text:
PART 1 Preliminary
Citation and commencement
1
This Order —
a
may be cited as the Sea Fishing (Restriction on Days at Sea) Order 2007; and
b
comes into force on 20th April 2007.
Extent and application
2
1
This Order extends to England and Wales only.
2
This Order applies —
a
in England;
b
in relation to English fishing boats and Welsh fishing boats wherever they are, except where they are in the sea adjacent to Wales out as far as the seaward boundary of the territorial sea ; and
c
in relation to other fishing boats within British fishery limits except where they are in —
i
the Scottish zone;
ii
the Northern Ireland zone; or
iii
the sea adjacent to Wales out as far as the seaward boundary of the territorial sea.
3
In this article —
a
“British fishery limits” means the limits set by or under section 1 of the Fishery Limits Act 1976 ;
b
“the Northern Ireland zone” has the same meaning as in section 98 of the Northern Ireland Act 1998 ;
c
“the Scottish zone” has the same meaning as in section 126(1) of the Scotland Act 1998 .
Interpretation
3
1
In this Order —
“allocation of days” has the meaning given in article 7;
“the Cod Annex” means Annex IIA to the Council Regulation;
“the Cod Recovery Zone” means the geographical area set out in point 2 of the Cod Annex and reference to an area within the Cod Recovery Zone is a reference to one of the areas listed in that point;
“the Council Regulation” means Council Regulation (EC) No 41/2007 fixing for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required ;
“the early period of 2007” means the period commencing on 1st February 2007 and ending immediately before this Order comes into force;
“equivalent provision” means any provision, in any other Order made for the purposes of implementing the Cod Annex or the Sole Annex, in relation to any part of the United Kingdom, which has equivalent effect to a provision in this Order, proceedings in respect of which may be taken in England by virtue of section 30(2A) of the Fisheries Act 1981 ;
“fishing boat” means any vessel to which the Cod Annex or the Sole Annex applies;
“logbook” means the same as in Article 6 of Regulation 2847/93 read with Regulation 2807/83;
“management period” means a period established under article 4 or deemed to be established under article 5(1), in respect of which an allocation of days applies;
“notified gear” means the regulated gear group or groups notified to the Secretary of State under article 4(1);
“person in charge”, in relation to any fishing boat, means the owner, the master or the charterer, if any, of the fishing boat or the agent of any of them;
“regulated gear” means fishing gear referred to in point 4 of the Cod Annex or point 3 of the Sole Annex, and references to gear groups are references to gear groups listed in those points;
“Regulation 2807/83” means Commission Regulation (EEC) No 2807/83 laying down detailed rules for recording information on Member States’ catches of fish ;
“Regulation 2847/93” means Council Regulation (EC) No 2847/93 establishing a control system applicable to the Common Fisheries Policy ;
“the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;
“the Sole Annex” means Annex IIC to the Council Regulation;
“the Sole Recovery Zone” means the area referred to in point 1 of the Sole Annex; and
“Welsh fishing boat” means a fishing boat registered under the Merchant Shipping Act 1995 as to be treated as belonging to a port in Wales.
2
In this Order, “English fishing boat” means —
a
a fishing boat which is registered under the Merchant Shipping Act 1995 as to be treated as belonging to a port in England; or
b
a fishing boat, other than —
i
a Scottish fishing boat,
ii
a Welsh fishing boat, or
iii
a Northern Ireland fishing boat,
which is owned wholly by persons qualified to own British ships for the purposes of Part II of that Act.
3
In paragraph (2) —
a
“Scottish fishing boat” means a fishing boat which is registered under the Merchant Shipping Act 1995 as to be treated as belonging to a port in Scotland; and
b
“Northern Ireland fishing boat” means a fishing boat which is registered under the Merchant Shipping Act 1995 as to be treated as belonging to a port in Northern Ireland.
4
Expressions in this Order which are not defined in this Order and which appear in the Cod Annex or the Sole Annex have the same meaning in this Order as they have in those Annexes.
5
Any information notified for the purpose of any provision of this Order must be treated as notified for the purposes of any equivalent provision.
PART 2 Days at Sea
Establishment of management periods for English fishing boats
4
1
To establish a management period a person in charge of an English fishing boat must provide notification of the following to the Secretary of State —
a
a period of a number of consecutive calendar months; and
b
the regulated gear group or groups that will be used during that period,
and, subject to paragraph (2), the management period is established on that notification in respect of that period and the regulated gear group or groups.
2
Where point 5.2 of the Cod Annex or point 4.2 of the Sole Annex applies, the management period is established only on receipt of confirmation in writing from the Secretary of State.
3
The obligation to provide notification in paragraph (1) constitutes an obligation to serve the required information on the Secretary of State by post.
Deeming provisions in respect of certain management periods notified in the early period of 2007
5
1
Where a person in charge of an English fishing boat has, during the early period of 2007, notified to the Secretary of State in writing a management period within the meaning of point 9 of the Cod Annex or point 8 of the Sole Annex, which includes any period before this Order comes into force and continues beyond that date —
a
that notification is deemed effective for the purposes of article 4(1);
b
a management period is deemed to be established in accordance with this Order; and
c
article 10(2) does not apply.
2
Any management period deemed established under paragraph (1) must be treated as beginning on the date that this Order comes into force and ending on the date notified, and the allocation of days must be calculated and adjusted accordingly.
Offences in relation to management periods
6
1
Subject to paragraph (2), a person in charge of an English fishing boat or a Welsh fishing boat is guilty of an offence if, at any time during the 2007 regulated period, the fishing boat is absent from port in the Cod Recovery Zone, the Sole Recovery Zone or a combination of both zones carrying regulated gear unless a management period —
a
established in accordance with article 4;
b
deemed to be established under article 5; or
c
established under an equivalent provision,
exists in respect of that fishing boat and that regulated gear at that time.
2
Paragraph (1) does not apply to —
a
a person in charge of an English fishing boat in respect of which point 20 of the Cod Annex or point 14 of the Sole Annex applies provided that he complies with the restrictions in those points;
b
a person in charge of an English fishing boat which is permitted by point 21 of the Cod Annex or point 15 of the Sole Annex to transit the Cod Recovery Zone or the Sole Recovery Zone, provided that he complies with the obligations in those points; or
c
a person in charge of a Welsh fishing boat where no equivalent provision has been enacted in respect of Welsh fishing boats.
3
Where, in respect of the restrictions or obligations referred to in paragraph (2)(a) and (b), there is an obligation to supply information, the Secretary of State is the person to whom the information must be supplied.
4
In this article, “the 2007 regulated period” means the period commencing on the day this Order comes into force and ending on 31st January 2008.
Allocation of days for fishing in the Cod Recovery Zone and Sole Recovery Zone
7
1
In this article —
a
“allocation of days” means the number of days during which an English fishing boat is permitted to be out of port in the Cod Recovery Zone, Sole Recovery Zone or a combination of both zones, carrying on board notified gear, during a management period established in accordance with this Order;
b
“applicable row” means the row in the table in which a reference to the notified gear appears in the first column where the second column of the row is empty;
c
“the table” means Table 1 of the Cod Annex; and
d
wherever a calculation results in a total containing a fraction, the figure must be rounded down to the nearest whole number.
2
The allocation of days for an English fishing boat must be calculated in accordance with this article subject to adjustment in accordance with article 9, 10 or 12.
3
If the English fishing boat is absent from port but is present in only one of the Cod Recovery Zone areas during a management period, the allocation of days is as follows —
a
if there is one group of notified gear, the figure in the column of the applicable row of the table relating to the relevant area divided by twelve and multiplied by the number of calendar months in the management period;
b
if there are two or more groups of notified gear, the total of the allocations that would apply in respect of each group calculated in accordance with sub-paragraph (a), divided by the number of such groups.
4
If the English fishing boat is present in more than one of the areas in the Cod Recovery Zone but not in the Sole Recovery Zone during the management period, the allocation of days is the highest of the allocations for each area calculated in accordance with paragraph (3).
5
If the English fishing boat is present in both the Cod Recovery Zone and the Sole Recovery Zone or in the Sole Recovery Zone only during the management period, the allocation of days is 16 multiplied by the number of calendar months in the management period.
Allocation of days – pair trawling
8
Where on any day during a management period any regulated gear is at any time affixed to a fishing boat which is absent from port and present in the Cod Recovery Zone (whether or not it is carried by that fishing boat) at the same time as being affixed to another fishing boat, that day must be counted as a day in which each fishing boat is present in the zone for the purposes of this Order.
Adjustment of the allocation of days
9
1
The Secretary of State may adjust the allocation of days that applies in respect of an English fishing boat by adding further days —
a
in accordance with point 7 or 8 of the Cod Annex or point 6 or 7 of the Sole Annex; or
b
where days have been allocated to the United Kingdom in accordance with point 10 or 11 of the Cod Annex or point 9 or 10 of the Sole Annex.
2
Where, in respect of previous management periods established in respect of an English fishing boat, the number of days in any allocation of days calculated in accordance with article 7 would have resulted in fractions of days had paragraph (1)(d) of that article not required the rounding down of fractions, the Secretary of State may add any whole days amounting from the sum of any such fractions.
3
Where an English fishing boat is absent from port carrying notified gear in the Cod Recovery Zone or the Sole Recovery Zone or a combination of both zones in excess of its allocation of days, the Secretary of State must deduct from any subsequent allocation of days the number of days during which the boat was so absent from port in excess of the relevant allocation.
4
Where a person in charge of an English fishing boat contravenes article 6(1), the Secretary of State must deduct from any subsequent allocation of days the number of days during which the boat was absent from port carrying regulated gear without having established a management period in respect of that period and that gear.
5
Any adjustment made under this article takes effect when it is served by post on a person in charge of the fishing boat by the Secretary of State.
Fishing in the early period of 2007, notification requirement and adjustment of allocation of days
10
1
This article applies where, in the early period of 2007, an English fishing boat was —
a
absent from port and present in the Cod Recovery Zone, the Sole Recovery Zone or a combination of both zones; and
b
carrying regulated gear,
for more than the number of days that would have been allocated in respect of the fishing boat had this Order been in force in respect of that period and had a person in charge notified a three month management period in respect of the early period of 2007.
2
A person in charge of the boat must notify to the Secretary of State, within 28 days of the date that this Order comes into force, the number of days during which the boat was absent from port and present in the Cod Recovery Zone, the Sole Recovery Sole or a combination of both zones carrying regulated gear during the early period of 2007.
3
The Secretary of State must adjust the allocation of days that applies in respect of the boat to reflect those additional days present in the zones during the early period of 2007.
4
The person in charge of the boat is guilty of an offence if he fails to comply with paragraph (2).
5
The obligation to notify information in paragraph (2) constitutes an obligation to serve the required information on the Secretary of State by post.
Offences in relation to allocation of days and other restrictions on presence in the Cod Recovery Zone and Sole Recovery Zone
11
1
In this article, “day” means a continuous period of 24 hours which begins the moment a fishing boat enters either the Cod Recovery Zone or the Sole Recovery Zone.
2
Any subsequent re-entry into the Cod Recovery Zone or Sole Recovery Zone during that period does not trigger a new day.
3
Where the fishing boat in question is present in either the Cod Recovery Zone or the Sole Recovery Zone at the end of a day, the next day begins at the moment the previous day expires and so on for any contiguous 24–hour periods.
4
Any time which a fishing boat spends within the Cod Recovery Zone, the Sole Recovery Zone or a combination of both zones during a day is to be counted as a whole day for the purpose of calculating the number of days spent absent from port and present in the Cod Recovery Zone, the Sole Recovery Zone or a combination of both zones.
5
A person in charge of an English fishing boat or a Welsh fishing boat is guilty of an offence if the fishing boat is absent from port carrying regulated gear in the Cod Recovery Zone, the Sole Recovery Zone or a combination of both zones for more days than —
a
its allocation of days under this Order; or
b
the number of days that it is permitted to be out of port carrying on board regulated gear during a management period under an equivalent provision.
6
Notwithstanding an allocation of days under article 7(3) or an equivalent provision, a person in charge of an English fishing boat or a Welsh fishing boat is guilty of an offence if there are two or more groups of notified gear and a gear group is used from the fishing boat during more days than the number of days that would apply in respect of that gear group alone for that management period, calculated respectively either in accordance with article 7(3)(a) or an equivalent provision.
7
Notwithstanding the allocation of days under article 7(4) or an equivalent provision, a person in charge of an English fishing boat or a Welsh fishing boat that is present in more than one of the areas in the Cod Recovery Zone during a management period established in accordance with this Order or an equivalent provision, is guilty of an offence if —
a
the fishing boat is absent from port in any one of the areas in the Cod Recovery Zone during more days than the number of days that would apply in respect of presence in that area alone for that management period, calculated in accordance with article 7(3) or an equivalent provision; or
b
there are two or more groups of notified gear and a gear group is used from the fishing boat during more days than the number of days that would apply in respect of that gear group alone for that management period, calculated in accordance with article 7(3)(a) or an equivalent provision.
8
Notwithstanding the allocation of days under article 7(5) or an equivalent provision, a person in charge of an English fishing boat or a Welsh fishing boat that is present in both the Cod Recovery Zone and the Sole Recovery Zone during a management period established in accordance with this Order or an equivalent provision, is guilty of an offence if —
a
the fishing boat is absent from port in any one of the areas in the Cod Recovery Zone during more days than the number of days that would apply in respect of presence in that area alone for that management period, calculated in accordance with article 7(4) or an equivalent provision; or
b
there are two or more groups of notified gear and a gear group is used from the fishing boat during more days than the number of days that would apply in respect of that gear group alone for that management period, calculated in accordance with article 7(3)(a) or an equivalent provision.
Transfer of days
12
1
In this article —
a
“the 1993 Regulations ” means the Merchant Shipping (Registration of Ships) Regulations 1993 ;
b
“British fishing boat” means —
i
an English fishing boat; or
ii
a fishing boat registered under the Merchant Shipping Act 1995 as to be treated as belonging to a port in Scotland, Wales or Northern Ireland;
c
“foreign fishing boat” means a fishing boat which is not a British fishing boat.
2
Unused days within an allocation of days established in accordance with this Order may be transferred from an allocation relating to one English fishing boat (“the donor”) to an allocation relating to another British fishing boat (“the recipient”) in the circumstances permitted by, and subject to, the conditions in point 14 of the Cod Annex and point 11 of the Sole Annex.
3
A transfer under paragraph (2) is only effective if a written notification of transfer containing the particulars in paragraph (4), signed by the owner of the donor or the owner’s agent, is sent to the Secretary of State before the end of the management period in relation to which the transfer is to take effect.
4
The particulars are —
a
in relation to the donor and recipient —
i
the registered name within the meaning of regulation 30 of the 1993 Regulations; and
ii
the port number and official number within the meaning of regulation 31 of the 1993 Regulations;
b
the calendar months in the management period and the notified gear to which the transfer relates;
c
the number of days transferred to each recipient;
d
a declaration to the effect that the donor is entitled to make the transfer; and
e
the date of signature.
5
On written application from a person in charge of an English fishing boat, the Secretary of State may transfer unused days that apply in respect of that fishing boat to a foreign fishing boat subject to the conditions in point 15 of the Cod Annex or point 12 of the Sole Annex.
6
Any such transfer takes effect when notice of it is served by post on the person in charge of the fishing boat by the Secretary of State.
Offence in relation to transfers of days
13
A person is guilty of an offence if he makes a false declaration in a notification made in respect of a transfer pursuant to article 12.
Offences in relation to fishing gears
14
1
A person in charge of a fishing boat in respect of which point 17 or 18 of the Cod Annex applies, is guilty of an offence if he fails to comply with the obligations imposed by either of those points.
2
Where, in respect of the obligations referred to in paragraph (1), there is an obligation to supply information, the Secretary of State is the person to whom the information must be supplied.
3
Subject to paragraph (4) and notwithstanding the derogation in point 19.2 of the Cod Annex, a person in charge of an English fishing boat is guilty of an offence if the English fishing boat carries any regulated gear in contravention of point 19.1 of the Cod Annex.
4
The derogation in point 19.2 of the Cod Annex applies to a person in charge of an English fishing boat which is outside British fishery limits.
Maintenance of logbooks requirements and related offence
15
1
A person in charge of a fishing boat is guilty of an offence if he fails to comply with the requirements in this article.
2
Where a fishing boat is absent from port carrying regulated gear in the Cod Recovery Zone, the Sole Recovery Zone or a combination of both zones on any day where the logbook requirements in Article 6 of Regulation 2847/93 read with Regulation 2807/83 do not apply, a logbook entry stating the gear carried must be made as though that Article did apply.
3
The logbook entry referred to in paragraph (2) —
a
must be made —
i
before midnight in respect of each day;
ii
at the time of arrival in port;
iii
at the time of any inspection at sea; and
iv
at the time that an effort report is made as required by Article 19e.3 of Regulation 2847/93; and
b
must be handed over and dispatched as if landing were made at the time of the fishing boat’s arrival in port.
4
In this article, “day” has the meaning given in article 11(1).
PART 3 Enforcement etc
Interpretation of Part 3
16
In this Part —
a
“British sea-fishery officer” has the meaning given in section 7 of the Sea Fisheries Act 1968 ;
b
“relevant offence” means an offence under article 6, 10, 11, 13, 14 or 15 or under any equivalent provision.
Penalties and defence
17
1
A person found guilty of a relevant offence, is liable —
a
on summary conviction, to a fine not exceeding £50,000;
b
on conviction on indictment, to a fine.
2
The court by or before which a person is convicted of any relevant offence may also order —
a
forfeiture of any —
i
fish caught at any time in the period during which the offence was committed; and
ii
fishing gear used in the course of, or in activities leading to, the commission of the offence; or
b
a fine not exceeding the value of the fish caught at any time in the period during which the offence was committed.
3
In any proceedings for an offence under article 11, it is a defence for a person to show that the number of days absent from port carrying regulated gear in excess of its allocation of days is no greater than the number of days purportedly but not validly transferred to that person’s fishing boat’s allocation of days under article 12 and that he did not know and had no reasonable cause to suspect that the owner of the donor, within the meaning given in article 12(2), was not entitled to transfer the days.
Recovery of fines
18
Where a magistrates’ court imposes a fine on a person convicted under this Order or any equivalent provision, the court may —
a
issue a warrant of distress against —
i
the boat involved in the commission of the offence;
ii
its gear and catch; and
iii
any property of the person convicted,
for the purpose of levying the amount of the fine; and
b
order that the boat and its gear and catch be detained until —
i
the expiry of a period not exceeding three months from the date of the conviction;
ii
the fine is paid; or
iii
the amount of the fine is levied in pursuance of any such warrant,
whichever occurs first.
2
Subsection 1 of section 77 (postponement of issue of warrant) and section 78 (defect in distress warrant and irregularity in its execution) of the Magistrates’ Courts Act 1980 apply to a warrant of distress issued under this article as they apply to a warrant of distress issued under Part III of that Act.
3
Where in relation to a fine in respect of any offence under this Order or any equivalent provision, an order under article 95 of the Magistrates’ Courts (Northern Ireland) Order 1981 or section 222 of the Criminal Procedure (Scotland) Act 1995 (both of which deal with transfer of fines from one jurisdiction to another) specifies a petty sessions area in England, this article applies as if the fine were imposed by a court within that petty sessions area.
Powers of British sea-fishery officers in relation to fishing boats
19
1
For the purpose of enforcing this Order, or any equivalent provision, or to operate or facilitate the operation of any monitoring deriving from point 25 of the Sole Annex, any British sea-fishery officer may exercise the powers conferred by this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purposes mentioned in paragraph (1) and, in particular —
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in that person’s custody or possession;
c
for the purpose of ascertaining whether an offence under this Order or any equivalent provision has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
may inspect and take copies of any such document produced to him or found on board and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
e
where the boat is one in relation to which he has reason to suspect that an offence under this Order or any equivalent provision has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for any offence under this Order or any equivalent provision.
4
Where it appears to a British sea-fishery officer that an offence under article 6, 11, 14 or 15, or under any equivalent provision, has at any time been committed in respect of a fishing boat, he may —
a
require the master of the boat to take, or himself take, the boat and crew to the port which appears to him to be the nearest convenient port; and
b
detain, or require the master to detain, the boat in the port,
and where such an officer detains or requires the detention of the boat he must serve on the master a notice in writing stating that the boat is (or is required to be) detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
20
1
For the purpose of enforcing this Order or any equivalent provision, or to operate or facilitate the operation of any monitoring deriving from point 25 of the Sole Annex, any British sea-fishery officer may —
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of fish or fisheries products;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish or fisheries products on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at the premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish or fisheries products from the premises for such a period as may be reasonably necessary for the purposes of establishing whether an offence under this Order or any equivalent provision has at any time been committed;
f
require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any fish or fisheries products or to the entry to, or exit from, any port or harbour by any fishing boat;
g
for the purpose of ascertaining whether any person on the premises has committed an offence under this Order or any equivalent provision, search the premises for any such document and require any person on the premises to do anything which appears to him to be necessary for facilitating the search;
h
inspect and take copies of any such document produced to him or found on the premises;
i
require any appropriate or responsible person to render any such document on a computer system into a visible and legible form, including requiring it to be produced in a form in which it may be taken away; and
j
if he has a reason to suspect that an offence under this Order or any equivalent provision has been committed, seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used as evidence in proceedings for any offence under this Order or any equivalent provision.
2
The provisions of paragraph (1) also apply in relation to any land used in connection with any of the activities described in paragraph (1)(a), or in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport fish or fisheries products, as they apply in relation to premises and, in the case of a vehicle, include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
Warrants to enter premises
21
1
If a justice of the peace on sworn information in writing is satisfied that the circumstances in paragraph (2) apply, he may issue a warrant authorising a British sea-fishery officer to enter any premises, if necessary using reasonable force, and to take with him such persons as appear to be necessary.
2
The circumstances are that —
a
there are reasonable grounds to believe that any documents or other items which a British sea-fishery officer has power under article 20 to inspect are on the premises;
b
the inspection of such documents or other items is likely to disclose evidence of the commission of an offence under this Order or any equivalent provision; and
c
either —
i
entry to the premises has been or is likely to be refused and notice of intention to apply for a warrant has been given to the occupier,
ii
an application for entry, or the giving of notice, would defeat the object of the entry,
iii
the premises are unoccupied, or
iv
the occupier is temporarily absent and it might defeat the object of the entry to await his return.
Powers of British sea-fishery officers to seize fish and fishing gear
22
A British sea-fishery officer may seize —
a
any fish, including any receptacle containing those fish, caught at the time of an offence which he suspects has been committed under this Order, other than an offence under article 10, 13 or 15, or an equivalent provision; and
b
any fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of any such suspected offence.
Protection of officers
23
1
An officer is not liable in any civil or criminal proceedings for anything done or omitted to be done in the purported exercise of the powers conferred by article 19, 20 or 22 if the court is satisfied that —
a
the officer acted in good faith;
b
there were reasonable grounds for so acting; and
c
he acted with reasonable skill and care.
2
In this article, “officer” means —
a
a British sea-fishery officer; or
b
a person assisting him by virtue of article 19(2) or 20(1)(b) or authorisation under article 21.
Obstruction of officers
24
1
A person is guilty of an offence if —
a
he fails without reasonable excuse to comply with any requirement imposed by an officer under the powers conferred by article 19 or 20;
b
without reasonable excuse, he prevents, or attempts to prevent, any other person from complying with any such requirement;
c
he assaults an officer while exercising any of the powers conferred by article 19, 20, or 22; or
d
he intentionally obstructs an officer in the exercise of any of those powers.
2
A person guilty of an offence under paragraph (1) is liable —
a
on summary conviction to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
Offences by corporate bodies
25
1
If a relevant offence committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer; or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies 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.
3
In this article “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, or a person purporting to act in any such capacity.
Admissibility of documents in evidence
26
1
In any proceedings in respect of an offence under this Order or any equivalent provision, any —
a
logbook kept under Article 6, 17.2 or 28c;
b
declaration submitted under Article 8.1, 17.2 or 28f;
c
effort report communicated under Article 19b;
d
sales note submitted under Article 9;
e
document drawn up under Article 13; or
f
document containing required information received by a fisheries monitoring centre established under Article 3.7,
of Council Regulation 2847/93 is evidence of the matters stated in the logbook, declaration, effort report, sales note or document, as the case may be.
2
For the purpose of paragraph (1), “required information” means the following information as communicated via a satellite-based boat monitoring system established under Article 3.1 of Regulation 2847/93 —
a
the identification of the fishing boat;
b
the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude; and
c
the date and time of the fixing of that position.
Amendment
27
In the Sea Fishing (Restriction on Days at Sea) (Monitoring, Inspection and Surveillance) Order 2006 , omit —
a
article 3; and
b
Parts 2, 3 and 4.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
19th March 2007
David Cairns
Parliamentary Under Secretary of State
Northern Ireland Office
17th March 2007


type: legislation

jurisdiction: UK

text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Infant Formula and Follow-on Formula (England) Regulations 2007;
b
come into force —
i
in the case of regulation 31(2), on 1st January 2010; and
ii
otherwise, on 11th January 2008; and
c
apply in relation to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“the Agency” means the Food Standards Agency;
“the Directive” means Commission Directive 2006/141/EC on infant formulae and follow-on formulae and amending Directive 1999/21/EC ;
“food authority” has the meaning that it bears by virtue of section 5(1) of the Act, except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple); and
“health care system” means institutions or organisations engaged, directly or indirectly, in health care for mothers, infants and pregnant women, including nurseries or child-care institutions and health workers in private practice.
2
Subject to paragraph (3), any expression other than one defined in paragraph (1) that is used both in these Regulations and in the Act has the meaning it bears in the Act.
3
Notwithstanding paragraph (2), any expression used both in these Regulations and in the Directive has the meaning that it bears in the Directive.
4
Where any functions under the Act 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.
5
In these Regulations any reference to a numbered Annex is a reference to the Annex bearing that number in the Directive.
6
In these Regulations any reference to an Annex to the Directive is a reference to that Annex as amended from time to time.
Prohibition on the marketing of infant formula or follow-on formula unless certain conditions are met
3
1
No person shall market infant formula which contravenes or fails to comply with regulation 5, 6, 8, 10, 11, 12, 14(1), (2) or (3), 15, 17 or 19.
2
No person shall market follow-on formula which contravenes or fails to comply with regulation 5, 7, 9, 10, 11, 12, 14(1), (2) or (3), 16, 18 or 19.
Prohibition on the marketing of products other than infant formula for normal healthy infants
4
No person shall market or otherwise represent a product as suitable for satisfying by itself the nutritional requirements of normal healthy infants during the first months of life until the introduction of appropriate complementary feeding unless that product is infant formula.
Substances in such quantity as to endanger the health of infants and young children
5
Infant formula and follow-on formula shall not contain any substance in such quantity as to endanger the health of infants and young children.
Protein sources and other food ingredients suitable for infants from birth (infant formula)
6
1
Infant formula shall be manufactured from —
a
the protein sources specified in point 2 of Annex I; and
b
other food ingredients the suitability of which for particular nutritional use by infants from birth has been established by generally accepted scientific data and demonstrated in accordance with paragraph (2).
2
Suitability shall be demonstrated through a systematic review of the available data relating to the expected benefits and safety considerations as well as, where necessary, appropriate studies, performed following generally accepted expert guidance on the design and conduct of such studies.
Protein sources and other food ingredients suitable for infants aged over six months (follow-on formula)
7
Follow-on formula shall be manufactured from —
a
the protein sources specified in point 2 of Annex II ; and
b
other food ingredients the suitability of which for particular nutritional use by infants aged over six months has been established by generally accepted scientific data and demonstrated in accordance with regulation 6(2).
Compositional criteria for infant formula
8
1
Subject to paragraphs (2) and (3), infant formula shall comply with the compositional criteria set out in Annex I taking into account the specifications in Annex V.
2
In the case of infant formula manufactured from those cows’ milk proteins specified in point 2.1 of Annex I with a protein content between the minimum and 0.5g/100kJ (2g/100 kcal) the suitability of the infant formula for satisfying by itself the nutritional requirements of normal healthy infants during the first months of life until the introduction of appropriate complementary feeding shall be demonstrated through appropriate studies, performed following generally accepted expert guidance on the design and conduct of such studies.
3
In the case of infant formula manufactured from those protein hydrolysates specified in point 2.2 of Annex I with a protein content between the minimum and 0.56g/100kJ (2.25g/100 kcal) —
a
the suitability of the infant formula for satisfying by itself the nutritional requirements of normal healthy infants during the first months of life until the introduction of appropriate complementary feeding shall be demonstrated through appropriate studies, performed following generally accepted expert guidance on the design and conduct of such studies; and
b
the infant formula shall be in accordance with the appropriate specifications set out in Annex VI.
Compositional criteria for follow-on formula
9
Follow-on formula shall comply with the compositional criteria set out in Annex II taking into account the specifications set out in Annex V.
Addition of water (infant formula and follow-on formula)
10
In order to make infant formula or follow-on formula ready for use nothing more shall be required than the addition of water.
Prohibitions and limitations on the use of food ingredients (infant formula and follow-on formula)
11
The prohibitions and limitations on the use of food ingredients in infant formula and follow-on formula set out respectively in Annexes I and II shall be observed.
Listed substances and their purity criteria (infant formula and follow-on formula)
12
1
Only the substances listed in Annex III may be used in the manufacture of infant formula and follow-on formula in order to satisfy the requirements of Annexes I and II respectively on —
a
mineral substances;
b
vitamins;
c
amino acids and other nitrogen compounds; and
d
other substances having a particular nutritional purpose.
2
Substances used in the manufacture of infant formula and follow-on formula pursuant to paragraph (1) must meet the relevant purity criteria.
3
The relevant purity criteria for the purposes of paragraph (2) are —
a
the purity criteria for substances, as provided for in Community legislation concerning the use of substances listed in Annex III, in the manufacture of foodstuffs for purposes other than those covered by the Directive; and
b
in the absence of such purity criteria, generally acceptable purity criteria recommended by international bodies.
Notification of infant formula
13
No food business operator may place an infant formula on the market that has not yet been placed on the market in the United Kingdom unless he has given prior notice to the Agency by forwarding to it a model of the label used for the product.
Pesticide residues (infant formula and follow-on formula)
14
1
Subject to paragraphs (2) and (3), infant formula and follow-on formula shall not contain residues of individual pesticides at levels exceeding 0.01 mg/kg.
2
Infant formula and follow-on formula shall not contain any residue of a pesticide listed in Table 1 or Table 2 of Annex VIII at a level exceeding 0.003 mg/kg.
3
Infant formula and follow-on formula shall not contain any residue of a pesticide listed in Annex IX at a level exceeding the maximum residue level specified in that Annex.
4
The levels referred to in paragraphs (1) to (3) apply in relation to infant formula or follow-on formula —
a
manufactured as ready for consumption; or
b
if it is not so manufactured, as reconstituted according to the manufacturer’s instructions.
5
Analytical methods for determining levels of pesticide residues for the purposes of this regulation shall be generally acceptable standardised methods.
Naming of infant formula
15
Infant formula may not be sold unless it is sold under the name —
a
in the case of a product which is not manufactured entirely from cows’ milk proteins, the name “infant formula”; or
b
in the case of a product which is manufactured entirely from cows’ milk proteins, the name “infant milk”.
Naming of follow-on formula
16
Follow-on formula may not be sold unless it is sold under the name —
a
in the case of a product which is not manufactured entirely from cows’ milk proteins, the name “follow-on formula”; or
b
in the case of a product which is manufactured entirely from cows’ milk proteins, the name “follow-on milk”.
Labelling of infant formula
17
1
Infant formula may not be sold unless the labelling bears the following particulars —
a
a statement to the effect that the product is suitable for particular nutritional use by infants from birth when they are not breast fed;
b
the available energy value, expressed in kJ and kcal, and the content of proteins, carbohydrates and lipids, expressed in numerical form, per 100ml of the product ready for use;
c
the average quantity of each mineral substance and of each vitamin mentioned in Annex I and, where applicable, of choline, inositol and carnitine, expressed in numerical form, per 100ml of the product ready for use;
d
instructions for appropriate preparation, storage and disposal of the product and a warning against the health hazards of inappropriate preparation and storage; and
e
the words “Important Notice” or their equivalent immediately followed by —
i
a statement concerning the superiority of breast feeding, and
ii
a statement recommending that the product be used only on the advice of independent persons having qualifications in medicine, nutrition or pharmacy, or other professionals responsible for maternal and child care.
2
The labelling of infant formula shall —
a
be designed to provide the necessary information about the appropriate use of the product so as not to discourage breast feeding; and
b
not contain the terms “humanised”, “maternalised”, “adapted” or any similar term.
3
The labelling of an infant formula shall not include —
a
any picture of an infant; or
b
any other picture or text which may idealise the use of the product,
but may include graphic representations for easy identification of the product or for illustrating methods of preparation.
4
The labelling of an infant formula may bear nutrition and health claims only when —
a
the claim is listed in the first column of Annex IV and is expressed in the terms set out there; and
b
the condition specified in the second column of Annex IV in relation to the relevant claim made in the first column is satisfied.
5
The labelling of an infant formula may bear particulars of the average quantity of nutrients mentioned in Annex III when such information is not required by paragraph (1)(c), expressed in numerical form, per 100 ml of the product ready for use.
Labelling of follow-on formula
18
1
Follow-on formula may not be sold unless the labelling bears the following particulars —
a
a statement to the effect that–
i
the product is suitable only for particular nutritional use by infants over the age of six months,
ii
it should form only part of a diversified diet,
iii
it is not to be used as a substitute for breast milk during the first six months of life, and
iv
the decision to begin complementary feeding, including any decision as to making an exception to the principle of not using follow-on formula before six months of age, should be made only on the advice of independent persons having qualifications in medicine, nutrition or pharmacy, or other professionals responsible for maternal or child care, based on the individual infant’s specific growth and development needs;
b
the available energy value, expressed in kJ and kcal, and the content of proteins, carbohydrates and lipids, expressed in numerical form, per 100ml of the product ready for use;
c
the average quantity of each mineral substance and of each vitamin mentioned in Annex II and, where applicable, of choline, inositol and carnitine, expressed in numerical form, per 100ml of the product ready for use; and
d
instructions for appropriate preparation, storage and disposal of the product and a warning against the health hazards of inappropriate preparation and storage.
2
The labelling of follow-on formula shall —
a
be designed to provide the necessary information about the appropriate use of the product so as not to discourage breast feeding; and
b
not contain the terms “humanised”, “maternalised”, “adapted” or any similar term.
3
The labelling of a follow-on formula may bear particulars of —
a
the average quantity of nutrients mentioned in Annex III when such information is not required by paragraph (1)(c), expressed in numerical form, per 100 ml of the product ready for use; and
b
in addition to numerical information, information on vitamins and minerals included in Annex VII , expressed as a percentage of the reference values given in that Annex, per 100 ml of the product ready for use.
Avoidance of the risk of confusion between infant formula and follow-on formula
19
Infant formula and follow-on formula shall be labelled in such a way that it enables consumers to make a clear distinction between such products so as to avoid any risk of confusion between infant formula and follow on formula.
Presentation (infant formula and follow-on formula)
20
1
The provisions of regulations 17(1)(e), (2), (3) and (4) and 19 shall also apply in relation to the presentation of an infant formula.
2
The provisions of regulations 18(2) and 19 shall also apply in relation to the presentation of a follow-on formula.
3
For the purposes of this regulation “presentation” includes the shape, appearance or packaging of the products concerned, the packaging materials used, the way in which they are arranged and the setting in which they are displayed.
Restrictions on advertising infant formula
21
1
No person shall advertise infant formula —
a
except —
i
in a scientific publication, or
ii
for the purposes of trade prior to the retail stage, in a publication of which the intended readership is other than the general public; and
b
unless the advertisement complies with the provisions of regulation 17(1)(e), (2), (3) and (4), regulation 19 and paragraph (2) and (3).
2
Advertisements for infant formula shall only contain information of a scientific and factual nature.
3
Information in advertisements for infant formula shall not imply or create a belief that bottle-feeding is equivalent or superior to breast feeding.
Restrictions on advertising follow-on formula
22
No person shall advertise follow-on formula where the advertisement contravenes or fails to comply with the provisions of regulation 18(2) or 19.
Restrictions on promotion of infant formula
23
1
No person shall at any place where any infant formula is sold by retail —
a
advertise any infant formula;
b
make any special display of an infant formula designed to promote sales;
c
give away —
i
any infant formula as a free sample, or
ii
any coupon which may be used to purchase an infant formula at a discount;
d
promote the sale of an infant formula by means of premiums, special sales, loss-leaders or tie-in sales; or
e
undertake any other promotional activity to induce the sale of an infant formula.
2
No manufacturer or distributor of any infant formula shall provide for promotional purposes any infant formula free or at a reduced or discounted price, or any gift designed to promote the sale of an infant formula, to —
a
the general public;
b
pregnant women;
c
mothers; or
d
members of the families of persons mentioned in sub-paragraphs(b) and (c),
either directly, or indirectly through the health care system or health workers.
Provision of informational and educational material dealing with the feeding of infants
24
1
No person shall produce or publish any informational or educational material, whether written or audiovisual, dealing with the feeding of infants and intended to reach pregnant women and mothers of infants and young children, unless that material includes clear information on all the following points —
a
the benefits and superiority of breast-feeding;
b
maternal nutrition;
c
the preparation for and the maintenance of breast-feeding;
d
the possible negative effect on breast-feeding of introducing partial bottle-feeding;
e
the difficulty of reversing the decision not to breast-feed; and
f
where needed, the proper use of an infant formula.
2
When the material referred to in paragraph (1) contains information about the use of an infant formula it shall include information about —
a
the social and financial implications of its use;
b
the health hazards of inappropriate foods or feeding methods; and
c
the health hazards of improper use of infant formula.
3
When the material referred to in paragraph (1) contains information about the use of an infant formula it shall not use any pictures which may idealise the use of infant formula.
4
No manufacturer or distributor of an infant formula shall make a donation of any informational or educational equipment or materials except in accordance with the following conditions —
a
the donation shall be made following a request by the intended recipient;
b
the donation shall be made with the written authority of the Secretary of State or in accordance with guidelines drawn up by the Secretary of State;
c
the equipment and materials shall not be marked or labelled with the name of a proprietary brand of infant formula; and
d
the equipment or materials shall be distributed only through the health care system.
Free or reduced rate infant formula
25
An institution or organisation which receives any infant formula free or at a reduced rate shall —
a
if that infant formula is for use in the institution or organisation, only use it for infants who have to be fed on infant formula and only for as long as required by those infants; or
b
if that infant formula is for distribution outside the institution or organisation, only distribute it for infants who have to be fed on infant formula and only for as long as required by those infants.
Export of infant formula to third countries
26
1
No person shall export to a third country any infant formula which contravenes or fails to comply with —
a
regulation 5, 6, 8, 10, 11, 12, 14(1), (2) or (3), 17 or 19;
b
the Codex Standard for Infant Formula established by the Codex Alimentarius ; or
c
the Food (Lot Marking) Regulations 1996 .
2
No person shall export to a third country a product represented as suitable for satisfying by itself the nutritional requirements of normal healthy infants during the first four to six months of life unless that product is infant formula.
Export of follow-on formula to third countries
27
No person shall export to a third country any follow-on formula which contravenes or fails to comply with —
a
regulation 5, 7, 9, 10, 11, 12, 14(1), (2) or (3), 18 or 19;
b
the Codex Standard for Follow-up Formula established by the Codex Alimentarius ; or
c
the Food (Lot Marking) Regulations 1996.
Offences and enforcement
28
1
If any person contravenes or fails to comply with regulation 3, 4, 13, 21(1), 22, 23, 24, 25, 26 or 27 he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Each food authority shall enforce and execute these Regulations within its area.
Application of various sections of the Food Safety Act 1990
29
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations —
a
section 3 (presumptions that food intended for human consumption);
b
section 20 (offences due to fault of another person);
c
section 21 (defence of due diligence) , with the modifications that subsections (2) to (4) shall apply in relation to an offence under regulation 28 consisting of a contravention of or a failure to comply with regulation 3, 4 or 13 as they apply in relation to an offence under section 14 or 15 and that in subsection (4)(b) the references to “sale or intended sale” shall be deemed to be references to “marketing or as the case may be placing on the market”;
d
section 30(8) (which relates to documentary evidence);
e
section 33(1) (obstruction etc. of officers);
f
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub-paragraph (e);
g
section 35(1) (punishment of offences) , in so far as it relates to offences under section 33(1) as applied by sub-paragraph (e);
h
section 35(2) and (3) , in so far as it relates to offences under section 33(2) as applied by sub-paragraph (f);
i
section 36 (offences by bodies corporate);
j
section 36A (offences by Scottish partnerships) ; and
k
section 44 (protection of officers acting in good faith).
Amendment of the Medical Food (England) Regulations 2000
30
1
The Medical Food (England) Regulations 2000 are amended in accordance with paragraph (2).
2
In regulation 2 (interpretation), for the definition “the Directive” there is substituted the following definition —
“the Directive” means Commission Directive 1999/21/EC on dietary foods for special medical purposes as amended by —
the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded ;
Commission Directive 2006/82/EC adapting Directive 91/321 on infant formulae and follow-on formulae and Directive 1999/21/EC on dietary foods for special medical purposes, by reason of the accession of Bulgaria and Romania ; and
Commission Directive 2006/141 on infant formulae and follow-on formulae and amending Directive 1991/21/EC .
.
Revocation and transitional arrangements
31
1
Regulations 4, 5, 6, 7, 13, 14, 14A, 15, 16, 17, 18, 19, 20 and 21 of the 1995 Regulations are revoked in so far as they apply in relation to England.
2
The 1995 Regulations are revoked in so far as they apply in relation to England.
3
No person commits an offence under regulation 28(1) consisting of a contravention of or a failure to comply with —
a
regulation 3(1), where —
i
the action that would otherwise constitute the offence consists of marketing infant formula which contravenes or fails to comply with regulation 5, 6, 8, 10, 11, 12 or 14 (1), (2) or (3), and
ii
there is no offence under regulation 22(1) of the 1995 Regulations consisting of a contravention of or a failure to comply with regulation 2(a)(i) or (ii) of those Regulations;
b
regulation 3(2), where —
i
the action that would otherwise constitute the offence consists of marketing follow-on formula which contravenes or fails to comply with regulation 5, 7, 9, 10, 11, 12 or 14 (1), (2) or (3), and
ii
there is no offence under regulation 22(1) of the 1995 Regulations consisting of a contravention of or a failure to comply with regulation 3 (a) or (b) of those Regulations; or
c
regulation 4, where there is no offence under regulation 22(1) of the 1995 Regulations consisting of a contravention of or a failure to comply with regulation 2(b)(i) or (ii) of those Regulations.
4
The 1995 Regulations are amended in so far as they apply in relation to England in accordance with paragraph (5).
5
The following paragraph is added at the end of regulation 22 (offences and enforcement) of the 1995 Regulations —
4
No person commits an offence under paragraph (1) consisting of a contravention of or a failure to comply with —
a
regulation 2(a)(i) or (ii), where there is no offence under regulation 3(1) of the 2007 Regulations consisting of a contravention of or a failure to comply with regulation 5, 6, 8, 10, 11, 12 or 14 (1), (2) or (3) of those Regulations;
b
regulation 2(b)(i) or (ii), where there is no offence under regulation 4 of the 2007 Regulations; or
c
regulation 3(a) or (b), where there is no offence under regulation 3(2) of the 2007 Regulations consisting of a contravention of or a failure to comply with regulation 5, 7, 9, 10, 11, 12 or 14 (1), (2) or (3) of those Regulations.
5
In this regulation “the 2007 Regulations ” means the Infant Formula and Follow-on Formula (England) Regulations 2007.
.
6
In this regulation “the 1995 Regulations” means the Infant Formula and Follow-on Formula Regulations 1995 .
Signed by authority of the Secretary of State for Health
Dawn Primarolo
Minister of State,
Department of Health
13th December 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the School Organisation and Governance (Amendment) (England) Regulations 2007 and come into force on 21st January 2008.
2
These Regulations apply in relation to England only.
Amendments to the School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007
2
The School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007 are amended in accordance with regulations 3 to 16.
3
In regulation 2 in the definition for “ APA rating” omit —
the rating awarded to a local authority for children and young people’s services used by the Audit Commission when categorising local authorities for the purpose of reports produced under section 99 of the Local Government Act 2003 or
.
4
1
In regulation 5(1) after “must” insert “within 1 week of the date of publication”.
2
Omit regulation 5(1)(g).
3
For regulation 5(2) substitute —
2
In respect of mainstream schools, the details from the competition notice specified in Part 1 of Schedule 5 must be —
a
published in an appropriate national newspaper covering education issues and at least one local newspaper circulating in the area to be served by the school, together with details of how complete copies of the competition notice may be obtained;
b
posted in a conspicuous place in the area to be served by the school; and
c
sent to the Secretary of State within 1 week of the date of publication.
4
For regulation 5(3) substitute —
3
In respect of special schools, the details from the competition notice specified in Part 2 of Schedule 5 must be —
a
published in an appropriate national newspaper covering education issues and at least one local newspaper circulating in the area to be served by the school, together with details of how complete copies of the competition notice may be obtained;
b
posted in a conspicuous place in the area to be served by the school; and
c
sent to the Secretary of State within 1 week of the date of publication.
5
1
In regulation 8(3) after “one” insert “local”.
2
In regulation 8(5) omit “, on any website maintained by them” and after “above” insert “, on any website maintained by them”.
6
In regulation 10(6) —
a
after “copies of all proposals” insert “within 1 week of the date of publication”; and
b
after “requests such a proposal” insert “within 1 week of receipt of the request”.
7
1
In regulation 13(3) after “one” insert “local”.
2
In regulation 13(5) —
a
after “copies of their proposals” insert “within 1 week of the date of publication”; and
b
omit regulation 13(5)(f).
3
After regulation 13(5) insert —
5A
Proposers or the local education authority (as the case may be) must send to the Secretary of State within 1 week of the date of publication of the proposals —
a
a copy of the proposals excluding the information contained in paragraph 5 of Schedule 3 (evidence of consultation); and
b
a copy of the information published under paragraph (1) or (2).
.
8
1
In regulation 15(2) after “one” insert “local”.
2
In regulation 15(3) —
a
after “copies of all proposals” insert “within 1 week of the date of publication”;
b
omit sub-paragraph (g); and
c
after “requests a copy” insert “within 1 week of the date of the request.”
3
After regulation 15(3) insert —
3A
The governing body or the local education authority (as the case may be) must send to the Secretary of State within 1 week of the date of publication of the proposals —
a
a copy of the proposals excluding the information contained in paragraph 4 of Schedule 4 (evidence of consultation); and
b
a copy of the information published under paragraph (1).
3B
Where the relevant school is a special school the governing body or local education authority (as the case may be) must send a copy of the information specified in paragraph (1) to the parents of every registered pupil at the school.
9
In regulation 20 —
a
for paragraph (q) substitute —
q
in the case of proposals to establish a maintained school, the Secretary of State making a direction under section 90 of EA 2002 that the National Curriculum for England shall not apply or shall apply with modifications; and
;
b
after paragraph (q) insert —
r
where the proposals in question depend upon any of the events specified in paragraphs (a) to (q) occurring by a specified date in relation to proposals relating to any other school or proposed school, the occurrence of such an event.
10
In regulation 26(3) between “one” and “newspaper” insert “local”.
11
In regulation 27 after paragraph (2) insert —
3
Where proposals are modified under paragraph 21(2)(a) of Schedule 2 to the Act, the local education authority, or the adjudicator (as the case may be) must notify the Secretary of State within 1 week of the proposals being modified.
12
In Schedule 1 —
a
for paragraph 4(j) substitute —
j
the estimated capital costs of providing the school (such an estimate to take account of the standards in Building Bulletin 77: Designing for Pupils with Special Educational Needs and Disabilities in Schools; Building Bulletin 98: Briefing Framework for Secondary School Projects and Building Bulletin 99: Briefing Framework for Primary School Projects ).
b
for paragraph16 (d) substitute —
d
the estimated capital costs of providing the school (such an estimate to take account of the standards in Building Bulletin 77: Designing for Pupils with Special Educational Needs and Disabilities in Schools; Building Bulletin 98: Briefing Framework for Secondary School Projects and Building Bulletin 99: Briefing Framework for Primary School Projects ).
13
In Schedule 2 —
a
for paragraph 35 substitute —
Special educational needs
35
Where proposals for the new school will include provision that would be recognised by the local education authority as reserved for children with special educational needs, details of the specific educational benefits that will flow from the proposals in terms of —
a
improved access to education and associated services including the curriculum, wider school activities, facilities and equipment with reference to the local education authority’s Accessibility Strategy;
b
improved access to specialist staff, both education and other professionals, including any external support and, or, outreach services;
c
improved access to suitable accommodation;
d
improved supply of suitable places; and
e
a statement that special educational needs provision will be in line with that specified in the competition notice, or, where not, the nature of any such provision and the proposed number of pupils for whom such provision is to be made.
b
omit paragraphs 31 and 59.
14
In Schedule 3 —
a
omit paragraph 32;
b
for paragraph 35 substitute —
Special educational needs
35
Information as to whether the school will have provision that is recognised by the local education authority as reserved for children with special educational needs and, if so, the nature of such provision and the proposed number of pupils for whom such provision is to be made.
c
omit paragraph 67.
15
In paragraph 19(b) of Schedule 4 for “body’s” substitute “local education authority’s”.
16
In Schedule 5 —
a
in paragraph 3 —
i
omit “and” at the end of sub-paragraph (h),
ii
insert “and” at the end of sub-paragraph (i), and
iii
after sub-paragraph (i) insert —
j
the estimated capital costs of providing the school (such an estimate to take account of the standards in Building Bulletin 77: Designing for Pupils with Special Educational Needs and Disabilities in Schools; Building Bulletin 98: Briefing Framework for Secondary School Projects and Building Bulletin 99: Briefing Framework for Primary School Projects ).
b
in paragraph 9 —
i
omit “and” at the end of sub-paragraph (b);
ii
insert “and” at the end of sub-paragraph (c); and
iii
after sub-paragraph (c) insert —
d
the estimated capital costs of providing the school (such an estimate to take account of the standards in Building Bulletin 77: Designing for Pupils with Special Educational Needs and Disabilities in Schools; Building Bulletin 98: Briefing Framework for Secondary School Projects and Building Bulletin 99: Briefing Framework for Primary School Projects ).
c
in paragraph 32 for “or a community school” substitute “a community school, or a maintained nursery school”.
Amendments to the School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007
17
The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007 are amended in accordance with regulations 18 to 25.
18
In regulation 2 insert, where they fall alphabetically, the definitions —
“presumption for the expansion of successful and popular schools” has the same meaning as given to it in the Department for Children, Schools and Families Guidance “Expanding a Mainstream School or Adding a Sixth form” issued in May 2007;
“site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question;
“transferor” and “transferee” means the transferor and transferee under any transfer to which these Regulations apply;
19
In regulation 7 after “category” insert “or acquires a foundation.”.
20
In Schedule 1 —
a
in sub-paragraph 1(c) after “explaining” insert “that any person may object to, or comment on, the proposals and”, and after “making” insert “such”;
b
for sub-paragraph 5(1)(b) substitute —
families of pupils at the school
;
c
after sub-paragraph 5(1)(b) insert —
bb
teachers and other staff at the school
;
d
in sub-paragraph 5(1)(d) —
i
after “families” insert “of pupils”; and
ii
for “parents” substitute “families”;
e
in sub-paragraph 6(2)(b) after “one” insert “local”;
f
omit sub-paragraph 6(3)(b);
g
in sub-paragraph 6(3)(c) for “the date” substitute “receipt”;
h
after paragraph 6(3) insert —
3A
The governing body must send to the Secretary of State within 1 week of the date of publication —
a
a complete set of the proposals excluding the information relating to consultation prescribed in sub-paragraph 1(d); and
b
a copy of the information published under sub-paragraph (1).
;
i
omit sub-paragraph 21(3)(d);
j
in sub-paragraph 21(4)(b) after “one” insert “local”;
k
after paragraph 22(2) insert —
3
The governing body must send the Secretary of State details of any modifications made to the proposals, within 1 week of modifying them.
l
after paragraph 32 insert —
Transitional admission arrangements
33
Where a community or voluntary controlled school changes category to become a foundation school, anything done before the implementation date by the local education authority as admission authority under any provision in Chapter 1 of Part 3 of SSFA 1998 (admission arrangements) will, from the implementation date, have effect as if done by the governing body.
21
In Schedule 2 —
a
for both paragraph 1(3) and paragraph 12(3) substitute —
Where there have been any enlargements for which proposals have been published and approved under section 28 of SSFA 1998 or section 19 of the Act (“approved proposals”), in the five years preceding the date when the new enlargement will be made, an enlargement only includes those made after the latest approved proposals.
b
in paragraph 2(2) and 13(2) after “highest admission number” insert “by 27 or more”.
22
In Schedule 3 —
a
in paragraph 5(1) for “12 to 14 and 18 to 21” substitute “and 12 to 14”;
b
for sub-paragraph 5(1)(b) substitute —
b
details of the current number of pupils admitted to the school in each relevant age group, and where this number is to change, the proposed number of pupils to be admitted in each relevant age group in the first school year in which the proposals will have been implemented.
;
c
in paragraph 5(2) for “13 and 18 to 21” substitute “and 13”;
d
for sub-paragraph 15(a) substitute —
a
details of the early years provision including —
i
the number of full-time and part-time pupils,
ii
the number and length of sessions in each week, and
iii
the services for disabled children that will be offered.
;
e
paragraph 16 is renumbered as sub-paragraph (1) of that paragraph;
f
after paragraph 16(1) as so renumbered insert —
2
Where the proposals are to alter the upper age limit of the school so that the school will provide sixth form education, the proposed number of sixth form places to be provided.
;
g
for paragraph 18(a) substitute —
a
a description of the proposed types of learning difficulties in respect of which education will be provided and, where provision for special educational needs already exists, the current type of provision.
;
h
omit “and” at the end of paragraph 18(g);
i
at the end of paragraph 18(h) insert “and”;
j
after paragraph 18(h) insert —
i
the number of places reserved for children with special educational needs, and where this number is to change, the proposed number of such places.
;
k
after paragraph 25 insert —
Expansion of successful and popular schools
25A
1
Proposals must include a statement of whether the governing body consider that the presumption for the expansion of successful and popular schools should apply and where the governing body consider the presumption applies, evidence to support this.
2
Sub-paragraph (1) applies to proposals in respect of primary and secondary schools, (except grammar schools) falling within paragraphs —
a
1 and 2 of Part 1 to Schedule 2;
b
12 and 13 of Part 2 to Schedule 2.
l
for sub-paragraph 27(1)(b) substitute —
b
families of pupils at the school;
;
m
after sub-paragraph 27(1)(b) insert —
bb
teachers and other staff at the school.
;
n
in sub-paragraph 27(1)(d) —
i
after “families” insert “of pupils”, and
ii
for “parents” substitute “families”;
o
in sub-paragraph 28(1)(a) —
i
after “9(a)” insert “, 15(a)(i), 16(2), 18(a), 18(c)”;
ii
insert “and” at the end of sub-paragraph (b); and
iii
after sub-paragraph (b) insert —
c
a statement explaining that any person may object to, or comment on, the proposals including the address to which objections or comments should be sent and the date by which they should be submitted.
p
in sub-paragraph 28(2)(b) after “one” insert “local”;
q
omit sub-paragraph 28(3)(b);
r
in sub-paragraph 28(3)(c) after “week of” insert “receipt of”;
s
after paragraph 28(3) insert —
3A
The governing body must send to the Secretary of State within 1 week of the date of publication —
a
a complete set of the proposals, excluding the information contained in paragraph 11 of this Schedule (evidence of consultation); and
b
a copy of the information published under sub-paragraph (1).
;
t
omit sub-paragraph 28(4)(e);
u
insert a new paragraph 28(5) —
5
Where the proposals relate to a special school, the governing body must also send a copy of the information contained in sub-paragraph ( 1 ) to parents of children who attend the special school.
;
v
in paragraph 32(1) for “34” substitute “33”;
w
in paragraph 33(1) after sub-paragraph (d) insert —
e
where proposals relate to a voluntary or foundation school or a foundation special school —
i
the governing body, and
ii
the trustees of the school.
;
x
in paragraph 38(1) —
i
omit “and” at the end of sub-paragraph (k),
ii
in sub-paragraph (l) for “(g)” substitute “(k)” and insert “and” at the end of the sub-paragraph,
iii
after sub-paragraph (l) insert —
m
where proposals are related to proposals for the establishment of new schools or discontinuance of schools, and those proposals depend on the occurrence of events specified in regulation 20 of the School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007 the occurrence of such an event.
;
y
for paragraph 40 substitute —
40
Where any proposals have been approved under paragraph 31 or 32 then the proposals must be implemented in the form in which they were so approved or determined, in accordance with this Schedule.
;
z
after paragraph 40 insert the following paragraphs —
Proposals relating to foundation, foundation special or voluntary controlled schools
40A
Proposals relating to a foundation, foundation special, or voluntary controlled school must be implemented by the governing body and the local education authority, respectively, to such extent as the proposals provide for each of them to do so.
Proposals relating to community, community special or maintained nursery schools
40B
Proposals relating to a community, community special or maintained nursery school must be implemented by the local education authority.
Proposals relating to voluntary aided schools
40C
Proposals relating to a voluntary aided school must be implemented —
a
so far as relating to the provision of any playing fields for the school, by the local education authority; and
b
otherwise by the governing body.
Provision of site and buildings for foundation, foundation special or voluntary controlled schools
40D
1
Where a local education authority are required by virtue of paragraph 40A and the provisions contained in the proposals to provide a site for a foundation, foundation special or voluntary controlled school, the authority must —
a
transfer their interest in the site and in any buildings on the site which are to form part of the school’s premises to the trustees of the school, to be held by them on trust for the purposes of the school, or
b
if the school has no trustees to the governing body, to be held by that body for the purposes of the school.
2
If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it must be made to such persons as the adjudicator thinks proper.
3
The authority must pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.
4
Where —
a
a transfer is made under this paragraph; and
b
the transfer is made to persons who possess, or are or may become entitled to, any sum representing proceeds of the sale of other premises which have been used for the purposes of the school;
those persons must notify the local education authority that paragraph (b) applies to them; and they or their successors must pay to the local education authority so much of that sum, as having regard to the value of the interest transferred, may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the adjudicator.
5
In sub-paragraph (4)(b) the reference to proceeds of sale of other premises includes a reference to —
a
consideration for the creation or disposition of any kind of interest in other premises, including rent, and
b
interest which has accrued in respect of any such consideration;
and for the purpose of any agreed determination under sub-paragraph (4) regard must be had to any guidance given from time to time by the Secretary of State.
6
Any sum paid under sub-paragraph (4) is to be treated for the purposes of section 14 of the School Sites Act 1841 (which relates to the sale, or exchange of land held on trust for the purposes of the school) as a sum applied in the purchase of a site for the school.
7
A determination may be made under sub-paragraph (4) in respect of any property subject to a trust which has arisen under section 1 of the Reverter of Sites Act 1987 (right of reverter replaced by trust for sale) if, and only if —
a
the determination is made by the adjudicator, and
b
he is satisfied that steps have been taken to protect the interests of the beneficiaries under the trust.
8
Sub-paragraph (4) is to apply for the purpose of compensating the authority notified under that sub-paragraph only in relation to such part of the sum mentioned in sub-paragraph (4)(b) (if any) as remains after the application of paragraphs A1 to A16 or 1 to 3 of Schedule 22 to SSFA 1998 to that sum.
Assistance for voluntary aided schools
40E
A local education authority may give to persons required by virtue of paragraph 40C to implement proposals relating to voluntary aided schools such assistance as the authority think fit in relation to the carrying out by those persons of any obligation arising by virtue of that provision.
Duty to transfer interest in premises provided under paragraph 40E
40F
1
Where assistance under paragraph 40E consists of the provision of any premises for use for the purposes of a school, the local education authority must transfer their interest in the premises to the trustees of the school to be held on trust for the purposes of the school.
2
If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer it must be made to such persons as the adjudicator thinks proper.
3
The authority must pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.
;
aa
in paragraph 41 —
i
omit sub-paragraph (3)(d),
ii
in sub-paragraph (4)(b) after “one” insert “local”,
iii
omit “and” at the end of sub-paragraph (10)(d),
iv
in sub-paragraph (10)(e) insert “and” after “the governing body”,
v
after sub-paragraph (10)(e) insert —
f
the Secretary of State.
;
bb
for paragraph 42 substitute —
42
1
Where the local authority has determined the proposals, the authority may at the request of the governing body who made the proposals —
a
modify the proposals; or
b
where there has been a conditional approval specify a later date, after determination but before implementation, by which the event in question must occur.
2
Where the adjudicator has determined the proposals, the adjudicator may at the request of the governing body who made the proposals —
a
modify the proposal after consulting the governing body and the local authority; and
b
where there has been a conditional approval, specify a later date, after determination but before implementation, by which the event in question must occur.
3
Where proposals are modified under sub-paragraph (1) or (2) the local authority or adjudicator must notify the Secretary of State within 1 week of the proposals being modified.
;
cc
in paragraph 55 omit “the School Standards and Framework Act 1998” and replace with “SSFA 1998”;
dd
insert a new paragraph 56 —
Transitional admission arrangements
56
1
Where a community or voluntary controlled school changes category to become a voluntary aided school, anything done before the implementation date by the local education authority as admission authority under any provision in Chapter 1 of Part 3 of SSFA 1998 (admission arrangements) will, from the implementation date have effect as if done by the governing body.
2
Where a foundation or voluntary aided school changes category to become a voluntary controlled school, anything done before the implementation date by the governing body as admission authority under any provision in Chapter 1 of Part 3 of SSFA 1998 (admission arrangements) will, from the implementation date have effect as if done by the local education authority.
23
In Schedule 4 —
a
for both paragraph 1(3) and paragraph 18(3) substitute —
3
Where there have been any enlargements from which proposals have been published and approved under section 28 of SSFA 1998 or section 19 of the Act (“approved proposal”) in the five years preceding the date when the new enlargement will be made, an enlargement only includes those made after the latest approved proposals.
b
in both paragraph 2(2) and paragraph 19(2) after “highest admission number” insert “by 27 or more”.
24
In Schedule 5 —
a
in paragraph 1 omit “and a contact address for the local education authority who are publishing the proposals”;
b
in paragraph 3(a) for “33” substitute “29”;
c
in paragraph 5(1) for “and paragraph 7 and 8” substitute “paragraphs 7, 8, 18, 19 and 21”;
d
for sub-paragraph 5(1)(b) substitute —
b
details of the current number of pupils admitted to the school in each relevant age group, and where this number is different, the proposed number of pupils to be admitted in each relevant age group in the first school year in which the proposals will have been implemented;
;
e
in paragraph 5(2) for “1 to 4 and 7 and 8” substitute “1, 2 , 8, 18, and 19”;
f
for paragraph 15(a) substitute —
a
details of the early years provision including —
i
the number of full-time and part-time pupils,
ii
the number and length of sessions in each week, and
iii
the services for disabled children that will be offered
.
g
paragraph 16 is renumbered as sub-paragraph (1) of that paragraph;
h
after paragraph 16(1) as so renumbered insert —
2
Where the proposals are to alter the upper age limit of the school so that the school will provide sixth form education, the proposed number of sixth form places to be provided.
;
i
for paragraph 18(a) substitute —
a description of the proposed types of learning difficulties in respect of which education will be provided and where provision for special educational needs already exists, the current types of provision;
;
j
omit “and” at the end of paragraph 18(g);
k
at the end of paragraph 18(h) insert “and”;
l
after paragraph 18(h) insert —
i
the number of places specially reserved for children with special educational needs, and where this number is to change, the proposed number of such places.
m
after paragraph 25 insert —
Expansion of successful and popular schools
25A
1
Proposals must include a statement of whether the local authority consider that the presumption for the expansion of successful and popular schools should apply and where the local authority consider the presumption applies, evidence to support this.
2
Sub-paragraph (1) applies to proposals in respect of primary and secondary schools, (except grammar schools), falling within paragraphs —
a
1 and 2 of Part 1 to Schedule 4;
b
12 of Part 2 to Schedule 4.
n
for sub-paragraph 27(1)(c) substitute —
c
families of pupils at the school;
;
o
after sub-paragraph 27(1)(c) insert —
cc
teachers and other staff at the school;
p
in sub-paragraph 27(1)(e) —
i
after “families” insert “of pupils”,
ii
for “parents” substitute “families”;
q
in paragraph 28(1) —
i
in sub-paragraph (a) for “9(a) and 9(a); and” substitute “9(a), 15(a)(i), 16(2), 18(a), 18(c) and 19(a),”
ii
insert “and” at the end of sub-paragraph (b), and
iii
after sub-paragraph (b) insert —
c
a statement explaining that any person may object to, or comment on, the proposals, including the address to which objections or comments should be sent and the date by which they must be submitted.
;
r
in sub-paragraph 28(2)(b) after “one” insert “local”;
s
in paragraph 28(3) —
i
omit sub-paragraph (3)(b),
ii
in sub-paragraph (3)(c) after “week of” insert “receipt of”, and
t
after paragraph 28(3) insert —
3A
The governing body must send to the Secretary of State within 1 week of the date of publication —
a
a complete set of the proposals, excluding the information contained in paragraph 11 of this Schedule (evidence of consultation); and
b
a copy of the information published under sub-paragraph (1).
;
u
at the end of sub-paragraph 28(5)(c) insert “and”;
v
omit “and” at the end of sub-paragraph 28(5)(d);
w
omit sub-paragraph 28(5)(e);
x
after paragraph 28(5) insert —
6
Where the proposals relate to a special school, the governing body must also send a copy of the information contained in sub-paragraph (1) to parents of children who attend the special school.
;
y
in paragraph 38(1) —
i
omit “and” at the end of sub-paragraph (k),
ii
in sub-paragraph (l) for “(g)” substitute “(k)” and insert “and” at the end of that sub-paragraph.
z
after sub-paragraph (l) insert —
m
where proposals are related to proposals for the establishment of new schools, or discontinuance of schools and those proposals depend on the occurrence of events specified in regulation 20 of the School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007, the occurrence of such an event.
;
aa
for paragraph 40 substitute —
40
Where any proposals have been approved under paragraph 31 or 32 then the proposals must be implemented in the form in which they were so approved or determined, in accordance with this Schedule.
;
bb
after paragraph 40 insert the following paragraphs —
Proposals relating to foundation, foundation special or voluntary controlled schools
40A
Proposals relating to a foundation, foundation special, or voluntary controlled school must be implemented by the governing body and the local education authority, respectively, to such extent as the proposals provide for each of them to do so.
Proposals relating to community, community special or maintained nursery schools
40B
Proposals relating to a community, community special or maintained nursery school must be implemented by the local education authority.
Proposals relating to voluntary aided schools
40C
Proposals relating to a voluntary aided school are to be implemented —
a
so far as relating to the provision of any playing fields for the school by the local education authority; and
b
otherwise by the governing body.
Provision of site and buildings for foundation, foundation special or voluntary controlled schools
40D
1
Where a local education authority are required by virtue of paragraph 40A and the provisions contained in the proposals to provide a site for a foundation, foundation special or voluntary controlled school, the authority must —
a
transfer their interest in the site and in any buildings on the site which are to form part of the school’s premises to the trustees of the school, to be held by them on trust for the purposes of the school; or
b
if the school has no trustees to the governing body, to be held by that body for the purposes of the school.
2
If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it must be made to such persons as the adjudicator thinks proper.
3
The authority must pay to the persons to whom their transfer is made their reasonable costs in connection with the transfer.
4
Where —
a
a transfer is made under this paragraph, and
b
the transfer is made to persons who possess, or are or may become entitled to, any sum representing proceeds of the sale of other premises which have been used for the purposes of the school,
those persons must notify the local education authority that paragraph (b) applies to them; and they or their successors must pay to the local education authority so much of that sum, as having regard to the value of the interest transferred, may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the adjudicator.
5
In sub-paragraph (4)(b) the reference to proceeds of sale of other premises includes a reference to —
a
consideration for the creation or disposition of any kind of interest in other premises, including rent, and
b
interest which has accrued in respect of any such consideration;
and for the purpose of any agreed determination under sub-paragraph (4) regard must be had to any guidance given from time to time by the Secretary of State.
6
Any sum paid under sub-paragraph (4) is to be treated for the purposes of section 14 of the School Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of the school) as a sum applied in the purchase of a site for the school.
7
A determination may be made under sub-paragraph (4) in respect of any property subject to a trust which has arisen under section 1 of the Reverter of Sites Act 1987 (right of reverter replaced by trust for sale) if, and only if —
a
the determination is made by the adjudicator, and
b
he is satisfied that steps have been taken to protect the interests of the beneficiaries under the trust.
8
Sub-paragraph (4) is to apply for the purpose of compensating the authority notified under that sub-paragraph only in relation to such part of the sum mentioned in sub-paragraph (4)(b) (if any) as remains after the application of paragraphs A1 to A16 or 1 to 3 of Schedule 22 to SSFA 1998 to that sum.
Assistance for voluntary aided schools
40E
A local education authority may give to persons required by virtue of paragraph 40C to implement proposals relating to voluntary aided schools such assistance as the authority think fit in relation to the carrying out by those persons of any obligations arising by virtue of that provision.
Duty to transfer interest in premises provided under paragraph 40E
40F
1
Where assistance under paragraph 40E consists of the provision of any premises for use for the purposes of a school, the local education authority must transfer their interest in the premises to the trustees of the school to be held on trust for the purposes of the school.
2
If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer it must be made to such persons as the adjudicator thinks proper.
3
The authority must pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.
;
cc
in paragraph 41 —
i
omit sub-paragraph (3)(d);
ii
in sub-paragraph (4)(b) after “one” insert “local”;
iii
omit “and” at the end of sub-paragraph (10)(d);
iv
insert “and” at the end of sub-paragraph (10)(e); and
v
after sub-paragraph (10)(e) insert —
f
the Secretary of State.
;
dd
for paragraph 42 substitute —
42
1
Where the local authority have determined the proposals, the authority may —
a
modify the proposals after consulting the governing body; and
b
where there has been a conditional approval specify a later date, after determination but before implementation, by which the event in question must occur.
2
Where the adjudicator has determined the proposals, the adjudicator may at the request of the authority who made the proposals —
a
modify the proposals after consulting the governing body; and
b
where there has been a conditional approval, specify a later date, after determination but before implementation, by which the event in question must occur.
3
Where proposals are modified under sub-paragraph (1) or (2) the local authority or adjudicator must notify the Secretary of State within 1 week of the proposal being modified.
.
25
In Schedule 6 —
a
replace the Schedule heading with —
LAND TRANSFERS WHERE A SCHOOL CHANGES CATEGORY OR ACQUIRES A FOUNDATION
;
b
after paragraph 2 insert —
2A
1
This paragraph applies where any proposals that a foundation school should acquire a foundation have been approved.
2
In such a case, any land, which immediately before the implementation date, was held or used by the local authority or governing body for the purposes of the foundation school, must on that date transfer to, and by virtue of this paragraph vest in, the trustees of the school, to be held on trust for the purposes of the school;
c
in paragraph 9 insert “2A,” after “2”; and
d
omit paragraph 23 of Schedule 6.
Amendments to the School Organisation (Transitional Provisions)(England) Regulations 2007
26
The School Organisation (Transitional Provisions) (England) Regulations 2007 are amended in accordance with regulations 27 to 29.
27
After regulation 3(9) insert —
10
Any proposals published before the 25th May 2007 which have not been determined or sent by the school organisation committee to the relevant authority, or by the relevant authority to the adjudicator by [ 2 weeks after cif of amending regs ] must be sent to the adjudicator for determination.
28
In regulation 27(4) for “regulations 24(6) or 26(8)” substitute “regulation 24(6) or (8)”.
29
In regulation 33(1) —
a
omit “and” at the end of sub-paragraph (k);
b
in paragraph (l) for “(g)” substitute “(k)” and insert “and” at the end of the paragraph; and
c
after paragraph (l) insert —
m
where proposals are related to proposals for establishment of new schools or discontinuance of schools, and those proposals depend upon the occurrence of events specified in regulation 7(5) the occurrence of such an event.
Amendment to the School Governance (Procedure) Regulations 2003
30
1
The School Governance (Procedure) Regulations 2003 are amended as follows.
2
In regulation 6(3) for “for a period extending beyond” substitute “until”.
3
In regulation 11(4) —
a
omit “and” at the end of sub-paragraph (b);
b
insert “and” at the end of sub-paragraph (c); and
c
after sub-paragraph (c) insert —
d
the local education authority, where an agenda item for the meeting involves consideration of a change of school category .
.
Amendments to the School Governance (New Schools) (England) Regulations 2007
31
1
The School Governance (New Schools) (England) Regulations 2007 are amended as follows.
2
In regulation 36(3) for “a period extending beyond” substitute “until”.
3
After regulation 52(1) insert the following paragraph —
1A
For the purposes of paragraph (1) —
a
the reference in regulation 29 of the Constitution Regulations to “governing bodies” is treated as a reference to “temporary governing bodies”; and
b
references in regulation 31 of the Constitution Regulations to —
i
“governing body” are treated as references to “temporary governing body”,
ii
“school” are treated as references to “proposed school” except that the references to “Church of England school” and “Roman Catholic Church school” in paragraph (2)(c) are treated as references to “proposed Church of England school” and “proposed Roman Catholic Church school” and except for the reference to “category of school” in paragraph (4), and
iii
“foundation governors” are treated as references to “temporary foundation governors.
.
Amendments to the School Governance (Federations) (England) Regulations 2007
32
1
The School Governance (Federations) (England) Regulations 2007 are amended as follows.
2
In regulation 38 after paragraph (3) insert —
4
For the purpose of paragraph (3)(a)(ii) —
a
the reference in regulation 29 of the Constitution Regulations to “governing bodies” is treated as a reference to “temporary governing bodies”; and
b
references in regulation 31 of the Constitution Regulations to —
i
“governing body” are treated as references to “temporary governing body”, and
ii
“foundation governors” are treated as references to “temporary foundation governors.
.
3
After regulation 43 insert —
43A
For the purpose of regulation 43(b) —
a
the reference in regulation 29 of the Constitution Regulations to governing bodies is treated as a reference to temporary governing bodies; and
b
references in regulation 31 of the Constitution Regulations to —
i
“governing body” are treated as references to “temporary governing body”, and
ii
“foundation governors” are treated as references to “temporary foundation governors.
.
4
Omit paragraph 7(b) of Schedule 7.
Revocation
33
The Education (Adjudicators Inquiry Procedure etc. ) Regulations 1999 are revoked.
Andrew Adonis
Parliamentary Under Secretary of State
Department for Children, Schools and Families
7th December 2007


text:
Citation, commencement and application
1
1
This Order may be cited as The School Admissions Code (Appointed Day) (England) Order 2007.
2
This Order applies only in relation to England.
Appointed Day
3
The day appointed for the coming into force of the School Admissions Code (a copy of a draft of which was laid before each House of Parliament on 8th January 2007) is 28th February 2007.
Jim Knight
Minister of State
Department for Education and Skills
27th February 2007