulation (EC) No 2160/2003 applies as read with the exception in Article 1(3) of Regulation (EC) No 2160/2003 .
Compliance with Community provisions
16
A person is guilty of an offence if they contravene, or fail to comply with, any provision mentioned in Schedule 3.
PART 5 Miscellaneous provisions
Enforcement
17
1
Each food authority must —
a
enforce the provisions mentioned in Schedule 2, as read with regulation 9 , and the provisions mentioned in Schedule 3, as read with regulation 16 , insofar as they apply to —
i
the retail sale of eggs within their area;
ii
the sale of eggs to a mass caterer in their area; and
iii
the use of eggs within their area.
b
enforce the provisions of regulation 20(3) and (4) in the case of a direction given by an authorised officer who is authorised by the food authority (“a food authority officer”);
c
enforce the provisions of regulation 20(6) in the case of a pack or container secured by a food authority officer;
d
enforce the provisions of regulation 20(11) and (12) in the case of the disturbance or removal of any item or computer equipment in contravention of the terms of a notice given by a food authority officer;
e
enforce the provisions of regulation 22(3) in the case of a compliance notice given by a food authority officer;
f
enforce the provisions of regulation 22(7) in the case of a compliance notice given by a food authority officer; and
g
enforce the provisions of regulation 26 in the case of an obstruction of a food authority officer.
2
The Secretary of State may enforce the provisions mentioned in Schedule 2, as read with regulation 9 , and the provisions mentioned in Schedule 3, as read with regulation 16 , insofar as they apply to the retail sale of eggs, the sale of eggs to a mass caterer or the use of eggs.
3
The Secretary of State must —
a
enforce the provisions mentioned in Schedule 1, as read with regulation 5 ;
b
enforce the provisions mentioned in Schedule 2, as read with regulation 9 , and the provisions mentioned in Schedule 3, as read with regulation 16 , insofar as they do not apply to the retail sale of eggs, the sale of eggs to a mass caterer or the use of eggs;
c
enforce the provisions of regulation 20(3) and (4) in the case of a direction given by an authorised officer who is authorised by the Secretary of State (“an officer of the Secretary of State”);
d
enforce the provisions of regulation 20(6) in the case of a pack or container secured by an officer of the Secretary of State;
e
enforce the provisions of regulation 20(11) and (12) in the case of the disturbance or removal of any item or computer equipment in contravention of the terms of a notice given by an officer of the Secretary of State;
f
enforce the provisions of regulation 22(3) in the case of a compliance notice given by an officer of the Secretary of State;
g
enforce the provisions of regulation 22(7) in the case of a compliance notice given by an officer of the Secretary of State;
h
enforce the provisions of regulation 24(4) ; and
i
enforce the provisions of regulation 26 in the case of an obstruction of an officer of the Secretary of State.
4
In this regulation —
“retail sale” means any sale other than a sale for use or resale in the course of a trade or business; and
“sale” includes possession for sale and offer, exposure and advertising for sale.
Duty to give assistance and provide information
18
1
The Secretary of State (“S”) must give any food authority such assistance and information as they may reasonably request for the purpose of helping them perform their duties under these Regulations, and S may share any other information obtained by S with any food authority (although not requested by the authority) for the purpose of helping them perform those duties.
2
In paragraph (1) “information” means information obtained by S as the competent authority designated by regulation 6(1) , as the competent authority designated by regulation 10(1) or as an enforcement authority.
3
S may use information obtained by S as the competent authority designated by regulation 6(1) , or as the competent authority designated by regulation 10(1) , for the purpose of helping S perform S’s duties as an enforcement authority under these Regulations.
4
S may use information obtained by S as an enforcement authority under these Regulations for the purpose of helping S perform S’s duties as the competent authority designated by regulation 6(1) or as the competent authority designated by regulation 10(1) .
5
Each food authority must give any other food authority or S such assistance and information as they may reasonably request for the purpose of helping them perform their duties under these Regulations, and each food authority may share any other information obtained by them as an enforcement authority with any other food authority or S (although not requested by the authority or S) for the purpose of helping them perform their duties under these Regulations.
6
In paragraph (5) “information” means information obtained by a food authority as an enforcement authority.
Powers of entry
19
1
An authorised officer may enter any premises at any reasonable hour for the purpose of ensuring that the provisions of these Regulations are being complied with.
2
The authorised officer may take with them —
a
such other persons as they consider necessary; and
b
any representative of the European Commission.
3
An authorised officer must not exercise the powers under paragraph (1) or (2) except on the production, if so required, of a duly authenticated document showing their authority.
4
Admission to any premises used only as a private dwellinghouse may not be demanded as of right unless 24 hours notice of the intended entry has been given to the occupier or the entry is in accordance with a warrant granted under this regulation.
5
If a justice of the peace, on sworn information in writing, is satisfied of the matters mentioned in paragraph (6) , they may sign a warrant permitting an authorised officer to enter any premises, if needs be by reasonable force.
6
The matters are that —
a
there are reasonable grounds for believing that Condition A or B is met; and
b
Condition C, D or E is met.
7
Condition A is that on the premises there are items of the type mentioned in regulation 20(1) (a) or documents or records of the type mentioned in regulation 20(1)(e) and that their inspection is likely to disclose evidence of a contravention of, or failure to comply with, these Regulations.
8
Condition B is that a contravention of, or failure to comply with, these Regulations has occurred, is occurring or is about to occur on those premises.
9
Condition C is that admission to the premises has been, or is likely to be, refused, and that the occupier has been informed (whether orally or in writing) that a warrant may be applied for.
10
Condition D is that admission to the premises has been, or is likely to be, refused, and informing the occupier that a warrant under this regulation may be applied for may defeat the object of the entry.
11
Condition E is that the premises are unoccupied or that the occupier is temporarily absent and it may defeat the object of the entry to await their return.
12
A warrant granted under paragraph (5) —
a
is valid for one month, beginning with the day on which it is granted; and
b
must be produced for inspection to the person (if there is one) who appears to the officer to be the occupier, or the person in charge, of the premises.
13
An authorised officer who enters any premises that are unoccupied or where the occupier is temporarily absent must leave the premises as effectively secured against unauthorised entry as when they found them.
14
An authorised officer may carry out an inspection at the request of another member State or the European Commission.
Powers of an authorised officer
20
1
An authorised officer (“O”) entering premises under regulation 19 may —
a
inspect the premises, and any plant, machinery or equipment on those premises, and any of the following items found on those premises —
i
eggs;
ii
eggs for hatching;
iii
packs or other containers for eggs, eggs for hatching or chicks; and
iv
labels relating to eggs, eggs for hatching or chicks;
b
search the premises;
c
take samples;
d
carry out any inquiries, examinations or tests;
e
have access to, and inspect and copy, any documents or records (in whatever form they are held) relating to matters covered by these Regulations, and remove them to enable them to be copied;
f
have access to, and inspect and check the data on, and operation of, any computer, and any associated electronic storage device or apparatus (“computer equipment”) that is, or has been in use in connection with, the documents or records mentioned in sub-paragraph (e) , including data relating to deleted files and activity logs; and for this purpose O may require any person having charge of, or otherwise concerned with the operation of, the computer equipment to afford to O such assistance (including the provision of passwords) as O may reasonably require, and, during the course of the checks, O may recover data held on the computer equipment; and
g
where a document or record mentioned in sub-paragraph (e) is kept by means of a computer, require the record to be produced in a form in which it may be taken away.
2
O may direct (“a regulation 20(2) direction”) a person (“P”) appearing to them to be in charge of the items or premises mentioned below that the following must be left undisturbed for as long as is reasonably necessary for the purpose of any examination or investigation —
a
any one or more of the items mentioned in paragraph (1) (a) (i) to (iv) ;
b
any document or record mentioned in paragraph (1) (e) ;
c
any computer equipment mentioned in paragraph (1) (f) ; and
d
any premises on or in which any of those items are found.
3
P is guilty of an offence if they fail to comply with a regulation 20(2) direction given to them by O.
4
A person, other than O and P, who knows about a regulation 20(2) direction is guilty of an offence if (although the direction was not given to them) they disturb any item or premises in contravention of the terms of the direction.
5
If an examination or investigation will not be carried out immediately after a direction has been given under paragraph (2) , O may apply tape to the packs or other containers for eggs or eggs for hatching that are subject to that direction, or otherwise secure them pending the examination or investigation.
6
A person who knows that packs or other containers for eggs or eggs for hatching have been taped or otherwise secured by O (pursuant to paragraph (5) ) is guilty of an offence if they interfere with any of those packs or containers unless authorised to do so, in writing, by O.
7
O may seize and detain any item of the type mentioned in paragraph (1) (a) (i) to (iv) or document or record mentioned in paragraph (1) (e) that O has reason to believe may be required as evidence in proceedings under these Regulations.
8
O may seize as liable to destruction any item of the type mentioned in paragraph (1) (a) (i) to (iv) that O reasonably believes contravenes any provision of these Regulations.
9
O may seize any computer equipment for the purpose of copying documents or records of the type mentioned in paragraph (1) (e) , and for checking the data on, and operation of, any computer equipment that is, or has been, in use in connection with, those documents or records (and in doing so may recover data), provided it is returned as soon as practicable and, in any event, within 28 days, beginning with the day on which the equipment is seized.
10
If O is not able to remove an item or computer equipment seized under paragraph (7) , (8) or (9) immediately, they may —
a
mark it in any way that they see fit; and
b
give the person (“P”) appearing to them to be in charge of the item or computer equipment a notice (“a regulation 20(10) notice”) —
i
identifying it;
ii
requiring the item or computer equipment to be left undisturbed until it is collected by O; and
iii
prohibiting the removal of the item or computer equipment from the premises on which it was found until it is collected by O.
11
P is guilty of an offence if they fail to comply with a regulation 20(10) notice given to them by O.
12
A person, other than O and P, who knows about a regulation 20(10) notice, is guilty of an offence if (although the notice was not given to them) they disturb or remove an item or computer equipment in contravention of the terms of the notice.
13
O must not exercise the powers under this regulation except on the production, if so required, of a duly authenticated document showing their authority.
14
In this regulation “premises” includes any place and any vehicle, trailer, stall or moveable structure.
Procedure on seizure
21
1
An authorised officer (“O”) must follow the procedures set out in this regulation if they seize anything under regulation 20 (7) , (8) or (9) .
2
O must give to the person appearing to O to be in charge of the premises from which the seized item or computer equipment is seized (“the premises”) a notice that must state —
a
what O has seized;
b
when O seized it;
c
the grounds for the seizure of the item or equipment; and
d
the address to which, and the period during which, a claim may be made for the return of the item or equipment.
3
But where the premises are unoccupied, or no-one appears to O to be in charge of the premises, O must attach a notice to a conspicuous part of the premises, or to some conspicuous object on the premises, containing the information mentioned in sub-paragraphs (a) to (d) of paragraph (2) .
4
A person having a proprietary interest in the seized item or computer equipment (including a creditor who has a debt secured on the item or computer equipment) may notify the enforcement authority of any claim that the seized item or equipment was not liable to seizure, setting out the grounds for the claim in full.
5
The claim must be made within 28 days of the seizure, beginning on the day on which the seized item or computer equipment is seized, to the address specified in the seizure notice.
6
If a notification of a claim is not received within 28 days in respect of an item seized under regulation 20(7) , the enforcement authority may retain the seized item for as long as necessary while it is being held for the purpose of any criminal investigation or proceedings or for use as evidence at a trial.
7
If a notification of a claim is received within 28 days in respect of an item seized under regulation 20(7) , the enforcement authority must —
a
return the seized item within 14 days, beginning with the day on which the claim is received; or
b
retain the seized item for as long as necessary while it is being held for the purpose of any criminal investigation or proceedings, or for use as evidence at a trial, but it must notify the claimant that the seized item is being retained, and of the reason why it is being retained within 14 days, beginning with the day on which the claim is received.
8
If a notification of a claim is not received within 28 days in respect of an item seized under regulation 20(8) , the enforcement authority may —
a
if a decision is taken by the enforcement authority not to destroy the seized item but to retain it for the purpose of any criminal investigation or proceedings, or for use as evidence at a trial, retain the seized item for as long as necessary for one of those purposes, but the enforcement authority must —
i
notify the relevant person that the seized item is being retained, and of the reason why it is being retained, within 14 days of the expiry of the claim period, beginning with the day after the claim period expires; or
ii
where the enforcement authority does not know who the relevant person is, and this cannot be ascertained after reasonable enquiries have been made by the enforcement authority, attach a notice to a conspicuous part of the premises, or a conspicuous object on those premises, within 14 days of the expiry of the claim period, beginning with the day after the claim period expires, stating that the seized item is being retained, and the reason why it is being retained; or
b
destroy the seized item within 28 days, beginning with the day after the 28 day claim period expires, if it reasonably believes that the item contravenes these Regulations, and —
i
notify the relevant person that the seized item has been destroyed within 14 days of its destruction, beginning with the day on which the item is destroyed (or the last day of its destruction where the destruction of the item takes place on more than one day); or
ii
where the enforcement authority does not know who the relevant person is, and this cannot be ascertained after reasonable enquiries have been made by the enforcement authority, attach a notice to a conspicuous part of the premises, or to a conspicuous object on those premises, within 14 days of the destruction of the item, beginning with the day on which the item is destroyed (or the last day of its destruction where the destruction of the item takes place on more than one day) stating that the seized item has been destroyed.
9
In paragraph (8) the “relevant person” means —
a
if the enforcement authority knows the identity of a person with a proprietary interest in the seized item, that person or (where they know the identity of more than one person with a proprietary interest in the seized item) each of those persons; or
b
if the enforcement authority does not know the identity of a person with a proprietary interest in the seized item, the person appearing to them to be in charge of the premises.
10
In the case of any item destroyed under paragraph (8) (b) , the enforcement authority may recover the following costs as a debt from any person who had a proprietary interest in the item immediately before its destruction (apart from a creditor who has a debt secured on the item) —
a
the costs of the removal and transport of the item from the premises to the place at which it is stored;
b
the costs of the storage of the item for up to 28 days;
c
any costs for the removal and transport of the item if it is moved from one place of storage to another place of storage;
d
the costs of the transport of the item from the place of storage to the place of destruction; and
e
the costs of the destruction of the item.
11
If a notification of a claim is received within 28 days in respect of an item seized under regulation 20(8) , the enforcement authority must —
a
return the seized item within 14 days, beginning with the day on which the claim is received;
b
if a decision is taken by the enforcement authority not to destroy the seized item but to retain it for the purpose of any criminal investigation or proceedings or for use as evidence at a trial, retain the item for as long as necessary for one of those purposes but the enforcement authority must notify the claimant that the seized item is being retained, and of the reason why it is being retained, within 14 days of the claim, beginning with the day on which the claim is received; or
c
within 14 days of the claim, beginning with the day on which the claim is received, take proceedings (“regulation 21(11)(c) proceedings”) in a magistrates’ court for an order giving them authority to destroy the item.
12
In regulation 21(11)(c) proceedings the magistrates’ court may —
a
authorise the enforcement authority to destroy the seized item;
b
authorise the enforcement authority to retain the item for the purpose of any criminal investigation or proceedings, or for use as evidence at a trial, for as long as necessary for one of those purposes; or
c
require the enforcement authority to return the item to the claimant and impose a deadline by which this must be done.
13
If, in regulation 21(11)(c) proceedings, the magistrates’ court authorises the enforcement authority to destroy the seized item, the court may also make an order requiring the claimant (but not a claimant who is a creditor with a debt secured on the item) to pay such of the following costs as the court may specify —
a
the costs of the removal and transport of the item from the premises to the place at which it is stored;
b
the costs of the storage of the item for up to 28 days;
c
any costs for the removal and transport of the item if it is moved from one place of storage to another place of storage;
d
the costs of the transport of the item from the place of storage to the place of destruction; and
e
the costs of the destruction of the item.
14
If a notification of a claim is received within 28 days in the case of any computer equipment seized under regulation 20(9) , the enforcement authority must —
a
return the seized computer equipment within seven days of the claim, beginning with the day on which the claim is received, or, if shorter, within the remainder of the maximum 28 day period provided for in regulation 20(9) ; or
b
take proceedings in a magistrates’ court within seven days of the claim, beginning with the day on which the claim is received unless there are seven days or less remaining before the expiry of the maximum 28 day period provided for in regulation 20(9) , for an order authorising the enforcement authority to retain the seized computer equipment in accordance with the requirements laid down in regulation 20(9) .
15
If, in the case of any computer equipment seized under regulation 20(9) , the magistrates’ court authorises the enforcement authority to retain the seized computer equipment, the court may impose conditions as to the basis on which the equipment may continue to be retained, including the imposition of a deadline by which the equipment must be returned that is shorter than the 28 day maximum period provided for in regulation 20(9) .
16
The procedure in a magistrates’ court under this regulation is by way of complaint and the Magistrates’ Courts Act 1980 applies to the proceedings.
Compliance notices
22
1
If an authorised officer (“O”) has reasonable grounds for believing that any person (“P”) is failing to comply with these Regulations, O may, by notice (a “regulation 22(1) compliance notice”), require P to take such steps as O may specify (or steps at least equivalent to them), within such period as O may specify, to secure that the non-compliance does not continue or recur.
2
A regulation 22(1) compliance notice must —
a
state O’s grounds for their belief;
b
specify the matters that constitute the failure to comply with these Regulations;
c
specify what P must stop doing, or the measures that, in O’s opinion, P must take in order to comply with these Regulations;
d
require P to stop doing the action specified in the notice, or take the measures specified in the notice, or measures at least equivalent to them, within the period mentioned in the notice;
e
inform P of their right of appeal to a magistrates’ court conferred by regulation 23 ; and
f
inform P of the period within which such an appeal may be brought.
3
A person is guilty of an offence if they fail to comply with a regulation 22(1) compliance notice given to them under paragraph (1) .
4
If O has reasonable grounds for believing that any item mentioned in paragraph (5) does not comply in any one or more respects with the requirements mentioned in Schedule 1, 2 or 3, O may, by notice (a “regulation 22(4) compliance notice”), instruct the person (“P”) who appears to O to be in charge of the premises on which the relevant item is found that, unless otherwise directed in writing by O, the relevant item must not be removed from those premises until it complies with those requirements.
5
The items are —
a
eggs;
b
eggs for hatching;
c
packs or other containers for eggs, eggs for hatching or chicks; and
d
labels relating to eggs, eggs for hatching or chicks.
6
A regulation 22(4) compliance notice must —
a
state O’s grounds for their belief;
b
specify the matters that constitute the failure to comply;
c
specify the measures that, in O’s opinion, must be taken in order to secure compliance;
d
inform P of the right of appeal to a magistrates’ court; and
e
inform P of the period within which such an appeal may be brought.
7
P is guilty of an offence if they remove an item to which a regulation 22(4) compliance notice given to them by O relates from the premises on which it was found by O in contravention of the terms of that notice unless directed in writing by O to do so.
8
A person, other than O and P, who knows about a regulation 22(4) compliance notice, is guilty of an offence if they remove an item to which the notice relates (although the notice was not given to them) from the premises on which it was found by O in contravention of the terms of that notice unless directed in writing by O to do so.
Appeals
23
1
Any person who is aggrieved by a decision specified in paragraph (2) may appeal against that decision to a magistrates’ court.
2
A specified decision for the purpose of paragraph (1) is —
a
a decision by the Secretary of State to refuse to register an establishment as a pedigree breeding establishment, other breeding establishment or hatchery under Article 2(1) of Commission Regulation (EC) No 617/2008 , or to withdraw such a registration;
b
a decision by the Secretary of State to refuse to authorise an undertaking as a packing centre to grade eggs under the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No 589/2008 , or to withdraw such an authorisation;
c
a decision by an authorised officer to impose a 22(1) compliance notice; or
d
a decision by an authorised officer to impose a 22(4) compliance notice.
3
Section 37(3), (5) and (6) of the Act has effect in relation to an appeal under this regulation as it has effect in relation to an appeal under that section, but with the omission —
a
in subsection (3), of the words “, or an appeal to such a court for which provision is made by regulations under Part II of this Act,”;
b
of subsection 5(b), and the word “or” immediately preceding it; and
c
in subsection (6)(a), of the words “or to the sheriff”.
4
The withdrawal of a registration or authorisation referred to in paragraph (2) does not take effect until the time for appealing against it has expired, and, if an appeal is lodged, until the appeal is finally disposed of or withdrawn.
Record-keeping requirements
24
1
The Secretary of State may by notice direct any person carrying on any activity regulated by a provision mentioned in Schedule 1, 2 or 3 to comply with any of the requirements mentioned in paragraph (2) .
2
The requirements are —
a
to keep, or cause to be kept, such records as the Secretary of State may reasonably require for the purposes of enforcing any such provision;
b
to provide the Secretary of State with such information derived from such records as the Secretary of State may require by the times mentioned in the notice; and
c
to retain such records for such period as the Secretary of State may reasonably require.
3
But the Secretary of State must not give a direction under paragraph (1) unless the records to which the direction relates are of a type that are normally kept in the course of a business by persons carrying on any activity regulated by a provision mentioned in Schedule 1, 2 or 3 and —
a
the direction will be given on or before 14 th March 2010 and the Secretary of State reasonably suspects that the person to whom the direction will be given has contravened, or failed to comply with, any provision mentioned in Schedule 1, 2 or 3 since the coming into force of these Regulations;
b
the direction will be given on or before 14 th March 2010, the person to whom the direction will be given has been convicted of an offence under regulation 5 , 9 or 16 of these Regulations and the Secretary of State reasonably suspects that, since the conviction, that person —
i
has continued to contravene, or fail to comply with, the provision mentioned in Schedule 1, 2 or 3 to which that person’s conviction relates; or
ii
has contravened, or failed to comply with, some other provision mentioned in Schedule 1, 2 or 3;
c
the direction will be given on or after 15 th March 2010 and the Secretary of State reasonably suspects that the person to whom the direction will be given has contravened, or failed to comply with, any provision mentioned in Schedule 1, 2 or 3 within the six month period immediately before the direction is given; or
d
the direction will be given on or after 15 th March 2010, the person to whom the direction will be given has been convicted of an offence under regulation 5 , 9 or 16 of these Regulations within the six month period immediately before the giving of the direction, and the Secretary of State reasonably suspects that, since the conviction, that person —
i
has continued to contravene, or fail to comply with, the provision mentioned in Schedule 1, 2 or 3 to which that person’s conviction relates; or
ii
has contravened, or failed to comply with, some other provision mentioned in Schedule 1, 2 or 3.
4
A person is guilty of an offence if they do not comply with any requirement imposed on them by a direction given by the Secretary of State under paragraph (1).
Publication of enforcement information
25
1
An enforcement authority must publicise the cases in which items seized under regulation 20(8) have been destroyed and shall do so in such manner as it sees fit.
2
But an enforcement authority must not publicise the destruction of any item seized under regulation 20(8) where it considers that it would be inappropriate to do so.
3
An enforcement authority must publicise the cases in which compliance notices have been given by it under regulation 22 and shall do so in such manner as it sees fit.
4
But an enforcement authority must not publicise an compliance notice given by it under regulation 22 —
a
until the time for appealing against the imposition of the compliance notice has passed;
b
during the period that any appeal against the imposition of the compliance notice is ongoing;
c
where an appeal against the imposition of the compliance notice is successful; or
d
in any other case where the enforcement authority considers that it would be inappropriate to do so.
Obstruction
26
A person (“P”) is guilty of an offence if they —
a
obstruct any person acting in the execution of these Regulations (“O”);
b
fail to give to O any assistance or information that O may reasonably require of P for the performance of O’s functions under these Regulations;
c
furnish any false or misleading information to O; or
d
fail to produce a record when required to do so to O.
Fine
27
A person guilty of an offence under regulation 5 , 9 , 16 , 20(3) , (4) , (6) , (14) (11) or (12) , 22(3) , (7) or (8) , 24(4) or 26 is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Extended period for bringing prosecutions
28
1
Proceedings for an offence under these Regulations may be commenced within the period of one year from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor’s knowledge.
2
But no such proceedings may be commenced by virtue of paragraph (1) more than three years after the commission of the offence.
3
For the purposes of this regulation —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in the prosecutor’s opinion to warrant the proceedings came to the prosecutor’s knowledge is conclusive evidence of that fact; and
b
a certificate stating that matter and purporting to be so signed, is deemed to be so signed unless the contrary is proved.
Offences by bodies corporate etc.
29
1
Where an offence committed by a body corporate (other than a limited liability partnership or a Scottish partnership) is proved to have been committed with the consent or connivance of, or is attributable to the neglect of, an officer of the body corporate, or a person purporting to act in such a capacity, that officer or person (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member, and a person purporting to act in such a capacity, in connection with the member’s functions of management as it applies to an officer of a body corporate.
3
Where an offence committed by an unincorporated body (other than an unincorporated partnership) is proved to have been committed with the consent or connivance of, or is attributable to the neglect on the part of, any officer or a person purporting to act in such a capacity, that officer or person (as well as the unincorporated body) is guilty of the offence and liable to be proceeded against and punished accordingly.
4
Where an offence committed by a partnership (including a limited liability partnership and a Scottish partnership) is proved to have been committed with the consent or connivance of, or is attributable to the neglect of a partner, or a person purporting to act in such a capacity, the partner or person (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.
5
In this regulation “offence” means an offence under these Regulations.
Giving of penalty notice for penalty offence
30
An enforcement authority may give a penalty notice to a person (“P”) where the authority has reason to believe that P has committed an offence under regulation 16 by contravening or failing to comply with a provision of Regulation (EC) No 2160/2003 mentioned in column 1 of Schedule 3.
Contents of penalty notice
31
A penalty notice given by an enforcement authority must —
a
give such particulars of the circumstances alleged to constitute the penalty offence as are necessary for giving reasonable information about the offence;
b
state the amount of the penalty;
c
state the period during which, by virtue of regulation 33 , proceedings will not be taken for the offence;
d
state the person to whom, and the address at which, the penalty may be paid; and
e
state that payment must not be made in cash.
Amount of penalty
32
1
The amount of the penalty is to be determined by the enforcement authority and must not be less than £100 or more than £4,500.
2
The factors to be taken into account by the enforcement authority in determining the amount of the penalty may include (but are not limited to) one or more of the factors mentioned in Schedule 4.
Restriction on proceedings for penalty offence
33
1
Where a person (“P”) is given a penalty notice —
a
no proceedings may be brought against P for the penalty offence to which that notice relates before the end of the period of 28 days, beginning with the day on which they were given the notice; and
b
P may not be convicted of the offence if the penalty is paid in accordance with regulation 34 before the end of that period.
2
Paragraph (1) does not apply if the penalty notice is withdrawn in accordance with regulation 37 .
Payment of penalty
34
1
Payment of any penalty must be made to the person mentioned in the penalty notice by sending it by post or by such method as may be mentioned in the notice.
2
Payment of any penalty must not be made in cash.
Certificate of payment or non-payment of a penalty
35
In any proceedings a certificate purporting to be signed by or on behalf of the enforcement authority, stating that payment in respect of a penalty notice was or was not received on or before a date mentioned in the certificate, is evidence of the facts stated.
Penalty receipts
36
Penalties paid to an enforcement authority must be paid into the Consolidated Fund.
Withdrawal of penalty notice
37
1
A penalty notice may be withdrawn by an enforcement authority which has reason to believe that it ought not to have been given (whether to the person named in the penalty notice or otherwise).
2
A penalty notice may be withdrawn by the enforcement authority giving notice to the person named in the penalty notice before or after the payment of the penalty.
3
Where an enforcement authority withdraws a penalty notice it must repay any penalty paid under the penalty notice to the person named in the penalty notice within 28 days, beginning with the day on which the notice of the withdrawal of the penalty notice is given.
Giving of notices
38
1
Any notice required to be given under these Regulations to any person must be in writing and may be given to them by —
a
delivering it to them;
b
leaving it at their proper address;
c
sending it to them by prepaid post at that address; or
d
subject to paragraph (9) , by being sent to them by an electronic communication.
2
The notice may be given to a body corporate by being given to an officer of that body.
3
The notice may be given to a limited liability partnership, Scottish partnership or unincorporated partnership by being given to a partner or a person having the control or management of the partnership business.
4
The notice may be given to any other unincorporated body by being given to an officer of the unincorporated body.
5
For the purposes of this regulation and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this regulation, the proper address of any person to whom a notice is to be given is —
a
in the case of a body corporate, the address of the registered or principal office of the body;
b
in the case of a limited liability partnership or a Scottish partnership, the address of the registered or principal office of the partnership;
c
in the case of an unincorporated partnership or any other unincorporated body, the address of the principal office of the partnership or body;
d
in the case of a person to whom the notice is given in reliance on any of paragraph (2) , (3) or (4) , the proper address of the body corporate, partnership or other unincorporated body in question; and
e
in any other case, the last known address of the person in question.
6
For the purposes of paragraph (5) the references to “the principal office” in relation to a company which is registered outside the United Kingdom, a partnership which is carrying on business outside the United Kingdom and any other unincorporated body which has its principal office outside the United Kingdom, include a reference, in each case, to their principal office within the United Kingdom (if any).
7
Paragraph (8) applies if a person to be given a notice under these Regulations has specified an address (“the specified address”) within the United Kingdom other than their proper address (as decided under paragraph (5) ) as the one at which they, or someone on their behalf, will accept documents of the same description as a notice given under these Regulations.
8
The specified address is also to be treated for the purposes of this regulation and section 7 of the Interpretation Act 1978 in its application to this regulation as the person’s proper address.
9
If a notice under these Regulations to be given to a person is sent by an enforcement authority by an electronic communication, it is to be treated as given only if —
a
the person to whom the notice is given has indicated a willingness to the enforcement authority to receive notices by an electronic communication and provided an address suitable for that purpose; and
b
the notice is sent to the address provided by that person.
10
In this regulation —
“body corporate” does not include a limited liability partnership or a Scottish partnership; and
“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000 .
Application of various provisions of the Act
39
1
The following provisions of the Act apply for the purposes of these Regulations with the modifications mentioned in paragraph (2) —
section 3 (presumptions that food intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 29 (procurement of samples);
section 30(8) (documentary evidence);
section 44 (protection of officers acting in good faith); and
section 46(1) (expenses of authorised officers).
2
The modifications are —
a
any reference in the provisions specified in paragraph (1) to the Act (or a Part of the Act) must be construed as a reference to these Regulations;
b
any reference in the provisions specified in paragraph (1) to an authorised officer, or an officer of an enforcement authority or food authority, must be construed as a reference to an authorised officer as defined in regulation 3(1) of these Regulations;
c
in relation to section 20, the reference to that section must be construed as including a reference to that section as applied to these Regulations by paragraph (1);
d
in relation to section 21(2), the words “section 14 or 15 above” must be replaced with the words “these Regulations”;
e
in relation to section 29 —
i
in paragraph (b)(ii), the reference to section 32 must be construed as including a reference to regulation 20 of these Regulations; and
ii
in paragraph (d), the omission of the words “or of regulations or orders made under it”;
f
in relation to section 30(8)(a), the omission of the words “under subsection (6) above”; and
g
in relation to section 44, any reference to a food authority must be construed as a reference to an enforcement authority.
Transitional provision
40
Any written authority granted to any person to act in matters arising under or in relation to the Eggs (Marketing Standards) Regulations 1995 , the Eggs and Chicks (England) Regulations 2007 or the Eggs and Chicks (England) Regulations 2008 has effect as if it referred to these Regulations.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
4th August 2009


text:
Citation and commencement
1
These Regulations may be cited as the Parental Responsibility Agreement (Amendment) Regulations 2009 and shall come into force on the 1st September 2009.
Amendments to the Parental Responsibility Agreement Regulations 1991
2
The Parental Responsibility Agreement Regulations 1991 are amended in accordance with regulations 3 and 4.
3
In regulation 2 —
a
at the end of paragraph (a) omit “and”;
b
for the full stop at the end of paragraph (b) substitute “; and”; and
c
after paragraph (b) insert —
c
under section 4ZA(1)(b) of that Act (acquisition of parental responsibility by second female parent) shall be made in Form C(PRA3) set out in that Schedule.
.
4
For the Schedule to the Parental Responsibility Agreement Regulations 1991 substitute the Schedule in the Schedule to these Regulations.
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
21st July 2009


text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pensions (Revaluation) Order 2009.
2
This Order shall come into force on 1st January 2010.
The higher and lower revaluation percentages for each revaluation period
2
For the purposes of paragraph 2(1) of Schedule 3 to the Pension Schemes Act 1993, for each revaluation period specified in column 1 below, the higher revaluation percentage is the percentage specified in column 2, and the lower revaluation percentage is the percentage specified in column 3, in relation to that period.
Column 1 Column 2 Column 3 Revaluation period Higher revaluation
percentage
Lower revaluation
percentage
1st January 1986 - 31st December 2009 125.9% - 1st January 1987 - 31st December 2009 119.1% - 1st January 1988 - 31st December 2009 110.3% - 1st January 1989 - 31st December 2009 99.0% - 1st January 1990 - 31st December 2009 84.9% - 1st January 1991 - 31st December 2009 66.7% - 1st January 1992 - 31st December 2009 60.2% - 1st January 1993 - 31st December 2009 54.6% - 1st January 1994 - 31st December 2009 51.9% - 1st January 1995 - 31st December 2009 48.6% - 1st January 1996 - 31st December 2009 43.0% - 1st January 1997 - 31st December 2009 40.1% - 1st January 1998 - 31st December 2009 35.2% - 1st January 1999 - 31st December 2009 31.0% - 1st January 2000 - 31st December 2009 29.6% - 1st January 2001 - 31st December 2009 25.5% - 1st January 2002 - 31st December 2009 23.4% - 1st January 2003 - 31st December 2009 21.3% - 1st January 2004 - 31st December 2009 18.0% - 1st January 2005 - 31st December 2009 14.4% - 1st January 2006 - 31st December 2009 11.4% - 1st January 2007 - 31st December 2009 7.6% - 1st January 2008 – 31st December 2009 3.5% - 1st January 2009 – 31st December 2009 0.0% 0.0%
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
10th December 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Fund Winter Fuel Payment (Temporary Increase) Regulations 2009.
2
They come into force on 21st September 2009.
Modification of the Social Fund Winter Fuel Payment Regulations 2000
2
1
For the purpose of making social fund winter fuel payments in respect of the 2009–10 winter, regulation 2 of the Social Fund Winter Fuel Payment Regulations 2000 (social fund winter fuel payments) is applied as if —
a
the references to £100 (in both places) were to £125;
b
in paragraphs (1)(i), (2)(a) and (3), the reference to £200 were to £250;
c
in paragraph (2)(b), the reference to £200 were to £275;
d
in paragraph (2)(b), the reference to £150 were to £200; and
e
the references to £300 (in both places) were to £400.
2
In this regulation, “the 2009–10 winter” means the winter which follows the qualifying week beginning on 21st September 2009.
Revocation
3
The Social Fund Winter Fuel Payment (Temporary Increase) Regulations 2008 are revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
12th June 2009


text:
Citation, commencement, extent and interpretation
1
These Regulations may be cited as the Statistics and Registration Service Act 2007 (Disclosure of Pupil Information) (England) Regulations 2009 and come into force on the day after the day on which they are made.
2
These Regulations apply in England only.
3
In these Regulations —
“ the Act ” means the Statistics and Registration Service Act 2007;
“the 1996 Act ” means the Education Act 1996 ;
“anonymous pupil reference number” means the number which —
is assigned to a pupil by use of a formula determined by the Department for Children, Schools and Families;
continues to apply to the pupil regardless of any change in the pupil’s school; and
does not, without additional information, identify the pupil;
“pupil” has the meaning given by section 3 of the 1996 Act ;
“school” has the meaning given by section 4 of the 1996 Act .
Disclosure of individual pupil information
4
1
The Secretary of State may disclose to the Statistics Board the following information about individual pupils.
2
The information is —
a
the pupil’s —
i
surname, and any former surname;
ii
preferred surname;
iii
first name;
iv
middle name, or if more than one, each middle name;
v
date of birth;
vi
gender;
vii
ethnic group and source of that information;
viii
first language;
ix
school and the address of that school;
x
date of admission to, and departure from, that school; and
xi
anonymous pupil reference number;
b
the address and postcode of the home where the pupil normally resides;
c
whether the pupil is a day or boarding pupil at the school; and
d
if the pupil normally resides with a person specified in paragraph (a), (b) or (c) of paragraph 19(1) of Part 1 of Schedule 1 to the Education (Information About Individual Pupils) (England) Regulations 2006 , that information, and its source.
Purposes for which disclosure is authorised
5
Information disclosed under regulation 4 may only be used by the Statistics Board for the following statistical purposes —
a
the production of population statistics under section 20 (production of statistics) of the Act;
b
the making of arrangements for a census under section 2 of the Census Act 1920 (duty of Registrar-General to carry out census, and provision for expenses); and
c
the assessment of the census returns.
Restriction on further disclosure of personal information
6
In the application of section 39 (confidentiality of personal information) of the Act to personal information which is disclosed to the Statistics Board under regulation 4 —
a
subsection (4)(a) applies only to the extent that —
i
a disclosure is required by an enactment; or
ii
a disclosure is permitted by section 41 (disclosure of information to service providers) of the Act but only in connection with the purposes specified in regulation 5;
b
paragraphs (d), (f), (g) and (h) of subsection (4) do not apply.
Liam Byrne
Minister for the Cabinet Office
10th February 2009
I consent
Ed Balls
Secretary of State
Department for Children, Schools and Families
10th February 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Fisheries (Miscellaneous Amendments) Regulations 2009.
2
These Regulations come into force on 30th June 2009.
Amendment of the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005
2
1
The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005 are amended as follows.
2
For paragraphs (3) and (4) of regulation 1, substitute —
3
These Regulations apply —
a
in England;
b
in relation to any relevant British fishing boat wherever it is, except when it is in Wales; and
c
in relation to any other fishing boat within British fishery limits, except when the boat is in —
i
the Northern Ireland zone (as defined in section 98 of the Northern Ireland Act 1998 );
ii
the Scottish zone (as defined in section 126(1) of the Scotland Act 1998 );
iii
the territorial sea adjacent to the Isle of Man, Jersey or Guernsey; or
iv
Wales.
4
In paragraph (3)(b) and (c)(iv), “Wales” has the same meaning as in section 158(1) of the Government of Wales Act 2006 .
3
For paragraph (1) of regulation 13, substitute —
1
For the purpose of enforcing these Regulations or any equivalent provisions, any British sea-fishery officer may exercise the powers conferred by this regulation in relation to any fishing boat to which these Regulations apply.
.
4
In paragraph (3) of regulation 13, for “article”, substitute “regulation”.
5
For regulation 15, substitute —
15
Any British sea-fishery officer may seize any fish (including any receptacle that contains the fish) in respect of which the officer has reasonable grounds to suspect that an offence under these Regulations or under any equivalent provision has been committed.
.
Amendment to the Grants for Fishing and Aquaculture Industries Regulations 2007
3
1
The Grants for Fishing and Aquaculture Industries Regulations 2007 are amended as follows.
2
In regulation 3, omit “out of monies provided by Parliament”.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
21st May 2009


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Cariforum Economic Partnership Agreement) Order 2009.
2
For the purposes of this Order, references to the “Agreement” are to the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part .
3
This Order shall come into force on the date on which the Agreement enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
4
The Agreement is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
Judith Simpson
Clerk of the Privy Council