text:
Citation, commencement and application
1
These Regulations may be cited as the Further Education (Providers of Education) (England) Regulations 2006 and come into force on 1st January 2007.
2
These Regulations apply in relation to England.
Interpretation
3
1
In these Regulations —
“central records” has the meaning given by section 113A of the Police Act 1997 ;
“children’s suitability statement” has the meaning given by section 113C(2) of the Police Act 1997;
“employment business” has the meaning given by section 13(3) of the Employment Agencies Act 1973 and includes a local authority and a person carrying on an employment business;
“enhanced criminal record certificate” means an enhanced criminal record certificate issued pursuant to Part V of the Police Act 1997;
“new member of staff” means a person who receives an offer from the governing body of a further education institution on or after 1st January 2007 to work in a position providing education at the institution under a contract of service or a contract for services with the governing body or otherwise than under a contract and does not include a person supplied by an employment business;
“relevant activity” means regularly caring for, training, supervising or being solely in charge of persons aged under 18;
“relevant matter” has the meaning given by section 113A of the Police Act 1997.
2
A person meets the relevant staff qualification requirements if —
a
he meets all relevant requirements in the Further Education Teachers’ Qualifications (England) Regulations 2001 or in regulations made under section 136(a) of the Education Act 2002 as to the qualifications that he must hold; and
b
he meets all relevant conditions with respect to health or physical capacity in regulations made under section 141 of the Education Act 2002.
3
For the purposes of these Regulations a person applies for an enhanced criminal record certificate if he countersigns an application for the certificate as a registered person (within the meaning of section 120 of the Police Act 1997) or if an application is countersigned on his behalf, and the application is submitted to the Secretary of State in accordance with Part V of that Act.
4
In order to carry out an enhanced criminal record check a person must —
a
apply for and obtain an enhanced criminal record certificate; and
b
submit a children’s suitability statement with the application for the enhanced criminal record certificate.
Conditions to be complied with
4
These Regulations specify conditions to be complied with in respect of persons providing education at a further education institution .
New members of staff
5
It is a condition in respect of a new member of staff that the governing body of a further education institution must —
1
check his identity;
2
check that he has a right to work in the United Kingdom;
3
check that he meets all relevant staff qualification requirements;
4
check whether he is subject to any direction made under section 142 of the Education Act 2002; and
5
carry out an enhanced criminal record check in respect of him where his position will involve a relevant activity.
6
Where the governing body of a further education institution considers that, by reason of a new member of staff having lived outside the United Kingdom, carrying out an enhanced criminal record check is not sufficient for the purposes of considering his suitability for a position that will involve a relevant activity, it is a condition that the governing body must make such further checks as it considers appropriate, having regard to any guidance issued by the Secretary of State.
7
Subject to regulation 9, the checks specified in regulations 5(1) to (4) and 6 must be completed before the new member of staff begins work at the further education institution.
8
Subject to regulation 9, the check specified in regulation 5(5) must be carried out before the new member of staff begins work at the further education institution or as soon as practicable after he begins work there.
9
The checks specified in regulations 5(5) and 6 do not need to be carried out where the new member of staff —
1
has worked in either —
a
a school in England in a position which brought him regularly into contact with persons aged under 18; or
b
another further education institution in England in a position which involved the provision of education and a relevant activity; and
2
is due to begin work at the further education institution on a date which is not more than three months after the date on which he ceased to work in a position of the kind referred to in paragraph (1).
Staff who move positions
10
A person not supplied by an employment business who moves from a position which did not involve the provision of education to a position which involves the provision of education at the same further education institution on or after 1st January 2007 is treated as a new member of staff for the purposes of regulations 5 to 9, and references in those regulations to beginning work shall be construed as references to taking up the position providing education.
Supply staff
11
It is a condition that the governing body of a further education institution must not accept a person offered by an employment business to provide education at the institution (a “relevant person”) unless the governing body has received from the employment business written confirmation that the checks specified in regulation 18 have been carried out in respect of the relevant person.
12
Where the relevant person’s position will involve a relevant activity, the governing body of a further education institution must not accept the relevant person to provide education at the institution unless the conditions in regulation 13 or 14 have been complied with.
13
The conditions in this regulation are that the governing body has received from the employment business written confirmation that a children’s suitability statement has been submitted and an enhanced criminal record certificate applied for by or on behalf of the employment business but the certificate has not yet been received.
14
The conditions in this regulation are that the governing body has received written confirmation from the employment business —
1
that, subject to regulation 19, an enhanced criminal record check has been carried out (whether by that employment business or another employment business) not more than three months before the date that the relevant person is due to begin work at the institution;
2
that the employment business has obtained a copy of the enhanced criminal record certificate; and
3
as to whether the enhanced criminal record certificate gives details of any relevant matter relating to the person which is recorded in central records or gives any information provided in accordance with section 113B(4) of the Police Act 1997 or as to whether any information has been provided in accordance with section 113B(6) of the Police Act 1997.
15
If the governing body receives written confirmation under regulation 14 that the enhanced criminal record certificate gives details of any relevant matter relating to the relevant person which is recorded in central records or gives any information provided in accordance with section 113B(4) of the Police Act 1997 or that information has been provided in accordance with section 113B(6) of the Police Act 1997, it is a condition that the governing body of the further education institution must not accept the relevant person to provide education at the institution unless a copy of the certificate has been received from the employment business.
16
It is a condition that the governing body of a further education institution must, at the institution, check the identity of a relevant person before that person may begin work at the institution (irrespective of any such check already carried out by the employment business).
17
It is a condition that in the contract or other arrangements that the governing body of a further education institution enters into with an employment business, the employment business must be required to comply with the following requirements in respect of any relevant person —
1
to notify the governing body in writing that the checks specified in regulation 18 have been carried out;
2
where the person’s position involves a relevant activity, to notify the governing body in writing that —
a
subject to regulation 19, an enhanced criminal record check has been carried out (whether by that employment business or another employment business) not more than three months before the date that the person is due to begin work at the institution; or
b
a children’s suitability statement has been submitted and an enhanced criminal record certificate has been applied for by or on behalf of the employment business but the certificate has not yet been received; and
3
where the enhanced criminal record certificate gives details of any relevant matter relating to the person which is recorded in central records or gives any information provided in accordance with section 113B(4) of the Police Act 1997 or where information has been provided in accordance with section 113B(6) of the Police Act 1997, to notify the governing body and provide a copy of the certificate.
18
The checks in respect of a relevant person are —
1
a check of his identity;
2
a check that he has a right to work in the United Kingdom;
3
a check that he meets all relevant staff qualification requirements;
4
a check to establish whether he is subject to any direction made under section 142 of the Education Act 2002; and
5
subject to regulation 19, where the employment business considers that, by reason of him having lived outside the United Kingdom, carrying out an enhanced criminal record check is not sufficient for the purposes of considering his suitability for a position that will involve a relevant activity, such further checks as the employment business considers appropriate, having regard to any guidance issued by the Secretary of State.
19
1
Where the circumstances in paragraph (2) apply, the check specified in regulation 18(5) is not required and the enhanced criminal record check referred to in regulations 14(1) and 17(2) may have been carried out more than three months before the date that the relevant person is due to begin work at the institution.
2
The circumstances are —
a
the relevant person has worked in either —
i
a school in England in a position which brought him regularly into contact with persons aged under 18; or
ii
another further education institution in England in a position which involved the provision of education and a relevant activity,
during a period which ended not more than three months before the date that he is due to begin work at the institution.
Record keeping
20
It is a condition that a governing body of a further education institution must keep a register in respect of all persons who are providing education at the institution.
21
The register must be kept from —
1
1st January 2007 in respect of persons who begin work at the institution on or after 1st January 2007; and
2
1st April 2007 in respect of persons who are in post on 1st April 2007 and who began work at the institution before 1st January 2007.
22
It is a condition that the governing body of a further education institution must ensure that there is recorded in the register against the name of each person providing education at the institution who has not been supplied by an employment business the information that is specified in Part 1 of the Schedule.
23
It is a condition that the governing body of a further education institution must ensure that there is recorded in the register against the name of each person providing education at the institution who has been supplied by an employment business the information that is specified in Part 2 of the Schedule.
24
It is immaterial for the purposes of regulations 22 and 23 whether the information to be recorded was obtained pursuant to a legal obligation.
25
The register required to be kept pursuant to regulation 20 may be kept in electronic form, provided that the information so recorded is capable of being reproduced in legible form.
Bill Rammell
Minister of State
Department for Education and Skills
30th November 2006


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Asylum and Immigration Tribunal (Procedure) (Amendment) Rules 2006.
2
These Rules, except for rules 10 and 11, shall come into force on 13th November 2006.
3
Rules 10 and 11 shall come into force on the day on which section 8 of the Immigration, Asylum and Nationality Act 2006 comes into force.
4
In these Rules, a reference to a rule by number alone is to the rule so numbered in the Asylum and Immigration Tribunal (Procedure) Rules 2005 .
Amendments to the Asylum and Immigration Tribunal (Procedure) Rules 2005
2
In rule 2, omit the definition of “appropriate prescribed form”.
3
In rule 8(1), for “in the appropriate prescribed form”, substitute “made on a form approved for the purpose by the President”.
4
For the heading of rule 9 substitute “Notice of appeal where there is no relevant decision”.
5
In rule 10 —
a
after paragraph 6 insert —
6A
Where the Tribunal makes a decision under this rule it must give written notice of its decision, including its reasons which may be in summary form.
;
b
in paragraph (7) —
i
after “must serve” insert “the”;
ii
after “written notice” insert “given under paragraph (6A)”;
iii
omit “ of any decision under this rule”.
6
In rule 17, after paragraph (2) insert —
2A
Where an appellant dies before his appeal has been determined by the Tribunal, the Tribunal may direct that —
a
the appeal shall be treated as withdrawn; or
b
where the Tribunal considers it necessary, the personal representative of the appellant may continue the proceedings in the place of the appellant.
.
7
In rule 18 —
a
in paragraph (1)(a), after “section 104(4)” insert “, (4A)”;
b
after paragraph (1) insert —
1A
Where section 104(4A) of the 2002 Act applies and the appellant wishes to pursue his appeal, the appellant must file a notice with the Tribunal —
a
where section 104(4B) of the 2002 Act applies, within 28 days of the date on which the appellant received notice of the grant of leave to enter or remain in the United Kingdom for a period exceeding 12 months; or
b
where section 104(4C) of the 2002 Act applies, within 28 days of the date on which the appellant received notice of the grant of leave to enter or remain in the United Kingdom.
1B
Where the appellant does not comply with the time limits specified in paragraph (1A) the appeal will be treated as abandoned in accordance with section 104(4) of the 2002 Act.
1C
At the same time as filing the notice under paragraph (1A), the appellant must serve a copy of the notice on the respondent.
1D
Where section 104(4B) of the 2002 Act applies, the notice filed under paragraph (1A) must state —
a
the appellant’s full name and date of birth;
b
the Tribunal’s reference number;
c
the Home Office reference number, if applicable;
d
the Foreign and Commonwealth Office reference number, if applicable;
e
the date on which the appellant was granted leave to enter or remain in the United Kingdom for a period exceeding 12 months; and
f
that the appellant wishes to pursue the appeal in so far as it is brought on the ground specified in section 84(1)(g) of the 2002 Act which relates to the Refugee Convention.
1E
Where section 104(4C) of the 2002 Act applies, the notice filed under paragraph (1A) must state —
a
the appellant’s full name and date of birth;
b
the Tribunal’s reference number;
c
the Home Office reference number, if applicable;
d
the Foreign and Commonwealth Office reference number, if applicable;
e
the date on which the appellant was granted leave to enter or remain in the United Kingdom; and
f
that the appellant wishes to pursue the appeal in so far as it is brought on the ground specified in section 84(1)(b) of the 2002 Act which relates to section 19B of the Race Relations Act 1976.
1F
Where an appellant has filed a notice under paragraph (1A) the Tribunal will notify the appellant of the date on which it received the notice.
1G
The Tribunal will send a copy of the notice issued under paragraph (1F) to the respondent.
;
c
in paragraph (2) after “section 104(4)” insert “or (4A)”.
8
In rule 23(2) —
a
in sub-paragraph (a) for “28” substitute “35”; and
b
in sub-paragraph (b) for “28” substitute “35”.
9
In rule 27(1), for “a section 103A application” substitute —
—
a
an application for permission under section 103A(4)(b); or
b
an application for an order under section 103A(1),
.
10
In rule 28A(3)(b)(ii), for “103D(1)” substitute “103D(3)”.
11
In rule 33, for paragraph (2) substitute —
2
The Tribunal must make a separate determination (‘the funding determination’) stating whether it orders payment out of the relevant fund of the appellant’s costs —
a
in respect of the application for reconsideration;
b
in respect of the preparation for reconsideration; and
c
in respect of the reconsideration.
.
12
In rule 34(2)(a), for “in the appropriate prescribed form”, substitute “made on a form approved for the purpose by the President.”.
13
In rule 38(1), for “the appropriate prescribed form”, substitute “a form approved for the purpose by the President.”.
14
In rule 48 —
a
after paragraph (4) insert —
4A
Where a notice of appeal, or an application for bail under rule 38, is signed by a representative, the representative will be deemed to have notified the Tribunal and the other party that he is acting for a party in accordance with paragraph (4).
4B
Where a notice of appeal, or an application for bail under rule 38, is not signed by a representative, the representative must file a separate notice with the Tribunal and serve it on the other party to comply with his obligations under paragraph (4).
;
b
in paragraph (7) after “the other party” insert “in writing”;
c
in paragraph (8) —
i
omit “or (7)”;
ii
insert at the beginning of sub-paragraph (a) “where a representative is appointed to act for a party on the day of a hearing,”; and
iii
for “a” substitute “that”.
15
In rule 60, after paragraph (1) insert —
1A
The President may, either of his own motion or on application, review any order, notice of decision or determination made by the Tribunal and, after consulting all the parties to the appeal, may set it aside and direct that the relevant proceedings be dealt with again by the Tribunal, on the ground that it was wrongly made as the result of an administrative error on the part of the Tribunal or its staff.
1B
An application under paragraph (1A) must be filed —
a
if the party making the application is in the United Kingdom, within 10 days; or
b
if the party making the application is outside the United Kingdom, within 28 days,
of the date on which the party is served with the order, notice of decision or determination.
1C
At the same time as filing an application under paragraph (1A), the party making the application must serve a copy on the other party to the appeal.
1D
The President may delegate his power under paragraph (1A) to a Deputy President or a senior immigration judge.
.
16
Omit the Schedule.
Bridget Prentice
Parliamentary Under Secretary of State
Department for Constitutional Affairs
13th October 2006


text:
Citation and interpretation
1
1
This Order may be cited as the Pensions Act 2004 (Commencement No. 10 and Saving Provision) Order 2006.
2
In this Order “ the Act ” means the Pensions Act 2004.
Appointed days
2
1
The day appointed for the coming into force of sections 177(5) and (8) and 178(5) of the Act (amounts to be raised by the pension protection levies and the levy ceiling), is 1st September 2006.
2
The day appointed for the coming into force of sections 177(4) and 178(4), (7) and (9) of the Act —
a
for the purpose only of conferring power to make regulations, is 1st September 2006;
b
for all other purposes, is 1st October 2006.
3
The day appointed for the coming into force of paragraph 11 of Schedule 12 to the Act (amendment of section 56 of the Pension Schemes Act 1993 ), in so far as it is not already in force, and section 319(1) of the Act in so far as it relates to that paragraph —
a
for the purpose only of conferring power to make regulations, is 1st October 2006;
b
for all other purposes, is 1st January 2007.
4
The day appointed for the coming into force of section 178(6) of the Act (the levy ceiling) —
a
for the purpose only of conferring power to make an order, is 1st October 2006;
b
for all other purposes, is 1st December 2006.
5
The day appointed for the coming into force of the provisions of the Act specified in Part 1 of the Schedule —
a
for the purpose only of conferring power to make regulations, is 1st November 2006;
b
for all other purposes, is 6th April 2007.
6
The day appointed for the coming into force of sections 117(7) and 178 of the Act (administration levy and the levy ceiling), in so far as those provisions are not already in force —
a
for the purpose only of conferring power to make regulations or, as the case may be, an order, is 1st January 2007;
b
for all other purposes, is 1st March 2007.
7
The day appointed for the coming into force of the provisions of the Act specified in Part 2 of the Schedule, is 6th April 2007.
Saving
3
1
The definition of “minimum funding requirement” in section 124(1) of the Pensions Act 1995 (interpretation of Part 1 of that Act) continues to apply to a scheme from 6th April 2007 until the date on which the first schedule of contributions under the Act comes into force for that scheme.
2
Any reference to “minimum funding requirement” in —
a
the Occupational Pension Schemes (Winding Up) Regulations 1996 ;
b
the Occupational Pension Schemes (Deficiency on Winding Up etc. ) Regulations 1996 , or
c
the Occupational Pension Schemes (Employer Debt) Regulations 2005 ,
continues to apply to a scheme on and after 6th April 2007 as if the repeal of the definition of that provision in section 124(1) of the Pensions Act 1995 by the Act had not come into force on that date in accordance with this Order.
3
In this article —
“schedule of contributions” has the meaning given by section 227(2) of the Act (schedule of contributions);
“scheme” —
must be read in accordance with regulation 2(2) of the Occupational Pension Schemes (Scheme Funding) Regulations 2005 (interpretation); and
is one to which —
paragraph 9; or
paragraph 19,
of Schedule 4 to those Regulations (savings) applies.
Signed by authority of the Secretary of State for Work and Pensions.
Jim Murphy
Minister of State,
Department for Work and Pensions
19th August 2006


text:
PART 1
Preliminary
Citation and commencement
1
1
This Order may be cited as the Sea Fishing (Restriction on Days at Sea) (Monitoring, Inspection and Surveillance) Order 2006.
2
This Order comes into force on 1st June 2006.
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 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
“Northern Ireland zone” has the same meaning as in section 98 of the Northern Ireland Act 1998 ;
c
“Scottish zone” has the same meaning as in section 126(1) of the Scotland Act 1998 ;
Interpretation
3
1
In this Order —
“2006 regulated period” means the period commencing with the coming into force of this Order and ending with 31st January 2007 and any references to things done during the 2006 regulated period cover things done at any time within it;
“allocation of days” has the meaning given in article 7;
“Cod Annex” and “Sole Annex” mean respectively Annex IIA and Annex IIC to Council Regulation ( EC ) No 51/2006 fixing for 2006 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 ;
“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;
“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 ;
“the first third 2006” means the period 1st February 2006 to 31st May 2006;
“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 ;
“Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;
“Sole Recovery Zone” means the area referred to in point 1 of the Sole Annex.
2
In this Order —
a
“fishing boat” means any vessel to which the Cod Annex or the Sole Annex applies;
b
“English fishing boat” means a fishing boat —
i
registered under the Merchant Shipping Act 1995 as to be treated as belonging to an English port; or
ii
which is owned wholly by persons qualified to own British ships for the purposes of Part II of that Act;
c
“Welsh fishing boat” means a fishing boat registered under the Merchant Shipping Act 1995 as to be treated as belonging to a Welsh port.
3
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.
4
Any information notified for the purpose of any provision of this Order shall be treated as notified for the purposes of any equivalent provision.
PART 2
Days at Sea
Establishment of management periods for English boats
4
1
To establish a management period a person in charge of an English fishing boat shall 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 the management period is established on that notification in respect of that period and that gear, except where point 6.2 of the Cod Annex, or point 5.2 of the Sole Annex applies, in which case the management period is established only on receipt of confirmation in writing from the Secretary of State.
2
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 first third 2006
5
1
Where a person in charge of an English fishing boat has, during the first third 2006, 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 shall be deemed effective for the purposes of article 4(1);
b
a management period shall be deemed to be established in accordance with this Order; and
c
the requirement in article 10(2) shall not apply.
2
Any management period deemed established under paragraph (1) shall be treated as beginning on the date that this Order comes into force and ending on the date notified, and the allocation of days shall be calculated and adjusted accordingly.
Offences in relation to management periods
6
1
A person in charge of an English or Welsh fishing boat is guilty of an offence if, at any time during the 2006 regulated period, the boat is absent from port in the Cod Recovery Zone, 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 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 15 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 16 of the Cod Annex or point 21 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 is to be supplied.
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 shall be rounded down to the nearest whole number.
2
The allocation of days for an English fishing boat shall be calculated in accordance with this article subject to adjustment in accordance with articles 9, 10 or 12.
3
If the 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 notified gear group, 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 multiple notified gear groups, 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 notified gear groups.
4
If the 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 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 eighteen 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 shall be counted as a day in which each 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 Sole Recovery Zone or a combination of both zones in excess of its allocation of days, the Secretary of State shall 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 shall 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 first third 2006, notification requirement and adjustment of allocation of days
10
1
This article applies where, in the first third 2006, an English fishing boat was —
a
absent from port and present in the Cod Recovery Zone, 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 boat had this Order been in force in respect of that period and had a person in charge notified a four month management period in respect of the first third 2006.
2
A person in charge of the boat shall 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, Sole Recovery Sole or combination of both zones carrying regulated gear during the first third 2006.
3
The Secretary of State shall adjust the allocation of days that applies in respect of the boat to reflect those additional days present in the zones during the first third 2006.
4
The person in charge of the boat is guilty of an offence if there is a failure 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 twenty four hours beginning from the moment a 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 shall not trigger a new day.
3
Where the boat is present in either the Cod Recovery Zone or the Sole Recovery Zone at the end of a day, the next day shall begin at the moment the previous day expires and so on for any contiguous twenty-four hour periods.
4
Any time spent within the Cod Recovery Zone, 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, Sole Recovery Zone or a combination of both zones.
5
A person in charge of an English or Welsh fishing boat is guilty of an offence if the boat is absent from port carrying regulated gear in the Cod Recovery Zone, 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 or Welsh fishing boat is guilty of an offence if there are multiple notified gear groups and, a gear group is deployed from the 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 or 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 —
i
the 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
ii
there are multiple notified gear groups and a gear group is deployed from the 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 or 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 —
i
the 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
ii
there are multiple notified gear groups and a gear group is deployed from the 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 Scottish, Northern Irish or Welsh port;
c
“foreign fishing boat” means a fishing boat covered by the Sole Annex or the Cod Annex 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 12 of the Sole Annex.
3
A transfer under paragraph (2) is only effective if a written notification of transfer containing the following particulars, signed by the donor’s owner, is sent to the Secretary of State before the end of the management period in relation to which the transfer is to take effect —
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.
4
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 boat to a foreign fishing boat subject to the conditions in point 15 of the Cod Annex or point 13 of the Sole Annex and 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 is to be supplied.
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, Sole Recovery Zone or 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 shall be made as though that article did apply.
3
The logbook entry referred to in paragraph (2) —
a
shall 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
shall 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.
PART 3
Monitoring, Inspection and Surveillance in respect of fishing in the Sole Recovery Zone
Transhipment or landing relating to third countries
16
1
A person in charge of an English or Welsh fishing boat in respect of which point 21 of the Sole Annex applies, is guilty of an offence if he fails to provide the information required by that point during the 2006 regulated period.
2
In respect of the obligation to provide information in paragraph (1), in relation to an English or Welsh fishing boat, the Secretary of State is the person to whom the information is to be supplied.
Mixing of species
17
A person in charge of a fishing boat in respect of which point 23 of the Sole Annex applies, is guilty of an offence if he fails to comply with the obligations imposed by that point.
Weighing sole
18
A person in charge of a fishing boat in respect of which point 24 of the Sole Annex applies, is guilty of an offence if he fails to comply with the obligations imposed by that point.
Transport of sole
19
A person is guilty of an offence if, being the owner or hirer of a vehicle, he uses it to transport sole in contravention of point 25 of the Sole Annex.
Recording information on catches of sole
20
A person in charge of a fishing boat is guilty of an offence if the 8% margin of tolerance referred to in point 22 of the Sole Annex applies and is exceeded during the 2006 regulated period.
PART 4
Enforcement
Interpretation of Part 4
21
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 any of articles 6, 10, 11 and 13 to 20 of this Order or any equivalent provision.
Penalties and defence
22
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 shall be 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 donor was not entitled to transfer the days.
Recovery of fines
23
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 shall apply 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
24
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 26 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 the offence.
4
Where it appears to a British sea-fishery officer that any offence under any of articles 6, 11, 14, 15, 17 and 20 of this Order or 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 shall 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
25
1
For the purpose of this Order or any equivalent provision, or to operate or facilitate the operation of any monitoring deriving from point 26 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;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish 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 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 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 any of those articles 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 the suspected offence.
2
The provisions of paragraph (1) shall 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, shall 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
26
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 25 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
27
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 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
28
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 24, 25 or 27 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 and in article 30, “officer” means —
a
a British sea-fishery officer; or
b
a person assisting him by virtue of article 24(2) or 25(1)(b) or authorisation under article 26.
Obstruction of officers
29
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 24 or 25;
b
without reasonable excuse, he prevents, or attempts to prevent, any other person from complying with any such requirement;
c
assaults an officer while exercising any of the powers conferred by article 24, 25 or 27; or
d
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
30
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
31
1
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 shall, in any proceedings in respect of an offence under this Order or any equivalent provision, be 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.
PART 5
Supplementary
Consequential amendments
32
1
The Sea Fishing (Restriction on Days at Sea) Order 2005 is amended as follows.
2
Omit articles 3 to 6 and 12 to 22.
3
In article 23(2) for “article 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20 or 21 of this Order” substitute “any of articles 7 to 11 of this Order”.
4
In article 23(3) for “article 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20 or 21 of this Order” substitute “any of articles 7 to 11 of this Order”.
5
Omit article 23(5).
6
In article 25(1) omit “and Part 3”.
7
In article 25(4) for “article 3, 4, 5, 8, 11, 12, 13, 14, 15, 18, 21 or 22” substitute “article 8 or 11 of this Order”.
8
In article 26(1) omit “and Part 3”.
9
In article 27(2) for “article 3, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, 17, 18, 19, 20 or 21” substitute “any of articles 7 to 11 of this Order”.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
10th May 2006
David Cairns
Parliamentary Under Secretary of State, Northern Ireland Office
11th May 2006


text:
1
These Regulations may be cited as the Landfill Tax (Amendment) Regulations 2006 and come into force on 1st April 2006.
2
In regulation 31(3) of the Landfill Tax Regulations 1996 for “6” substitute “6.7”.
David Varney
Paul Gray
Two of the Commissioners for Her Majesty’s Revenue and Customs
22nd March 2006


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Incapacity Benefit Work-focused Interviews) Amendment Regulations 2006 and shall come into force on 3rd April 2006.
Amendment of the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003
2
1
The Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003 are amended in accordance with this regulation.
2
In regulation 2 (interpretation) in the definition of “relevant person” —
a
in paragraph (a)(i)(bb), after “Part 2” there is inserted “or Part 6”;
b
in paragraph (a)(ii) —
i
in head (aa), for “2001” there is substituted “1997”,
ii
in head (bb), for “2002” there is substituted “1998”, and
iii
at the end of head (bb), there is inserted —
or
cc
Part 6 of that Schedule and who made such a claim before 5th April 2004,
.
3
In Part 2 of the Schedule —
a
in paragraph 2(a) —
i
there is omitted “Mendip District Council;”, “Sedgemoor District Council;”, “South Somerset District Council;”, “Taunton Deane Borough Council;”, and “West Somerset District Council;”, and
ii
there is inserted at the appropriate place “Brentwood District Council;”; and
b
in paragraph 2(b) —
i
for “DH2 1AH” to “DH2 1XG”, there is substituted “DH2”, and
ii
for “DH3 1A” to “DH3 2T”, there is substituted “DH3”.
4
In Part 4 of the Schedule , in paragraph 4(b) there is inserted at the appropriate place —
G13 0, G13 4;
G14 0;
G60;
G63 0;
G81 1 to G81 6;
G82 1 to G82 5;
G83 0, G83 8, G83 9;
.
5
After Part 5 of the Schedule , there is inserted as Part 6 the Part set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Margaret Hodge
Minister of State,
Department for Work and Pensions
1st March 2006