text:
Title and commencement
1
These Regulations may be cited as the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations 2006 and come into force on 6th April 2006.
Amendments
2
1
The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 shall be amended in accordance with this regulation.
2
In regulation 2 —
a
in paragraph (1) —
i
insert at the appropriate places —
“list A substance” means a substance named in List A of Annex II to Council Directive 96/22;
; and
“list B substance” means a substance named in List B of Annex II to Council Directive 96/22;
;
ii
for the definition of “marketing authorisation”, substitute —
“marketing authorisation” has the same meaning as it bears in article 5 of Directive 2001/82/EC of the European Parliament and of the Council on the Community code relating to veterinary medicinal products;
;
iii
delete the definition of “the Marketing Authorisations Regulations”;
iv
for the definition of “unauthorised substance”, substitute —
“unauthorised substance” means an Annex IV substance, a prohibited substance and any other substance or product the administration of which to animals is prohibited by or under European Community legislation;
; and
v
delete the definition of “unlicensed product”; and
b
after paragraph (3) insert —
3A
Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations 2006 are made.
.
3
For regulation 3, substitute —
Prohibition on the sale of list A and list B substances
3
1
No person shall sell, for administration to any animal, any product which is, or which contains, a list A substance.
2
Any product sold which is, or which contains, a list A substance shall be presumed, unless the contrary is proven, to have been sold for administration to an animal.
3
Subject to paragraph (4), no person shall sell for administration to any animal any product which is, or which contains, a list B substance, if the animal or any product of that animal is intended for human consumption.
4
Paragraph (3) shall not apply to the sale of a product that complies with the requirements of regulation 25 and which is for administration in accordance with regulations 27 or 28A.
5
Any product sold which is, or which contains, a list B substance shall be presumed, unless the contrary is proven, to have been sold for administration to an animal which is, or any product of which is, intended for human consumption.
.
4
For regulation 4, substitute —
Prohibition on possession of oestradiol 17β or beta-agonists
4
No person, other than a veterinary surgeon, shall possess on a farm any veterinary medicinal product containing —
a
oestradiol 17β or its ester-like derivatives; or
b
a beta-agonist which is authorised to be used for induction purposes in the treatment of tocolysis.
.
5
For regulation 5, substitute —
Prohibition on administration of beta-agonists or hormonal substances
5
1
Subject to paragraph (2), no person shall administer or knowingly cause or permit to be administered to any animal any product which is, or which contains, a substance listed in Annex II or III to Council Directive 96/22.
2
The prohibition in paragraph (1) shall not apply to the administration of a compliant veterinary medicinal product —
a
containing testosterone, progesterone or a derivative of these substances which readily yields the parent compound on hydrolysis after absorption at the site of application, if the administration is in accordance with regulation 26;
b
containing allyl trenbolone or a beta-agonist, if the administration is in accordance with regulation 27;
c
having oestrogenic action (but not containing oestradiol 17β or its ester-like derivatives), androgenic action or gestagenic action, if the administration is in accordance with regulation 28; or
d
containing oestradiol 17β or its ester-like derivatives, if the administration is in accordance with regulation 28A.
3
In paragraph (2), “compliant veterinary medicinal product” means a veterinary medicinal product which complies with the requirements of regulation 25.
.
6
In regulation 6 —
a
delete paragraph (1);
b
in paragraph (2), delete “or unlicensed product”; and
c
in paragraph (3), for “regulation 4 or 5 of the Medicines (Restrictions on the Administration of Veterinary Medicinal Products) Regulations 1994”, substitute “regulation 8(3) of or paragraphs 1, 2 and 5 of Schedule 4 to the Veterinary Medicines Regulations 2005 ”.
7
In regulations 8 and 25, for each reference to “beta-agonist or hormonal substance”, substitute “substance listed in Annex II or Annex III to Council Directive 96/22”.
8
For regulation 9, substitute —
Prohibition on the sale of animals
9
1
Subject to paragraph (2), no person shall sell or supply, for slaughter for human consumption, any animal —
a
which contains or to which there has been administered an unauthorised substance;
b
to which there has been administered a substance in contravention of regulation 5;
c
that is an aquaculture animal to which a substance listed in Annex II or III of Council Directive 96/22 has been administered;
d
to which a list A substance, oestradiol 17β, or a substance listed in Annex III of Council Directive 96/22 has been administered;
e
which contains a substance specified in Annex I or III to the Council Regulation at a concentration exceeding the maximum residue limit; or
f
to which a medicinal product has been administered if the withdrawal period for that product has not expired.
2
Nothing in paragraph (1)(f) shall prohibit the sale before the end of the withdrawal period of any high-value horse to which has been administered allyl trenbolone or a beta-agonist in accordance with regulation 5, provided that the type and date of treatment was entered on the horse’s passport by the veterinary surgeon directly responsible for the treatment.
.
9
In regulation 15, for paragraph (3) substitute —
3
For the purposes of this regulation and regulations 16 and 17, “relevant person” means the owner of the premises where the sample was taken or, where another person is the owner of the animal, animal product or other article or substance from which the sample was taken, whichever one of them the authorised officer considers appropriate.
.
10
For regulation 18, substitute —
Methods of analysis
18
The analysis of an official sample shall be carried out in accordance with methods authorised by Commission Decision 2002/657 implementing Council Directive 96/23/EC concerning the performance of analytical methods and the interpretation of results .
.
11
For regulation 20, substitute —
Animal inspections
20
1
An authorised officer may, by giving written notice, require —
a
the detention of an animal or a batch of animals in the place where the animal or the batch is located; or
b
the removal to, and the detention at, another place of an animal or batch of animals,
in order to carry out an inspection.
2
An inspection under paragraph (1) shall be undertaken to ascertain whether —
a
any animal contains any unauthorised substance or a residue of any other substance which the authorised officer reasonably suspects may result in any animal product derived from the animal containing an unauthorised substance or a substance listed in Annex I or III to the Council Regulation at a concentration exceeding the maximum residue limit; or
b
any withdrawal period has expired.
3
Where detention alone is required, the notice shall be served on the owner of the premises where the animal or batch of animals is located.
4
Where removal and detention elsewhere is required the notice is to be served on the owner of the premises where the animal or batch animals is located unless another person is the owner of the animal or batch of animals, in which case the authorised officer shall serve the notice on whichever one of them he considers appropriate.
.
12
In regulation 23 —
a
in sub-paragraph (a) of paragraph (1), for “32(1), (2)” substitute “32(2)”;
b
in paragraphs (2) and (5), delete “6(1) or”; and
c
in paragraph (2), for “level 5 on the standard scale”, substitute “the statutory maximum”.
13
For regulation 24, substitute —
Defences and exceptions
24
1
In any proceedings for an offence alleging a contravention of regulation 4 it shall be a defence for the person charged to prove that the veterinary medicinal product to which the allegation relates is intended for purposes other than administration to an animal.
2
In any proceedings for an offence alleging a contravention of regulation 8 it shall be a defence for the person charged to prove that the substance listed in Annex II or Annex III of Council Directive 96/22 contained or present in the animal or which has been administered to the animal was administered in accordance with regulation 5.
.
14
For regulation 26, substitute —
Exception to prohibition on administration for testosterone and progesterone
26
1
Subject to paragraph (2), administration is in accordance with this regulation if it is carried out by a veterinary surgeon for a therapeutic purpose on a farm animal by injection.
2
Paragraph (1) does not apply to the treatment of ovarian dysfunction, in which case administration is accordance with this regulation if it is carried out by a veterinary surgeon using a product in the form of vaginal spirals.
.
15
For regulation 27, substitute —
Exception to prohibition on administration for allyl trenbolone and beta-agonists
27
1
Subject to paragraphs (2) and (3), administration is in accordance with this paragraph if it is carried out for a therapeutic purpose and it is carried out by a veterinary surgeon or under his direct responsibility.
2
Paragraph (1) only applies to a veterinary medicinal product which is, or which contains, allyl trenbolone if it is authorised for oral administration, it is administered in accordance with the manufacturer’s instructions and it is administered to an animal which is not a production animal.
3
Paragraph (1) only applies to a veterinary medicinal product which is, or which contains, a beta-agonist if it is administered to —
a
a member of the equidae Family;
b
a pet; or
c
a calving cow, by injection by a veterinary surgeon, to induce tocolysis during labour.
.
16
For regulation 28, substitute —
Exception to prohibition on administration for products having oestrogenic, androgenic or gestagenic action
28
1
Administration is in accordance with this regulation if, in the case of farm animals other than production animals —
a
the administration is carried out for the purpose of zootechnical treatment;
b
the administration is carried out —
i
in the case of the synchronisation of oestrus or the preparation of donors or recipients for the implantation of embryos by, or under the direct responsibility of a veterinary surgeon, and
ii
in any other case, by a veterinary surgeon; and
c
the veterinary surgeon responsible for the treatment issues a prescription for the products to be administered, whether he supplies them or not.
2
Administration is in accordance with this regulation if, in the case of fish aged three months or less, the administration is of products with an androgenic action for sex inversion purposes.
.
17
After regulation 28, insert —
Exception to prohibition on administration for oestradiol 17β
28A
Administration is in accordance with this regulation if it is carried out by a veterinary surgeon —
a
no later than 14th October 2006 for oestrus induction in cattle, horses, sheep or goats; or
b
for treating cattle for foetus maceration, mummification or pyometra.
.
18
In regulation 32 —
a
delete paragraph (1);
b
in paragraph (3), for “The persons referred to in paragraph (1)(b) and sub-paragraphs (a) and (b) of paragraph (2) of regulation 4”, substitute “Persons holding a manufacturing or wholesale dealer’s authorisation granted under the Veterinary Medicines Regulations 2005, for purposes relating to a marketing authorisation for a product to which regulation 4 applies,”; and
c
in paragraphs (4) and (5), delete “(1),”.
19
Delete regulation 33.
20
In regulation 34, in paragraph (4) —
a
for “(a)(ii)”, substitute “(b)(ii)”; and
b
for “these Regulations”, substitute “section 32 of the Act as applied by this regulation”.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Date 10th March 2006


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Health Service Commissioner for England (Special Health Authorities) Order 2006 and shall come into force on 1 st April 2006.
Designation as body subject to investigation
2
The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) is designated as a Special Health Authority to which section 2(1) of the Health Service Commissioners Act 1993 (bodies subject to investigation by the Health Service Commissioner for England) applies.
A. K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Severn Bridges Tolls Order 2006 and shall, in accordance with section 9(2)(b) of the Severn Bridges Act 1992 (in this Order referred to as “ the Act ”), come into force on 1st January 2007.
2
The tolls leviable in respect of vehicles within the categories referred to in section 8(1) of the Act using either of the bridges shall be as follows:
Category 1 vehicles £5.10 Category 2 vehicles £10.20 Category 3 vehicles £15.30
3
The Severn Bridges Tolls Order 2005 is hereby revoked.
Signed by authority of the Secretary of State for Transport
S. J. Ladyman
Minister of State,
Department for Transport
5th December 2006


text:
PART 1 PRELIMINARY
Title, application and commencement
1
These Regulations may be cited as the Fishery Products (Official Controls Charges) (England) Regulations 2006, apply in relation to England only and come into force on 1 st January 2007.
Interpretation
2
1
In these Regulations —
“Directive 2004/41”, “Regulation 178/2002”, “Regulation 1642/2003”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2075/2005”, “Regulation 2076/2005” and “Regulation 776/2006” have the meanings respectively given to them in the Schedule;
“ EEA State” means a member State, Norway, Iceland or Liechtenstein;
“establishment” has the meaning given to it in paragraph 1(c) of Article 2 of Regulation 852/2004;
“first placing on the market” has the meaning that it bears in Regulation 882/2004;
“first sale in a fish market” shall be construed in accordance with the phrase “first sale in fish market” in Regulation 882/2004;
“fishery products” has the meaning given to it in point 3.1 of Annex I to Regulation 853/2004;
“food authority” has the meaning that it bears by virtue of section 5(1) of the Food Safety Act 1990 , except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of that Act (which deals with the Inner Temple and Middle Temple);
“imported” means introduced into England other than from another part of the British Islands;
“official controls” shall be construed in accordance with the definition of the term “official control” in paragraph 1 of Article 2 of Regulation 882/2004;
“processing” has the meaning given to it in paragraph 1(m) of Article 2 of Regulation 852/2004;
“processing establishment” means an establishment at which processing occurs;
“relevant fishery products” means fishery products which —
were caught in their natural environment;
are imported by a fishing vessel flying the flag of a third country;
have not been on land prior to being imported; and
are intended for placing on the market for human consumption,
other than relevant landed fishery products and third country imports;
“relevant food authority” means the food authority in whose area circumstances giving rise to an obligation under these Regulations to pay a charge to that authority arise;
“relevant landed fishery products” means fishery products which —
are landed in England;
have not been on land previously; and
are intended for placing on the market for human consumption,
other than relevant fishery products and third country imports;
“specified pelagic fish” means —
herring of the species Clupea harengus ;
sardines of the species Sardinia pilchardus ;
mackerel of the species Scomber scombrus or Scomber japonicus ;
horse mackerel;
anchovies; and
picarels of the species Maena smaris ;
“third country”, except in the expression “third country import”, means any country or territory, other than Greenland, which does not comprise the whole or part of an EEA State;
“third country import” means an import in respect of which a charge is payable under regulation 54 of the Products of Animal Origin (Third Country Imports) (England) Regulations 2006 ; and
“vendor” means —
where a first placing on the market or first sale in a fish market of relevant fishery products or relevant landed fishery products is effected by an agent on behalf of the owner or master of a vessel, that agent; and
where there is a first placing on the market or first sale in a fish market of relevant fishery products or relevant landed fishery products in any other circumstances, the owner or master of the vessel from which they are landed.
2
Where any functions under the Food Safety Act 1990 are assigned —
a
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 , to a port health authority;
b
by an order under section 6 of the Public Health Act 1936 , to a joint board for a united district; or
c
by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985 , to a single authority for a metropolitan county,
any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.
Actual costs
3
For the purposes of these Regulations, the actual costs of exercising official controls are the aggregate of the costs of the items listed in Annex VI to Regulation 882/2004 directly incurred in the exercise of the official controls required under Annex III to Regulation 854/2004.
Sterling equivalents of Euro
4
1
Any reference in these Regulations to a specified number of Euros shall be deemed to be a reference to the Sterling equivalent of that number calculated in accordance with paragraph (2).
2
The Sterling equivalent of a specified number of Euros shall be calculated by multiplying that number by the Euro/Sterling conversion rate specified in paragraph (3).
3
The Euro/Sterling conversion rate shall be —
a
for 2007, 1 Euro = £0.67410; and
b
in each subsequent year, the rate published in the C Series of the Official Journal of the European Communities on the first working day of the September of the preceding year or, if no rate is published in it on that day, the first rate published in it thereafter.
Account period
5
1
For the purposes of these Regulations, the account period shall be one month or such longer period not exceeding twelve months as is determined by the relevant food authority.
2
The account period shall be determined with a view to reducing to a reasonable amount, in comparison with the charges which are expected to fall due, the costs of —
a
making returns; and
b
collecting charges.
Recovery of charges
6
Where a duty to pay a charge under these Regulations is imposed on either of two persons the authority to which the charge is payable may recover it —
a
jointly from both of them; or
b
separately from either of them.
Calculation, payment and repayment of charges
7
1
Where the relevant food authority becomes aware that a charge is due to it under these Regulations it shall —
a
calculate the amount of the charge having regard to the information in its possession; and
b
give notice of the amount so calculated to any person from whom it may be collected.
2
If the relevant food authority is satisfied that a calculation made under paragraph (1) is incorrect, it shall recalculate the charge and —
a
where the correct amount is more than the amount calculated under paragraph (1), it shall recover the higher amount in accordance with that paragraph;
b
where the correct amount is less than the amount calculated under that paragraph and that amount has not been recovered, it shall recover the lesser amount in accordance with that paragraph; and
c
where no charge is payable or the charge payable is less than the amount calculated under that paragraph, and that amount has been recovered, it shall repay the difference.
Appeals
8
1
A person may appeal against any decision of the relevant food authority imposing a charge under these Regulations.
2
The appeal shall be heard by a magistrates’ court and section 37(3), (5) and (6) of the Food Safety Act 1990 shall apply in relation to such an appeal as it applies in relation to an appeal under section 37(1)(c) of that Act.
3
On any such appeal, the court may —
a
confirm the decision of the relevant food authority;
b
determine any charge which is payable under these Regulations; or
c
determine that no charge is payable.
4
Pending the outcome of the appeal the original amount of the charge shall remain payable, but if after the court’s decision the amount of the charge needs to be recalculated, the new amount of the charge shall have effect from the date on which the original charge was made and the sum equal to that new amount shall be payable to the relevant food authority.
5
If the court determines that a charge payable under these Regulations is less than the charge that has been so paid, the relevant food authority shall reimburse the overpayment to the successful appellant.
Charges payable to more than one food authority
9
In any case where the exercise of official controls is deferred and the food authority responsible for the exercise of the official controls required under Annex III to Regulation 854/2004 (“authority A”) is not the relevant food authority to which a charge is required to be paid under these Regulations (“authority B”), authority B shall remit to authority A a sum equal to any amount received by authority B which is referable to official controls exercised by authority A.
PART 2 OFFICIAL CONTROLS CHARGES OTHER THAN CHARGES FOR THIRD COUNTRY IMPORTS
Charge in respect of the first placing on the market or the first sale in a fish market of relevant fishery products or relevant landed fishery products
10
1
The first placing on the market or first sale in a fish market of relevant fishery products or relevant landed fishery products shall be a chargeable transaction for the purposes of this Part.
2
Subject to paragraph (6), where there is a chargeable transaction for the purposes of this Part, the vendor shall pay the charge determined in accordance with paragraphs (3) to (5) (“the landings charge”) to the relevant food authority.
3
Subject to paragraphs (4) and (5), the landings charge shall be a contribution of 1 Euro per tonne for the first 50 tonnes of fishery products and 0.5 Euro per tonne for each additional tonne towards the expenditure incurred in exercising the official controls required under Annex III to Regulation 854/2004.
4
Subject to paragraph (5), in respect of any consignment of specified pelagic fish which are relevant landed fishery products, the landings charge shall not exceed 50 Euros.
5
Where —
a
the chargeable transaction is a first sale in a fish market and relates to relevant landed fishery products only; and
b
any official controls required under Annex III to Regulation 854/2004 are facilitated on the basis that —
i
the relevant landed fishery products concerned are graded for freshness or size in accordance with relevant national or Community rules, or
ii
such transactions are grouped together,
the landings charge shall be 45% of the amount that it would otherwise be under paragraph (3) or (4).
6
Where the actual costs of exercising the official controls required under Annex III to Regulation 854/2004 are less than the landings charge, the vendor shall pay an amount equal to those costs to the relevant food authority, instead of the landings charge.
Returns and records relating to relevant fishery products or relevant landed fishery products
11
1
Within 7 days of the end of each account period, the vendor shall make a written return to the relevant food authority to which the landings charge is payable in respect of the aggregate of chargeable transactions that he has entered into during that period.
2
The return referred to in paragraph (1) shall include the following information —
a
the account period to which the return relates;
b
the place of landing and first placing on the market or first sale in a fish market of the fishery products to which it relates;
c
for landings of relevant fishery products and for landings of relevant landed fishery products other than specified pelagic fish —
i
the name of each vessel and the number of consignments landed from it,
ii
the aggregate weight of consignments landed by each vessel which do not exceed 50 tonnes and the first 50 tonnes of consignments the weight of which exceeds that amount, and
iii
the aggregate weight of consignments less the weight calculated under paragraph (ii);
d
for landings of relevant landed fishery products which are specified pelagic fish —
i
the name of each vessel and the number of consignments landed from it, and
ii
the aggregate weight of consignments landed by each vessel which do not exceed 50 tonnes and the first 50 tonnes of consignments the weight of which exceeds that amount;
e
notification of any amount paid by virtue of paragraph (5) of regulation 10 which has been paid in respect of —
i
consignments of fish consisting only of fish other than specified pelagic fish, or
ii
consignments of specified pelagic fish only,
specifying which of the circumstances described in division (i) or as the case may be (ii) of sub-paragraph (b) of that paragraph led to the payment of that amount;
f
in relation to consignments of relevant fishery products —
i
the total weight of all relevant fishery products landed, and
ii
the total amount of the charge payable under regulation 10 in respect of those products; and
g
the amount of the landings charge.
3
Subject to paragraph (4), during the period of 1 year beginning on the day on which a vendor makes a return under this regulation —
a
the relevant food authority to which it was made may require the vendor to supply separate information of the kind required by paragraph (2) in respect of each transaction included in it; and
b
the vendor shall retain records which are sufficient to enable him to supply any such information.
4
Paragraph (3) shall not apply in relation to landings of relevant fishery products.
5
Any vendor who without reasonable excuse —
a
fails to comply with paragraph (1) or (3)(b); or
b
fails to comply with a requirement made under paragraph (3)(a),
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Charge in respect of processing establishments
12
1
Subject to paragraph (4), the proprietor or operator of a processing establishment shall pay the charge determined in accordance with paragraphs (2) and (3) (“the processing establishment charge”) to the relevant food authority.
2
Subject to paragraph (3), the processing establishment charge shall be a contribution of 1 Euro per tonne of fishery products entering the establishment towards the expenditure incurred by the relevant food authority in exercising the official controls required under Annex III to Regulation 854/2004 .
3
Where processing is carried out —
a
on the same site as that on which the first placing on the market or first sale in a fish market of the fishery products concerned is effected; or
b
in an establishment in which operating conditions and guarantees as to the establishment’s own checks are such that staff requirements for the exercise of official controls can be reduced,
the processing establishment charge shall be 45% of the amount that it would otherwise be under paragraph (2).
4
Where the actual costs of exercising the official controls required under Annex III to Regulation 854/2004 are less than the processing establishment charge, the proprietor or operator shall pay an amount equal to those costs to the relevant food authority, instead of the processing establishment charge.
Returns and records relating to processing establishments
13
1
Within 7 days of the end of each account period, the proprietor or operator who is responsible for paying the processing establishment charge shall make a written return to the relevant food authority to which that charge is payable in respect of the fishery products which have entered the establishment concerned during that period.
2
The return referred to in paragraph (1) shall include the following information —
a
the account period to which the return relates;
b
the weight of the fishery products entering the establishment;
c
notification of any amount paid by virtue of paragraph (3) of regulation 12, specifying which of the circumstances described in sub-paragraph (a) or as the case may be (b) of that paragraph led to the payment of that amount; and
d
the amount of the charge payable under regulation 12.
3
During the period of one year beginning on the day on which a proprietor or operator makes a return under this regulation —
a
the relevant food authority to which the return was made may require the proprietor or operator to supply separate information of the kind required by paragraph (2) in respect of each batch of fishery products included in it; and
b
the proprietor or operator shall retain records which are sufficient to enable him to supply any such information.
4
Any proprietor or operator who without reasonable excuse —
a
fails to comply with paragraph (1) or (3)(b); or
b
fails to comply with a requirement made under paragraph (3)(a),
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Revocation
14
The Fishery Products (Official Controls Charges) (England) Regulations 2005 are revoked.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State,
Department of Health
3rd November 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2006 and shall come into force at 4 p.m. on 25th July 2006.
2
These Regulations apply to England only.
Persons who have left Lebanon
2
1
The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 are amended as follows.
2
After regulation 2(3) insert —
4
For the purposes of regulations 4(2)(h) and 6(2)(h), “the relevant period” means the period beginning at 4 p.m. on 25th July 2006 and ending on 31st January 2007.
.
3
In regulation 4(2)(f), omit “and”.
4
At the end of regulation 4(2)(g), insert “; and”.
5
After regulation 4(2)(g), insert —
h
during the relevant period, a person who left Lebanon on or after 12th July 2006 because of the armed conflict there.
.
6
In regulation 6(2)(f), omit “and”.
7
At the end of regulation 6(2)(g), insert “; and”.
8
After regulation 6(2)(g), insert —
h
during the relevant period, a person who left Lebanon on or after 12th July 2006 because of the armed conflict there.
.
Signed by authority of the Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
24th July 2006


text:
Citation and commencement
1
This Order may be cited as the Central Leeds Learning Federation (Change to School Session Times) (Revocation) Order 2006 and shall come into force on 1 st September 2006.
Revocation
2
The Central Leeds Learning Federation (Change to School Session Times) Order 2006 is revoked.
Beverley Hughes
Minister of State
Department for Education and Skills
2nd August 2006


text:
Citation and commencement
1
These Regulations may be cited as the Civil Aviation (Provision of Information to Passengers) Regulations 2006 and shall come into force on 16th January 2007.
Interpretation
2
1
In these Regulations —
“air carrier” has the meaning given in paragraph (a) of Article 2 of the council regulation;
“air carriage contractor” has the meaning given in paragraph (c) of Article 2 of the council regulation;
“council regulation” means Regulation ( EC ) No. 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC ;
“ticket seller” has the meaning given in paragraph (d) of Article 2 of the council regulation; and
“tour operator” means an organiser (other than any air carrier) within the meaning given by paragraph 2 of Article 2 of Council Directive 90/314/ EEC of 13 June 1990 on package travel, package holidays and package tours.
2
In these Regulations, a reference to an Article is a reference to that Article in the council regulation.
3
Other terms used in these Regulations shall be construed consistently with equivalent terms defined or used in the council regulation.
Offences
3
1
An air carriage contractor who fails to comply with an obligation imposed on him by —
a
any of paragraphs 1, 2, 3 or 6 of Article 11; or
b
paragraph 2 of Article 12,
shall be guilty of an offence.
2
An air carrier who fails to comply with an obligation imposed on him by paragraph 4 of Article 11 shall be guilty of an offence.
3
A tour operator who fails to comply with an obligation imposed on him by paragraph 4 of Article 11 shall be guilty of an offence.
4
A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding —
a
in the case of a failure to comply with any of paragraphs 1, 2, 3, 4 or 6 of Article 11, level 3 on the standard scale; and
b
in the case of a failure to comply with paragraph 2 of Article 12, level 5 on the standard scale.
Defence
4
1
Subject to paragraph (2), in proceedings against any person for an offence under regulation 3, it shall be a defence for that person to demonstrate that he took all reasonable steps to avoid committing the offence.
2
A person shall not be entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information supplied to him, unless he demonstrates that it was reasonable in all the circumstances to have relied on that information.
3
In proceedings against any ticket seller for an offence under regulation 3, it shall also be a defence for that ticket seller to demonstrate that paragraph 5 of Article 11 applies.
Bodies corporate
5
1
Where an offence under regulation 3 has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any —
a
director;
b
manager;
c
secretary;
d
other similar officer of the body corporate; or
e
any person who was purporting to act in any such capacity,
he as well as the body corporate shall be guilty of that offence and liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, regulation 3 shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where a limited partnership is guilty of an offence under regulation 3 and that offence is proved to have been committed with the consent or the connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Signed by authority of the Secretary of State
G. Merron
Parliamentary Under Secretary of State
12th December 2006
Department for Transport


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 and shall come into force on 1st June 2006.
2
These Regulations apply to England only.
Interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Housing Act 1996;
“the Accession Regulations ” means the Accession (Immigration and Worker Registration) Regulations 2004 ;
“the EEA Regulations ” means the Immigration (European Economic Area) Regulations 2006 ;
“the Immigration Rules ” means the rules laid down as mentioned in section 3(2) of the Immigration Act 1971 (general provisions for regulation and control);
“the Refugee Convention ” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 ; and
“sponsor” means a person who has given an undertaking in writing for the purposes of the Immigration Rules to be responsible for the maintenance and accommodation of another person.
2
For the purposes of these Regulations —
a
“jobseeker”, “self-employed person”, and “worker” have the same meaning as for the purposes of the definition of a “qualified person” in regulation 6(1) of the EEA Regulations ; and
b
subject to paragraph (3), references to the family member of a jobseeker, self-employed person or worker shall be construed in accordance with regulation 7 of those Regulations.
3
For the purposes of regulations 4(2)(d) and 6(2)(d) “family member” does not include a person who is treated as a family member by virtue of regulation 7(3) of the EEA Regulations.
Persons subject to immigration control who are eligible for an allocation of housing accommodation
3
The following classes of persons subject to immigration control are persons who are eligible for an allocation of housing accommodation under Part 6 of the 1996 Act —
a
Class A – a person who is recorded by the Secretary of State as a refugee within the definition in Article 1 of the Refugee Convention and who has leave to enter or remain in the United Kingdom;
b
Class B – a person —
i
who has exceptional leave to enter or remain in the United Kingdom granted outside the provisions of the Immigration Rules; and
ii
who is not subject to a condition requiring him to maintain and accommodate himself, and any person who is dependent on him, without recourse to public funds;
c
Class C – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and whose leave to enter or remain in the United Kingdom is not subject to any limitation or condition, other than a person —
i
who has been given leave to enter or remain in the United Kingdom upon an undertaking given by his sponsor;
ii
who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which his sponsor gave the undertaking in respect of him, whichever date is the later; and
iii
whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive; and
d
Class D – a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.
Other persons from abroad who are ineligible for an allocation of housing accommodation
4
1
A person who is not subject to immigration control is to be treated as a person from abroad who is ineligible for an allocation of housing accommodation under Part 6 of the 1996 Act if —
a
subject to paragraph (2), he is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man, or the Republic of Ireland;
b
his only right to reside in the United Kingdom —
i
is derived from his status as a jobseeker or the family member of a jobseeker; or
ii
is an initial right to reside for a period not exceeding three months under regulation 13 of the EEA Regulations; or
c
his only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland is a right equivalent to one of those mentioned in sub-paragraph (b) which is derived from the Treaty establishing the European Community.
2
The following are not to be treated as persons from abroad who are ineligible for an allocation of housing accommodation pursuant to paragraph (1)(a) —
a
a worker;
b
a self-employed person;
c
a person who is an accession state worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the EEA Regulations pursuant to regulation 5 of the Accession Regulations ;
d
a person who is the family member of a person specified in sub-paragraphs (a)-(c);
e
a person with a right to reside permanently in the United Kingdom by virtue of regulation 15(c), (d) or (e) of the EEA Regulations;
f
a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption; and
g
a person who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.
Persons subject to immigration control who are eligible for housing assistance
5
1
The following classes of persons subject to immigration control are persons who are eligible for housing assistance under Part 7 of the 1996 Act —
a
Class A – a person who is recorded by the Secretary of State as a refugee within the definition in Article 1 of the Refugee Convention and who has leave to enter or remain in the United Kingdom;
b
Class B – a person —
i
who has exceptional leave to enter or remain in the United Kingdom granted outside the provisions of the Immigration Rules; and
ii
whose leave to enter or remain is not subject to a condition requiring him to maintain and accommodate himself, and any person who is dependent on him, without recourse to public funds;
c
Class C – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and whose leave to enter or remain in the United Kingdom is not subject to any limitation or condition, other than a person —
i
who has been given leave to enter or remain in the United Kingdom upon an undertaking given by his sponsor;
ii
who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which his sponsor gave the undertaking in respect of him, whichever date is the later; and
iii
whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive;
d
Class D – a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption; and
e
Class E – a person who is an asylum-seeker whose claim for asylum is recorded by the Secretary of State as having been made before 3rd April 2000 and in the circumstances mentioned in one of the following paragraphs —
i
on arrival (other than on his re-entry) in the United Kingdom from a country outside the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland;
ii
within three months from the day on which the Secretary of State made a relevant declaration, and the applicant was in Great Britain on the day on which the declaration was made; or
iii
on or before 4th February 1996 by an applicant who was on 4th February 1996 entitled to benefit under regulation 7A of the Housing Benefit (General) Regulations 1987 (persons from abroad).
2
For the purpose of paragraph (1)(e) —
a
“asylum-seeker” means a person who is at least 18 years old, who is in the United Kingdom, and who has made a claim for asylum;
b
“claim for asylum” means a claim that it would be contrary to the United Kingdom’s obligations under the Refugee Convention for the claimant to be removed from, or required to leave, the United Kingdom;
c
“relevant declaration” means a declaration to the effect that the country of which the applicant is a national is subject to such a fundamental change of circumstances that the Secretary of State would not normally order the return of a person to that country; and
d
subject to paragraph (3), a person ceases to be an asylum-seeker when his claim for asylum is recorded by the Secretary of State as having been decided (other than on appeal) or abandoned.
3
For the purposes of paragraph (1)(e)(iii), a person does not cease to be an asylum-seeker as mentioned in paragraph (2)(d) while he is eligible for housing benefit by virtue of —
a
regulation 10(6) of the Housing Benefit Regulations 2006 ; or
b
regulation 10(6) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ,
as modified in both cases by paragraph 6 of Schedule 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 .
Other persons from abroad who are ineligible for housing assistance
6
1
A person who is not subject to immigration control is to be treated as a person from abroad who is ineligible for housing assistance under Part 7 of the 1996 Act if —
a
subject to paragraph (2), he is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man, or the Republic of Ireland;
b
his only right to reside in the United Kingdom —
i
is derived from his status as a jobseeker or the family member of a jobseeker; or
ii
is an initial right to reside for a period not exceeding three months under regulation 13 of the EEA Regulations; or
c
his only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland is a right equivalent to one of those mentioned in sub-paragraph (b) which is derived from the Treaty establishing the European Community.
2
The following are not to be treated as persons from abroad who are ineligible for housing assistance pursuant to paragraph (1)(a) —
a
a worker;
b
a self-employed person;
c
a person who is an accession state worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the EEA Regulations pursuant to regulation 5 of the Accession Regulations;
d
a person who is the family member of a person specified in sub-paragraphs (a)-(c);
e
a person with a right to reside permanently in the United Kingdom by virtue of regulation 15(c), (d) or (e) of the EEA Regulations;
f
a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption; and
g
a person who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.
Revocation
7
Subject to regulation 8, the Regulations specified in column (1) of the Schedule are revoked to the extent mentioned in column (3) of the Schedule.
Transitional provisions
8
The revocations made by these Regulations shall not have effect in relation to an applicant whose application for —
a
an allocation of housing accommodation under Part 6 of the 1996 Act; or
b
housing assistance under Part 7 of the 1996 Act,
was made before 1st June 2006.
Signed by authority of the Secretary of State
Yvette Cooper
Minister of State
Department for Communities and Local Government
11th May 2006